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CHAPTER XXIII.

POWERS OF CONGRESS, ETC.

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1. To Decide who are its Members. If a Legislature is to be truly independent, it must have the power to determine who are its members, and which of two claimants for any seat is really entitled to hold it.

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quently, each House is the sole judge of the elections, returns, and qualifications of its members. It appoints committees on contested elections, and these consider the evidence brought by each claimant, and report in favor of the one they think entitled to the seat. The action of the House on this report is decisive, and no appeal can be taken from it. (U. S. Const. Art. I., Sec. 5, Par. 1.)

2. To Adjourn and Compel Attendance of Members. — The Houses have the necessary powers given them to adjourn their sessions from day to day, and to make a final adjournment known as an adjournment sine die, or without day of reassembling. They may also compel the attendance of absent members, in such manner and under such penalties as they desire. If a quorum is wanting, the House may proceed to direct the Sergeantat-arms to summon the absent members, and, if necessary, to compel their attendance. Without these powers Congress could not transact business. (U. S. Const. Art. I., Sec. 5, Par. 1.)

3. Self-Government.

Each House may determine

the rules of its proceedings. The Senate rules remain from session to session until they are changed. The House of Representatives makes a new set of rules for each Congress, since it is a new body. It generally accepts the rules of the previous house with little change. Not only may each House determine its own rules, but it may also punish its members for disorderly behavior, and, by a two-thirds vote, may expel a member. A large vote is wisely made necessary for so severe a step. (U.S. Const. Art. I., Sec. 5, Par. 2.)

4. To Investigate the Administration. Congress frequently appoints Committees to investigate the administration of some part of the government. In this way control is kept by the representatives of the people. These Committees may call witnesses before them and send for papers.

5. Passage of Laws.- (a) Revenue bills: The passage of laws and the raising of revenue for the support of government are the main purposes of legislatures. Bills for raising revenue must originate in the House of Representatives, but may be rejected or amended by the Senate. The reason for providing that the lower House must first pass such bills is that in England and in the colonies the corresponding branch of the Legislature represented the people, and so claimed the right of voting the people's money. From that fact the framers of the Constitution continued the rule to which they had been accustomed. Appropriation bills which provide how the money shall be spent may originate in either House; but in practice are always passed first

by the Representatives. (U.S. Const. Art. I., Sec. 7, Par. 1.)

(b) Method of passage: Any bill, except a revenue bill, may be introduced in either House, and must be read three times, and passed by each House. The procedure is much the same as in the State Legislature. The bill is sent then to the President, and signed by him, if he approve of it. He may not fully approve of it, and yet be unwilling to veto the bill. In that case he may retain the bill in his possession until ten days have passed (Sundays excepted), when it will become a law, in the same way as if he had signed it. If Congress have adjourned before the ten days have been passed after a bill is sent to the President, the bill fails, unless the President has signed it. It is intended that he shall have ten days in which to consider and veto the bill, if he see fit, and Congress cannot deprive him of that right. The President may not sign bills after Congress has adjourned. Every order, resolution, or vote on which the Senate and the House of Representatives must agree, except a vote to adjourn, must be presented to the President, just as if it were a bill, and is treated by him in the same way. Resolutions differ little from bills except in their form, and if the resolutions did not have to be submitted to the President, bills might really be passed without his consent. Mr. Jefferson distinguished an order from a resolution or resolve thus: "When the House commands, it is by an order. But facts, principles, and their own opinions and purposes are expressed in the form of resolutions." Bills have what is known as an enacting clause: "Be it enacted

by the Senate and House of Representatives." Resolutions have instead this clause: "Resolved by the Senate and House of Representatives." (U. S. Const. Art. I., Sec. 7, Pars. 2 and 3.) Amendments to the Constitution need not be presented to the President for signature.

(c) Veto: If the President disapprove of a bill, he shall return it, with his objections, to that House in which it was first introduced. The objections must be entered at large, that is, in full, on the journal and the bill must be reconsidered. If after such reconsideration two-thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law, in spite of the President's objections and disapproval. The yeas and nays must be taken in each House, and entered on the journals in all such cases. Orders, resolutions, and votes of Congress which meet the disapproval of the President are treated in the same way. Of course, if either House does not vote in favor of the bill by two-thirds vote, the objections of the President stand, and the bill fails. (U. S. Const. Art. I., Sec. 7, Pars. 2 and 3.)

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a National government should have a National capital, and that this capital should not be under the control, nor in the territory of any State, but should be subject to the National authority alone. The Constitution recognizes this, and authorizes Congress to exercise exclusive legislation in all cases whatsoever over such district (not

exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the Government of the United States. In 1788 Maryland offered to cede a Federal district on the Potomac. The next year Virginia agreed to join in the cession, which was accepted by Congress in 1790. About sixty-five miles were taken from Maryland, and the rest from Virginia. The Virginia part of the District was given back in 1846, so that the District is entirely on soil formerly belonging to Maryland. The name of District of Columbia was given it in honor of the discoverer of America. Congress governs it through a Board of three Commissioners appointed by the President, and pays half the expenses of the local government. The people in the District have no right of suffrage. (U. S. Const. Art. I., Sec. 8, Par. 17.)

7. Taxation. We have seen that one of the great causes of the failure of the Confederation was the lack of a power to tax. The new Constitution determined that Congress should have sufficient taxing power. Congress may lay and collect taxes to pay the debts and provide for the common defence and general welfare of the United States. No imposition is legal, except for these purposes. (U.S. Const. Art. I., Sec. 8, Par. 1.)

Direct

8. Direct Taxes. Direct taxes must be apportioned among the several States, according to the population as determined by the census every ten years. taxes have not been often used by the Federal Government, which wisely has left this field of revenue to the States. It is not very clear what is meant by a direct

tax.

Taxes on persons, on land, and on incomes have

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