Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-03-03


decent haste to get the fifteenth
to the constitution of
the United States ratified. As soon
as it was agreed to by both houses
of Congress, the Radical members
from this State telegraphed to Gov.
Senter, "We say ratify at once" 1t
is very probable that similar dis
patches were sent TO other States,
for it was expected in Washington
Saturday that Nevada would be
the first State to ratify, but Kansas
boreoff that distinction. The Radl-
calls in the louisiana Legislature
made hot haste to ratify the amend
ment, and did SO on the list inst.
Considering that the proposed
amendment has not yet been sent
out officially from the State Depart
ment to any ofthe States, this action
cannot but be regarded as indecent
haste. 1t seems that an effort is to
be made to secure the ratification of
the amendment without submitting
it to the President, and possibly it
will not be sent to the States through
the usual channel, the Secretary of
State. The constitution of the
United States provides in article ]
section z, as follows
"Ever order, resolution OF vote to which
the concurrence Of the Senate and House
of Representatives shall be necessary
Except in a question of ADJOURNMENT,
shall be presented to the President Of the
United States; aud, before the same shall
take effect, shall be approved by him, or,
being disappl owed by him, shall be re-
passed by two.thirds of the Senate and
House of Representatives, according to
the rules and limitations prescribed in
the case of bill.
These words are plain "every"
resolution, except a specified one
is to be submitted to the Pres
ident before it can take effect. The
naming of one exception excludes
all others, or that any other can be
made by inference. The ground on
which this constitutional amend
ment is inferred to be an exclusion,
is to be found in the language of
the amending clause, (article five, }
by which it declared that
The Congress, whenever two-thirds Of
both Houses shall deem it necessary,
shall propose amendments to this con-
stitution, or on the application of the
Legislatures Of twosthirds Of the States.
shall call convention, etc.
1t is contended that by these
phrases "the Congress voting by
two thirds of the two Houses can
dispense with the cooperation OF
the President. 1t follows from the
same train of reasoning that if the
Congress should be called upon by
the Legislatures in the form pre-
scribed, a convention could also be
called without the forms rigidly
prescribed in another part of the
constitution for every bill and reso-
luton but one. But in the consti-
tuion, the term "the Congress
when employed to express any
function or grant of Legislative
power, means the two Houses and
the President, 1t has no legislative
functions or powers without the
President, until it has actually over
ruled him by a two-thirds vote,
after his concurrence has been
withheld. All grants Of pow
er are sgiven to the Con-
gress.' "The Congress shall have
power" (article 81 "to levy and
collect taxes" Congress shall have
power "to borrow money" Con
gress shall have power "to regulate
commerce" "tO declare war, ito
raise and support armies and SO
on, through all the enumerated
list of powers. The words are
that the Congress shall have all
these powers, but it cannot use
them without the concurrence Of
the President, or without dispens
ing with his concurrence in the
prescribed constitutional form. A
bill which has passed both Houses
unanimously, does not go into eff
feet without the signature Of the
President, or, on being disapprOved
by him, on being e-passed by two
thirds of both Houses. The pro-
vision for amendment to the consti-
tuition, which declares that, both
Houses agreeing by two-thirds,
amendments may be made, is not
made thereby, or anywhere in the
constitution, an exception. A reso-
luton for adjournment is, as we
have stated, the only exception al
lowed. To all this reasoning it is
that the Supreme Court Of
the United States has in a case
given a dictum that constitutional
amendments do not require the
Presidents signature. Whatever
may be the dictum or the opinion,
the. analogies and the principles of
the constitution are in favor Of the
Presidents right.
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