The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
N. H. ay. Mass. ay. C^t no. N. J. no. Pen^a no. Del: no.
Mary^d no. V^a ay. N. C. ay. S. C. ay. Geo. ay.
M^r Madison moved that all acts before they become laws should be
submitted both to the Executive and supreme Judiciary Departments, that
if either of these should object 2/3 of each House, if both should
object, 3/4 of each House, should be necessary to overrule the
objections and give to the acts the force of law.[29]
[29] Madison's Note says: "See the motion at large in the
Journal of this date, page 253, and insert it here." The
Journal gives it as follows:
"It was moved by Mr. Madison, and seconded, to agree to the
following amendment of the thirteenth section of the sixth
article:
"Every bill which shall have passed the two houses, shall,
before it become a law, be severally presented to the
President of the United States, and to the judges of the
supreme court for the revision of each. If, upon such
revision, they shall approve of it, they shall respectively
signify their approbation by signing it; but if, upon such
revision, it shall appear improper to either, or both, to be
passed into a law, it shall be returned, with the objections
against it, to that house, in which it shall have
originated, who shall enter the objections at large on their
journal, and proceed to reconsider the bill: but if, after
such reconsideration, two thirds of that house, when either
the President, or a majority of the judges shall object, or
three fourths, where both shall object, shall agree to pass
it, it shall, together with the objections, be sent to the
other house, by which it shall likewise be reconsidered;
and, if approved by two thirds, or three fourths of the
other house, as the case may be, it shall become a law."
M^r Wilson seconds the motion.
M^r Pinkney opposed the interference of the Judges in the Legislative
business: it will involve them in parties, and give a previous tincture
to their opinions.
M^r Mercer heartily approved the motion. It is an axiom that the
Judiciary ought to be separate from the Legislative; but equally so that
it ought to be independent of that department. The true policy of the
axiom is that legislative usurpation and oppression may be obviated. He
disapproved of the Doctrine that the Judges as expositors of the
Constitution should have authority to declare a law void. He thought
laws ought to be well and cautiously made, and then to be
uncontroulable.
M^r Gerry. This motion comes to the same thing with what has been
already negatived.
Question on the motion of M^r Madison
N. H. no. Mass. no. C^t no. N. J. no. P^a no. Del. ay.
Mary^d ay. Virg^a ay. N. C. no. S. C. no. Geo. no.
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