From what offices are representa ed? But this privilege is stric ly confined to words spoken in the course of parliamentary proceedings, and does not cover things done beyond the place and limits of duty. (Jefferson's Manual, § 3) Story's Const. 866. The privilege does not cover the publication of the speech by the member. (The King v. Creevy, 1 Maule and Selw. 273. Coffin v. Coffin, 4 Mass. R. .1) But see Houston's Case (Doddridge and Burgess Speeches in 1832). Story on Const. § 866. [2.] No senator or representative shall, during the senators and time for which he was elected, be appointed to any civil tives exclud- office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office. How does ance of one another? 62. The acceptance by a member of any office under the United the accept- States, after he has been elected to, and taken his seat in congress, office vacate operates as a forfeiture of his seat. Van Ness's Case, Cl. & Hall, 122; Yell's Case in 1846-7. Yell had been elected a volunteer colonel in Arkansas, and marched to Mexico. He did not resign; but the governor ordered an election, and Newton was elected, and served out the term. Continuing to execute the duties of an office under the United States, after one is elected to Congress, but before he takes his seat, is not a disqualification, such office being resigned prior to the taking of the seat. Hammond v. Herrick, Cl. & Hall, 287; Earle's Case, Id. 314; Mumford's Case, Id. 316. 25. 25. What is the effect of holding incompatible offices? 25. Where must originate revenue bills? A person holding two compatible offices or employments under the government is not precluded from receiving the salaries of both, &c. (Converse v. The United States, 21 How. 463.) 9 Op. 508. 63. "DURING THE TIME FOR WHICH HE WAS ELECTED" does not reach the whole evil. (Rawle on the Const. ch. 19, p. 184; 1 Tucker's Black. App. 375.) Story's Const. 867, 868. A collector cannot, at the same time, hold the office of inspector of customs and claim compensation therefor. Stewart v. The United States, 17 How. 116. On the acceptance and qualification of a person to a second office, incompatible with the one he is then holding, the first office is ipso facto vacated. (The People v. Carrique, 2 Hill, 93.) It operates as an implied resignation; an absolute determination of the original office. (Rex v. Trelawney, 3 Burr, 1616; Millward v. Thatcher, 2 T. R. 87; Wilcock on Municipal Corp. 240, 617; Ang. & Ames on Corp. 255.) Paschal's Annotated Digest, note 200, p. 67; Biencourt v. Parker, 27 Tex. 262. SEC. VII-[1.] All bills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with amendments, as on other bills. 64. This is copied from a rule governing the English Parlia- What are ment. Story's Const. § 864. The reason is that the commons or bills? members of the house are the immediate representatives of the people. Id. Bills are the forms of enactments before they are acted upon by the house. Those for raising revenue are generally framed upon the estimate of the heads of departments. 65. REVENUE. That which returns or is returned; a rent, What is rev(reditus); income; annual profit received from lands or other pro- enue? perty. (Cowell). Burrill's Law Dic. REVENUE. Here it means what are technically called "money bills." Story's Const. § 874. In practice it is applied to bills to levy taxes in the strict sense of the word. (2 Elliot's Debates, 283, 284). Story's Const. § 880. And see 1 Tucker's Blacks. App. 261. manner of. laws? 165. veto power? come? [2.] Every bill which shall have passed the house of What is the representatives and the senate, shall, before it become a law, be presented to the President of the United States; if he approve, he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the What of 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, How overby 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 If the bill ten days (Sundays excepted) after it shall have been turned? 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. be not re When do bills take effect? 66. Every bill takes effect as a law, from the time when it is approved by the president, and then its effect is prospective, and not retrospective. The doctrine that, in law, there is no fraction of a day, is a mere legal fiction, and has no application in such a case. In the matter of Richardson, 2 Story, 571; People v. Campbell, 1 Cal. 400. But this is denied to be law. In the matter of Welman, 20 Verm. 653; In the matter of Howes, 21 Id. 619. The practice of the presidents has been not to approve bills, not signed by the presiding officers before their actual adjournment. We cannot go behind the written law. An act of Congress behind the examined and compared by the proper officers, approved by the president and enrolled in the Department of State, cannot afterwards be impugned by evidence to alter and contradict it. 9 Op. 2, 3. Can we go record? What is the 67. This returning of the bill commonly called the "VETO veto power? POWER," is simply the negative power of the president, which exists in the English Parliament. But the king's veto or negative is a final disposition of the bill. 1 Blacks. Com. 154. The privilege is a part of the king's prerogative never exercised since 1692; 1 Kent's Com. 226-229; De Lolme on Const. ch. 17, p. 390, 391. "VETO;" I (FORBID), the word by which the Roman tribunes expressed their negative against the passage of a law or other proceeding, which was also called interceding, (intercedere). (Adams' Roman Ant. 13, 145, 146.) Burrill's Law Dic. VETO. And see 1 Wilson's Law Lect. 448, 449; the Federalist, No. 51, 69, 73; Rawle's Const. Ch. 6, p. 61, 62; Burke's letter to the Sheriffs of Bristol in 1777, for the reasons why the exercise has been forborne. Define the word? What are its objects? 74, 81. 37. 166. It is intended as a defence of the executive authority, and also as an additional security against rash, immature, and improper laws. Idem, and Story's Const. § 881–893. The veto power was rarely exercised and never overcome during the first forty years of the government. (Story's Const. § 888.) The most notable instances of its exercise to prevent legislation, which had really not been made issues in the popular contests for the presidency, were the vetos of President Jackson of the renewal of the charter of the United States bank in 1832; and also of his veto of the Maysville Turnpike road. In both these messages the constitutional power of Congress was denied. In the exciting contest of 1840, the recreation of a National bank was one of the favorite issues of the successful party. But VicePresident Tyler, having succeeded to the presidency, after the death of General Harrison, the exercise of the negative power created an obstacle which could not be overcome by a two-thirds vote. Some Internal improvement measures and the French Spoliation appropriations were also defeated by the negatives of President Polk. But the most notable instances of the exercise of the have been during the administration of President Johnson. First, in 1866, the defeat of what is called the "Freedmen's Bureau bill," may be classed among the measures incident to history, where the two-thirds majority could not be found to overcome the negative of the executive. But the passage of the "Civil Rights bill" and the several acts for the reconstruction of the rebel states power (found in this volume), are the first instances wherein important measures have been passed by the requisite two-thirds majority. 275-279. And as the president urged the unconstitutionality of the measures, particularly the last, the question of the duty of the executive to see the laws faithfully executed, which he still believes to be unconsti tutional, or still to urge his objections after they had been overcome, according to prescribed forms, is for the first time before the judgment of the nation. The very fact that the measures are in regard to States, which the president contends are entitled to representation, may have no small influence upon his judgment. President's Message, Dec., 1861. 46. 68. "Two THIRDS." -On the 7th July, 1856, the senate of the What is a United States decided, by a vote of thirty-four to seven, that two- Quorum? thirds of a quorum only were requisite to pass a bill over the president's veto, and not two-thirds of the whole senate. 9 Law Rep. 196. In the ratification of treaties, it is expressly provided that two-thirds of the senators present shall concur. And see Cushing's Law of Legislative Assemblies, § 2387; see Story's Const. § 891; 1 Kent's Com. 249, note b. 178. 69. The president must receive the bill ten entire days before What of the adjournment, or it will not become a law. Hyde v. White, 24 Tex, ten days? 143, 145; Paschal's Annotated Dig. note 193, p. 62. dent? 52. [3.] Every order, resolution, or vote, to which the What shall be presented concurrence of the senate and house of representatives to the presi 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 repassed by two-thirds of the senate and house of representatives, according to the rules and limita- Has he the tions prescribed in the case of a bill. veto? 244. 67. the effect of 70. A JOINT RESOLUTION approved by the president, or duly Have joint passed without his approval, has all the effect of law. But sepa- resolutions rate resolutions of either house of congress, except in matters ap- law? pertaining to their own parliamentary rights, have no legal effect to constrain the action of the president, or of the heads of depart- 46. ments. 6 Opin. 680. The "concurrent resolution" of 1866 in reference to the States in rebellion, not being admitted by either house, was not submitted to the president. The reason for the exception as to adjournments is, that this is a Why the expower peculiarly fitted to be exercised by the two houses in order ception as to to secure their independence and prompt action. Story's Const. ment? adjourn § 892. 52. With what limitations SEC. VIII.-The Congress shall have power is the word 71. POWER.-In this connection means authority to enact. It power to be is to be taken in connection, 1, with the general declaration of the considered? first section, that "all legislative POWER herein granted shall be 14. 41, 48. 138. 142, 144. 268, 269. 1, 148. Are the fol 30. vested in a Congress of the United States;" 2, with the last clause in this section, "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department thereof;" 3, with the inhibitions in the 9th and 10th sections of this article; 4, with the IXth and Xth amendments; 5, with all the necessary powers growing out of other subjects contemplated by the Constitution. . Although the powers here following have been called by Mr. lowing prop- Hamilton, Mr. Jefferson, Mr. Madison, and almost by universal cuserly enumerated powers? tom "enumerated powers," and are generally divided by Arabic numbers into eighteen clauses, yet it will be seen by reference to the Note p. 28, authentic copy printed from the original, that, like the versification in the Bible, the enumeration has been the work of printers. Yet the practice of calling these special powers "enumerated" has too long obtained to ever be abandoned. Hamilton: Federalist, No. 83; Jefferson: Opinion on the Bank, 1781; Madison; Veto Message of 1817; Monroe: veto message of 1822; Farrar, § 283-288; Story's Const. § 981. 269. Were the fol cial powers nal draft of tion? The powers specifically granted to Congress are what are called lowing spe- enumerated powers, and are numbered in the order in which they stand. actually (Monroe, 4th May, 1822.) Story's Const. § 981. Certified copies enumerated of the Constitution have been printed by Hickey, Curtis, and Farin the origi- rar, and now by the author, in which the enumeration of articles and the constitu- sections appear; but there is none for the clauses. For convenience the enumeration of clauses is retained in [brackets]. The editor does not partake of the belief that the habit of calling the following powers enumerated has been a fruitful source of misconstruction; for without the figures every mind would number them for itself. What are 1 [2] To lay and collect taxes, duties, imposts, and and objects excises; to pay the debts and provide for the common of taxation? defense and general welfare of the United States; but all duties, imposts, and excises shall be uniform through out the United States. the powers Define tax- 72. "TAXES."-Taxare. In the civil law. To rate or value. Calv. Lex. To lay a tax or tribute. Spellman. In old English practice, to assess; to rate or estimate; to moderate or lay an assessment or rate. Burrill's Law Dic., TAX. A rate or sum of money assessed on the person or property of a citizen, by govern ment, for the use of the nation or State. (Webster.) In a general sense-any contribution imposed by government upon individuals, for the use and service of the State; whether under the name of toll, tribute, tallage, gabel, impost, duty, custom, excise, subsidy, aid, supply, or other name. (Story, Const. § 472; 1 Kent's Com. 254-257. Burrill's Law Dic., TAXES; Tomlin's Law Dic. TAX. |