They have not by law appointed a different day. "Annual meetings of the legislature have long been deemed, both in England and America, a great security to liberty and justice." By making provision in the constitution for annual meetings, the duty could not be evaded. 1 Extra sessions of congress or of either house may be called at any time by the president or be provided by law. Shortly after the civil war congress by law provided for three regular sessions, one beginning March 4 following the election. But after a few congresses this plan was abandoned. SECTION V.-SEPARATE POWERS AND DUTIES. Clause 1.-Membership: Quorum. Each house shall be the judge of the elections, returns and qualifications of its own members,1 and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide.3 1This means simply that each house has the power to determine who are entitled to membership in it. This has long been recognized in free countries as a right belonging to a legislative body, necessary to the maintenance of its independence and purity-even its existence. But when the parties are nearly balanced, the majority is tempted to seat its fellow-partizan. 2 This is the number usually established as a quorum for a deliberative body. Certainly no smaller number should have a right to transact business, for that would give too much power to an active minority. And to require more than a majority, would make it possible for a minority to prevent legislation. After the first day of the session a quorum is assumed to be present unless the question is raised by a member. 3 Under the rules no member has a right to be absent from a session unless excused or sick. Unexcused absentees, unless sick, may be arrested and brought to the capitol by the sergeant-at-arms or a deputy. Clause 2.-Discipline. Each house may determine the rules of its proceedings,1 punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member.2 2 1The rules are intended to facilitate business, by preventing confusion and unnecessary delay. They are designed also to check undue haste. The rules of each house are based upon the English parliamentary practice, as are the rules of all legislative or deliberative bodies wherever the English language is spoken. See "Manuals" of Senate and House. 2 It seems unlikely that even in times of great excitement two-thirds of either house would favor expulsion unless it were deserved. This is also, it will be observed, the number necessary to convict in case of impeachment. Clause 3.-Publicity. .2 Each house shall keep a journal of its proceedings, and, from time to time, publish the same,1 excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house, shall at the desire of one-fifth of those present, be entered on the journal.1 1This is to give publicity to the proceedings of con gress, for the benefit of both legislators and constituents. This provision is a valuable one, in spite of the fact that demagogues are sometimes able thereby to gain cheap glory. To give still further publicity to the proceedings, spectators and newspaper reporters are admitted to the gallery of each house, and members may have their speeches printed and distributed. 2 The House of Representatives rarely has a secret session. But the Senate still keeps its executive sessions secret. 4 For methods of voting see page 344. The purpose of this provision is to make members careful how they vote, for the record is preserved. It will be noticed that the number necessary to secure the record is small. While this provision is intended to protect the minority, by enabling them to impose responsibility upon the majority, it is open to abuse. It is sometimes used by a minority to delay unnecessarily the proper transaction of business. (For a graphic account of "filibustering," see Among the Law Makers, 165-173.) Clause 4.-Adjournment. Neither house, during the session of congress, shall without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. The purpose of this provision is evident. The sessions of congress may end in any one of three ways: 1. The terms of representatives may end. 2. The houses may agree to adjourn. |