Show Notes

In episode 28, Jason continues the discussion about Article I, Section 7, clauses 2 and 3 of the U.S. Constitution which deals with the passing of bills and resolutions in Congress. This will be part 2 of 2 on this section of the Constitution. He is joined again by long-time friend, patriot, and fellow West Point grad, Glen Whitner. The duo discuss how a bill becomes a law and the subject of a “veto”.

• U.S. Constitution, Article I, Section 7, Clause 2 – 3
• [2]”Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.”
• [3]“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) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.”
• Records of the Federal Convention (see vol 1, vol 2, vol 3).
• James Madison in the Constitutional Convention:
  • “…if the negative of the President was confined to bills; it would be evaded by acts under the form and name of Resolutions, votes etc.- [He] proposed that “or resolve” should be added after “bill” in the … with an exception as to votes of adjournment etc”
• Col. George Mason in the Constitutional Convention:
  • “Yet perhaps a little reflection may incline us to doubt whether [the advantages of secrecy, dispatch, and vigor in a monarchy] are not greater in theory than in practice, or lead us to enquire whether there is not some pervading principle in republican government which sets at naught and tramples upon this boasted superiority, as hath been experienced to their cost, by most monarchies which have been imprudent enough to invade or attack their republican neighbors. This invincible principle is to be found in the love, the affection, the attachment of the citizens to their laws, to their freedom, and to their country. Every husbandman will be quickly converted into a soldier when he knows and feels that he is to fight not in defence of the rights of a particular family, or a prince, but for his own. This is the true construction of the pro aris et focis [“for hearth and home”] which has, in all ages, performed such wonders. It was this which in ancient times enabled the little cluster of Grecian republics to resist, and almost constantly to defeat, the Persian monarch. It was this which supported the States of Holland against a body of veteran troops through a thirty years’ war with Spain, then the greatest monarchy in Europe, and finally rendered them victorious. It is this which preserves the freedom and independence of the Swiss Cantons in the midst of the most powerful nations. And who that reflects seriously upon the situation of America,  in the-beginning of the late war– without arms and without soldiers — without trade, money or credit, in a manner destitute of all resources, but must ascribe our success to this pervading, all powerful principle?” [Emphasis added]