But to authorize
the Senate to enter on such a task in its legislative or executive
capacity the inquiry must actually grow out of and tend to some
legislative or executive action, and the decision, when expressed,
must take the form of some appropriate legislative or executive act.
The resolution in question was introduced, discussed, and passed not as
a joint but as a separate resolution. It asserts no legislative power,
proposes no legislative action, and neither possesses the form nor any
of the attributes of a legislative measure. It does not appear to have
been entertained or passed with any view or expectation of its issuing
in a law or joint resolution, or in the repeal of any law or joint
resolution, or in any other legislative action.
Whilst wanting both the form and substance of a legislative measure,
it is equally manifest that the resolution was not justified by any
of the executive powers conferred on the Senate. These powers relate
exclusively to the consideration of treaties and nominations to office,
and they are exercised in secret session and with closed doors. This
resolution does not apply to any treaty or nomination, and was passed
in a public session.
Pages:
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174