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objections, to that House in which it shall have originated, who shall enter the objections at large on their Journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the Journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.

297. REASON FOR THE VETO POWER.-The argument by which this grant of power, popularly called the veto, is defended, is the familiar one of checks and balances. Congress is liable to pass bills that ought not to become laws; the President's negative may defeat them, or effect modifications; at all events, they ought not to become laws unless they secure a two-thirds vote of both Houses. Nor is it easy to pass a law over his veto. He sends his objections to the House in which the bill originated, where they are entered in full on the Journal. The vote is by yeas and nays, and must also be entered on the Journal. If the bill fails to receive two-thirds of the vote given, the matter goes no farther; but if it receive that vote, then it goes to the other House, where it must pass the same ordeal.

298. EFFECTS OF A REFUSAL TO SIGN.-Sometimes the President neither signs nor vetoes a bill, when it becomes a law without his signature on the expiration of ten days, unless Congress sooner adjourns. By simply retaining it, the President can defeat any bill that comes to him within ten days of the close of the session. He is popularly said, in this case, to "pocket" the bill or to give it a "pocket veto." This silent

veto is absolute, and important measures have been defeated in this way. Hence there are three ways, so far as the President is concerned, in which a bill may become a law.

299. THE VETO IN THE CONVENTION.-The Colonial Governors, save those of Connecticut and Rhode Island, who had no such power, used the veto vigorously. The Declaration of Independence charged the King with "refusing his assent to laws the most wholesome and necessary for the public good," and with "forbidding his governors to pass laws of immediate and pressing importance," etc. Naturally, the people were fearful of such a dangerous power, and Massachusetts was the only State that, in its first Constitution, gave its executive even a qualified veto. The whole subject was warmly debated in the Convention. It was proposed to make a council of revision, consisting of the President and the Supreme Judges; to make the President's negative absolute; and to give the National Government a veto on State legislation. Finally, the moderate and necessary provision that we are discussing was agreed to.

300. PRESIDENTIAL VETOES.-Washington vetoed 2 bills, Madison 6, Monroe 1, Jackson 12, Tyler 9, Polk 3, Pierce 9, Buchanan 7, Lincoln 3, Johnson 21, Grant 43, Hayes 12, Arthur 4, Cleveland 301, making 433 in all. One bill was passed over Tyler's veto, 5 over Pierce's, 15 over Johnson's, 4 over Grant's, 1 over Hayes's, 1 over Arthur's, and 2 over Cleveland's, making a total of 29. Several of the Presidents have sent to Congress protests relative to their exercise of the veto power. Previous to the 4th of March, 1889, 453 bills became laws by the 10-days' rule; 2 in Buchanan's term, 1 in Lincoln's, 18 in Johnson's, 136 in Grant's, 13 in Arthur's, and 283 in Cleveland's. All the Presidents previous to President Harrison signed 21,759 acts and resolutions. The total of such acts and resolutions to find a place in the statute book within the same limits is 22,246. The bills vetoed may be divided into two classes; those deemed unconstitutional, and those deemed unnecessary or inexpedient, the second being by far the larger class.1

The exercise of this power has often given rise to much political controversy. Its free use by President Jackson was one cause of the organization of the Whig party.

1. These statistics are given in Harvard Historical Monographs, No. I.

Nominally the British Crown has an absolute veto on all bills passed by Parliament, but it has not used it in a single instance since 1707.

Section 7, Clause 3.-Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be re-passed by twothirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

301. BILLS, ORDERS, AND RESOLUTIONS.-A bill is a form or draft of law presented to a legislative body, but not yet enacted into a law. Here the enacting clause is, "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled." Mr. Jefferson thus distinguishes between an order and a resolution: "When the House commands, it is by an order. But facts, principles, and their own opinions and purposes are expressed in the form of resolutions.' Joint resolutions have the resolving clause, "Resolved by the Senate and House of Representatives." Joint resolutions are not distinguishable from bills, and are subject to the same rules. Other forms of resolutions are resolutions by the separate Houses and concurrent resolutions. Were it not for this provision, Congress might defeat, at least partially, the operation of the preceding one by calling its acts motions, votes, or resolutions instead of bills.

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302. LIMITATIONS OF THE PRESIDENT'S POWER.-In 1794 the objection was made, in the case of Hollingsworth v. Virginia,' that Amendment XI. had not been constitutionally adopted, because it had not been presented to the President for his approval. The Attorney-General replied that this had not been done in case of the ten Amendments previously adopted. He argued, also, that an amendment "is a substantive act, unconnected with the ordinary business of legislation, and not within the policy or 1 Manual of Parliamentary Practice.

3 Dallas, 378.

terms of investing the President with a qualified negative on the acts and resolutions of Congress." The Supreme Court unanimously sustained this view, and declared the Amendment a part of the Constitution. And yet, the so-called " Douglas Amendment" was sent to President Buchanan, who approved it, March 2, 1861.

In February, 1865, Congress sent to the President a joint resolution declaring certain States not entitled to Presidential Electors because they were then in rebellion against the government. President Lincoln signed the resolution, but sent to Congress a message declaring this wholly unnecessary, as the two Houses, he urged, had exclusive authority, under the Constitution, to count the Electoral votes.

In March, 1866, the Houses adopted a concurrent resolution declaring that no Senator or Representative should be admitted into either branch of Congress from any of the eleven States then considered in rebellion, until Congress should have declared such State entitled to such representation. This resolution the President was not asked to approve.

CHAPTER X.

THE POWERS OF CONGRESS.

ARTICLE I.

The preceding sections have constituted the two Houses of Congress, and defined some of their separate powers. Now we come to a series of eighteen clauses constituting a particular enumeration, though by no means an exclusive enumeration, of the powers delegated to Congress. These clauses all depend upon the declaration, "The Congress shall have power."

(1) TAXATION.

Section 8, Clause 1.-The Congress shall have power to lay and col lect taxes, duties, imposts, and excises, to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States.

303. NECESSITY OF THIS POWER.-The National taxing power is very comprehensive, and properly stands at the head of the list of powers granted to Congress. Revenue is the lifeblood of government. "Without the possession of this power," says Judge Story, "the Constitution would have long since, like the Confederation, dwindled down to an empty pageant. It would have become an unreal mockery, deluding our hopes and exciting our fears. It would have flitted before us a moment, with a pale and imperfect light, and then have departed forever to the land of shadows."

304. KINDS OF TAXES.-A tax is a regular pecuniary charge imposed by government upon the pecple for its own support. The capricious and arbitrary levies imposed by

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