History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
[199] A question has been made, whether it is competent to two thirds
of the members _present_ in each house to pass a bill notwithstanding
the President's objections, or whether the Constitution means that it
shall be passed by two thirds of all the members of each branch of the
legislature. The history of the "veto" in the Convention seems to me
to settle this question. There was a change of phraseology, in the
course of the proceedings on this subject, which indicates very
clearly a change of intention. The language employed in the
resolutions, in all the stages through which they passed, was, that
"The national executive shall have a right to negative any legislative
act, which shall not be afterwards passed by _two third parts of each
branch of the national legislature_." This was the form of expression
contained in the resolutions sent to the committee of detail; and if
it had been incorporated into the Constitution, there could have been
no question but that its meaning would have been, that the bill must
be afterwards passed by two thirds of all the members to which each
branch is constitutionally entitled. But the committee of detail
changed this expression, and employed one which has a technical
meaning, that meaning being made technical by the Constitution itself.
Before the committee came to carry out the resolution relating to the
President's negative, they had occasion to define what should
constitute a "_house_" in each branch of the legislature; and they did
so by the provision that a majority of each _house_ shall constitute a
quorum to do business. This expression, a "house," or "each house," is
several times employed in the Constitution, with reference to the
faculties and powers of the two chambers respectively, and it always
means, when so used, the constitutional quorum, assembled for the
transaction of business, and capable of transacting business. This
same expression was employed by the committee when they provided for
the mode in which a bill, once rejected by the President, should be
again brought before the legislative bodies. They directed it to be
returned "_to that_ HOUSE _in which it shall have originated_,"--that
is to say, to a constitutional quorum, a majority of which passed it
in the first instance; and they then provided, that, if "_two thirds_
of that HOUSE shall agree to pass the bill, it shall be sent, together
with the objections, to the other HOUSE,... and if approved by _two
thirds_ of that HOUSE, it shall become a law." This change of
phraseology, taken in connection with the obvious meaning of the term
"house," as used in the Constitution when it speaks of a chamber
competent to do business, shows the intention very clearly. It is a
very different provision from what would have existed, if the phrase
"two third parts of each branch of the national legislature" had been
retained. (See Elliot, V. 349, 376, 378, 431 536.)
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