ARTICLE I.
A Congress of Two Houses.—Section i. All legislative powers, herein granted, shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
In the Constitutional Convention, the Pennsylvania delegates were the only ones who objected to the formation of a legislative body having two houses. It was believed that with two houses one would be a check upon the other, and that there would be less danger of hasty and oppressive legislation. Another reason for the formation of a congress having two houses was that the colonists were familiar with this kind of legislature. It existed in all of the States, Pennsylvania and Georgia excepted.
Term of Members and Qualifications of Electors.—Section 2, Clause 1. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature.
A short term for representatives was agreed upon, for it was the design to make them dependent on the will of the people. The question frequently arises, therefore, ought representatives to be compelled to receive instructions from those who elect them? May we not agree that our legislation would often be more efficient if the welfare of the nation were considered, rather than what seems, for the moment, to be only the concern of a district or even, a State? Securing the best interests of all may mean at times, also, the sacrifice of mere party principles.
Who May Vote for Representatives.—By the words people and electors is meant voters. With the desire to make the House of Representatives the more popular branch, it was decided to grant the right of voting for a representative to any person who might be privileged to vote for a member of the lower house of the legislature of his State. The freedom of a State to determine what these qualifications are is limited only by the provisions of the Fifteenth Amendment:—
Amendment XV. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.
This amendment was proposed by Congress in February, 1869, and was declared in force, March 30, 1870. It was for the purpose of granting more complete political rights to the negroes, recently declared, by Amendment XIV, to be citizens.
Method and Time of Choosing Representatives.—The Constitution prescribes that representatives shall be elected by the people. Congress has provided that representatives shall be chosen on the Tuesday next after the first Monday in November of the even-numbered years.[[11]] Congress has also decreed that representatives shall be chosen by districts; but the State legislature has complete control of the districting of its State. However, Congress has declared that these districts shall be composed of contiguous territory, and contain, as nearly as practicable, an equal number of inhabitants. Now, usage has defined territory to be contiguous when it touches another portion of the district at any one point. As a result of this questionable interpretation, some States have been divided into districts of fantastic shapes, to promote the interests of the party having the majority in the State legislature.[[12]]
Proportional Representation.—Proportional representation, which is coming into favor in these days, would doubtless do much toward remedying this abuse. According to the present system of electing representatives by districts, large minorities of voters are not represented. Numerous plans of "Proportional Representation" have been advocated. One such plan is in operation in Illinois[[13]] for the election of members to the State house of representatives. Each district elects three members on a general ticket. The voter may give one vote to each candidate, or one and a half votes to each of two candidates, or three votes to a single candidate. Therefore, the minority, by concentrating their votes on one candidate, may elect a representative to the legislature, when under the district system they would not be represented.