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 13
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sion of a certificate affeet thein ? What proportion of the members of each house are authorized to do business ? Why is a majority required ? Why no more than a majority ? Why is a smaller number authorized to compel the attendance of absent members?
What power has cach house in regard to making rules and pre- serving order ? What has Congress done under this provision ? Why is the power to punish and expel given to Congress ? What conduet may be punished and how ? Why is a two-thirds vote necessary to expel ? What is the practical effect of the two-thirds rule ? What is said of the powers to punish those who are not 8
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exercised whenever occasion requires. When the punishment for disorderly conduct is imprisonment, such imprisonment terminates with the session of Congress, if it does not sooner cease by its own limitation.
Clause 3. Each house shall keep a journal of its pro- ceedings, 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.
The object of these provisions is to give publicity to the procced- ings of Congress as a whole, and to the aets of individual members on particular questions. The proceedings of both houses aro usually open to the public. In the Senate, however, there are fre- quently held " executive sessions," in which treaties with foreign powers, presidential nominations to office, and confidential commu- nications from the president are considered. No persons except the officers of the Senate are permitted to be present at such sessions. So also in the House of Representatives, whenever confidential communieations are received from the president, or whenever any member wishes to make a confidential communication, all spectators are excluded. The Senate may also hold confidential sessions. Tho proceedings of executive and confidential sessions are entered upon special records and remain unpublished. The " yeas and nys " are a recorded list of the affirmative and negative votes of the mem- bers. They are not allowed to be taken except at the desire of one- fifth of the members present, because the taking of them occupies a great deal of time, and is frequently demanded by the minority for no other purpose than to embarass and hinder the majority.
members ? When does imprisonment for disorderly conduct ter- minate ?
What is required in regard to keepin_ an I publishing journals ? What in regard to recording the yeas and hays ? What is the objeet of these provisions? Are the proceedings of both houses usually public ? What exceptions to this rule in the Senate? What exceptions in the House ? What record is made of the proceedings of confidential and executive sessions ? What is meant by the " yeas and nays ?' ? Why are they not allowed to be taken except at the desire of a fitth of the members ?
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Clause 4. Neither house, during the session of Con- gress, 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.
This provision is intended to prevent the inconvenience and delay which would occur, if one house should adjourn for a long period, or to a place remote from that where the other house is sitting. The time of the final adjournment of any session of Congress and of the commencement of the next session are usually determined by a joint resolution of the two houses. On every second year, however, Congress mast necessarily close its session on the third day of March, because the term of office of all the representatives expires on that day.
SEC. 56, Clause 1. The senators and representatives shall receive a compensation for their services, to be ascer- tained 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 cither house, they shall not be ques- tioned in any other place.
Before the adoption of the Constitution, the expenses of delegates to Congress were paid by the states which they represented. But by this method of compensition, there might be unequal payments to different members for services of equal value, and there was a possibility that members would not feel and act independently, if their compensation were liable to be diminished or altogether with- drawn. This provision of the Constitution meets and obviates both these objectionable features of the former practice. Until recently. the pay of each member was hard at eight dollars per day during
What restriction is placed upon the right of cach house to adjourn ? Why is this ? How are the times of final adjourninent and of the commencement of the next session determined ? When must the session close on every second year, and why ?
What provision is made for the compensation of members of Congress ?" How were the expenses of delegates to Congress paid before the adoption of the Constitution ? What objections were
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the session, and eight dollars for every twenty miles travel in going to and returning from the seat of government. But by the present law, each member is entitled to six thousand dollars for each Con- gress, and mileage for two sessions at the same rate as before. The Speaker of the House is entitled to twelve thousand dollars for each Congress, and the same mileage as other members.
Members of Congress are exempted from arrest during their at- tendance upon the sessions, and in going to and returning from them, that they may not be detained from their official duties, nor interrupted in the performance of them, and that their constituents may not be deprived of their services in the debates and votes. If a member is arrested in violation of his privilege, he is entitled to be discharged by a writ of habeas corpus, and may maintain nn action of trespass against the person arresting him, who is also liable to be punished for a contempt of the house to which the member belongs. The privilege, however, is subject to such limi- tations, that the member remains liable to arrest for almost every violation of the criminal law. The clause which declares that members shall not be questioned elsewhere for any speech or debato in either house, was designed to secure freedom and independence of speech, by protecting members against prosecution or impeach- ment for the free utterance of opinions and communication of facts.
Clause 2. 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 increased during such time ; and no person holding any office under the United States shall be a member of either house, during his continuance in offiec.
there to this mode of compensation ? What was the former pay ? What is the present ? What is the compensation of the Speaker of the House?
During what time are members of Congress privileged from ar- rest ? Why ? What remedy has a member if arrested in violation of his privilege ? What exceptions to this privilege are mentioned ? To what arrest does a member still remain liable ? What is the design of exempting members from being questioned elsewhere for speech or debate !
Under what disability in regard to appointments to office are
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The design of this provision is to prevent members of Congress from ereating offices, or increasing the pay of them for their own benefit. The appointment of members of Congress to military offices is not prohibited, because sach offices frequently require to be filled without the least delay. Under the last clause of this paragraph, a person holding an office under the United States is not disqualified for being a member of Congress, but is required to resign the office before taking his seat.
SEc. 7. Clause 1. AH bills for raising revenue shall originate in the House of Representatives ; but the Senate may propose or conenr with amendments, as on other bills.
The right to originate all bills for raising revenue is given to the House of Representatives, because the members of that body are elected directly by the people, represent their opinions and wishes, and have more immediate knowledge of the resources of every part of the country. Bat the states, as such, have an interest in the apportionment of direct taxes, and therefore the Senate, which represents the states, is allowel to exercise some control over rey- enue bills by proposing amendments. By means, also, of this eoneurrent action of the Senate, the larger states are prevented from an undne use of the power, which their greater representation in the House gives them, of imposing taxes that might bear with severity upon the smaller states.
Clause 2. 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 re-consider it. If, after such
members of Congress placed ? What is the design of this? Why is not the appointment of members of Congress to military offices prohibited ?
What branch of Congress has the right to originate all bills for raising revenue ? Why? What action is the Senate allowed to take regarding such bills? Why ? What additional seenrity is given by the concurrent action of the Senate ?
When a bill has passed both houses of Congress, what is the
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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 re-con- sidered, 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 cach 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, pre- vent its return, in which case it shall not be a law.
The power here given to the president of refusing to sign bills, and returning them with objections, is called the veto power. The king of England has a similar but greater power, though it is rarely exercised, by which he can absolutely prevent the passage of any law to which he is opposed. But the president's veto power is not absolute. The ouly effect of it is to cause Congress to re- consider the law more deliberately, and to delay the passage of it till two-thirds of both houses agree to it. By a rule which the Senate adopted in 1856, construing the Constitution, only two- thirds of a quorum, and not two-thirds of the whole Senate, are necessary to pass a law over the president's veto. The objections of the president are to be entered at large on the journal of the house where the bill originated, in order to secure their permanent preservation, and the yeas and nays are to be recorded, to induce greater deliberation and a deeper sense of responsibility to the country.
The veto power was given to the president to be used as a check
next stage of its progress ? What is the presidential power of re- fusing to sign bills called ? What sanitar peber has the king of England ? What is the effect of the president's velo ? How does the Senate construc the requirement that a vote of two-thirds of both houses is necessary to pass a bill over the president's veto ? Why are the objections of the president to be entered at large upon the journals? Why are the yeas and nays on the subsequent vote to be recorded ?
Why was the veto power given to the president ? What is said
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to inconsiderate or unconstitutional legislation, and to prevent en- croachments by one department of the government upon another. It is liable to great abuses, and the history of its exercise shows that it has been abused more frequently than it has been put to its legitimate purposes.
The provision that a bill shall become a law without the Presi- dent's signature, if he do not return it within ten days after it is presented to him, was designed to prevent him from defeating a bill by retaining it for an indefinite time without any action upon it. Under the exceptional clause, " unless the Congress by their adjournment prevent its return, " the president still has an oppor- tunity to defeat a bill without assigning any objections. When the term for which a House of Representatives is chosen has so nearly elapsed that it will fully expire within ten days after a bill is pre- sented to him, he may silently retain the hill till the inevitable dissolution of Congress, in which case it fails to become a law.
Clause 3. Every order, resolution or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjourmment) 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.
The veto power is extended by this paragraph, to prevent Con- gress from evading the veto by passing measures in the form of orders, resolutions, or votes, rather than of bills, or by passing in one of those forms what has once been vetoed as a bill. '
SEC. 8. Clause 1. The Congress shall have power- to lay and collect taxes, duties, imposts, and excises, to
of its liability to abnse ? In what cases may a bill become a law without the president's signature ? What is the object of this pro- vision ? What opportunity does the president, notwithstanding, have to defeat a bill ?
How is the veto power extended, with regard to orders, &c. ? Why is this ?
What power has Congress in regard to taxes, &c. ? What are
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pay the debts, and provide for the common defence and general welfare of the United States; but all duties, im- posts, and excises, shall be uniform throughout the United States.
Taxes have already been defined under section two. Duties are charges upon merchandise brought into the country or taken out of it. Imposts are nearly the same as taxes. Exeises are charges upon articles produced, or goods manufactured, while they remain in the possession of the producer or maker. There are two classes of taxes, direet and indirect. Direct taxes are such only as are levied either upon persons or upon land. Indirect taxes include all taxes except those upon persons and Innd.
Duties are of two kinds, specific and ad valorem, A specific duty is a duty of a certain sum on goods, according to their weight, measure, or bulk. An ad valorem duty is one that bears a definite proportion to the estimated value of the goods. A duty of one dollar on a ton of iron, or of ten cents on a pound of ten, is a specific duty. A duty of one dollar on a hundred dollars worth of iron or of tea is an ad valorem duty. The rate at which duties are paid is called a tariff. If goods imported are to be ex- ported again, the importer is allowed to receive back a part, and, in some cases, the whole of the duties he has paid. This allowance is called a drawback.
Duties upon imports constituted the principal source or revenue to the United States prior to the rebellion of 1851. Until that time excises were very rarely imposed, and when imposed were re- ceived with great disapprobation, and sometimes with open insur- rection, by the people. To sustain the expenses of the war for suppressing the rebellion, it was found necessary to impose excises
taxes ? What are duties ? What are imposts ? What are cxcises ? What two classes of taxes are there ? What are direct taxes ? What are indirect taxes ?
What two kinds of duties are there ? What is a specific duty ? What is an ad valorem duty ? Illustrate the difference between them ? What is the rate ealled at which duties are paid ? What is a drawback ?
What is said of duties as a source of revenue ? What of excises, prior to the rebellion of 1861 ? What was rendered necessary by the war for the suppression of the rebellion? To what else did
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upon almost every manufactured article. The same necessity led to the imposition of various other kinds of taxes, previously un- known, but authorized by the general grant to Congress of the power of taxation. That grant is so general as to include every kind and degree of taxation, and to authorize the assessment and collection of taxes, not only in the states, but in the District of Columbia, though that is not represented in Congress, and in the territories, though their delegates in Congress are not allowed to vote on the question of taxation. The only limitation of the power has respect to the purposes for which it may be exercised, " to pay the debts and provide for the common defeine and general welfare of the United States." The uniformity required in the imposition of taxes, by the last sentence of this clause, Las relation only to in- direct taxes. A different rule in regard to direct taxes is prescribed by sections two and nine of this article.
Clause 2. To borrow money on the credit of the Unit- ed States.
This power was granted because the ordinary sources of revenue must needs prove insufficient in time of war, and if money could not be borrowed, the government could not be carried on. The exer- ciss of this power is limited only by the newsities of the case. During the rebellion of 1861, money was bornved by the United States to the amount of s rural hundred millions of dollars.
Clause 8. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.
The word " commeerer," as need in this clause, includes not only traffic in any kind of property, bat intercourse for jarposes of trade, and all the means by which rach intereour-e is carried on. Under this clases Congres - has full power to regulate all commerce, navi-
the game necessity led ? flow general is the grant to Carga. Sof the power of taxation ? What is the eidy limitation to the exer. eine of the power ? To what does the miformity required in this cause have relation ? What is the rate for the assessment of direct taxes ?
What power has Congress to borrow money ? Why was this power granted ? How is the exercise of it limited? How was it exercisel during the rebellion of 1861 ?
What power has Obagress over commeres ? What is meant by commerce in this clause ? To what extent does the power of Con-
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gation, and intercourse, foreign and domestic, except between individuals in different parts of the same state. The want of this power, under the confederation, kept commerce in a very depressed state. Congress could make treaties of commerce with foreign nations, but could not compel the states to observe them. Each state made its own regulations of trade and commerce, with little or no regard to the interests of other states ; and, as the result, commercial intercourse was almost destroyed. The evils arising from this state of things constituted one of the strongest motives for the formation of the Constitution. Under the Constitution, Congress has not only power but the exclusive power to regulate the whole subjeet.
The Indian tribes, whether in the states or territories, are Ic- garded as distinct nations, exercising the powers of government, but under the control and guardianship of the United States. By virtue of the power to regulate intercourse with them, Congress may and does prohibit all intercourse for purposes of commerce, except under special license.
Clause 4. To establish an uniform rule of naturaliza- tion, and uniform laws on the subject of bankruptcies, throughout the United States.
Naturalization is the process by which a foreigner becomes a cit- zen of the United States. Under the confederation, each state hud and exercised the power to admit foreigners to citizenship, and as some states required less qualifications and others more, some mak- ing residence for a long period necessary, others granting the rights of citizenship after a short residence, much confusion arose, a con- flict of laws took place, and the statutes of one state were made the means of evading those of another. To prevent all such inconve- niences, the Constitution gives Congress the power to establish a
gress go in this respect ? What was the condition of commerce under the confederation ? Why ? What influence did this state of things have upon the formation of the Constitution ? Is the power of Congress over commerce exclusive ?
How are the Indian tribes regarded ? To what extent does Con- gress regulate intercourse with them ?
What power has Congress in regard to naturalization ? What is naturalization ? What power had states formerly, and what evils resulted from the exercise of it? How were those averted ?
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uniform rule on that subject, and this power necessarily supersedes the exercise of any power by either of the states. At different times, different rules have been prescribed. The present law re- quires a residence in the United States for five years, the renuncia- tion of allegiance to foreign governments, and of hereditary titles and orders of nobility. A foreigner naturalized acquires all the rights of a native citizen, except that he cannot become president or vice president of the United States.
The object of bankrupt laws is to secure to creditors an equitable distribution of the property of a debtor, and thereupon to give him a legal discharge from his liabilities. Under the confederation the states had power to pass such laws, but the Constitution transferred that power to Congress, because it was intimately connected with the regulation of commerce. But the power of Congress is not exclu- sive, and when it is not actually exercised, the States may still enact bankrupt laws, none of which, however, can have any force beyond the limits of the state by which they are enacted. Two bankrupt laws have been passed by Congress, neither of which re- mained in force more than two or three years.
Clause 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures.
These powers are granted to Congress as auxiliary to the power of regulating commerce, and to secure uniformity in coins, weights and measures. In the carly history of the country, any state coined money which chose to do so. The state of Vermont coined copper money, but no other. Congress has passed several laws regulating the value of foreign coin, but has not fixed the standard of weights and measures, in default of which the states have
What is now required in order to Le naturalized ? What limita- tion is there to the rights of a naturalized person ?
What is the object of bankrupt laws ? Why was the power of making bankrupt laws given to Congress ? Has Congress the ex- clusive power ? "What may the several states do if there be no national bankrupt law ? How many faws have been passed ?
What power has Congress in regard to m mey ? Why were these powers granted to Congress ? How was money coined in the early history of the country ? What money was coined by Vermont ? flow are the standards of weights and measures fixed ?
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legislated for themselves, or have continued to use standards exist- ing when the Constitution was adopted.
Clause 6. To provide for the punishment of counter- feiting the securities and current coin of the United States.
The power here granted is essential to the complete exercise of the power given in the preceding clause ; as money could not be coined and the value of it regulated unless there were power to pun- ish the counterfeiting of it. Congress has passed many and severe Inws on this subject.
Clause 7. To establish post-offices and post-roads.
The object of this. elause is to furnish a speedy and efficient means of transmitting intelligence, and making communications of business and friendship. As the mails pass through various states, each independent of all the others, there would be danger of delays and hindrances, unless the whole transportation of the mails was put under the care of the United States. The post-office establishment is, therefore, put under the charge of a postmaster- general, who superintends and controls all the business. The states are not allowed to establish post-roads, nor are individuals permit- ted, except in a few specified eases, to carry letters or other maila- ble matter for hire over any post-road of the United States. In some instances Congress has actually made post-roads, but gener- ally it selects public roads which are already in use. Railroads and navigable waters, whether natural or artificial, are declared to be post-roads.
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