THE CONSTITUTION. The preamble7 We the People 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. EDITORIAL NOTES In May, 1785, a committee of Continental Congress made a report recommending an alteration in the Articles of Confederation, but no action was taken on it, and it was left to the State Legislatures to proceed in the matter. In January, 1786, the Legislature of Virginia passed a resolution providing for the appointment of five commissioners, who, or any three of them, should meet such commissioners as might be appointed in the other States of the Union, at a time and place to be agreed upon, to take into consideration the trade of the United States; to consider how far a uniform system in their commercial regulations may be necessary to their common interest and their permanent harmony; and to report to the several States such an act, relative to this great object, as, when ratified by them, will enable the United States in Congress effectually to provide for the same. The Virginia commissioners, after some correspondence, fixed the first Monday in September as the time, and the city of Annapolis as the place for the meeting, but only four other States were represented, viz: Delaware, New York, New Jersey, and Pennsylvania; the commissioners appointed by Massachusetts, New Hampshire, North Carolina, and Rhode Island failed to attend. Under the circumstances of so partial a representation, the commissioners present agreed upon a report (Drawn by Mr. Hamilton, of New York), expressing their unanimous conviction that it might essentially tend to advance the interests of the Union if the States by which they were respectively delegated would concur, and use their endeavors to procure the concurrence of the other States, in the appointment of commissioners to meet at Philadelphia on the second Monday of May following, to take into consideration the situation of the United States; to devise such further provisions as should appear to them necessary to render the Constitution of the Federal Government adequate to the exigencies of the Union; and to report such an act for that purpose to the United States in Congress assembled as, when agreed to by them and afterwards confirmed by the Legislatures of every State, would effectually provide for the same. Congress, on Feb. 21, 1787, adopted a resolution (Journals of Continental Congress, vol. 32, pp. 7172) in favor of a convention, and the Legislatures of those States which had not already done so (with the exception of Rhode Island) promptly appointed delegates. On May 25, 1787, seven States having convened, George Washington, of Virginia, was unanimously elected President, and the consideration of the proposed constitution was commenced. On September 17, 1787, the Constitution as engrossed and agreed upon was signed by all the members present, except Mr. Gerry, of Massachusetts, and Messrs. Mason and Randolph, of Virginia. The president of the convention transmitted it to the Continental Congress, with a resolution stating how the proposed Federal Government should be put in operation, and an explanatory letter. On Sept. 28, 1787, (Journals of Continental Congress, vol. 33, p. 549) Congress directed the Constitution so framed, with the resolutions and letter concerning the same, to "be transmitted to the several Legislatures in order to be submitted to a convention of delegates chosen in each State by the people thereof, in conformity to the resolves of the convention." On Mar. 4, 1789, the day which had been fixed for commencing the operations of Government under the new Constitution, it had been ratified by the conventions chosen in each State to consider it, as follows: Delaware, December 7, 1787; Pennsylvania, December 12, 1787; New Jersey, December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia, June 26, 1788; and New York, July 26, 1788. On January 28, 1790, the President informed Congress that North Carolina had ratified the Constitution on November 21, 1789; and he informed Congress on June 1, 1790, that Rhode Island had ratified the Constitution May 29, 1789. Vermont, in convention, ratified the Constitution on January 10, 1791, and was, by an act of Congress approved February 18, 1791, ch. 7, 1 Stat. 191, "received and admitted into this Union as a new and entire member of the United States." ARTICLE İ. Section. 1. Legislative powers vested in Congress All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. CASE NOTES The Delegation of legislative power.- "The wellknown maxin 'Delegata potestas non potest delegari, applicable to the law of agency in the general and common law, is well understood and has had wider application in the construction of our Federal and State Constitutions than it has in private law. Federal Constitution and State Constitutions of this country divide the governmental power into three branches. The first is the legislative, the second is the executive, and the third is the judicial, and the rule is that in the actual administration of the government Congress or the Legislature should exercise the legislative power, the President or the State executive, the Governor, the executive power, and the Courts or the judiciary the judicial power', and in carrying out that constitutional division into three branches it is a breach of the National fundamental law if Congress gives up its legislative power and transfers it to the President, or to the Judicial branch, or if by law it attempts to invest itself or its members with either executive power or judicial power. This is not to say that the three branches are not co-ordinate parts of one government and that each in the field of its duties may not invoke the action of the two other branches in so far as the action invoked shall not be an assumption of the constitutional field of action of another branch. In determining what it may do in seeking assistance from another branch, the extent and character of that assistance must be fixed according to common sense and the inherent necessities of the governmental coordination." (Hampton & Co. v. United States, 276 U.S. 394, 405-406, Apr. 9, 1928. See also Ex parte Grossman, 267 U.S. 87, 119-120, Mar. 2, 1925.) The Congress may make the revival of an act depend upon a future event, and direct that the event be made known by a future proclamation of the President. (The Aurora, 7 Cr. 382, Feb. Term, 1813.) "Of course, Congress cannot constitutionally delegate to the president legislative powers, but it may in conferring powers constitutionally exercisable by him, prescribe, or omit prescribing, special rules of their administration; or may specially authorize him to make the rules. When congress neither prescribes them, nor expressly authorizes him to make them, he has the authority inherent in the powers conferred, of making regulations necessarily incidental to their exercise, and of choosing between legitimate alternative modes of their exercise. " (McCall's Case, 15 Fed. Cas. 1225, 1230, No. 8, 669, Mar. 27, 1863.) "The Constitution provides that 'All legislative powers here in granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.' Art. I, 1. And the Congress is empowered 'To make all laws which shall be necessary and proper for carrying into execution' its general powers. Art. I, §8, par. 18. The Congress manifestly is not permitted to abdicate, or to transfer to others, the essential legislative junctions with which it is thus vested. Undoubtedly legislation must often be adapted to complex conditions involving a host of details with which the national legislature cannot deal directly. The Constitution has never been re garded as denying to the Congress the necessary re- Elevator Co., 287, U. S. 77, Nov. Schechter Poultry Corp. v. United 495, May 27, 1935; Yakus v. United 414, Mar. 27, 1944; Bowles v. Will503, Mar. 27, 1944; Lewis Pub. Co. 13, Aug. 20, 1910; 21 Op. Atty. Gen. Section 2. Clause 1. Election of Representatives.7 The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. Clause 2. Qualifications of Representatives. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Clause 3. Apportionment of Representatives and direct taxes Representatives and direct 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 actual 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 Planations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. EDITORIAL NOTE The first sentence of this clause was superseded, as to the mode of apportionment of represent atives among the several States, by the Fourteenth Amendment, and as to taxes on incomes without apportionment, by the Sixteenth Amendment. Clause 4. Filling of vacancies in House of Representatives. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. Clause 5. Officers of House of Representatives; impeaching power of House of Representatives. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. Section. 3. Clause 1. Number and election of Senators. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. EDITORIAL NOTE This clause was superseded by the Seventeenth Amendment. Clause 2. Term of Senators and filling of vacancies. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that onethird may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. EDITORIAL NOTE This clause was superseded, in part, by the Seventeenth Amendment. Clause 3. Qualifications of Senators. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. Clause 4. The Vice-President and his vote. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. Clause 5. Officers of the Senate. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. Clause 6. Trial by Senate of impeachments. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Clause 7. Judgment in cases of impeachment. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Section. 4. Clause 1. Holding of elections for Senators and Representatives The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. Clause 2. Annual session of Congress. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. EDITORIAL NOTE This clause was superseded by the Twentieth Amendment. Section. 5. Clause 1. Regularity of elections, quorum to do business, etc. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum 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. CASE NOTE Acts of member not legally elected. A member of Congress who has actually been seated is a de facto member, and an act performed by him as such (the nomination of a candidate for appointment as a midshipman at the Naval Academy) is valid, although Clause 2. Rules of proceedings; punishment of members. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. CASE NOTE Rules of proceedings. "Neither do the advantages or disadvantages, the wisdom or folly, of such a rule present any matters for judicial consideration. With the courts the question is only one of power. The Constitution empowers each house to determine its rules of proceedings. It may not by its rules ignore constitutional restraints or violate fundamental rights, and there should be a reasonable relation between the mode or method of proceeding established by the rule and the result which is sought to be attained. But within these limitations all matters of method are open to the determination of the house, and it is no impeachment of the rule to say that some other way would be better, more accurate or even more just. It is no objection to the validity of a rule that a different one has been prescribed and in force for a length of time. The power to make rules is not one which once exercised is exhausted. It is a continuous power, always subject to be exercised by the house, and within the limitations suggested, absolute and beyond the challenge of any other body or tribunal." (United States v. Ballin, 144 U. S. 1, 5, Feb. 29, 1892. See also United States v. Smith, 286 U.S. 6, May 2, 1932.) Clause 3. Journal of proceedings. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. Clause 4. Temporary adjournments. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. CASE NOTE Meaning of "adjourn". The use of the word "adjourn" in this clause in connection with threeday recesses would indicate that the words "adjourn" and "adjournment" as used in other clauses of the Section. 6. Clause 1. Compensation and privilege of Senators and Representatives. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. CASE NOTES Privilege of Senators and Representatives."The words 'treason, felony, and breach of the peace' were used by the framers of the Constitution in Sec. 6, Art. I, and should be construed, in the same sense as those words were commonly used and understood in England as applied to the parliamentary privilege, and as excluding from the privilege all arrests and prosecutions for criminal offenses, and confining the privilege alone to arrests in civil cases. (Williamson v. United States, 207 U. S. 425, Jan. 6, 1908.) The privilege from arrest does not exempt Senators and Representatives from being served with, and required to obey, a subpoena in a criminal case. (United States v. Cooper, 25 Fed. Cas. 626, No. 14,861, Dec. Term, 1855.) Defamatory words uttered during a speech in the United States Senate Chamber are absolutely privileged, notwithstanding allegations that they were not spoken in discharge of a Senator's official duties. (Cochran v. Couzens, 42 F.2d 783, June 2, 1930, cert. den., 282 U.S. 874, Oct. 20, 1930.) Under the act of Feb. 16, 1909, ch. 131, secs. 11 and 12, 35 Stat. 621-622, a court of inquiry is empowered to subpoena a Representative attending a session of Congress, but if he refuses to appear, he can not be compelled to do so owing to the fact that under this clause of the Constitution he would be privileged from arrest for the misdemeanor so committed. (Court of Inquiry Rec. No. 5203, pp. 1281-1286, 1293-1294, 1339-1343, 1363-1365, 1422.) Clause 2. Appointment of Senators or Representatives to other offices. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. and which I see no occasion to disturb) Members of Section. 7. Clause 1. Bills for raising revenue. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Clause 2. Approval and disapproval of bills by President. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. 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. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill'shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. erly been the practice of the President to inform A bill signed by the President within ten days (Sundays excepted) after being presented to him, but after the final adjournment of the Congress that passed it, becomes a law. (Edwards v. United States, Accord: 286 U.S. 482, May 31, 1932. 32 Op. Atty. Gen. 225, June 19, 1920; 36 Op. Atty. Gen. 403, Mar. 4, 1931.) A bill which had originated in the Senate was vetoed by the President and returned with his objections to the Senate during a three-day adjournment of that body. The House of Representatives was in session at the time. The bill with the President's message was received by the Secretary of the Senate, and submitted by him to the Senate when it reconvened. The issue presented was whether the veto was effective in view of the fact that the President's objection had not been received within the ten-day period by the originating house while in session. Held, that an adjournment of the Congress prevents a return of the bill by the President within the period of ten days allowed for that purpose, but that since the Senate alone had adjourned, the constitutional provision did not apply and the veto was effective. (Wright v. United States, 302 U.S. 583, Jan. 17. 1938.) Under this provision of the Constitution, a bill which is passed by both Houses of Congress during the first regular session of a particular Congress and presented to the President less than ten days (Sundays excepted) before the adjournment of that session, but is neither signed by the President nor returned by him to the House in which it originated, does not become a law. When the adjournment of Congress prevents the return of a bill within the allotted time, the failure of the bill to become a law cannot properly be ascribed to the disapproval of the President, but is attributable solely to the action of Congress in adjourning before the time allowed the President for returning the bill had expired. The term "adjournment, as used in this constitutional provision, is not limited to the final adjournment of the Congress. (Focket Veto Case, 279 U.S. 655, May 27, 1929.) Failure by the President to return bills which were presented to him before and after the adjournment of Congress from July 8, 1943, to Sept. 14, 1943, during a session of Congress, would result in their being pocket vetoed and not becoming law. (40 Op. Atty. Gen., No. 70, July 16, 1943.) Clause 3. President's action on joint resolutions. Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. Section. 8. The Congress shall have Power Clause 1. Power to lay and collect taxes, imposts and excises; power to pay debts; power to provide for common defense and general welfare; rule of uniformity To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; EDITORIAL NOTE In connection with this clause, see the Sixteenth Amendment and the following judicial decisions on the subject of taxation: Hylton v. United States, 3 Dall. 171, Feb. Term, 1795; The License Tax Cases, 5 Wall. |