Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-06-05
From the National Mtekgencer.

for the Louisville and Portland Canal, and for a
variety of improvements of rivers, harbors, &c. in
the hand ofthe Presidential the time ofthe adjourn
ment of Congress, and retained by him .sfor full
Ter consideration" Their actual condition de-
ponds of course. upon what is the true construc-
ton Of the Constitution in reference to that mat
ter. Upon a hasty glance at it the other day. we
stated that we thought the President was left by
the adjournment in the possession of absolute
power to pass or reject the bills. We do not
feel as much confidence in that conclusion as we
did at first, seeing that so many differ from u.s.;
but we feel it due to ourselves to show bv what
process of reasoning we arrived at it.
The clause of the Constitution referring to this
subject is in the following words:
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
OF the United States; if he approve he shall sign it;
but if not, he shall return it. with his objections,
to the House in which it shall have originated.
who shall enter the objections at large on their
journal, and proceed to reconsider it
Ii, 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 d 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 a.
gainst 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 Sun
days excepted) after it shall have been present
ed 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."-.4rt. l. Sec. Z.
The first requisite, prescribed by this article,
before a bill "become a law" is, that it shall be
presented TO the President Of The United States
FOR HIS SIGNATURE. The next is, that, ifhe
approve it. he shall SIGN II. What next is re-
CURED to make it a lawi Arguing the mat
ter with ourselves, we answered, Nothing; the
bill has become a law when he has signed il: the
act is complete: the annunciation to the House
in which it originated is an act of courtesy mere
ly, not enjoined by the Constitution, and not re-
quisite s'before a bill become a law" because it
is not so enioined. As we read this provision,
the words 8return'' and returned" are through
out to be understood i in connexion with the words
with his objections as first used in the section
above quoted, and not in any other sense. So
that, with that understanding, purely g~rammati-
cal, the last sentence of the section should be
read thus:-ssif any bill shall not be returned
:. with his objections by the President within
.sten DAYS Sundays excepted) after it shall have
g 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
90 its return, with his objections, in which case
lit shall not be 3 law" That is, in case he
declines signing ii, and the adjournment of Con-
gress prevents his returning it for their recon-
sideration, it shall not be law.
The reader will gee confirmation Of this
construction in the phraseology employed in this
quotation. eff any bill shall not be returned
that is with his objections, within ten days,"&
y" it shall be a law in like manner ar if he had"-
As if he had done what: as if he had returned it:
No! '.as if he chad signed it." 1t is the signing
by the President. then, which completes a law
which c0nsummates the act OF legislation. And
we must take the first and last sentences of the
clause together, considering the intervening
! matter parenthetical as to what is necessary ''be-
fore a bill become a law.") Reading it in this
manner, we find it very plainly speaking the fol-
lowing ineligible language:
sEvery bill which shall have passed the House
.. of Representatives and the Senate, shall before
..it become a law be presented to the President
g of the United States; if he approve, he shall
.ssign it: but, If not, he shall return it, with
Ibis objections, to that House in which it shall
.have originatcd;' y = 4 = : : =
- unless Congress, by their ad journment prevent
..its return. with his objections. in which case
s.it shall not be a law" Because the Pre-
sldent has not approved and signed it, Ac.
cording to this construction the ad lournment of
| Congress, before a bill is returned by the Pre-
sident. has the effect simply of enlarging his au-
thority. so as to give him the power Of rejection
of a bill exclusively of the general right of the
two houses to reconsider and re-pass it.
Notwithstanding we have made this matter so
clear. to our own satisfaction. we repeat. that
we do not persist in the construction which ADLER
expounders of the law do not appear to sustain.
We Weld the point without being convinced
We believe that most of those who dissent from
us in this matter are of opinion that the bills fell
to the ground upon the adjournment of Congress
without their having been acted upon either affirm
atively or negatively, by the President. Those
who think thus %construe the last sentence Of the
clause above quoted to mean, that, if Congress
by their adjournment, prevent the return OF 4
bill by the President, the case has occurred in
which the bill ..shall not be a law" This it is