FREE BOOKS

Author's List




PREV.   NEXT  
|<   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138  
139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   >>   >|  
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
PREV.   NEXT  
|<   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   131   132   133   134   135   136   137   138  
139   140   141   142   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   >>   >|  



Top keywords:
election
 

quorum

 

presence

 

majority

 

determining

 
Houses
 
Senate
 

witness

 
elections
 

members


person

 

Clause

 
Journal
 

prevailed

 
BUSINESS
 

Representatives

 
satisfy
 
constitutional
 

submitted

 

proposition


QUORUM

 

thirds

 

Member

 

suffrage

 

jurisdiction

 

inquire

 

office

 

legality

 

elected

 

requirement


deprive

 
refusal
 

unlawfully

 

common

 

Ballin

 
States
 

United

 
Supreme
 

upheld

 
capacity

transact
 

method

 
prescribe
 
Constitution
 

business

 

created

 
disorderly
 

changed

 
ruling
 

Speaker