CHAPTER VII.

ORGANIZATION OF THE LEGISLATIVE DEPARTMENT.

ARTICLE I.

A Congress of Two Houses.--Section i. _All legislative powers,

herein granted, shall be vested in a Congress of the United States,

which shall consist of a Senate and House of Representatives_.

In the Constitutional Convention, the Pennsylvania delegates were the

only ones who objected to the formation of a legislative body having two

houses. It was believed that with two houses one would be a check upon

the other, and that there would be less danger of hasty and oppressive

legislation. Another reason for the formation of a congress having two

houses was that the colonists were familiar with this kind of

legislature. It existed in all of the States, Pennsylvania and Georgia

excepted.

Term of Members and Qualifications of Electors.--Section 2, Clause

1. _The House of Representatives shall be composed of members chosen

every second year by the people of the several States, and the electors

in each State shall have the qualifications requisite for electors of

the most numerous branch of the State legislature_.

A short term for representatives was agreed upon, for it was the design

to make them dependent on the will of the people. The question

frequently arises, therefore, ought representatives to be compelled to

receive instructions from those who elect them? May we not agree that

our legislation would often be more efficient if the welfare of the

nation were considered, rather than what seems, for the moment, to be

only the concern of a district or even, a State? Securing the best

interests of all may mean at times, also, the sacrifice of mere party

principles.

Who May Vote for Representatives.--By the words _people_ and

_electors_ is meant voters. With the desire to make the House of

Representatives the more popular branch, it was decided to grant the

right of voting for a representative to any person who might be

privileged to vote for a member of the lower house of the legislature of

his State. The freedom of a State to determine what these qualifications

are is limited only by the provisions of the Fifteenth Amendment:--

Amendment XV. _The right of citizens of the United States to vote shall

not be denied or abridged by the United States, or by any State, on

account of race, color, or previous condition of servitude_.

This amendment was proposed by Congress in February, 1869, and was

declared in force, March 30, 1870. It was for the purpose of granting

more complete political rights to the negroes, recently declared, by

Amendment XIV, to be citizens.

Method and Time of Choosing Representatives.--The Constitution

prescribes that representatives shall be elected by the people.

Congress has provided that representatives shall be chosen on the

Tuesday next after the first Monday in November of the even-numbered

years.[11] Congress has also decreed that representatives shall be

chosen by districts; but the State legislature has complete control of

the districting of its State. However, Congress has declared that these

districts shall be composed of contiguous territory, and contain, as

nearly as practicable, an equal number of inhabitants. Now, usage has

defined territory to be contiguous when it touches another portion of

the district at any one point. As a result of this questionable

interpretation, some States have been divided into districts of

fantastic shapes, to promote the interests of the party having the

majority in the State legislature.[12]

[Footnote 11: The only exceptions to this rule are: Maine holds its

election on the second Monday in September, and Vermont on the first

Tuesday in November.]

[Footnote 12: This process is called "gerrymandering." See, also,

"Government in State and Nation," pp. 135, 136.]

Proportional Representation.--Proportional representation,

which is coming into favor in these days, would doubtless do much

toward remedying this abuse. According to the present system of

electing representatives by districts, large minorities of voters

are not represented. Numerous plans of "Proportional

Representation" have been advocated. One such plan is in operation

in Illinois[13] for the election of members to the State house of

representatives. Each district elects three members on a general

ticket. The voter may give one vote to each candidate, or one and a

half votes to each of two candidates, or three votes to a single

candidate. Therefore, the minority, by concentrating their votes on

one candidate, may elect a representative to the legislature, when

under the district system they would not be represented.

[Footnote 13: On proportional representation, read "Government in State

and Nation," pp. 14, 15.]

Qualifications of Representatives.--Section 2, Clause 2. _No

person shall be a representative who shall not have attained to the age

of twenty-five years, and been seven years a citizen of the United

States, and who shall not, when elected, be an inhabitant of that State

in which he shall be chosen._

In the original States there was great diversity of qualifications for

members of the lower houses of their legislatures. But some uniform

system was necessary for the National organization, and so the few

simple requirements of this clause were introduced. It is understood,

however, that the States may not add other qualifications. While a

representative must be an inhabitant of the State in which he is chosen,

he need not, so far as the Constitution requires, be an inhabitant of

the district. But the instances have been few in which a member of the

House has not been also an inhabitant of the district which he

represents. According to the English system of representation, a member

of the House of Commons frequently represents a borough or county in an

entirely different part of the kingdom from that of which he is an

inhabitant.

May the House refuse to admit a person duly elected and possessing

the necessary qualifications? This question arose in the 56th

Congress, in the case of Brigham Roberts of Utah. He was finally

excluded.

Present System of Apportioning Representatives.--Section 2 of

Amendment XIV contains the rule of apportionment that is now in

operation. This became a part of the Constitution, July 28, 1868.

_Representatives shall be apportioned among the several States

according to their respective numbers, counting the whole number of

persons in each State, excluding Indians not taxed. But when the right

to vote at any election for the choice of electors for President and

Vice-President of the United States, representatives in Congress, the

executive and judicial officers of a State, or the members of the

legislature thereof, is denied to any of the male inhabitants of such

State, being twenty-one years of age, and citizens of the United States,

or in any way abridged, except for participation in rebellion or other

crime, the basis of representation therein shall be reduced in the

proportion which the number of such male citizens shall bear to the

whole number of male citizens twenty-one years of age in such State_.

The second sentence of this section was framed in the belief that the

States, rather than lose a portion of their representatives in Congress,

would grant the right of suffrage to negroes already declared to be

citizens. But proportional reduction of representatives was never put

into practical operation, for before the next apportionment of

representatives, Amendment XV became a part of the Constitution, and

negro suffrage was put on the same basis as white. However, the

enforcement of Section 2 of Amendment XIV has been strongly urged in our

own time. This is because it is estimated that many thousands have been

disfranchised through the restrictions on the right of suffrage found in

several of our State constitutions. Some require an educational test and

others a property qualification for voting.

The "Indians not taxed" doubtless refers to those Indians who still

maintain their tribal relations or who live on reservations in the

several States. Their member, according to the census of 1910, was

129,518.

Early Apportionment.--The number of representatives to which each

of the States was originally entitled is given in Section 2, Clause 3,

of the article we are now considering as follows:--

_Representatives and direct taxes shall be apportioned among the several

States which may be included within this Union, according to their

respective numbers, which shall be determined by adding to the whole

number of free persons, including those bound to service for a term of

years, and excluding Indians not taxed, three-fifths of all other

persons. The actual enumeration shall be made within three years after

the first meeting of the Congress of the United States, and within every

subsequent term of ten years, in such manner as they shall by law

direct. The number of representatives shall not exceed one for every

thirty thousand, but each State shall have at least one representative;

and until such enumeration shall be made, the State of New Hampshire

shall be entitled to choose three, Massachusetts eight, Rhode Island and

Providence Plantations one, Connecticut five, New York six, New Jersey

four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten,

North Carolina five, South Carolina five, and Georgia three_.

The three-fifths rule was rendered void by the adoption of Amendment

XIII, which abolished slavery, since there were no longer the "other

persons." That part of the clause which provides for the laying of

direct taxes is still in force.

The Census.--In order to carry out the provision of the

Constitution, an "actual enumeration" was made in 1790. Since that date

there has been a census every ten years. The taking of the census and

the compilation and publication of the statistics connected with it are

under the supervision of the director of the census. Work on the

thirteenth census was begun April 15, 1910, and required some 65,000

enumerators, 3500 clerks, and 1800 special agents. The cost was some

$12,000,000. The most important volumes found in the report are those on

population,[14] manufactures, and agriculture. The taking of the census

will, in the future, be more economical and efficient because of the

establishment of the permanent census bureau by an act of Congress in

1902.

[Footnote 14: The population of the United States, according to the

first census, was 3,929,214. The population in 1910 was 91,972,266;

including the possessions and dependencies, 101,000,000.]

Ratio of Representation.--The Constitution provided that there

should be 65 members in the first House of Representatives. After

the first census, Congress agreed that there should be one

representative for each 33,000 of the population. This gave a house

with 105 representatives. From that time the ratio of

representation has been changed every ten years. Otherwise, with

the rapid increase in population, the House would soon become too

large. The ratio adopted by the act of 1911 was one representative

to 211,877 people.[15] After March 4, 1913, therefore, there will

be at least 433 members, an increase of 42.[16]

[Footnote 15: For the method of apportionment, see "Government in State

and Nation," p. 128.]

[Footnote 16: The number of members in the English House of Commons is

670; in the French Chamber of Deputies, 584; and in the German

Reichstag, 396.]

Members from New States.--Should a new State be admitted after the

apportionment is made, its representatives are always additional to the

number provided for by law.

The Constitution provides that each State shall have at least one

representative. If this provision had not been made, the States of

Arizona, Delaware, Nevada, and Wyoming, each having a smaller

population than the ratio adopted in 1910, would not be represented.

Territorial Delegates.--The organized Territories are each entitled

to send a delegate to the House of Representatives. He is allowed to

speak on any question that has to do with his Territory, but may not

vote.

Vacancies.--Section 2, Clause 4. _When vacancies happen in the

representation from any State, the executive authority thereof shall

issue writs of election to fill such vacancies_.

When a vacancy occurs in the representation from any State on account of

death, expulsion, or for other cause, it is made the duty of the

governor of the State in which the vacancy exists to call for a special

election in that district to choose a representative for the remainder

of the term.

Officers.--Section 2, Clause 5. _The House of Representatives shall

choose their Speaker and other officers, and shall have the sole power

of impeachment_.

The speaker, who is the presiding officer, has always been a member of

the House, but the Constitution does not say that he _shall_ be. The

other officers are the clerk, sergeant-at-arms, doorkeeper, postmaster,

and chaplain, none of whom is a member of the House.

Number and Term of Office of Senators.--Section 3, Clause 1. _The

Senate of the United States shall be composed of two senators from each

State, elected by the people thereof, for six years; and each senator

shall have one vote. The electors in each State shall have the

qualifications requisite for electors of the most numerous branch of the

State legislature_.

As we have seen, the provision that there should be two senators from

each State was the result of a compromise. Consequently, New York and

Pennsylvania have the same number as Delaware and Nevada.[17] The term

of six years for senators was likewise a compromise measure. There were

members of the convention who favored three years; others wanted nine

years, and Hamilton desired that the term should be during good

behavior. Many States have practically lengthened the prescribed term by

the wise policy of returning acceptable senators for more than one term.

[Footnote 17: The Senate now contains 96 members; the English House of

Lords, 560; and the French Senate, 300.]

Prior to April 8, 1913, when the Seventeenth Amendment became a part of

the Constitution, through ratification by the requisite votes of

three-fourths of the State legislatures, senators were chosen by the

State legislatures. For years the demand for such an amendment was

insistent. More than two-thirds of the State legislatures had gone on

record in favor of such a reform. The House of Representatives had

passed such a resolution a number of times, but the requisite two-thirds

vote could not be secured in the Senate. The leading reasons for the

amendment were: the frequent deadlocks in the legislatures, thus

interrupting the course of regular legislation, and the use of bribery.

Classes of Senators and Vacancies.--Section 3, Clause 2.

_Immediately after they shall be assembled in consequence of the first

election, they shall be divided, as equally as may be, into three

classes. The seats of the senators of the first class shall be vacated

at the expiration of the second year; of the second class, at the

expiration of the fourth year; and of the third class, at the expiration

of the sixth year; so that one-third may be chosen every second year.

When vacancies happen in the representation of any State in the Senate,

the executive authority of such State shall issue writs of election to

fill such vacancies. Provided, that the legislature of any State may

empower the executive thereof to make temporary appointments until the

people fill the vacancies by election as the legislature may direct_.

_This amendment shall not be so construed as to affect the election or

term of any senator chosen before it becomes valid as part of the

Constitution_.

This provision makes the Senate a permanent body, since only one-third

of the members go out of office every two years. In the first session of

the first Congress, the senators were divided into three classes. It has

been the custom to place the senators from new States in different

classes. This is done in order to preserve, so far as possible, the

equality of numbers in each class. Besides, a State is thus enabled to

keep one man of experience in the Senate. When a new State is admitted,

the senators from that State determine by lot, drawn in the presence of

the Senate, which classes they are to enter.

Qualifications of Senators.--Section 3, Clause 3. _No person shall

be a senator who shall not hove attained to the age of thirty years, and

been nine years a citizen of the United States, and who shall not, when

elected, be an inhabitant of that State from which he shall be chosen_.

The reasons for requiring different qualifications in senators from

those of representatives is expressed in "The Federalist" as follows:

"The propriety of these distinctions is explained by the nature of the

senatorial trust, which, requiring greater extent of information and

stability of character, requires at the same time that the senator

should have reached a period of life most likely to supply these

advantages." The attitude of Americans toward the Senate to-day differs

from that manifest during the first quarter century of our history. Has

the Senate degenerated is a question frequently asked. The presence in

that body of numerous millionaires has also excited unfavorable comment.

There have been two instances only in which senators have been

disqualified because of inadequate citizenship.

Times and Places for Electing Senators and

Representatives.--Section 4, Clause 1. _The times, places, and

manner of holding elections for senators and representatives shall be

prescribed in each State by the legislature thereof; but the Congress

may at any time, by law, make or alter such regulations, except as to

the place of choosing senators_.

It is desirable that Congress should have the _final_ authority in

providing for the election of its own members, because the very

existence of the Union might otherwise be left, at times, to the whims

of the State legislatures.

President of the Senate.--Section 3, Clause 4. _The Vice-President

of the United States shall be President of the Senate, but shall have no

vote unless they be equally divided_.

Other Officers.--Section 3, Clause 5. _The Senate shall choose

their other officers, and also a President pro tempore, in the absence

of the Vice-President, or when he shall exercise the office of President

of the United States_.

The Vice-President of the United States is the presiding officer of the

Senate. He cannot take part in debates, and has no vote unless there be

a tie. In marked contrast with the power of the speaker, he cannot name

the committees, and has no direct authority in legislation. Indeed, the

office is regarded as one of so little influence that it is sometimes

difficult to secure, as candidates for it, men of recognized prominence.

The other officers of the Senate are secretary, chief clerk,

sergeant-at-arms, chaplain, postmaster, librarian, and doorkeeper, none

of whom is a member of the Senate. It is desirable, in the absence of

the Vice-President, that the Senate should have a presiding officer. At

the opening of the session, therefore, that body chooses from its own

members a president _pro tempore_. He may vote on any question, but

cannot cast the deciding vote in case of a tie.

When Congress Meets.--Section 4, Clause 2. _The Congress shall

assemble at least once in every year, and such meeting shall be on the

first Monday in December, unless they shall by law appoint a different

day_.

As we have already seen, representatives are elected for a term of two

years. This period defines the length of a Congress. Representatives, as

we know, are chosen on the first Tuesday after the first Monday in

November. Now the term of office of a representative begins legally on

the fourth of March succeeding the time of his election.[18] The first

regular session of the Congress to which he was elected does not begin

until the first Monday of the following December, or thirteen months

after the election. It would seem desirable that the members should be

given an earlier opportunity to express themselves on the issues upon

which they have been chosen.

[Footnote 18: The limits of the 63d Congress will be March 4, 1913, to

March 4, 1915.]

Sessions of Congress.--Each Congress has two regular sessions. The

first is called the "long session," for its length is not determined by

a definite date of adjournment. It usually lasts until midsummer and may

not extend beyond the first Monday in December, the time fixed for the

beginning of the next session. The second, or "short session," cannot

extend beyond 12 M. of March 4, the time set for a new Congress to

begin. The President may convene Congress in special session.

Organization of Congress.--The first Monday in December of

each second year is a notable day in Washington, for the formal

opening of a new Congress is regarded as an important event. The

House of Representatives must go through the entire process of

organization. To the clerk of the preceding House are intrusted the

credentials of the members, and from these he makes out a list of

those who are shown to be regularly elected. At the hour of

assembly he calls the roll from this list, announces whether or not

a quorum is present, and states that the first business is to elect

a speaker. After his election the speaker takes the oath of office,

which is administered by the member who has had the longest service

in the House. The speaker then administers the oath to the members

by States. The election of the chief clerk and the other officers

follows, after which the House is said to be organized.

The Senate is a "continuing body," and no formal organization is

necessary. At the opening of a new Congress the Vice-President

calls the Senate to order and the other officers resume their

duties. After the president _pro tempore_ has been chosen, the

newly elected members are escorted to the desk in groups of four,

and the oath is administered by the president of the Senate. Each

house, when organized, notifies the other of the fact, and a joint

committee of the houses is appointed to wait upon the President and

inform him that quorums are present and are ready to receive any

communication he may desire to send.

The House of Representatives occupies a large hall in the south

wing of the capitol. The desks of the members are arranged in a

semicircle about that of the speaker, with the Republicans on his

left and the Democrats on his right. When a member gains the floor,

he speaks from his own desk or from the space in front of the

speaker's desk. Unless the question is one of importance, but

little attention is paid to the course of debate. Consequently a

visitor can hear only with great effort because of the constant din

produced by the shuffling of papers, clapping of hands for pages,

etc. The real work of Congress, as we shall see, is done in

committees. The Senate occupies a hall at the opposite end of the

capitol. It is, of course, much smaller than that occupied by the

House, but is similarly arranged. In general, the proceedings on

the floor of the Senate are conducted in a much more orderly manner

than is usual in the House.

* * * * *

SUPPLEMENTARY QUESTIONS AND REFERENCES.

1. What is the number of the present Congress? Give the dates for the

beginning and end of each session.

2. In the States which have woman suffrage, may women vote for

representatives?

3. It is not required by law that a representative shall reside in the

district that he represents, but it is an established custom. What are

its advantages and disadvantages? Compare with the English practice.

Bryce, American Commonwealth, I, Chapter 19.

4. Are the States which allow women the right to vote justified in the

enactment of their suffrage laws?

5. Ought Section 2, Amendment XIV, to be enforced? Rev. of R's,

22:273-275, 653, 654; 24:649-651; Forum, 31:225-230; 32:460-465; N. Am.

Rev., 168:285-296; 170:785-801; 175:534-543; Outlook, 69:751.

6. State the points of likeness and of difference between the House of

Representatives and the House of Commons. N. Am. Rev., 170:78-86.

7. Give the number of representatives to which your State is entitled.

Was the number increased in the last apportionment? How large is your

Congressional district? Population?

8. Compare the area of your district with that of other districts in

your State; also with the population of other districts. Compare the

number of votes cast for representative in your district with the number

cast in districts of other States in different sections of the country.

How do you account for the variation? See New York World Almanac.

9. Some interesting facts connected with the apportionment of 1901 are

given in the Forum, 30:568-577.

10. For the Reapportionment Law of 1901, see Outlook, 67:136.

11. For accounts of the methods by which a census is taken, see American

Census Methods, Forum, 30:109-119. Census of 1910, Rev. of R's,

41:589-596; 404, 405.

12. Who are some of the best-known representatives and senators? For

what reasons are they noted?

13. Who are the senators from your State? When was each elected?

14. Give the names of the speaker and of the president _pro tempore_.

15. Would you have voted for the Seventeenth Amendment? See Outlook,

67:559-604; 73:277-285; 386-392. For other references, see James and

Sanford, Government in State and Nation, p. 137.

Our Government: Local, State, and National: Idaho Edition · 第 4 / 7 章