The preamble simply consists of statements, some of which are assumed,
while the resolution is merely a declaration of opinion. It comprises no
legislation, nor does it confer any power which is binding upon the
respective Houses, the Executive, or the States. It does not admit to
their seats in Congress the Senators and Representatives from the State
of Tennessee, for, notwithstanding the passage of the resolution, each
House, in the exercise of the constitutional right to judge for itself
of the elections, returns, and qualifications of its members, may, at
its discretion, admit them or continue to exclude them. If a joint
resolution of this kind were necessary and binding as a condition
precedent to the admission of members of Congress, it would happen, in
the event of a veto by the Executive, that Senators and Representatives
could only be admitted to the halls of legislation by a two-thirds vote
of each of the Houses.
Among other reasons recited in the preamble for the declaration
contained in the resolution is the ratification by the State government
of Tennessee of "the amendment to the Constitution of the United States
abolishing slavery, also the amendment proposed by the Thirty-ninth
Congress.
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