General References James and Sanford, Government in State and Nation, pp. 166–181. Bryce, The American Commonwealth, abridged ed., 108-130, 140– 142, 163-165. Hart, Actual Government, pp. 215–257. Spofford, A. R., "Parliamentary Law," in Lalor, Cyclopedia, III, pp. 71-94. Wilson, Congressional Government, pp. 64-129. Topics THE VETO POWER: Bryce, American Commonwealth, abridged ed., pp. 41–44, 163–166; Harrison, This Country of Ours, pp. 126– 134; Johnson, A., in Lalor, Cyclopedia, III, pp. 642–645, 1064–1067 ; Mason, Veto Power. Studies 1. The bicameral legislature in history. Wilson, The State, §§ 375, 794, 848-853. 2. Making laws in Washington. Nelson, H. L., in Century Magazine, 64 (1902), 169–187. 3. The House at work. Bryce, American Commonwealth, abridged ed., pp. 108-114; Reed, T. B., in North American Review, 164 (1897), 646-650. 4. Humors of Congress. Leupp, F. E., in Century Magazine, 65 (1903), 760-768, 938–945. 5. A Committee of the Whole. mittees, pp. 92-101. McConachie, Congressional Com 6. The vetoes of President Johnson. Burgess, Reconstruction and the Constitution pp. 66–73, 88-90, 122, 126-133, 140–142. Questions 1. What is the number of the present Congress? When were the representatives chosen ? When does their term of office expire? 2. What was the longest single session of Congress? What was the length of the last "long" session? When was the last extra session called? (Manuals of the House, under "Congress, Sessions of.") 3. Select some bill under consideration at the most recent session of Congress, and learn when it was first introduced, to what committee it was assigned, when it was reported, how long it was debated, and the final vote upon it within that chamber. 4. Were any important bills given to conference committees at the last session? Were any vetoed by the President? 5. To what House committees would the following bills naturally be assigned (in case it might appropriately be given to more than one, name all): Isthmian Canal bill; bill appropriating $50,000 for a public building; a pension bill; a bill enlarging the powers of the Interstate Commerce Commission; amendment to the Constitution; a bankruptcy bill; a resolution to admit Porto Rico as a State; a tariff bill for the Philippine Islands; a bill for revising the law of copyright; for granting land to a transcontinental railway? (List of committees in Congressional Directory; duties of committees in Senate and House Manuals.) CHAPTER XXIV THE HOUSES OF CONGRESS THE SENATE most satisfactory tion and special powers. Constitution, Art. I, § 3, cls. 1-3. 303. General Character of the Senate. -The Senate of the ComposiUnited States is one of the smallest and national legislative bodies in the world. two members from every State, all of whom must be at least thirty years of age, have been citizens of the United States at least nine years, and be residents of the States from which they are chosen. The term of office is six years, and as the senators are divided into three classes, so that one third Bryce, Am. retire every two years, the Senate is a continuous body. On Commonaccount of its small size and its semi-permanent character, abr. ed., the Senate is able to discuss public business much more 71-77. thoroughly than the unwieldy House of Representatives. It is, therefore, especially fitted for the work of confirming appointments and ratifying treaties made by the President, these being the chief special powers conferred upon the Senate by the Constitution. wealth, in the legis latures. Haynes, Senators, 22-34. 304. The Election of Senators. As the Senators are Procedure supposed to be the special representatives of the States in the national government, they are chosen by the respective state legislatures. Since 1866, the methods used by the legislatures in senatorial elections have been the same throughout the United States. On the second Tuesday after the meeting of a state legislature upon which the election devolves, the members of the separate houses are to name by Constitu tion, Art. I, viva voce vote their choice for the position, and a joint session is to be held the next day, a majority of each house § 4, cl. 1. Proposed changes in the election of senators. Mitchell, J. H., in Forum, 21 (1896), 385-397. Haynes, Popular nominations. Oregon method. being present. If no one is elected on the first ballot, joint sessions are held daily at noon until a senator is selected. The choice, of course, always falls upon the candidate of the party which has a majority in the state legislature, this candidate having often been previously selected by a caucus. Sometimes, however, the majority fails to agree upon a candidate, and disagreement may even be carried so far that the State has no representative in the United States Senate, as was the case with Delaware in 1902.1 During the last decade there has been a widespread and constantly growing demand for a change in the method of electing senators. Successive Houses of Representatives have passed, by almost unanimous votes, resolutions which propose to amend the United States Constitution in order that senators may be chosen by popular vote, but the resolutions have never even been discussed in the Senate. The cause of the movement for popular election lies in the general belief that the legislatures are thwarting rather than expressing the wishes of the people, and is closely allied to the distrust of our state legislatures which has shorn them of many of their powers (§§ 89-91). As a means of avoiding the protracted contests in the legislatures, which are becoming much more common and seriously interfering with state business, and as a preventive of possible bribery, popular election would undoubtedly be a success. Several of the States have already adopted laws which provide that, in the primary elections at which state officials may be nominated (§ 26), the voters may express their preference for United States senators. Ordinarily, this expression of opinion is not binding on the legislature. In Oregon, however, by a combination of direct nomination of senators 1 When a vacancy occurs by death or resignation during the recess of the legislature, the governor may appoint some one until the next legislature shall choose a senator in the way just described. But when a legislature has failed to elect a senator and the government makes an appointment for the vacancy, the Senate refuses to admit the appointee as a member. Rev. of Revs., 35 (1907), and pledges exacted from candidates for the legislature that they will support the senatorial nominee who has the largest vote, irrespective of party, a legislature of one party may 748-751. choose a senator belonging to the opposite party-practically if not legally a popular election. 305. Senatorial Regulations.1 Like the House of Repre- Selection of sentatives, the Senate does a large part of its work through committees. committees. The selection of the committees is left with the party that controls the Senate at the beginning of each McConaCongress, but usually certain rules are observed. The machie, Cong. Committees, jority of the members upon all important committees belong 339-345. to the party in power, who retain the chairmanships with possibly a very few unimportant exceptions. The chairman of any committee is not chosen arbitrarily, but is the committee member who has served longest upon the committee, unless he voluntarily relinquishes his position by preferring another more important chairmanship. In case a chairman dies or resigns, the position falls to the committeeman who has seen the greatest length of service, so that in the Senate, "seniority" is a fixed rule, and a fair evidence of senatorial conservatism. debate. The Senate spends a large part of its time in discussing Senatorial public questions, but it has never been willing to adopt a rule that would limit the debate. This is done in most deliberative assemblies by asking for the "previous question," which brings to a vote the question before the House. The Senate relies upon its natural dignity to keep the debate within bounds, but at times the lack of the "previous question" is painfully evident, for the minority have occasion 1 The presiding officer of the Senate is the Vice President of the United States, who is not chosen by that body but is elected at the same time and in the same way as the President (§§ 313-317). Not being really a member of the Senate, he does not appoint the committees nor control business. He has a vote only when the Senate is equally divided. In case of his absence, death, or elevation to the presidency, his place is filled by a president pro tempore of the Senate, selected by the senators from their own membership. |