4,993
edits
US Constitution study guide: Difference between revisions
→Section 5. [independence of each house of Congress]
| Line 217: | Line 217: | ||
* an important element of the checks and balances, even within the legislature itself}}'''<br> | * an important element of the checks and balances, even within the legislature itself}}'''<br> | ||
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 '''{{#tip-text: Judge of the Elections, Returns, and Qualifications of its own Members|Judge of the Elections | ||
* each House may "judge" for itself over disputes in elections of its members | |||
* = act as a "legislative tribunal" and thereby proceed with powers of investigation, witnesses, evidence, etc. | |||
* = the House or Senate will act as judges of a disputed election by majority vote of Members | |||
* "Returns" means the official counts or results of an election | |||
* "Qualifications" means the power to judge if a Member is qualified (age, citizenship, etc.) to hold the office}}''', and a Majority of each shall constitute a | |||
'''{{#tip-text: Quorum|"Quorum" = | '''{{#tip-text: 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. | ||
Each House may determine the '''{{#tip-text: Rules of its Proceedings|Independence of the two houses of Congress: | Each House may determine the '''{{#tip-text:Rules of its Proceedings|Independence of the two houses of Congress: | ||
* 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 | ||
| Line 228: | Line 233: | ||
* 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) | * 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| | * Madison's Federalist no. 51 discusses the theory of "Separate and distinct" powers between the houses of Congress}}''', '''{{#tip-text:punish its Members|punish its Members | ||
* | * each house has the power to "punish" "disorderly" conduct | ||
* | * there is no definition of what constitutes "disorderly" or to "punish", so it would be anything that a majority of the body decides | ||
* however, punishments have generally been in the form of censure, removal from Committee assignments, or monetary fines}}''' for disorderly Behaviour, and, with the '''{{#tip-text:Concurrence of two thirds, expel a Member|expel a Member | |||
* to expel a Member would be to overturn an election | |||
* so the Founders require a super-majority to take such an action (as opposed to a simple majority)}}'''. | |||
Each House shall keep a '''{{#tip-text: journal of its Proceedings|Publication of the proceedings of Congress: | Each House shall keep a '''{{#tip-text: journal of its Proceedings|Publication of the proceedings of Congress: | ||