Understanding The Constitution: Section 7 Powers

Article I, Section 7 of the Constitution outlines the lawmaking process, including the roles of Congress and the President. It is comprised of three clauses: the Origination Clause, the Presentment Clause, and the Presentment of Resolutions Clause. Article VII or Article 7, on the other hand, pertains to the ratification of the Constitution, specifying the number of states required for its establishment.

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The Origination Clause

The typical Origination Clause challenge involves a federal law that requires a person to pay a particular sum, often in the form of a tax. The challenger alleges that this bill was one for raising revenue and that the action of the Senate is what gave the bill its revenue-raising character. However, the Origination Clause only refers to bills that levy taxes in the strict sense of the word, and not to bills for other purposes that may incidentally create revenue. For example, in the 1911 case of Flint v. Stone Tracy Company, the Court held that a Senate-initiated bill that provided for a monetary "special assessment" to pay into a crime victims fund did not violate the clause because it was a statute that created and raised revenue to support a particular governmental program.

The Presentment Clause

Article I, Section 7 of the United States Constitution outlines federal legislative procedure by which bills originating in Congress become federal law in the United States. The second clause of this section, the Presentment Clause, requires all laws to be presented to the President for their signature or veto. This clause provides that a bill can become a law only if, after passage by both Houses of Congress, it is presented to the President. The President then has ten days (excluding Sundays) to either sign the bill into law or reject the bill and return it to Congress with an explanation of their objections. If the bill is not returned by the President within ten days, it automatically becomes law.

The third and final clause of Article I, Section 7, known as the Presentment of Resolutions Clause, concerns the presentment of orders, resolutions, and any issues other than bills. This clause was appended to prevent Congress from circumventing the presentment process by fashioning a bill as a "resolution" or "order". It states that any issue requiring the concurrence of the House and the Senate—whatever that issue happens to be called—must be presented to the President. However, not all issues require presentment, and the Clause explicitly exempts questions of adjournment and congressionally proposed amendments to the Constitution.

The Presentment of Resolutions Clause

Article I, Section 7 of the United States Constitution outlines the rules governing how Congress makes laws. It comprises three clauses: the Origination Clause, the Presentment Clause, and the Presentment of Resolutions Clause (also known as the Order, Resolution, and Vote (ORV) Clause).

This clause was historically understood as a safeguard against Congress attempting to disguise a bill as a resolution, thereby evading the requirement for presidential approval. However, in the early 21st century, legal scholar Seth Barrett Tillman challenged this interpretation. His work suggested that the Presentment of Resolutions Clause had a different original intent, prompting a re-evaluation of its role in the legislative process.

While the specific interpretation of the Presentment of Resolutions Clause has evolved, its overall purpose remains to ensure thorough deliberation on new legislation. This clause, along with the Origination and Presentment Clauses, establishes a lawmaking process that encourages careful consideration of any proposed laws.

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The ratification process

Article VII, or Article 7, of the United States Constitution outlines the process by which the Constitution was ratified and became effective between the ratifying states. This article played a crucial role in the establishment of the United States as a constitutional republic.

The first state to ratify the Constitution was Delaware, which did so on December 7, 1787. By June 1788, nine states had ratified the document: New Hampshire became the ninth state to ratify on June 21, 1788. The Constitution went into effect on March 4, 1789, when the new government was inaugurated. It took two and a half years for all of the states to ratify the Constitution.

The ratification of the Constitution was not without opposition. The Anti-Federalists, a group opposed to the Constitution, argued that it gave too much power to the central government and threatened individual liberties. They also believed that it lacked a bill of rights. In response, the Federalists, supporters of the Constitution, agreed to add a Bill of Rights, which includes the first ten amendments, and was ratified by the states in 1791.

Presidential approval or veto of bills

Article I, Section 7 of the US Constitution outlines the rules governing how Congress makes laws. It is comprised of three clauses: the Origination Clause, the Presentment Clause, and the Presentment of Resolutions Clause.

The first clause, the Origination Clause, stipulates that all bills for raising revenue must originate in the House of Representatives. This clause is derived from an English parliamentary practice that required all money bills to have their first reading in the House of Commons. The framers of the US Constitution adopted this practice, intending to confer the "power of the purse" on the legislative body most responsive to the people, which was the House of Representatives.

The second clause, the Presentment Clause, mandates that all laws must be presented to the President for approval or veto, also known as presidential presentment. This clause ensures that every bill that has passed through the House of Representatives and the Senate must be presented to the President of the United States for approval. If the President approves, they sign the bill into law. However, if the President does not approve, they must return the bill, along with their objections, to the House in which it originated. That House will then enter the objections into their journal and reconsider the bill. If, after reconsideration, two-thirds of that House still agree to pass the bill, it will be sent to the other House, along with the objections. If two-thirds of that House also approve, the bill will become a law, despite the President's veto. Additionally, if a bill is not returned by the President within ten days (Sundays excepted), it will become a law as if the President had signed it, unless Congress adjourns before the ten days have passed.

The third clause, the Presentment of Resolutions Clause, or the Order, Resolution, and Vote (ORV) Clause, prevents Congress from circumventing the Presentment Clause. This clause requires that any order, resolution, or vote that necessitates the concurrence of the Senate and the House of Representatives must be presented to the President for approval or veto, just like a bill.

Article VII, often referred to as Article 7, of the US Constitution, on the other hand, outlines the process by which the Constitution was ratified and became effective. It states that the ratification of the conventions of nine states would be sufficient for the establishment of the Constitution among those states. This article played a crucial role in establishing the United States as a constitutional republic, requiring the approval of nine out of thirteen states, a supermajority, for the Constitution to take effect.

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