THIRD PROCESS.

1. The bill shall pass both houses of Congress.

2. It shall then be sent to the President.

8. He neglects to approve and sign it.

4. He also neglects to return it to the house in which it origi nated.

5. It becomes a law at the end of ten days (Sundays excepted), unless Congress, by adjournment within that time, prevents its return. 24.

§ 1. A bill, as here used, is the draught of a proposed law. It may be introduced by any one of several methods.

1st. It may be introduced, with the leave of the house, by any member.

2d. It may be introduced by order of either house; or,

3d. It may be introduced by the report of a standing or select committee.

§ 2. A standing committee is one that is appointed to continue during the session or term of the body from which it is chosen. To this committee is usually referred all that class of subjects which appropriately comes within its jurisdiction. Its name is usually suggestive of its business; as the Committee on Agriculture, Committee on Finance, Committee on Military Affairs, Committee of Ways and Means, Judiciary Committee; and so on. A subject may be presented, however, that does not appropriately belong to any standing committee. Such matter is usually referred to a committee appointed expressly for this purpose, which is called a select committee. All deliberative and legislative bodies have their committees usually appointed by the presiding officer; though they are not always so appointed: it is sometimes done by the assembly.

§ 3. A bill in Congress must receive three several readings before it is put upon its final passage. No bill can be read more than once on the same day without the special permission of the house. The vote is taken on its third reading. The arguments for and against the bill, if any, are made before its third reading, or between its third reading and the taking of the vote. If the bill passes, it is signed by the presiding officer, and sent to the other house. If it

passes the other house, the presiding officer of that house signs it; after which, it is sent to the President of the United States for his approval or disapproval.

§ 4. At any time during the pendency of a bill, amendments to it may be proposed, and passed by either house. Either house may concur in or reject the amendments made to a bill by the other, or may reject the bill altogether. But, at any stage of the proceed ings, amendments being attached to a bill in one house must be sent to the other for approval or disapproval. The President has no power to attach amendments.

§ 5. The first process of law-making, as described in the Analysis, is the simplest; only requiring that a bill shall pass both houses of Congress, and receive the signature of the President. In such cases, only a numerical majority of each house is necessary. The bill may pass either or both houses without the formality of taking the yeas and nays, unless they shall be called for by one-fifth of the members present.

§ 6. The second process of law-making is the one in which the President's veto, as it is commonly called, is interposed. To become a law in opposition to the President's objections, more formality is required than in the first process of law-making; and, instead of merely a numerical majority of each house, it requires a two-third majority, after his veto, to pass the bill. The voting must be done in the second process by yeas and nays, even though one-fifth of the members do not call for them; and the names of persons voting for and against the bill must be recorded. These requirements are not matters of legislative discretion, but of Constitutional provision, and therefore imperative.

§ 7. The word veto is borrowed from the Latin language, and signifies, I forbid. The President's negative on the bills passed by Congress is called his veto. As we have already seen, his veto is qualified, not absolute. The sovereign of Great Britain has an absolute negative on the bills of Parliament, though he has not exercised it for nearly two hundred years.

§ 8. There was an earnest effort in the Constitutional Convention, on the part of some of the leading members, to vest in the Executive

an unqualified negative, or veto, on all bills passed by Congress. Some of the most illustrious names in that illustrious body gave up this proposition with great reluctance. But for Dr. Franklin's opposition, perhaps it would have been carried. He said he had had some experience of this check on the Executive in the legislature of Pennsylvania. The negative of the governor was constantly made use of to extort money. No good law whatever could be passed without a private bargain with him.

§ 9. An increase of his salary, or some donation, was always made a condition; till at last it became the regular practice to have orders in his favor, on the treasury, presented along with the bills to be sigued, so that he might actually receive the former before he should sign the latter. It was held by the opponents of the absolute negative to be dangerous in the extreme to allow one man to check the will of the whole. No one man could be found so far above all the rest in wisdom as to render it safe to clothe him with such august power. The Constitutional provision as it now stands passed the Convention by the vote of eight States against two, — afterwards unanimously.

§ 10. This executive power, on the other hand, may operate as a salutary check on hasty legislation. Factious, precipitate, and even unconstitutional legislation, arising from temporary excitement and party zeal, might disgrace the halls of Congress. The Executive, not having participated in the rivalry of debate, and being quietly retired from the scenes of political strife, may be presumed to be better qualified to pronounce correct judgment than those who were active in the contest.

§ 11. The third process of law-making differs from the first and second only with regard to the action, or rather inaction, of the President. He simply neglects to sign the bill within ten days,, Sundays excepted, after receiving it. In such case, it becomes a law if Congress remains in session during that period; but, if Congress adjourns before the expiration of that time, the law is defeated. This last provision is for the purpose of taking it out of the power of Congress to give validity to their acts merely by adjournment.

ART. II. -ORDERS, RESOLUTIONS, AND VOTES.

Every order, resolution, or vote, to which the concurrence of the Senate and House of Representatives may be necessary, except on a question of adjournment,

1. Shall be presented to the President of the United States. 2. It shall be approved by him before the same shall take effect; or, being disapproved by him,

3. It shall be passed by the two houses of Congress, by two-thirds of each, according to the rules and limitations prescribed in case of a bill. 25.

Were it not for this provision, Congress might exert their power in the form of orders, resolutions, or votes; thus preventing the President from interposing his veto. They could thus substantially legislate in these forms without the sanction of the Executive, and without the necessity of a two-third majority of each house. As it now stands, the President has the same power of disapproval of an order, resolution, or vote, that he has to negative an act passed in the ordinary forms of legislation; and, if he disapproves them by the interposition of his veto, they must be re-passed by the yeas and nays, and by the same formalities as required in the second process for the passage of a bill.

CHAPTER VI.

PROHIBITIONS ON THE UNITED STATES.

ARTICLE I.-HABEAS CORPUS.

The privilege of the writ of habeas corpus shall not be suspended unless when the public safety may require it. 1. In cases of rebellion.

2. In cases of invasion. 45.

§ 1. În legal parlance, a writ is an instrument in writing, under seal, issued by authority of the king, president, governor, judge, or other magistrate, directed to a public officer or a private individual, commanding him to do or not to do some particular thing therein specified, over which the officer issuing it has jurisdiction.

an unqualified negative, or veto, on all bills passed by Congress. Some of the most illustrious names in that illustrious body gave up this proposition with great reluctance. But for Dr. Franklin's opposition, perhaps it would have been carried. He said he had had some experience of this check on the Executive in the legislature of Pennsylvania. The negative of the governor was constantly made use of to extort money. No good law whatever could be passed without a private bargain with him.

§ 9. An increase of his salary, or some donation, was always made a condition; till at last it became the regular practice to have orders in his favor, on the treasury, presented along with the bills to be sigued, so that he might actually receive the former before he should sign the latter. It was held by the opponents of the absolute negative to be dangerous in the extreme to allow one man to check the will of the whole. No one man could be found so far above all the rest in wisdom as to render it safe to clothe him with such august power. The Constitutional provision as it now stands passed the Convention by the vote of eight States against two, — afterwards unanimously.

§ 10. This executive power, on the other hand, may operate as a salutary check on hasty legislation. Factious, precipitate, and even unconstitutional legislation, arising from temporary excitement and party zeal, might disgrace the halls of Congress. The Executive, not having participated in the rivalry of debate, and being quietly retired from the scenes of political strife, may be presumed to be better qualified to pronounce correct judgment than those who were active in the contest.

§ 11. The third process of law-making differs from the first and second only with regard to the action, or rather inaction, of the President. He simply neglects to sign the bill within ten days,, Sundays excepted, after receiving it. In such case, it becomes a law if Congress remains in session during that period; but, if Congress adjourns before the expiration of that time, the law is defeated. This last provision is for the purpose of taking it out of the power of Congress to give validity to their acts merely by adjournment.