SECTION VII.-LAW MAKING.

Clause 1.-Revenue Bills.

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."

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'That is, bills in relation to the levying of taxes or for bringing money into the treasury in any other way. "Because the representatives are nearer to the people, who must pay the taxes, and can therefore be more readily held to account.

"Such bills in England originate in the House of Commons, and the House of Lords has no power of amendment.

The purpose of giving the Senate power to amend is to preserve the due influence of the small states in this important matter.

Clause 2.-Mode of Making Laws.

Every bill which shall have passed the House of Representatives and the Senate,' shall, before it becomes 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 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 considered, 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

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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."

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'Or the Senate and House of Representatives, since any bills except those for raising revenue may originate in either house.

"The two great purposes of giving the president a negative upon legislative acts, are to protect the proper authority of the executive from the encroachments of the congress, and to interpose a stay upon hasty legislation.

"The veto of the Roman Tribune was final, as is that of every European sovereign today. But no British king or queen has vetoed an act of Parliament in the last hundred and eighty years.

Our president's veto is not meant to be final. Its purpose is simply to call for a review of the matter.

'To secure a permanent record for future reference. The influence of this is to render members careful how they vote.

"This gives due time for consideration, but prevents the president's killing a bill by ignoring or neglecting it. "Thus congress (which has the very human failing of "putting off" or postponing) cannot break down the veto power of the president, by pouring an avalanche of bills upon him within the last few days of the session.

But the president can easily kill any bill which he does not like, if it is presented within ten days of the adjournment of congress, by simply keeping it. This is called "pocketing" a bill, or "the pocket veto."

If, however, the president abuses his power he can be removed.

Clause 3.-Joint Resolutions.

Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be neces sary (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 limitations prescribed in the case of a bill.

The purpose of this provision is to prevent congress from passing a law under some other name.

The resolution to adjourn is excepted, because, as we have seen, the time for adjournment is generally a matter of agreement between the houses.

A resolution passed by the two houses, but not intended to have the force of law, such as an agreement to do something, is called a concurrent resolution, and does not require the president's signature.

Pertinent Questions.

What is a "bill?" What is meant by entering the objections "at large?" Why is there no committee of ways and means in the Senate?

How many members in each house does it take for the first passage of a bill? How many after the president's veto? Does the expression two-thirds refer to the entire number in a house, or to the number voting?

State three ways in which a bill may become a law. Five ways in which it may fail.

During what time has the president the equivalent of an absolute veto?

Does a resolution merely expressing an opinion of either or both houses need the president's signature? Does a resolution proposing an amendment to the constitution?

Is the president bound to enforce a law passed over his veto?

A Summary.

"We have now completed the review of the structure and organization of the legislative department; and it has been shown that it is admirably adapted for a wholesome and upright exercise of the powers confided to it. All the checks which human ingenuity has been able to devise, or at least all which, with reference to our habits, our institutions, and our diversities of local interests, to give perfect operation to the machinery, to adjust its movements, to prevent its eccentricities, and to balance its forces: all these have been introduced, with singular skill, ingenuity and wisdom, into the arrangements. Yet, after all, the fabric may fall; for the work of man is perishable. Nay, it must fall, if there be not that vital spirit in the people, which alone can nourish, sustain and direct all its movements. If ever the day shall arrive, in which the best talents and the best virtues, shall be driven from office by intrigue or corruption, by the denunciations of the press or by the persecution of party factions, legislation will cease to be national. It will be wise by accident, and bad by system."*

Review.

Compare the organization of congress under the constitution with that of congress under the confederation. Show the superiority of our present organization. Specify some of the "checks" referred to by Judge Story.

* Story's Exposition of the Constitution of the United States.

CHAPTER XXII.

SECTION VIII.-POWERS VESTED IN CONGRESS.

Clause 1.-Taxation.

Congress shall have power:

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To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States.3

For discussion of methods of taxation, see appendix. 'The want of power in congress to impose taxes was, perhaps, the greatest defect of the articles of confederation; therefore in the constitution this was the first power granted to congress.

'As usually interpreted, the phrase beginning, "to pay the debts," is intended to state the purposes for which taxes may be levied. Otherwise the power to tax would be unlimited.

"This is to prevent legislation in favor of any state or section, as against other states or sections.

Clause 2.-Borrowing.

To borrow money on the credit of the United States. It should not be necessary, ordinarily, for congress to exercise this power. But in times of war the regular sources of income may not be sufficient, hence the necessity of this power to provide for extraordinary expenses. It is one of the prerogatives of sovereignty; it is indispensable to the existence of a nation.

For the methods of national borrowing, see appendix.