PART III. UNITED STATES CIVIL GOVERNMENT CHAPTER XVIII CONGRESS We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to urselves and our posterity, do ordain and establish this Constitution for the United States of America. ARTICLE I Section 1.-1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. The House of Representatives Section 2.-1. The House of Representatives shall be composed of members chosen every second year by the people of the several states; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. [Electors are voters.*] 2. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers. [The remainder of this clause is omitted because it has been changed by the 14th amendment.] Apportionment of Representatives. After each census Congress must decide how many representatives there shall be and how many from each state. After the cen The explanation and references in parentheses are not portions of the Constitution of the United States. sus of 1900 Congress fixed the number of representatives at 386 and this was increased to 391 by the admission of Oklahoma with five representatives. After the census of 1910 Congress fixed the number (to go into effect March 4, 1913) at 435,* as follows: Nebraska, 6. New Hampshire, 2. North Carolina, 10. Pennsylvania, 36. Vermont, 2. Wyoming, 1. Method of Apportionment. Hereafter the method of apportioning Representatives will be as follows: After the federal census is taken the secretary of commerce and labor is required to divide the total population of the states by 430.* The quotient gives the ratio of apportionment; that is, the number of people necessary for one representative. The population of each state is then 7. Judgment in cases of impeachment shall not extend divided by this ratio and the state is allowed one representative for each full ratio and one for the remainder if it equals one-half or more of the ratio. Each state must have at last one representative. 4. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies. The bill making this apportionment is still pending in Congress (1911) and these figures may need to be revised. † When admitted. If a vacancy occurs in the representation of any state a special election is called by the governor. In June, 1908, Hon. W. H. Parker, one of the representatives from South Dakota, died. Governor Crawford called a special election to fill the vacancy in November, 1908, at the same time that the general election was held. Hon. Eben W. Martin was elected to fill the unexpired term, ending March 4, 1909. At the general election, held at the same time, Mr. Martin was elected to the 61st Congress, beginning March 4, 1909, and ending March 4, 1911. "A Congress" used in this sense means a twoyear term, beginning March 4 of an odd numbered year. The first Congress extended from March 4, 1789, to March 4, 1791. 5. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. [See Chapter IX.] The following persons have been impeached (accused) by the house of representatives and tried by the senate: John Pickering, U. S. Judge, found guilty, removed from office. James Peck, U. S. Judge, acquitted. W. W. Humphreys, U. S. Judge, found guilty, removed from office. W. W. Belknap, Secretary of War, acquitted. Charles Swayne, U. S. Judge, acquitted. William Blount, a senator from Tennesse, was also impeached by the House of Representatives but the Senate refused to try him on the grounds that a senator or representative is not subject to impeachment. The United States Senate. Section 3.-1. The Senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote. 2. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen, by resignation or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. In July, 1901, Hon. J. H. Kyle, one of our United States senators, died. Governor Herreid appointed Hon. A. B. Kittredge to fill the vacancy until the legislature met in 1903. At that time he was chosen by the legislature to fill the unexpired term, which ended March 4, 1903, and was also elected by the legislature for the next term beginning March 4, 1903, and ending March 4, 1909. 3. No person shall be a senator who shall not have attained the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. 4. The Vice-President of the United States shall be president of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other officers and also a president pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present. 7. 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. Section 4.-1. 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 choosing senators. 2. 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. Sessions of Congress. Each Congress has two regular sessions and has special sessions if called by the President of the United States. Since regular sessions begin the first Monday of December, the last one must be a short session because it must end March 4. *It is interesting to note that impeachment in England, where it originated in 1376, may be applied to any person excepting the king and any kind of punishment may be inflicted. In theory, "the king can do no wrong." His ministers are held responsible for all governmental acts. |