Constitution of the United States/Art. I/Sec. 7/Clause 3 Process

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Constitutional Law Treatise
Table of Contents
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Constitutional Law Outline
The Preamble
Article I Legislative Branch
Art. I, Section 1 Legislative Vesting Clause
Art. I, Section 2 House of Representatives
Art. I, Section 3 Senate
Art. I, Section 4 Congress
Art. I, Section 5 Proceedings
Art. I, Section 6 Rights and Disabilities
Art. I, Section 7 Legislation
Art. I, Section 8 Enumerated Powers
Art. I, Section 9 Powers Denied Congress
Art. I, Section 10 Powers Denied States
Article II Executive Branch
Art. II, Section 1 Function and Selection
Art. II, Section 2 Powers
Art. II, Section 3 Duties
Art. II, Section 4 Impeachment
Article III Judicial Branch
Art. III, Section 1 Vesting Clause
Art. III, Section 2 Justiciability
Art. III, Section 3 Treason
Article IV Relationships Between the States
Art. IV, Section 1 Full Faith and Credit Clause
Art. IV, Section 2 Interstate Comity
Art. IV, Section 3 New States and Federal Property
Art. IV, Section 4 Republican Form of Government
Article V Amending the Constitution
Article VI Supreme Law
Article VII Ratification
First Amendment Fundamental Freedoms
Second Amendment Right to Bear Arms
Third Amendment Quartering Soldiers
Fourth Amendment Searches and Seizures
Fifth Amendment Rights of Persons
Sixth Amendment Rights in Criminal Prosecutions
Seventh Amendment Civil Trial Rights
Eighth Amendment Cruel and Unusual Punishment
Ninth Amendment Unenumerated Rights
Tenth Amendment Rights Reserved to the States and the People
Eleventh Amendment Suits Against States
Twelfth Amendment Election of President
Thirteenth Amendment Abolition of Slavery
Thirteenth Amend., Section 1 Prohibition on Slavery and Involuntary Servitude
Thirteenth Amend., Section 2 Enforcement
Fourteenth Amendment Equal Protection and Other Rights
Fourteenth Amend., Section 1 Rights
Fourteenth Amend., Section 2 Apportionment of Representation
Fourteenth Amend., Section 3 Disqualification from Holding Office
Fourteenth Amend., Section 4 Public Debt
Fourteenth Amend., Section 5 Enforcement
Fifteenth Amendment Right of Citizens to Vote
Fifteenth Amend., Section 1 Right to Vote
Fifteenth Amend., Section 2 Enforcement
Sixteenth Amendment Income Tax
Seventeenth Amendment Popular Election of Senators
Eighteenth Amendment Prohibition of Liquor
Eighteenth Amend., Section 1 Prohibition
Eighteenth Amend., Section 2 Enforcement of Prohibition
Eighteenth Amend., Section 3 Ratification Deadline
Nineteenth Amendment Women's Suffrage
Twentieth Amendment Presidential Term and Succession
Twentieth Amend., Section 1 Terms
Twentieth Amend., Section 2 Meetings of Congress
Twentieth Amend., Section 3 Succession
Twentieth Amend., Section 4 Congress and Presidential Succession
Twentieth Amend., Section 5 Effective Date
Twentieth Amend., Section 6 Ratification
Twenty-First Amendment Repeal of Prohibition
Twenty-First Amend., Section 1 Repeal of Eighteenth Amendment
Twenty-First Amend., Section 2 Importation, Transportation, and Sale of Liquor
Twenty-First Amend., Section 3 Ratification Deadline
Twenty-Second Amendment Presidential Term Limits
Twenty-Second Amend., Section 1 Limit
Twenty-Second Amend., Section 2 Ratification Deadline
Twenty-Third Amendment District of Columbia Electors
Twenty-Third Amend., Section 1 Electors
Twenty-Third Amend., Section 2 Enforcement
Twenty-Fourth Amendment Abolition of Poll Tax
Twenty-Fourth Amend., Section 1 Poll Tax
Twenty-Fourth Amend., Section 2 Enforcement
Twenty-Fifth Amendment Presidential Vacancy
Twenty-Fifth Amend., Section 1 Presidential Vacancy
Twenty-Fifth Amend., Section 2 Vice President Vacancy
Twenty-Fifth Amend., Section 3 Declaration by President
Twenty-Fifth Amend., Section 4 Declaration by Vice President and Others
Twenty-Sixth Amendment Reduction of Voting Age
Twenty-Sixth Amend., Section 1 Eighteen Years of Age
Twenty-Sixth Amend., Section 2 Enforcement
Twenty-Seventh Amendment Congressional Compensation

Article I Legislative Branch

Section 7 Legislation

Clause 3 Process

Clause Text
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 repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Presentation of Senate or House Resolutions[edit | edit source]

Article I, Section 7, Clause 3 requires presentation to the President of all orders, resolutions, or votes in which both Houses of Congress must concur. This provision is sometimes called the Orders, Resolutions, and Votes Clause (ORV Clause) and, together with Article I, Section 7, Clause 2, forms part of the Presentment Clause.[1] Some sources from the Founding and the early years of the Republic suggest that the Framers included the ORV Clause to prevent Congress from evading the veto clause by designating as something other than a bill measures intended to take effect as laws.[2]

If construed literally, the ORV Clause could have significantly slowed the legislative process by requiring presentment to the President of various intermediate matters. However, Congress has interpreted the Clause to limit its practical burden. At the request of the Senate, the Judiciary Committee in 1897 published a comprehensive report detailing how the Clause had been interpreted over the years. The report showed that the word "necessary" in the Clause had come to refer to necessity for law-making--that is, an order, resolution, or vote must be approved by both Chambers and presented to the President if it is to have the force of law. By contrast, "votes" taken in either House preliminary to the final passage of legislation need not be submitted to the other House or to the President, nor must concurrent resolutions merely expressing the views or "sense" of the Congress.[3]

The ORV Clause expressly excepts only adjournment resolutions and makes no explicit reference to resolutions proposing constitutional amendments. However, beginning with the Bill of Rights, congressional practice has been that resolutions proposing constitutional amendments need not be presented to the President for veto or approval. In Hollingsworth v. Virginia, the Court rejected a challenge to the validity of the Eleventh Amendment based on the assertion that it had not been presented to the President.[4] Subsequent cases cite Hollingsworth for the proposition that presentation of constitutional amendment resolutions is not required.[5]

  1. Article I, Section 7, Clause 2 requires presentment to the President of bills approved by both houses of Congress. See Art. I, Sec. 7, Cl. 2: Overview of Presidential Approval or Veto of Bills. One Supreme Court case discusses both provisions of the Presentment Clause together. INS v. Chadha, 462 U.S. 919 (1983). For additional discussion of Chadha, see Art. I, Sec. 7, Cl. 2: Legislative Veto.
  2. See 2 Records of the Federal Convention of 1787, at 301-02, 304-05 (Max Farrand ed., 1937); 2 Joseph Story, Commentaries on the Constitution of the United States § 889, at 335 (1833). Recent scholarship presents a different possible explanation for the ORV Clause--that it was designed to authorize delegation of lawmaking power to a single House, subject to presentment, veto, and possible two-House veto override. Seth Barrett Tillman, A Textualist Defense of Article I, Section 7, Clause 3: Why Hollingsworth v. Virginia was Rightly Decided, and Why INS v. Chadha was Wrongly Reasoned, 83 Tex. L. Rev. 1265 (2005).
  3. S. Rep. No. 1335, 54th Cong. (1896); 4 Hinds' Precedents of the House of Representatives § 3483 (1907).
  4. 3 U.S. (3 Dall.) 378 (1798).
  5. Although Hollingsworth did not necessarily so hold, see Seth Barrett Tillman, A Textualist Defense of Article I, Section 7, Clause 3: Why Hollingsworth v. Virginia was Rightly Decided, and Why INS v. Chadha was Wrongly Reasoned, 83 Tex. L. Rev. 1265 (2005), the Court has reaffirmed this interpretation. See Hawke v. Smith, 253 U.S. 221, 229 (1920) (In Hollingsworth "this court settled that the submission of a constitutional amendment did not require the action of the President."); INS v. Chadha, 462 U.S. 919, 955 n.21 (1983) (In Hollingsworth the Court "held Presidential approval was unnecessary for a proposed constitutional amendment.").