CONGRESS OF THE UNITED STATES. The legislative branch of the Federal government of the United States. The discussion of this body falls naturally into three parts: (1) The constitutional mandates con cerning it ; (2) its own rules and usages; (3) its practical functions as developed by historical evolution.
1. By the first article of the Constitution, the legislative power of the country, so far as granted at all, is °vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.° The Senate must consist of two senators from each State (thus equalizing the power of the States to safeguard their own interests), elected by the State legislatures for six years; the terms so arranged that one-third are vacated every two years, making it a continuing body. Each legislature fills any vacancy in its State delegation caused by death or resignation, but if one occurs while it is not in session, the gov ernnor of the State may fill it pro tem. till the legislature meets. A senator must be 30 years old, nine years a citizen and an inhabitant of the State which elects him; but the legal definition of residence is impliedly left to the State. The president of the Senate is the Vice:President of the United States, who has only a casting vote; but in his absence, or on his accession to the presidency, it shall choose a president pro tem. All impeachment trials are its preroga tive, to be decided by a two-thirds vote; if the President is impeached, the chief justice pre sides; it can inflict no punishment but removal from and disqualification for office. No treaties are valid without the consent of two-thirds of the Senate; nor any appointment to office by the president without the consent of a majority of it, unless Congress takes away this power from the senatorial half of itself, which it is not likely to do.
The House must consist of members chosen for two years by popular election, so that each House is a new body; the voters to be the same who choose the most popular branch of each legislature; each member must be 25 years old, seven years a citizen, and an inhabitant of the State. The number from each State must be graded by population, determined by a decennial national census (in the body of the Constitu tion, three-fifths of the slaves are to be counted in, a provision made obsolete by the Thirteenth Amendment). These representatives must not exceed one to 30,000 inhabitants —which would allow a mmdmum of about 2,550 at present, in place of the actual 440. The members receive an annual salary, determined by Congress, the amount of which at present is $7,500. In case of vacancy, the State executive is to issue a writ of election to fill it. The House chooses its own speaker who receives a salary of $12,000. And lastly, it has the sole power of presenting the impeachments which the Senate has the sole power of trying.
The State legislatures were to fix the times, places and manner of electing members of either House, subject to the right of Congress to change anything but the place of electing sena tors, which was the legislative chamber until 1913, when the 17th Amendment to the Consti tution, providing for the direct vote for senators by the people, was ratified and declared in force.
But the numerous deadlocks and failures to elect, due to the two branches of the legislature being under different political control, and the minority House refusing to meet the other for an election, led to the law of 2 July 1866, pre scribing a uniform rule for all States. Congress is to meet at least once a year; on the first Mon day in December unless it orders otherwise. The President can convene a special session on °extraordinary occasions)); but he cannot ad journ or prorogue it except in case of disagree ment between the Houses — a provision sug gested, like so many others, by the quarrels of the English Parliaments with the Icings. Each House is the judge of the qualifications of its \ own members. A majority of -ach constitutes a quorum; but a single membe can adjourn from day to day, and can compel he attendance of enough absent members to make a quorum if the House will provide a rule for sb doing. Each House makes its own rules of procedure, can punish members for disorderly hehavior and two-thirds can expel a member. i Each must keep a journal of its proceedings Osee CENSURE, CONGRESSIONAI, for argument on I the implica tions of this), and publish it, exOpt such part as the House judges best to keep (secret. One fifth of the members present at sny time may compel a yea and nay vote to be taken on. any question and entered on the journal. Neither House during a session shall adjourn for.more than three days or to any other place, without consent of the other. Meinbers of both Houses shall be paid by the nation. They shall he exempt from arrest during the session and in journeys to and from, and from liability for any utterances in debate— a reminiscedce of the burning need of such provision in ol&r English history; not often invoked now, and still less often for creditable reasons. No member shall be appointed to any office created or its pay increased during his term — again a souvenir of temporary political squabbles; and no office holder shall be at the same time a member. Bills for raising revenue must originate in the House (originally a safeguard for the large States, against the small ones using their power in the Senate to throw the financial burdens on their richer neighbors) • but the Senate can pro pose amendments. Bills vetoed by the Presi dent must be reconsidered by, and the objec tions entered in full on the journal of, the House where they originated; and a two-thirds vote may pass it to the other House, a two thirds concurrent vote of which makes it a law. (The first Congress, on the question arising, de cided this to mean two-thirds of those present and voting, not of the whole membership). Such votes must be yea and nay and entered on the journals. A bill not returned by the Presi dent within 10 days (Sundays excepted) be comes a law ipso facto, unless Congress ad journs meanwhile, when it lapses. No order, resolution or vote of the concurrent Houses is valid without the assent of the President, ex cept one to adjourn.