for disorderly Behaviour, and, with the Concurrence of two
thirds, expel a Member.

Clause 3. Each House shall keep a Journal of its Proceedings, and from
time to time publish the same, excepting such Parts as may in their
Judgment require Secrecy; 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.

Clause 4. 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.

Powers and Duties of the Houses

POWER TO JUDGE ELECTIONS

Each House, in judging of elections under this clause acts as a judicial
tribunal, with like power to compel attendance of witnesses. In the
exercise of its discretion, it may issue a warrant for the arrest of a
witness to procure his testimony, without previous subpoena, if there is
good reason to believe that otherwise such witness would not be
forthcoming.[159] It may punish perjury committed in testifying before a
notary public upon a contested election.[160] The power to judge
elections extends to an investigation of expenditures made to influence
nominations at a primary election.[161] Refusal to permit a person
presenting credentials in due form to take the oath of office does not
oust the jurisdiction of the Senate to inquire into the legality of the
election.[162] Nor does such refusal unlawfully deprive the State which
elected such person of its equal suffrage in the Senate.[163]

"A QUORUM TO DO BUSINESS"

For many years the view prevailed in the House of Representatives that
it was necessary for a majority of the members to vote on any
proposition submitted to the House in order to satisfy the
constitutional requirement for a quorum. It was a common practice for
the opposition to break a quorum by refusing to vote. This was changed
in 1890, by a ruling made by Speaker Reed, and later embodied in Rule XV
of the House, that members present in the chamber but not voting would
be counted in determining the presence of a quorum.[164] The Supreme
Court upheld this rule in United States _v._ Ballin,[165] saying that
the capacity of the House to transact business is "created by the mere
presence of a majority," and that since the Constitution does not
prescribe any method for determining the presence of such majority "it
is therefore within the compe