USA > Vermont > Outlines of the geography, natural and civil history and constitution of Vermont. Also the Constitution of the United States. with notes and queries > Part 12
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ARTICLE 1.
THE LEGISLATIVE DEPARTMENT OF GOVERNMENT.
SEC. 1. All legislative powers herein granted shall be
by the rebellion of IS61 ? How does it appear that the Constitu- tion was adopted by the people? How did the government attempt to suppress the rebellion ?
What rendered a more perfect union necessary ? How were the colonies at first held together ? What was the first union that was formed ? What were some of the defeets of that union ? How were they remedied ?
In what are the legislative powers of the United States vested ? -
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vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Legislative power is the power of making laws. Before the adoption of the Constitution this power was vested in a Congress, consisting of only one body. Important advantages were gained by dividing it into two branches. Each branch is a check upon the other, demagogues are deprived of much of their power for mis- chief, and inconsiderate legislation is prevented, or at least delayed. It is much more probable that good laws will be cuacted, when they are subject to the revision, and must receive the concurrence of two distinct and independent bodies.
SEC. 2. Clause 1. The House of Representatives shall consist 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.
Formerly members of the House of Representatives were chosen annually, and in such manner as cach state should prescribe for itself. The Constitution extends the term of service to two years, and requires that all members shall be chosen by the people. By extending the term of service, the excitement of frequent elections is avoided, there is a great saving of time, expense, and inconve- nience in attending elections ; and members are retained in office long enough to acquire a practical knowledge of public affairs and of the routine of business. Uniform qualifications are not pre- scribed for those who may vote for members of the House ; but in cach state, those who by the laws of that state are qualified to vote for members of the most numerous branch of the state legislature, are also qualified to vote for members of the House of Representa-
What is legislative power ? In what was this power vested before the adoption of the Constitution ? What advantages are gained by the division of Congress into two branches ? In what circum- stances is it most probable that good laws will be enacted ?
Of what does the House of Representatives consist ? What qualifications are required of electors in each state? How were members of the House formerly chosen ? What advantages were secured by extending the term of service ? What qualifications en- title a man to vote in Vermont for Representatives in Congress?
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tives in Congress. In Vermont every male citizen of the age of twenty-one years and upwards, who has resided in the state one whole year next preceding the election of representatives in Con- gress, and is of quiet and peaceable behavior, has a right to vote at such election.
Clause 2. 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.
The Constitution having catablished these three qualifications of a representative in. Congress, that he shall be not less than twenty-five years of age, that he shall have been a citizen of the United State seven years, and that he shall be an inhabitant of the state in which he ia chosen, no other qualifications can be required by any of the states. The age of twenty-five years is re- quired, because persons younger than that very rarely posscas 80 much knowledge, wisdom, and stability of character as are needful in a representative. Citizenship for seven years is required that the representative may be thoroughly acquainted with the institu- tions and interests of the country, and that, if he is a foreigner by birth, he may, by lapse of time, have so far lost his attachment to his native country that he would not be dispored to favor that rather than this when the interests of the two nations conflict. Residence in the state where he is elected is necessary, that he may have personal knowledge of the condition and wants of his imme- diate constituents and that they may know his fitness to be their representative.
Clause 3. 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 munber
What three qualifications are required of Representatives ? Can any other qualifications be required by the states ? Why is the age of twenty-five years required ? Why citizenship for seven years? Why residence in the state where he is elected ?
How are representatives and direct taxes to be apportioned ?
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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 rep- resentative ; and until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Deleware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
Taxes are sums of money required to bo paid by citizens to de- fray the expenses of government. Direct taxes are never assessed by the United States except when other sources of income prove insufficient. The enormous expenses occasioned by the rebellion of 1861, rendered it necessary to assess very large direct taxes, and to increase every other kind of taxation to a degree altogether without precedent in the history of our country.
Representatives are not apportioned among the states in propor- tion to their entire population. The term " other persons " is understood to refer to slaves. In those states, therefore, where slaves are held, three-fifths of their number are added to the num- ber of free persons, and there constitute the population entitled to be represented. The practical effect of this provision is that a slaveholding state has a larger representation than is allowed to a 1
How is the population of states to be determined for these pur- poses ? How often is an actual enumeration of the people to be made ? What is the smallest population entitled to a representa- tive, and with what exception ?
What are taxes? When only are direct taxes assessed by the United States ? How did the rebellion of 1861 affect taxation ?
What is understood by the term " other persons " in this para- graph ? How is the representative population in the slaveholding states to be determined ? What is the practical effect of this ? Why was this concession made to the slaveholding states ?
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state of an equal population consisting entirely of freemen. This concession was made to the slaveholding states to induce them to concur in the adoption of the Constitution, and with the hope that the inequality of representation would be remedied by the discon- tinuance of slavery at no distant time.
The population of the United States is constantly increasing, which renders it necessary to make a new apportionment of repre- sentatives every ten years. By the apportionment of one represen- tative to thirty thousand inhabitants the first House consisted of ouly sixty-five members. Since the census of 1860, the House has consisted of two hundred and forty-one members, which is one for every 127,316 inhabitants. But though a state may have a popu- lation less than that, it is nevertheless entitled to one representative. Neither Delaware, Kansas, nor Oregon has (in 1864) a population as large as that, but each of them has a representative. Some of the states have a population, which being divided by the ratio of representation, a large remainder is left. To each of the states having the largest of such remainders, an additional representative is assigned. By this means Vermont, Rhode Island, and several other states, have each one more representative than they would otherwise be entitled to.
Clause 4. When vacancies happen in the representa- tion from any state, the executive authority thereof shall issue writs of election to fill such vacancies.
Vacancies may be occasioned by the death, resignation, or expul- sion of a member, or by the failure to make choice at a regular election. Persons elected to fill such vacancies hold their offices only for the unexpired portion of the vacant term.
What effeet does increasing population have upon the apportion- ment of representatives? Of how many members did the first Con- gress consist ? What was then the ratio of representation ? Of how many members has Congress consisted since the census of 1800 ? What is the present ratio? What states with a population less than that required by the ratio nevertheless have a representative? What effect does a large remainder above the required population have upon representation ? What states gain a representative by this means ?
How are vacancies in the representation from any state to be tilled ? How may vacancies be occasioned? How long do the per-
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Clause 5. The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.
The "other officers " to whom reference is made in this para- graph, are a clerk, doorkeeper, sergeant-at-arms, and postmaster of the House. It is also customary to elect a chaplain.
Impeachment is the prosecution of a civil officer of the United States for treason, bribery, corruption, or some other high offense, the commission of which makes him unfit to remain in office. It is the only method by which the president, judges of the United States courts, and some other high offleers, can be punished for offi- cial misconduct.
SEC. 3. Clause 1. 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.
The framers of the Constitution desired to make the Senate an altogether different body from the House of Representatives. This object they sought to sceure by allowing two senators to each state, without regard to any differences in size, population, or wealth ; by giving the power of election to the legislature, rather than to the people ; and by prescribing higher qualifications for senators than for representatives. By these means it was supposed that tho Senate would be rendered a more permanent body, more uni- form in its action, and more worthy of public confidence.
The Constitution leaves it undetermined in what manner the election of a senator shall be made. In some states, both branches of the legislature meet as one body, and by a united vote make
sons elected to fill such vacancies hold their offices ? What officers are chosen by the House of Representatives ?
" What power is given to the House of Representatives in paragraph 5? What is impeachment ? W hat officers may be prosecuted by impeachment ?
ilow is the Senate of the United States composed? How are senators chosen, and for what term ? By what means did the framers of the Constitution endeavor to make a marked difference between the Senate and the House ? What character did they sup- pore would thus be seenred for the Senate ?
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the elcetion. In other states cach branch votes by itself, and it both branches choose the same man he is elected. Tho latter is the method in Vermont ; with the additional provision that if different persons are elected in the two branches, a Joint Assembly shall be held which shall cleet the senator.
Clause 2. 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 expira- tion of the sixth year; so that one-third may be chosen every second year. And if vacancies happen by resigna- tion, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary ap- pointments until the next meeting of the legislature, which shall then fill such vacancies.
This division of the Senate into three classes of senators, whose term of office expire at different times, prevents sudden changes in the body, and makes it certain that, although new members may come in every two years, the larger part of the body will consist of experienced members. In the original arrangement of the classes, the senators from each state were put into different classes, so that there never might occur a vacancy at the same time in the seats of both senators. When senators from new states are admitted they are classified by lot.
" The executive," who is authorized to appoint senators in case of vacaney, is the Governor of the state. The appointment made by him is only temporary, and at the next meeting of the legisla-
What two methods are there of electing senators? Which method is used in Vermont ? With what additional provision ?
Into how many classes are the senators divided ? By what rule do the seats of the several classes become vacant ? What are the advantages of thisarrangement ? Ilow were the senators from each state originally classified, and why ? How are senators from new states classified ?
How are vacancies filled that happen during the recess of the legislature ? Who is meant by " the executive" ? What is the nature of appointments made by the Governor ?
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ture they elcet a senator for the unexpired term. If they fail to elect there remains a vacancy which cannot be filled.
Clause 3. 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.
A senator is required to be thirty years of age, because the ex- tent of knowledge and maturity of judgment that are needed in the Senate are rarely attained by persons under that age. Citizen- ship for nine years is required in order that if he be an alien, he may lose his partiality for his native country, and may not be disposed to favor it in consenting to treaties, and in otherwise legis- lating in regard to foreign affairs. These qualifications of age and citizenship are higher than are required in the case of a repre- sentative, because the position of a senator is regarded as more honorable, and his duties as more responsible.
Clause 4. The vice-president of the United States shall be president of the Senate, but shall have no vote, unless they bo equally divided.
The office of vice-president was created in order to provide for a possible vacancy in the presidency by death or otherwise. He was made president of the Senate that he might have some duty corres- ponding to the dignity of his office, and because it was thought that he would preside more impartially than any senator could do. Ho is not allowed to vote except in case of an equal division, because if he were, the states to which he belongs would have undue power in the Senate, nor would there be any one remaining to give a cast- ing vote when that became necessary.
Of what age is a senator required to be, and why ? What term of citizenship is required, and why ? Why are higher qualifications of age and citizenship required of a senator than of a representative ? What position in the Senate and what right has the vice-presi- dent of the United States ? Why was the office of vice-president created ? Why was he made president of the Senate? Why does he have no vote except in case of an equal division ?
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Clause 5. The Senate shall choose their other officers, and also a president pro tempore, in the absence of the vice-president, or when he shall exercise the office of presi- dent of the United States.
Under the term " other officers," in this paragraph, are included a secretary, elerk, sergeant-at-arms, doorkeeper and post:naster. It is usual for the vice-president to vacate his chair in the Senato just before the close of each session, and for the Senate then to elcet a president pro tempore, to preside in case the vice-president should be called upon to exercise the office of president.
Clause 6. 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 per- son shall be convicted without the concurrence of two-thirds of the members present.
As the sole power of proposing impeachments is, by the preced- ing section, given to the House of Representatives, the sole power of trying them is here given to the Senate, to prevent the obvious injustice of the same body being both accuser and judge. If the vice-president were allowed to preside at the trial of an impeach- ment of the president, he might be tempted to favor a conviction, in order to succeed to the vacated office. For this reason it is pro- vided that the chief justice, who is liable to no such temptation, shall preside at that trial. A two-thirds vote is requisite to con- viction, that the accused person may not be sacrificed to the party spirit which may be expected to attend the prosecution of an im- peachment. Impeachments are very rarely prosecuted, and still more rarely result in conviction.
Clause 7. Judgment in cases of impeachment -hall not
What officers do the Senate choose ? What is the practice in re- gard to the election of president pro tempore?
What power has the Senate in regard to impeachments ? Why is this power given to the Senate rather than to the House ? Why is the chief justice to preside on the trial of an impeachment of the president ? Why isa two-thirds vote requisite to.conviction ? What. is baid of the frequency of impeachments ?
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extend further than to removal from office, and disqualifica- tion 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, judg- ment, and punishment according to law.
The design of this provision is to prevent the excessive punich- ments which might be inflicted by a political tribunal under the influence of political excitement. English history abounds in in- stances where persons impeached have not only been deprived of office, but have been at the same time condemned to fine, imprison- ment, banishment, and death itself. Under the Constitution of the United States, lors of office and disqualification for office are the utmost penalty that can be inflicted in cases of impeachment, and any punishment beyond that can only be inflicted by a court of law, after due proceedings, in the usual way of prosecution for crime.
SEC. 4. Clause 1. 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 place of choosing senators.
The circumstances of the different states were so various and so liable to change, that it did not seem practicable to establish by Constitution a uniform method of electing members of Congress. That matter was therefore left to the several states, reserving to Congress, however, the power to mike and alter regulations, whenever the exercise of such power shall be found expedient or necessary. The only regulation which Congress has yet made is to require that the representatives from a state shall be elected by con- gressional distriets, each district electing one representative and no
What is the limit of judgment in cases of impeachment ? To what additional liability is the convicted party subject ? What is the design of fixing this limit? How have impeached persons in England been punished ?
What particulars in regard to the elections of senators and rep- resentatives are to be prescribed by the state legislatures? Why were these left to the legislatures ? What power in this respect does Congress retain ? What is the only regulation that Congress
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more. With this exception, the states retain entire control of the subject, and different states have established different modes of con- ducting the election. Congress is not permitted to appoint the places of choosing senators, because they are chosen by the legis- latures, who cannot be required to meet anywhere except at the capitals of their respective states.
Clause 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Mon- day in December, unless they shall, by law, appoint a dif- ferent day.
This provision makes it certain, beyond the control of state leg- lation, that there shall be an annual session of Congress. The place of meeting is not declared in the Constitution, but the national capital is established by law at Washington. Another law author- izes the president to issue a proclamation convening Congress at some other place, whenever circumstances shall render it dangerous to assemble at Washington.
SEC. 5. Clause 1. Each house shall be the judge of the elections, returns, and qualifications of its own mem- bers, 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.
Under this provision the lack of a certificate of election does not prejudice the rights of a member of either house, but if he is en- titled to a seat he will be admitted to it. On the other hand, the possession of a certificate is not conclusive evidence that he is elected. The decision of the House or Senate is final and conclu-
has yet made ? Why is not Congress permitted the place of choos- ing senators?
How often and when is Congress required to assemble ? What is said in regard to the place of meeting ? What authority has the president in regard to the place ?
What authority has cach house in regard to the elections, &c., of its own members ? How, then, does the lack of a certificate of election affect the rights of a member ? And how does the posses-
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tive. A majority of members is required for the transaction of business, in order to prevent the passage of laws by a small number of senators or representatives. But a mere majority is regarded sufficient, since otherwise a comparatively small part of either body might put a stop to legislation by withdrawing from the House. A smaller number than a majority is authorized to compel the at- tendance of absent members, so that Congress may not be dissolved by the refusal or neglect of members to attend its sessions.
Clause 2. Each house may determine the rules of its proceedings, and punish its members for disorderly be- havior, and, with the concurrence of two-thirds, expel a member.
In the exercise of the authority here given, each branch of Con- gress has, from time to time, adopted numerous rules, setting forth with great minuteness the manner and order of doing business. The power to punish for disorderly behavior and to expel a member is essential to the maintenance of the dignity and independence of the body. It is not settled what sort of disorderly conduct may be punished, nor what punishment besides expulsion may be in- flicted, and in each case the discretion and judgment of Congress must be exercised. A two-thirds vote was made necessary to expel a member, lest in times of party violence, disorderly conduct might be made the pretext for expelling a member who was obnoxious to the majority mainly for his political principles and conduct. The power to expel is very rarely used, even in cases of conduct not only disorderly, but atrociously criminal. Although the Consti- tution does not expressly give the power to punish persons for dis- orderly conduct who are not members, such power is held to exist, because it is essential to the preservation of the body, and it is
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