The morning times., 1896-12-21
CONGRESS-,
PRESIDENT
AND CUEA.

oyershadowing issue OF the relative rights,
power and prerogative Of Congress and the
President The calm, decisive and no
Doubt authoritative announcement made by
Secretary OIney that the President would
mot regard Il joint resolution passed over
his veto as binding upon his action, but
simply as an expression Of opinion, the
same as by concurrent resolution, raises
q constitutional controversy, the detcrmina-
tiun Of which is OF the utmost Importance.
No precedent is believed TO exist which
can serve as a guide, and yet it is abso-
Iutely necessary that the question should
be decided by competent authority in one
WAY or another An opinion by the At
torney General would not Toe sufficient, and
It is drnrult to see by what proceedings
the matter could be submitted TO the Su-
preme Court for its decision.
We shall not presume TO venture an
opinion as to a case which viii tax the
Ingenuity of oar best constitutional lawyers
and interpreters Of that instrument. 1t
may not toe amiss, however, 10 direct
attention to a provision OF the Constitu-
tion Itself aud To some legislative rulings
without reference thereto. The seventh
section or the first article OF the Coustitu
zion, after declaring the mDdus operandt or
passing bin ana its reconsideration after
beng retarued to Congress with the Presi-
dents objection, says. II, after such
Reconsideration, two-thirds of that House,
4. E., the one in which the hill originated,
shall gree to pass the bul it shall he sent
together with the objections, to the
other House, 10y which il shall be likewise
reconadercd, and il approved by two
thirds Of that House, il shan become q
law" Further on in the same section is
the following: Every order, resolution, or
yoteto which the concurrence ofthe Senate
OF House Of Representatives, may bc neces-
sary, except on a question of adjournment,
Ehall be presented to the President OF the
United States, and before the same shall
take effect shall be approved by him, OF,
being disapprovedby him, shall be repassed
by tw0-thirds of the Senate and House Of
Representatives., according to the -uies
and limitations in the case Of bin.'' on
the face of these declarations a Joint reso
tuition, passed over the President 5 veto by
both Houses Of Congress, would become
law,' as in the case OF a 5iH."
In Crutchfeld's digest it is stated that
''an rules Of the House applicable to bills
apply with equal force TO Joint resolu-
tions." From this it would seem that
here. az in the Constitution itself, no dis
unction i> made as to the degree of force
carried by bill or joint resolution.
They are on equal terms, and jciEt reso-
luton, therefore, passed over the Prcsi-
dents veto would stand in the nature of a
Law, just as much as if il had been a bill.
the only difference between the two be-
ing the absence Of the enacting clause in
the resolution. Under these intcrpreta-
lions il is somewhatpuzzlins TO understand
how The President could regard joint
resolution passed over his veto as less
mandatory than a bill passed under the
same circumstances.
The question, then, would seem to turn
upon the point whether OF not the action
contemplated by the Cameron resolution
is an invasion Of the Presidents constitu
tional preru ugative in dealing with for
eign nations. 1t is contcndcd that the
recognition OF a foreign government Ly
the United States and the granting cf
belligercnt rights is a purely executive
function and cannot be Influenced by any
action Of Congress. This, however, IS
really Of less Importance than that de-
cision be reached whether Congressional
action OF a legislative character can lie
disregarded by the President. and that is
the real issue raised by Secretary Olney's
statement