5. What is the function of the Commissioner of Patents? (Guitteau, page 319.)
6. What are the duties of the Commissioner of Education, under the Secretary of the Interior? (Guitteau, page 320.)
7. Name some of the more important boards and commissions created during the World War. (Guitteau, pages 325-326.)
8. Compare our Department of the Interior with the Department of the Interior in France. (Munro, pages 136-137.)
9. What is meant by the statement that the National administration is decentralized? (Munro, page 142.)
10. Describe briefly the work of the Civil Service Commission. (Beard, pages 222-224.)
1. Membership of the President's Cabinet at the present time.
2. The biography of some one member of the President's Cabinet.
3. The work of some bureau or department in the National administration. (Reports on the work of the various departments may be secured by writing to the respective departments at Washington, D. C. See also Fairlie,The National Administration of the United States of America.)
4. Compare the National administration with the administrative department in your state, with respect to
(a) Scope of work
(b) Centralization
(c) Efficiency
(d) Control by the people.
5. Evolution of the executive. (Gettell,Introduction to Political Science, chapter xix.)
6. Functions of the Federal executive. (Kimball,The National Government of the United States, chapter x.)
7. A history of the President's Cabinet. (Consult an encyclopedia.)
8. Membership of the Cabinet. (Fairlie,The National Administration of the United States, chapter iv.)
9. An Englishman's view of the American Cabinet. (Bryce,The American Commonwealth, vol. i, chapter ix.)
10. The Department of State. (Fairlie,The National Administration of the United States, chapter vi.)
11. The Department of the Treasury. (Fairlie,The National Administration of the United States, chapters vii and viii.)
12. The Department of War. (Fairlie,The National Administration of the United States, chapter ix.)
13. The Department of the Navy. (Fairlie,The National Administration of the United States, chapter x.)
14. The Department of Justice. (Fairlie,The National Administration of the United States, chapter xi.)
15. The Post Office Department. (Fairlie,The National Administration of the United States, chapter xii.)
16. The Department of the Interior. (Fairlie,The National Administration of the United States, chapters xiii and xiv.)
17. The Department of Agriculture. (Fairlie,The National Administration of the United States, chapter xv.)
18. The Department of Commerce. (Fairlie,The National Administration of the United States, chapter xvi.)
19. The Department of Labor. (Fairlie,The National Administration of the United States, chapter xvi.)
20. The American Cabinet compared with the English Cabinet, (See Munro,The Government of the United States, pages 143-145.)
21. Should the President be obliged to act in accordance with the wishes of a majority of his Cabinet?
22. To what extent should promotion in the civil service be on the basis of length of service? To what extent should promotion be determined by periodic examinations?
23. Do you favor the creation of a new executive department, to be called the Department of Public Welfare?
534. CONGRESS CONSISTS OF TWO HOUSES.—The National legislature, or Congress, consists of a Senate or upper chamber, and a House of Representatives or lower chamber.
Several factors are responsible for this division of Congress into two houses. Undoubtedly the framers of the Constitution were influenced by the fact that the British Parliament and nearly all of the colonial legislatures consisted of two houses. A second factor is that in the opinion of the Fathers, a two-chambered legislature would allow each house to act as a check upon the other. Finally, the creation of a two-chambered legislature was necessary in order to reconcile the conflicting desires of the large and the small states. During the Constitutional Convention two opposing factions were brought together by the creation of a two-chambered legislature, in the upper house of which the states were to be represented equally, and in the lower house of which representation was to be on the basis of population.
535. TERM AND QUALIFICATIONS OF SENATORS.—Two Senators are chosen from each state, regardless of population. The senatorial term is six years. In order to make the Senate a permanent body, membership is so arranged that one third of the Senators retire every two years. The Federal Constitution provides that Senators must be at least thirty years of age. In addition, a Senator must have been nine years a citizen of the United States, and he must be an inhabitant of the state from which he is chosen. The Senate alone is judge of the qualifications of its members.
With respect to the Senate, two disqualifications are imposed by the Federal Constitution. No one holding a Federal office may stand for election as Senator. Nor may any person become a Senator who has taken part in a rebellion against the United States after having taken an oath as a government officer to support the Constitution.
536. THE ELECTION OF SENATORS.—Previous to 1913 Senators were chosen by the various state legislatures, according to the provisions of the Federal Constitution. [Footnote: Article I, Section III.] This method proved unsatisfactory. Demoralizing political battles often took place in the state legislatures in the effort to select the states' Senators to Congress. Sometimes, even after a long struggle, no candidate was able to secure a majority, and a deadlock occurred. Thus, on the one hand, a state might be deprived of representation in the Senate for weeks or months, while, on the other hand, the attention of the legislature was so distracted by the senatorial struggle that purely state interests suffered. As the result of a long agitation growing out of these evils, the Federal Constitution was amended (1913) to permit the direct election of Senators.
Since 1913, then, any person may vote directly for Senator who, under the laws of his state, is qualified to vote for members of the more numerous branch of the state legislature. When, for any reason, a vacancy occurs in the representation of any state in the Senate, the Governor of the state issues a writ of election to fill such vacancy. Provided the state legislature grants the authority, the Governor also may appoint some person to serve as Senator until the vacancy is filled by popular election. Senators are generally reflected, and at the present time the average term of service is not six, but about twelve years.
537. PRIVILEGES AND IMMUNITIES OF SENATORS.—By the terms of the Constitution, Senators are paid out of the national treasury an amount to be determined by statute. At present both Senators and members of the House of Representatives receive $7500 a year, plus an allowance for travelling expenses, clerk hire, and stationery. Except in case of treason or breach of the peace, Senators and Representatives are immune to arrest during attendance at the sessions of their respective houses, and in going to and returning from the same. Both Senators and Representatives likewise enjoy freedom of speech and debate in their respective houses. In either chamber only the house itself may call members to account for their statements during the legislative session. No member of Congress may be prosecuted in the courts for libel or slander on account of statements made in Congress, or for the official publication of what he has said during the legislative session.
B. THE HOUSE or REPRESENTATIVES
538. MEMBERSHIP OF THE HOUSE.—Since the Senate is composed of two Senators from each state, its membership has been relatively stable. For a number of years there have been 96 Senators, two for each of the forty-eight states of the Union.
The membership of the House of Representatives, on the other hand, is steadily increasing, because based upon population. The number of Representatives to which any state is entitled depends upon its population as ascertained every ten years by a Federal census. After each census Congress determines the number of Representatives of which the House shall consist. The population of the United States is then divided by this number, and the quotient is taken as the ratio of representation. The population of each state is then divided by this ratio to discover the number of Representatives to which it is entitled. As a single exception to this rule, the Constitution provides that each state shall have at least one Representative regardless of population. Thus Nevada, Arizona, Wyoming, and Delaware are entitled to one Representative, whereas according to the above rule they would now be denied representation.
The present membership of the House of Representatives is 435.
539. WHO MAY VOTE FOR REPRESENTATIVES.—The Federal Constitution provides that members of the House of Representatives shall be chosen by persons who, in their respective states, are qualified to vote for members of the more numerous branch of the state legislature. Most male and female citizens over twenty-one years of age may vote for members of this more numerous branch, and hence for Representatives to Congress. In a number of states, however, educational, property and other qualifications are imposed. Certain types of criminals, the insane, and the otherwise defective are regularly excluded. [Footnote: For a fuller discussion of the suffrage, see Chapter XXXIII.]
540. QUALIFICATIONS OF REPRESENTATIVES.—The Federal Constitution declares that a Representative must be at least twenty-five years of age. He must have been a citizen for at least seven years, and at the time of his candidacy must also be an inhabitant of the state from which he is chosen. The House itself determines whether or not these qualifications have been met. No state may add to the constitutional qualifications, but through the force of custom a Representative is almost always a resident of the district which he is chosen to represent.
541. ELECTION OF REPRESENTATIVES.—The Federal Constitution permits the legislatures of the several states to regulate the time, manner and place of elections for its Representatives to Congress.
However, the Constitution reserves to Congress the right to alter these regulations at its discretion. This right has been exercised several times. Congressional statute has provided that Representatives shall be elected on the Tuesday following the first Monday in November of even-numbered years, and that the election shall be by written or printed ballot. It is also in accordance with Congressional statute that Representatives are selected on the district plan, one Representative being chosen from each Congressional district in the state. Congress has furthermore provided that these districts shall be of as nearly equal population as possible, and that they shall be composed of "compact and contiguous territory."
542. THE CONGRESSIONAL DISTRICT.—Subject to the above limitations the legislature of each state may determine the boundaries of its Congressional districts. The state legislature finds it necessary to redistrict the state if the decennial census shows that the population of the state has increased unequally in various sections, or in case the apportionment act of Congress changes the state's representation.
In many cases states have redistricted their territory for illegitimate reasons. The Federal provision with reference to contiguous territory has been loosely interpreted: in many cases territory is held to be contiguous if it touches the district at any point. The requirement that districts shall be of nearly equal population has often been disregarded altogether. Since the state legislature is controlled by the political party having a majority, the dominant party can arrange the district lines so as to secure a party majority in the greatest possible number of districts. This is done by concentrating the opposition votes in a few districts which would be hostile under any circumstances, and so grouping the remaining votes as to insure for the dominant party a majority in numerous districts.
543. GERRYMANDERING.—The result of this illegitimate redistricting has been to create districts of great irregularity. In 1812, when Elbridge Gerry was Governor of Massachusetts, the Republican party was in control of the state legislature. In districting the state so as to win for themselves as many districts as possible, the Republicans gave one of the Congressional districts a dragon-like appearance. To the suggestion of a famous painter that this looked like a salamander, a local wit replied that it was more nearly a Gerrymander. The term "gerrymander" has since continued to be used to designate this type of illegitimate redistricting. [Footnote: For the relation of gerrymandering to the problem of minority representation, see Chapter XXXV.]
544. TERM OF REPRESENTATIVES.—Representatives are elected for two years, the legal term commencing on the 4th of March following the election. Except in the case of a special session, the actual service of Representatives does not commence until the first Monday in December, thirteen months after election. Members are frequently reŰlected, the average term being about four years. When for any reason a vacancy occurs in the representation from any state, the Governor may, on the authority of the Federal Constitution, issue a writ of election to fill the vacancy. A special election is then held in the district in which the vacancy has occurred, and the Representative so chosen serves for the remainder of the term. [Footnote: The privileges and immunities of Representatives are similar to those of Senators. See Section 537 of this chapter.]
545. SPECIAL POWERS OF THE SENATE.—Of the three powers exercised exclusively by the Senate, the power to approve treaties is one of the most important. All treaties negotiated by the President must be approved by a two-thirds vote of the Senate before becoming law. The treaty may be approved or rejected as a whole, or it may be rejected in part, and additional articles recommended as amendments. If changed in form or content by the Senate the treaty does not become law until both the President and the foreign power have assented to the amendment or change.
In order to become valid, a large number of Presidential appointments must receive the approval of the Senate. [Footnote: See Chapter XL, Section 518.]
The Senate exercises a special judicial function in that it may sit as a court of impeachment for the trial of persons whom the House of Representatives has formally charged with treason, bribery, or other high crimes and misdemeanors. Excluding military and naval officers, who are tried by court-martial, and excluding also members of Congress, who are subject only to the rules of their respective houses, all Federal officers are subject to impeachment. Impeachment requires a two-thirds vote of the Senators present. Removal from office and disqualification to hold any office under the United States is the heaviest penalty which can be imposed upon an impeached official.
546. SPECIAL POWERS OF THE HOUSE.—The House likewise enjoys three special powers.
One of these is the right to elect a President of the United States in case no candidate has a majority of the electoral votes. This has happened only twice, in 1800, and again in 1824.
The Federal Constitution provides that all revenue bills must originate in the lower house. However, the Senate has come to share this power through its power to amend such bills.
The House of Representatives has the sole power to prefer charges of impeachment, that is to say, to present what may be called the indictment against the accused official. The case is then tried before the Senate, the House appointing a committee of its own members to act as the prosecuting agency.
547. GENERAL SURVEY OF THE POWERS OF CONGRESS.—The powers of Congress,i.e.the two houses acting together, are of two kinds: First, express powers, by which is meant those specifically enumerated in the Federal Constitution; and second, implied powers, by which is meant those which are incident to express powers and necessary to their execution. The foundation of the doctrine of implied powers is the constitutional clause [Footnote: Article I, Section VIII, of the Constitution.] which authorizes Congress to make all laws "necessary and proper" for carrying out the powers granted it by the Federal Constitution.
Grouping express and implied powers together, the more important powers of Congress may be summarized as follows:
Revenue and expenditures. Congress has the power to lay and collect taxes, duties, imports, and excises, and to appropriate money in order "to pay the debts and provide for the common defense and general welfare of the United States." But indirect taxes must be uniform throughout the United States, and all direct taxes, except income taxes, must be apportioned among the states according to population. A further limitation is that Congress may not tax exports from any state, nor levy upon the "necessary instrumentalities" of any state government.
National defense. Here the powers of Congress are practically unlimited, except by the constitutional provisions that the President shall be commander-in-chief, and that military appropriations shall not be made for more than two years. Congress can raise and support armies, create and maintain a navy, and provide for the organization and use of the state militia. Congress may also declare war, and make rules concerning captures on land and sea.
Foreign relations. Congress as a body has little direct control over foreign relations, though the Senate shares the treaty-making power with the President. But Congress has the power to create diplomatic and consular posts, as well as "to define and punish piracies and felonies committed on the high seas, and offences against the law of nations." Congress also exercises control over immigration and naturalization.
Economic interests. Congress may regulate commerce with foreign countries, among the several states, and with the Indian tribes. The exclusive power to coin money, and otherwise control the monetary system, is vested in Congress. Congress may make uniform laws on bankruptcy throughout the United States, and fix the standards of weights and measures. The establishment of post offices and post roads, and the protection of authors and inventors through legislation on patents and copyrights, are also functions of Congress.
Territories. Congress has the power to dispose of, and make all needful rules and regulations respecting, the territory or other property belonging to the United States. Congress likewise exercises exclusive control over the District of Columbia, and over all places purchased by the Federal government for the erection of forts, arsenals, and similar buildings. Congress also has the right to determine the admission to the Union of new states, and "to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States."
Crime. In criminal matters the power of Congress is slight. For example, it cannot say what constitutes treason, since that crime is defined by the Constitution. However, Congress may provide for the punishment of counterfeiters and persons committing crimes on the high seas or offences against international law. It may also define certain crimes against Federal law, and prescribe penalties therefor.
Control over the judiciary. The judiciary is an independent branch of government, but Congress may determine the number of Supreme Court judges, fix their salaries within certain limits, and define their appellate jurisdiction. Congress may also determine the jurisdiction, and define the procedure, of the inferior Federal courts.
Implied powers. Last among the powers of Congress is the authority granted to it by the Constitution to make all laws which shall be deemed necessary and proper for carrying into execution the powers expressly granted to Congress by the Constitution. It is under the authority of this clause, that the implied powers of Congress have been so greatly expanded.
1. What influences are responsible for the fact that Congress is a two-chambered body?
2. Discuss the term and qualifications of Senators.
3. How were Senators elected prior to 1913? How are they elected at the present time?
4. What are the chief privileges and immunities of Senators?
5. Discuss the membership of the House of Representatives.
6. What is the nature of the Congressional district?
7. What are the qualifications for Representatives?
8. Who may vote for Representatives?
9. What is gerrymandering?
10. What three powers are exercised exclusively by the Senate?
11. What are the special powers of the House?
12. Under what two heads may the general powers of Congress be classified?
13. Outline briefly the chief powers of Congress.
1. Beard,American Government and Politics, chapter xiii.
2. Guitteau,Government and Politics in the United States, chapters xxii and xxiii.
3. Munro,The Government of the United States, chapter xiv.
4. Reed,Form and Functions of American Government, chapter xxi.
1. What was the Connecticut compromise? (Guitteau, pages 248-249.)
2. Why does the Constitution provide that one third of the Senate shall retire every second year? (Reed, page 255.)
3. What criticism has been brought against the principle of the equal representation of states in the Senate? (Guitteau, page 249.)
4. Compare the growth of the Senate with the growth of the House of Representatives. (Reed, page 258.)
5. What is the relative position of the two houses of Congress? (Reed, pages 257-258.)
6. What is the right to "frank"? (Reed, page 258.)
7. What are the "supplementary" powers of Congress? (Munro, page 217.)
8. What are the powers of Congress with respect to weights and measures? (Beard, page 259.)
9. What was Jefferson's attitude toward the powers of Congress? (Munro, page 209.)
10. What is the scope of the implied powers of Congress? (Munro, page 214.)
1. Congressional districts in your state.
2. The biography of one of the Senators representing your state in Congress.
3. Make a study of your Representatives in Congress, with respect to their age, length of service, political principles, and attitude toward such national questions as the tariff, military defense and taxation.
4. A brief comparison of Congress with your state legislature.
5. Place of the Senate in our National government. (Reinsch,Readings on American Federal Government, pages 127-134.)
6. The House of Representatives in the United States compared with the British House of Commons. (Kaye,Readings in Civil Government, pages 149-155.)
7. Gerrymandering. (Beard,Readings in American Government and Politics, pages 219-220; see any other standard text on American Government.)
8. The immunities of Congressmen. (Cleveland,Organized Democracy, chapter xxvii.)
9. Relation of the two houses of Congress. (Bryce,The American Commonwealth, vol. i, chapter xviii.)
10. The Senate as a judicial body. (Bryce,The American Commonwealth, vol. i, chapter x.)
11. Constitutional limitations on the powers of Congress. (Munro,The Government of the United States, chapter xx.)
12. Relation of Congress to the President. (Bryce,The American Commonwealth, vol. i, chapter xx.)
13. The war powers of Congress. (Any standard text on American government.)
14. The taxing power of Congress. (Any standard text on American government.)
15. Other financial powers of Congress. (Any standard text on American government.)
16. The power to regulate commerce. (Any standard text on American government. An excellent reference is Munro,The Government of the United States, chapter xvii.)
17. The postal powers of Congress. (Young,The New American Government and its Work, chapter xiii.)
18. The control of Congress over territories. (Kimball,The National Government of the United States, chapter xxii. See also any other standard work on American government.)
19. Direct versus indirect election of Senators.
20. To what extent, if to any, should Congressmen consider the needs of their local district as of more importance than the needs of the nation as a whole?
21. Should the interval between the election of Representatives and the meeting of Congress be shortened?
22. Should we retain equal representation of states in the Senate, or should this principle be discarded as "undemocratic"?
548. CONGRESSIONAL SESSIONS.—The Federal Constitution requires Congress to assemble at least once a year, and Congress has provided that the date of meeting shall be the first Monday in December. In addition to such special sessions as may be called either by the President or by Congress itself, there are two regular sessions. One of these is the long session, from December of each odd year until Congress adjourns, generally sometime during the following summer. The other is the short session, beginning when Congress assembles in December of each even year, and ending at noon on the 4th of March following.
The two houses of Congress jointly fix the time for adjournment, but in case they cannot agree upon this point, the President has the right to adjourn them to such time as he thinks fit. During the congressional session, neither house may, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses are sitting. Since 1800 congressional sessions have regularly been held at Washington, D. C., the National capital.
549. INTERNAL ORGANIZATION.—Each house of Congress has the right to determine its own rule of practice, punish members for disorderly conduct, and, by a two-thirds vote, expel a member. Members guilty of acts of violence or abusive language may be punished by a vote of censure, or may be obliged to apologize to the house. For the commission of a grave offense, a Congressman may be expelled from the house to which he was elected.
The Constitution requires that "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 shall, at the desire of one fifth of those present, be entered upon the journal." The object of this is to secure a permanent record of legislative action, as well as publicity of proceedings. The vote by yeas and nays fixes responsibility for his vote upon each member by making it a matter of public record. TheCongressional Record, an official account of Congressional debates and proceedings, appears daily during Congressional sessions. This is supposedly a verbatim report of what is said in each house, but as a matter of fact members are allowed to edit and revise their remarks before these are printed. In the case of the House, many of the published speeches have never been delivered at all.
550. THE OFFICERS OF CONGRESS.—In the House of Representatives the chief officer is the Speaker, or presiding officer. The Speaker is chosen from the membership of the House by that body itself. As will be pointed out shortly, this officer is an important personage.
In the Senate the Vice President of the United States acts as the presiding officer. In the absence of the Vice President, or in case that officer succeeds to the Presidency, the Senate itself chooses a presidentpro temporeto occupy the chair. The presiding officer of the Senate is much less powerful than the Speaker of the House, indeed he is little more than a chairman or moderator.
There are a number of additional officers of Congress, who are chosen by the respective houses from outside their own membership. These officers include a clerk, who in the Senate is called the secretary; the door-keeper; the sergeant-at-arms; the postmaster; and the chaplain. Nominally these officers are chosen by each house, but as a matter of practice the choice is made by the caucus of the majority party, which is held a few days before the organization of each house.
551. THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.—A few days before the organization of the House, the caucus of the majority party settles upon its choice for Speaker. The candidate chosen invariably receives the solid vote of his party in the House, since it is a rule of the caucus that party members who take part in its discussions must abide by its decisions.
As chairman of the House, the Speaker performs the customary duties of a presiding officer. He opens and closes the sittings of the House, maintains order, and decides questions of parliamentary law. The Speaker acts as the official representative of the House in its collective capacity, and authenticates all official proceedings by his signature. It is he who announces the order of business, states the question, and announces the vote. He also has the right to appoint the chairman of the committee of the whole. The Speaker takes part in debate and may also vote.
552. POWER OF THE SPEAKER OVER LEGISLATION.—In addition to performing the customary duties of a presiding officer, the Speaker possesses important powers over legislation. The imperfect organization of the House, and its lack of effective leadership, as well as the vast amount of business coming before it, have tended to centralize much of the legislative power of the House in the hands of this officer.
The Speaker of the House has the power to determine to which committee a bill shall be referred. Thus he may determine the fate of a measure by sending it to a committee which he knows to be hostile to the bill, or to a friendly committee, just as he likes.
It is the Speaker who decides when a member is entitled to the floor, and no motion or speech can be made except by a member who has been duly recognized by the chair. There are a number of unwritten rules in this regard, but in the last analysis the Speaker may recognize only persons whom he desires to have speak. Thus Congressmen who are not of the Speaker's party may be kept from making themselves heard upon important measures. When a bill is before the House, the chairman of the committee in charge of the measure usually hands the Speaker a list of Congressmen who are to be heard upon the floor. By recognizing only those whose names appear on this list, the Speaker may confine the discussion to members who are favored by himself and his party.
The Speaker has the power to decide points of order, and otherwise to deal with such obstructions to legislative business as the filibustering tactics of the minority party. Often this power is exercised in connection with the quorum. The quorum or number of members who must be present in order that business may be transacted, is fixed by the Constitution as a majority of each house. Formerly it was the habit of minority members to remain silent at roll-call, so that if several members of the majority party were absent, it might be that no quorum would appear. In such a case legislative business would be blocked. But in 1890 Speaker Reed adopted the practice, since become invariable, of counting as present members actually in the House, whether or not they respond to their names at roll-call. The Speaker also checks filibustering by disregarding all motions and appeals which he thinks are made simply for the purpose of obstructing legislative business.
553. THE COMMITTEE ON RULES.—Of great importance in the House is the committee on rules. This committee has the power to decide upon the order for considering bills, and to determine the length of debates. It also determines the time when the vote shall be taken. This it does by "reporting a rule," that is to say, by presenting a report as to the time and conditions under which the House shall consider a measure. This report takes precedence over all other business. Thus the fate of a bill may be determined by the committee on rules.
Previous to 1910 this committee consisted of the Speaker, and two majority and two minority members named by the Speaker. But in the 61st Congress, there occurred what has been called the "revolution of 1910." This "revolution" opposed Speaker Cannon's policy of using for personal and partisan purposes his power to appoint the other members of the committee on rules. As the result of a violent agitation the House finally placed marked restrictions upon the Speaker's control over the committee. The membership of the committee on rules was increased, first to ten, and then to twelve. Of these twelve members eight belong to the majority party and four are minority members. The committee is no longer chosen by the Speaker, but is selected by the House itself. The Speaker is even excluded from membership in the committee.
554. THE CONGRESSIONAL COMMITTEE SYSTEM. [Footnote: For a discussion of the advantages and disadvantages of the committee system see Chapter XXXVI.]—In both houses of Congress the assembly is divided into a number of committees, each of which is charged with the consideration of legislation dealing with particular subjects. Previous to 1911 the Speaker appointed all House committees, but since that date all committees have been chosen by the House as a body, though in practice the decisions are made by the caucuses of the majority and minority parties, held just before the organization of the House. Similarly, the Senate chooses its own committees from lists drawn up by the caucuses of the two political parties. In either house, the minority party has such representation upon committees as the majority party chooses to allow. There are in the House more than fifty of these committees, while in the Senate the number is even larger. In the House of Representatives the more important committees are those on rules, ways and means, appropriations, judiciary, banking and currency, interstate and foreign commerce, and rivers and harbors.
B. THE MAKING OF A FEDERAL LAW [Footnote: A more detailed account of the law-making process may be found in Reed,Form and Functions of American Government, Chapter XXII.]
555. HOW LEGISLATION IS INITIATED.—The course of congressional legislation may be illustrated by following a bill through the House of Representatives.
Any member of the House may introduce a bill by filing it with the clerk. The title of the bill is printed in theJournal and Record, this constituting a first "reading." The bill is then delivered to the Speaker, who refers it to the proper committee. Once a bill has been passed to the committee its fate rests largely with that body. The committee may confer with certain administrative officers, listen to individuals interested in the subject, summon and examine other persons, and then reach a decision upon the bill. The committee may amend the bill as it pleases. If unfavorable to the measure, the committee may report it adversely, or too late for legislative action. Indeed, it may even fail to report it at all. Theoretically the House may overrule the committee's decision on a bill, but so generally are the committee's recommendations followed by the House that the adverse action of the committee virtually kills a bill.
556. THE BILL IS REPORTED TO THE HOUSE.—Let us suppose that the committee reports the bill back to the House. The measure is then placed upon a calendar and here awaits its turn, unless the committee on rules sees fit to direct the immediate attention of the House to it. The second reading is an actual and full reading of the bill for the purpose of allowing amendments to be offered. After the second reading, which may result in the adoption of amendments, the Speaker puts the motion, "Shall the bill be engrossed and read a third time?" Debate is then in order. If the vote which follows is in the affirmative, the bill is read a third time, but only by title. The question of passage is put by the Speaker immediately after the third reading.
557. DEBATE UPON THE BILL.—Debate in the House of Representatives has little influence upon most bills, the fate of a measure being practically determined by the committee considering it. Most speeches are frankly intended for political purposes, and for circulation in the Congressional Record, rather than as actual and positive influences upon the bill which is being discussed.
Debate in the House is limited in several ways. No member may spend more than an hour in debate upon any question, except the member in charge of the bill. This member may have an additional hour at the close. In the committee of the whole, speeches are limited to five minutes. No member may speak more than once on the same subject without special permission from the chair. The single exception to this rule is the member who has introduced the bill. Before debate begins, the chairman of the committee in charge of the bill arranges, in consultation with the Speaker, a list of members who are to be heard upon the bill. No other members are ordinarily recognized by the Speaker in the ensuing debate.
After a certain amount of discussion the member in charge of the bill will generally move the previous question in order to cut short the debate and bring the House to a direct vote upon the question.
558. THE VOTE.—In the House voting may be by any one of three methods. Voting may be by "sound of voices." In this case the Speaker calls in turn for the "ayes" and "noes," and decides by the volume of the sound whether the motion has been carried or lost. This is usually the method first employed, but either of the other two methods may be demanded before or after voting by sound of voices has been employed.
Voting may be by tellers. When this is decided upon the members pass between tellers appointed by the Speaker—those in the affirmative first—and are counted. This method requires the demand of one fifth of a quorum.
Voting may be by yeas and nays. In this event, the clerk calls the roll and each member, as his name is reached, answers "aye" or "no," the vote then being recorded. The Constitution provides that one fifth of the members present may demand the yeas and nays. Since it takes a long time to call the roll of the House, demands for roll-calls are frequently employed by minorities with the intent of obstructing legislative business.
559. THE BILL GOES TO THE SENATE.—A bill defeated in the House never reaches the Senate, of course.
But if it receives a majority vote in the House, it is engrossed and sent to the Senate. Here the bill goes through practically the same stages as in the House. [Footnote: In the Senate, however, debate is unlimited.]If the Senate rejects the bill, the measure is dead. If the Senate passes the bill without amendment, it is returned to the House, and enrolled on parchment for signature by the President. If the Senate amends the bill, the bill and the attached amendments are returned to the House. If the House disagrees with the proposed changes, it may either ask for an inter-house conference, or it may simply send a notice of its disagreement to the Senate. In the latter case, the Senate either reconsiders its amendments, or asks for a conference. In case of a conference, each house appoints an equal number of "managers," who arrive at some sort of compromise, and embody this in a report. This report is acted upon by each house in separate session.
560. THE BILL GOES TO THE PRESIDENT.—Bills killed in Congress never reach the President, but a measure duly approved by both houses is then sent to the chief executive for his approval. If he signs it, the bill becomes law. If he does not approve it, he may return it with his objections to the house in which it originated. If this house votes for the passage of the measure by a two-thirds majority, and if this action is concurred in by the other house, the measure becomes law over the veto of the President. If the President neither signs nor returns the measure within ten days, it automatically becomes law. However, measures reaching the President during the last ten days of the congressional session become law only if signed by him. His failure to sign a bill reaching him under these circumstances constitutes a "pocket veto."
1. Distinguish between the two regular sessions of Congress.
2. Describe the internal organization of the houses of Congress.
3. Name and briefly characterize the chief officers of Congress.
4. What are the customary duties of the Speaker of the House?
5. By what means does the Speaker influence legislation?
6. What is the nature and function of the committee on rules? What changes in the character of this committee occurred in 1910?
7. Outline the organization of the Congressional committee system.
8. How may a bill be introduced into the House of Representatives?
9. Outline the steps in enacting a Federal law.
10. Discuss the nature and limits of the Presidential veto.
1. Beard,American Government and Politics, chapter xiv.
2. Guitteau,Government and Politics in the United States, chapter xxiv.
3. Munro,The Government of the United States, chapter xxi.
4. Reed,Form and Functions of American Government, chapter xii.
1. What is the relation of party organization to leadership in Congress? (Beard, pages 267-269.)
2. Discuss the constitutional rights of the minority in the House of Representatives. (Beard, pages 288-289.)
3. What is the influence of the Senate upon our national financial policy? (Munro, pages 307-308.)
4. What are the chief advantages of the committee system? (Guitteau, pages 275-276.)
5. What are the chief defects of this system? (Guitteau, pages 275- 276.)
6. What effect has the practice of unlimited debate in the Senate had upon legislative business? (Beard, pages 275-276.)
7. What is one of the most important defects of Congressional legislation? (Munro, pages 310-311.)
8. What is the "morning hour"? (Reed, page 273.)
9. What is done with a bill which the President has signed? (Reed, page 277.)
10. To what extent is Congress responsive to Public Opinion? (Munro, page 299.)
1. Compare the internal organization of Congress with the organization of your state legislature.
2. Compare the officers of Congress with the officers of your state legislature.
3. Compare the committee system of Congress with the committee system in your state legislature.
4. Compare the practice of debate in the National House of Representatives with the use of debate in the lower house of your state legislature.
5. Compare Congress with your state legislature with respect to volume of legislation.
6. The business of Congress. (McCall,The Business of Congress.)
7. Rules of the Senate. (Manual of the Senate.)
8. The Senate at work. (Bryce,The American Commonwealth, vol. i, chapter xii.)
9. Rules of the House of Representatives. (Manual of the House of Representatives.)
10. The Speaker of the House. (Follett,The Speaker of the House of Representatives.)
11. Leadership in the House. (Beard,American Government and Politics, pages 280-286.)
12. The career of Speaker Clay, Blaine, Reed, or Cannon. (Consult an encyclopedia, or special biographies of these Speakers.)
13. The House of Representatives at work. (Bryce,The American Commonwealth, vol. i, chapter xiv.)
14. Congressional finance. (Bryce,The American Commonwealth, vol. i, chapter xvii.)
15. The committee system in Congress. (Bryce,The American Commonwealth, vol. i, chapter xv; McCall,The Business of Congress, chapters in and v.)
16. An Englishman's view of legislation in the Congress of the United States. (Bryce,The American Commonwealth, vol. i, chapter xvi.)
17. Should the Speaker of the House be deprived of the power to refer bills to whatever committee he chooses?
18. Should the powers of the presiding officer of the Senate be increased?
19. Is debate in the House of Representatives too greatly restricted?
20. Should the privilege of "franking" be restricted?
21. Should the President's power to veto bills be extended? Should it be restricted?
561. CONSTITUTIONAL BASIS OF THE FEDERAL JUDICIARY.—The Federal Constitution makes only slight reference to the structure of the Federal courts. It merely provides that the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish.
In accordance with this provision, Congress in 1789 passed the Judiciary Act, which still forms the basis of our Federal judicial system. The Judiciary Act provided for the organization of the Supreme Court, and also created a system of circuit and district courts. It likewise distributed Federal jurisdiction among the three grades of courts, established the office of Attorney General, and provided for a Federal marshal in each judicial district. In order to relieve the Supreme Court of part of its appellate jurisdiction, Congress in 1891 created nine circuit courts of appeals. In 1912, Congress abolished the circuit courts which had been established by the Act of 1789.
At the present time, thus, there are three grades of Federal courts: the Supreme Court, nine circuit courts of appeals, and eighty-one district courts. In addition there are several special Federal courts.
562. FEDERAL JUDICIAL AGENTS.—All Federal judges are appointed by the President, subject to confirmation by the Senate. They hold office for life, or during good behavior. Since Federal judges can be removed from office only by impeachment, they are relatively independent, both of the appointing power and of the popular will.
Judges receive salaries which may be increased, but which cannot be diminished, during their term of office. Each of the eight associate justices of the Supreme Court receives an annual salary of $14,500, while the Chief Justice receives $14,900 a year. Circuit judges receive a salary of $7000 a year. Each district court judge receives $6000 a year. Upon reaching the age of seventy years, any Federal judge who has held his commission for at least ten years, may resign and continue to draw full salary during the remainder of his life.
Some additional judicial agents may be mentioned. In each Federal judicial district there is an United States marshal, who is charged with the duty of enforcing the orders of the court. There is also in each district a Federal prosecutor, who has the title of United States district attorney. It is this officer who institutes proceedings against persons violating Federal law. Both marshals and district attorneys work under the direction of the Attorney-General of the United States.
563. THE SUPREME COURT.—At the head of the Federal judicial system stands the Supreme Court. This tribunal holds its annual sessions at Washington, D. C., usually from October until May. By far the most important business coming before this court involves questions of constitutional law. [Footnote: Jurisdiction over questions of constitutionality is a form of appellate jurisdiction. In addition, the Supreme Court has original jurisdiction in (1) cases affecting diplomatic and consular officers, and (2) cases to which a State is a party. In practice, however, the original jurisdiction of the Supreme Court has been relatively unimportant. ] Cases involving questions of constitutionality are always brought up to the Supreme Court, from either the lower Federal courts, or from the state courts. Cases of this kind are brought before the Supreme Court either on appeal or by writ of error.
When a case is submitted to the Supreme Court, each justice makes an independent study of it, and a conference is then held, in which the various sides of the question are discussed and a decision reached. The Chief Justice then requests one of his colleagues to prepare the "opinion of the court," containing the conclusions reached by the majority. In important cases, the disagreeing minority prepares a "dissenting opinion," setting forth their reasons for believing that the case should have been decided otherwise. This dissenting opinion does not, however, affect the validity of the decision reached by the majority of the justices.
564. THE CIRCUIT COURT OF APPEALS.—The United States is divided into nine circuits, in each one of which a Circuit Court of Appeals exercises jurisdiction. The Circuit Court consists of three judges. As a general proposition this court has appellate jurisdiction to review the decisions of the district courts, but in some instances cases may be taken from the district courts directly to the Supreme Court of the United States. In cases in which jurisdiction results from the fact that the suit is one between an American citizen and an alien, or between citizens of different states in the Union, the decision of the Circuit Court of Appeals is generally final. The jurisdiction of this court is also final in all cases arising under the revenue, patent, and copyright laws of the United States.
565. THE DISTRICT COURT.—The lowest of the regular Federal courts is the District Court. One of these courts exists in each of the eighty- one districts into which the country is divided. For each district court there is generally a separate district judge, who holds court at one or more places within the district.
The matters which may be brought before a Federal District Court are various. Among other things, the jurisdiction of the court extends to all crimes and offenses cognizable under the authority of the United States, cases arising under the internal revenue, postal and copyright laws, proceedings in bankruptcy, all suits and proceedings arising under any law regulating immigration, and also all suits and proceedings arising under any law to protect trade and commerce against monopoly.
566. SPECIAL FEDERAL COURTS.—Besides the three sets of Federal courts described above, Congress has from time to time created a number of special courts.
The Court of Claims was created in 1855. It consists of five justices, sitting at Washington, and exercising jurisdiction over cases involving claims against the United States.
In 1911 Congress created the Court of Customs Appeals, consisting of five judges who may review the decisions of the Board of General Appraisers with respect to the classification and taxation of imports.
Congress has also provided a system of territorial courts to handle cases arising in the territories and in the District of Columbia.
Courts-martial for the trial of military and naval offenses have also been provided for by congressional statute.
567. JURISDICTION OF THE FEDERAL COURTS.—The Federal courts exercise limited, rather than general, jurisdiction. That is to say, they have authority to try only such cases as are specifically placed within their jurisdiction by the Constitution, or by congressional statute. Cases falling within the jurisdiction of the Federal courts may be grouped under two heads: First, cases affecting certain parties or persons, and second, cases relative to certain matters.
Under the first head may be grouped cases affecting ambassadors, other diplomatic representatives, and consuls. In the same group are controversies to which the United States is a party, controversies between two or more states, controversies between a state and the citizens of another state, controversies between citizens of different states, and controversies between a state, or the citizens thereof, and foreign states, citizens or subjects thereof.
Under the second head fall three types of cases: First, controversies between citizens of the same state claiming lands under grants of different states. Second, cases of admiralty and maritime jurisdiction, and third, cases in law or equity arising under the Constitution or laws of the United States, or treaties made under their authority.
568. THE WRIT OF HABEAS CORPUS. [Footnote: For the general arrangement of the material in Sections 568-570, I am indebted to Professor Beard'sAmerican Government and Politics, to which text acknowledgment is here made.]—In the exercise of their judicial functions the Federal courts have the power of issuing three great writs affecting the rights of citizens.
Of these the most famous is the writ ofhabeas corpus. This writ is designed to secure to any imprisoned person the right to have an immediate preliminary hearing for the purpose of discovering the reason for his detention. Where the writ is properly issued, the prisoner is brought into court for a summary examination. If it is found that he has been detained in violation of law, he is released; if not, he is remanded for trial.
Federal judges may not issue writs ofhabeas corpusindiscriminately. A writ can be issued only in the following cases: First, when a prisoner is in jail under Federal custody or authority; second, when an individual is in jail for some act done or omitted in pursuance of a law of the United States or the order, process, or decree of some Federal court or judge; third, when an individual has been detained because of violation of the Constitution or some law or treaty of the United States; and fourth, when a citizen of a foreign country claims to be imprisoned for some act committed with the sanction of his government.
569. THE WRIT OF MANDAMUS.—The writ of mandamus may be used against public officials, private persons, and corporations, for the purpose of forcing them to perform some duty required of them by law. Properly used, the writ of mandamus is called into action to compel executive officers to perform some administrative duty. The court will not intervene, however, where the duty is purely discretionary and its performance dependent either upon the pleasure of the official, or upon his interpretation of the law. Usually the applicant for a writ of mandamus must show that he has no other adequate legal remedy, and that he has a clear legal right to have the action in question performed by the officer.
570. THE WRIT OR BILL OF INJUNCTION.—This writ may be of several distinct types. It may take the form of a mandatory writ, ordering some person or corporation to maintain astatus quoby performing certain acts. For example, striking railway employees may be ordered to continue to perform their regular and customary duties while remaining in the service of their employer.
The injunction may take the form of a temporary restraining order forbidding a party to alter the existing condition of things in question until the merits of the case have been decided. This is often used in labor disputes.
Sometimes the writ is in the form of a permanent injunction ordering a party not to perform some act, the results of which cannot be remedied by any proceeding in law. This, too, has often been used in labor disputes.
571. JUDICIAL INTERPRETATION OF THE STATUTES.—The crowning feature of the American judiciary is its power to pass upon the constitutionality of state and Federal laws. The Constitution does not give to the courts the power to declare state or Federal statutes invalid on the ground that they conflict with the Federal Constitution, but in the famous case of Marburyv.Madison in 1803, Chief Justice Marshall demonstrated that under the Constitution the Supreme Court must possess the power of declaring statutes null and void when they conflict with the fundamental law of the land. In deciding against the validity of a law, the court does not officially annul it, but merely refuses to enforce the statute in the particular case before the court. Thereupon, the executive officials who might be charged with the administration of that particular law, neglect to enforce it.
572. GENERAL POLICY OF THE FEDERAL COURTS.—The Federal courts have consistently refused to decide abstract questions not presented in the form of a concrete case between parties to an actual suit. The Supreme Court, for example, will take no notice of a statute until the question of its constitutionality arises in the form of a concrete case.
The Federal courts have consistently refused to interfere in purely political questions, the decision of which rests with executive or legislative authorities. For example, the court will not touch questions of the existence of war or peace, or the admission of a new state into the Union.
In reaching a decision, two forces are brought to bear upon the courts. First, the character of previous decisions in similar or analogous cases influences a decision. Second, important consideration is given the demands of justice or equity in the particular case in hand, regardless of precedent. Generally speaking judicial decisions strike a course midway between these two extremes.
1. What does the Federal Constitution say concerning the structure of the Federal courts?
2. What act forms the basis of our Federal judicial system?
3. How are Federal judges chosen, and what are their salaries?
4. Name some judicial agents other than judges.
5. What is the nature and function of the Supreme Court?
6. What is the nature and function of the Circuit Court of Appeals? Over what cases has it jurisdiction?
7. What matters may be brought before the District Court?
8. What is the purpose of the Court of Claims?
9. Name some other special Federal courts.
10. What two classes of cases fall within the jurisdiction of the Federal courts?
11. What is the nature and purpose of the writ ofhabeas corpus?
12. What is the purpose of the writ of mandamus?
13. What three forms may the writ or bill of injunction take?
14. What is the crowning feature of the American judicial system?
15. Outline the general policy of the Federal courts.
16. What two forces help determine a decision?
1. Beard,American Government and Politics, chapter xv.
2. Guitteau,Government and Politics in the United States, chapter xxviii.
3. Munro,The Government of the United States, chapter xxiv.
4. Reed,Form and Functions of American Government, chapter xxiii.
1. Into what two branches may law be divided? (Munro, page 355.)
2. What is equity? (Munro, page 351.)
3. What are the judicial functions of the Attorney-General of the United States? (Beard, page 300.)
4. What different grades of law are administered in the Federal courts? (Guitteau, page 338.)
5. Discuss the part played by partisan politics in judicial decisions. (Beard, pages 310-312.)
6. What classes of people are exempted from jury service? (Munro, page 354.)
7. Distinguish between the original and the appellate jurisdiction of the Supreme Court. (Guitteau, pages 334-335.)
8. How are cases presented to the Supreme Court? (Beard, page 296.)
9. What is the significance of the Marbury v. Madison case? (Reed, page 284.)
10. Name some other historical decisions which have been handed down by the Supreme Court. (Guitteau, pages 339-340.)
1. Make a study of the Federal judicial district in which you live, with respect to territory embraced in the district, names and powers of Federal judicial agents, etc.
2. If possible, visit a near-by Federal court and observe the conduct of a trial.
3. The American doctrine of judicial supremacy. (Haines,The American Doctrine of Judicial Supremacy.)
4. The American system of courts compared with the European system of courts. (Bryce,The American Commonwealth, vol. i, chapter xxv.)
5. Restraints on judicial officers in the United States. (Cleveland,Organized Democracy, chapter xxxiii.)
6. Procedure in the United States Supreme Court. (Reinsch,Readings on American Federal Government, pages 716-717.)
7. The courts and the Constitution. (Beard,The Supreme Court and the Constitution; Bryce,The American Commonwealth, vol. i, chapter xxiii.)
8. The constitutionality of government regulation of commerce, (Goodnow,Social Reform and the Constitution, chapter vi.)
9. Attitude of the courts toward social legislation. (Goodnow,Social Reform and the Constitution, chapter viii.)
10. The Marbury v. Madison case. (Consult an encyclopedia.)
11. The Dartmouth College case. (Consult an encyclopedia.)
12. The life of John Marshall. (Consult an encyclopedia.)
13. Characteristics of a good judge. (Kaye,Readings in Civil Government, pages 247-250.)
14. Evolution of the judiciary. (Gettell,Introduction to Political Science, chapter xx.)
15. Relation of the judiciary to the executive branch of government. (Gettell,Introduction to Political Science, chapter xx.)
16. Relation of the judiciary to the legislative branch of government. (Gettell,Introduction to Political Science, chapter xx.)
17. Should Federal judges enjoy life terms, or should their terms of service be limited to a specific number of years?
18. Did the framers of the Constitution intend that the Supreme Court should pass upon the constitutionality of Acts of Congress? (See Beard,The Supreme Court and the Constitution.)
19. Do you believe that there should be any restriction upon the present power of the Supreme Court to pass upon the constitutionality of Acts of Congress?
20. In the leading European countries what corresponds to our Supreme Court is divided into a number of sections. Do you believe that our Supreme Court ought to be reorganized on a similar plan? (See Munro,The Government of the United States, page 369.)