XXIII tions Senators must be at least thirty years of age, and must have CHAP. been citizens of the United States at least nine years. Otherwise, their constitutional qualifications are identical with those of repre- Qualificasentatives: they must be inhabitants of the states that elect them, and they cannot hold any office under the United States. Like representatives, too, they may not at any time be appointed to a civil office under the authority of the United States which shall have been created, or the emoluments whereof shall have been increased, during the time for which they were elected. Equally with the House, the Senate is endowed with the right to judge the elections, returns, and qualifications of its members, and here also the question has risen whether qualifications can be imposed in excess of those prescribed by the constitution. We have seen that the House has refused to seat a member-elect because he was a polygamist.1 Asked to seat a senator-elect who, although not a polygamist, was accused of being a supporter of the Mormon Church, the upper house took what seems to be the better constitutional ground, namely, that any person duly elected and having the qualifications required by the constitution must be received, although he may be subsequently expelled. Expulsion may be for any cause. But it is to be noted that neither senators nor representatives are civil officers of the United States, in the meaning of the constitution, and that accordingly they are not subject to impeachment. Members of both houses have certain constitutional privileges and immunities. In the first place, they are entitled to compensation, at a rate fixed by law, and paid out of the national treasury. Until 1855 they were given only a small per diem allowance, but at that time a salary of $3,000 a year was authorized, which was increased in 1865 to $5,000, and in 1907 to $7,500.3 Members of the two houses have always been paid at the same rate. In addition to their salaries, they receive liberal allowances for travel, clerk hire, and stationery; and the frank, i.e., the privilege of sending free through the mails any amount of matter stamped with their name, is tantamount to a heavy subsidy, especially in the numerous cases 1See p. 345. 2 In the case alluded to, which was that of Senator Smoot, a resolution for expulsion failed. Members can be expelled from either house by a two-thirds vote. More than a score, in all, have been expelled, most of them on charges of disloyalty growing out of the Civil War. This figure was first reached in 1873, but public disapproval caused a reversion to the former amount within a year. Compensamembers houses tion of of the two CHAP. Privileges of members in which the right is abused by the distribution, at public expense, of tons of documents consisting mainly or wholly of speeches nominally prepared for delivery on the floor of Congress, although not necessarily actually delivered, and designed, in any event, for campaign uses. 1 2 Other provisions of the constitution and laws, based on hardwon English usages, are designed to prevent interference with the member's freedom of attendance, speaking, and voting. A senator or representative may be arrested at any time for treason, felony, or breach of the peace,-which, as construed, means all indictable offenses; so that he has really no exemption from the processes of the criminal law. But while attending a session, or going to or returning from a session, he cannot be arrested on civil process or compelled to testify in a court or serve on a jury. Moreover, "for any speech or debate in either house," he cannot "be questioned in any other place." That is, he cannot be proceeded against, outside of the house to which he belongs, because of anything he may have said in the course of debate, committee hearings, or other proceedings properly belonging to the business of the house. He cannot, for example, be sued for libel or slander by a person whom he may have criticized. The privilege is sometimes used as a shield for unwarranted personalities, but it is fundamentally justifiable. If a member knew that he might be proceeded against at law by any person taking offense at his remarks in the exercise of his duties, he would speak and act, in view of the general publicity of congressional proceedings which now prevails, under an altogether undesirable sense of restraint. REFERENCES The Federalist, Nos. LII-LXIII. J. Bryce, The American Commonwealth (4th ed., New York, 1910), Chaps. X, XIII. Modern Democracies (New York, 1921), II, Chap. XLI. D. S. Alexander, History and Procedure of the House of Representatives (Boston, 1916), Chaps. I, XVI. E. Kimball, National Government in the United States (Boston, 1920), Chap. XI. W. Wilson, Constitutional Government in the United States (New York, 1908), W. W. Willoughby, Constitutional Law of the United States (New York, 1910), 1 Williamson v. United States, 207 U. S., 425 (1907). Art. I, § 6, cl. 1. F. A. Cleveland, Organized Democracy (New York, 1913), Chap. xxvi. E. C. Griffith, The Rise and Development of the Gerrymander (Chicago, 1907). G. H. Haynes, The Election of Senators (New York, 1906). A full historical C. H. Kerr, The Origin and Development of the United States Senate (Ithaca, 1895). CHAP. CHAPTER XXIV Regular and special sessions Long CONGRESSIONAL ORGANIZATION The two houses of Congress are required by the constitution to convene at least once every year, on the first Monday in December, unless a law is passed designating a different date. As has been shown in the preceding chapter, there are strong reasons why a different arrangement would be preferable. No action, however, looking to a change has ever been taken. In addition to these annual sessions, Congress is frequently assembled in special session on "extraordinary occasions" at the discretion of the president. Either house may be summoned without the other, and the Senate is often convoked separately to act upon executive appointments or treaties, with which the House has nothing constitutionally to do.2 Congresses have been numbered consecutively since the first one met in 1789; and it is customary to refer to the sessions of each Congress as the first or second session, as the case may be. When, however, a newly elected Congress has met in special session before the first Monday in the second December following its election, the sessions are numbered first, second, and third, beginning with the special session. Only very infrequently is a second special session held, making a total of four sessions for a single Congress; in any event, the serial plan of numbering is adhered to. The first session, which ordinarily begins in December of the oddnumbered years, is called the "long" session, and lasts well into the following summer; the second session, opening in December of the even-numbered years, is called the "short" session, since its duration is limited by the fact that the term of its members will expire at noon on the fourth day of March following. Unlike certain European parliaments, Congress is not obliged to remain. in session any stated length of time. Unlike these parliaments, too, neither branch can be dissolved, or have its sessions sus 1See p. 343. For the years in which the Senate has been convened in special session, see Congressional Directory, 67th Congress, 2nd Session (1921), 177. XXIV pended or prorogued by the executive. Subject to the condition CHAP. that neither house may adjourn without the consent of the other for a period longer than three days, or to any other place than that in which the houses shall be sitting, the matter of adjournment is left to arrangement between the houses themselves, save only that when they disagree as to the time of adjournment the president may intervene and adjourn them to "such time as he shall think proper. "1 Organiza tion of the House A newly chosen House of Representatives, meeting at noon on the first Monday in December, is called to order by the clerk of the preceding House, and this officer continues to preside until the House has elected its regular presiding officer, the speaker, although there is nothing to prevent the members-elect from legally choosing some other person to act as their temporary chairman. After calling the House to order, the clerk proceeds to call the roll of The roll members by states alphabetically. Upon this roll are to be found the names of all members-elect whose certificates of election have been forwarded to the clerk of the House by the proper official in each state. If the right to a seat is claimed by some person other than the one holding such a certificate, the matter is referred for investigation and report, after the House has fully organized, to one of the standing committees on elections. In the meantime the person named in the official certificate of election is presumed to have been legally elected, and he participates both in the organization of the House and in its regular legislative work after organization until it has been decided that he is not entitled to a seat.1 As the roll-call proceeds, a member-elect may object to the admission of some other member-elect on the ground that for some stated reason he is disqualified for membership. Upon the completion of the roll-call, the oath of office is administered to the members in a body, except those whose qualifications have been challenged as just indicated; they are obliged to stand aside, and the oath is not administered to them until their right to membership has been Art. II, § 3, cl. 1. "Ex-President John Quincy Adams was thus chosen under extraordinary circumstances in 1839. See J. A. Woodburn, The American Republic, 248-249. See p. 342. There have been at least three instances in the past few years in which such contests have not been decided until the last week of the term of Congress. Nevertheless, practically full salary was allowed both the suecessful and the defeated party to each case. See The Searchlight, IV, 9-10 (May, 1919); V, 3 (Dec., 1920); V, 8-9 (Mar., 1921). |