Legal Opinion

Gardner v. Collector

Supreme Court of the United States

Decided March 30, 1868PublishedCited by 104 opinions

Error to the Circuit Court for the Southern District of New York. The Constitution of the United States says, under the legislative head, as follows: “Every bill which shall have passed the House of Representatives and the Senate shall, before it becomes a law, be presented to the President of the United States; if he approve he shall sign it, but if not, he shall return it, with his objections, to that House in which it shall have originated. ...

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Error to the Circuit Court for the Southern District of New York. The Constitution of the United States says, under the legislative head, as follows: “Every bill which shall have passed the House of Representatives and the Senate shall, before it becomes a law, be presented to the President of the United States; if he approve he shall sign it, but if not, he shall return it, with his objections, to that House in which it shall have originated. ... If any bill shall not be returned by the President within ten days (Sunday excepted) after it shall have been presented to him, the same shall be a…

1Opinion of the CourtJustice Miller

The date of the President’s approval of the bill is undoubtedly the date at which it became a law, if it ever did. In the volume of the statutes now before us, published in 1863, the approval is dated December 24th [1861], but the figures 1861 are in brackets, by which it is understood that no such figures are found in the original enrolled act on file in the Department of State. And it is conceded that on inspection, the roll shows on the face of the bill no other date for the approval of the President than the day of the month already stated.

It is not denied that the President’s signature…

2Cases cited1 opinion

  1. De Bow v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by104 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Mills v. GreenSupreme Court of the United States · 1895
  3. Field v. ClarkSupreme Court of the United States · 1892
  4. Chastleton Corp. v. SinclairSupreme Court of the United States · 1924
  5. United States v. BallinSupreme Court of the United States · 1892

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