U.S. Constitution study guide: Difference between revisions

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Each House shall be the Judge of the Elections, Returns, and Qualifications of its own Members, and a Majority of each shall constitute a  
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|
'''{{#tip-text: Quorum|"Quorum" =  
'''quorum''' =
* the minimum number of representatives necessary for either house to meet
* 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.
* 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.
* Madison's [[Federalist no. 51]] discussed the theory of "Separate and distinct" powers between the houses of Congress


Each House may determine the '''{{#tip-text: Rules of its Proceedings|
Each House may determine the '''{{#tip-text: Rules of its Proceedings|Independence of the two houses of Congress:
Each House may determine the Rules of its Proceedings
* each house can make its own rules
* each house can make its own rules
* each is protected from interference from the other
* each is protected from interference from the other
** = separation of powers
** = separation of powers
* generally, the House operates by majority vote, which gives the controlling party almost complete control
* 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'''
* 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)
* Madison's Federalist no. 51 discusses the theory of "Separate and distinct" powers between the houses of Congress}}''', punish its Members for disorderly Behaviour, and, with the '''{{#tip-text:Concurrence of two thirds|'''super-majority''' Super majority requirement:
* = 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
** likewise, super-majorities empower a minority, generally to be able to block votes or laws that a simple majority would otherwise enact
** likewise, super-majorities empower a minority, generally to be able to block votes or laws that a simple majority would otherwise enact
* see article here on '''[[Majority v super-majority vote]]''' article}} ''', expel a Member.
* see article here on '''Majority v super-majority vote'''}} ''', expel a Member.


Each House shall keep a '''{{#tip-text: journal of its Proceedings|
Each House shall keep a '''{{#tip-text: journal of its Proceedings|Publication of the proceedings of Congress:
* = an essential protection for the people
* = an essential protection for the people
** a legislature that operates in secret is not accountable to the people
** a legislature that operates in secret is not accountable to the people