Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/351

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CH. XIII.]
PRESIDENT'S NEGATIVE.
343

of some discussion. A learned commentator supposes, that every bill, which indirectly or consequentially may raise revenue, is, within the sense of the constitution, a revenue bill. He therefore thinks, that the bills for establishing the post-office, and the mint, and regulating the value of foreign coin, belong to this class, and ought not to have originated (as in fact they did) in the senate.[1] But the practical construction of the constitution has been against his opinion. And, indeed, the history of the origin of the power, already suggested, abundantly proves, that it has been confined to bills to levy*taxes in the strict sense of the words, and has not been understood to extend to bills for other purposes, which may incidentally create revenue.[2] No one supposes, that a bill to sell any of the public lands, or to sell public stock, is a bill to raise revenue, in the sense of the constitution. Much less would a bill be so deemed, which merely regulated the value of foreign or domestic coins, or authorized a discharge of insolvent debtors upon assignments of their estates to the United States, giving a priority of payment to the United States in cases of insolvency, although all of them might incidentally bring revenue into the treasury.

§ 878. The next clause respects the power of the president to approve, and negative laws. In the convention there does not seem to have been much diversity of opinion on the subject of the propriety of giving to the president a negative on the laws. The principal points of discussion seem to have been, whether the negative should be absolute, or qualified; and if the latter, by what number of each house the bill should be subsequently passed, in order to become a law; and
  1. 1 Tucker's Black. Comm. App. 261, and note.
  2. See 2 Elliot's Debates, 283, 284.