147. To

139. To what does this clause relate?

The election of Members of Congress.

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141. In what particulars may the Legislature of each State regulate the election of Members of Congress?

140. In whom is the power of regulating their election vested? In the Legislature of each State.

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They may prescribe the times, places, and manner of holding the election.

142. Why should these particulars be determined in the several States by their own Legislatures?

Because the people of the several States can judge best in regard to their own local conveniences.

143. What power has Congress in the matter?

Congress may by law, make or alter such regulations, except as to the place of choosing Senators.

144. Why is the power of making or altering these regulations given to Congress?

Because the State Legislatures might neglect to provide duly for such elections, or might make such provisions as would embarrass the operation of the General Government.

145. Why is not the place of choosing Senators also left to the discretion of Congress?

Because the Senators are elected by the State Legislatures, whose place of meeting is left to be decided by their own convenience, with respect to their ordinary duties.

146. Repeat Clause I.

CLAUSE II." 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 dif ferent day."

147. To what does this clause refer?

To the assembling of Congress.

148. How often shall Congress assemble?

The Congress shall assemble at least once in every year.

149. What day is fixed for the meeting of Congress?

The first Monday of December, unless they, by law, appoint a different day.

150. What would have been the consequence of omitting to make in the Constitution any provision in regard to the meeting of Congress?

The time of assembling would have been left to the determination of Congress itself, or of some other department of the government.

151. What danger would there have been in this?

In times of corruption, or usurpation, Government might omit or postpone the meeting of Congress, for the purpose of preventing a redress of grievances. 152. Repeat Clause II.

SECTION V. The Houses separately.

CLAUSE I. “Each House shall be the judge of the elections, returns, and qualifications, of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each House may provide."

153. To what does the first part of this clause relate?

To the mode of ascertaining the right of any one to a seat in Congress.

Each House is the judge of the elections, returns, and qualifications of its own members.

155. Why should each House have the exclusive right to judge of the qualifications of its members?

Because in no other way could it maintain the necessary degree of independence.

156. To what does the next item in this clause relate?

To a quorum.

157. What is a quorum?

The number of any assembly necessary to transact business.

158. Why is it necessary to forbid the transaction of business unless there is a certain number of the members present?

To prevent laws being passed by stealth, when, by some accident, only a small portion of the legislators are present.

159. What number of each House of Congress is necessary to constitute a quorum?

A majority.

160. What powers have a smaller number than the majority? They may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each House may provide.

161. Why is this power given to the minority of a Legislative Assembly?

Otherwise it would be in the power of a portion of the members, by voluntarily absenting themselves, to suspend legislation.

162. Repeat Clause I.

CLAUSE II. "Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a

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163. To what does this clause relate?

To the maintenance of order.

164. Who determines the rules of proceeding in Congress? Each House may determine its own rules of proceeding.

165. What means has each House for enforcing its rules?

Each House has the power to punish its own members for disorderly behaviour; and, with the consent of two-thirds, to expel a member.

CLAUSE III." 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.”

166. What is the object of the first part of this clause? To ensure publicity to all the Acts of Congress. 167. How is the publicity of the proceedings in Congress secured?

By compelling each House to keep a journal of its proceedings, and to publish the same from time to time.

168. How much of its Journal is each House required to publish? All except such parts as may, in their judgment, require secrecy.

169. To what does the latter part of the clause relate?

The responsibility of individual members for their

votes.

170. How is responsibility of individual members secured?

By requiring the yeas and nays to be taken on any question, at the desire of one-fifth of the members. present.

Recording on the journal the names of those who vote on each side, and not merely the number of votes. 172. Repeat Clause III.

CLAUSE IV. “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."

173. What does this clause contain?

Restrictions upon the power of adjournment.

174. What is the object of these restrictions?

To prevent either House from interrupting the regular course of legislation.

175. For how long a time may either House adjourn without the consent of the other?

For three days.

176. How else is each House limited with regard to its own adjournment?

It cannot adjourn to any other place than that in which the two Houses may be sitting.

177. Repeat Clause IV.

SECTION VI. Privileges and Disabilities of Members. CLAUSE I. "The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to, and returning from, the same; and for any speech or debate in either House, they shall not be questioned in any other place.'

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