Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/363

 CH. XIII.] negative, if he might silently decline to act after a bill was presented to him for approval or rejection. The constitution, therefore, has wisely provided, that "if any bill shall not be returned by the president within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law, in like manner, as if he had signed it." But if this clause stood alone, congress might, in like manner, defeat the due exercise of his qualified negative by a termination of the session, which would render it impossible for the president to return the bill. It is therefore added, "unless the congress, by their adjournment, prevent its return, in which case it shall not be a law."

§ 889. The remaining clause merely applies to orders, resolutions, and votes, to which the concurrence of both houses may be necessary; and as to these, with a single exception, the same rule is applied, as is by the preceding clause applied to bills. If this provision had not been made, congress, by adopting the form of an order or resolution, instead of a bill, might have effectually defeated the president's qualified negative in all the most important portions of legislation.

§ 890. It has been remarked by De Lolme, that in most of the ancient free states, the share of the people in the business of legislation was to approve or reject the propositions, which were made to them, and to give the final sanction to the laws. The functions of those persons, or in general, those bodies, who were entrusted with the executive power, was to prepare and frame