Summary

Charles Evans Hughes Smiley v. Holm — Opinion of the Court

Respondent urges that the fact that the words 'by law' are found in the clause relating to the action of the Congress, and not in the clause giving authority to the state Legislature, supports the contention that the latter was not to act in the exercise of the lawmaking power. We think that the inference is strongly to the contrary. It is the nature of the function that makes the phrase 'by law' apposite. That is the same whether it is performed by state or national Legislature, and the use of the phrase places the intent of the whole provision in a strong light.
Source: Wikisource

Charles Evans Hughes Smiley v. Holm — Opinion of the Court

We find no suggestion in the federal constitutional provision of an attempt to endow the Legislature of the state with power to enact laws in any manner other than that in which the Constitution of the state has provided that laws shall be enacted. Whether the Governor of the state, through the veto power, shall have a part in the making of state laws, is a matter of state polity. Article 1, § 4, of the Federal Constitution, neither requires nor excludes such participation.
Source: Wikisource

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