United States v. Weil
United States Court of Claims
The Reporters’ statement of the case: Only one of many grounds of demurrer were considered in this case, the constitutionality of an act approved by the President after an adjournment of Congress. The other grounds were considered and disposed of in the preceding case of La Abra Silver Mining Company. 1. The approval of a bill passed by the two Houses of Congress is a legislative function.
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The Reporters’ statement of the case: Only one of many grounds of demurrer were considered in this case, the constitutionality of an act approved by the President after an adjournment of Congress. The other grounds were considered and disposed of in the preceding case of La Abra Silver Mining Company. 1. The approval of a bill passed by the two Houses of Congress is a legislative function. The President is for that purpose a component part of the lawmaking power, and it is only when Congress is in session can a legislative act be performed. (See Cooley's Con. Lim., marginal page 153; Fowler…
1Opinion of the CourtNott, J.
This case involves three questions of constitutional law.
The jurisdiction of the court is derived from a special act of Congress, and the defendants contend that the statute is unconstitutional and void.
The first objection goes to the President’s approval of the act and raises the question whether the bill ever became a law. It originated in the Senate and passed the House of Representatives on the 14th December, 1892. On the 15th it was signed by the Speaker and the President of the Senate.
*526On the 20th it was laid before the President. The ten days (Sundays excepted) within which he might…
2Cases cited3 opinions
- Mrs. Alexander's CottonSupreme Court of the United States · 1865
- Gordon v. United StatesSupreme Court of the United States · 1871
- In re ZellnerSupreme Court of the United States · 1871
3Cited by11 opinions
- United States v. KapsalisCourt of Appeals for the Seventh Circuit · 1954
- Eber Bros. Wine & Liquor Corporation v. The United StatesUnited States Court of Claims · 1964
- State v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1915
- Nationsbank of Texas, N.A. v. United StatesCourt of Appeals for the Federal Circuit · 2001
- Romer v. Colorado General AssemblySupreme Court of Colorado · 1992
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