CHAPTER VIII.
POWERS AND DUTIES OF THE SEPARATE HOUSES.
I. IMPEACHMENT.
Article II, Section 4. The President, Vice-President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
Article I, Section 2, Clause 5. The House of Representatives shall ... have the sole power of impeachment.
Section 3, Clause 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.
Section 3, Clause 7. Judgment in cases of impeachment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment according to law.
There have been but seven impeachment trials in the history of our government. Section 4 of Article II declares who may be impeached. The expression "civil officer" does not include military and naval officers. They are subject to trial by court-martial. Members of Congress may not be impeached, since the Constitution authorizes each house to bring to trial and punish its own members. Clause 5 of Section 2, and Clauses 6 and 7 of Section 3, Article I, give the method of procedure against an officer who may be charged with "treason, bribery, or other high crimes and misdemeanors." The articles of impeachment preferred by the House of Representatives correspond to the indictment in a criminal trial. The manner of conducting an impeachment trial, in the Senate, resembles also a trial by jury.[[19]] That the "Chief Justice shall preside" during the trial of the President of the United States is a wise provision, because it is easy to presume that a Vice-President might be personally interested in the conviction of a President.
II. THE QUORUM, JOURNAL, AND FREEDOM OF SPEECH.
Determination of Membership and Quorums.—Section 5, Clause 1. 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.
In 1900 the right of a senator to a seat in the Senate was challenged by the citizens of his State on the ground that his election was secured through bribery and corruption. In a memorial of the citizens forwarded by the governor, the matter formally came before the Senate. The case was referred to the Committee on Privileges and Elections, which unanimously reported, after careful deliberation, that the senator was not duly and legally elected by the legislature of his State. The committee found that he had obtained through illegal and corrupt practices more than eight votes which would otherwise have been cast against him and changed the result. Before a vote was taken in the Senate on this resolution the senator resigned his seat.
In the House the name of the person possessing the certificate of election signed by the governor of his State is entered on the roll of the House, but the seat may still be contested. Many cases of contested elections are considered by each new House. There were thirty-two seats contested in the 54th Congress. Such cases are referred to the Committee on Elections, which hears the testimony, and presents it to the House for final decision. Each of the cases when presented to the House consumes from two to five days which might otherwise be used for the purposes of legislation. The law provides that no more than $2000 shall be paid either of the contestants for expenses, but even then, it is estimated, these contests cost the government, all told, $40,000 annually. When the decision is rendered by the House, the vote is, in most cases, strictly on party lines, regardless of the testimony. In view of these facts, it has been suggested that the Supreme Court decide all contested elections.
How a Quorum is Secured.—If it appears, upon the count of the speaker, or upon the roll-call of the House, that a majority is not present, business must be suspended until a quorum is secured. Fifteen members, including the speaker, may be authorized to compel the attendance of absent members. This is accomplished as follows: the doors of the House are closed, the roll is called, and absentees noted. The sergeant-at-arms, when directed by the majority of those present, sends for, arrests, and brings into the House those members who have not sufficient excuse for absence. When a quorum is secured, business is resumed.
Rules and Discipline.—Section 5, Clause 2. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.
The Journal.—Section 5, 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.
Our Knowledge of Congressional Proceedings.—As citizens in a republican government, it is our duty to keep informed on the problems which our representatives are called upon to solve. Means of gaining information are not wanting. The public galleries of both houses are usually open to visitors. The official record of the proceedings of Congress is made known to the public through the Journal, which is read at the opening of each day's session. Reports of the debates do not appear in the Journal, but are published each day in the Congressional Record.
Another means of keeping constituents informed on the position of their representatives is through the recording in the Journal of the vote of each member when demanded by one-fifth of those present. In voting by the "yeas and nays," the clerk calls the roll of members and places after each name, "yea," "nay," "not voting," or "absent." The Senate rules specify this as the only method of voting. (Other methods of voting in the House are indicated on page 77.)
Power to Adjourn.—Section 5, 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.
If there is a disagreement between the two houses with respect to the time of adjournment, the President may adjourn them to such a time as he thinks proper. This right has never yet been exercised.
Compensation and Freedom from Arrest.—Section 6, Clause 1. 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 sessions of their respective houses, and 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.
Should the members of Congress be paid a salary, or should the office be regarded as exclusively one of honor? These questions were discussed at length in the Constitutional Convention. Some of the delegates favored the English custom, by which members of Parliament receive no salary. It was finally concluded to adopt the provisions as given, in order that men of ability, though poor, might become members of the National Legislature.
By a law of 1789 the compensation of senators and representatives was fixed at six dollars per day and thirty cents for every mile traveled, by the most direct route, in going to and returning from the seat of government. Prior to 1873 this amount was changed several times by act of Congress. The compensation then agreed upon and until 1907 was $5000 per year, with mileage of twenty cents, and $125 per annum for stationery. The speaker received $8000 a year and mileage. The president pro tempore received the same amount while acting as president of the Senate.
To many people $5000 seemed a large salary, but the great expense of living in Washington renders the salary quite inadequate. Members have been known to pay more than their salaries for house-rent alone. Accordingly, in 1907, the salary of senators and representatives was increased to $7500 and that of the speaker and president pro tempore of the Senate to $12,000.
To Hold Other Offices. Disqualification.—Section 6, Clause 2. No senator or representative shall, during the time for which he is elected, be appointed to any civil office under the authority of the United States which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office.
The purpose of this provision seems to have been to remove the temptation on the part of Congressmen to create offices, or to increase the emoluments of those already existing, in order to profit by such legislation. The exclusion of United States officials from seats in Congress was due to the desire of appeasing State jealousy, which asserted that the National government would in this way secure an undue influence over the State governments. It is advocated, with good reason, that members of the Cabinet should be privileged to take part in the discussion of measures in Congress which pertain to their own departments. Alexander Hamilton asked for this privilege. It was refused because of the belief that he would exert too great influence over the members. The precedent thus established has always been retained.
But since executive officers are often invited to present their views before committees of Congress, they may, in this way, exert great influence upon legislation.