Emendation

“ If all your respective emendations are taken, the alterations in the Services will be extensive; and though each will gain something he wishes, he will lose more from those alterations which he did not wish. ”

“ That a bad feature in government, becomes more and more fixed every day. 3. That frequent changes of a constitution, even if practicable, ought not to be wished, but avoided as much as possible. And 4. That in the present case, it may be questionable, whether, after the particular advantages of its operation shall be discerned, three fourths of the States can be induced to amend. ...
I should now conclude this letter, which is already too long, were it not incumbent on me, from having contended for amendments, to set forth the particulars, which I conceive to require correction. ”

“ When we say that the assent of the crown to a bill makes it law, we mean that the assent, being never given until all the other conditions are fulfilled, makes up the sum of the conditions, though no one now regards it as the principal one. When the decision of a legislative assembly has been determined by the casting vote of the chairman, we sometimes say that this one person was the cause of all the effects which resulted from the enactment. ”

“ Notes 1 Article V of the Constitution provides:
'The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress ”

“ I. In construing any act of legislation, whether a statute enacted by the legislature or a constitution established by the people as the supreme law of the land, regard is to be had not only to all parts of the act itself, and of any former act of the same lawmaking power of which the act in question is an amendment, but also to the condition and to the history [p654] of the law as previously existing, and in the light of which the new act must be read and interpreted. ”

“ In what particulars these corrections and amendments were made, we are not very distinctly informed. The only change which was made in the preamble, was by striking out the word "to," before the words "establish justice;" and the probability is, that no other change was made in any of the articles, except such as would make "the report of the committee of revision" "correspond with the articles agreed to by the house." ”

“ When the Chairman thinks it has been modified to suit the wishes of the assembly, he inquires: “Are you ready for the question?” If no one wishes to speak, he puts the question: “As many as are in favor of adopting the constitution as amended will say aye;” and then, “As many as are opposed will say no.” He distinctly announces the result of the vote, which should always be done. If the articles of the constitution are subdivided into sections or paragraphs, then the amendments should be made by sections or paragraphs, instead of by articles. ”

“ The National Constituent Assembly declares that the nation has the imprescriptible right to change its constitution: nevertheless, considering that it is more conformable to the national interests to make use of the right only to reform, by the means provided in the constitution itself, the articles of which experience shall have made the inconveniences felt, decrees that it shall proceed by an assembly of revision in the following form. ”

“ No bill, resolution, order, or vote, partaking of the nature of a law, can be adopted without their concurring assent: so that each house has a veto on the other, in all matters of legislation. In the executive they are differently blended. ”

“ No amendment shall be admissible without the consent of the Government. If the joint committee fails to agree on a common text, or if the text is not passed as provided in the foregoing paragraph, the Government may, after a further reading by the National Assembly and by the Senate, ask the National Assembly to reach a final decision. ”

“ In my opinion, any amendment of the Constitution, purporting to be made under the power given by the Constituent Assembly, which would be a violation of, or be inconsistent with, any fundamental principle so declared, is necessarily outside the scope of the power and invalid and void. ”

“ While to amend means strictly to put into a better or more perfect form, to change or modify in any way, be it for better or worse, is called an amendment; therefore amendments may be used as a means of defeating a proposition by making it so different from what the mover originally intended—as making praise out of censure or by so changing it that friends of the original question may be forced to vote against the motion in its amended form. ”

“ We are unhappy in not having your remarks upon the reasoning of that great man; and, until it is confuted, we shall remain of the opinion, that the fundamentals of the constitution being excepted from the commission of the Legislators, none of the acts or doings of the General Assembly, however deliberate and solemn, could avail to change them, if the people have not, in very express terms, given them the power to do it ”

“ The words 'in the manner provided' had been substituted for 'as provided.' So it was apparent that Congress by the amendment had narrowed the meaning. There is no such special legislative history here. ”

“ He knew it was sometimes a practice, after a bill had been read the second time, and was referred to be shaped and formed by free discussion in Committee of the Whole, a member would rise to amend the bill by striking out the first section, declaring, at the same time, that he made the motion for the purpose of destroying the bill—a mere law fiction, under color of detail and amendment, to contest the original principle and destroy the bill. Without doubt the commencement of the business is the regular stage to contest the principle. ”

“ Article third, dividing the legislature into two distinct bodies, a House of Representatives and Senate, with a mutual negative in all cases, and to meet on a fixed day — Motion to confine the negative to legislative acts — Disagreed to — Motion to strike out the clauses giving a mutual negative — Agreed to — Motion to add that a different day of meeting may be appointed by law — Agreed to — Motion to give the executive an absolute negative on the legislature — Disagreed to. ”

“ If it is moved to strike out a paragraph, then a new principle is involved, because inasmuch as the whole paragraph is to be struck out there will be nothing left upon which to ingraft an amendment, and if struck out it cannot be restored in whole or in part, or if the motion to strike out is rejected the assembly has really adopted the paragraph and it cannot be amended ”

“ It must be recollected, sir, that we have repeatedly admitted the right of the Legislature to change, alter, modify, and amend the judiciary system, so as best to promote the interests of the people. We only contend that you shall not exceed or contravene the authority by which you act. But, say gentlemen, you forced this new office on the district judges, and this is in effect a new appointment. ”

“ Why, sir, they have prayed the House to assume the jurisdiction. From this petition the subject was referred to a committee, and this committee have reported a bill, and a bill well discussed and well matured in its detail. To refuse this bill from a diversity of sentiment, would be to insult the committee, and to insult the people of the Territory. If the gentleman wishes to please the people, why does he not suffer the consideration of the bill to proceed, and afford his aid in making it what he supposes their desires would concur in? Perhaps the gentleman has not read the bill. ”

“ The last act, is the one by which the nominee receives his authority, and it would seem to be a just construction that the authority which appoints and empowers should have the right to withdraw its commission. ”

“ Those who look for the rule of action which is to govern term, seek it no longer in the code which has been abrogated, and, having effected its temporary purpose, has become obsolete and null, but in that which has the sanction of their own legislature. ”

“ Before any bill passed by the Senate and House of Representatives 'becomes a law,' it must 'be presented to the governor of the state,' and if he returns it, within the time stated, without his approval, the bill may become a law provided it is reconsidered and thereupon passed by each house by a two-thirds vote. ”

“ They exercise all the usual legislative, with some executive and judicial powers, subject, however, to a single restriction. Every law passed must be submitted for ratification to the general assembly. ”

“ In the Assembly, or Legislature, an act called an Enabling Statute was introduced, which proposed to put before the voters the question whether they should choose for State-wide prohibition or not, and upon the verdict thus rendered it was to be returned to the Legislature at its next session for its final action, on the principle of the Initial and Referendum. ”

“ If Congressional determination that an amendment has been completed and become a part of the Constitution is final and removed from examination by the courts, as the Court's present opinion recognizes, surely the steps leading to that condition must be subject to the scrutiny, control and appraisal of none save the Congress, the body having exclusive power to make that final determination. ”

“ In the construction of the Act of Congress of July 30th, 1846, as in that of every other statute, one cardinal rule must govern, and it is this; that wherever the will or intention of the lawmaking power is declared in plain and unequivocal terms, that will or intention must be followed-absolutely followed. ”

“ Many of the States have revised their public acts with great and manifest benefit, and I recommend that provision be made by law for the appointment of a commission to revise the public statutes of the United States, arranging them in order, supplying deficiencies, correcting incongruities, simplifying their language, and reporting them to Congress for its action. ”

“ I do not ask for this concession—that human nature is just and absolutely honest. But I am fair when I say that the nature of man is capable of virtue where there is even a temptation, and that the defects in this system will be removed. The appellate jurisdiction might be corrected, as to matters of fact, by the exceptions and regulations of Congress, but certainly will be removed by the amendatory provision in the instrument itself ”

“ That the legislative authority hereinafter provided shall have power by due enactment to amend, alter, modify, or repeal any law or ordinance, civil or criminal, continued in force by this act, as it may from time to time see fit. ”

“ If the general voice of the people be for an increase, it undoubtedly must take place. They have it in their power to instruct their representatives; and the state legislatures, which appoint the senators, may enjoin it also upon them. Sir, if I believed that the number would remain at sixty-five, I confess I should give my vote for an amendment, though in a different form from the one proposed. ”

“ General words indicate and affirm a general intent, and if the fact that different sections are differently affected is enough to make a law local, the field of legislation would be narrowed beyond anything that Congress could have dreamed. ”

“ AT the interval of about a generation from the passing of the first Reform Act, by a sort of universal consent the Legislature is about to employ itself in enacting a second- This determination has been adopted in circumstances strikingly contrasted with those by which it is usual for constitutional changes to be ushered in, and, at least immediately, brought about. ”

“ What individual Senators or Representatives may have urged in debate, in regard to the meaning to be given to a proposed constitutional amendment, or bill, or resolution, does not furnish a firm ground for its proper construction, nor is it important as explanatory of the grounds upon which the members voted in adopting it. ”

“ If the three propositions are correct: that the public sentiment is substantially unanimous that we should act; that the necessity for action exists; and that the power of Congress is admitted,— the only question left is, what Congress ought to do specifically; in other words, what kind of an act should Congress pass. The committee has reported a bill which is the best judgment that the committee had upon the subject. ”

“ The Congressional purpose is similarly set out in the House Judiciary Committee's Report: 'The amendment to subsection (n) in fact construes, interprets, and clarifies both subsections (n) and (o) of section 75. ”

“ In deciding the first the court did not hold, as counsel suppose, that Congress, under the Constitution, has absolute and exclusive power to determine whether an act of legislation is or is not necessary and proper as a means for carrying into effect one or more of its enumerated powers. ”

“ If it be penned, that the King enacts with the Assent of the Lords, or with the Assent of the Commons, it is not an Act of Parliament, for the Record of the Act expressing which of them gave their Assent, excludeth all Intendments that any other gave their Assent. ”

“ The report of the Senate Committee significantly states the reason for the change: 'This provision in the bill as it passed the House of Representatives appears to present a constitutional question.' S.Rep. ”

“ A motion to commit or recommit may be amended by substituting one committee for another, by altering the numbers, or by instructions.
41. In form, an amendment may be made by: (1) Inserting or adding certain words; (2) striking out certain words; (3) striking out certain words, and inserting or adding others.
42. An amendment may be amended, but an amendment to an amendment cannot be amended. 43. An amendment to an amendment must be decided first.
44. A vote either adopting or rejecting an amendment cannot afterward be altered, except to reconsider. ”