dent Jackson was one cause of the organization of the Whig party.1 Nominally the British Crown has an absolute veto on all bills passed by Parliament, but it has not used it in a single instance since 1707.

Section 7, Clause 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 re-passed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

338. Bills, Orders, and Resolutions.-A bill is a form or draft of law presented to a legislative body, but not yet enacted into a law. The enacting clause of a National law is, "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled." Mr. Jefferson thus distinguishes between an order and a resolution: "When the House commands, it is by an order. But facts, principles, and their own opinions and purposes are expressed in the form of resolutions." * Joint resolutions have the resolving clause, "Resolved by the Senate and House of Representatives." Joint resolutions are not distinguishable from bills, and are subject to the same rules. Other forms of resolutions are resolutions by the separate Houses and concurrent resolutions. Were it not for this clause, Congress might defeat, at least partially, the operation of the preceding one by calling its acts motions, votes, or resolutions instead of bills.

1Presidential Vetoes.-Washington vetoed 2 bills, Madison 6, Monroe 1, Jackson 12, Tyler 9, Polk 3, Pierce 9, Buchanan 7, Lincoln 3, Johnson 21, Grant 43, Hayes 12, Arthur 4, Cleveland 301, making 433 in all. One bill was passed over Tyler's veto, 5 over Pierce's, 15 over Johnson's, 4 over Grant's, I over Hayes's, I over Arthur's, and 2 over Cleveland's, making a total of 29. Several of the Presidents have sent to Congress protests relative to their exercise of the veto power. Previous to the 4th of March, 1889, 453 bills became laws by the 10-days' rule; 2 in Buchanan's term, 1 in Lincoln's, 18 in Johnson's, 136 in Grant's, 13 in Arthur's, and 283 in Cleveland's. All the Presidents previous to President Harrison sigued 21,759 acts and resolutions. The total of such acts and resolutions to find a place in the statute book within the same limits is 22,246. The bills vetoed may be divided into two classes: those deemed unconstitutional, and those deemed unnecessary or inexpedient, the second being by far the larger class.--See Harvard Historical Monographs, No. I., 1890.

2 Manual of Parliamentary Practice.

339. Limitations of the Veto.-In 1794 the objection was made, in the case of Hollingsworth v. Virginia,' that Amendment XI. had not been constitutionally adopted, because it had not been presented to the President for his approval. The Attorney-General replied that this had not been done in case of the ten Amendments previously adopted. He argued, also, that an amendment "is a substantive act, unconnected with the ordinary business of legislation, and not within the policy or terms of investing the President with a qualified negative on the acts and resolutions of Congress." The Supreme Court unanimously sustained this view, and declared the Amendment a part of the Constitution. And yet, the so-called "Douglas Amendment " was sent to President Buchanan, who approved it, March 2, 1861. In February, 1865, Congress sent to the President a joint resolution declaring that certain States were not entitled to Presidential Electors because they were then in rebellion against the Government. President Lincoln signed the resolution, but sent to Congress a message declaring this unnecessary, as the two Houses had exclusive authority, under the Constitution, to count the Electoral votes. In March, 1866, the Houses adopted a concurrent resolution declaring that no Senator or Representative should be admitted into either branch of Congress from any of the eleven States then considered in rebellion, until Congress should have declared such State entitled to such representation, and this resolution President Johnson was not asked to approve.

340. The Committee System.-Experience has proved it to be impossible for a large legislative assembly to do business efficiently without some interior organization whereby a few directing minds shall be charged with the preparation and conduct of business, either in whole or in part. This necessity has been met by different legislatures in different ways; but Congress has met it by the appointment of Standing Committees, so called because they are constituted according to the rules of the two Houses, and because they continue in charge of the same general subjects for a whole Congress, or a period of two years. The Senate committees are immediately chosen by the Senators voting by ballot, but the elections are practically controlled by party caucuses; the House committees are appointed by the Speaker. In either case the man first named on the committee is its chairman. The Senate committees consist of from two to thirteen members each; the House committees, of from three to seventeen. The committees originate some measures, and to them bills that are introduced by members are referred on their second reading, the particular committee designated being determined by the nature of the subject. Except that it may be instructed by vote 13 Dallas, 378.

of the House to which it belongs, a committee does what it pleases with the bills referred to it, reporting them back as introduced, reporting them back with amendments, or, in most cases, paying no attention to them whatever. The committee may hear the author of a bill on its merits; it may take evidence relative to the matter, or listen to arguments from citizens who are especially interested in it; it examines the subject in its own way, and declares its mind by the vote of its members. Frequently the bills that are reported back from committees are largely or wholly made over. The rules are so constructed as to place a certain amount of time each session at the disposal of each committee. There are also Special Committees, appointed like the regular ones, whose existence expires on the performance of their special duties. In May, 1892, the Senate had fortyfour standing committees ; the House, fifty. Necessarily some members' names appear on several committee lists. In both Houses, and particularly in the Lower one, the several committees exercise great power over the course of legislation. This is especially true of the Committee on Rules, which often decides practically whether the House of Representatives shall consider a subject or not. The Speaker, who appoints the committees, and is always a member of the Committees on Rules, is clothed with an enormous influence over law-making that lies wholly outside the pale of the Constitution and the laws. 1

1 Mr. Bryce, pointing out the evils of the Committee system, says: "Since the practical work of shaping legislation is done in committees, the interest of members centers there, and they care less about the proceedings of the whole body. It is as a committeeman that a member does his real work. In fact, the House has become not so much a legislative assembly as a huge panel from which committees are selected. Except in exciting times, when large questions have to be settled, the bulk of real business is done, not in the great hall of the House, but in this labyrinth of committee rooms and the lobbies that surround them." Vol. I., pp. 159-161. (1894.)

Prof. A. B. Hart observes: "The powers now exercised by the Speaker will probably be exercised by each succeeding Speaker, and will somewhat increase. Since the legislative department in every republic constantly tends to gain power at the expense of the executive, the Speaker is likely to become, and perhaps is already, more powerful, both for good and for evil, than the President of the United States." - Practical Essays on American Government, p. 19. See also Woodrow Wilson, Congressional Government.

CHAPTER XXV.

THE GENERAL POWERS OF CONGRESS.

ARTICLE I.

The preceding sections constitute the two Houses of Congress and define some of their separate powers. We come now to a particular enumeration of what are called the general powers of Congress. Section 8 of Article I. is second in importance to no other section of the Constitution; its eighteen clauses are the engine that drives the whole machinery of the Government, and without them that machinery would never have moved. Professor Johnson has well said: "The most solid and excellent work done by the Convention was its statement of the powers of Congress (in section 8 of Article I.), and its definition of the sphere of the Federal judiciary (in Article III)." The several clauses of the section all depend upon the declaration, "The Congress shall have power."

I. TAXATION.

Section 2, Clause 3.-Representatives and direct taxes shall be apportioned among the several States which may be included within this union, according to their respective numbers, which shall be determined, etc.

Section 8, Clause 1.-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.

341. Necessity of this Power.-The National taxing power is very comprehensive, and properly stands at the head of the list of powers granted to Congress. Revenue is the life-blood of government. "Without the possession of this power," says Justice Story, "the Consti

tution would have long since, like the Confederation, dwindled down to an empty pageant. It would have become an unreal mockery, deluding our hopes and exciting our fears. It would have flitted before us a moment, with a pale and imperfect light, and then have departed forever to the land of shadows."

2

342. Kinds of Taxes.-A tax is a regular pecuniary charge imposed by government upon the people for its own support. Capricious and arbitrary levies imposed by a conqueror or tyrant are not proper taxes. The Constitution makes two kinds of taxes, direct and indirect, although the second term is not used.1 The Supreme Court has decided that direct taxes are limited to poll or capitation taxes and taxes on land. All other taxes, or indirect taxes, are collectively called duties, imposts, and excises without discrimination. Direct taxes, like Representatives, are apportioned among the States according to their respective numbers of population (Article I., section 2, clause 3); indirect taxes must be uniform throughout the Union. 1820 the Supreme Court decided that the power of Congress to levy and collect taxes is coextensive with the National territory, but that it is optional with Congress to extend the laws imposing them over the Territories and District of Columbia.3

In

343. Direct Taxes.-Such taxes have proved to be much less important than was anticipated in 1787. The tax-gatherer is never a welcome visitor, and least of all when he pries closely into people's private affairs. Taxes on consumption, as on imports collected at a seaport, or on liquors, tobacco, etc., collected at the place of manufacture, have proved more consonant with popular feeling than taxes paid at the citizen's own door. Consequently, Con

1 Writers on Political Economy, in distinguishing between direct and indirect taxes, do not draw the line where the Constitution draws it. As defined by them, a direct tax is one paid by the person on whom it is assessed, while an indirect tax is immediately paid by one person but ultimately paid by another.

2 Springer v. The United States, 102 U. S. 586. See paragraph 346. 3 Loughborough v. Blake, 5 Wheaton, 317.