the two Houses and signed by the President. The court, however, declared that the attestation of the Speaker of the House and of the President of the Senate, and signature of the President of the United States, and the deposit of a measure as a law in the public archives are to be taken as unimpeachable evidence that the constitutional requirements for legislation have been satisfied, and the measure as thus certified to has received the approval of the legislative branch of the government. The opinion concludes: "We are of the opinion, for the reasons stated, that it is not competent for the appellants to show, from the journals of either House, from the reports of committees, or from other documents, printed by authority of Congress, that the enrolled bill, designated H. R. 9416,' as finally passed, contained a section that does not appear in the enrolled Act in the custody of the State Department."

In United States v. Ballin2 the evidential value of records of congressional proceedings was again considered, the court saying: "Assuming that . . . reference may be had to the Journal . . . and assuming, though without deciding, that the facts which the Constitution requires to be placed on the Journal may be appealed to in the question whether a law has been legally enacted, yet if reference may be had to such Journal, it must be assumed to speak the truth."

Constitutional force of rules of the House and Senate

In United States v. Ballin was also raised an interesting question as to the constitutional validity of a certain rule of procedure adopted by the House of Representatives. As to this the court, in its opinion, say: "The Constitution empowers each House to determine its rules of pro

2 144 U. S. 1; 12 Sup. Ct. Rep. 507; 36 L. ed. 321.

ceedings. It may not by its rules ignore constitutional restraints or violate fundamental rights, and there should be a reasonable relation between the mode or method of proceeding established by the rule and the result which is sought to be attained. But within these limitations all matters of method are open to the determination of the House, and it is no impeachment of the rule to say that some other method would be better, more accurate, or even more just. It is no objection to the validity of a rule that a different one has been prescribed and in force. for a length of time. The power to make rules is not one which once exercised is exhausted. It is a continuous power, always subject to be exercised by the House, and within the limitations suggested, absolute and beyond the challenge of any other body or tribunal."

Revenue measures

The Constitution provides that "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." 3

This provision has given rise to frequent controversies between the two Houses of Congress, but has but seldom been passed upon by the courts. No formal definition of a revenue measure has been given by the Supreme Court, but in Twin City National Bank v. Nebeker 4 the court, in effect, held that a bill, the primary purpose of which is not the raising of revenue, is not a measure that must originate in the House, even though, incidentally, a revenue will be derived by the United States from its execution.

The House has, upon a number of occasions, refused to agree to or to consider senatorial amendments to revenue

3 Art. 1, §7, cl. 1.

167 U. S. 196; 17 Sup. C Rep. 766; 42 L. ed. 134.

measures upon the ground that the amendments have enlarged the scope or changed the character of the measure as originated in the House. Especially has the House denied, and the Senate insisted upon its right to originate measures which repeal a law or portion of a law imposing taxes, duties, imposts or excises.5

6

It would seem that the Senate has full power to originate measures appropriating money from the Federal treasury. This right has at times been denied by certain members of the House, but the House has not itself formally adopted this negative view. In Flint v. Stone Tracy Co.,7 the court say with reference to the corporation tax law which constitutes § 38 of the Tariff Act of August 5, 1909, and which originated in the Senate as an amendment to the law as passed by the House, that the act itself having originated in the lower branch of Congress, and the amendment being germane to the subject-matter of the bill, it was not beyond the power of the Senate to propose it.

Presidential participation in lawmaking

The duties and powers of the President with reference to the enactment of laws are stated in Clause 2 of § 7 of Article I of the Constitution.

5 See generally upon this subject Hind's Precedents of the House of Representatives, Chapter XLVII.

See especially the views of the minority in House Report, 147, 46th Cong., 3d Sess. Also, Hinds, § 1500.

7 220 U. S. 107; 31 Sup. Ct. Rep. 342. The court, however, add: "In thus deciding we do not wish to be regarded as holding that the journals of the House and Senate may be examined to invalidate an act which has been passed and signed by the presiding officers of the House and Senate, and approved by the President, and duly deposited with the State Department." Citing: Field v. Clark, 143 U. S. 649; 12 Sup. Ct. Rep. 495; 36 L. ed. 294; Harwood v. Wentworth, 162 U. S. 547; 16 Sup. Ct. Rep. 890; 40 L. ed. 1069; Bank v. Nebeker, 167 U. S. 196; 17 Sup. Ct. Rep. 766; 42 L. ed. 134,

The Federal Executive has never attempted the exercise of, or claimed, the right to veto parts of measures submitted to him by Congress, and to approve the remainder. Because thus bound to accept or reject a bill as a whole, Congress has at times attempted to force the hand of the President by incorporating into a measure which it is known he will feel almost obligated to sign provisions. which it is believed he would disapprove if submitted to him as independent propositions. At times, however, these so-called "riders" have led to the veto of the entire bill.8

It cannot be said to be definitely established, but the better view would seem to be that the President may not sign a bill after the adjournment of Congress. It has been declared, however, that he may sign during a recess of that body."

10

8 For a full discussion of the distinctions between acts, and joint and concurrent resolutions, see a report of the Senate Judiciary Committee, Sen. Rpt., Vol. 1335, 54th Cong., 2d Sess. Joint resolutions, being in general legislative in character, require the President's signature.

9 Willoughby, United States Constitutional Law, § 257.

10 La Abra Silver Mining Co. v. United States, 175 U. S. 423; 20 Sup. Ct. Rep. 168; 44 L. ed. 223.

CHAPTER XXX

THE GENERAL POWERS OF CONGRESS

General powers

In the chapters which are immediately to follow will be taken up seriatim the legislative powers of Congress except in so far as these powers have been considered incidentally elsewhere in this treatise.

In addition to their legislative powers the Houses of Congress have certain other powers, judicial or executive in character, such as, for example, with reference to impeachments, to punishing their members for disorderly conduct, or their expulsion if necessary, the determination of contested elections, etc. Each House of Congress has also, it has been held, the power to obtain the information necessary for an intelligent exercise of its lawmaking power, and for this purpose to summon witnesses, and compel the production of documents, and to punish as contempt disobedience to orders thus given. These non-legislative duties are discussed elsewhere in this treatise, and especially in the chapters dealing with the Separation of Powers.

In some cases the powers granted by the Constitution are also made obligations, and, in general, it may be said that where legislation is necessary to make effective the provisions of the Constitution there is laid upon Congress the constitutional obligation to enact this legislation. At the same time it must be said that this obligation is an "imperfect" one in that no legal means exist for compelling its performance or providing for what shall be done in the