Joseph Story: Mode of Passing Laws; President's Negative

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* NOW - Buy this resource online! Click here * Mode of Passing Laws; President's Negative§ 870.§ 871.§ 872.§ 873.§ 874.§ 875.§ 876.§ 877.§ 878.§ 879.§ 880.§ 881.§ 882.§ 883.§ 884.§ 885.§ 886.§ 887.§ 888.§ 889.§ 890.§ 891.§ 892.§ 893.§ 894.§ 895.§ 896.§ 897.§ 898.§ 899.§ 900.§ 901. FOOTNOTES
   1. 1 Black. Comm. 169.
   2. 1 Black. Comm. 169; De Lolme on Constitution, ch. 4, 8, p. 66, 84 85, and note.
   3. 2 Wilson's Law Lect. 161, 162, 163, citing Millar on Constitution 398. But see 1 Wilson's Law Lect. 444, 445.
   4. 1 Black. Comm. 170, and Christian's Note, (26).
   5. De Lolme on Constitution, ch. 17, p. 381, 382.
   6. 2 Wilson's Law Lect. 163, 164; Rawle on Constitution, ch 6; 4 Elliot's Debates, 141
   7. 1 Tucker's Black. Comm. App. 215; 2 Wilson's Law Lect. 163, 164; Rawle on Constitution, ch 6; 4 Elliot's Debates, 141.
   8. 2 Elliot's Debates, 283, 284.
   9. Id.
   10. Id.
   11. Tucker's Black. Comm. App. 261, and note.
   12. See 2 Elliot's Debates, 283, 284.
   13. Journal of the Convention, 97.
   14. Journal of the Convention, 195, 253, 254, 355.
   15. Journal of the Convention, 69, 96, 195, 253.
   16. The Federalist, No. 51.
   17. 1 Black. Comm. 154
   18. De Lolme on Constitution, ch. 17, p 390, 391; 1 Kent's Comm. Lect. 11, p. 226.
   19. 1 Wilson's Law Lect. 448, 4149; The Federalist, No 73; Id No 69; 1 Kent's Comm. Lect. 11, p 226 -- Mr. Burke, in his letter to the sheriffs of Brisol,^a has treated this subject with his usual masterly power. "The king's negative to bills," says he, "is one of the most undisputed of the royal prerogatives; and it extends to all cases whatsoever. I am far from certain, that if several laws, which I know, had fallen under the stroke of that sceptre, that the public would have had a very heavy loss. But it is not the propriety of the exercise, which is in question The exercise itself is wisely forborne. Its repose may be the preservation of its existence; and its existence may be the means of saving the constitution itself, on an occasion worthy of bringing it forth."
   a. In 1777.
   20. 1 Tuck. Black. Comm. App. 255, 256; 1 Kent's Comm. Lect. 11, p 226.
   21. See the reasoning in The Federalist, No 73; Id. No 51; 1 Wilson's Law Lect. 448, 449.
   22. 1 Kent's Comm. Lect. 11, p. 226, 227.
   23. 1 Kent's Comm. Lect. 11, p. 225, 226; The Federalist, No 73; Id. No. 51.
   24. The Federalist, No 51, 73; 1 Tuck. Black. Comm. App. 225, 329; 1 Wilson's Law Lect. 448, 449; 1 Kent's Comm. Lect. 11, p, 225, 226.
   25. The Federalist, No. 73; 1 Wilson's Law Lect. 448, 449, 450.
   26. The Federalist, No. 73.
   27. 1 Tuck. Black. Comm. 225, 324; 1 Kent's Comm. Lect. 11, p. 225, 226.
   28. The Federalist, No. 73.
   29. Id.
   30. The Federalist, No. 73.
   31. Id.
   32. Id.
   33. The Federalist, No. 73.
   34. Rawle on Constitution, ch. 6, p. 61, 62.
   35. 1 Wilson's Lect. 449, 450; The Federalist, No. 73.
   36. Journal of Convention, 195, 253.
   37. The Federalist, No. 73.
   38. It is a remarkable circumstance in the history of Mr. Jefferson's opinions, that he would decidedly in favour of associating the judiciary with the executive in the exercise of the negative on law, or of investing it separately with a similar power.^b At a subsequent period his opinion respecting the value and importance seems to have undergone extraordinary changes.
   b. 2 Jefferson's Corresp. 274; 2 Pitk. 283.
   39. Journal of the Convention, p. 220, 253, 254, 256.
   40. The original proposition in the convention was, that the bill should he returned by the president in seven days. It was subsequently altered to ten days by a vote of nine states against two. Journal of Convention, 290, 224, 225.
   41. Journal of Convention, p. 220, 255.
   42. De Lolme, Eng. Const. B. 2, ch. 4, p. 224, and note.
   43. Id.
   44. 1 Tuck. Black. Comm. App. 229, note; 1 Black. Comm. 181; Jefferson's Manual, passim; 2 Wilson's Law Lect. 171 to 176.
   45. Act of 1789, ch. 1.
   46. Under President Washington and President John Adams, the practice was, to deliver speeches. President Jefferson discontinued this course, and substituted messages; and this practice has been since in variably followed.
   47. This summary is abstracted from 1 Black. Comm. 181, 182; 1 Tucker's Black. Comm. App. 229, 230, note; 1 Kent. Comm. Lect. 11, p. 223, 224; 2 Wilson's Law Lect. 171, 172, 173; Rawle on Constitution, ch. 6, p. 60, etc.; and especially from the rules of both houses, and Jefferson's Manual, (edition at Washington, 1828.)
   48. Burke on the French Revolution, note; Aristotle Polit. B. 4, ch. 4. See Montesquieu's spirit of Laws, B. 8, passim.