Page images
PDF
EPUB

before the Senate, which acts as the court of impeachment. In practice, however, the House is represented and the case conducted by the members of the House of Representatives appointed as managers.

The members of the House of Representatives are judges of the election and qualifications of the members of the House. It is necessary that the majority of the members of the House be present in order that business may be conducted, but a smaller number than a majority of the members may meet and may compel the attendance of absent members under such conditions as may have been provided by the rules adopted by the House, or established by precedent. A member may not be absent from the sessions of the House, except he is excused, and a member absent without excuse may be brought to the bar of the House by the Sergeant-at-Arms, and renders himself, by such absence, liable to such penalties as the House may impose. Members may also be punished for disorderly behavior, and a member may be expelled by a concurrence of two-thirds of the House. The House of Representatives cannot adjourn for more than three days during the session of Congress without the consent of the Senate, and cannot adjourn to any other place than that in which the two Houses may be sitting. Provision is made in the Constitution for an open ballot, in the requirement that yeas and nays on any vote shall be entered upon the journal upon the desire of one-fifth of the members present. Rules have been adopted with the purpose of enabling the majority of a quorum to transact business, notwithstanding the obstruction of a minority, and the rights of the minority are to some degree safeguarded by the same code of laws and rules.

A member of the House of Representatives receives a compensation which is now fixed by law, at seven thousand five hundred dollars a year, and mileage at the rate of ten cents a mile for attending and returning from sessions. He also receives an allowance for stationery, amounting to one hundred and fifty dollars per year, and is allowed clerical assistance to the amount of one thousand five hundred dollars per year. Members who are chairmen of committees are allowed the services

of clerks of committees for their own legislative business as well as for the business of the committees. Committee clerks are of two classes, annual clerks, and session clerks, the former receiving generally two thousand dollars per year, though the range of salary is from twelve hundred to fourteen hundred dollars per year, and the latter six dollars per diem.

Members of the House of Representatives as well as Senators are highly privileged and are exempt from arrest during their attendance at the session of the House, and during the time of their going to and returning from the session, this being construed to mean, not only the time actual appearance in the House, and of going to and from their residences in Washington, but as well the entire time of their residence in Washington during the session of Congress, and the time which many elapse from their departure from their legal residences to their return thereto. They may not be questioned for any speech or debate in the House, at any place, and it is also held that interference or protest on the part of the Executive, or of a member of either House of Congress, against the speech, vote, or motion of a member of the lower House, constitutes a breach of his privilege and of the privileges of the House of Representatives. Any question affecting the privilege of a member, or of the House, takes precedence over other business.

Members of the House of Representatives may not be ap pointed to any civil office under the United States which has been created, or whose compensation has been increased, during the time for which he is elected, and no person holding office under the United States can be a member of the House.

A prerogative of the highest power is given exclusively to the members of the House of Representatives in that all bills for raising revenue must originate in that House. This covers that very important class of legislation relating to the imposition of taxes on imports, as well as internal revenue provisions and other enactments from which a revenue is derived for the support of the general government. The House of Representatives also claims the initiative in preparing measures appropriating money for the expenditures of the general government, and

regards as an encroachment upon the privileges of the House, original propositions by the Senate for the expenditures of public moneys, While the revenue bills are subject to amendments in the Senate and frequent and extensive amendments of appropriation bills are also made in the upper House, it is the theory that the House of Representatives has the control of the means of governmental expenditures, which is the foundation of real governmental power. The provision that bills for raising revenue shall originate in the House of Representatives, is an echo of the historic contests of the English Kings with their parliaments, and the prerogative of directing national expenditures which had been achieved by the English House of Commons as the basis of the similar claim to the power which has been continued in the popular branch of the newer AngloSaxon government.

The powers delegated by the States to the Congress, and in which the House of Representatives participates, are as follows: To raise moneys by taxes, impositions, duties, and excises which shall be uniform throughout the United States, for the purpose of paying the debts of the government and to provide for the general welfare of the country, and in anticipation of revenues to be thus raised, to borrow money on the credit of the United States and to direct the disposition of the public land and other public properties.

It is empowered, also to regulate commerce with foreign nations, and with Indian tribes, and among the several States. The latter provision has been given perhaps the widest construction of any of the provisions of the Constitutions, since from it has been derived the power to regulate the rates of transportation of persons and commodities, and to provide for inspection and regulation of trade in many lines.

A uniform rule of naturalization by means of courts of record was authorized and has been established.

The authorization of a bankruptcy law, general throughout the United States, was given in the Constitution, but was not taken advantage of until 1867.

Congress may, and does, establish means for coining money and determines the values of the coins, and fixes the value of foreign coins, and is the authoritative source of standards of weights and measures throughout the United States. Upon the authority to coin money and the provision which grants power to borrow money on the credit of the United States, it bases its action in directing the issue of treasury notes and of legal tender certificates representing money so coined In connection with this power it is given authority to provide for the punishment of counterfeiting the securities and coins of the United States.

It is empowered to establish postoffices and post roads. The latter provision was chiefly useful during the earlier days of lack of communication with remote sections of the Union, not provided with road facilities. It has, however, been utilized for establishing rights of way over bridges and upon the railroad systems of the country. Whether it may be utilized as a Constitutional provision on which to establish a system of national railroads, may be a nice question for the future to decide.

Congress is empowered to promote science and the useful arts, in a manner which is represented by the patent and copyright system of the Federal Government.

It may constitute courts inferior to the Supreme Court, the latter being established by the Constitution.

The foregoing provisions are those which appertain to sovereignty, and the following especial attributes of the sovereign are bestowed upon the Congress: to declare war, raise and support armies, with the proviso that no continuing appropriation shall be made for this purpose for a longer term than two years. As an auxiliary power Congress may grant letters to private persons to empower them to seize any vessels of a nation against which war is being waged, and the power is specified to make rules with regard to both land and water captures. As a further auxiliary to the Federal armies, the militia of the various States may be called out for the purpose of supporting the laws and to repel invasion. In order that the auxiliary may be made

an effective one, Congress may provide for organizing and arming the militia, and may prescribe the discipline under which they shall be trained, but the States themselves reserve the authority of training the militia under ordinary circumstances, and of the appointment of their officers. Such part of the militia, however, as may be employed in the service of the United States, is to be governed by provisions made by Congress.

The House of Representatives also shares in a certain portion of the foreign relations of the United States, namely, in the power to define and punish piracy and other felonies committed upon the high seas, and all offenses against the law of nations. The major portion of the foreign relations, the power to declare war excepted, is vested in other than the House of Representatives.

The House of Representatives with the Senate the governing power having exclusive legislative rights over the District of Columbia and over the places purchased from and ceded by the several States, for the location of necessary structures belonging to the Federal Government, such as forts, arsenals, navy stations, lighthouse installations, etc. In the way of general powers, the House of Representatives shares in the authorization of Congress to make laws necessary for the carrying into effect of the powers granted to it, and of powers vested by the Constitution in the general government, or in departments, or officers of it.

In the way of limitation, there is a distinct provision contained in the 10th amendment of the Constitution, being the final provision of those demanded by certain States as a condition of entering into the grant of powers contained in the original Constitution, that the powers not specifically delegated to the United States, are reserved to the respective States or to the people. The limitations specifically set forth are, that the privilege of the right of habeas corpus shall not be suspended, unless public safety requires it; that no direct tax shall be laid except in proportion to the general census; that no export tax shall be applied to any State; that no preference shall be given

« PreviousContinue »