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were put in their final form by the conference committee. It is a committee of great power and little responsibility.

Freedom of Debate. In the Senate, where more dignity is supposed to enter into the deliberations, freedom of debate is allowed. That is, any member may speak, and he may talk as long as he pleases,-even ten or fifteen hours at a time, as has been done in a few cases. In the House, however, the Speaker may "bottle up" a member, not letting him speak at all. Or the House may pass a motion limiting debate to five-minute speeches or shutting off debate altogether. Both methods are common.

Record. A complete record is kept of all the proceedings of each house of Congress, and entered upon its journal. Besides, the "Congressional Record" is published each day, for the benefit of the public at large; this is a verbatim report of all business transacted, showing what bills and resolutions have been introduced, by whom, and the debate on them. The votes are also shown, and, in those cases where one fifth of the members present so request, the name and vote of each member is given.

The Output of Legislation.-"Of the 1,881 statutes put on the statute-book from 1899 to 1901," says Hart, "1,498 are classified in the statutes as 'private,' 211 more are appropriations or other bills temporary in their nature, leaving only 172 measures which concern the permanent public service or interest." In the 50th Congress, lasting four hundred and twelve days, 570 public and 1,257 private acts were passed. In the 59th Congress, lasting three hundred days, 774 public and 6,249 private acts were passed.

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1 Hart, "Actual Government," p. 256.

Most of the private bills are private pension bills, many of them worthy enough, but hardly fit subjects for Congress to pass upon. They should be adjusted elsewhere. This would leave Congress more time for public business.

The great issues before the lawmakers of Congress involve the difficult questions of our tariff, our finances, our money and banking systems, the regulation of railways and other corporations and combinations of corporations, immigration, colonial problems, the army, the navy, and great international questions in world politics, involving the war and peace of nations. Laws on these and other questions are of course passed by the political party in power. These laws are therefore criticized by the other party, naturally, and should be so criticized. Hence it is difficult to find an independent judgment passed on the actual work of Congress. Foreign critics, however, usually agree that our Congress succeeds in enacting many laws of genuine importance to the welfare of our people.

QUESTIONS ON THE TEXT

1. What, according to Hart, are the two most powerful influences in Congress?

2. Explain fully the terms "long" and "short" session.

3. Classify the powers of Congress. Name ten powers of Congress. 4. Distinguish between implied and express powers.

Give an ex

ample of each. What is the extent of the implied powers? 5. What is the extent of the taxing power of Congress? In what different ways can it be used? How should it be used? 6. State the commerce clause of the Constitution. Define and illustrate 'commerce"; "interstate."

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7. What progress has Congress made in regulating commerce? 8. What territorial powers has Congress? What power over the colonies? Give an account of the Panama Canal Zone.

9. Give examples of the exercise of miscellaneous powers by Congress.

10. State and explain the chief prohibitions on Congress.

11. What prohibition on Congress concerning the "life, liberty, or property" of an individual? What is the significance of this provision?

12. What are some of the inherent difficulties in the process of lawmaking? What is the theory of the Constitution as to lawmaking? The process in practice?

13. Describe in full the committee system of Congress.

14. State six evils and three benefits of the committee system. 15. Summarize briefly the steps in lawmaking.

16. Compare freedom of debate in the two houses.

17. Where can we find a report of the proceedings of Congress? 18. Describe the output of legislation.

QUESTIONS SUGGESTED BY THE TEXT

1. Consult a Congressional Directory, and investigate: (a) Number and names of committees in each house in charge of expenditures; (b) Committees in charge of raising revenue. 2. What is the relation of the Secretary of the Treasury to Congress?

3. Give an account of the Federal Income Tax of 1894.

4. What are the two kinds of prohibitions on Congress? Illustrate. 5. Debate, Resolved, that our present committee system of Congress should be ended or amended.

REFERENCES

Bryce,

"American Commonwealth," Vol. I, Chs. 10-17.

Wilson, "Congressional Government."

McConachie, "Congressional Committees."

Bliss (editor), "Encyclopedia of Social Reform."

Lalor, "Cyclopedia."

Mitchell, "How a Law Is Made," North American Review, CLIX, 537-544.

Crisp, "How Congress Votes Money," North American Review, CLXII, 14-20.

See also References for last chapter.

CHAPTER XI

THE FEDERAL JUDICIARY

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"John Marshall . presided over the Supreme Court from 1801 till his death in 1835 at the age of seventy-seven, No other man did half so much either to develop the Constitution by expounding it, or to secure for the judiciary its rightful place in the government as the living voice of the Constitution. No one vindicated more strenuously the duty of the court to establish the authority of the fundamental law of the land, no one abstained more scrupulously from trespassing on the field of executive administration or political controversy. The admiration and respect which he and his colleagues won for the court remain its bulwark; the traditions which were formed under him and them have continued in general to guide the actions and elevate the sentiments of their successors. BRYCE, "American Commonwealth," Vol. I, p. 261.

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The Federal Courts. The weakest branch of our government was, at first, the judiciary. This was at the time when, as Alexander Johnston has said, "Almost every State in the Union in turn declared its own sovereignty and denounced as almost treasonable similar declarations in other cases by other States." Pennsylvania, for instance, in 1809, being offended at the Supreme Court in the Olmstead case, indorsed this resolution of her legislature: "Resolved, That in a government like that of the United States, where there are powers granted to the General Government, and rights reserved to the States, it is impossible, from the imperfections of language, so to define the limits of each, that difficulties should not sometimes arise from a collision of

powers; and it is to be lamented, that no provision is made in the Constitution for determining disputes between the General and State governments by an impartial tribunal, when such cases occur."

Among the eleven States disapproving of this strange and contradictory resolution was Virginia, whose general assembly ably defended the Supreme Court and replied in part as follows:

"The committee, to whom was referred the communication of the governor of Pennsylvania, covering certain resolutions of the legislature of that State, proposing an amendment to the Constitution of the United States, by the appointment of an impartial tribunal to decide disputes between the State and Federal judiciary, have had the same under their consideration, and are of opinion that a tribunal is already provided by the Constitution of the United States, to wit: the Supreme Court, more eminently qualified from their habits and duties, from the mode of their selection, and from the tenure of their offices, to decide the disputes aforesaid in an enlightened and impartial manner, than any other tribunal which could be erected.

"The members of the Supreme Court are selected from those in the United States who are most celebrated for virtue and legal learning; not at the will of a single individual, but by the concurrent wish of the President and Senate of the United States. They will therefore have no local prejudices and partialities.

"The duties they have performed lead them necessarily to the most enlarged and accurate acquaintance with the jurisdiction of the Federal and several State courts to

Govt. No. Dak.-9

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