Comment
The founding fathers
made it clear that:
"'Every'
resolution to which concurrence of the Senate and House of
Representatives may be necessary 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."
This is not a matter
of inconvenience to the passage of Joint Resolutions
proposing Amendments to the U.S. Constitution.
Nowhere can it be found in the record of the Constitutional
Convention that Joint Resolutions proposing Amendments to
the U.S. Constitution were to be excluded from this
requirement.
There is always the
possibility that the position of the President of the
United States may have an influence upon the Members of Congress
to which some of the Members may reconsider their vote.
The votes cast to overturn a Veto of the President may be
less than the original two-thirds votes that were cast on the
proposed Amendment. Again we see the Justices of
the U.S. Supreme Court interfering with the other
two branches of government for the purpose of
obtaining a political objective to their liking.
With recent rulings
of the U.S. Supreme Court that the question of ratification of
Constitutional Amendments are Political Questions to the Federal
Courts, this case must be regarded as "dictum"
which has no force of law.
The Joint Resolution
proposing the U.S. Constitution, 14th Amendment was
not submitted to the President of the United States for his approbation.
Gordon Epperly
