Studies in Civics Part 22

How are United States senators elected? See appendix.

Is congress now in session? Will the next session be the long or the short one? When, within your recollection, was there an "extra session" of congress? Could the president convene one house without the other? Which is the longest session of congress on record? Does congress meet too often?

Where does congress now meet? Is that the best place? At what different places has congress met since the adoption of the const.i.tution?

If two persons should claim the same seat in the House of Representatives, who would decide between them? How would the contest be carried on? (See page 330.) Has there ever been a "contested" election from this state?

What number of representatives is the least that could transact business?

The least number of senators? The least number of representatives that could possibly pa.s.s a bill? Of senators? What is done if at any time during the proceedings it is found that there is "no quorum present?"

Has a member ever been expelled from either house? May either house punish for disorder persons who are not members? Can either house temporarily set aside all of its rules?

Did you ever see a copy of the Congressional Record? If congress be now in session, make a weekly report of its proceedings. How could you see congress in session? Could you be a spectator at a committee meeting? How could you witness an "executive session" of the Senate?

Can a member be punished for an offense committed before he was elected?

How is voting usually done in a deliberative a.s.sembly? How in Congress?

How are territories represented in congress?

Distinguish between the "capital" and the "capitol" of the United States.

Who has power to locate the capital of the United States?

Has the salary of congressmen ever been more than $5000 a year? How were congressmen paid under the confederation?

What is meant by the House resolving itself into a _committee of the whole?_

When does the freedom from arrest of a member of congress begin? When does it end? Could a summons be served upon him during that time?

What is slander? Libel? Is a member of congress liable for the publication of his speech in the Congressional Record? Would he be responsible if he should have it published in any other than the official way?

Can a member of congress resign to accept an office already in existence, and whose emoluments have not been increased during his term? Give examples. If a United States officer be elected to congress, how long can he retain his office? Could a member of congress be appointed to a _military_ office created during his term? Can a member be appointed _after his term is out_ to an office created during his term?

Is a member of congress an officer of the United States?

SECTION VII.--LAW MAKING.

_Clause 1.--Revenue Bills._

_All bills for raising revenue[1] shall originate in the House of Representatives;[2] but the Senate may propose or concur with amendments, as on other bills.[3]_

[1] That is, bills in relation to the levying of taxes or for bringing money into the treasury in any other way.

[2] Because the representatives are nearer to the people, who must pay the taxes, and can therefore be more readily held to account.

[3] Such bills in England originate in the House of Commons, and the House of Lords has no power of amendment.

The purpose of giving the Senate power to amend is to preserve the due influence of the small states in this important matter.

_Clause 2.--Mode of Making Laws._

_Every bill which shall have pa.s.sed the House of Representatives and the Senate,[1] shall, before it becomes a law, be presented to the president of the United States;[2] if he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pa.s.s the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be considered, and, if approved by two-thirds of that house, it shall become a law.[3] But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house, respectively.[4] If any bill shall not he returned by the president within ten days (Sundays excepted) after it shall have been presented to him, the same shall he a law, in like manner as if he had signed it,[5] unless the congress, by their adjournment, prevent its return, in which case it shall not be a law.[6] [1] Or the Senate and House of Representatives, since any bills except those for raising revenue may originate in either house.

[2] The two great purposes of giving the president a negative upon legislative acts, are to protect the proper authority of the executive from the encroachments of the congress, and to interpose a stay on hasty legislation.

[3] The veto of the Roman Tribune was final, as is that of almost every European sovereign today. _But no British king or queen has vetoed an act of Parliament in the last hundred and eighty years._ In Norway, if a bill, vetoed by the king, pa.s.ses three successive Storthings, it becomes a law.

[4] To secure a permanent record for future reference. This helps to render members careful how they vote.

[5] This gives due time for consideration, but prevents the president's killing a bill by ignoring or neglecting it.

[6] Thus congress (which has the very human failing of "putting off" or postponing) cannot break down the veto power of the president, by pouring an avalanche of bills upon him within the last few days of the session.

But the president can easily kill any bill which he does not like, if it is presented within ten days of the adjournment of congress, simply by keeping it. This is called "pocketing" a bill, or "the pocket veto."

_Clause 3.--Joint Resolutions._

_Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment), shall be presented to the president of the United States; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repa.s.sed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill._

The purpose of this provision is to prevent congress from pa.s.sing a law under some other name.

The resolution to adjourn is excepted, because, as we have seen, the time for adjournment is generally a matter of agreement between the houses.

A resolution pa.s.sed by the two houses, but not intended to have the force of law, such as an agreement to do something, is called a concurrent resolution, and does not require the president's signature.

_Pertinent Questions._

What is a "bill?" What is meant by entering the objections "at large?" Why is there no committee of ways and means in the Senate?

How many members in each house does it take for the first pa.s.sage of a bill? How many after the president's veto? Does the expression two-thirds refer to the entire number in a house, or to the number voting?

State three ways in which a bill may become a law. Five ways in which it may fail.

During what time has the president the equivalent of an absolute veto?

Does a resolution merely expressing an _opinion_ of either or both houses need the president's signature? Does a resolution proposing an amendment to the const.i.tution?

Is the president bound to enforce a law pa.s.sed over his veto?

_A Summary._

"We have now completed the review of the structure and organization of the legislative department; and it has been shown that it is admirably adapted for a wholesome and upright exercise of the powers confided to it. All the checks which human ingenuity has been able to devise, or at least all which, with reference to our habits, our inst.i.tutions, and our diversities of local interests, to give perfect operation to the machinery, to adjust its movements, to prevent its eccentricities, and to balance its forces: all these have been introduced, with singular skill, ingenuity and wisdom, into the arrangements. Yet, after all, the fabric may fall; for the work of man is perishable. Nay, it must fall, if there be not that vital spirit in the people, which alone can nourish, sustain and direct all its movements. If ever the day shall arrive, in which the best talents and the best virtues, shall be driven from office by intrigue or corruption, by the denunciations of the press or by the persecution of party factions, legislation will cease to be national. It will be wise by accident, and bad by system." [Footnote: Story's Exposition of the Const.i.tution of the United States.]

_Review._

Compare the organization of congress under the const.i.tution with that of congress under the confederation. Show the superiority of our present organization. Specify some of the "checks" referred to by Judge Story.