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[4] In an ordinary court, the verdict of the jury must be unanimous. To require similar agreement in this case would be to make it next to impossible ever to convict. To allow a bare majority to convict would be to place too little protection over a public officer.
[5] But for this provision abuses of power might occur in times of political excitement and strife. The question which the Senate settles is simply whether, in view of the evidence, the accused is or is not worthy to hold public office.
[6] This provision was inserted to prevent an official who had been deposed for crime from pleading the principle that "No one can be twice tried and punished for the same offense."
WRITTEN EXERCISE.
COMPARATIVE TABULATION.
POINTS CONSIDERED. HOUSE OF R. SENATE
Number...............................................
Age Qualifications......Citizens.h.i.+p......................
Inhabitancy Election.............................................
Term.................................................
Vacancy..............................................
Presiding Officer t.i.tle.............................
How Chosen........................
Sole Powers..........................................
_Debate._
Resolved, That United States Senators should be elected by the people.
_Pertinent Questions._
Name the present senators from this state. When were they elected? Were they elected to fill a vacancy or for a full term? How many times has each been elected?
How many more senators has New York that Rhode Island? How many members in the present Senate? How many in each cla.s.s? When the next state is admitted, in what cla.s.ses will its senators be placed? How will the cla.s.s of each be decided?
Why not have senators chosen for life?
If one of our senators should resign today, to whom would the resignation be addressed? How would the vacancy be filled? How long would the appointee serve? Could the governor appoint himself?
How long at least must an alien live in the United States before being eligible to the Senate? Has anyone ever been refused admission, after being duly elected, on account of shortness of citizens.h.i.+p?
Who is now vice-president? Who is president _pro tempore_ of the Senate?
Why is it not correct under any circ.u.mstances to speak of the president _pro tempore_ as vice-president?
Has the vice-president's vote ever helped to carry any measures of great importance?
If every senator be "present," what number of senators would it take to convict? Does the accused continue to perform his official duties during the trial? Was President Johnson impeached? Is there any appeal from the Senate's verdict? How do senators vote in cases of impeachment? How is judgment p.r.o.nounced?
What punishments follow conviction on impeachment in other countries?
What is treason? Bribery? What are crimes? High crimes? Misdemeanors?
How is an impeachment trial conducted? (See appendix.)
SECTION IV.--ELECTIONS AND MEETINGS.
_Clause 1.--Elections to Congress._
_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,[1] except as to the place of choosing senators.[2]_
[1] Until 1842 these matters were left entirely with the several states.
Congress then provided that representatives should be elected by districts of contiguous territory, equal to the number of representatives. It has since provided that elections for representatives shall be by ballot, and that the election shall be on the first Tuesday after the first Monday of November in the even numbered years.
The time and mode of electing senators are given on page 333.
[2] This would in effect be giving congress power to locate the capital of a state.
_Clause 2.--Meetings._
_The congress shall a.s.semble 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._
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 const.i.tution for annual meetings, the duty could not be evaded.
Extra sessions of congress may be called at any time by the president or be provided by law. There used to be three sessions, one beginning March 4.
The _place_ of meeting is not named, because the capital had not been located, and in some cases it might be desirable to hold the session elsewhere.
SECTION V. SEPARATE POWERS AND DUTIES.
_Clause 1. Members.h.i.+p: Quorum._
_Each house shall be the judge of the elections, returns and qualifications of its own members,[1] and a majority of each shall const.i.tute a quorum to do business;[2] 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]_
[1] This means simply that each house has the power to determine who are ent.i.tled to members.h.i.+p 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.
[1] 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.
[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 special messenger.
When fewer than fifteen members are present, they usually adjourn.
_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]_
[1] The 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.)
