two-thirds vote, it is sent to the other house, and if repassed by that house also by a two-thirds vote, it becomes a law. In voting on a bill which has been vetoed by the President, both houses must vote by a aye and nay vote and the names of the members voting for and against the bill must be entered on the journal of each house, respectively. In case the President neither signs nor vetoes the bill, within ten days (Sundays excepted) after it shall have been presented to him, it becomes a law without his signature, unless Congress has adjourned within the ten days, in which case it does not become a law." SECTION 28. 30 IMPEACHMENTS. 11 32 Under the Articles of Confederation much of the judicial powers belonging to the United States was vested in committees appointed by, and under the control of, Congress.31 Under the Constitution, however, no power of a judicial nature is vested in Congress except that of impeachment. The House of Representatives have "the sole power of impeachment, while to the senate is given "the sole power to try all impeachments." 33 The House of Representatives, thus acts in the capacity of a grand jury and the Senate in that of a trial jury. When the senators are trying an impeachment they are on oath or affirmation. In case the President of the United States is impeached the Chief Justice of the Supreme Court presides over the Senate instead of the Vice-President; it being considered unwise to allow a person having such an interest in the conviction of the President to preside at his trial. 30 United States Constitution, Article I, Section 7, Clauses 2 and 3. 31 Articles of Confederation, Article IX, 2nd and 3rd paragraphs. 34 The Constitution further provides," "Judgment in case of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment, according to law." The most famous impeachment has been that of President Andrew Johnson. SECTION 29. THE POWERS OF CONGRESS. The Government of the United States is one of delegated powers. It rests upon the Constitution of the United States, and has only such powers as are therein granted to it. The grant of powers to Congress, the legislative department of the government, is contained in the eighth section of the first article of the Constitution. The powers thus granted are given only in their rough outline; the Constitution enumerates these powers but does not define them. The powers granted by the Constitution to Congress are the maximum which it can exercise. Congress, however, is not compelled to use all the powers granted to it; it may entirely disregard certain of these powers, or may exercise them in part only. In general, when Congress fails to legislate on any subject over which they have been given jurisdiction, but the exercise of which has not been denied to the states, then the states may legislate on the subject. It is not required that a power be expressly granted to Congress, it is sufficient if it be granted by implication.36 The eighth section of the first article contains 36 McCulloch vs. Maryland, 4 Wheaton, 316. 85 United States Constitution, Arti cle I, Section 3, Clause 7. eighteen clauses, each containing the grant of certain powers to Congress. These eighteen clauses will be taken up in order. SECTION 30. TAXATION. "The Congress shall have power-To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts, and excises, shall be uniform throughout the United States." This power of taxation is made the subject of a separate chapter in this book. 37 SECTION 31. BORROWING MONEY. (The Congress shall have power-)" To borrow money on the credit of the United States." This power to borrow money was one which had been given to Congress to the fullest extent by the Articles of Confederation, and the same complete power to incur indebtedness was given to Congress by the Constitution. Congress was given the power not only to borrow money directly, but also to assume indebtedness already contracted by others, as was done by the first Congress when it assumed the debts of the different states contracted during the revolutionary war.3 The Constitution contains two pledges in relation to the payment of the public debts. The sixth article provides that "all debts contracted and engagements entered into before the adoption of this Constitution shall be as valid against the United States under this 37 See Chapter VI post. 88 The assumption of these debts was the result of a so-called 38 the provisions of which was the location of the Capitol of the United States at its present site. Constitution as under the Confederation." The fourteenth amendment declares that; "The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave, but all such debts, obligations, and claims shall be held illegal and void." Obligations and debts due by the United States cannot be taxed by the States.39 SECTION 32. BILLS OF CREDIT. An important and very difficult question is that as to whether Congress has the power to borrow money indirectly, by making paper money issued by itself legal tender. There has, perhaps, never been a more difficult question presented to our Supreme Court, or one upon which there are such good grounds for holding either position. It is a question which was left open by the framers of our Constitution. The first draft of the Constitution, (as reported by the Committee of Detail, August 6, 1787), contained among the powers granted to Congress, the power-"To borrow money, and emit bills on the credit of the United States." Ten days later the convention struck out the words, "and emit bills" by a vote of nine States to two.10 The Convention, however, did not then proceed and prohibit to the United States government, as they had prohibited to the State governments, the power to emit such * See Chapter VI post. 40 New Hampshire, Massachusetts, Connecticut, Pennsylvania, Vol. II-4 lina, South Carolina, Georgia, yes-9, New Jersey, Maryland, no-2. bills. The Convention thus left the matter in the position where the United States was neither given nor denied the right to emit bills of credits. Neither did the Constitution prohibit the United States government, as they did prohibit the State governments, from making anything but gold and silver coin a tender in payment of debts. The whole question was left open to be settled by the course of events. The subject was finally brought up for settlement by the Civil War and the laws passed during the war period by the United States government, making the paper currency issued by the United States a legal tender in payment of debts. In the earlier cases which came before the Supreme Court," tenders had been made in paper currency for debts which according to the term of their contracts were payable in gold or silver coin "or in specie." In these cases it was held that the tenders were not sufficient as the contracts expressly stated in what kind of money payments should be made. 43 The Constitutionality of these acts with regard to general debts was passed upon in the cases of Hepburn vs. Griswold," Knox vs. Lee and Parker vs. Davis, " commonly referred to as the Legal Tender Cases, and in Julliard vs. Greenman." In the case of Hepburn vs. Griswold the contract on which the debt was due, antedated the passage of the act making the paper currency a legal tender in payment of debts. The decision in this case was against the constitutionality of this Act. Mr. Chief Justice Chase who delivered the opinion of the Court, took as Bronson vs. Rodes, 7 Wallace, 229; Butler vs. Horwitz, 7 428 Wallace, 603. |