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<DOC> [106th Congress House Rules Manual -- House Document No. 106-320] [From the U.S. Government Printing Office Online Database] [Page 1-3] [[Page 1]] ======================================================================== CONSTITUTION ======================================================================== [[Page 3]] __________ We the People <<NOTE: Sec. 1. The preamble.>> of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The First Continental <<NOTE: Sec. 2. Formation of the Constitution.>> Congress met in Philadelphia in September of 1774 and adopted the Declaration and Resolves of the First Continental Congress, embodying rights and principles later to be incorporated into the Constitution of the United States. The Second Continental Congress adopted in November of 1777 the Articles of Confederation, which the States approved in July, 1778. Upon recommendation of the Continental Congress, a convention of State representatives met in May, 1787 to revise the Articles of Confederation and reported to the Continental Congress in September a new Constitution, which the Congress submitted to the States for ratification. Nine States, as required by the Constitution for its establishment, had ratified by June 21, 1788, and eleven States had ratified by July 26, 1788. The Continental Congress adopted a resolution on September 13, 1788, putting the new Constitution into effect; the First Congress of the United States convened on March 4, 1789, and George Washington was inaugurated as the first President on April 30, 1789. <DOC> [106th Congress House Rules Manual -- House Document No. 106-320] [From the U.S. Government Printing Office Online Database] [Page 4-62] [[Page 4]] ARTICLE I. Section 1. All <<NOTE: Sec. 3. Legislative powers vested in Congress.>> legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. The power to legislate includes the power to conduct inquiries and investigations. See Kilbourn v. <<NOTE: Sec. 4. Power to investigate.>> Thompson, 103 U.S. 168 (1881); McGrain v. Daugherty, 273 U.S. 135 (1927); Watkins v. United States, 354 U.S. 178 (1957); Barenblatt v. United States, 360 U.S. 109 (1959). For the power of the House to punish for contempt in the course of investigations, see Sec. 293, infra. <<NOTE: Sec. 5. Members chosen by the people of the States every second year.>> Section 2. \1\ The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, * * *. This clause requires election by the people and State authority may not determine a tie by lot (I, 775). The phrase ``by the people of the several States'' means that as nearly as practicable one person's vote in a congressional election is to be worth as much as another's. Wesberry v. Sanders, 376 U.S. 1 (1964); Kirkpatrick v. Preisler, 385 U.S. 450 (1967). 2 U.S.C. 2a mandates apportionment of Representatives based upon population, and 2 U.S.C. 2c requires the establishment by the States of single-Member congressional districts. For elections generally, see Deschler's Precedents, vol. 2, ch. 8. The term of a <<NOTE: Sec. 6. Term of a Congress.>> Congress, before the ratification of the 20th amendment to the Constitution, began on the 4th of March of the odd numbered years and extended through two years. This resulted from the action of the Continental Congress on September 13, 1788, in declaring, on authority conferred by the Federal Convention, ``the first Wednesday in March next'' to be ``the time for commencing proceedings under the said Constitution.'' This date was the 4th of March, 1789. Soon after the first Congress assembled a joint committee determined that the terms of Representatives and Senators of the first class commenced on that day, and must necessarily terminate with the 3d of March, 1791 (I, 3). Under the 20th amendment to the Constitution the terms of Representatives and Senators begin on the 3d of January of the odd-numbered years, regardless of when Congress actually convenes. By a practice having the force of common law, the House meets at 12 m. when no other hour is fixed (I. 4, 210). In the later practice a [[Page 5]] resolution fixing the daily hour of meeting at 12 o'clock meridian or some other hour is agreed to at the beginning of each session. Prior to adoption of the 20th amendment, the legislative day of March 3 extended to 12 m. on March 4 (V, 6694-6697) and, unless earlier adjourned, the Speaker could at that time declare the House adjourned sine die, without motion or vote, even to the point of suspending a roll call then in progress (V, 6715-6718). The Legislative Reorganization Act of 1970 (84 Stat. 1140) provides that unless Congress otherwise specifies the two Houses shall adjourn sine die not later than the last day in July. This requirement is not applicable, under the terms of that Act, where a state of war exists pursuant to a congressional declaration or where, in an odd-numbered (nonelection) year, the Congress has agreed to adjourn for the month preceding Labor Day. For more on this provision, see Sec. 1105, infra. <<NOTE: Sec. 7. Electors of the House of Representatives.>> * * * and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. The House, in the decision of an election case, has rejected votes cast by persons not naturalized citizens of the United States, although they were entitled to vote under the statutes of a State (I, 811); but where an act of Congress had provided that a certain class of persons should be deprived of citizenship, a question arose over the proposed rejection of their votes in a State wherein citizenship in the United States was not a qualification of the elector (I, 451). In an exceptional case the House rejected votes cast by persons lately in armed resistance to the Government, although by the law of the State they were qualified voters (I, 448); but later, the House declined to find persons disqualified as voters because they had formerly borne arms against the Government (II, 879). The power <<NOTE: Sec. 8. Decisions of the Court.>> of the States to set qualifications for electors is not unlimited, being subject to the 15th, 19th, 24th, and 26th amendments, and to the equal protection clause of the United States Constitution. Carrington v. Rash, 380 U.S. 89 (1965); Kramer v. Union Free School District, 395 U.S. 621 (1969). Congress has some power in setting qualifications for electors, as in protecting the right to vote and lowering the minimum age for electors in congressional elections. Katzenbach v. Morgan, 384 U.S. 641 (1966); Oregon v. Mitchell, 400 U.S. 112 (1970). <<NOTE: Sec. 9. Age as a qualification of the Representative.>> \2\ No Person shall be a Representative who shall not have attained to the Age of twenty five Years, * * *. [[Page 6]] A Member-elect not being of the required age, was not enrolled by the Clerk and he did not take the oath until he had reached the required age (I, 418). <<NOTE: Sec. 10. Citizenship as a qualification of the Member.>> * * * and been seven Years a Citizen of the United States, * * *. Henry Ellenbogen, Pa., had not been a citizen for seven years when elected to the 73d Congress, nor when the term commenced on March 4, 1933. He was sworn at the beginning of the second session on January 3, 1934, when a citizen for seven and one-half years (see H. Rept. 1431 and H. Res. 370, 73d Cong.). A native of South Carolina who had been abroad during the Revolution and on his return had not resided in the country seven years, was held to be qualified as a citizen (I, 420). A woman who forfeited her citizenship through marriage to a foreign subject and later resumed it through naturalization less than seven years prior to her election, was held to fulfill the constitutional requirement as to citizenship and entitled to a seat in the House (VI, 184). A Member who had long been a resident of the country, but who could not produce either the record of the court nor his final naturalization papers, was nevertheless retained in his seat by the House (I, 424). <<NOTE: Sec. 11. Inhabitancy as a qualification of the Member.>> * * * and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. The meaning of the word ``inhabitant'' and its relation to citizenship has been discussed (I, 366, 434; VI, 174), and the House has held that a mere sojourner in a State was not qualified as an inhabitant (I, 369), but a contestant was found to be an actual inhabitant of the State although for sufficient reason his family resided in another State (II, 1091). Residence abroad in the service of the Government does not destroy inhabitancy as understood under the Constitution (I, 433). One holding an office and residing with his family for a series of years in the District of Columbia exclusively was held disqualified to sit as a Member from the State of his citizenship (I, 434); and one who had his business and a residence in the District of Columbia and had no business or residence in Virginia was held ineligible to a seat from that State (I, 436). One who had a home in the District of Columbia, and had inhabited another home in Maryland a brief period before his election, but had never been a citizen of any other State, was held to be qualified (I, 432). Also a Member who had resided a portion of a year in the District of Columbia, but who had a home in the State of his citizenship and was actually living there at the time of the election, was held to be qualified (I, 435). In the Updike v. Ludlow case, 71st Congress, it was decided that residence in the District of Colum [[Page 7]] bia for years as a newspaper correspondent and maintenance there of church membership were not considered to outweigh payment of poll and income taxes, ownership of real estate, and a record for consistent voting in the district from which elected (VI, 55), and in the same case excuse from jury duty in the District of Columbia on a plea of citizenship in the State from which elected and exercise of incidental rights of such citizenship, were accepted as evidence of inhabitancy (VI, 55). Whether Congress <<NOTE: Sec. 12. Qualifications other than those specified by the Constitution.>> may by law establish qualifications other than those prescribed by the Constitution has been the subject of much discussion (I, 449, 451, 457, 458, 478); but in a case wherein a statute declared a Senator convicted of a certain offense ``forever thereafter incapable of holding any office of honor, trust, or profit under the Government of the United States,'' the Supreme Court expressed the opinion that the final judgment of conviction did not operate, ipso facto, to vacate the seat or compel the Senate to expel or regard the Senator as expelled by force alone of the judgment (II, 1282). Whether the House or Senate alone may set up qualifications other than those of the Constitution has also been a subject often discussed (I, 414, 415, 443, 457, 458, 469, 481, 484). The Senate has always declined to act on the supposition that it had such a power (I, 443, 483), and during the stress of civil war the House of Representatives declined to exercise the power, even under circumstances of great provocation (I, 449, 465). But later, in one instance, the House excluded a Member-elect on the principal argument that it might itself prescribe a qualification not specified in the Constitution (I, 477). The matter was extensively debated in the 90th Congress in connection with the consideration of resolutions relating to the seating of Representative-elect Adam C. Powell of New York (H. Res. 1, Jan. 10, 1967, p. 14; H. Res. 278, Mar. 1, 1967, p. 4997). The exclusion of Mr. Powell was the subject of litigation reaching the Supreme Court of the United States. In Powell v. McCormack, 395 U.S. 486 (1969), the Court found that the power of Congress to judge the qualifications of its Members was limited to an examination of the express qualifications stated in the Constitution. It has been decided by the House and Senate that no State may add to the qualifications prescribed by the Constitution (I, 414-416, 632); and the Supreme Court so ruled in U.S. Term Limits, Inc., v. Thorton, 63 U.S.L.W. 4413 (1995). There, the Court held that States may not ``change, add to, or diminish'' constitutional qualifications of Members, striking down a State statute prohibiting three-term incumbents from appearing on the general election ballot. For qualifications generally, see Deschler's Precedents, vol. 2, ch. 7, secs. 9-14. For expulsion of seated Members, which requires a two-thirds vote rather than a majority vote, see article I, section 5, clause 2 (Sec. 62, infra). [[Page 8]] Both Houses of <<NOTE: Sec. 13. Minority candidate not seated when returned Member is disqualified.>> Congress have decided, when a Member- elect is found to be disqualified, that the person receiving the next highest number of votes is not entitled to the seat (I, 323, 326, 450, 463, 469; VI, 58, 59), even in a case wherein seasonable notice of the disqualification was given to the electors (I, 460). In the event of the death of a Member-elect, the candidate receiving the next highest number of votes is not entitled to the seat (VI, 152). \3\ [Representatives and direct <<NOTE: Sec. 14. The old provision for apportionment of Representatives and direct taxes.>> Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.] * * * The part of this clause relating to the mode of apportionment of Representatives was changed after the Civil War by section 2 of the 14th amendment and as to taxes on incomes without apportionment, by the 16th amendment. * * * The actual <<NOTE: Sec. 15. Census as a basis of apportionment.>> Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode- Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland [[Page 9]] six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. The census has been taken decennially since 1790, and, with the exception of 1920, was followed each time by reapportionment. In the First Congress the House had 65 Members; increased after each census, except that of 1840, until 435 was reached in 1913 (VI, 39, 40). The Act of June 18, 1929 (46 Stat. 26), as amended by the Act of November 15, 1941 (55 Stat. 761), provides for reapportionment of the existing number (435) among the States following each new census (VI, 41-43; see 2 U.S.C. 2a). Membership was temporarily increased to 436, then to 437,
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