DEPARTMENTS OF GOVERNMENT go. The Constitution itself is our ample foundation. LEGISLATIVE. The legislative was first provided for. Article i, section i, says: "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Represen tatives." Thus it follows that all federal legislative power is exclusively vested in the "Senate and House of Representatives." While acting within its constitutional limita tions Congress is only restrained by the dis approval of the President, which can only be overcome by "two thirds" of each branch . If a bill is held by the President for ten days (Sundays excepted), it becomes a law without his approval, unless Congress pre vents its return by adjournment. After providing for the manner in which these bodies shall be constituted, the quali fication of the members, their organization and procedure, the first affirmative power conferred is found in section 7 : " All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose or concur with amendments, as on other bills." It is significant that the first power con ferred was the fundamental and vital power of taxation, and that its originating was expressly confined to the body that directly represents the people to be taxed. Section 8 confers seventeen distinct affirm ative powers upon "the Congress," and closes with the comprehensive grant of power "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof." Section 9 contains eight limitations upon the powers of "the Congress." Further affirmative powers are conferred upon the Congress in three instances in Article II,
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relating to the executive; in four instances in Article III, relating to the judiciary, and two in Article IV. Nearly five eighths of the Constitution is devoted to affirming and limiting the legislative power. The first eight amendments are practically limita tions of legislative power, and section i of the Fourteenth Amendment contains most important limitations upon State legislative power. This extreme care in establishing the legislative landmarks shows the impor tance attached to that department by the builders; and their belief in the necessity of guarding against its abuse. It is in har mony with their declared purpose. Morris "concurred in thinking the public liberty in greater danger from legislative usurpation than from any other source." . . . (Jour nal Con. Convention, Madison, Scott ed., 401). "Mr. Wilson, after viewing the subject with all the coolness and attention possible, was most apprehensive of a dis solution of the Government from the Legis lature swallowing up all the other powers." (Id., 536.) Hamilton said : "We have seen that the tendency of republican governments is to an aggrandizement of the legislative at the expense of the other departments." (Federalist, 316.) That the stern and inex orable logic of events has amply demon strated that without the controlling force of a written Constitution, these forebodings would appear to have been too well founded, is beyond question true. The formulating of these specific provi sions to been forced by an authoritative judicial tribunal was the highest manifesta tion of the wisdom which so fully character ized that great convention. Thus did it "make assurance doubly sure and take a bond of fate." It is doubtful if they realized the potentiality of the Constitution in repressing legislative ebullitions inspired by popular clamor based upon ephemeral excitement or unreasoning prejudice. It constitutes the essential difference between a democracy and a mobocracy, and there is no tyranny and oppression so unen
