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[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._
_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;[2] and the yeas and nays[3] of the members of either house, shall at the desire of one-fifth of those present, be entered on the journal.[4]_
[1] This is to give publicity to the proceedings of congress, for the benefit of both legislators and const.i.tuents. 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.
[3] For methods of voting see page 314.
[4] 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.
[Ill.u.s.tration: SENATE CHAMBER]
[Ill.u.s.tration: HOUSE OF REPRESENTATIVES]
[Ill.u.s.tration: STATE, WAR AND NAVY DEPARTMENTS.]
[Ill.u.s.tration: INTERIOR DEPARTMENT]
3. In case of disagreement between the houses as to the time of adjournment, the president may adjourn them. (This contingency has never yet arisen, however.)
SECTION VI. MEMBERS.
_Clause 1.--Privileges._
_The senators and representatives shall receive a compensation for the services,[1] to be ascertained by law,[2] and paid out of the treasury of the United States.[3] They shall in all cases except treason,[4]
felony,[4] and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same;[5] and for any speech or debate in either house, they shall not be questioned in any other place.[6]_
[1] See discussion in connection with state legislature, p. 85.
[2] The salary of congressmen is, therefore, fixed by themselves, subject only to the approval of the president. It is now $5000 a year, and mileage. The speaker receives $8000 a year and mileage. The president _pro tempore_ of the Senate receives the same while serving as president of the Senate.
[3] They are serving the United States.
[4] Defined on pages 158 and 211.
[5] So that their const.i.tuents may not for frivolous or sinister reasons be deprived of representation.
[6] That is, he cannot be sued for slander in a court of justice, but he can be checked by his house, if necessary, and the offensive matter omitted from the Record.
The purpose of this provision is not to s.h.i.+eld cowards in speaking ill of persons who do not deserve reproach, but to protect right-minded members in exposing iniquity, no matter how the doers of it may be intrenched in wealth or power.
_Clause 2.--Restrictions._
_No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time;[1] and no person holding any office under the United States shall be a member of either house during his continuance in office.[2]_
[1] The obvious purpose of this provision is to remove from members of congress the temptation to create offices with large salaries for their own benefit, or to increase for a similar reason the salaries of offices already existing. It was designed also to secure congress from undue influence on the part of the president.
The wisdom of the provision has, however, been seriously questioned. "As there is a degree of depravity in mankind, which requires a certain degree of circ.u.mspection and distrust, so there are other qualities in human nature, which justify a certain portion of esteem and confidence.
Republican government presupposes the existence of these qualities in a higher form, than any other. It might well be deemed harsh to disqualify an individual from any office, clearly required by the exigencies of the country, simply because he had done his duty.... The chances of receiving an appointment to a new office are not so many, or so enticing, as to bewilder many minds; and if they are, the aberrations from duty are so easily traced, that they rarely, if ever, escape the public reproaches.
And if influence is to be exerted by the executive, for improper purposes, it will be quite as easy, and its operation less seen, and less suspected, to give the stipulated patronage in another form." [Footnote: Judge Story.]
[2] This was to obviate state jealousy, to allay the fears entertained by some that the general government would obtain undue influence in the national councils.
TABULAR VIEW.
Each pupil may make out a tabulation, giving briefly the facts called for in this outline:
I. CONGRESSIONAL ELECTIONS, HOW REGULATED.
II. SESSIONS OF CONGRESS-- 1. Frequency.
2. Time of beginning.
III. POWERS AND DUTIES OF EACH HOUSE-- 1. Members.h.i.+p.
2. Quorum.
3. Discipline.
4. Publicity.
5. Adjournment.
IV. MEMBERS OF CONGRESS-- 1. Privileges.
2. Restrictions.
_Debate._
Resolved, That members of the cabinet should have seats in congress _ex officio._
_Pertinent Questions._
Why not leave the power to regulate congressional elections unreservedly with the states? Where are the United States senators from this state elected?
