Our Country
A Household History of the United States for All Readers — Benson J. Lossing

The National Constitution: House and Senators

Volume III · Supplement · Part 3 of 13

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and Disqualification to hold and enjoy any Office of Honor, Trust, or Profit under the United States: but the party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment, and Punishment, according to Law.(This was a modification of the British Constitution, giving greater exclusive jurisdiction to the National Judiciary. In Great Britain, the House of Commons accuses, and the House of Lords (answering to our Senate) tries the offender. The latter is also invested with power to punish in every form known to the laws, by ordering the infliction of fines, imprisonments, forfeiture of goods, banishment, and death.

Elections of Senators and Representatives.

SECTION 4. 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 places of chousing Senators. (This provision was to prevent the mischief that might arise at a time of intense party excitement, when the very existence of the National Congress might be at the mercy of the State Legislatures. The place of choosing the Senators is where the State Legislature shall be in session at the time.

Meeting of Congress.

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.(This secured an annual meeting of the National Legislature beyond the control of State legislation. The second, or last session of every Congress, expires at twelve o'clock at noon on the 4th of March.)

Organization of Congress.

SECTION 5. Each House shall be the Judge of the Elections, Returns, and Qualifications of its own Members, 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.

Rules of proceeding.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

Journal of Congress.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same,(The object is to preserve, for the use of the sovereign people, and make public for their benefit, every act of Congress.) excepting such Parts as may in their Judgment require Secrecy; (There are occasions when the public good requires secret legislation, and a withholding from the people a knowledge of measures discussed and adopted in Congress, as in a time of war, of insurrection, or of very important diplomatic negotiations.) and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. (The object of this is to make a permanent record of the votes of members, so that the constituents of each may know their action on important questions. It is a salutary regulation.)

Adjournment of Congress.

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. (This is to prevent a majority, in either House, from interrupting, for more than three days, the legislation of Congress.)

Compensation and privileges of members.

SECTION 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.(Formerly the members were paid a certain amount per day, with a specified amount for each mile traveled in going to and returning from the National capital. The present compensation is a fixed sum for each Congress, with mileage.) They shall in all cases, except Treason, Felony, 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; and for any Speech or Debate in either House, they shall not be questioned in any other place.(This was to prevent the interruption of their duties, during the session of Congress, and to give them perfect freedom of speech.)

Plurality of offices prohibited.

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; and no Person holding any office under the United States, shall be a Member of either House during his Continuance in office.(This serves as a check to the increase of the power of the executive over the legislative department of the Government, by the means of appointment to office. It prevents wide-spread political corruption. A person holding an office, when elected to Congress, is compelled to resign it before he can take his seat.)

Bills, how originated.

SECTION 7. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.(The members of the House of Representatives are more immediately elected by the people, and are supposed to better understand the wishes and wants of their constituents, than those of, the Senate. The Senate, being the representative of the equality of the States, stands as a check to legislation that might impose too heavy taxation on the smaller States.)

How bills become laws.

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