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
Art: III considered. Col. Mason doubted the propriety of giving each
branch a negative on the other "in all cases." There were some cases in
which it was he supposed not intended to be given as in the case of
balloting for appointments.
M^r Gov^r Morris moved to insert "legislative acts" instead of "all
cases."
M^r Williamson 2^{ds} him.
M^r Sherman. This will restrain the operation of the clause too much. It
will particularly exclude a mutual negative in the case of ballots,
which he hoped would take place.
M^r Ghorum contended that elections ought to be made by _joint ballot_.
If separate ballots should be made for the President, and the two
branches should be each attached to a favorite, great delay contention &
confusion may ensue. These inconveniences have been felt in Mas^{ts} in
the election of officers of little importance compared with the
Executive of the U. States. The only objection ag^{st} a joint ballot is
that it may deprive the Senate of their due weight; but this ought not
to prevail over the respect due to the public tranquility & welfare.
M^r Wilson was for a joint ballot in several cases at least;
particularly in the choice of the President, and was therefore for the
amendment. Disputes between the two Houses during & concern^g the
vacancy of the Executive might have dangerous consequences.
Col. Mason thought the amendment of M^r Gov^r Morris extended too far.
Treaties are in a subsequent part declared to be laws, they will
therefore be subjected to a negative; altho' they are to be made as
proposed by the Senate alone. He proposed that the mutual negative
should be restrained to "cases requiring the distinct assent" of the two
Houses.
M^r Gov^r Morris thought this but a repetition of the same thing; the
mutual negative and distinct assent, being equivalent expressions.
Treaties he thought were not laws.
M^r Madison moved to strike out the words each of which shall in all
cases, have a negative on the other; the idea being sufficiently
expressed in the preceding member of the article; vesting the
"legislative power" in "distinct bodies," especially as the respective
powers and mode of exercising them were fully delineated in a subsequent
article.
Gen^l Pinkney 2^{ded} the motion.
On question for inserting legislative Acts as moved by M^r Gov^r Morris
N. H. ay. Mas. ay. C^t ay. P^a ay. Del. no. M^d no. V^a no.
N. C. ay. S. C. no. Geo. no.
On question for agreeing to M^r M's motion to strike out &c.----
N. H. ay. Mas. ay. C^t no. P^a ay. Del. ay. M^d no. V^a ay.
N. C. no. S. C. ay. Geo. ay.
M^r Madison wished to know the reasons of the Com^e for fixing by y^e
Constitution the time of Meeting for the Legislature; and suggested,
that it be required only that one meeting at least should be held every
year leaving the time to be fixed or varied by law.
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