544. TERM OF REPRESENTATIVES.—Representatives are elected for two years, the legal term commencing on the 4th of March following the election. Except in the case of a special session, the actual service of Representatives does not commence until the first Monday in December, thirteen months after election. Members are frequently reŰlected, the average term being about four years. When for any reason a vacancy occurs in the representation from any state, the Governor may, on the authority of the Federal Constitution, issue a writ of election to fill the vacancy. A special election is then held in the district in which the vacancy has occurred, and the Representative so chosen serves for the remainder of the term. [Footnote: The privileges and immunities of Representatives are similar to those of Senators. See Section 537 of this chapter.]
C. THE POWERS OF CONGRESS
545. SPECIAL POWERS OF THE SENATE.—Of the three powers exercised exclusively by the Senate, the power to approve treaties is one of the most important. All treaties negotiated by the President must be approved by a two-thirds vote of the Senate before becoming law. The treaty may be approved or rejected as a whole, or it may be rejected in part, and additional articles recommended as amendments. If changed in form or content by the Senate the treaty does not become law until both the President and the foreign power have assented to the amendment or change.
In order to become valid, a large number of Presidential appointments must receive the approval of the Senate. [Footnote: See Chapter XL, Section 518.]
The Senate exercises a special judicial function in that it may sit as a court of impeachment for the trial of persons whom the House of Representatives has formally charged with treason, bribery, or other high crimes and misdemeanors. Excluding military and naval officers, who are tried by court-martial, and excluding also members of Congress, who are subject only to the rules of their respective houses, all Federal officers are subject to impeachment. Impeachment requires a two-thirds vote of the Senators present. Removal from office and disqualification to hold any office under the United States is the heaviest penalty which can be imposed upon an impeached official.
546. SPECIAL POWERS OF THE HOUSE.—The House likewise enjoys three special powers.
One of these is the right to elect a President of the United States in case no candidate has a majority of the electoral votes. This has happened only twice, in 1800, and again in 1824.
The Federal Constitution provides that all revenue bills must originate in the lower house. However, the Senate has come to share this power through its power to amend such bills.
The House of Representatives has the sole power to prefer charges of impeachment, that is to say, to present what may be called the indictment against the accused official. The case is then tried before the Senate, the House appointing a committee of its own members to act as the prosecuting agency.
547. GENERAL SURVEY OF THE POWERS OF CONGRESS.—The powers of Congress, i.e. the two houses acting together, are of two kinds: First, express powers, by which is meant those specifically enumerated in the Federal Constitution; and second, implied powers, by which is meant those which are incident to express powers and necessary to their execution. The foundation of the doctrine of implied powers is the constitutional clause [Footnote: Article I, Section VIII, of the Constitution.] which authorizes Congress to make all laws "necessary and proper" for carrying out the powers granted it by the Federal Constitution.