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U.S. Constitution study guide: Difference between revisions
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** = protection against abuse by a majority or a President who might keep Congress from meeting for some political advantage}}''', and such Meeting shall be on the '''{{#tip-text: first Monday in December, unless they shall by Law appoint a different Day|The 20th amendment set the beginning date of each Congress at the 3rd day of January (unless set differently by law), changing the dates set the original constitution and by the 12th amendment.}}'''. | ** = protection against abuse by a majority or a President who might keep Congress from meeting for some political advantage}}''', and such Meeting shall be on the '''{{#tip-text: first Monday in December, unless they shall by Law appoint a different Day|The 20th amendment set the beginning date of each Congress at the 3rd day of January (unless set differently by law), changing the dates set the original constitution and by the 12th amendment.}}'''. | ||
=== Section 5. | === {{#tip-text: Section 5.| | ||
affirms independence of each house in protection of interference upon one another | |||
* an important element of the checks and balances, even within the legislature itself}}=== | |||
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the '''{{#tip-text:Concurrence of two thirds|'''super-majority''' | Each House shall be the Judge of the Elections, Returns, and Qualifications of its own Members, and a Majority of each shall constitute a | ||
'''{{#tip-text: Quorum| | |||
'''quorum''' = | |||
* the minimum number of representatives necessary for either house to meet | |||
* this number is set at 51% of the total number of representatives in either house (House or Senate)}}''' 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. | |||
Each House may determine the '''{{#tip-text: Rules of its Proceedings| | |||
Each House may determine the Rules of its Proceedings | |||
* each house can make its own rules | |||
* each is protected from interference from the other | |||
** = separation of powers | |||
* generally, the House operates by majority vote, which gives the controlling party almost complete control | |||
* in the Senate individual Senators have more power, especially that of debate, which can only be shut down by a cloture vote requiring 3/5ths the Senate (60 Senators)}}''', punish its Members for disorderly Behaviour, and, with the '''{{#tip-text:Concurrence of two thirds|'''super-majority''' | |||
* = higher than the usual 50+% requirement for decisions in a democratic body | * = higher than the usual 50+% requirement for decisions in a democratic body | ||
* super-majorities require a larger consensus (general agreement) and are therefore important constraints against the power of a simple majority | * super-majorities require a larger consensus (general agreement) and are therefore important constraints against the power of a simple majority | ||
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* see article here on '''Majority v super-majority vote''' article}} ''', expel a Member. | * see article here on '''Majority v super-majority vote''' article}} ''', expel a Member. | ||
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. | Each House shall keep a '''{{#tip-text: journal of its Proceedings| | ||
* = an essential protection for the people | |||
** a legislature that operates in secret is not accountable to the people | |||
** even so, the Constitution allows the Congress to hold some sessions in secret | |||
** however, the Constitution requires that the Congress identify | |||
* publication of the "proceedings" of Congress is called the "Congressional Record" | |||
* the additional requirement that "one fifth" of Members may demand ("the Desire") that the attendance of Members be recorded is another important element of accountability of Congress to the people | |||
* these seemingly innocuous requirements are in directly response to the abuses of the English kings upon Parliament, of Parliament itself, and of the abuses upon the Americans in their colonial governments}}''', 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. | |||
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. | 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. | ||
=== Section 6. 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. | === Section 6.=== | ||
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 Session of their respective Houses, and in 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. | |||
No Senator or Representative shall, during the Time for which he was 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. | No Senator or Representative shall, during the Time for which he was 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. | ||