    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 107th Congress]
    [107th Congress]
    [House Document 106-320]
    [The United States Constitution]
    [Pages 1-118]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 1]]

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    [[Page 3]]

                                  CONSTITUTION

                                   __________

    Sec. 1. The preamble.

      We the People  of the United States, in
    Order to form a more perfect Union, establish Justice, insure domestic
    Tranquility, provide for the common defence, promote the general
    Welfare, and secure the Blessings of Liberty to ourselves and our
    Posterity, do ordain and establish this Constitution for the United
    States of America.

    [[Page 4]]

    Sec. 2. Formation of the
    Constitution.

      The First Continental  Congress met in Philadelphia in September of 1774 and
    adopted the Declaration and Resolves of the First Continental Congress,
    embodying rights and principles later to be incorporated into the
    Constitution of the United States. The Second Continental Congress
    adopted in November of 1777 the Articles of Confederation, which the
    States approved in July, 1778. Upon recommendation of the Continental
    Congress, a convention of State representatives met in May, 1787 to
    revise the Articles of Confederation and reported to the Continental
    Congress in September a new Constitution, which the Congress submitted
    to the States for ratification. Nine States, as required by the
    Constitution for its establishment, had ratified by June 21, 1788, and
    eleven States had ratified by July 26, 1788. The Continental Congress
    adopted a resolution on September 13, 1788, putting the new Constitution
    into effect; the First Congress of the United States convened on March
    4, 1789, and George Washington was inaugurated as the first President on
    April 30, 1789.

                                   ARTICLE I.

    Sec. 3. Legislative powers vested in
    Congress.

      Section 1. All  legislative Powers herein granted shall be vested in a
    Congress of the United States, which shall consist of a Senate and House
    of Representatives.

    <>   Section 2. \1\ The House of Representatives shall be composed
    of Members chosen every second Year by the People of the several States,
    * * *.

    Sec. 4. Power to
    investigate.

      The power to legislate includes the power to conduct inquiries and
    investigations. See Kilbourn v.   Thompson, 103 U.S. 168 (1881); McGrain v. Daugherty, 273
    U.S. 135 (1927); Watkins v. United States, 354 U.S. 178 (1957);
    Barenblatt v. United States, 360 U.S. 109 (1959). For the power of the
    House to punish for contempt in the course of investigations, see
    Sec. 293, infra.

      This clause requires election by the people and State authority may
    not determine a tie by lot (I, 775).

      The phrase ``by the people of the several States'' means that as
    nearly as practicable one person's vote in a congressional election is
    to be worth as much as another's. Wesberry v. Sanders, 376 U.S. 1
    (1964); Kirkpatrick v. Preisler, 385 U.S. 450 (1967). 2 U.S.C. 2a
    mandates apportionment of Representatives based upon population, and 2
    U.S.C. 2c requires the establishment by the States of single-Member
    congressional districts. For elections generally, see Deschler's
    Precedents, vol. 2, ch. 8.

    [[Page 5]]

    resolution fixing the daily hour of meeting at 12 o'clock meridian or
    some other hour is agreed to at the beginning of each session.

    Sec. 6. Term of a Congress.

      The term of a  Congress, before
    the ratification of the 20th amendment to the Constitution, began on the
    4th of March of the odd numbered years and extended through two years.
    This resulted from the action of the Continental Congress on September
    13, 1788, in declaring, on authority conferred by the Federal
    Convention, ``the first Wednesday in March next'' to be ``the time for
    commencing proceedings under the said Constitution.'' This date was the
    4th of March, 1789. Soon after the first Congress assembled a joint
    committee determined that the terms of Representatives and Senators of
    the first class commenced on that day, and must necessarily terminate
    with the 3d of March, 1791 (I, 3). Under the 20th amendment to the
    Constitution the terms of Representatives and Senators begin on the 3d
    of January of the odd-numbered years, regardless of when Congress
    actually convenes. By a practice having the force of common law, the
    House meets at 12 m. when no other hour is fixed (I. 4, 210). In the
    later practice a

      Prior to adoption of the 20th amendment, the legislative day of March
    3 extended to 12 m. on March 4 (V, 6694-6697) and, unless earlier
    adjourned, the Speaker could at that time declare the House adjourned
    sine die, without motion or vote, even to the point of suspending a roll
    call then in progress (V, 6715-6718).

    <> * * * and
    the Electors in each State shall have the Qualifications requisite for
    Electors of the most numerous Branch of the State Legislature.

      The Legislative Reorganization Act of 1970 (84 Stat. 1140) provides
    that unless Congress otherwise specifies the two Houses shall adjourn
    sine die not later than the last day in July. This requirement is not
    applicable, under the terms of that Act, where a state of war exists
    pursuant to a congressional declaration or where, in an odd-numbered
    (nonelection) year, the Congress has agreed to adjourn for the month
    preceding Labor Day. For more on this provision, see Sec. 1105, infra.

      The House, in the decision of an election case, has rejected votes
    cast by persons not naturalized citizens of the United States, although
    they were entitled to vote under the statutes of a State (I, 811); but
    where an act of Congress had provided that a certain class of persons
    should be deprived of citizenship, a question arose over the proposed
    rejection of their votes in a State wherein citizenship in the United
    States was not a qualification of the elector (I, 451). In an
    exceptional case the House rejected votes cast by persons lately in
    armed resistance to the Government, although by the law of the State
    they were qualified voters (I, 448); but later, the House declined to
    find persons disqualified as voters because they had formerly borne arms
    against the Government (II, 879).

    Sec. 8. Decisions of the Court.

      The power  of the States to
    set qualifications for electors is not unlimited, being subject to the
    15th, 19th, 24th, and 26th amendments, and to the equal protection
    clause of the United States Constitution. Carrington v. Rash, 380 U.S.
    89 (1965); Kramer v. Union Free School District, 395 U.S. 621 (1969).

    <>   \2\ No
    Person shall be a Representative who shall not have attained
    to the Age of twenty five Years, * * *.

    [[Page 6]]

      Congress has some power in setting qualifications for electors, as in
    protecting the right to vote and lowering the minimum age for electors
    in congressional elections. Katzenbach v. Morgan, 384 U.S. 641 (1966);
    Oregon v. Mitchell, 400 U.S. 112 (1970).

    <> * * *
    and been seven Years a Citizen of the United States, * * *.

      A Member-elect not being of the required age, was not enrolled by the
    Clerk and he did not take the oath until he had reached the required age
    (I, 418).

    <> * * *
    and who shall not, when elected, be an Inhabitant of that State in which
    he shall be chosen.

      Henry Ellenbogen, Pa., had not been a citizen for seven years when
    elected to the 73d Congress, nor when the term commenced on March 4,
    1933. He was sworn at the beginning of the second session on January 3,
    1934, when a citizen for seven and one-half years (see H. Rept. 1431 and
    H. Res. 370, 73d Cong.). A native of South Carolina who had been abroad
    during the Revolution and on his return had not resided in the country
    seven years, was held to be qualified as a citizen (I, 420). A woman who
    forfeited her citizenship through marriage to a foreign subject and
    later resumed it through naturalization less than seven years prior to
    her election, was held to fulfill the constitutional requirement as to
    citizenship and entitled to a seat in the House (VI, 184). A Member who
    had long been a resident of the country, but who could not produce
    either the record of the court nor his final naturalization papers, was
    nevertheless retained in his seat by the House (I, 424).

    [[Page 7]]

    bia for years as a newspaper correspondent and maintenance there of
    church membership were not considered to outweigh payment of poll and
    income taxes, ownership of real estate, and a record for consistent
    voting in the district from which elected (VI, 55), and in the same case
    excuse from jury duty in the District of Columbia on a plea of
    citizenship in the State from which elected and exercise of incidental
    rights of such citizenship, were accepted as evidence of inhabitancy
    (VI, 55).
      The meaning of the word ``inhabitant'' and its relation to citizenship
    has been discussed (I, 366, 434; VI, 174), and the House has held that a
    mere sojourner in a State was not qualified as an inhabitant (I, 369),
    but a contestant was found to be an actual inhabitant of the State
    although for sufficient reason his family resided in another State (II,
    1091). Residence abroad in the service of the Government does not
    destroy inhabitancy as understood under the Constitution (I, 433). One
    holding an office and residing with his family for a series of years in
    the District of Columbia exclusively was held disqualified to sit as a
    Member from the State of his citizenship (I, 434); and one who had his
    business and a residence in the District of Columbia and had no business
    or residence in Virginia was held ineligible to a seat from that State
    (I, 436). One who had a home in the District of Columbia, and had
    inhabited another home in Maryland a brief period before his election,
    but had never been a citizen of any other State, was held to be
    qualified (I, 432). Also a Member who had resided a portion of a year in
    the District of Columbia, but who had a home in the State of his
    citizenship and was actually living there at the time of the election,
    was held to be qualified (I, 435). In the Updike v. Ludlow case, 71st
    Congress, it was decided that residence in the District of Colum

    Sec. 12. Qualifications other than those
    specified by the Constitution.

      Whether Congress  may by law establish qualifications
    other than those prescribed by the Constitution has been the subject of
    much discussion (I, 449, 451, 457, 458, 478); but in a case wherein a
    statute declared a Senator convicted of a certain offense ``forever
    thereafter incapable of holding any office of honor, trust, or profit
    under the Government of the United States,'' the Supreme Court expressed
    the opinion that the final judgment of conviction did not operate, ipso
    facto, to vacate the seat or compel the Senate to expel or regard the
    Senator as expelled by force alone of the judgment (II, 1282). Whether
    the House or Senate alone may set up qualifications other than those of
    the Constitution has also been a subject often discussed (I, 414, 415,
    443, 457, 458, 469, 481, 484). The Senate has always declined to act on
    the supposition that it had such a power (I, 443, 483), and during the
    stress of civil war the House of Representatives declined to exercise
    the power, even under circumstances of great provocation (I, 449, 465).
    But later, in one instance, the House excluded a Member-elect on the
    principal argument that it might itself prescribe a qualification not
    specified in the Constitution (I, 477). The matter was extensively
    debated in the 90th Congress in connection with the consideration of
    resolutions relating to the seating of Representative-elect Adam C.
    Powell of New York (H. Res. 1, Jan. 10, 1967, p. 14; H. Res. 278, Mar.
    1, 1967, p. 4997).

      The exclusion of Mr. Powell was the subject of litigation reaching the
    Supreme Court of the United States. In Powell v. McCormack, 395 U.S. 486
    (1969), the Court found that the power of Congress to judge the
    qualifications of its Members was limited to an examination of the
    express qualifications stated in the Constitution.

      It has been decided by the House and Senate that no State may add to
    the qualifications prescribed by the Constitution (I, 414-416, 632); and
    the Supreme Court so ruled in U.S. Term Limits, Inc., v. Thorton, 63
    U.S.L.W. 4413 (1995). There, the Court held that States may not
    ``change, add to, or diminish'' constitutional qualifications of
    Members, striking down a State statute prohibiting three-term incumbents
    from appearing on the general election ballot. For qualifications
    generally, see Deschler's Precedents, vol. 2, ch. 7, secs. 9-14.

    [[Page 8]]

      For expulsion of seated Members, which requires a two-thirds vote
    rather than a majority vote, see article I, section 5, clause 2
    (Sec. 62, infra).

    Sec. 13. Minority candidate not seated when
    returned Member is disqualified.

      Both Houses of  Congress have decided, when a Member-
    elect is found to be disqualified, that the person receiving the next
    highest number of votes is not entitled to the seat (I, 323, 326, 450,
    463, 469; VI, 58, 59), even in a case wherein seasonable notice of the
    disqualification was given to the electors (I, 460). In the event of the
    death of a Member-elect, the candidate receiving the next highest number
    of votes is not entitled to the seat (VI, 152).

    Sec. 14. The old provision for
    apportionment of Representatives and direct taxes.

      \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 Number of free Persons, including those bound to
    Service for a Term of Years, and excluding Indians not taxed, three
    fifths of all other Persons.] * * *

    * * * The actual <> Enumeration shall be made within three Years after the
    first Meeting of the Congress of the United States, and within every
    subsequent Term of ten Years, in such Manner as they shall by Law
    direct. The Number of Representatives shall not exceed one for every
    thirty Thousand, but each State shall have at Least one Representative;
    and until such enumeration shall be made, the State of New Hampshire
    shall be entitled to chuse three, Massachusetts eight, Rhode- Island and
    Providence Plantations one, Connecticut five, New York six, New Jersey
    four, Pennsylvania eight, Delaware one, Maryland

    [[Page 9]]

    six, Virginia ten, North Carolina five, South Carolina five, and Georgia
    three.

      The part of this clause relating to the mode of apportionment of
    Representatives was changed after the Civil War by section 2 of the 14th
    amendment and as to taxes on incomes without apportionment, by the 16th
    amendment.

      The census has been taken decennially since 1790, and, with the
    exception of 1920, was followed each time by reapportionment. In the
    First Congress the House had 65 Members; increased after each census,
    except that of 1840, until 435 was reached in 1913 (VI, 39, 40). The Act
    of June 18, 1929 (46 Stat. 26), as amended by the Act of November 15,
    1941 (55 Stat. 761), provides for reapportionment of the existing number
    (435) among the States following each new census (VI, 41-43; see 2
    U.S.C. 2a). Membership was temporarily increased to 436, then to 437,
    upon admission of Alaska (72 Stat. 345) and Hawaii (73 Stat. 8), but
    returned to 435 on January 3, 1963, the effective date of the
    reapportionment under the 18th Decennial census.

      Under the later but not the earlier practice, bills relating to the
    census and apportionment are not privileged for consideration (I, 305-
    308; VI, 48, VII, 889; Apr. 8, 1926, p. 7147).

    Sec. 16. Decisions of the Court.

      Decisions  of the Supreme
    Court of the United States: Dred Scott v. Sandford, 19 Howard, 393;
    Veazie Bank v. Fenno, 8 Wall., 533; Scholey v. Rew, 23 Wall., 331; De
    Treville v. Smalls, 98 U.S. 517; Gibbons v. District of Columbia, 116
    U.S. 404; Pollock v. Farmers Loan & Trust Co. (Income Tax case), 157
    U.S. 429; Pollock v. Farmers' Loan & Trust Co. (Rehearing), 158 U.S.
    601; Thomas v. United States, 192 U.S. 363; Flint v. Stone Tracy Co.,
    220 U.S. 107; Corporation Tax cases, 220 U.S. 107; Eisner v. Macomber,
    252 U.S. 189; New York Trust Co. v. Eisner, 256 U.S. 345.

    Sec. 17. Writs for elections to vacancies
    in representation.

      \4\ When vacancies  happen in the Representation from any State, the
    Executive Authority thereof shall issue Writs of Election to fill such
    Vacancies.

      Vacancies are caused by death, resignation, declination, withdrawal,
    or by action of the House in declaring a vacancy as existing or causing
    one by expulsion.

    [[Page 10]]

    of votes may not receive the credentials (I, 323; VI 152). A Member
    whose seat was contested dying, the House did not admit a claimant with
    credentials until contestant's claim was settled (I, 326); where a
    contestant died after a report in his favor, the House unseated the
    returned Member and declared the seat vacant (II, 965), and in a later
    case the contestant having died, the committee did not recommend to the
    House a resolution it had agreed to declaring he had not been elected
    (VI, 112). In the 93d Congress, when two Members-elect were passengers
    on a missing aircraft and were presumed dead, the Speaker laid before
    the House documentary evidence of the presumptive death of one Member-
    elect and the declaration of a vacancy by the Governor, as well as
    evidence that the status of the other Member-elect had not been
    officially determined by State authority. The House then adopted a
    privileged resolution declaring vacant the seat of the latter Member-
    elect to enable the Governor of that State to call a special election
    (Jan. 3, 1973, p. 15). For further discussion, see Sec. 23, infra.

    Sec. 18. Vacancy from death.

      It was long the  practice to
    notify the executive of the State when a vacancy was caused by the death
    of a Member during a session (II, 1198-1202); but since improvements in
    transportation have made it possible for deceased Members to be buried
    at their homes it has been the practice for State authorities to take
    cognizance of the vacancies without notice. When a Member dies while not
    in attendance on the House or during a recess the House is sufficiently
    informed of the vacancy by the credentials of his successor, when they
    set forth the fact of the death (I, 568). The death of a Member-elect
    creates a vacancy, although no certificate may have been awarded (I,
    323), and in such a case the candidate having the next highest number

    [[Page 11]]

    Vice President and a Representative of the succeeding Congress at the
    same election, transmitted to the Governor of his State his resignation
    as a Member-elect (VI, 230, 453). A Member of the House having been
    nominated and confirmed as Vice President pursuant to the 25th
    amendment, submitted a letter of resignation as a Representative to the
    Governor of his State, and a copy of his letter of resignation was laid
    before the House by the Speaker following the completion of a joint
    meeting for his swearing-in as Vice President (Dec. 6, 1973, p. 39927).
    A sitting Member having been confirmed as Secretary of Defense, his
    letter of resignation was laid before the House prior to his taking the
    oath of that office (Mar. 20, 1989, p. 4976).

    Sec. 19. Vacancy from resignation.

      In recent practice  the
    Member frequently informs the House by letter that his resignation has
    been sent to the State executive (II, 1167-1176) and this is
    satisfactory evidence of the resignation (I, 567) but Members have
    resigned by letter to the House alone, it being presumed that the Member
    would also notify his Governor (VI, 226), and where a Member resigned by
    letter to the House the Speaker was authorized to notify the Governor
    (Nov. 27, 1944, p. 8450; July 12, 1957, p. 11536; Sept. 1, 1976, p.
    28887). Where a Member does not inform the House the State executive may
    do so (II, 1193, 1194; VI, 232). But sometimes the House learns of a
    Member's resignation only by means of the credentials of his successor
    (II, 1195, 1356). Where the fact of a Member's resignation has not
    appeared either from the credentials of his successor or otherwise, the
    Clerk has been ordered to make inquiry (II, 1209), or the House has
    ascertained the vacancy from information given by other Members (II,
    1208). It has been established that a Member or Senator may resign,
    appointing a future date for his resignation to take effect, and until
    the arrival of the date may participate in the proceedings (II, 1220-
    1225, 1228, 1229; VI, 227, 228). In one case a Member who had resigned
    was not permitted by the House to withdraw the resignation (II, 1213),
    but the House permitted it later in another case (VI, 229). Acceptance
    of the resignation of a Member of the House is unnecessary (VI, 65,
    226), and the refusal of a Governor to accept a resignation cannot
    operate to continue membership in the House (VI, 65). Only in a single
    exceptional case has the House taken action in the direction of
    accepting a resignation (II, 1214). Sometimes Members who have resigned
    have been reelected to the same House and taken seats (II, 1210, 1212,
    1256; Jan. 28, 1965 and June 16, 1965, pp. 1452 and 13774; Jan. 6, 1983
    and Feb. 22, 1983, pp. 114 and 2575). A Member who has not taken his
    seat resigned (II, 1231). A letter of resignation is presented as
    privileged (II, 1167-1176); but a resolution to permit a Member to
    withdraw his resignation was not so treated (II, 1213). The Speaker
    having been elected

    Sec. 20. Vacancy from declination.

      A Member who  has been
    elected to a seat may decline to accept it, and in such a case the House
    informed the executive of the State of the vacancy (II, 1234). The House
    has decided an election contest against a returned Member who had not
    appeared to claim the seat (I, 638). In one instance a Member-elect who
    had been convicted in the courts did not appear during the term (IV,
    4484, footnote).

    Sec. 21. Vacancy by withdrawal.

      At the time  of the secession
    of several States, members of the House from those States withdrew (II,
    1218). In the Senate, in cases of such withdrawals, the Secretary was
    directed to omit the names of the Senators from the roll (II, 1219), and
    the act of withdrawal was held to create a vacancy which the legislature
    might recognize (I, 383).

    Sec. 22. Vacancy by action of the House.

      Where the House,  by
    its action in a question of election or otherwise, creates a vacancy,
    the Speaker is directed to notify the Executive of the State (I, 502,
    709, 824; II, 1203-1205; Mar. 1, 1967, p. 5038; Jan. 3, 1973, p. 15;
    Feb. 24, 1981, pp. 2916-18). A resolution as to such notification is
    presented as a question of privilege (III, 2589), as is a resolution
    declaring a vacancy where the Member-elect was unable to take the oath
    of office or to resign because of an incapacitating illness (Feb. 24,
    1981, pp. 2916-18).

    [[Page 12]]

    where the plane was lost, the House declared the seat vacant (H. Res. 1,
    93d Cong., Jan. 3, 1973, p. 15).

    Sec. 23. Questions as to the existence of a
    vacancy.

      The House declines  to give prima facie effect to credentials, even though they
    be regular in form, until it has ascertained whether or not the seat is
    vacant (I, 322, 518, 565, 569), and a person returned as elected at a
    second election was unseated on ascertainment that another person had
    actually been chosen at the first election (I, 646). Where a Member was
    reelected to the House, although at the time of the election he had been
    unaccounted for for several weeks following the disappearance of the
    plane on which he was a passenger, the Governor of the State from which
    he was elected transmitted his certificate to the House in the regular
    fashion. When the Member-elect was still missing at the time the new
    Congress convened, and circumstances were such that other passengers on
    the missing plane had been presumed dead following judicial inquiries in
    the State

    <>   \5\
    The House of Representatives shall chuse their Speaker and other
    Officers; * * *

    Sec. 24. Functions of the state executive
    in filling vacancies.

      The term ``vacancy''  as occurring in this paragraph of the
    Constitution has been examined in relation to the functions of the State
    executive (I, 312, 518). A Federal law empowers the States and
    Territories to provide by law the times of elections to fill vacancies
    (I, 516; 2 U.S.C. 8); but an election called by a governor in pursuance
    of constitutional authority was held valid although no state law
    prescribed time, place, or manner of such election (I, 517). Where two
    candidates had an equal number of votes, the governor did not issue
    credentials to either, but ordered a new election after they had waived
    their respective claims (I, 555). A candidate elected for the 104th
    Congress was appointed by the Governor to fill a vacancy for the
    remainder of the 103d Congress pursuant to a State law requiring the
    Governor to appoint the candidate who won the election to the 104th
    Congress. In that case the House authorized the Speaker to administer
    the oath to the Member-elect and referred the question of his final
    right to the seat in the 103d Congress to the Committee on House
    Administration (Nov. 29, 1994, pp. 29585, 29586).
    <>   A
    Member elected to fill a vacancy serves no longer time than the
    remainder of the term of the Member whose place he fills (I, 3). For the
    compensation and allowances of such Members, see Sec. 87, infra.

      The officers of the House are the Speaker, who has always been one of
    its Members and whose term as Speaker must expire with his term as a
    Member; and the Clerk, Sergeant-at-Arms, Chief Administrative Officer,
    and Chaplain (I, 187), no one of whom has ever been chosen from the
    sitting membership of the House and who continue in office until their
    successors are chosen and qualified (I, 187). In one case the officers
    continued through the entire Congress succeeding that in which they were
    elected (I, 244, 263). Former officers include Doorkeeper (abolished by
    the 104th Congress, see Sec. 663a, infra) and Postmaster (abolished
    during the 102d Congress, see Sec. 668, infra). The House formerly
    provided by special rule that the Clerk should continue in office until
    another should be chosen (I, 187, 188, 235, 244). Currently, certain
    statutes impose on the officers duties which contemplate their
    continuance (I, 14, 15; 2 U.S.C. 75a-1, 83).

    [[Page 13]]

    for this election (I, 217). Ultimately, the House, and not the Clerk,
    decides by what method it shall elect the Speaker (I, 210). On two
    occasions, by special rules, Speakers were chosen by a plurality of
    votes; but in each case the House by majority vote adopted a resolution
    declaring the result (I, 221, 222). The House has declined to choose a
    Speaker by lot (I, 221).

    Sec. 27. Election of a Speaker.

      The Speaker, who  was at
    first elected by ballot, has been chosen viva voce by surname in
    response to a call of the roll since 1839 (I, 187). The Speaker is
    elected by a majority of Members-elect voting by surname, a quorum being
    present (I, 216; VI, 24; Jan. 7, 1997, p. ----). The Clerk appoints
    tellers

      The motion to proceed to the election of a Speaker is privileged (I,
    212, 214; VIII, 3883), and debatable unless the previous question is
    ordered (I, 213). Relying on the Act of June 1, 1789 (2 U.S.C. 25), the
    Clerk recognized for nominations for Speaker as being of higher
    constitutional privilege than a resolution to postpone the election of a
    Speaker and instead provide for the election of a Speaker pro tempore
    pending the disposition of certain ethics charges against the nominee of
    the majority party (Jan. 7, 1997, p. ----). On several occasions the
    choice of a Speaker has been delayed for several weeks by contests (I,
    222; V, 5356, 6647, 6649; VI, 24). The contest over the election of a
    Speaker in 1923 was resolved after a procedure for the adoption of rules
    for the 68th Congress had been presented (VI, 24). In 1860 the voting
    for Speaker proceeded slowly, being interspersed with debate (I, 223),
    and in one instance the House asked candidates for Speaker to state
    their views before proceeding to election (I, 218).

    Sec. 28. Vacancies in the office of
    Speaker.

      A proposition  to elect a Speaker is in order at any time a vacancy exists
    and presents a question of the highest privilege (VIII, 3383). Upon a
    vacancy in the office of Speaker, the House elects a new Speaker either
    viva voce following nominations (in the case where a Speaker has died
    between sessions of Congress or resigned) or by resolution (in the case
    where a Speaker has died during a session of Congress). For example, in
    the case where the Speaker had died between sessions of Congress, the
    Clerk at the next session called the House to order, ascertained the
    presence of a quorum, and then the House proceeded to elect a successor
    viva voce following nominations (I, 234; Jan. 10, 1962, p. 5). In a case
    where the Speaker died during a session of Congress, but not while the
    House was sitting, the Clerk on the following day called the House to
    order and the Speaker's successor was elected by resolution (June 4,
    1936, p. 9016; Sept. 16, 1940, p. 12231). In a case where the Speaker
    resigned ``on the election of my successor'' (May 31, 1989, p. 10440),
    he entertained nominations for Speaker and, following the roll call,
    declared the winner of the election ``duly elected Speaker'' (June 6,
    1989, p. 10801). In one instance a Speaker resigned on the last day of
    the Congress, and the House unanimously adopted a motion to elect a
    successor for the day (I, 225).

    [[Page 14]]

    a Member to the Chair and tendering the resignation verbally from the
    floor (I, 225), by tendering the resignation during recognition under a
    question of personal privilege (May 31, 1989, p. 10440), or by sending a
    letter which the Clerk reads to the House at the beginning of a new
    session (I, 232). When the Speaker resigns no action of the House
    excusing him from service is taken (I, 232). Instance wherein the
    Speaker, following a vote upon an essential question indicating a change
    in the party control of the House, announced that under the
    circumstances it was incumbent upon the Speaker to resign or to
    recognize for a motion declaring vacant the office of Speaker (VI, 35).
    <>   The effect of a law to regulate the action of the House in
    choosing its own officers has been discussed (IV, 3819), and such a law
    has been considered of doubtful validity (V, 6765, 6766) in theory and
    practice (I, 241, 242). The Legislative Reorganization Act of 1946 (2
    U.S.C. 75a-1) authorizes the Speaker to fill temporary vacancies in the
    offices of Clerk, Sergeant-at-Arms, Chief Administrative Officer, and
    Chaplain. For a history of the Speaker's exercise of such authority, see
    Sec. 640, infra;  and, for further information on the elections of
    officers, see Deschler's Precedents, vol. 1, ch. 6.
      Form of resolution offered on death of a Speaker (Sept. 16, 1940, p.
    12232; Jan. 10, 1962, p. 9) and of a former Speaker (VIII, 3564; Mar. 7,
    1968, p. 5742; H. Res. 328, Jan. 25, 1994, p. ----; H. Res. 418, Feb. 8,
    2000, p. ----). A resolution declaring vacant the office of Speaker is
    presented as a matter of high constitutional privilege (VI, 35).
    Speakers have resigned by rising in their place and addressing the House
    (I, 231, 233), by calling

    <> * * * and
    [the House of Representatives] shall have the sole Power of Impeachment.

    Sec. 30. Election of Clerk in relation to
    business.

      The office of  Clerk becoming vacant, it was held that the House would not
    be organized for business until a Clerk should be elected (I, 237); but
    in another instance some business intervened before a Clerk was elected
    (I, 239). At the time of organization, while the Clerk of the preceding
    House was yet officiating, and after the Speaker had been elected, the
    House proceeded to legislation and other business before electing a
    Clerk (I, 242, 244). But in one case it was held that the Act of June 1,
    1789 (2 U.S.C. 25) bound the House to elect the Clerk before proceeding
    to business (I, 241).

      In 1868 the Senate ceased in its rules to describe the House, acting
    in an impeachment, as the ``grand inquest of the nation'' (III, 2126).
    See also art. II, sec. 4 (Sec. 173, infra); Deschler's Precedents, vol.
    3, ch. 14.

      A Federal court having subpoenaed certain evidence gathered by a
    committee of the House in an impeachment inquiry, the House adopted a
    resolution granting such limited access to the evidence as would not
    infringe upon its sole power of impeachment (Aug. 22, 1974, p. 30047).

    [[Page 15]]

    prompted by a communication from an independent counsel, see Sec. 176,
    infra.

      Until the law expired on June 30, 1999, an independent counsel was
    required to advise the House of any substantial and credible information
    that may constitute grounds for impeachment of an officer under his
    investigation (28 U.S.C. 595(c)). For a description of impeachment
    proceedings

    Sec. 32. Numbers, terms, and votes
    of Senators.

      Section 3. \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.]

      This provision has now been changed by the 17th amendment to the
    Constitution.

    Sec. 33. Division of the Senate into
    classes.

      \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 Expiration of
    the <> sixth Year,
    so that one-third may be chosen every second Year; [and if Vacancies
    happen by Resignation,
    or otherwise, during the Recess of the Legislature of any State, the
    Executive thereof may make temporary Appointments until the next Meeting
    of the Legislature, which shall then fill such Vacancies.]

      That part of the above paragraph in brackets was changed by the 17th
    amendment.

    [[Page 16]]

    Sec. 35. Qualifications of Senators.

      \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.

      In 1794 the Senate decided that Albert Gallatin was disqualified, not
    having been a citizen nine years although he had served in the war of
    Independence and was a resident of the country when the Constitution was
    formed (I, 428); and in 1849 that James Shields was disqualified, not
    having been a citizen for the required time (I, 429). But in 1870 the
    Senate declined to examine as to H. R. Revels, a citizen under the
    recently adopted 14th amendment (I, 430). As to inhabitancy the Senate
    seated one who, being a citizen of the United States, had been an
    inhabitant of the State from which he was appointed for less than a year
    (I, 437). Also one who, while stationed in a State as an army officer
    had declared his intention of making his home in the State, was admitted
    by the Senate (I, 438). A Senator who at the time of his election was
    actually residing in the District of Columbia as an officeholder, but
    who voted in his old home and had no intent of making the District his
    domicile, was held to be qualified (I, 439).

    Sec. 36. The Vice President and his
    vote.

      \4\ The Vice  President of the United States shall be President of the Senate,
    but shall have no Vote, unless they be equally divided.

    <>   \5\ The Senate shall chuse their other Officers, and
    also a President pro tempore, in the Absence of the Vice President, or
    when he shall exercise the Office of President of the United States.

      The right of the Vice President to vote has been construed to extend
    to questions relating to the organization of the Senate (V, 5975), as
    the election of officers of the Senate (V, 5972-5974), or a decision on
    the title of a claimant to a seat (V, 5976, 5977). The Senate has
    declined to make a rule relating to the vote of the Vice President (V,
    5974).

    -  \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 Person shall be convicted

    [[Page 17]]

    without the Concurrence of two thirds of the Members present.

      In the 107th Congress the Senate elected two Presidents of the Senate
    pro tempore for different periods when the majority of the Senate
    shifted after inauguration of the Vice President (S. Res. 3, Jan. 3,
    2001, p. ----).

      For the exclusive power of the Senate to try impeachments under the
    United States Constitution, see Ritter v. United States, 84 Ct. Cls. 293
    (1936), cert. denied, 300 U.S. 668 (1937). See also Mississippi v.
    Johnson, 71 U.S. (4 Wall.) 475 (1867) (dictum). For the
    nonjusticiability of a claim that Senate Rule XI violates the
    impeachment trial clause by delegating to a committee of 12 Senators the
    responsibility to receive evidence, hear testimony, and report to the
    Senate thereon, see Nixon v. United States, 506 U.S. 224 (1993). For a
    discussion of Senate impeachment procedures, see Sec. Sec. 608-20,
    infra.

    Sec. 41. Judgment in cases of
    impeachment.

      \7\ Judgment in  Cases of Impeachment shall not extend further than to
    removal from Office, and disqualification to hold and enjoy any Office
    of honor, Trust or Profit under the United States: but the Party
    convicted shall nevertheless be liable and subject to Indictment, Trial,
    Judgment and Punishment, according to Law.

      There has been discussion as to whether or not the Constitution
    requires both removal and disqualification on conviction (III, 2397);
    but in the case of Pickering, the Senate decreed only removal (III,
    2341). In the case of Humphreys, judgment of both removal and
    disqualification was pronounced (III, 2397). In the Ritter case, it was
    first held that upon conviction of the respondent, judgment of removal
    required no vote, following automatically from conviction under article
    II, section 4 (Apr. 17, 1936, p. 5607). In the 99th Congress, having
    tried to conviction the first impeachment case against a Federal
    district judge since 1936, the Senate ordered his removal from office
    (Oct. 9, 1986, p. 29870). In the 101st Congress, two other Federal
    district judges were removed from office following their convictions in
    the Senate (Oct. 20, 1989, p. 25335; Nov. 3, 1989, p. 27101). For a
    further discussion of judgments in cases of impeachment, see Sec. 619,
    infra.

    [[Page 18]]

    any time by Law make or alter such Regulations, except as to the places
    of chusing Senators.

    Sec. 42. Times, places, and manner
    of elections of Representatives and Senators.

      Section 4. \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

      The relative powers of the Congress and the States under this graph
    have been the subject of much discussion (I, 311, 313, 507, footnote);
    but Congress has in fact fixed by law the time of elections (I, 508; VI,
    66; 2 U.S.C. 7), and has controlled the manner to the extent of
    prescribing a ballot or voting machine (II, 961; VI, 150; 2 U.S.C. 9).
    When a State delegated to a municipality the power to regulate the
    manner of holding an election, a question arose (II, 975). A question
    has arisen as to whether or not a State, in the absence of action by
    Congress, might make the time of election of Congressmen contingent on
    the time of the State election (I, 522). This paragraph gives Congress
    the power to protect the right to vote in primaries where they are an
    integral part of the election process. United States v. Wurzbach, 280
    U.S. 396 (1930); United States v. Classic, 313 U.S. 299 (1941). Congress
    may legislate under this paragraph to protect the exercise of the
    franchise in congressional elections. Ex parte Siebolt, 100 U.S. 371
    (1880); Ex parte Yarbrough, 110 U.S. 651 (1884).

    Sec. 43. Functions of a State legislature in
    fixing time, etc., of elections.

      The meaning of  the word ``legislature'' in this
    clause of the Constitution has been the subject of discussion (II, 856),
    as to whether or not it means a constitutional convention as well as a
    legislature in the commonly accepted meaning of the word (I, 524). The
    House has sworn in Members chosen at an election the time, etc., of
    which was fixed by the schedule of a constitution adopted on that
    election day (I, 519, 520, 522). But the House held that where a
    legislature has been in existence a constitutional convention might not
    exercise the power (I, 363, 367). It has been argued generally that the
    legislature derives the power herein discussed from the Federal and not
    the State Constitution (II, 856, 947), and therefore that the State
    constitution might not in this respect control the State legislature
    (II, 1133). The House has sustained this view by its action (I, 525).
    But where the State constitution fixed a date for an election and the
    legislature had not acted, although it had the opportunity, the House
    held the election valid (II, 846).

    [[Page 19]]

    285, Congress lowered the minimum age of voters in all Federal, state
    and local elections from 21 to 18 years. In Oregon v. Mitchell, 400 U.S.
    112 (1970), the Supreme Court upheld the power of Congress under article
    I, section 4 and under section 5 of the 14th amendment to the
    Constitution to fix the age of voters in Federal elections, but held
    that the tenth amendment to the Constitution reserved to the States the
    power to establish voter age qualifications in State and local
    elections. The 26th amendment to the Constitution extended the right of
    persons 18 years of age or older to vote in elections held under State
    authority.

    Sec. 44. Decisions of the Court.

      Decisions  of the Supreme
    Court of the United States: Ex parte Siebold, 100 U.S. 371 (1880); Ex
    parte Clark, 100 U.S. 399 (1880); Ex parte Yarbrough, 110 U.S. 651
    (1884); In re Coy, 127 U.S. 731 (1888); Ohio v. Hildebrant, 241 U.S. 565
    (1916); United States v. Mosley, 238 U.S. 383 (1915); United States  v.
    Gradwell, 243 U.S. 476 (1917); Newberry v. United States, 256 U.S. 232
    (1921); Smiley v. Holme, 285 U.S. 355 (1932); United States v. Classic,
    313 U.S. 299 (1941); Smith v. Allwright, 321 U.S. 649 (1944); Roudebush
    v. Hartke, 405 U.S. 15 (1972); Storer v. Brown, 415 U.S. 724 (1974);
    Buckley v. Valeo, 424 U.S. 1 (1976); U.S. Term Limits, Inc., v. Thorton,
    514 U.S. 779 (1995); and Foster v. Love, 522 U.S. 67 (1997). In Public
    Law 91-

    Sec. 45. Annual meeting of Congress.

      \2\ [The Congress  shall
    assemble at least once in every Year, and such Meeting shall be on the
    first Monday in December, unless they shall by Law appoint a different
    Day.]

      This provision of the Constitution has been superseded by the 20th
    amendment.

      In the later but not the earlier practice (I, 5), prior to the 20th
    amendment, the fact that Congress had met once within the year did not
    make uncertain the constitutional mandate to meet on the first Monday of
    December (I, 6, 9-11). Early Congresses, convened either by proclamation
    or law on a day earlier than the constitutional day, remained in
    continuous session to a time beyond that day (I, 6, 9-11). But in the
    later view an existing session ends with the day appointed by the
    Constitution for the regular annual session (II, 1160); see Sec. 84,
    infra. Congress has frequently appointed by law a day for the meeting
    (I, 4, 5, 10-12, footnote; see also Sec. 243, infra).

    Sec. 46. House the judge of elections,
    returns, and qualifications.

      Section 5. \1\ Each  House shall be the Judge of the
    Elections, Returns and Qualifications of its own Members, * * *.

    [[Page 20]]

      In judging the qualifications of its Members, the House may not add
    qualifications to those expressly stated in the United States
    Constitution. Powell v. McCormack, 395 U.S. 486 (1969). This phrase
    allows the House or Senate to deny the right to a seat without
    unlawfully depriving a State of its right to equal representation. Barry
    v. United States ex rel Cunningham, 279 U.S. 597 (1929). But a State may
    conduct a recount of votes without interfering with the authority of the
    House under this phrase. Roudebush v. Hartke, 405 U.S. 15 (1972). For
    discussion of the power of the House to judge elections, see Deschler's
    Precedents, vol. 2, ch. 8 (elections) and ch. 9 (election contests); for
    discussion of the power of the House to judge qualifications, see
    Deschler's Precedents, vol. 2, ch. 7.

      The House has the same authority to determine the right of a Delegate
    to his seat that it has in the case of a Member (I, 423). The House may
    not delegate the duty of judging its elections to another tribunal (I,
    608), and the courts of a State have nothing to do with it (II, 959).
    The House has once examined the relations of this power to the power to
    expel (I, 469).

    Sec. 47. Power of judging as related to State
    laws as to returns.

      As nearly all  the laws governing the elections of
    Representatives in Congress are State laws, questions have often arisen
    as to the relation of this power of judging to those laws (I, 637). The
    House decided very early that the certificate of a State executive
    issued in strict accordance with State law does not prevent examination
    of the votes by the House and a reversal of the return (I, 637). The
    House has also held that it is not confined to the conclusions of
    returns made up in strict conformity to State law, but may examine the
    votes and correct the returns (I, 774); and the fact that a State law
    gives canvassers the right to reject votes for fraud and irregularities
    does not preclude the House from going behind the returns (II, 887). The
    highest court in one State (Colorado) has ruled that it lacked
    jurisdiction to pass upon a candidate's allegations of irregularities in
    a primary election and that the House had exclusive jurisdiction to
    decide such questions and to declare the rightful nominee (Sept. 23,
    1970, p. 33320).

    Sec. 48. Power of judging as related to
    State laws as to acts of the voter.

      When the question  concerns not the acts of returning
    officers, but the act of the voter in giving his vote, the House has
    found more difficulty in determining on the proper exercise of its
    constitutional power. While the House has always acted on the principle
    of giving expression to the intent of the voter (I, 575, 639, 641; II,
    1090), yet it has held that a mandatory State law, even though
    arbitrary, may cause the rejection of a ballot on which the intent of
    the voter is plain (II, 1009, 1056, 1077, 1078, 1091). See Deschler's
    Precedents, vol. 2, ch. 8, sec. 8.11, for discussion of distinction
    between directory state laws governing the conduct of election officials
    as to ballots, and mandatory laws regulating the conduct of voters.

    [[Page 21]]

    Sec. 49. Power of House as related to
    constitutionality of State laws.

      Where the State  courts have upheld a State election
    law as constitutional the House does not ordinarily question the law
    (II, 856, 1071). But where there has been no such decision the House, in
    determining its election cases, has passed on the validity of State laws
    under State constitutions (II, 1011, 1134), and has acted on its
    decision that they were unconstitutional (II, 1075, 1126), but it is not
    the policy of the House to pass upon the validity of State election laws
    alleged to be in conflict with the State constitution (VI, 151).

    Sec. 50. Effect of interpretation of State
    election laws by State courts.

      The courts of  a State have nothing to do directly
    with judging the elections, qualifications, and returns of
    Representatives in Congress (II, 959), but where the highest State court
    has interpreted the State law the House has concluded that it should
    generally be governed by this interpretation (I, 645, 731; II, 1041,
    1048), but does not consider itself bound by such interpretations (VI,
    58). The House is not bound, however, by a decision on an analogous but
    not the identical question in issue (II, 909); and where the alleged
    fraud of election judges was in issue, the acquittal of those judges in
    the courts was held not to be an adjudication binding on the House (II,
    1019). For a recent illustration of a protracted election dispute
    lasting four months see House Report 99-58, culminating in House
    Resolution 146 of the 99th Congress (May 1, 1985, p. 9998).

    Sec. 51. Laws of Congress not binding on the
    House in its function of judging its elections.

      The statutes of  the United States
    provide specific methods for institution of a contest as to the title to
    a seat in the House (I, 678, 697-706) (2 U.S.C. 381); but the House
    regards this law as not of absolute binding force, but rather a
    wholesome rule not to be departed from except for cause (I, 597, 719,
    825, 833), and it sometimes by resolution modifies the procedure
    prescribed by the law (I, 449, 600).

    Sec. 51a. Decisions of the Court.

      Decisions  of the Supreme
    Court of the United States: In re Loney, 134 U.S. 317 (1890); Reed v.
    County Commissioners, 277 U.S. 376 (1928); Barry v. United States ex
    rel. Cunningham, 279 U.S. 597 (1929); Roudebush v. Hartke, 405 U.S. 15
    (1972).

    Sec. 52. The quorum.

      * * * and a  Majority of each [House]
    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.

    [[Page 22]]

    Sec. 53. Interpretation of the Constitution
    as to number constituting a quorum.

      Out of conditions  arising between 1861 and 1891 the
    rule was established that a majority of the Members chosen and living
    constituted the quorum required by the Constitution (IV, 2885-2888); but
    later examination has resulted in a decision confirming in the House of
    Representatives the construction established in the Senate that a quorum
    consists of a majority of Senators duly chosen and sworn (I, 630; IV,
    2891-2894). So the decision of the House now is that after the House is
    once organized the quorum consists of a majority of those Members
    chosen, sworn, and living whose membership has not been terminated by
    resignation or by the action of the House (IV, 2889, 2890; VI, 638).

    Sec. 54. The theory of the quorum present; and
    the count by the Speaker.

      For many years  the quorum was determined only by noting the
    numbers of Members voting (IV, 2896, 2897), with the result that Members
    by refusing to vote could often break a quorum and obstruct the public
    business (II, 1034; IV, 2895, footnote; V, 5744). But in 1890 Mr.
    Speaker Reed directed the Clerk to enter on the Journal as part of the
    record of a yea-and-nay vote names of Members present but not voting,
    thereby establishing a quorum of record (IV, 2895). This decision,
    afterwards sustained by the Supreme Court (IV, 2904; United States v.
    Ballin, 144 U.S. (1892)), established the principle that a quorum
    present made valid any action by the House, although an actual quorum
    might not vote (I, 216, footnote; IV, 2932). And thenceforth the point
    of order as to a quorum was required to be that no quorum was present
    and not that no quorum had voted (IV, 2917). At the time of the
    establishment of this principle the Speaker revived the count by the
    Chair as a method of determining the presence of a quorum at a time when
    no record vote was ordered (IV, 2909). The Speaker has permitted his
    count of a quorum to be verified by tellers (IV, 2888), but did not
    concede it as a right of the House to have tellers under the
    circumstances (IV, 2916; VI, 647-651; VIII, 2369, 2436), claiming that
    the Chair might determine the presence of a quorum in such manner as he
    should deem accurate and suitable (IV, 2932). The Chair counts all
    Members in sight, whether in the cloak rooms, or within the bar (IV,
    2970; VIII, 3120). Later, as the complement to the new view of the
    quorum, the early theory that the presence of a quorum was as necessary
    during debate or other business as on a vote was revived (IV, 2935-
    2949); also a line of rulings made under the old theory were overruled,
    and it was established that the point of no quorum might be made after
    the House had declined to verify a division by tellers or the yeas and
    nays (IV, 2918-2926).

    [[Page 23]]

    Sec. 55. Relations of the quorum to acts of the
    House.

      The absence of  a quorum having been disclosed, there must be a quorum of
    record before the House may proceed to business (IV, 2952, 2953; VI,
    624, 660, 662), and the point of no quorum may not be withdrawn even by
    unanimous consent after the absence of a quorum has been ascertained and
    announced by the Chair (IV, 2928-2931; VI, 657; Apr. 13, 1978, p. 10119;
    Sept. 25, 1984, p. 26778). But when an action has been completed, it is
    too late to make the point of order that a quorum was not present when
    it was done (IV, 2927; VI, 655). But where action requiring a quorum was
    taken in the ascertained absence of a quorum by ruling of a Speaker pro
    tempore, the Speaker on the next day ruled that the action was null and
    void (IV, 2964; see also VIII, 3161). But such absence of a quorum
    should appear from the Journal if a legislative act is to be vacated for
    such reason (IV, 2962), and where the assumption that a quorum was
    present when the House acted was uncontradicted by the Journal, it was
    held that this assumption might not be overthrown by expressions of
    opinion by Members individually (IV, 2961).

      Major revisions in the House rules concerning the necessity and
    establishment of a quorum occurred in the 94th, 95th, and 96th
    Congresses. Under the practice in the 93d Congress, for example, a point
    of no quorum would prevent the report of the Chairman of a Committee of
    the Whole (VI, 666); but in the 93d Congress former clause 6 of rule XV
    (current clause 7 of rule XX) was adopted to provide that after the
    presence of a quorum is once ascertained on any day, a point of no
    quorum could not be entertained after the Committee had risen and
    pending the report of the Chairman to the House (see Sec. 1027, infra).
    Clause 7 of rule XX now specifically precludes a point of no quorum
    unless a question has been put to a vote. However, the Speaker retains
    the right to recognize a Member to move a call of the House at any time
    (but may, under clause 7(c) of rule XX recognize for a call of the House
    after the previous question has been ordered only when the Speaker
    determines by actual count that a quorum is not present). A point of
    order of no quorum during debate only in the House does not lie
    independently under this clause of the Constitution since former clause
    6 of rule XV (current clause 7 of rule XX) is a proper exercise of the
    House's constitutional rulemaking authority which can be interpreted
    consistently with the requirement that a quorum be present to conduct
    business (as opposed to mere debate) (Sept. 8, 1977, p. 28114; Sept. 12,
    1977, p. 28800).

    [[Page 24]]

      Before these recent changes to former rule XV (current rule XX), a
    quorum was required at all times during the reading of the Journal (IV,
    2732, 2733; VI, 625, 629) or messages from the President or the Senate
    (IV, 3522; VI 6600, 6650; VIII 3339); but the modern practice would
    require the presence of a quorum only when the question is put on a
    pending motion or proposition in the House such as on a motion incident
    to the reading, amendment, or approval of the Journal or on the referral
    or other disposition of other papers read to the House. A point of no
    quorum no longer lies during debate in the House. The practice in the
    Committee of the Whole is now governed by clause 6 of rule XVIII. No
    motion is in order on the failure of a quorum but the motions to adjourn
    and for a call of the House (IV, 2950; VI, 680) and the motion to
    adjourn has precedence over the motion for a call of the House (VIII,
    2642). A call of the House is in order under the Constitution before the
    adoption of the rules (IV, 2981). Those present on a call of the House
    may prescribe a fine as a condition on which an arrested Member may be
    discharged (IV, 3013, 3014), but this is rarely done. A quorum is not
    required on motions incidental to a call of the House (IV, 2994; VI,
    681; Oct. 8, 1940, p. 13403; and Oct. 8, 1968, p. 30090). The House may
    adjourn sine die in the absence of a quorum where both Houses have
    already adopted a concurrent resolution providing for a sine die
    adjournment on that day (Oct. 18, 1972, p. 37200).

    Sec. 56. Relations of the quorum to organization
    of the House.

      At the time  of organization the two Houses inform one another of the
    appearance of the quorum in each, and the two Houses jointly inform the
    President (I, 198-203). A message from one House that its quorum has
    appeared is not delivered in the other until a quorum has appeared there
    also (I, 126). But at the beginning of a second session of a Congress
    the House proceeded to business, although a quorum had not appeared in
    the Senate (I, 126). At the beginning of a second session of a Congress
    unsworn Members-elect were taken into account in ascertaining the
    presence of a quorum (I, 175); however, at the beginning of the second
    session of the 87th Congress, the Clerk called the House to order,
    announced the death of Speaker Rayburn during the sine die adjournment,
    and did not call unsworn Members-elect or Members who had resigned
    during the hiatus to establish a quorum or elect a new Speaker (Jan. 10,
    1962, p. 5). In both Houses the oath has been administered to Members-
    elect in the absence of a quorum (I, 174, 181, 182; VI, 22), although in
    one case the Speaker objected to such proceedings (II, 875). Prayer by
    the Chaplain is not business requiring the presence of a quorum and the
    Speaker declines to entertain a point of no quorum before prayer is
    offered (VI, 663; clause 7 of rule XX).

    <>   \2\ Each House may
    determine the Rules of its Proceedings, * * *

    Sec. 57. Decisions of the Court.

      Decisions  of the Supreme
    Court of the United States: Kilbourn v. Thompson, 103 U.S. 190 (1881);
    United States v. Ballin, 144 U.S. 1 (1892); Burton v. United States, 202
    U.S. 344 (1906).

    [[Page 25]]

    VII, 889; Apr. 8, 1926, p. 7147). But a law passed by an existing
    Congress with the concurrence of the House has been recognized by that
    House as of binding force in matters of procedure (V, 6767, 6768). In
    exercising its constitutional power to change its rules the House may
    confine itself within certain limitations (V, 6756; VIII, 3376); but the
    attempt of the House to deprive the Speaker of his vote as a Member by a
    rule was successfully resisted (V, 5966, 5967). While a the Act of June
    1, 1789 (see 2 U.S.C. 25) requires the election of a Clerk before the
    House proceeds to business yet the House has held that it may adopt
    rules before electing a Clerk (I, 245). Although the Speaker ceases to
    be an officer of the House with the expiration of a Congress, the Clerk,
    by old usage, continues in a new Congress (I, 187, 188, 235, 244; see 2
    U.S.C. 26). In case of a vacancy in the office of Clerk, Sergeant-at-
    Arms, Doorkeeper (abolished by the 104th Congress; see Sec. 663a,
    infra), Postmaster (abolished during the 102d Congress; see Sec. 668,
    infra), Chaplain, or Chief Administrative Officer, the Speaker is
    authorized to make temporary appointments (2 U.S.C. 75a-1). The House
    has adopted a rule before election of a Speaker (I, 94, 95); but in 1839
    was deterred by the Act of June 1, 1789 and the Constitution from
    adopting rules before the administration of the oath to Members-elect
    (I, 140). The earlier theory that an officer might be empowered to
    administer oaths by a rule of either House has been abandoned in later
    practice and the authority has been conferred by law (III, 1823, 1824,
    2079, 2303, 2479; 2 U.S.C. 191).

    Sec. 59. Power to make rules not impaired by
    rules or law.

      The power of  each House of Representatives to make its own rules may
    not be impaired or controlled by the rules of a preceding House (I, 187,
    210; V, 6002, 6743-6747), or by a law passed by a prior Congress (I, 82,
    245; IV, 3298, 3579; V, 6765, 6766). The House in adopting its rules
    may, however, incorporate by reference as a part thereof all applicable
    provisions of law which constituted the rules of the House at the end of
    the preceding Congress (H. Res. 5, 95th Cong., Jan. 4, 1977, pp. 53-70)
    and has also incorporated provisions of concurrent resolutions which
    were intended to remain applicable under the Budget Act (H. Res. 5,
    107th Cong., Jan. 3, 2001, p. ----). The House has twice reaffirmed
    free-standing directives to the Committee on Standards of Official
    Conduct contained in a simple House resolution (H. Res. 168, 105th
    Cong., p. ----, reaffirmed for the 106th Congress by sec. 2(c), H. Res.
    5, Jan. 6, 1999, p. ----, and reaffirmed for the 107th Congress with an
    exception by sec. 3(a), H. Res. 5, Jan. 3, 2001, p. ----; see Sec. 806,
    infra). The ordinary rights and functions of the House under the
    Constitution are exercised in accordance with the rules (III, 2567), and
    under later decisions questions of so-called constitutional privilege
    should also be considered in accordance with the rules (VI, 48;

    Sec. 60. Procedure in the House before the
    adoption of rules.

      Before the adoption  of rules the House is governed by general
    parliamentary law, but Speakers have been inclined to give weight to the
    rules and precedents of the House in modifying the usual constructions
    of that law (V, 5604, 6758-6760; VIII, 3384; Jan. 3, 1953, p. 24; Jan.
    10, 1967, p. 14). The general parliamentary law as understood in the
    House is founded on Jefferson's Manual as modified by the practice of
    American legislative assemblies, especially of the House of
    Representatives (V, 6761-6763; Jan. 3, 1953, p. 24), but the provisions
    of the House's accustomed rules are not necessarily followed (V, 5509).
    Prior to the adoption of rules, the statutory enactments incorporated
    into the rules of the prior Congress as an exercise of the rulemaking
    power do not control the proceedings of the new House until it adopts
    rules incorporating those provisions (Jan. 22, 1971, p. 132).

    [[Page 26]]

    the adoption of the rules as a question of privilege in its own right
    (IV, 3060; Deschler's Precedents, vol. 1, ch. 1, sec. 8), even prior to
    recognizing another Member to offer as a question of privilege another
    resolution calling into question the constitutionality of that
    resolution (Speaker Foley, Jan. 5, 1993, p. 49). The Speaker also may
    recognize a Member to offer for immediate consideration a special order
    providing for the consideration of a resolution adopting the rules (H.
    Res. 5, Jan. 4, 1995, p. 447). The resolution adopting rules for a
    Congress has included a special order of business for consideration of
    specified legislation (sec. 108, H. Res. 6, Jan. 4, 1995, p. 463; sec.
    3, H. Res. 5, Jan. 6, 1999, p. ----).
      Before the adoption of rules, it is in order for any Member who is
    recognized by the Chair to offer a proposition relating to the order of
    business without asking consent of the House (IV, 3060). Relying on the
    Act of June 1, 1789 (2 U.S.C. 25), the Clerk recognized for nominations
    for Speaker as being of higher constitutional privilege than a
    resolution to postpone the election of a Speaker and instead provide for
    the election of a Speaker pro tempore pending the disposition of certain
    ethics charges against the nominee of the majority party (Jan. 7, 1997,
    p. ----). The Speaker may recognize the Majority Leader to offer an
    initial resolution providing for

      During debate on the resolution adopting rules, any Member may make a
    point of order that a quorum is not present based upon general
    parliamentary precedents, since the provisions of former clause 6(e) of
    rule XV (current clause 7 of rule XX) prohibiting the Chair from
    entertaining such a point of order unless the question has been put on
    the pending proposition are not yet applicable (Jan. 15, 1979, p. 10).
    Before adoption of rules, under general parliamentary law as modified by
    usage and practice of the House, an amendment may be subject to the
    point of order that it is not germane to the proposition to which
    offered (Jan. 3, 1969, p. 23). Before adoption of rules, the Speaker may
    maintain decorum by directing a Member who has not been recognized in
    debate beyond an allotted time to be removed from the well and by
    directing the Sergeant-at-Arms to present the mace as the traditional
    symbol of order (Jan. 3, 1991, p. 58).

      The motion to commit is permitted after the previous question has been
    ordered on the resolution adopting the rules (V, 5604; Jan. 3, 1989, p.
    81; Jan. 3, 1991, p. 61) but is not debatable (Jan. 7, 1997, p. ----).
    It is the prerogative of the minority to offer a motion to commit even
    prior to the adoption of the rules, but at that point the proponent need
    not qualify as opposed to the resolution (Jan. 3, 1991, p. 61; Jan. 4,
    1995, p. 457). Such a motion to commit is not divisible, but if it is
    agreed to and more than one amendment is reported back pursuant thereto,
    then separate votes may be had on the reported amendments (Jan. 5, 1993,
    p. 98). The motion to refer has also been permitted upon the offering of
    a resolution adopting the rules, and prior to debate thereon, subject to
    the motion to lay on the table (Jan. 5, 1993, p. 52).

    Sec. 61. Joint rules.

      The two Houses  of Congress adopted in
    the early years of the Government joint rules to govern their procedure
    in matters requiring concurrent action; but in 1876 these joint rules
    were abrogated (IV, 3430; V, 6782-6787). The most useful of their
    provision continued to be observed in practice, however (IV, 3430; V,
    6592).

    [[Page 27]]

    Sec. 61a. Decisions of the Court.

      Decisions  of the Supreme
    Court of the United States: United States v. Smith, 286 U.S. 6 (1932);
    Christoffel v. United States, 338 U.S. 84 (1949); United States v.
    Bryan, 339 U.S. 323 (1950); Yellin v. United States, 374 U.S. 109
    (1963); Powell v. McCormack, 395 U.S. 486 (1969).

    Sec. 62. Punishment and expulsion of
    Members.

      * * * [Each House may]  punish its Members for disorderly Behaviour, and, with the
    Concurrence of two thirds, expel a Member.

    Sec. 63. Punishment by reprimand or
    censure.

      Among the  punishments that the House may impose under this provision,
    the rules of the Committee on Standards of Official Conduct outline the
    following: (1) expulsion from the House; (2) censure; (3) reprimand; (4)
    fine; (5) denial or limitation of any right, power, privilege, or
    immunity of the Member if not in violation of the Constitution; or (6)
    any other sanction determined by the Committee to be appropriate (Rule
    25, Committee on Standards of Official Conduct, 106th Cong.). In action
    for censure the House has discussed whether or not the principles of the
    procedure of the courts should be followed (II, 1255). In one instance,
    pending consideration of a resolution to censure a Member, the Speaker
    informed him that he should retire (II, 1366), but this is not usual,
    and Members, against whom resolutions have been pending have
    participated in debate either by consent (II, 1656) or without question
    as to consent (II, 1246, 1253). A Member against whom a resolution of
    censure was pending was asked by the Speaker if he desired to be heard
    (VI, 236). But after the House had voted censure and the Member has been
    brought to the bar by the Sergeant-at-Arms to be censured, it was held
    that he might not then be heard (II, 1259). A resolution of censure
    should not apply to more than one Member (II, 1240, 1621). Censure is
    inflicted by the Speaker (II, 1259) and the words are entered in the
    Journal (II, 1251, 1656; VI 236), but the Speaker may not pronounce
    censure except by order of the House (VI, 237). When Members have
    resigned pending proceedings for censure, the House has nevertheless
    adopted the resolutions of censure (II, 1239, 1273, 1275, 1656). Members
    have been censured for personalities and other disorder in debate (II,
    1251, 1253, 1254, 1259), assaults on the floor (II, 1665), for
    presenting a resolution alleged to be insulting to the House (II, 1246),
    and for corrupt acts (II, 1274, 1286). For abuse of the leave to print,
    the House censured a Member after a motion to expel him had failed (VI,
    236). In one instance Members were censured for acts before the election
    of the then existing House (II, 1286).

    [[Page 28]]

    ees had improperly accepted things of value from the Republic of Korea
    or representatives thereof, the House reprimanded three Members, one for
    falsely answering an unsworn questionnaire relative to such gifts and
    violating the Code of Official Conduct, one for failing to report as
    required by law the receipt of a campaign contribution and violating the
    Code of Official Conduct, and one for failing to report a campaign
    contribution, converting a campaign contribution to personal use,
    testifying falsely to the committee under oath, and violating the Code
    of Official Conduct (Oct. 13, 1978, pp. 36984, 37009, 37017). In the
    96th Congress two Members were censured by the House: (1) A Member who
    during a prior Congress both knowingly increased an office employee's
    salary for repayment of that Member's personal expenses and who was
    unjustly enriched by clerk-hire employees' payments of personal expenses
    later compensated by salary increases, was censured and ordered to repay
    the amount of the unjust enrichment with interest (July 31, 1979, p.
    21592); (2) a Member was censured for receiving over a period of time
    sums of money from a person with a direct interest in legislation in
    violation of former clause 4 of rule XLIII (current clause 3 of rule
    XXIII, and for transferring campaign funds into office and personal
    accounts (June 10, 1980, pp. 13801-20)). In the 98th Congress the House
    adopted two resolutions (as amended in the House) censuring two Members
    for improper relationships with House pages in prior Congresses (July
    20, 1983, p. 20020 and p. 20030). In the 100th Congress the House
    adopted a resolution reprimanding a Member for ``ghost voting,''
    improperly diverting government resources, and maintaining a ``ghost
    employee'' on his staff (Dec. 18, 1987, p. 36266). In the 101st Congress
    another was reprimanded for seeking dismissal of parking tickets
    received by a person with whom he had a personal relationship and not
    related to official business and for misstatements of fact in a
    memorandum relating to the criminal probation record of that person
    (July 26, 1990, p. 19717). In the 105th Congress the House reprimanded
    the Speaker and ordered him to reimburse a portion of the costs of the
    investigation by the Committee on Standards of Official Conduct (Jan.
    21, 1997, p. ----).
      In the 94th Congress the House by adopting a report from the Committee
    on Standards of Official Conduct reprimanded a Member for failing to
    report certain financial holdings in violation of former rule XLIV
    (current rule XXVI) and for investing in stock in a Navy bank the
    establishment of which he was promoting, in violation of the Code of
    Ethics for Government Service (H. Res. 1421, July 29, 1976, pp. 24379-
    82). (For the Code of Ethics for Government Service, see H. Con. Res.
    175, 85th Cong., 72 Stat. B12.) In the 95th Congress following an
    investigation by the Committee on Standards of Official Conduct into
    whether Members or employ

      Debate on a resolution recommending a disciplinary sanction against a
    Member may not exceed the scope of the conduct of the accused Member
    (Dec. 18, 1987, p. 36271).

    [[Page 29]]

    that a Member might not be punished for an offense alleged to have been
    committed against a preceding Congress (II, 1283); but the House itself
    declined to express doubt as to its power to expel and proceeded to
    inflict censure (II, 1286). Both Houses have distrusted their power to
    punish in such cases (II, 1264, 1284, 1285, 1288, 1289; VI, 56, 238).
    However, the 96th Congress punished Members on two occasions for
    offenses committed during a prior Congress (H. Res. 378, July 31, 1979,
    p. 21592; H. Res. 660, June 10, 1980, pp. 13801-20). It has been held
    that the power of the House to expel one of its Members is unlimited; a
    matter purely of discretion to be exercised by a two-thirds vote, from
    which there is no appeal (VI, 78). The resignation of the accused Member
    has always caused a suspension of proceedings for expulsion (II, 1275,
    1276, 1279; VI, 238).

    Sec. 64. Punishment by expulsion.

      The power of  expulsion has
    been the subject of much discussion (I, 469, 476, 481; II, 1264, 1265,
    1269; VI, 56, 398; see Powell v. McCormack, 395 U.S. 486 (1969)). In one
    case a Member-elect who had not taken the oath was expelled (II, 1262),
    and in another case the power to do this was discussed (I, 476). In one
    instance the Senate assumed to annul its action of expulsion (II, 1243).
    The Supreme Court has decided that a judgment of conviction under a
    disqualifying statute does not compel the Senate to expel (II, 1282;
    Burton v. United States, 202 U.S. 344 (1906)). The power of expulsion in
    its relation to offenses committed before the Members' election has been
    discussed (II, 1286), and in one case the Judiciary Committee of the
    House concluded

    Sec. 65. Procedure for expulsion.

      The House, in  a proceeding
    for expulsion, declined to give the Member a trial at the bar (II,
    1275); but the Senate has permitted a counsel to appear at its bar (II,
    1263), although it declined to grant a request for a specific statement
    of charges or compulsory process for witnesses (II, 1264). Members
    threatened with expulsion have been heard on their own behalf by consent
    (II, 1273, 1275), or as a matter of right (II, 1269, 1286). In general,
    there has been discussion as to whether or not the principles of the
    procedure of the courts should be followed (II, 1264). The Senate once
    expelled several Senators by a single resolution (II, 1266). Members and
    Senators have been expelled for treason (II, 1261), for high misdemeanor
    inconsistent with public duty (II, 1263), for friendship or association
    with enemies of the Government and absence from their seats (II, 1269,
    1270), and for bearing arms against the Government (II, 1267). In the
    96th Congress, the House expelled a Member who had been convicted of
    bribery (a felony) for accepting funds to perform official duties as a
    Member of Congress (H. Res. 794, Oct. 2, 1980, pp. 28953-78).
    <>   A proposition to reprimand, censure, or expel a Member
    presents a question of privilege (II, 1254; III, 2648-2651; VI, 236;
    July 26, 1990, p. 19717); and, if reported by the Committee on Standards
    of Official Conduct (or a derivation thereof), may be called up at any
    time after the Committee has filed its report (Jan. 21, 1997, p. ----).
    An expulsion resolution when offered may be laid on the table (Oct. 1,
    1976, p. 35111) or referred to committee (Mar. 1, 1979, p. 3753) before
    the proponent is recognized to debate it. A proposition to censure is
    not germane to a proposition to expel (VI, 236). On Oct. 2, 1980, the
    House expelled a Member who had been found guilty of accepting money in
    exchange for a promise to perform certain legislative acts (H. Res. 794,
    96th Cong., pp. 28953-78).

    [[Page 30]]

      A resolution providing that the House immediately proceed to consider
    whether a Member should be expelled presents a question of privilege
    (Speaker Clark, Dec. 9, 1913, pp. 584-86).

    Sec. 67. Decisions of the Court.

      Decisions  of the Supreme
    Court of the United States: Anderson v. Dunn, 6 Wh. 204 (1821); Kilbourn
    v. Thompson, 103 U.S. 168 (1881); United States v. Ballin, 144 U.S. 1
    (1892); In re Chapman, 166 U.S. 661 (1897); Burton v. United States, 202
    U.S. 344 (1906); Powell v. McCormack, 395 U.S. 486 (1969).

    Sec. 68. Each House to keep a journal.

      \3\ 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; * *
    *

    Sec. 69. The Journal the official
    record.

      The Journal and  not the Congressional Record is the official record of the
    proceedings of the House (IV, 2727). Its nature and functions have been
    the subject of extended discussions (IV, 2730, footnote). The House has
    fixed its title (IV, 2728). While it ought to be a correct transcript of
    the proceedings of the House, the House has not insisted on a strict
    chronological order of entries (IV, 2815). The Journal is dated as of
    the legislative and not the calendar day (IV, 2746).

    Sec. 70. Journal a record of proceedings
    and not of reasons.

      The Journal records  proceedings but not the reasons therefor (IV,
    2811) or the circumstances attending (IV, 2812), or the statements or
    opinions of Members (IV, 2817-2820). Exceptions to this rule are rare
    (IV, 2808, 2825). Protests have on rare occasions been admitted by the
    action of the House (IV, 2806, 2807), but the entry of a protest on the
    Journal may not be demanded by a Member as a matter of right (IV, 2798)
    and such demand does not present a question of privilege (IV, 2799). A
    motion not entertained is not entered on the Journal (IV, 2813, 2844-
    46).

    [[Page 31]]

    instances has the House nullified proceedings by rescinding the records
    of them in the Journal (IV, 2787), the House and Senate usually
    insisting on the accuracy of its Journal (IV, 2783, 2786). In rare
    instances the House and Senate have rescinded or expunged entries in
    Journals of preceding Congresses (IV, 2730, footnote, 2792, 2793).

    Sec. 71. House's absolute control of entries
    in the Journal.

      While the House  controls the Journal and may decide what are
    proceedings, even to the extent of omitting things actually done or
    recording things not done (IV, 2784; VI, 634), and while the Speaker has
    entertained a motion to amend the Journal so as to cause it to state
    what was not the fact, leaving it for the House to decide on the
    propriety of the act (IV, 2785), holding that he could not prevent a
    majority of the House from so amending the Journal as to undo an actual
    transaction (IV, 3091-93), in none of those rulings was an amendment
    permitted to correct the Journal which had the effect of collaterally
    changing the tabling of a motion to reconsider. In fact, under the
    precedents cited in Sec. 902, infra, under clause 1 of rule XVI it has
    been held not in order to amend or strike out a Journal entry setting
    forth a motion exactly as made (IV, 2783, 2789), and thus it was held
    not in order to amend the Journal by striking out a resolution actually
    offered (IV, 2789), but on one occasion the House vacated the Speaker's
    referral of an executive communication by amending the Journal of the
    preceding day (Mar. 19, 1990, p. 4488). Only on rare

    Sec. 72. Record of votes in the
    Journal.

      The Journal should  record the result of every vote and state in general terms
    the subject of it (IV, 2804); but the result of a vote is recorded in
    figures only when the yeas and nays are taken (IV, 2827), when the vote
    is recorded by electronic device or by clerks, or when a vote is taken
    by ballot, it having been determined in latest practice that the Journal
    should show not only the result but the state of the ballot or ballots
    (IV, 2832).

    Sec. 73. Approval of the Journal.

      It is the  uniform practice
    of the House to approve its Journal for each legislative day (IV, 2731).
    Where Journals of more than one session remain unapproved, they are
    taken up for approval in chronological order (IV, 2771-2773). In
    ordinary practice the Journal is approved by the House without the
    formal putting of the motion to vote (IV, 2774).

      The former rule required the reading of the Journal on each
    legislative day. The reading could be dispensed with only by unanimous
    consent (VI, 625) or suspension of the rules (IV, 2747-2750) and had to
    be in full when demanded by any Member (IV, 2739-2741; VI, 627-628; Feb.
    22, 1950, p. 2152).

    [[Page 32]]

      The present form of the rule (clause 1 of rule I; see Sec. 621, infra)
    was drafted from section 127 of the Legislative Reorganization Act of
    1970 (84 Stat. 1140), incorporated into the standing rules in the 92d
    Congress (H. Res. 5, Jan. 22, 1971, p. 144), and was further amended in
    the 96th Congress (H. Res. 5, Jan. 15, 1979, pp. 7-16). Under the
    current practice, the Speaker is authorized to announce his approval of
    the Journal which is deemed agreed to by the House, subject to the right
    of any Member to demand a vote on agreeing to the Speaker's approval
    (which if decided in the affirmative is not subject to the motion to
    reconsider). In the 98th Congress, the Speaker was given the authority
    to postpone a record vote on agreeing to his approval of the Journal to
    a later time on that legislative day (H. Res. 5, Jan. 3, 1983, p. 34).
    While the transaction of any business is not in order before approval of
    the Journal (IV, 2751; VI, 629, 637; Oct. 8, 1968, p. 30096), approval
    of the Journal yields to the simple motion to adjourn (IV, 2757),
    administration of the oath (I, 171, 172), an arraignment of impeachment
    (VI, 469), and questions of the privileges of the House (II, 1630), and
    the Speaker may in his discretion recognize for a parliamentary inquiry
    before approval of the Journal (VI, 624). Under clause 1 of rule I, as
    amended in the 96th Congress, a point of order of no quorum is not in
    order before the Speaker announces his approval of the Journal. Clause 7
    of rule XX generally prohibits the making of points of order of no
    quorum unless the Speaker has put the question on the pending motion or
    proposition.

    Sec. 74. Motions to amend the
    Journal.

      Under the practice  before clause 1 of rule I was adopted in its present form,
    the motion to amend the Journal took precedence over the motion to
    approve it (IV, 2760; VI, 633); but the motion to amend may not be
    admitted after the previous question is demanded on a motion to approve
    (IV, 2770; VI, 633; VIII, 2684). An expression of opinion as to a
    decision of the Chair was held not in order as an amendment to the
    Journal (IV, 2848). A proposed amendment to the Journal being tabled
    does not carry the Journal with it (V, 5435, 5436). While a proposed
    correction of the Journal may be recorded in the Journal, yet it is not
    in order to insert in full in this indirect way what has been denied
    insertion in the first instance (IV, 2782, 2804, 2805). The earlier
    practice was otherwise, however (IV, 2801-2803). The Journal of the last
    day of a session is not approved on the assembling of the next session,
    and is not ordinarily amended (IV, 2743, 2744). For further discussion
    of the composition and approval of the Journal, see Deschler's
    Precedents, vol. 1, ch. 5.

    Sec. 74a. Decisions of the Court.

      Decisions  of the Supreme
    Court of the United States: Field v. Clark, 143 U.S. 649 (1892); United
    States v. Ballin, 144 U.S. 1 (1892).

    Sec. 75. Yeas and Nays entered on the
    Journal.

      * * * 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.

    [[Page 33]]

    a quorum fail to vote and the House adjourn, proceedings under the
    automatic call are vacated and the question recurs de novo when the bill
    again comes before the House (Oct. 10, 1940, pp. 13534-35; Oct. 13,
    1962, p. 23474; Oct. 19, 1966, p. 27641). While the Constitution and the
    Rules of the House guarantee that votes taken by the yeas and nays be
    spread upon the Journal, neither requires that a Member's vote be
    announced to the public immediately during the vote (Sept. 19, 1985, p.
    24245).

    Sec. 76. Conditions of ordering yeas and
    nays.

      The yeas and  nays may be ordered before the organization of the House (I, 91;
    V, 6012, 6013), but are not taken in Committee of the Whole (IV, 4722,
    4723). They are not necessarily taken on the passage of a resolution
    proposing an amendment to the Constitution (V, 7038, 7039; VIII, 3506),
    but are required to pass a bill over a veto (Sec. 104; VII, 1110). In
    the earlier practice of the House it was held that less than a quorum
    might not order the yeas and nays, but for many years the decisions have
    been uniformly the other way (V, 6016-6028). Neither is a quorum
    necessary on a motion to reconsider the vote whereby the yeas and nays
    are ordered (V, 5693). When a quorum fails on a yea and nay vote it is
    the duty of the Speaker and the House to take notice of that fact (IV,
    2953, 2963, 2988). If the House adjourns, the order for the yeas and
    nays remains effective whenever the bill again comes before the House
    (V, 6014, 6015; VI, 740; VIII, 3108), and it has been held that the
    question of consideration might not intervene on a succeeding day before
    the second calling of the yeas and nays (V, 4949). However, when the
    call of the House is automatic, the Speaker directs the roll to be
    called or the vote to be taken by electronic device without motion from
    the floor (VI, 678, 679, 694, 695); and should

      The yeas and nays may not be demanded until the Speaker has put the
    question in the form prescribed by former clause 5 (current clause 6) of
    rule I (Oct. 2, 1974, p. 33623).

    Sec. 77. Demanding the yeas and nays.

      The yeas and  nays may
    be demanded while the Speaker is announcing the result of a division (V,
    6039), while a vote by tellers is being taken (V, 6038), and even after
    the announcement of the vote if the House has not passed to other
    business (V, 6040, 6041; VIII, 3110). But after the Speaker has
    announced the result of a division on a motion and is in the act of
    putting the question on another motion it is too late to demand the yeas
    and nays on the first motion (V, 6042). And it is not in order during
    the various processes of a division to repeat a demand for the yeas and
    nays which has once been refused by the House (V, 6029, 6030, 6031). The
    constitutional right of a Member to demand the yeas and nays may not be
    overruled as dilatory (V, 5737; VIII, 3107); but this constitutional
    right does not exist as to a vote to second a motion when such second is
    required by the rules (V, 6032-6036; VIII, 3109). The right to demand
    yeas and nays is not waived by the fact that the Member demanding them
    has just made the point of no quorum and caused the Chair to count the
    House (V, 6044).-

    Sec. 78. Yeas and nays ordered by onefifth.

      In passing on  a
    demand for the yeas and nays the Speaker need determine only whether
    one-fifth of those present sustain the demand (V, 6043; VIII, 3112,
    3115). In ascertaining whether one-fifth of those present support a
    demand for the yeas and nays the Speaker counts the entire number
    present and not merely those who rise to be counted (VIII, 3111, 3120).
    Such count is not subject to verification by appeal (Sept. 12, 1978, p.
    28984), and a request for a rising vote of those opposed to the demand
    is not in order (VIII, 3112-3114). Where the Chair prolongs his count of
    the House in determining whether one-fifth have supported the demand for
    yeas and nays, he counts latecomers in support of the demand as well as
    for the number present (Sept. 24, 1990, p. 25521). After the House, on a
    vote by tellers, has refused to order the yeas and nays it is too late
    to demand the count of the negative on an original vote (V, 6045).

    [[Page 34]]

    (V, 6037). In one instance it was held that the yeas and nays might be
    demanded on a motion to reconsider the vote whereby the yeas and nays
    were ordered (V, 5689), but evidently there must be a limit to this
    process. The vote whereby the yeas and nays are refused may be
    reconsidered (V, 5692).

    Sec. 79. Reconsideration of the vote ordering the
    yeas and nays.

      A motion to  reconsider the vote ordering the yeas and nays is in
    order (V, 6029; VIII, 2790), and the vote may be reconsidered by a
    majority. If the House votes to reconsider the yeas and nays may again
    be ordered by one-fifth (V, 5689-5691). But when the House, having
    reconsidered, again orders the yeas and nays, a second motion to
    reconsider may not be made

    Sec. 80. Effect of an order of the yeas and
    nays.

      In the general  but not the universal practice debate has not been closed by the
    ordering of the yeas and nays until one Member has responded to the call
    (V, 6101-6105, 6160, 6161). A motion to adjourn may be admitted after
    the yeas and nays are ordered and before the roll call has begun (V,
    5366); and a motion to suspend the rules has been entertained after the
    yeas and nays have been demanded on another matter (V, 6835).
    Consideration of a conference report (V, 6457), and a motion to
    reconsider the vote by which the yeas and nays were ordered (V, 6029;
    VIII, 2790) may be admitted. A demand for tellers or for a division is
    not precluded or set aside by the fact that the yeas and nays are
    demanded and refused (V, 5998; VIII, 3103).

    Sec. 81. Decisions of the Court.

      Decisions  of the Supreme
    Court of the United States: Field v. Clark, 143 U.S. 649 (1892); United
    States v. Ballin, 144 U.S. 1 (1892); Twin City Bank v. Nebeker, 167 U.S.
    196 (1897); Wilkes County v. Coler, 180 U.S. 506 (1901); Marshall v.
    Gordon, 243 U.S. 521 (1917).

    Sec. 82. Adjournment for more than three
    days.

      \4\ Neither House,  during the Session of Congress shall, without the Consent of the
    other, adjourn for more than three days, nor to any other Place than
    that in which the two Houses shall be sitting.

      The word ``Place'' in the above paragraph was construed to mean the
    seat of Government, and consent of the Senate is not required where the
    House orders its meetings to be held in another structure at the seat of
    Government (Speaker Rayburn, Aug. 17, 1949, pp. 11651, 11683).

    [[Page 35]]

    the Supreme Court in the Capitol, pending remodeling of its Chamber. The
    House returned to its Chamber on January 3, 1950, and again on January
    1, 1951. The Senate returned to its Chamber on January 3, 1950, and
    again on January 3, 1951.-
      On November 22, 1940, p. 13715, the House of Representatives adopted a
    resolution providing that thereafter until otherwise ordered its
    meetings be held in the Caucus room of the new House Office Building.
    Likewise the Senate on the same day, p. 13709, provided that its
    meetings be held in the Chamber formerly occupied by the Supreme Court
    in the Capitol. The two Houses continued to hold their sessions in these
    rooms until the opening of the 77th Congress. These actions were
    necessitated because of the precarious condition of the roofs in the two
    Chambers. On June 28, 1949, p. 8571, and on September 1, 1950, p. 14140,
    the House provided that until otherwise ordered its meetings be held in
    the Caucus room of the new House Office Building, pending the remodeling
    of its Chamber. On June 29, 1949, p. 8584, and on Aug. 9, 1950, p.
    12106, the Senate provided that its meetings be held in the Chamber
    formerly occupied by

    Sec. 83. Adjournment of the House within the
    threeday limit.

      The House of  Representatives in adjourning for not more than three
    days must take into the count either the day of adjourning or the day of
    the meeting, and Sunday is not taken into account in making this
    computation (V, 6673, 6674). By special order, the House may provide for
    a session of the House on a Sunday, traditionally a ``dies non'' under
    the precedents of the House (Dec. 17, 1982, p. 31946; Dec. 18, 1987, p.
    36352; Nov. 17, 1989, p. 30029; Aug. 20, 1994, p. 23367). The House has
    by standing order provided that it should meet on two days only of each
    week instead of daily (V, 6675). Before the election of Speaker, the
    House has adjourned for more than one day (I, 89, 221). The House has by
    unanimous consent agreed to an adjournment for less than three days but
    specified that it would continue in adjournment for 10 days pursuant to
    a concurrent resolution already passed by the House if the Senate
    adopted the concurrent resolution before the third day of the House's
    adjournment (Nov. 20, 1987, p. 33054). The Committee on Rules has
    reported a rule authorizing the Speaker to declare the House in recesses
    subject to calls of the Chair during five discrete periods, each
    consistent with the constitutional constraint that neither House adjourn
    (or recess) for more than three days without consent of the other House
    (Dec. 21, 1995, p. 38141; Jan. 5, 1996, p. 357).

    [[Page 36]]

    of the House to adjournment sine die of the Senate at any time prior to
    January 3, 1983, as determined by the Senate, and the consent of the
    House for adjournments or recesses of the Senate for periods of more
    than three days as determined by the Senate during such period (H. Con.
    Res. 438, Dec. 20, 1982, p. 32951). Another concurrent resolution in the
    97th Congress provided for an adjournment of the Senate to a day certain
    and granted the consent of the Senate to an adjournment of the House for
    more than three days to a day certain, or to any day before that day as
    determined by the House (S. Con. Res. 102, May 27, 1982, pp. 12504,
    12505). On one occasion the two Houses provided for an adjournment to a
    certain day, with a provision that if there should be no quorum present
    on that day the session should terminate (V, 6686). The two Houses have
    adjourned to a certain day, with a provision that they may be
    reassembled by the Leadership if legislative expediency so required such
    reassembling (July 8, 1943, p. 7516; June 23, 1944, p. 6667; Sept. 21,
    1944, p. 8109; July 18, 1945, p. 7733; July 26, 1947, p. 10521; June 20,
    1948, p. 9348; Aug. 7, 1948, p. 10247), and in the 91st Congress, the
    two Houses agreed to a concurrent resolution adjourning both to dates
    certain but which also provided that the House was subject to recall by
    the Speaker if legislative expediency so warranted (July 20, 1970, p.
    24978). In the 93d Congress, first and second sessions, the two Houses
    agreed to concurrent resolutions adjourning the Congress sine die with a
    provision that the two Houses could be reassembled by the Leadership
    (Dec. 22, 1973, p. 43327; Dec. 20, 1974, p. 41815). Recall provisions
    were also included in the sine die adjournment resolutions for the first
    and second sessions of the 101st Congress (Nov. 21, 1989, p. 31156; Oct.
    27, 1990, p. 36850), the second session of the 104th Congress (Oct. 3,
    1996, p. ----), the first session of the 105th Congress (Nov. 13, 1997,
    p. ----), and the second session of the 106th Congress (Dec. 15, 2000,
    p. ----). Joint leadership and House only recall provisions were
    included in the sine die adjournment resolution for the second session
    of the 105th Congress (Oct. 20, 1998, p. ----), and the Speaker
    exercised his recall authority under this resolution to reassemble the
    House (Dec. 17, 1998, p. ----). Resolutions containing recall provisions
    normally permit the motion to adjourn sine die only by the Majority
    Leaders or their designees (Dec. 19, 1985, p. 38358; Oct. 17, 1986, p.
    33096). The sine die adjournment resolution for the first session of the
    102d Congress provided for an adjournment of the House and Senate until
    11:55 a.m. on January 3, 1992, or until recalled by their joint
    leaderships (H. Con. Res. 260, Nov. 26, 1991, p. 35840). A resolution
    adopted in the first session of the 106th Congress provided for an
    adjournment to a date certain, unless the House sooner received a
    specified message from the Senate, in which case it would stand
    adjourned sine die (Nov. 18, 1999, p. ----). A resolution providing for
    the sine die adjournment of the first session may contain a proviso that
    when the second session convenes the Senate and House may not conduct
    organizational or legislative business but shall adjourn on that day
    until a date certain, unless sooner recalled (H. Con.

    [[Page 37]]

    Res. 260, 102d Cong., Nov. 26, 1991, p. 35840; H. Con. Res. 235, 106th
    Cong., Nov. 18, 1999, p. ----). That prohibition against the conduct of
    business was considered not to preclude recognition for one-minute
    speeches and special-order speeches by unanimous consent (Jan. 3, 1992,
    pp. 2, 9) or the introduction and numbering of bills and resolutions
    (which would not be noted in the Congressional Record or referred by the
    Speaker until the next legislative day, when executive communications,
    petitions, and memorials also would be numbered and referred) (Jan. 24,
    2000, p. ----).

    Sec. 84. Resolutions for adjournment of
    the two Houses.

      Congress is adjourned  for more than three days by a concurrent resolution
    (IV, 4031, footnote). When it adjourns in this way, but not to or beyond
    the day fixed by Constitution or law for the next regular session to
    begin, the session is not thereby necessarily terminated (V, 6676,
    6677). Until the 67th Congress neither House had ever adjourned for more
    than three days by itself with the consent of the other, but resolutions
    had been offered for the accomplishment of that end (V, 6702, 6703). At
    the close of the first session of the 66th Congress, the two Houses
    adjourned sine die under authority granted each House by simple
    resolutions consenting to such adjournment sine die at any time prior to
    a specified date (Nov. 19, 1919, p. 8810). On June 30, 1922, the House
    adjourned until August 15, 1922, with the consent of the Senate.
    Pursuant to a concurrent resolution (H. Con. Res. 266) the Senate
    granted its consent to an adjournment sine die of the House on August
    20, 1954, and the House granted its consent to the Senate to an
    adjournment sine die at any time prior to December 25, 1954. The Senate
    acting under the authority of the aforementioned resolution adjourned
    sine die on December 2, 1954. The adjournment resolution in the second
    session of the 97th Congress provided for adjournment sine die of the
    House on December 20 or December 21 pursuant to a motion made by the
    Majority Leader or his designee, and granted the consent

      A concurrent resolution to provide for adjournment for more than three
    days is offered in the House as a matter of privilege (V, 6701-6706),
    and is not debatable (VIII, 3372-3374). The Legislative Reorganization
    Act of 1970 provides for a sine die adjournment, or (in an odd numbered
    year) an adjournment of slightly over a month (from that Friday in
    August which is at least 30 days before Labor Day to the Wednesday
    following Labor Day) unless the nation is in a state of war, declared by
    Congress (sec. 461(b); 84 Stat. 1140). Congress may, of course, waive,
    this requirement and make other determinations regarding its adjournment
    (see Sec. 1106, infra).

      The requirement that resolutions providing for an adjournment sine die
    of either House may not be considered until Congress has completed
    action on the second concurrent resolution on the budget for the fiscal
    year in question, and on any reconciliation legislation required by such
    a resolution, contained in section 310(f) of the Congressional Budget
    Act of 1974 (P.L. 93-344), was repealed by the Balanced Budget and
    Emergency Deficit Control Act of 1985 (P.L. 99-177). That law amended
    sections 309 and 310 of the Congressional Budget Act to prohibit the
    consideration of concurrent resolutions during the month of July
    providing adjournments in excess of three days until the House has
    approved general annual appropriation bills within the jurisdictions of
    all the subcommittees on Appropriations for the ensuing fiscal year, and
    until the House has completed action on all reconciliation legislation
    for the ensuing fiscal year required to be reported by the concurrent
    resolution on the budget for that year (see Sec. 1127, infra).

     * * *
      A resolution providing for an adjournment sine die is not debatable
    (VIII, 3372-3374), though a Member may be recognized during its
    consideration under a reservation of objection to a unanimous-consent
    request that the resolution be agreed to (Oct. 27, 1990, p. 36850).

    [[Page 38]]

    Sec. 85. Compensation of
    Members.

      Section 6. \1\ The Senators  and Representatives shall receive a Compensation for their
    Services, to be ascertained by Law, and paid out of the Treasury of the
    United States.

      The 27th amendment to the Constitution addresses laws varying the
    compensation for the services of the Senators and Representatives (see
    Sec. 258, infra). The present rate of compensation of Representatives,
    the Resident Commissioner from Puerto Rico, and Delegates is $145,100
    per annum. The rate of compensation of the Speaker and the Vice
    President is $186,300 per annum (2 U.S.C. 31; 3 U.S.C. 104) with an
    additional $10,000 per annum to assist in defraying expenses (2 U.S.C.
    31b; 3 U.S.C. 111). The Majority and Minority Leaders of the House
    receive $161,200 per annum (2 U.S.C. 31). These rates of compensation
    are all (except for the expense allowances) subject to annual cost of
    living adjustments (2 U.S.C. 31(2)). The present rate of compensation of
    Senators is that fixed by section 1101 of Public Law 101-194, as
    adjusted pursuant to 2 U.S.C. 31(2).

    Sec. 86. Salary and deductions.

      Under  the Federal Salary Act
    of 1967 (2 U.S.C. 351-362), the Citizens' Commission on Public Service
    and Compensation (formerly the Commission on Executive, Legislative and
    Judicial Salaries) is authorized and directed to conduct quadrennial
    reviews of the rates of pay of specified government officials, including
    Members of Congress, and to report to the President the results of each
    review and its recommendations for adjustments in such rates. The
    enactment of those recommendations is governed by the Federal Salary Act
    (see Sec. 1130(12), infra).

      The statute also provides for deductions from the pay of Members and
    Delegates who are absent from the sessions of the House for reasons
    other than illness of themselves and families, or who retire before the
    end of the Congress (2 U.S.C. 39; IV, 3011, footnote). The law as to
    deductions has been held to apply only to Members who have taken the
    oath (II, 1154). Members and Delegates are paid monthly on certificate
    of the Speaker (2 U.S.C. 34, 35, 37, 57a). The law also provides that
    the residence of a Member of Congress for purpose of imposing State
    income tax laws shall be the State from which elected and not the State,
    or subdivision thereof, in which the Member maintains an abode for the
    purpose of attending sessions of Congress (4 U.S.C. 113).

    [[Page 39]]

    Sec. 87. Questions as to
    compensation.

      Questions have arisen  frequently as to compensation of Members especially in
    cases of Members elected to fill vacancies (I, 500; II, 1155) and where
    there have been questions as to incompatible offices (I, 500) or titles
    seat (II, 1206). The Supreme Court has held that a Member chosen to fill
    a vacancy is entitled to salary only from the time that the compensation
    of his predecessor has ceased, Page v. United States, 127 U.S. 67
    (1888). See also 2 U.S.C. 37.

    Sec. 88. Travel and Members' representational
    allowances.

      In the 92d  Congress, the provisions of H. Res. 457 of that Congress,
    authorizing the Committee on House Administration to adjust allowances
    of Members and committees without further action by the House, were
    enacted into permanent law (2 U.S.C. 57), but the 94th Congress enacted
    into permanent law H. Res. 1372 of that Congress, stripping the
    Committee of that authority and requiring House approval of the
    committee's recommendations, except in cases made necessary by price
    changes in materials and supplies, technological advances in office
    equipment, and cost of living increases (2 U.S.C. 57a). The Committee on
    House Administration retains authority under 2 U.S.C. 57 to
    independently adjust amounts under certain conditions outlined in 2
    U.S.C. 57a (Mar. 21, 1977, p. 8227; Apr. 21, 1983, p. 9339). The text of
    those statutes follow:

        ``Sec. 57. Adjustment of House of Representatives allowances by

                        Committee on House Administration

      ``(a) In general.--Subject to the provision of law specified in
    subsection (b) of this section, the Committee on House Administration of
    the House of Representatives may, by order of the Committee, fix and
    adjust the amounts, terms, and conditions of, and other matters relating
    to, allowances of the House of Representatives within the following
    categories:

              ``(1) For Members of the House of Representatives, the

            Members' Representational Allowance, including all aspects of

            the Official Mail Allowance within the jurisdiction of the

            Committee under section 59(e) of this title.

              ``(2) For committees, the Speaker, the Majority and Minority

            Leaders, the Clerk, the Sergeant at Arms, and the Chief

            Administrative Officer, allowances for official mail (including

            all aspects of the Official Mail Allowance within the

            jurisdiction of the Committee under section 59e of this title),

            stationery, and telephone and telegraph and other

            communications.

      ``(b) Provision specified.--The provision of law referred to in
    subsection (a) of this section is section 57a of this title.

      ``(c) Member of the House of Representatives defined.--As used in this
    section, the term `Member of the House of Representatives' means a
    Representative in, or a Delegate or Resident Commissioner to, the
    Congress.''

      ``Sec. 57a. Limitation on allowance authority of Committee on House

                                 Administration.

      ``(a) In general.--An order under the provision of law specified in
    subsection (c) of this section may fix or adjust the allowances of the
    House of Representatives only by reason of--

              ``(1) a change in the price of materials, services, or office

    [[Page 40]]

            space;

              ``(2) a technological change or other improvement in office

            equipment; or

              ``(3) an increase under section 5303 of title 5 in rates of

            pay under the General Schedule.

      ``(b) Resolution requirement.--In the case of reasons other than the
    reasons specified in paragraph (1), (2), or (3) of subsection (a) of
    this section, the fixing and adjustment of the allowances of the House
    of Representatives in the categories described in the provision of law
    specified in subsection (c) of this section may be carried out only by
    resolution of the House of Representatives.

      ``(c) Provision specified.--The provision of law referred to in
    subsections (a) and (b) of this section is section 57 of this title.''

      In the 104th Congress the Committee on House Administration
    promulgated an order abolishing separate allowances for Clerk Hire,
    Official Expenses, and Official Mail, in favor of a single ``Members'
    Representational Allowance'' (MRA), which was ultimately enacted into
    law (2 U.S.C. 57b). The MRA is provided for the employment of staff in
    the Member's Washington and district offices, official expenses incurred
    by the Member, and the postage expenses of first, third, and fourth
    class frankable mail.

      Until January 1, 1988, the maximum salary for staff members was the
    rate of basic pay authorized for Level V of the Executive Schedule (by
    order of the Committee on House Administration, Mar. 21, 1977, p. 8227).
    Under section 311 of the Legislative Branch Appropriations Act, 1988, as
    contained in section 101(i) of Public Law 100-202 (2 U.S.C. 60a-2a), the
    maximum salary for staff members is set by pay order of the Speaker. A
    Member may not employ a relative on his MRA (5 U.S.C. 3110). The Code of
    Official Conduct also precludes certain hiring practices of Members (see
    Sec. 1095, inra.).

      Until the 103d Congress, a Member could employ a ``Lyndon Baines
    Johnson Congressional Intern'' for a maximum of two months at not to
    exceed $1,160 per month. Such internships were available for college
    students and secondary or postsecondary school teachers (H. Res. 420,
    93d Cong., Sept. 18, 1973, p. 30186). Any paid internship is now funded
    through the MRA.

      The statutes provide for continuation of the pay of clerical
    assistants to a Member upon his or her death or resignation, until a
    successor is elected to fill the vacancy, such clerical assistants to
    perform their duties under the direction of the Clerk of the House (2
    U.S.C. 92a-92d). Upon the explusion of a Member in the 96th Congress,
    the House by resolution extended those provisions to any termination of
    service by a Member during the term of office (H. Res. 804, Oct. 2,
    1980, p. 28978).

    [[Page 41]]

      For current information on the MRA and the method of its accounting
    and disbursement, see current U.S. House of Representatives
    Congressional Handbook, Committee on House Administration.

    Sec. 88a. Ban on Legislative Service
    Organizations.

      At its  organization the 104th Congress prohibited the
    establishment or continuation of any legislative service organization
    (as that term had been understood in the 103d Congress) and directed the
    Committee on House Administration to take such steps as were necessary
    to ensure an orderly termination and accounting for funds of any
    legislative service organization in existence on January 3, 1995 (sec.
    222, H. Res. 6, Jan. 4, 1995, p. 477).

    Sec. 89. Leadership staff allowances.

      Separate from the  MRA
    specified above, the leaders of the House (the Speaker, Majority Leader,
    Minority Leader, Majority Whip and Minority Whip) are entitled to office
    staffing allowances consisting of certain statutory positions as well as
    lump-sum appropriations authorized by section 473 (84 Stat. 1140). The
    portion of these allowances for leadership office personnel may be
    adjusted by the Clerk of the House in certain situations when the
    President effects a pay adjustment for certain classes of Federal
    employees under the Federal Pay Comparability Act of 1970 (P.L. 91-656;
    84 Stat. 1946).

    Sec. 89a. Speaker's ``pay orders.''

      Under  section 311(d) of
    the Legislative Branch Appropriations Act, 1988 [2 U.S.C. 60a-2a], the
    Speaker may issue ``pay orders'' that adjust pay levels for officers and
    employees of the House to maintain certain relationships with comparable
    levels in the Senate and in the other branches of government. For the
    text of section 311(d), see Sec. 1130, infra.

    Sec. 90. Privilege of Members from
    arrest.

      * * * They [the  Senators and Representatives] 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; * * *

    [[Page 42]]

    under mesne process in a civil suit during a recess of Congress, the
    House decided that he was entitled to discharge on the assembling of
    Congress, and liberated him and restored him to his seat by the hands of
    its own officer (III, 2676). Service of process is distinguished from
    arrest in civil cases and related historical data are collected in Long
    v. Ansell, 293 U.S. 76 (1934), where the Supreme Court held that the
    clause was applicable only to arrests in civil suits, now largely
    obsolete but common at the time of the adoption of the United States
    Constitution. Former Rule L (current rule VIII), infra, was added in the
    97th Congress to provide a standing procedure governing subpoenas to
    Members, officers, and employees directing their appearance as witnesses
    relating to the official functions of the House, or for the production
    of House documents.

    <>   * * * and for any Speech or Debate in either House, they
    [the Senators and Representatives] shall not be questioned in any other
    place.

    Sec. 91. Assertions of privilege of
    Members by the House.

      The word ``felony''  in this provision has been interpreted not to
    refer to a delinquency in a matter of debt (III, 2676), and ``treason,
    felony, and breach of the peace'' have been construed to mean all
    indictable crimes (III, 2673). The Supreme Court has held that the
    privilege does not apply to arrest in any criminal case. Williamson v.
    United States, 207 U.S. 425 (1908). The courts have discussed and
    sustained the privilege of the Member in going to and returning from the
    session (III, 2674); and where a person assaulted a Member on his way to
    the House, although at a place distant therefrom, the House arrested him
    on warrant of the Speaker, arraigned him at the bar and committed him
    (II, 1626, 1628). Other assaults under these circumstances have been
    treated as breaches of privilege (II, 1645). Where a Member had been
    arrested and detained

    [[Page 43]]

    923 (D.C. Cir. 1986), cert. den. 479 U.S. 996 (1986). For a discussion
    of waivers of the Speech and Debate clause, see Sec. 301, infra.

    Sec. 93. Scope of the privilege.

      This privilege as  to ``any
    speech or debate'' applies generally to ``things done in a session of
    the House by one of its Members in relation to the business before it.''
    Kilbourn v. Thompson, 103 U.S. 168 (1881), cited at III, 2675. See also
    II, 1655 and Sec. Sec. 301-302, infra, for provisions in Jefferson's
    Manual on the privilege; and Deschler's Precedents, vol. 2, ch. 7. The
    clause precludes judicial inquiry into the motivation, preparation, or
    content of a Member's speech on the floor and prevents such a speech
    from being made the basis for a criminal conspiracy charge against the
    Member. United States v. Johnson, 383 U.S. 169 (1966). The Supreme Court
    held in United States v. Helstoski, 442 U.S. 447 (1979), that under the
    Speech or Debate Clause, neither evidence of nor references to
    legislative acts of a Member of Congress may be introduced by the
    Government in a prosecution under the official bribery statute. But the
    Supreme Court has limited the scope of legislative activity which is
    protected under the clause by upholding grand jury inquiry into the
    possession and nonlegislative use of classified documents by a Member.
    Gravel v. United States, 408 U.S. 606 (1972). The Court has also
    sustained the validity of an indictment of a Member for accepting an
    illegal bribe to perform legislative acts where the prosecution
    established a prima facie case without relying on the Member's
    constitutionally-protected legislative speech. United States v.
    Brewster, 408 U.S. 501 (1972). Nor does the clause protect transmittal
    of allegedly defamatory material issued in press releases and
    newsletters by a Senator, as neither was essential to the deliberative
    process of the Senate. Hutchinson v. Proxmire, 443 U.S. 111 (1979). A
    complaint against an officer of the House relating to the dismissal of
    an official reporter of debates has been held nonjusticiable on the
    basis that her duties were directly related to the due functioning of
    the legislative process. Browning v. Clerk, 789 F.2d

      Legislative employees acting under orders of the House are not
    necessarily protected under the clause from judicial inquiry into the
    constitutionality of their actions. Kilbourn v. Thompson, 103 U.S. 165
    (1880); Dombrowski v. Eastland, 387 U.S. 82 (1967); Powell v. McCormack,
    395 U.S. 486 (1969). But see Gravel v. United States, 408 U.S. 606
    (1972), where the Supreme Court held that the aide of a Senator was
    protected under the clause when performing legislative acts which would
    have been protected under the clause if performed by the Senator
    himself. There is no distinction between the Members of a Senate
    subcommittee and its chief counsel insofar as complete immunity under
    the Speech and Debate Clause is provided for the issuance of a subpoena
    pursuant to legitimate legislative inquiry. Eastland v. U.S.
    Servicemen's Fund, 421 U.S. 491 (1975). See also Doe v. McMillan, 412
    U.S. 306 (1973) (relating to the dissemination of a congressional
    report) for the immunity under this clause of Members of the House and
    their staffs, and for the common-law immunity of the Public Printer and
    Superintendent of Documents.

      For Federal court decisions on the applicability of the clause to
    unofficial circulation of reprints from the Congressional Record, see
    McGovern v. Martz, 182 F. Supp. 343 (1960); Long v. Ansell, 69 F.2d 386
    (1934), aff'd, 293 U.S. 76 (1934); Methodist Federation for Social
    Action v. Eastland, 141 F. Supp. 729 (1956). For inquiry into a Member's
    use of the franking privilege, see Hoellen v. Annunzio, 468 F.2d 522
    (1972), cert. denied, 412 U.S. 953 (1973); Schiaffo v. Helstoski, 350 F.
    Supp. 1076 (1972), rev'd 492 F.2d 413 (1974). For inquiry into the
    printing of committee reports, see Doe v. McMillan, 412 U.S. 306 (1973);
    Hentoff v. Ichord, 318 F. Supp. 1175 (1970).

    [[Page 44]]

    Sec. 94. Action by the House.

      For assaulting a  Member for
    words spoken in debate, Samuel Houston, not a Member, was arrested,
    tried, and censured by the House (II, 1616-1619). Where Members have
    assaulted other Members for words spoken in debate (II, 1656), or
    proceeded by duel (II, 1644), or demanded explanation in a hostile
    manner (II, 1644), the House has considered the cases as of privilege. A
    communication addressed to the House by an official in an Executive
    Department calling in question words uttered by a Member in debate was
    criticized as a breach of privilege and withdrawn (III, 2684). An
    explanation having been demanded of a Member by a person not a Member
    for a question asked of the latter when a witness before the House, the
    matter was considered but not pressed as a breach of privilege (III,
    2681). A letter from a person supposed to have been assailed by a Member
    in debate, asking properly and without menace if the speech was
    correctly reported, was held to involve no question of privilege (III,
    2682). Unless it be clear that a Member has been questioned for words
    spoken in debate, the House declines to act (II, 1620; III, 2680).

      For assaulting a Member, Charles C. Glover was arrested, arraigned at
    the bar of the House, and censured by the Speaker by direction of the
    House, although the provocation of the assault was words spoken in
    debate in the previous Congress (VI, 333).

    Sec. 95. Decisions of the Court.

      Decisions  of the Supreme
    Court of the United States: Kilbourn v. Thompson, 103 U.S. 168 (1881);
    Tenney v. Brandhove, 341 U.S. 367 (1951); United States v. Johnson, 383
    U.S. 169 (1966); Dombrowski v. Eastland, 387 U.S. 82 (1967); Powell v.
    McCormack, 395 U.S. 486 (1969); Gravel v. United States, 408 U.S. 606
    (1972); United States v. Brewster, 408 U.S. 501 (1972); United States v.
    Helstoski, 442 U.S. 477 (1979); Hutchinson v. Proxmire, 443 U.S. 111
    (1979).

    Sec. 96. Restriction on appointment of
    Members to office.

      \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 encreased during such time; *  *  *.

    <>
    *  *  * and no Person holding any Office under the United States, shall
    be a Member of either House during his Continuance in Office.

      In a few cases questions have arisen under this paragraph (I, 506,
    footnote; and see 42 Op. Att'y Gen. 36 (1969); see also Deschler's
    Precedents, vol. 2, ch. 7).

      The meaning of the word ``office'' as used in this paragraph has been
    discussed (I, 185, 417, 478, 493; II, 993; VI, 60, 64), as has also the
    general subject of incompatible offices (I, 563).

    [[Page 45]]

    (VI, 63) and the question as to whether a Member may be appointed to the
    Board of Managers of the Soldiers' Home and become local manager of one
    of the Homes, is a matter for the decision of Congress itself (VI, 63).
    The House has also distinguished between the performance of paid
    services for the Executive (I, 495), like temporary service as assistant
    United States attorney (II, 993), and the acceptance of an incompatible
    office. The House has declined to hold that a contractor under the
    Government is constitutionally disqualified to serve as a Member (I,
    496). But the House, or its committees, have found disqualified a Member
    who was appointed a militia officer in the District of Columbia (I, 486)
    and in various States (VI, 60), and Members who have accepted
    commissions in the Army (I, 491, 492, 494). But the Judiciary Committee
    has expressed the opinion that persons on the retired list of the Army
    do not hold office under the United States in the constitutional sense
    (I, 494). A Member-elect has continued to act as governor of a State
    after the assembling of the Congress to which he was elected (I, 503),
    but the duties of a Member of the House and the Governor of a State are
    absolutely inconsistent and may not be simultaneously discharged by the
    same Member (VI, 65).-

    Sec. 98. As to what are incompatible
    offices.

      The Judiciary Committee  has concluded that members of commissions created by law to
    investigate and report, but having no legislative, executive, or
    judicial powers, and visitors to academies, regents, directors, and
    trustees of public institutions, appointed under the law by the Speaker,
    are not officers within the meaning of the Constitution (I, 493).
    Membership on joint committees created by the statute is not an office
    in the contemplation of the constitutional provision prohibiting Members
    of Congress from holding simultaneously other offices under the United
    States (VII, 2164). A Member of either House is eligible to appointment
    to any office not forbidden him by law, the duties of which are not
    incompatible with those of a Member

    Sec. 99. Appointment of Memberselect to
    offices under the United States.

      The House decided  that the status of a Member-elect was
    not affected by the constitutional requirement (I, 499), the theory
    being advanced that the status of the Member-elect is distinguished from
    the status of the Member who has qualified (I, 184). A Member-elect, who
    continued in an office after his election but resigned before taking his
    seat, was held entitled to the seat (I, 497, 498). However, when a
    Member-elect held an incompatible office after the meeting of Congress
    and his taking of the oath, he was held to have disqualified himself (I,
    492). In other words, the Member-elect may defer until the meeting of
    Congress and his taking of the oath, his choice between the seat and an
    incompatible office (I, 492). As early as 1874 the Attorney General
    opined that a Member-elect is not officially a Member of the House, and
    thus may hold any office until sworn (14 Op. Att'y Gen. 408 (1874)).

    [[Page 46]]

    Sec. 100. Relation of contestants to
    incompatible offices.

      The House has  manifestly leaned to the idea that a contestant
    holding an incompatible office need not make his election until the
    House has declared him entitled to the seat (I, 505). Although a
    contestant had accepted and held a State office in violation of the
    state constitution, if he were really elected a Congressman, the House
    did not treat his contest as abated (II, 1003). Where a Member had been
    appointed to an incompatible office a contestant not found to be elected
    was not admitted to fill the vacancy (I, 807).

    Sec. 101. Procedure of the House when
    incompatible offices are accepted.

      Where a Member  has accepted an incompatible
    office, the House has assumed or declared the seat vacant (I, 501, 502;
    VI, 65). In the cases of Baker and Yell, the Elections Committee
    concluded that the acceptance of a commission as an officer of
    volunteers in the national army vacated the seat of a Member (I, 488),
    and in another similar case the Member was held to have forfeited his
    right to a seat (I, 490). The House has seated a person bearing regular
    credentials on ascertaining that his predecessor in the same Congress
    had accepted a military office (I, 572). But usually the House by
    resolution formally declares the seat vacant (I, 488, 492). A Member-
    elect may defer until the meeting of Congress and his taking of the oath
    of office his choice between the seat and an incompatible office (I,
    492). But when he retains the incompatible office and does not qualify,
    a vacancy has been held to exist (I, 500). A resolution excluding a
    Member who has accepted an incompatible office may be agreed to by a
    majority vote (I, 490). A Member charged with acceptance of an
    incompatible office was heard in his own behalf during the debate (I,
    486).

      Where it was held in Federal court that a Member of Congress may not
    hold a commission in the Armed Forces Reserve under this clause, the
    U.S. Supreme Court reversed on other grounds, the plaintiff's lack of
    standing to maintain the suit. Reservists Committee to Stop the War v.
    Laird, 323 F. Supp. 833 (1971), aff'd, 595 F.2d 1075 (1972), rev'd on
    other grounds, 418 U.S. 208 (1974).

    Sec. 102. Bills raising revenue to
    originate in the House.

      Section 7. \1\ All Bills  for raising Revenue shall originate in the
    House of Representatives; but the Senate may propose or concur with
    Amendments as on other Bills.

    [[Page 47]]

    10, 1962, p. 23014; May 20, 1965, p. 11149; June 20, 1968, p. 22127;
    Nov. 8, 1979, p. 31518; May 17, 1983, p. 12486; Oct. 1, 1985, p. 25418;
    Sept. 25, 1986, p. 26202; July 30, 1987, p. 21582; June 16, 1988, p.
    14780; June 21, 1988, p. 15425; Sept. 23, 1988, p. 25094; Sept. 28,
    1988, p. 26415; Oct. 21, 1988, pp. 33110-11; June 15, 1989, p. 12167;
    Nov. 9, 1989, p. 28271; Oct. 22, 1991, p. 27087; Oct. 31, 1991, p.
    29284; Feb. 25, 1992, p. 3377; July 21, 1994, p. 17280; July 21, 1994,
    p. 17281; Aug. 12, 1994, pp. 7642, 7643; Oct. 7, 1994, p. ----; Mar. 21,
    1996, p. 5950; Apr. 16, 1996, pp. 7642, 7643; Sept. 27, 1996, p. 25542;
    Sept. 28, 1996, p. 25931; Mar. 5, 1998, p. ----; Oct. 15, 1998, p. ----;
    July 15, 1999, p. ----; Nov. 18, 1999, pp. ----; Oct. 24, 2000, p. ----
    ), or declined to proceed further with it (II, 1485). A bill raising
    revenue incidentally was held not to infringe upon the constitutional
    prerogative of the House to originate revenue legislation (VI, 315).
    Discussion of differentiation between bills for the purpose of raising
    revenue and bills which incidentally raise revenue (VI, 315). A question
    relating to the invasion of the constitutional prerogatives of the House
    by a Senate amendment may be raised at any time when the House is in
    possession of the papers, but not otherwise; thus, the question has been
    presented pending the motion to call up a conference report on the bill
    (June 20, 1968, Deschler's Precedents, vol. 3, ch. 13, sec. 14.2; Aug.
    19, 1982, p. 22127), but has been held nonprivileged with respect to a
    bill already presented to the President (Apr. 6, 1995, p. 10700). On
    January 16, 1924, p. 1027, the Senate decided that a bill proposing a
    gasoline tax in the District of Columbia should not originate in the
    Senate (VI, 316). Among the measures the House has returned to the
    Senate: a Senate-passed bill providing for the sale of Conrail and
    containing provisions relating to the tax treatment of the sale,
    notwithstanding inclusion in that bill of a disclaimer section requiring
    all revenue provisions therein to be contained in separate legislation
    originating in the House (Sept. 25, 1986, p. 26202); a Senate-passed
    bill prohibiting the importation of commodities subject to tariff (July
    30, 1987, p. 21582); a Senate-passed bill banning all imports from Iran,
    a tariff measure as affecting revenue from dutiable imports (June 16,
    1988, p. 14780); a Senate-passed bill dealing with the tax treatment of
    income derived from the exercise of Indian treaty fishing rights (June
    21, 1988, p. 15425); a Senate-passed bill creating a tax-exempt
    government corporation (June 15, 1989, p. 12167); a Senate-passed bill
    addressing the tax treatment of police-corps scholarships and the
    regulation of firearms under the Internal Revenue Code (Oct. 22, 1991,
    p. 27087); a Senate-passed bill including certain import sanctions in an
    export administration statute (Oct. 31, 1991, p. 29284); a Senate-passed
    bill requiring the President to impose sanctions including import
    restrictions against countries that fail to eliminate largescale
    driftnet fishing (Feb. 25, 1992, p. 3377); a Senate-passed bill
    proposing to regulate toxic substances by prohibiting the import of
    products containing more than specified level of lead (July 21, 1994, p.
    17280); a Senate amendment to a general appropriation bill proposing a
    user fee raising revenue to finance

    [[Page 48]]

    broader activities of the agency imposing the levy, thereby raising
    general revenue (Aug. 12, 1994, p. 21656); a Senate-passed bill
    proposing to repeal a fee on electricity generated by nuclear energy
    that otherwise would raise revenue (Mar. 5, 1998, p. ----); a Senate-
    passed bill proposing new import restrictions on products containing any
    substance derived from rhinoceroses or tigers (Oct. 15, 1998, p. ----);
    Senate-passed bills proposing an amendment to the criminal code that
    would make it unlawful to import certain assault weapons (Oct. 22, 1991,
    p. 27087) or to import large capacity ammunition feeding devices (July
    15, 1999, p. ----); Senate-passed bills prescribing the tax treatment of
    certain benefits to members of the Armed Forces (Nov. 18, 1999, p. ----)
    or of public-sector retirement plans (Nov. 18, 1999, p. ----); a Senate-
    passed bill proposing to create a new basis for applying import
    restrictions on bear viscera or products derived therefrom (Oct. 24,
    2000, p. ----). The House laid on the table a resolution asserting that
    a conference report accompanying a House bill originated provisions in
    derogation of the constitutional prerogative of the House and resolving
    that such bill be recommitted to conference (July 27, 2000, p. ----).
      This provision has been the subject of much discussion (II, 1488,
    1494). In the earlier days the practice was not always correct (II,
    1484); but in later years the House has insisted on its prerogative and
    the Senate has often shown reluctance to infringe thereon (II, 1482,
    1483, 1493). In several instances, however, the subject has been matter
    of contention, conference (II, 1487, 1488), and final disagreement (II,
    1485, 1487, 1488). Sometimes, however, when the House has questioned an
    invasion of prerogative, the Senate has receded (II, 1486, 1493). The
    disagreements have been especially vigorous over the right of the Senate
    to concur with amendments (II, 1489), and while the Senate has
    acquiesced in the sole right of the House to originate revenue bills, it
    has at the same time held to a broad power of amendment (II, 1497-1499).
    The House has frequently challenged the Senate on this point (II, 1481,
    1491, 1496; Sept. 14, 1965, p. 23632). When the House has perceived an
    invastion of its prerogative, it has ordered the bill or Senate
    amendment to be returned to the Senate (II, 1480-1499; VI, 315, 317;
    Mar. 30, 1937, p. 2930; July 2, 1960, p. 15818; Oct.

      Former clause 5(b) (current clause 5(a)) of rule XXI, added in the
    98th Congress, prohibits consideration of any amendment, including any
    Senate amendment, proposing a tax or tariff measure during consideration
    of a bill or joint resolution reported by a committee not having that
    jurisdiction (H. Res. 5, Jan. 3, 1983, p. 34).

      For discussion as to the prerogatives of the House under this clause,
    and discussion of the prerogatives of the House to originate
    appropriation bills, see Deschler's Precedents, vol. 3, ch. 13.

    Sec. 103. Decisions of the Court.

      Decisions  of the Supreme
    Court of the United States: Field v. Clark, 143 U.S. 649 (1892); Twin
    City Bank v. Nebeker, 167 U.S. 196 (1897); Flint v. Stone Tracy Co., 220
    U.S. 107 (1911); Millard v. Roberts, 202 U.S. 429 (1906); Rainey v.
    United States, 232 U.S. 310 (1914); United States v. Munoz-Flores, 495
    U.S. 385 (1990).

    [[Page 49]]

    House shall agree to pass the Bill, it shall be sent, together with the
    Objections, to the other House, by which it shall likewise be
    reconsidered, and if approved by two thirds of that House, it shall
    become a Law. But in all such Cases the Votes of both Houses shall be
    determined by Yeas and Nays, and the Names of the Persons voting for and
    against the Bill shall be entered on the Journal of each House
    respectively. * * *.

    Sec. 104. Approval and disapproval of bills by
    the President.

      \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 reconsider it. If after such Reconsideration two
    thirds of that

    [[Page 50]]

    House (IV, 3491). The statutes require that bills signed by the
    President shall be received by the Archivist of the United States and
    deposited in his office (1 U.S.C. 106a). Formerly these bills were
    received by the Secretary of State (IV, 3485) and deposited in his
    office (IV, 3429).

    Sec. 105. The act of approval.

      Under the usual  practice,
    bills are considered to have been presented to the President at the time
    they are delivered to the White House. In 1959, bills delivered to the
    White House while the President was abroad were held for presentation to
    the President upon his return to the United States by the White House.
    The United States Court of Claims held, in Eber Bros. Wine and Liquor
    Corp. v. United States, 337 F.2d 624 (1964), cert. denied, 380 U.S. 950
    (1965), that where the President had determined, with the informal
    acquiescence of leaders of Congress, that bills from the Congress were
    to be received at the White House only for presentation to him upon his
    return to the United States and the bill delivered to the White House
    was so stamped, the Presidential veto of the bill more than 10 days
    after delivery to the White House but less than 10 days after his return
    to the country was timely. The second session of the 89th Congress
    adjourned sine die while President Johnson was on an Asian tour and
    receipts for bills delivered to the White House during that time were
    marked in like manner. The approval of a bill by the President of the
    United States is valid only with his signature (IV, 3490). Prior to the
    adoption of the 20th amendment to the Constitution, at the close of a
    Congress, when the two Houses prolonged their sessions into the forenoon
    of March 4, the approvals were dated on the prior legislative day, as
    the legislative portion of March 4 belonged to the term of the new
    Congress. In one instance, however, bills signed on the forenoon of
    March 4 were dated as of that day with the hour and minute of approval
    given with the date (IV, 3489). The 20th amendment to the Constitution
    changed the date of meeting of the Congress to January 3d. The act of
    President Tyler in filing with a bill an exposition of his reasons for
    signing it was examined and severely criticized by a committee of the
    House (IV, 3492); and in 1842 a committee of the House discussed the act
    of President Jackson in writing above his signature of approval a
    memorandum of his construction of the bill (IV, 3492). But where the
    President has accompanied his message announcing the approval with a
    statement of his reasons there has been no question in the

    Sec. 106. Notice of approval sent by
    message.

      Notice of the  signature of a bill by the President is sent by message to
    the House in which it originated (VII, 1089) and that House informs the
    other (IV, 3429). But this notice is not necessary to the validity of
    the act (IV, 3495). Sometimes, at the close of a Congress the President
    informs the House of such bills as he has approved and of such as he has
    allowed to fail (IV, 3499-3502). In one instance he communicated his
    omission to sign a bill through the committee appointed to notify him
    that Congress was about to adjourn (IV, 3504). A bill that had not
    actually passed having been signed by the President, he disregarded it
    and a new bill was passed (IV, 3498). Messages of the President giving
    notice of bills approved are entered in the Journal and published in the
    Congressional Record (V, 6593).

    Sec. 107. Disapproval (or veto) of
    bills.

      A message withholding  approval of a bill, called a veto message, is sent to the House
    in which the bill originated; but it has been held that such a message
    may not be returned to the President on his request after it has been
    laid before the Senate (IV, 3521). Instance where a veto message which
    had not been laid before the House was returned to the President on his
    request (Aug. 1, 1946, p. 10651). A vetoed bill received in the House by
    way of the Senate is considered as if received directly from the
    President and supersedes the regular order of business (IV, 3537; VII,
    1109). A veto message may not be read in the absence of a quorum, even
    though the House be about to adjourn sine die (IV, 3522; VII, 1094); but
    the message may be read and acted on at the next session of the same
    Congress (IV, 3522). When the President has been prevented by
    adjournment from returning a bill with his objections he has sometimes
    at the next session communicated his reasons for not approving (V, 6618-
    6620).

      Although the ordinary form of a return veto is a message under seal
    returning the enrollment with a statement of the President's objections,
    an enrolled House bill returned to the Clerk during the August recess
    with a ``memorandum of disapproval'' setting forth the objections of the
    President was considered as a return veto (Sept. 11, 1991, p. 22643).

    [[Page 51]]

    are in order (IV, 3542-3550; VII, 1100, 1105, 1113; Speaker Wright, Aug.
    3, 1988, p. 20280) and (for the stated examples) debatable under the
    hour rule (VIII, 2740). Although under clause 4 of rule XVI, and under
    the precedents the motion for the previous question takes precedence
    over motions to postpone or to refer when a question is under debate,
    where the Speaker has laid before the House a veto message from the
    President but has not yet stated the question to be on overriding the
    veto, that question is not ``under debate'' and the motion for the
    previous question does not take precedence (Speaker Wright, Aug. 3,
    1988; Procedure, ch. 24, sec. 15.8). A resolution asserting that to
    recognize for a motion to refer a veto message before stating the
    question on overriding the veto would interfere with the constitutional
    prerogative of the House to proceed to that question, and directing the
    Speaker to state the question on overriding the veto as pending before
    recognizing for a motion to refer, did not give rise to a question of
    the privileges of the House (Speaker Wright, Aug. 3, 1988, p. 20281). A
    motion to refer a vetoed bill, either with or without the message, has
    been held allowable within the constitutional mandate that the House
    ``shall proceed to reconsider'' (IV, 3550; VII, 1104, 1105, 1108, 1114),
    and in the 101st Congress, a veto pending as unfinished business was
    referred with instructions to consider and report promptly (Jan. 24,
    1990, p. 421). But while the ordinary motion to refer may be applied to
    a vetoed bill, it is not in order to move to recommit it pending the
    demand for the previous question or after it is ordered (IV, 3551; VII,
    1102). When a veto message is before the House for consideration de novo
    or as unfinished business, a motion to refer the message to committee
    takes precedence over the question of passing the bill, the objections
    of the President to the contrary notwithstanding (Procedure, ch. 24,
    sec. 15.8; Oct. 25, 1983, p. 29188), but the motion to refer may be laid
    on the table (Oct. 25, 1983, p. 29188). A vetoed bill having been
    rejected by the House, the message was referred (IV, 3552; VII, 1103).
    Committees to which vetoed bills have been referred have sometimes
    neglected to report (IV, 3523, 3550, footnotes; VII, 1108, 1114).

    Sec. 108. Consideration of a vetoed bill in the
    House.

      It is the  usual but not invariable rule that a bill returned with the
    objections of the President shall be voted on at once (IV, 3534-3536)
    and when laid before the House the question on the passage is considered
    as pending and no motion from the floor is required (VII, 1097-1099),
    but it has been held that the constitutional mandate that ``the House
    shall proceed to consider'' means that the House shall immediately
    proceed to consider it under the Rules of the House, such that the
    ordinary motions under the Rules of the House (e.g., to refer or to
    postpone to a day certain)

      A vetoed bill may be laid on the table (IV, 3549; VII, 1105), but it
    is still highly privileged and a motion to take it from the table is in
    order at any time (IV, 3550; V, 5439). Also a motion to discharge a
    committee from the consideration of such a bill is privileged (IV, 3532;
    Aug. 4, 1988, p. 20365; Sept. 19, 1996, p. 23815) and (in the modern
    practice) is debatable (Mar. 7, 1990, p. 3620) but is subject to the
    motion to lay on the table (Sept. 7, 1965, p. 22958; Aug. 4, 1988, p.
    20365). When the motion to discharge is agreed to, the veto message is
    pending as unfinished business (Mar. 7, 1990, p. 3621). While a vetoed
    bill is always privileged, the same is not true of a bill reported in
    lieu of it (IV, 3531; VII, 1103).

    [[Page 52]]

    President's veto (art. I, sec. 7; IV, 2726, 3520; VII, 1110). The two-
    thirds vote required to pass the bill is two-thirds of the Members
    present and voting and not two-thirds of the total membership of the
    House (IV, 3537, 3538; Missouri Pac. Ry. Co. v. Kansas, 248 U.S. 276
    (1919)). Only Members voting should be considered in determining whether
    two-thirds voted in the affirmative (VII, 1111). The motion to
    reconsider may not be applied to the vote on reconsideration of a bill
    returned with the objections of the President (V, 5644; VIII, 2778).

    Sec. 109. Action on a vetoed bill.

      If two-thirds of  the
    House to which a bill is returned with the President's objections agree
    to pass it, and then two-thirds of the other House also agree, it
    becomes a law (IV, 3520). The yeas and nays are required to pass a bill
    over the

      It is the practice for one House to inform the other by message of its
    decision that a bill returned with the objections of the President shall
    not pass (IV, 3539-3541). A bill passed notwithstanding the objections
    of the President is sent by the presiding officer of the House which
    last acts on it to the Archivist, who receives it and deposits it in his
    office (1 U.S.C. 106a). Formerly these bills were sent to the Secretary
    of State (IV, 3524) and deposited in his office (IV, 3485).

    Sec. 110. Errors in bills sent to the
    President.

      A bill incorrectly  enrolled has been recalled from the President, who erased
    his signature (IV, 3506). Bills sent to the President but not yet signed
    by him are sometimes recalled by concurrent resolution of the two Houses
    (IV, 3507-3509; VII, 1091; Sept. 4, 1962, p. 18405; May 6, 1974, p.
    13076), and amended; but this proceeding is regarded as irregular (IV,
    3510-3518). When the two Houses of Congress request the President by
    concurrent resolution to return an enrolled bill delivered to him and
    the President honors the request, the ten-day period under this clause
    runs anew from the time the bill is re-enrolled and is again presented
    to the President. Thus, in the 93d Congress the President returned on
    May 7, 1974 a bill pursuant to the request of Congress (H. Con. Res.
    485, May 6, 1974, p. 13076). The bill was again enrolled, presented to
    the President on May 7, and marked ``received May 7'' at the White
    House. An error in an enrolled bill that has gone to the President may
    also be corrected by a joint resolution (IV, 3519; VII, 1092). In the
    99th Congress, two enrollments of a continuing appropriation bill for FY
    1987 were presented to and signed by the President, the second
    correcting an omission in the first (see P.L. 99-500 and 99-591). In
    Clinton v.  City of New York, 524 U.S. 417 (1998), the Supreme Court
    held that the cancellation procedures of the Line Item Veto Act violated
    the presentment clause of article I, section 7 of the Constitution. For
    a discussion of the operation of the Act during the period of its
    effectiveness, see Sec. 1130, infra.

    [[Page 53]]

    Sec. 110a. Decisions of the Court.

      Decisions  of the Supreme
    Court of the United States: Matthews v. Zane, 20 U.S. (7 Wheat.) 164
    (1822); Gardner v. Collector, 73 U.S. (6 Wall.) 499 (1868); Lapeyre v.
    United States, 84 U.S. (17 Wall.) 191 (1873); La Abra Silver Mining Co.
    v. United States, 175 U.S. 423 (1899); Missouri Pacific Railway Co. v.
    Kansas, 248 U.S. 276 (1919); Edwards v. United States, 286 U.S. 482
    (1932); Wright v. United States, 302 U.S. 583 (1938); Clinton v. City of
    New York, 524 U.S. 417 (1998).

    Sec. 111. Bills which become laws without the
    President's approval.

      * * * If any  Bill shall not be returned by the President
    within ten Days (Sundays excepted) after it shall have been presented to
    him, the Same shall be a Law, in like Manner as if he had signed it,
    unless the Congress by their Adjournment prevent its Return, in which
    Case it shall not be a Law.

      A bill signed by the President within 10 days (Sunday excepted) after
    it has been presented to him becomes a law even though such signing
    takes place when Congress is not in session, whether during the period
    of an adjournment to a day certain or after the final adjournment of a
    session. Presidents currently sign bills after sine die adjournment but
    within 10 days after their receipt. President Truman signed several
    bills passed in the 81st Congress after the convening of the 82d
    Congress but within 10 days (P.L. 910-921; 64 Stat. 1221-1257); and
    President Reagan approved bills passed in the 97th Congress which were
    presented after the convening of the 98th Congress. It was formerly
    contended that the President might not approve bills during a recess
    (IV, 3493, 3494), and in one instance, in 1864, when the President
    signed a bill after final adjournment of Congress but within 10 days
    grave doubts were raised and an adverse report was made by a House
    committee (IV, 3497). Later opinions of the Attorney General have been
    to the effect that the President has the power to approve bills within
    10 days after they have been presented to him during the period of an
    adjournment to a day certain (IV, 3496) and after an adjournment sine
    die (VII, 1088). The Supreme Court has held valid as laws bills signed
    by the President within 10 days during a recess for a specified time (La
    Abra Silver Mining Co. v. United States, 175 U.S. 451 (1899); IV, 3495)
    and also those signed after an adjournment sine die (Edwards v. United
    States, 286 U.S. 482 (1932)).

    [[Page 54]]

    Sec. 112. The pocket veto.

      A bill which  is passed by both
    Houses of Congress during the first regular session of a Congress and
    presented to the President less than 10 days (Sundays excepted) before
    the sine die adjournment of that session, but is neither signed by the
    President, nor returned by him to the House in which it originated, does
    not become a law (``The Pocket Veto Case,'' 279 U.S. 655 (1929); VII,
    1115). President Truman during an adjournment to a day certain pocket
    vetoed several bills passed by the 81st Congress and also, after the
    convening of the 82d Congress, pocket vetoed one bill passed in the 81st
    Congress. The Supreme Court has held that the adjournment of the House
    of origin for not exceeding three days while the other branch of the
    Congress remained in session, did not prevent a return of the vetoed
    bill to the House of origin (Wright v. United States, 302 U.S. 583
    (1938)).

    Sec. 113. Effect of adjournment to a day
    certain.

      Doubt has existed  as to whether a bill which remains with the President 10 days
    without his signature, Congress meanwhile before the tenth day having
    adjourned to a day certain, becomes a law (IV, 3483, 3496; VII, 1115);
    an opinion of the Attorney General in 1943 stated that under such
    circumstances a bill not signed by the President did not become a law
    (40 Op. Att'y Gen. 274 (1943)). However, more recently, where a Member
    of the Senate challenged in Federal court the effectiveness of such a
    pocket veto, a United States Court of Appeals held that a Senate bill
    could not be pocket-vetoed by the President during an ``intrasession''
    adjournment of Congress to a day certain for more than three days, where
    the Secretary of the Senate had been authorized to receive Presidential
    messages during such adjournment. Kennedy v. Sampson, 511 F.2d 430 (D.C.
    Cir., 1974). See also Kennedy v. Jones, 412 F. Supp. 353 (D.D.C. 1976).
    Following a consent decree in this case, it was announced that President
    Ford would utilize a ``return'' veto, subject to override, in
    intersession and intrasession adjournments where authority exists for
    the appropriate House to receive such messages notwithstanding the
    adjournment.

      In the 101st Congress, when President Bush returned an enrolled bill
    during the intersession adjournment, not by way of message under seal
    but with a ``memorandum of disapproval'' setting forth his objections,
    the House treated it as a return veto subject to override under article
    I, section 7 (Jan. 23, 1990, p. 4). Similarly, in the 102d Congress, an
    enrolled House bill returned to the Clerk during the August recess, not
    by way of message under seal but with a ``memorandum of disapproval''
    setting forth the objections of the President, was considered as a
    return veto (Sept. 11, 1991, p. 22643). Also in the 102d Congress,
    President Bush purported on December 20, 1991, to pocket veto a bill (S.
    1176) that was presented to him on December 9, 1991, notwithstanding
    that the Congress was in an intrasession adjournment (from Nov. 27,
    1991, until 11:55 a.m., Jan. 3, 1992) rather than an adjournment sine
    die (see Jan. 23, 1992 [Daily Digest]); and during debate on a
    subsequent bill (S. 2184) purporting to repeal the provisions of S. 1176
    and to enact instead provisions acceding to the objections of the
    President, the Speaker inserted remarks on the pocket veto in light of
    modern congressional practice concerning the receipt of messages and
    communications during recesses and adjournments (Mar. 3, 1992, p. 4081).

    [[Page 55]]

    36246; veto override, Nov. 20, 1974, p. 36621). Subsequently, on
    November 21, 1974, the Senate also voted to override the veto (p. 36882)
    and pursuant to 1 U.S.C. 106a the Enrolling Clerk of the Senate
    forwarded the bill to the Archives for publication as a public law. The
    Administrator of General Services at the Archives (now Archivist), upon
    instructions from the Department of Justice, declined to promulgate the
    bill as public law on the day received. The question as to the efficacy
    of the congressional action in passing the bill over the President's
    veto was mooted when the House and Senate passed on November 26, 1974
    (pp. 37406, 37603), an identical bill which was signed into law on
    December 7, 1974 (P.L. 93-516). On similar occasions, when the President
    has asserted a ``pocket veto,'' the House has regarded the President's
    actual return of the bill without his signature as a veto within the
    meaning of article I, section 7 of the Constitution and proceeded to
    reconsider the bill over the President's obections (Jan. 23, 1990, p. 3;
    Sept. 6, 2000, p. ----; Nov. 13, 2000, p. ----).
      In the 93d Congress, the President returned a House bill without his
    signature to the Clerk of the House, who had been authorized to receive
    messages from the President during an adjournment to a day certain, and
    the President asserted in his veto message that he had ``pocket vetoed''
    the bill during the adjournment of the House to a day certain. The House
    regarded the President's return of the bill without his signature as a
    veto within the meaning of article I, section 7 of the Constitution and
    proceeded to reconsider and to pass the bill over the President's veto,
    after postponing consideration to a subsequent day (motion to postpone,
    Nov. 18, 1974, p.

      As part of the concurrent resolution providing for the sine die
    adjournments of the first sessions of the 101st Congress and 105th
    Congress, the Congress reaffirmed its position that an intersession
    adjournment did not prevent the return of a bill where the Clerk and the
    Secretary of the Senate were authorized to receive messages during the
    adjournment (H. Con. Res. 239, Nov. 21, 1989, p. 31156; S. Con. Res. 68,
    Nov. 13, 1997, p. ----). For the views of the Speaker, the Minority
    Leader, and the Attorney General concerning pocket veto authority during
    an intrasession adjournment, see correspondence inserted in the
    Congressional Record (Jan. 23, 1990, p. 3; Sept. 19, 2000, p. ----; Nov.
    13, 2000, p. ----); and for discussions of the constitutionality of
    intersession or intrasession pocket vetoes see Kennedy, ``Congress, The
    President, and The Pocket Veto,'' 63 Va. L. Rev. 355 (1977), and
    Hearing, Subcommittee on Legislative Process, Committee on Rules, on
    H.R. 849, 101st Congress.

    Sec. 114. Decisions of the Court.

      Decisions  of the Supreme
    Court of the United States: La Abra Silver Mining Co. v. United States,
    175 U.S. 423 (1899); Wilkes County v. Coler, 180 U.S. 506 (1901); the
    Pocket Veto Case, 279 U.S. 655 (1929); Edwards v. United States, 286
    U.S. 482 (1932); Wright v. United States, 302 U.S. 583 (1938); Burke v.
    Barnes, 479 U.S. 361 (1987) (vacating and remanding as moot the decision
    sub nom. Barnes v. Kline, 759 F.2d 21 (D.C. Cir. 1984)).

    [[Page 56]]

    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.

    Sec. 115. As to presentation of orders and
    resolutions for approval.

      \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 Adjournment) shall be presented to the President of the
    United States; and before the Same shall take Effect, shall be approved
    by him, or

      It has been settled conclusively that a joint resolution proposing an
    amendment to the Constitution should not be presented to the President
    for his approval (V, 7040; Hollingsworth v. Virginia, 3 U.S. (3 Dall.)
    378 (1798)). Such joint resolutions, after passage by both Houses, are
    presented to the Archivist (1 U.S.C. 106b). Although the requirement of
    the Constitution seems specific, the practice of Congress has been to
    present to the President for approval only such concurrent resolutions
    as are legislative in effect (IV, 3483, 3484) which is not within the
    scope of the modern form of concurrent resolutions. See Sec. 192, infra,
    for a discussion of Presidential approval of a joint resolution
    extending the period for State ratification of a constitutional
    amendment already submitted to the States. For discussion of
    ``Congressional Disapproval'' provisions contained in public laws, see
    Sec. 1130, infra.

    Sec. 116. Decisions of the Court.

      Decisions  of the Supreme
    Court of the United States: Field v. Clark, 143 U.S. 649 (1892); United
    States v. Ballin, 144 U.S. 1 (1892); Fourteen Diamond Rings v. United
    States, 183 U.S. 176 (1901); INS v. Chadha, 462 U.S. 919 (1983); Process
    Gas Consumer's Group v. Consumer Energy Council of America 463 U.S. 1216
    (1983).

    Sec. 117. The revenue power.

      Section 8. The Congress  shall
    have Power \1\ To lay and collect Taxes, Duties, Imposts and Excises, to
    pay the Debts and provide for the common Defence and general Welfare of
    the United States; but all Duties, Imposts and Excises shall be uniform
    throughout the United States;
    <>   \2\ To borrow Money on the
    credit of the United States:

    [[Page 57]]

    Sec. 119. Power over commerce.

      \3\ To regulate  Commerce with
    foreign Nations, and among the several States, and with the Indian
    Tribes;

    Sec. 120. Naturalization and bankruptcy.

      \4\ To establish  an
    uniform Rule of Naturalization, and uniform Laws on the subject of
    Bankruptcies throughout the United States;
    <>   \5\ To coin Money,
    regulate the Value thereof, and of foreign Coin, and fix the Standard of
    Weights and Measures;

    Sec. 122. Counterfeiting.

      \6\ To provide  for the Punishment
    of counterfeiting the Securities and current Coin of the United States;-
    -
    <>   \7\ To establish Post
    Offices and Post Roads;

    Sec. 124. Patents and copyrights.

      \8\ To promote  the
    Progress of Science and useful Arts, by securing for limited Times to
    Authors and Inventors the exclusive Right to their respective Writings
    and Discoveries;
    <>   \9\ To constitute Tribunals
    inferior to the supreme Court;
    <>   \10\
    To define and punish Piracies and Felonies committed on the high Seas,
    and Offenses against the Law of Nations;
    <>   \11\
    To declare War, grant Letters of Marque and Reprisal, and make Rules
    concerning Captures on Land and Water;

    [[Page 58]]

    a report is submitted or is required to be submitted, (1) declares war
    or authorizes use of the Armed Forces; (2) extends by law the 60-day
    period; or (3) is physically unable to meet as result of armed attack.
    The Act also provided that Congress could adopt a concurrent resolution
    requiring the removal of Armed Forces engaged in foreign hostilities, a
    provision which should be read in light of INS v. Chadha, 462 U.S. 919
    (1983). Sections 6 and 7 of the Act provide congressional procedures for
    joint resolutions, bills, and concurrent resolutions introduced pursuant
    to the provisions of the Act (see Sec. 1130, infra). For further
    discussion of that Act, and war powers generally, see Deschler's
    Precedents, vol. 3, ch. 13.

    Sec. 128. War powers of Congress and the
    President.

      In the 93d  Congress, the Congress passed over the President's veto
    Public Law 93-148, relating to the power of Congress to declare war
    under this clause and the power of the President as Commander in Chief
    under article II, section 2, clause 1 (Sec. 178, infra). The law
    requires that the President report to Congress on the introduction of
    United States Armed Forces in the absence of a declaration of war. The
    President must terminate use of the Armed Forces unless Congress, within
    60 calendar days after

    Sec. 129. Raising and support of armies.

      \12\ To raise  and
    support Armies, but no Appropriation of Money to that Use shall be for a
    longer Term than two Years;
    <>   \13\ To provide and
    maintain a Navy;
    <>   \14\ To make Rules for the
    Government and Regulation of the land and naval Forces;

    Sec. 132. Calling out the militia.

      \15\ To provide  for
    calling forth the Militia to execute the Laws of the Union, suppress
    Insurrections and repel Invasions;

    Sec. 133. Power over militia.

      \16\ To provide  for
    organizing, arming, and disciplining, the Militia, and for governing
    such Part of them as may be employed in the Service of the United
    States, reserving to the States respectively, the Appointment of the
    Officers, and the Authority of training the Militia according to the
    discipline prescribed by Congress;

    [[Page 59]]

    ticular States, and the Acceptance of Congress, become the Seat of the
    Government of the United States, and to exercise like Authority over all
    Places purchased by the Consent of the Legislature of the State in which
    the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-
    Yards, and other needful Buildings;--And

    Sec. 134. Power over territory of the United
    States.

      \17\ To exercise  exclusive Legislation in all Cases whatsoever, over such
    District (not exceeding ten Miles square) as may, by Cession of par

    -  \18\ To make <> all Laws
    which shall be necessary and proper for carrying into Execution the
    foregoing Powers, and all other Powers vested by this Constitution in
    the Government of the United States, or in any Department or Officer
    thereof.

    [[Page 60]]

    Sec. 135. Congressional authority over
    the District of Columbia.

      Congress has provided  by law that ``all that part of the territory
    of the United States included within the present limits of the District
    of Columbia shall be the permanent seat of government of the United
    States'' (4 U.S.C. 71). Pursuant to its authority under this clause,
    Congress provided in 1970 for the people of the District of Columbia to
    be represented in the House of Representatives by a Delegate and for a
    Commission to report to the Congress on the organization of the
    government of the District of Columbia (P.L. 91-405; 84 Stat. 845). For
    the powers and duties of the Delegate from the District of Columbia, see
    rule III (Sec. 675, infra) and Deschler's Precedents, vol. 2, ch. 7,
    sec. 3. In 1973, Congress passed the District of Columbia Self-
    Government and Governmental Reorganization Act, which reorganized the
    governmental structure of the District, provided a charter for local
    government subject to acceptance by a majority of the registered
    qualified voters of the District, delegated certain legislative powers
    to the District, and implemented certain recommendations of the
    Commission on the Organization of the Government of the District of
    Columbia (P.L. 93-198; 87 Stat. 774). Section 604 of that Act provides
    for congressional action on certain district matters by providing a
    procedure for approval and disapproval of certain actions by the
    District of Columbia Council. The section, as amended by Public Law 98-
    473, permits a highly privileged motion to discharge a joint resolution
    of approval or disapproval which has not been reported by the committee
    to which referred within 20 calendar days after its introduction (see
    Sec. 1130, infra).

    Sec. 137. Migration or importation of
    persons.

      Section 9. \1\ The  Migration or Importation of such Persons as any of the States
    now existing shall think proper to admit, shall not be prohibited by the
    Congress prior to the Year one thousand eight hundred and eight, but a
    Tax or duty may be imposed on such Importation, not exceeding ten
    dollars for each Person.

    Sec. 138. Writ of habeas corpus.

      \2\ The Privilege of  the
    Writ of Habeas Corpus shall not be suspended, unless when in Cases of
    Rebellion or Invasion the public Safety may require it.
    <>   \3\ No
    Bill of Attainder or ex post facto Law shall be passed.

    Sec. 140. Capitation and direct
    taxes.

      \4\ [No Capitation,  or other direct, tax shall be laid, unless in Proportion to the
    Census or Enumeration herein before directed to be taken.]

    Sec. 141. Export duties.

      This provision was changed in 1913 by the 16th amendment to the
    Constitution.
       \5\ No Tax or Duty shall be laid on
    Articles exported from any State.

    Sec. 142. Freedom of commerce.

      \6\ No Preference  shall be
    given by any Regulation of Commerce or Revenue to the Ports of one State
    over those of another: nor shall Vessels bound to, or from, one State,
    be obliged to enter, clear, or pay Duties in another.

    [[Page 61]]

    ceipts and Expenditures of all public Money shall be published from time
    to time.

    Sec. 143. Appropriations and accounting of public
    money.

      \7\ No Money  shall be drawn from the Treasury, but in Consequence of
    Appropriations made by Law; and a regular Statement and Account of the
    Re

    Sec. 144. Titles of nobility and gifts from
    foreign states.

      \8\ No Title of  Nobility shall be granted by the United States: And no
    Person holding any Office of Profit or Trust under them, shall, without
    the Consent of the Congress, accept of any present, Emolument, Office,
    or Title, of any kind whatever, from any King, Prince, or foreign State.

    Sec. 145. Foreign gifts and
    decorations.

      Consent has been  granted to officers and employees of the government,
    under enumerated conditions, to accept certain gifts and decorations
    from foreign governments (see 5 U.S.C. 7342). The adoption of this act
    largely has obviated the practice of passing private bills to permit the
    officer or employee to retain the award. However, where the Speaker (who
    was one of the officers empowered by an earlier law to approve retention
    of decorations by Members of the House) was himself tendered an award
    from a foreign government, a private law (Private Law 91-244) was
    enacted to permit him to accept and wear the award so that he would not
    be in the position of reviewing his own application under the provisions
    of the law.

      Public Law 95-105 amended the Foreign Gifts and Decorations Act (now 5
    U.S.C. 7342) to designate the Committee on Standards of Official Conduct
    of the House of Representatives as the employing agency for the House
    with respect to foreign gifts and decorations received by Members and
    employees; under that statute the Committee may approve the acceptance
    of foreign decorations and has promulgated regulations to carry out the
    Act with respect to Members and employees (Jan. 23, 1978, p. 452), and
    disposes of foreign gifts which may not be retained by the donee.

      Opinions of Attorneys General:

      Gifts from Foreign Prince, 24 Op. Att'y Gen. 117 (1902); Foreign
    Diplomatic Commission, 13 Op. Att'y Gen. 538 (1871); Marshal of Florida,
    6 Op. Att'y Gen. 409 (1854).

    [[Page 62]]

    Law impairing the Obligation of Contracts, or grant any Title of
    Nobility.

    Sec. 146. States not to make treaties, coin
    money, pass ex post facto laws, impair contracts, etc.

      Section 10. \1\ No  State shall
    enter into any Treaty, Alliance, or Confederation; grant Letters of
    Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing
    but gold and silver Coin a Tender in Payment of Debts; pass any Bill of
    Attainder, ex post facto Law, or

    Sec. 147. States not to lay imposts or
    duties.

      \2\ No State  shall, without the Consent of the Congress, lay any Imposts or
    Duties on Imports or Exports, except what may be absolutely necessary
    for executing it's inspection Laws: and the net Produce of all Duties
    and Imposts, laid by any State on Imports or Exports, shall be for the
    Use of the Treasury of the United States; and all such Laws shall be
    subject to the Revision and Controul of the Congress.

    Sec. 148. States not to lay tonnage taxes, make
    compacts, or go to war.

      \3\ No State  shall, without the Consent of Congress, lay
    any Duty of Tonnage, keep Troops, or Ships of War in time of Peace,
    enter into any Agreement or Compact with another State, or with a
    foreign Power, or engage in War, unless actually invaded, or in such
    imminent Danger as will not admit of delay.

                                   ARTICLE II.

    Sec. 149. Terms of the President and Vice
    President.

      Section 1. \1\ The  executive Power shall be vested in a President of the
    United States of America. He shall hold his Office during the Term of
    four years, and together with the Vice President, chosen for the same
    Term, be elected, as follows:

    [[Page 63]]

    Presidential terms shall end and successor terms shall begin at noon on
    January 20. Thus, Franklin D. Roosevelt's first term began on March 4,
    1933, but ended at noon on January 20, 1937. Formerly, when March 4 fell
    on Sunday, the public inauguration of the President occurred at noon on
    March 5 (III, 1996; VI, 449). Following ratification of the 20th
    amendment, the first time inauguration day fell on Sunday was January
    20, 1957, and Dwight David Eisenhower took the oath for his second term
    in a private ceremony at the White House on that day followed by a
    public inauguration ceremony on the steps of the East Front of the
    Capitol on Monday, January 21, 1957. A similar scenario was followed at
    the beginning of President Reagan's second term, with the oath being
    given at the White House on January 20, 1985, followed by a public
    ceremony on Monday, January 21, in the Rotunda of the Capitol. The 22d
    amendment provides that no person shall be elected President more than
    twice.

    Sec. 150. Commencement of President's term of
    office.

      George  Washington took the oath of office, as the first President on
    April 30, 1789 (III, 1986). The two Houses of the First Congress found,
    after examination by a joint committee, that by provisions made in the
    Federal Constitution and by the Continental Congress, the term of the
    President had, notwithstanding begun on March 4, 1789 (I, 3). The 20th
    amendment, declared to have been ratified on February 6, 1933, provides
    that

    Sec. 151. Electors of President and Vice President
    and their qualifications.

      \2\ Each  State shall appoint, in such Manner as the
    Legislature thereof may direct, a Number of Electors, equal to the whole
    Number of Senators and Representatives to which the State may be
    entitled in the Congress; but no Senator or Representative, or Person
    holding an Office of Trust or Profit under the United States, shall be
    appointed an Elector.

    Sec. 152. Questions as to qualifications of
    electors.

      Questions  of the qualifications of electors have arisen, and in one
    instance certain ones were found disqualified, but as their number was
    not sufficient to affect the result and as there was doubt as to what
    tribunal should pass on the question the votes were counted (III, 1941).
    In other cases there were objections, but the votes were counted (III,
    1972-1974, 1979). In one instance an elector found to be disqualified
    resigned both offices, whereupon he was made eligible to fill the
    vacancy thus caused among electors (III, 1975).

    [[Page 64]]

    they shall sign and certify, and transmit sealed to the Seat of
    Government of the United States, directed to the President of the
    Senate. The President of the Senate shall, in the presence of the Senate
    and House of Representatives, open all the Certificates, and the Votes
    shall then be counted. The Person having the greatest Number of Votes
    shall be the President, if such Number be a majority of the whole Number
    of Electors appointed: and if there be more than one who have such
    Majority, and have an equal Number of Votes, then the House of
    Representatives shall immediately chuse by Ballot one of them for
    President; and if no Person have a Majority, then from the five highest
    on the List the said House shall in like manner chuse the President. But
    in chusing the President, the Votes shall be taken by States, the
    Representation from each State having one Vote; A quorum for this
    purpose shall consist of a Member or Members from two thirds of the
    States, and a Majority of all the States shall be necessary to a Choice.
    In every Case, after the Choice of the President, the Person having the
    greatest Number of Votes of the Electors shall be the Vice President.
    But if there should remain two or more who have equal Votes, the Senate
    shall chuse from them by Ballot the Vice-President.]

    Sec. 152a. Original provision for failure of
    electoral college to choose, superseded by 12th amendment.

      \3\ [The  Electors
    shall meet in their respective States and vote by Ballot for two
    Persons, of whom one at least shall not be an Inhabitant of the same
    State with themselves. And they shall make a List of all the Persons
    voted for, and of the Number of Votes for each; which List

    <>   \4\ The Congress may determine the Time of chusing
    the Electors, and the Day on which they shall

    [[Page 65]]

    give their Votes; which Day shall be the same throughout the United
    States.

      This third clause of article II, section 1 was superseded by the 12th
    amendment (see Sec. Sec. 219-223, infra).

      The time for choosing electors has been fixed on ``the Tuesday next
    after the first Monday in November, in every fourth year''; and the
    electors in each State ``meet and give in their votes on the first
    Monday after the second Wednesday in December next following their
    appointment, at such place in each State as the legislature of such
    State shall direct'' (III, 1914; VI, 438; 3 U.S.C. 1, 7). The statutes
    also provide for transmitting to the President of the Senate
    certificates of the appointment of the electors and of their votes (III,
    1915-1917; VI, 439; 3 U.S.C. 11).

    Sec. 154. Qualifications of President of the United
    States.

      \5\ No  Person except a natural born Citizen, or a Citizen of the
    United States, at the time of the Adoption of this Constitution, shall
    be eligible to the Office of President; neither shall any Person be
    eligible to that Office who shall not have attained to the Age of thirty
    five Years, and been fourteen Years a Resident within the United States.

    Sec. 155. Succession in case of removal, death,
    resignation, or disability of President and Vice President.

      \6\ In  Case of
    the Removal of the President from Office, or of his Death, Resignation,
    or Inability to discharge the Powers and Duties of the said Office, the
    Same shall devolve on the Vice President, and the Congress may by Law
    provide for the Case of Removal, Death, Resignation or Inability, both
    of the President and Vice President, declaring what Officer shall then
    act as President, and such Officer shall act accordingly, until the
    Disability be removed, or a President shall be elected.

    [[Page 66]]

    gust 9, 1974, by delivering a signed resignation to the office of the
    Secretary of State, pursuant to 3 U.S.C. 20. Pursuant to amendment XXV,
    Vice President Gerald R. Ford became President and the House and Senate
    confirmed his nominee, Nelson A. Rockefeller, to become Vice President
    (December 19, 1974, p. 41516).

    Sec. 156. Resignation of the President.

      Amendment  XXV
    provides for filling a vacancy in the office of the Vice President and,
    when the President is unable to perform the duties of his office, for
    the Vice President to assume those powers and duties as Acting
    President. During the 93d Congress, President Richard M. Nixon resigned
    from office on Au

      Congress has also provided for the performance of the duties of the
    President in case of removal, death, resignation or inability, both of
    the President and Vice President (3 U.S.C. 19).

    Sec. 157. Compensation of President.

      \7\ The  President
    shall, at stated Times, receive for his Services, a Compensation, which
    shall neither be encreased nor diminished during the Period for which he
    shall have been elected, and he shall not receive within that Period any
    other Emolument from the United States, or any of them.

      The compensation of the President, formerly fixed at $200,000 per
    annum (3 U.S.C. 102), was increased to $400,000, effective January 20,
    2001 (P.L. 106-59). In addition the law provides an expense allowance of
    $50,000 (3 U.S.C. 102), and authorizes a travel allowance of not to
    exceed $100,000 (3 U.S.C. 103).

    Sec. 158. Oath of the President.

      \8\ Before  he enter on the
    Execution of his Office, he shall take the following Oath or
    Affirmation:--``I do solemnly swear (or affirm) that I will faithfully
    execute the Office of President of the United States, and will to the
    best of my Ability, preserve, protect and defend the Constitution of the
    United States.''

    [[Page 67]]

    Franklin D. Roosevelt, who had been elected for his fourth term as
    President, took the oath of office on the south portico at the White
    House. On August 9, 1974, Gerald R. Ford, who as Vice President
    succeeded to the Presidency following the resignation of President Nixon
    on that day, was sworn in in the East Room of the White House. The West
    Front of the Capitol was first used for the inaugural ceremony for
    Ronald W. Reagan, Jan. 20, 1981. Because of extreme cold, the public
    administration of the oath was for the first time held in the Rotunda of
    the Capitol, rather than on the West Front, as scheduled, on January 21,
    1985. Permission for such use is authorized by concurrent resolution
    (see, e.g., S. Con. Res. 144, 98th Cong. Oct. 9, 1984, p. ----).

    Sec. 159. Inauguration of the President.

      The  taking of this
    oath, which is termed the inauguration, is made the occasion of certain
    ceremonies which are arranged for by a joint committee of the two Houses
    (III, 1998, 1999; VI, 451). For many years the oath was normally taken
    at the east portico of the Capitol, although in earlier years it was
    taken in the Senate Chamber or Hall of the House (III, 1986-1995). On
    March 4, 1909, owing to inclemency of the weather, the President-elect
    took the oath and delivered his inaugural address in the Senate Chamber
    (VI, 447). And when Vice President Fillmore succeeded to the vacancy in
    the office of President, Congress being in session, he took the oath in
    the Hall of the House in the presence of the Senate and House (III,
    1997). In 1945

    Sec. 160. The President the Commander in
    Chief.

      Section 2. \1\ The  President shall be Commander in Chief of the Army and Navy of
    the United States, and of the Militia of the several States, when called
    into the actual Service of the United States; he may require
    the <> Opinion,
    in writing, of the principal Officer in each of the executive
    Departments, upon any Subject relating to the Duties of their
    respective <> Offices, and he shall have Power to grant Reprieves and
    Pardons for Offences against the United States, except in Cases of
    Impeachment.

    Sec. 163. War powers of Congress and the President.

      In  the
    93d Congress, the Congress passed over the President's veto Public Law
    93-148, relating to the power of Congress to declare war under article
    I, section 8, clause 11 (Sec. 127, supra) and the power of the President
    as Commander in Chief. For further discussion of the reports to Congress
    required and the procedure for congressional action provided under
    Public Law 93-148, see Sec. 128, supra.

    [[Page 68]]

    Sec. 164. Pardon of former President.

      In  1974, President
    Ford exercised his power under the last phrase of this clause by
    pardoning former President Nixon for any crimes he might have committed
    during a certain period in office (Proclamation 4311, September 8,
    1974). The former President had resigned following an impeachment
    inquiry in the House and the decision of the Committee on the Judiciary
    to report to the House recommending his impeachment by the House (Aug.
    20, 1974, p. 29219).

    Sec. 165. President makes treaties.

      \2\ He  shall have Power,
    by and with the Advice and Consent of the Senate, to make Treaties,
    provided two thirds of the Senators present concur; and he shall
    nominate, and by and with the Advice and Consent of the Senate, shall
    appoint Ambassadors, <> other public Ministers and Consuls, Judges of the Supreme
    Court, and all other Officers of the United States, whose Appointments
    are not herein otherwise provided for, and which shall be established by
    Law; but the Congress may by Law vest the Appointment of such inferior
    Officers, as they think proper, in the President alone, in the Courts of
    Law, or in the Heads of Departments.

      The power of the President to appoint diplomatic representatives to
    foreign governments and to determine their rank is derived from the
    Constitution and may not be circumscribed by statutory enactments (VII,
    1248). In Buckley v. Valeo, 424 U.S. 1 (1976) the Supreme Court held
    that any appointee exercising significant authority (not merely internal
    delegable authorities within the legislative branch) pursuant to the
    laws of the United States is an Officer of the United States and must
    therefore be appointed pursuant to this clause, and that Congress cannot
    by law vest such appointment authority in its own officers or require
    that Presidential appointments be subject to confirmation by both
    Houses.

    Sec. 167. President's power to fill vacancies during
    recess of the Senate.

      \3\ The  President shall have Power to fill up all
    Vacancies that may happen during the Recess of the Senate, by granting
    Commissions which shall expire at the End of their next Session.

    [[Page 69]]

    Sec. 168. Messages from the President.

      Section 3.  He shall
    from time to time give to the Congress Information of the State of the
    Union, and recommend to their Consideration such Measures as he shall
    judge necessary and expedient; * * *

      In the early years of the Government the President made a speech to
    Congress on its assembling (V, 6629), but in 1801 President Jefferson
    discontinued this practice and transmitted a message in writing. This
    precedent was followed until April 8, 1913, when the custom of
    addressing Congress in person was resumed by President Wilson and, with
    the exception of President Hoover (VIII, 3333) has been followed
    generally by subsequent Presidents. Only messages of major importance
    are delivered in person. A message in writing is usually communicated to
    both Houses on the same day, but an original document accompanying can
    of course be sent to but one House (V, 6616, 6617). The President's
    State of the Union message delivered in person to the 95th Congress,
    second Session, together with separate hand-delivered written messages,
    were referred on motion to the Union Calendar and ordered printed (Jan.
    19, 1978, p. 152). In early years confidential messages were often sent
    and considered in secret session of the House (V, 7251, 7252).

    Sec. 169. Messages required by law.

      By  law (31 U.S.C. 1105),
    the President is required to transmit the Budget to Congress on or after
    the first Monday in January but not later than the first Monday in
    February each year. In addition, he is required to submit a supplemental
    budget summary by July 16 each year (31 U.S.C. 1106). Submission of the
    Economic Report of the President is required within 10 days after the
    submission of the January budget (15 U.S.C. 1022). The Congressional
    Budget and Impoundment Control Act of 1974 (2 U.S.C. 601) requires the
    transmittal to Congress by the President of amendments and revisions
    related to the budget on or before April 10 and July 15 of each year. In
    addition, the Act provides for the transmittal of messages proposing
    rescissions and deferrals of budget authority (2 U.S.C. 682).

      When the President has indicated that he will address Congress in
    person a concurrent resolution is adopted by both Houses arranging for a
    joint session to receive the message. At the appointed hour the Members
    of the Senate arrive. The President of the Senate (the Vice President)
    sits to the right of the Speaker, but in the absence of the Vice
    President, the President pro tempore sits to the left of the Speaker
    (Nov. 27, 1963, p. 22838). The Speaker presides.

    Sec. 170. Reception of messages from the
    President.

      The  ceremony of receiving a message in writing is simple (V,
    6591), and may occur during consideration of a question of privilege (V,
    6640-6642) or before the organization of the House (V, 6647-6649) and in
    the absence of a quorum (V, 6650; VIII, 3339; clause 7 of rule XX).

    [[Page 70]]

    providing for a joint session to receive the President's message was
    held to be of the highest privilege (VIII, 3335).

    * * * <> he may, on extraordinary Occasions, convene both
    Houses, or either of them, and in Case of Disagreement between them,
    with Respect to the Time of Adjournment, he may adjourn them to such
    Time as he shall think proper; * * *

      But, with the exception of vetoes, messages are regularly laid before
    the House only at the time prescribed by the rule for the order of
    business (V, 6635-6638) within the discretion of the Speaker (VIII,
    3341). While a message of the President is always read in full the
    latest rulings have not permitted the reading of the accompanying
    documents to be demanded as a matter of right (V, 5267-5271; VII, 1108).
    A concurrent resolution

    * * * <> he shall receive Ambassadors and other
    public Ministers; he shall take Care That the Laws be faithfully
    executed, and shall Commission all the officers of the United States.

      In certain exigencies the President may convene Congress at a place
    other than the seat of government (I, 2; 2 U.S.C. 27). Congress has
    frequently been convened by the President (I, 10, 11; Nov. 17, 1947, p.
    10578; July 26, 1948, p. 9362), and in one instance, when Congress had
    provided by law for meeting, the President called it together on an
    earlier day (I, 12). The Congress having adjourned on July 27, 1947, p.
    10521, and on June 20, 1948, p. 9350, to a day certain, the President
    called it together on an earlier date than that to which it adjourned
    (Nov. 17, 1947, p. 10577; July 26, 1948, p. 9362). There has been some
    discussion as to whether or not there is a distinction between a session
    called by the President and other sessions of Congress (I, 12,
    footnote).

    Sec. 173. Impeachment of civil officers.

      Section 4.  The
    President, Vice President, and all civil Officers of the United States,
    shall be removed from Office on Impeachment for, and Conviction of,
    Treason, Bribery, or other high Crimes and Misdemeanors.

    [[Page 71]]

    2445, 2459, 2509). In Blount's case it was decided that a Senator was
    not a civil officer within the meaning of the impeachment provisions of
    the Constitution (III, 2310, 2316). Questions have also arisen as to
    whether or not the Congressional Printer (III, 1785), or a vice consul-
    general (III, 2515), might be impeached. Proceedings for the impeachment
    of territorial judges have been taken in several instances (III, 2486,
    2487, 2488), although various opinions have been given that such an
    officer is not impeachable (III, 2022, 2486, 2493). A committee of the
    House by majority vote held a Commissioner of the District of Columbia
    not to be a civil officer subject to impeachment under the Constitution
    (VI, 548). An independent counsel appointed under 28 U.S.C. 593 may be
    impeached under 28 U.S.C. 596(a), and a resolution impeaching such an
    independent counsel constitutes a question of the privileges of the
    House under rule IX (Sept. 23, 1998, p. ----).

    Sec. 174. As to the officers who may be impeached.

      In  the
    Blount trial the managers contended that all citizens of the United
    States were liable to impeachment, but this contention was not admitted
    (III, 2315), and in the Belknap trial both managers and counsel for
    respondent agreed that a private citizen, apart from offense in an
    office, might not be impeached (III, 2007). But resignation of the
    office, does not prevent impeachment for crime or misdemeanor therein
    (III, 2007, 2317, 2444,

    [[Page 72]]

    to impeach for this cause (III, 2476, 2512). There has, however, been
    some question as to the power of Congress to make an impeachable offense
    (III, 2014, 2015, 2021, 2512). Usurpation of power has been examined
    several times in its relations as a cause for impeachment (III, 2404,
    2508, 2509, 2516, 2517). There has also been discussion as to whether or
    not there is distinction between a misdemeanor and a high misdemeanor
    (III, 2270, 2367, 2492). Review of impeachments in Congress showing the
    nature of charges upon which impeachments have been brought and
    judgments of the Senate thereon (VI, 466). The report accompanying a
    resolution to impeach President Clinton, and the debate in the House
    thereon, included discussion of the nature of an impeachable offense (H.
    Rept. 105-830; Dec. 18-19, 1998, pp. ----). Of the four articles of
    impeachment of President Clinton reported by the Committee on the
    Judiciary ((1) perjury in grand jury, (2) perjury in a civil deposition,
    (3) obstruction of justice, and (4) improper responses to written
    questions from the Committee on the Judiciary), only the first and third
    were adopted by the House (H. Res. 611, Dec. 19, 1998, p. ----). The
    President was acquitted by the Senate on each article (Feb. 12, 1999, p.
    ----).

    Sec. 175. Nature of impeachable offenses.

      As  to what are
    impeachable offenses there has been much discussion (III, 2008, 2019,
    2020, 2356, 2362, 2379-2381, 2405, 2406, 2410, 2498, 2510; VI, 455;
    Impeachment of Richard M. Nixon, President of the United States,
    Committee on the Judiciary, H. Rept. 93-1305, Aug. 20, 1974, p. 29219;
    Associate Justice William O. Douglas, Final Report by the Special
    Subcommittee on H. Res. 920, Committee on the Judiciary, Sept. 17, 1970;
    Impeachment of William Jefferson Clinton, President of the United
    States, H. Rept. 105-830, Dec. 16, 1998). For a time the theory that
    indictable offenses only were impeachable was stoutly maintained and as
    stoutly denied (III, 2356, 2360-2362, 2379-2381, 2405, 2406, 2410,
    2416); but on the 10th and 11th articles of the impeachment of the
    President (Andrew Johnson) the House concluded to impeach for other than
    indictable offenses (III, 2418), and in the Swayne trial the theory was
    definitely abandoned (III, 2019). While there has not been definite
    concurrence in the claim of the managers in the trial of the President
    that an impeachable offense is any misbehavior that shows
    disqualification to hold and exercise the office, whether moral,
    intellectual, or physical (III, 2015), yet the House has impeached
    judges for improper personal habits (III, 2328, 2505), and in the
    impeachment of the President one of the articles charged him with
    ``intemperate, inflammatory, and scandalous harangues'' in public
    addresses, tending to the harm of the Government (III, 2420). There was
    no conviction under these charges except in the single case of Judge
    Pickering, who was charged with intoxication on the bench (III, 2328-
    2341). As to the impeachment of judges for other delinquencies, there
    has been much contention as to whether they may be impeached for any
    breach of good behavior (III, 2011, 2016, 2497), or only for judicial
    misconduct occurring in the actual administration of justice in
    connection with the court (III, 2010, 2013, 2017). The intent of the
    judge (III, 2014, 2382) as related to mistakes of the law, and the
    relations of intent to conviction have been discussed at length (III,
    2014, 2381, 2382, 2518, 2519). The statutes make nonresidence of a judge
    an impeachable offense, and the House has taken steps

    Sec. 176. Later impeachment inquiries.

      The  articles of
    impeachment adopted by the House in 1936 against Judge Ritter charged a
    variety of judicial misconduct, including violations of criminal law;
    the seventh and general article, upon which Judge Ritter was convicted
    by the Senate, charged general misconduct to bring his court into
    scandal and disrepute and to destroy public confidence in his court and
    in the judicial system (Impeachment by the House, Mar. 2, 1936, p. 3091;
    Conviction by the Senate, Apr. 17, 1936, p. 5606). Following his
    conviction by the Senate, former Judge Ritter brought an action for back
    salary, contending that the Senate had tried and convicted him for
    nonimpeachable offenses. The U.S. Court of Claims held that the Senate's
    power to try impeachments was exclusive and not subject to judicial
    review. Ritter v. United States, 84 Ct. Cls. 293 (1936), cert. denied,
    300 U.S. 668 (1937).

      In 1970 a special subcommittee of the Committee on the Judiciary
    considered charges of impeachment against Associate Justice Douglas of
    the Supreme Court. The subcommittee recommended against his impeachment
    but concluded that a Federal judge could be impeached (1) for judicial
    conduct which is a serious dereliction from public duty and (2) for
    nonjudicial conduct which is criminal in nature (Associate Justice
    William O. Douglas, Final Report by the Special Subcommittee on H. Res.
    920, Committee on the Judiciary, September 17, 1970).

    [[Page 73]]

    included the text of the three articles of impeachment adopted by the
    committee. The committee had concluded that impeachable offenses need
    not be indictable offenses and had impeached the President (1) for
    violating his oath of office and his duty under the Constitution by
    preventing, obstructing, and impeding the administration of justice; (2)
    for engaging in a course of conduct violating the constitutional rights
    of citizens, impairing the administration of justice, and contravening
    the laws governing executive agencies; and (3) for failing to honor
    subpoenas issued by the Committee on the Judiciary in the course of its
    impeachment inquiry (Impeachment of Richard M. Nixon, President of the
    United States, Committee on the Judiciary, H. Rept. 93-1305, Aug. 20,
    1974, printed in full in the Cong. Record, Aug. 22, 1974, p. 29219).
      In 1974 the Committee on the Judiciary investigated charges of
    impeachment against President Nixon (H. Res. 803, Feb. 6, 1974, p.
    2349), and determined to recommend his impeachment to the House. The
    President having resigned, the committee reported to the House without
    submitting a resolution of impeachment, and the House accepted the
    report by resolution (H. Res. 1333, Aug. 20, 1974, p. 29361). The report
    of the committee

      In 1986, for the first time since 1936, the House agreed to a
    resolution impeaching a Federal district judge. Judge Harry Claiborne
    had been convicted of falsifying Federal income tax returns. His final
    appeal was denied by the Supreme Court in April, and he began serving
    his prison sentence in May. Because he declined to resign, however,
    Judge Claiborne was still receiving his judicial salary and, absent
    impeachment, would resume the bench on his release from prison.
    Consequently, a resolution of impeachment was introduced on June 3, and
    on July 16, the Committee on the Judiciary reported to the House four
    articles of impeachment against Judge Claiborne. On July 22, the
    resolution was called up as a question of privilege and agreed to by a
    recorded vote of 406 yeas, 0 nays. After trial in the Senate, Judge
    Claiborne was convicted on three of the four articles of impeachment and
    removed from office on October 9, 1986.

      In 1988, the House agreed to a resolution reported from the Committee
    on the Judiciary and called up as a question of the privileges of the
    House impeaching Federal district judge Alcee L. Hastings for high
    crimes and misdemeanors specified in 17 articles of impeachment, some of
    them addressing allegations on which the judge had been acquitted in a
    Federal criminal trial (H. Res. 499, 100th Cong., Aug. 3, 1988, p.
    20206). No trial in the Senate was had before the adjournment of the
    100th Congress. In the 101st Congress, the House reappointed managers to
    conduct this impeachment in the Senate (Jan. 3, 1989, p. 84); the Senate
    began its deliberations on March 15, 1989 (p. 4219); conviction and
    removal from office occurred on October 20, 1989 (p. 25335). Also in the
    101st Congress, the Senate convicted Federal district judge Walter L.
    Nixon on two of the three impeachment charges brought against him (Nov.
    3, 1989, p. 27101). For further discussion of the continuance of
    impeachment proceedings in a succeeding Congress, see Sec. 620, infra.

    [[Page 74]]

    leged resolution reported from the Committee on the Judiciary
    authorizing an impeachment inquiry by that committee and investing it
    with special investigative authorities to facilitate the inquiry (H.
    Res. 581, Oct. 8, 1998, p. ----). The Committee on the Judiciary filed
    with the House a privileged report accompanying a resolution containing
    four articles of impeachment against President Clinton that alleged: (1)
    the President gave perjurious, false, and misleading testimony to a
    grand jury; (2) the President gave perjurious, false, and misleading
    testimony in a Federal civil action; (3) the President prevented,
    obstructed, and impeded the administration of justice relating to a
    Federal civil action; and (4) the President abused his office, impaired
    the administration of justice, and contravened the authority of the
    legislative branch by his response to 81 written questions submitted by
    the Committee on the Judiciary (H. Res. 611, Dec. 17, 1998, p. ----).
    The chairman of the Committee on the Judiciary called up the resolution
    on December 18, 1998 (p. ----). A resolution offered from the floor to
    permit the Delegate of the District of Columbia to vote on the articles
    of impeachment was held not to constitute a question of the privileges
    of the House under rule IX (Dec. 18, 1998, p. ----). To a privileged
    resolution of impeachment, an amendment proposing instead censure, which
    is not privileged, was held not germane (Dec. 19, 1998, p. ----).
      In 1998 the House agreed to a privileged resolution reported from the
    Committee on Rules, referring to the Committee on the Judiciary a
    communication from an independent counsel transmitting under 28 U.S.C.
    595(c) evidence of possible impeachable offenses by President Clinton,
    and restricting access to the communication and to meetings and hearings
    thereon (H. Res. 525, Sept. 11, 1998, p. ----). Later, the House adopted
    a privi

      For further discussion of impeachment proceedings, see Sec. Sec. 601-
    620, infra; Sec. 31, supra, and Deschler's Precedents, vol. 3, ch. 14.

                                  ARTICLE III.

    Sec. 177. The judges, their terms, and
    compensation.

      Section 1.  The judicial Power of the United States, shall be vested
    in one supreme Court, and in such inferior Courts as the Congress may
    from time to time ordain and establish. The Judges, both of the supreme
    and inferior Courts, shall hold their Offices during good Behaviour, and
    shall, at stated Times, receive for their Services, a Compensation,
    which shall not be diminished during their Continuance in Office.

    [[Page 75]]

    to all Cases affecting Ambassadors, other public Ministers and
    Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to
    Controversies to which the United States shall be a Party;--to
    Controversies between two or more States;--between a State and Citizens
    of another State;--between Citizens of different States;--between
    Citizens of the same State claiming Lands under Grants of different
    States, and between a State, or the Citizens thereof, and foreign
    States, Citizens or Subjects.

    Sec. 178. Extent of the judicial
    power.

      Section 2. \1\ The  judicial Power shall extend to all Cases, in Law and Equity,
    arising under this Constitution, the Laws of the United States, and
    Treaties made, or which shall be made, under their Authority;--

    Sec. 178a. Decisions of the Court on legislative
    standing.

      Decisions  of the Supreme Court involving legislative standing to bring
    cases in Federal court include Coleman v. Miller, 307 U.S. 433 (1939);
    Goldwater v. Carter, 444 U.S. 996 (1979); Allen v. Wright, 468 U.S. 737
    (1984); Whitmore v. Arkansas, 495 U.S. 149 (1990); and, most recently,
    Raines v. Byrd, 521 U.S. 811 (1997), holding that Member plaintiffs must
    have alleged a ``personal stake'' in having an actual injury redressed,
    rather than an ``institutional injury'' that is ``abstract and widely
    dispersed.''

    Sec. 179. Original and appellate jurisdiction of the
    Supreme Court.

      \2\ In  all Cases affecting Ambassadors, other public Ministers
    and Consuls, and those in which a State shall be Party, the supreme
    Court shall have original Jurisdiction. In all the other Cases before
    mentioned, the supreme Court shall have appellate Jurisdiction, both as
    to Law and Fact, with such Exceptions, and under such Regulations as the
    Congress shall make.

    [[Page 76]]

    Sec. 180. Places of trial of crimes by jury.

      \3\ The  Trial
    of all Crimes, except in Cases of Impeachment, shall be by Jury; and
    such Trial shall be held in the State where the said Crimes shall have
    been committed; but when not committed within any State, the Trial shall
    be at such Place or Places as the Congress may by Law have directed.

    Sec. 181. Treason against the United
    States.

      Section 3. \1\ Treason  against the United States, shall consist only in levying War
    against them, or in adhering to their Enemies, giving them Aid and
    Comfort. No Person shall be convicted of Treason unless on the Testimony
    of two Witnesses to the same overt Act, or on Confession in open Court.

    Sec. 182. Punishment for treason.

      \2\ The  Congress shall
    have Power to declare the Punishment of Treason, but no Attainder of
    Treason shall work Corruption of Blood, or Forfeiture except during the
    Life of the Person Attainted.

                                   ARTICLE IV.

    Sec. 183. Each State to give credit to acts,
    records, etc., of other States.

      Section 1.  Full Faith and Credit shall be given
    in each State to the Public Acts, Records, and judicial Proceedings of
    every other State. And the Congress may by general Laws prescribe the
    Manner in which such Acts, Records and Proceedings shall be proved, and
    the Effect thereof.
    <>   Section 2.
    \1\ The Citizens of each State shall be entitled to all Privileges and
    Immunities of Citizens in the several States.

    [[Page 77]]

    Sec. 185. Extradition for treason, felony, or other
    crime.

      \2\ A  Person charged in any State with Treason, Felony, or other
    Crime, who shall flee from Justice, and be found in another State, shall
    on Demand of the executive Authority of the State from which he fled, be
    delivered up, to be removed to the State having Jurisdiction of the
    Crime.

    Sec. 186. Persons held to service or labor.

      \3\ No  Person
    held to Service or Labour in one State, under the Laws thereof, escaping
    into another, shall, in Consequence of any Law or Regulation therein, be
    discharged from such Service or Labour, but shall be delivered up on
    Claim of the Party to whom such Service or Labour may be due.

    Sec. 187. Admission and formation of new
    States.

      Section 3. \1\ New  States may be admitted by the Congress into this Union; but no
    new State shall be formed or erected within the Jurisdiction of any
    other State; nor any State be formed by the Junction of two or more
    States, or Parts of States, without the Consent of the Legislatures of
    the States concerned as well as of the Congress.

    Sec. 188. Power of Congress over territory and other
    national property.

      \2\ The  Congress shall have Power to dispose of and make
    all needful Rules and Regulations respecting the Territory or other
    Property belonging to
    the United States; and nothing in this Constitution shall be so
    construed as to Prejudice any Claims of the United States, or of any
    particular State.

    [[Page 78]]

      The Court of Appeals for the District of Columbia Circuit has held
    that the property clause does not prohibit the transfer of United States
    property to foreign nations through self-executing treaties. Edwards v.
    Carter, 580 F.2d 1055 (1978), cert. denied, 436 U.S. 907 (1978).

    Sec. 189. Republican form of government and
    protection from domestic violence guaranteed to the States.

      Section 4. The  United
    States shall guarantee to every State in this Union a Republican Form of
    Government, and shall protect each of them against Invasion; and on
    Application of the Legislature, or of the Executive (when the
    Legislature cannot be convened) against domestic violence.

                                   ARTICLE V.

    Sec. 190. Amendments to the Constitution.

      The  Congress,
    whenever two thirds of both Houses shall deem it necessary, shall
    propose Amendments to this Constitution, or, on the Application of the
    Legislatures of two thirds of the several States, shall call a
    Convention for proposing Amendments, which, in either Case, shall be
    valid to all Intents and Purposes, as Part of this Constitution, when
    ratified by the Legislatures of three fourths of the several States, or
    by Conventions in three fourths thereof, as the one or the other Mode of
    Ratification may be proposed by the Congress; Provided that no Amendment
    which may be made prior to the Year One thousand eight hundred and eight
    shall in any Manner affect the first and fourth Clauses in the Ninth
    Section of the first Article; and that no State, without its Consent,
    shall be deprived of its equal Suffrage in the Senate.

    [[Page 79]]

    under Sec. 115, supra; Hollingsworth v. Virginia, 3 U.S. (3 Dall.) 378
    (1798)). They are filed with the Archivist who, under the law (1 U.S.C.
    106b; 1 U.S.C. 112), has the responsibility for the certification and
    publication of such amendments, once they are ratified by the States.
    Under the earlier procedure, the two Houses sometimes requested the
    President to transmit to the States certain proposed amendments (V,
    7041, 7043), but a concurrent resolution to that end was without
    privilege (VIII, 3508). The President notified Congress by message of
    the promulgation of the ratification of a constitutional amendment (V,
    7044).-

    Sec. 191. Form of and action on amendments to the
    Constitution.

      Amendments  to the Constitution are proposed in the form of joint
    resolutions, which have their several readings and are enrolled and
    signed by the presiding officers of the two Houses (V, 7029, footnote),
    but are not presented to the President for his approval (V, 7040; see
    discussion

    Sec. 192. The twothirds vote on proposed
    amendments.

      The  vote required on a joint resolution proposing an amendment
    to the Constitution is two-thirds of those voting, a quorum being
    present, and not two-thirds of the entire membership (V, 7027, 7028;
    VIII, 3503). The majority required to pass a constitutional amendment,
    like the majority required to pass a bill over the President's veto
    (VII, 1111) and the majority required to adopt a motion to suspend the
    rules (Dec. 16, 1981, pp. 31850, 31851, 31855, 31856), is two-thirds of
    those Members voting either in the affirmative or negative, a quorum
    being present, and Members who only indicate that they are ``present''
    are not counted in this computation (Nov. 15, 1983, p. 32685). The
    requirement of the two-thirds vote applies to the vote on the final
    passage and not to amendments (V, 7031, 7032; VIII, 3504), or prior
    stages (V, 7029, 7030), but is required where the House votes on
    agreeing to Senate amendments (V, 7033, 7034; VIII, 3505), or on
    agreeing to a conference report (V, 7036). One House having, by a two-
    thirds vote, passed in amended form a proposed constitutional amendment
    from the other House, and then having by a majority vote receded from
    its amendment, the constitutional amendment was held not to be passed
    (V, 7035).

      In the 95th Congress, both the House and Senate agreed by a majority
    vote to House Joint Resolution 638, extending the time period for
    ratification by the States of the Equal Rights Amendment, where House
    Joint Resolution 208 of the 92d Congress, proposing the amendment, had
    provided for a seven-year ratification period. The House determined in
    the 95th Congress, by laying on the table by a record vote a privileged
    resolution asserting that a vote of two-thirds of the Members present
    and voting was required to pass a joint resolution extending the
    ratification period for a constitutional amendment already submitted to
    the States, that only a majority vote was required on H.J. Res. 638
    (Speaker O'Neill, Aug. 15, 1978, p. 26203).

    [[Page 80]]

    the power to rescind a prior ratification of a proposed constitutional
    amendment, see Idaho v. Freeman, 529 F.Supp. 1107 (D.C.D. Idaho, 1981),
    judgment stayed sub nom. National Organization of Women v. Idaho, 455
    U.S. 918 (1982), vacated and remanded to dismiss, 459 U.S. 809 (1982).
      The joint resolution extending the ratification period for the Equal
    Rights Amendment was delivered to the President, who signed it although
    expressing doubt as to the necessity for his doing so (Presidential
    Documents, Oct. 19, 1978). When sent to the Archivist, the joint
    resolution was not assigned a public law number, but the Archivist
    notified the States of the action of the Congress in extending the
    ratification period. For a judicial decision voiding this extension as
    well as declaring that a State does have

      The yeas and nays are not required to pass a joint resolution
    proposing to amend the Constitution (V, 7038-7039; VIII, 3506).

      Question has arisen as to the power of a State to recall its assent to
    a constitutional amendment (V, 7042; footnotes to Sec. Sec. 225, 234,
    infra) but has not been the subject of a final judicial determination.

    Sec. 193. Decisions of the Court.

      Decisions  of the Supreme
    Court of the United States: National Prohibition Cases, 253 U.S. 350
    (1920); Hawke v. Smith, 253 U.S. 221 (1920); Dillon v. Gloss, 256 U.S.
    368 (1921); Leser v. Garnett, 258 U.S. 130 (1922); Coleman v. Miller,
    307 U.S. 433 (1939); Chandler v. Wise, 307 U.S. 474 (1939).

                                   ARTICLE VI.

    Sec. 194. Validity of debts and engagements.

      \1\ All  Debts
    contracted and Engagements entered into, before the Adoption of this
    Constitution, shall be as valid against the United States under this
    Constitution, as under the Confederation.

    Sec. 195. Constitution, laws, and treaties the
    supreme law of the land.

      \2\ This  Constitution, and the Laws of the United
    States which shall be made in Pursuance thereof; and all Treaties made,
    or which shall be made, under the Authority of the United States, shall
    be the supreme Law of the Land; and the Judges in every State shall be
    bound thereby, any Thing in the Constitution or Laws of any State to the
    Contrary notwithstanding.

    [[Page 81]]

    shall ever be required as a Qualification to any Office or public Trust
    under the United States.

    Sec. 196. Oaths of public officers; and prohibition of
    religious tests.

      \3\ The  Senators and Representatives before mentioned, and
    the Members of the several State Legislatures, and all executive and
    judicial Officers, both of the United States and of the several States,
    shall be bound by Oath or Affirmation, to support this Constitution; but
    no religious Test

    Sec. 197. Form of oath.

      The  form of the oath is prescribed
    by statute (5 U.S.C. 3331; I, 128): ``I, AB, do solemnly swear (or
    affirm) that I will support and defend the Constitution of the United
    States against all enemies, foreign and domestic; that I will bear true
    faith and allegiance to the same; that I take this obligation freely,
    without any mental reservation or purpose of evasion, and that I will
    well and faithfully discharge the duties of the office on which I am
    about to enter. So help me God.''

    Sec. 198. Administration of oath at organization.

      The  Act of
    June 1, 1789 (2 U.S.C. 25), provides that on the organization of the
    House and previous to entering on any other business the oath shall be
    administered by any Member (generally the Member with longest continuous
    service) (I, 131; VI, 6) to the Speaker and by the Speaker to the other
    Members and Clerk (I, 130). The Act, has at times been considered in the
    House as directory merely (I, 118, 242, 243, 245; VI, 6); but at other
    times has been observed carefully (I, 118, 140). The Act was cited by
    the Clerk in recognizing for nominations for Speaker as being of higher
    constitutional privilege than a resolution to postpone the election of a
    Speaker and instead provide for the election of a Speaker pro tempore
    pending the disposition of certain ethics charges against the nominee of
    the majority party (Jan. 7, 1997, p. ----).

      Previously it was the custom to administer the oath by State
    delegations, but beginning with the 71st Congress Members-elect have
    been sworn in en masse (VI, 8). The Clerk supplies printed copies of the
    oath to Members and Delegates who have taken the oath in accordance with
    law, which shall be subscribed by the Members and Delegates and
    delivered to the Clerk to be recorded in the Journal and Congressional
    Record as conclusive proof of the fact that the signer duly took the
    oath in accordance with law (2 U.S.C. 25). See Deschler's Precedents,
    vol. 1, ch. 2. The Speaker has requested that guests in the gallery rise
    with the Members during the administration of the oath of office to a
    Member-elect (Nov. 12, 1991, p. 31255).

    [[Page 82]]

    Speaker a Member-elect waited until the Speaker should be present (I,
    179), but in 1920 a Speaker pro tempore whose designation by the Speaker
    had been approved by the House, administered the oath to a Member (VI,
    20). The House may authorize the Speaker to administer the oath to a
    Member away from the House (I, 169), or may, in such a case, authorize
    another than the Speaker to administer the oath (I, 170; VI, 14). For
    forms used in this procedure see (VI, 14).

    Sec. 199. Functions of the Speaker in administering the
    oath.

      The  Speaker possesses no arbitrary power in the administration of
    the oath (I, 134), and when objection is made the question must be
    decided by the House and not by the Chair (I, 519, 520). An objection
    prevents the Speaker from administering the oath of his own authority,
    even though the credentials be regular in form (I, 135-138). The Speaker
    has frequently declined to administer the oath in cases wherein the
    House has, by its action, indicated that he should not do so (I, 139,
    140). And in case of doubt he has waited the instruction of the House
    (I, 396; VI, 11). There has been discussion as to the competency of a
    Speaker pro tempore to administer the oath (I, 170), and in the absence
    of the

    Sec. 200. Administration of the oath as related
    to the quorum.

      Members-elect  have been sworn at the beginning of a second session
    before the ascertainment of a quorum (I, 176-178), but when the Clerk
    called the second session of the 87th Congress to order, Members-elect
    were not sworn prior to ascertainment of a quorum and election of
    Speaker McCormack to succeed Speaker Rayburn, who had died during the
    sine die adjournment (Jan. 10, 1962, p. 5). Members-elect have also been
    sworn where a roll call or other ascertainment has shown the absence of
    a quorum (I, 178, 181, 182; VI, 21) but in one instance, however, the
    Speaker declined to administer the oath under such circumstances (II,
    875).

    Sec. 201. Privilege of administration of the
    oath.

      A  proposition to administer the oath to a Member is a matter of
    high privilege (VI, 14), and the oath has been administered during a
    call of the roll on a motion to agree to rules at the time of
    organization (I, 173; VI, 22), before the reading of the Journal (I,
    172), in the absence of a quorum (VI, 22), on Calendar Wednesday (VI,
    22), before a pending motion to amend the Journal (I, 171), and after
    the previous question has been ordered on a bill reported back to the
    House from the Committee of the Whole (Oct. 3, 1969, p. 28487). A
    division being demanded on a resolution for seating several claimants,
    the oath may be administered to each as soon as his case is decided (I,
    623). Where a Member-elect whose right to a seat has been determined by
    the House presents himself to take the oath, his right to be sworn is
    complete and cannot be deferred even by a motion to adjourn (I, 622),
    but the Speaker has entertained the motion to adjourn after adoption of
    a seating resolution but before the Member-elect was present in the
    Chamber to take the oath (May 1, 1985, p. 10019).

    [[Page 83]]

    Sec. 202. Challenge of the right to take the oath.

      The  right
    of a Member-elect to take the oath is sometimes challenged and the
    Speaker requests the Member-elect to stand aside temporarily (VI, 9-11,
    174; VIII, 3386). This usually occurs at the time of organization of the
    House. The challenge proceeds from some Member, but the fact that he has
    not yet taken the oath himself does not debar him from making the
    challenge (I, 141). The Member challenging does so on his responsibility
    as a Member or on the strength of documents (I, 448) or on both (I, 443,
    474). And where an objection was sustained neither by affidavit nor on
    the responsibility of the Member objecting, the House declined to
    entertain it (I, 455).

    Sec. 203. Consideration of an objection to the taking of
    the oath.

      It  has been held, although not uniformly, that in cases where
    the right of a Member-elect to take the oath is challenged, the Speaker
    may direct the Member to stand aside temporarily (I, 143-146, 474; VI,
    9, 174; VIII, 3386). The Member so challenged is not thereby deprived of
    any right (I, 155). Similarly, the seating of a Member-elect does not
    prejudice a pending contest, brought under the Federal Contested
    Elections Act (2 U.S.C. 381-396), over final right to the seat (Jan. 7,
    1997, p. ----). When several are challenged and stand aside the question
    is first taken on the Member-elect first required to stand aside (I,
    147, 148). In 1861 it was held that the House might direct contested
    names to be passed over until the other Members-elect had been sworn in
    (I, 154). Motions and debate are in order on the questions involved in a
    challenge, and in a few cases other business has intervened by unanimous
    consent (I, 149, 150). By unanimous consent the consideration of a
    challenge is sometimes deferred until after the completion of the
    organization (I, 474), and by unanimous consent also the House has
    sometimes proceeded to legislative business pending consideration of the
    right of a Member to be sworn (I, 151-152).

    [[Page 84]]

    Sec. 204. Relation of credentials to the right to
    take the oath.

      Although  the House has emphasized the impropriety of swearing-in
    a Member without credentials (I, 162-168), yet it has been done in cases
    wherein the credentials are delayed or lost and there is no doubt of the
    election (I, 85, 176-178; VI, 12, 13), or where the governor of a State
    has declined to give credentials to a person whose election was
    undoubted and uncontested (I, 553). A certificate of election in due
    form having been filed, the Clerk placed the name of the Member-elect on
    the roll, although he was subsequently advised that a State Supreme
    Court had issued a writ restraining the Secretary of State from issuing
    such certificate (Jan. 3, 1949, p. 8). Where the prima facie right is
    contested the Speaker declines to administer the oath (I, 550), but the
    House admits on his prima facie showing and without regard to final
    right a Member-elect from a recognized constituency whose credentials
    are in due form and whose qualifications are unquestioned (I, 528-534).
    If the status of the constituency is in doubt, the House usually defers
    the oath (I, 361, 386, 448, 461). In the 99th Congress, the House
    declined to give prima facie effect to a certificate of election, the
    results of the election being in doubt, and referred the issue of
    initial as well as final right to the Committee on House Administration
    (H. Res. 1, Jan. 3, 1985, pp. 380-87). After a recount of the votes was
    conducted by that committee, the House on its recommendation declared
    the candidate without the certificate entitled to the seat (H. Res. 146,
    May 1, 1985, p. 9998). The House also may defer the oath when a question
    of qualifications arises (I, 474), but it may investigate qualifications
    after the oath is taken (I, 156-159, 420, 462, 481), and after
    investigation unseat the Member by majority vote (I, 428).

    Sec. 205. Sanity and loyalty as related to the
    oath.

      Questions  of sanity (I, 441) and loyalty (I, 448) seem to pertain to the
    competency to take the oath rather than to the question of
    qualifications, although there has been not a little debate on this
    subject (I, 479). In one case a Member-elect who had not taken the oath,
    was excluded from the House because of disloyalty, where the resolution
    of exclusion and the committee report thereon concluded that he was
    ineligible to take a seat as a Representative under the express
    provisions of section 3 of the 14th amendment (VI, 56-59). This action
    by the House was cited in the Supreme Court decision of Powell v.
    McCormack (395 U.S. 486, 545 fn. 83) which denied the power of the House
    to exclude Members-elect by a majority vote for other than failure to
    meet the express qualifications stated in the Constitution. In Bond v.
    Floyd, 385 U.S. 116 (1966), the Supreme Court held that the exclusion by
    a State legislature of a member-elect of that body was unconstitutional,
    where the legislature had asserted the power to judge the sincerity with
    which the Member-elect could take the oath to support the Constitution
    of the United States. In the 97th Congress, the House declared vacant a
    seat where the Member-elect was unable to take the oath because of
    illness, where the medical prognosis showed no likelihood of improvement
    to permit the Member-elect to take the oath or assume the duties of a
    Representative (H. Res. 80, Feb. 24, 1981, pp. 2916-18).

    Sec. 206. Decisions of the Court.

      Decisions  of the Supreme
    Court of the United States: McCulloch v. Maryland, 17 U.S. (4 Wheat.)
    316 (1819); Ex parte Garland, 71 U.S. (4 Wall.) 333 (1867); Davis v.
    Beason, 133 U.S. 333 (1890); Mormon Church  v. United States, 136 U.S. 1
    (1890).

                                  ARTICLE VII.

    Done in Convention by the Unanimous Consent of the States present the

    Sec. 207. Ratification of the Constitution.

      The  Ratification
    of the Conventions of nine States, shall be sufficient for the
    Establishment of this Constitution between the States so ratifying the
    Same.

        Seventeenth Day of September in the Year of our Lord one thousand

        seven hundred and Eighty seven and of the Independence of the United

    [[Page 85]]

        States of

        America the Twelfth In Witness whereof We have hereunto subscribed

        our Names,

                             Go WASHINGTON--Presidt.

                                                   and Deputy from Virginia.

        [Signed also by the deputies of twelve States.]

    John Langdon,                        Nicholas Gilman.

                                 New Hampshire.

    Nathaniel Gorham,                    Rufus King.

                                 Massachusetts.

    Wm. Saml. Johnson,                   Roger Sherman.

                                  Connecticut.

    Alexander Hamilton.

                                    New York.

    Wil: Livingston,                     Wm. Paterson,

    David Brearley,                      Jona: Dayton.

                                   New Jersey.

    B Franklin,                          Thomas Mifflin,

    RobT. Morris,             Geo. Clymer,

    Thos. FitzSimons,                    Jared Ingersoll,

    James Wilson,                        Gouv Morris.

                                  Pennsylvania.

    Geo. Read,                           Gunning Bedford jun,

    John Dickinson,                      Richard Bassett.

    Jaco Broom,

                                    Delaware.

    James McHenry,                       Dan of ST Thos. Jenifer.

    Danl Carroll,

                                    Maryland.

    John Blair,                          James Madison Jr.

    [[Page 86]]

                                    Virginia.

    Wm. Blount,                          Rich'D. Dobbs Spaight.

    Hu Williamson,

                                 North Carolina.

    J. Rutledge,                         Charles Cotesworth Pinckney,

    Charles Pinckney,                    Pierce Butler.

                                 South Carolina.

    William Few,                         Abr Baldwin.

                                    Georgia.

    [[Page 87]]

      Attest:                            William Jackson, Secretary.

       articles in addition to, and amendment of, the constitution of the

      united states of america, proposed by congress, and ratified by the

          several states pursuant to the fifth article of the original

                           constitution\1\
    ---------------------------------------------------------------------------

      \1\ The first 10 amendments to the Constitution of the
    United States were proposed to the legislatures of the several States by
    the First Congress on September 25, 1789 (this date and the date
    succeeding amendments were proposed is the date of final congressional
    action--signature by the presiding officer of the Senate--as is shown in
    the Senate Journals). They were ratified by the following States, on the
    dates shown, and the notifications by the governors thereof of
    ratification were communicated by the President to Congress: New Jersey,
    November 20, 1789; Maryland, December 19, 1789; North Carolina, December
    22, 1789; South Carolina, January 19, 1790; New Hampshire, January 25,
    1790; Delaware, January 28, 1790; New York, February 27, 1790;
    Pennsylvania, March 10, 1790; Rhode Island, June 7, 1790; Vermont,
    November 3, 1791; and Virginia, December 15, 1791. Ratification was
    completed on December 15, 1791. The amendments were subsequently
    ratified by Massachusetts, March 2, 1939; Georgia, March 18, 1939; and
    Connecticut, April 19, 1939.

                                  AMENDMENT I.

    Sec. 208. Freedom of religion, of speech, and of
    peaceable assembly.

      Congress  shall make no law respecting an establishment of
    religion, or prohibiting the free exercise thereof; or abridging the
    freedom of speech, or of the press; or the right of the people peaceably
    to assemble, and to petition the Government for a redress of grievances.

                                  AMENDMENT II.

    [[Page 88]]

    Sec. 209. The right to bear arms.

      A  well regulated Militia
    being necessary to the security of a free State, the right of the people
    to keep and bear arms, shall not be infringed.

                                 AMENDMENT III.

    Sec. 210. Quartering of soldiers in houses.

      No  soldier
    shall, in time of peace be quartered in any house, without the consent
    of the Owner, nor in time of war, but in a manner to be prescribed by
    law.

                                  AMENDMENT IV.

    Sec. 211. Security from unreasonable searches and
    seizures.

      The  right of the people to be secure in their persons, houses,
    papers, and effects, against unreasonable searches and seizures, shall
    not be violated, and no Warrants shall issue, but upon probable cause,
    supported by Oath or affirmation, and particularly describing the place
    to be searched, and the persons or things to be seized.

                                  AMENDMENT V.

    [[Page 89]]

    Sec. 212. Security as to accusations, trials, and
    property.

      No  person shall be held to answer for a capital, or otherwise
    infamous crime, unless on a presentment or indictment of a Grand Jury,
    except in cases arising in the land or naval forces, or in the Militia,
    when in actual service in time of War or public danger; nor shall any
    person be subject for the same offence to be twice put in jeopardy of
    life or limb; nor shall be compelled in any Criminal Case to be a
    witness against himself; nor be deprived of life, liberty, or property,
    without due process of law; nor shall private property be taken for
    public use, without just compensation.

                                  AMENDMENT VI.

    Sec. 213. Right to trial by jury and to confront witnesses
    and secure testimony.

      In  all criminal prosecutions, the accused shall
    enjoy the right to a speedy and public trial, by an impartial jury of
    the State and district wherein the crime shall have been committed,
    which district shall have been previously ascertained by law, and to be
    informed of the nature and cause of the accusation; to be confronted
    with the witnesses against him; to have compulsory process for obtaining
    witnesses in his favor, and to have the Assistance of Counsel for his
    defence.

                                 AMENDMENT VII.

    Sec. 214. Jury trial in suits at common law.

      In  suits at
    common law, where the value in Controversy shall exceed twenty dollars,
    the right of trial by jury shall be preserved, and no fact tried by a
    jury shall be otherwise re-examined in any Court of the United States,
    than according to the rules of the common law.

    <>   Excessive bail shall not be required, nor excessive
    fines imposed, nor cruel and unusual punishments inflicted.

    [[Page 90]]

                                 AMENDMENT VIII.

    <>   The enumeration in
    the Constitution, of certain rights, shall not be
    construed to deny or disparage others retained by the people.

                                  AMENDMENT IX.

                                  AMENDMENT X.

    Sec. 217. Powers reserved to the States.

      The  powers not
    delegated to the United States by the Constitution, nor prohibited by it
    to the States, are reserved to the States respectively, or to the
    people.

                           AMENDMENT XI.\2\

    Sec. 218. Extent of the judicial power

      The  Judicial power of
    the United States shall not be construed to extend to any suit in law or
    equity, commenced or prosecuted against one of the United States by
    Citizens of another State, or by Citizens or Subjects of any Foreign
    State.
    ---------------------------------------------------------------------------

    ---------------------------------------------------------------------------

    [[Page 91]]

      \2\ The 11th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    Third Congress on March 11, 1794; and was declared in a message from the
    President to Congress dated the 8th of January, 1798, to have been
    ratified by the legislatures of three-fourths of the States. The dates
    of ratification were: New York, March 27, 1794; Rhode Island, March 31,
    1794; Connecticut, May 8, 1794; New Hampshire, June 16, 1794;
    Massachusetts, June 26, 1794; Vermont, October 28, 1794; Virginia,
    November 18, 1794; Georgia, November 29, 1794; Kentucky, December 7,
    1794; Maryland, December 26, 1794; Delaware, January 23, 1795; and North
    Carolina, February 7, 1795. Ratification was completed on February 7,
    1795. The amendment was subsequently ratified by South Carolina on
    December 4, 1797. New Jersey and Pennsylvania did not take action on the
    amendment.

                          AMENDMENT XII.\3\

    Sec. 219. Meeting of the electors and transmission and
    count of their votes.

      The  Electors shall meet in their respective states,
    and vote by ballot for President and Vice-President, one of whom, at
    least, shall not be an inhabitant of the same state with themselves;
    they shall name in their ballots the person voted for as President, and
    in distinct ballots the person voted for as Vice-President, and they
    shall make distinct lists of all persons voted for as President, and of
    all persons voted for as Vice-President, and the number of votes for
    each, which lists they shall sign and certify, and transmit sealed to
    the seat of the government of the United States, directed to the
    President of the Senate;--The President of the Senate shall, in presence
    of the Senate and House of Representatives, open all the certificates
    and the votes shall then be counted;-- * * *
    ---------------------------------------------------------------------------

    [[Page 92]]

    ---------------------------------------------------------------------------
      \3\ The 12th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    Eighth Congress on December 12, 1803, in lieu of the original third
    paragraph of the first section of the second article, and was declared
    in a proclamation of the Secretary of State, dated the 25th of
    September, 1804, to have been ratified by the legislatures of three-
    fourths of the States. The dates of ratification were: North Carolina,
    December 21, 1803; Maryland, December 24, 1803; Kentucky, December 27,
    1803; Ohio, December 30, 1803; Virginia, December 31, 1803;
    Pennsylvania, January 5, 1804; Vermont, January 30, 1804; New York,
    February 10, 1804; New Jersey, February 22, 1804; Rhode Island, March
    12, 1804; South Carolina, May 15, 1804; Georgia, May 19, 1804; New
    Hampshire, June 15, 1804. Ratification was completed on June 15, 1804.
    The amendment was subsequently ratified by Tennessee on July 27, 1804.
    The amendment was rejected by Delaware, January 18, 1804; Massachusetts,
    February 3, 1804; and by Connecticut at its session begun May 10, 1804.

    Sec. 220. The electoral count.

      The  electoral count occurs in
    a joint session of the two Houses in the Hall of the House (III, 1819)
    at 1 p.m. on the sixth day of January succeeding every meeting of
    electors (3 U.S.C. 15). The Vice President, as President of the Senate
    (or the President pro tempore in the Vice President's absence), presides
    over the joint session (3 U.S.C. 15). The date of the count has been
    changed by law as follows: (1) the 1957 count was changed to Monday,
    January 7 (P.L. 84-436); (2) the 1985 count was changed to Monday,
    January 7 (P.L. 98-456); (3) the 1989 count was changed to Wednesday,
    January 4 (P.L. 100-646); and (4) the 1997 count was changed to
    Thursday, January 9 (P.L. 104-296).

      Sections 15-18 of title 3 of the United States Code prescribe in
    detail the procedure for the count. Nevertheless, the two Houses
    traditionally adopt a concurrent resolution providing for the meeting in
    joint session to count the vote, for the appointment of tellers, and for
    the declaration of the state of the vote (III, 1961; Deschler's
    Precedents, vol. 3, ch. 10, sec. 2.1). Under the law governing the
    proceedings, the two Houses divide to consider an objection to the
    counting of any electoral vote or ``other question arising in the
    matter'' (3 U.S.C. 15-18; Jan. 6, 1969, pp. 145-47; Jan. 6, 2001, p. --
    --), but only when in writing and signed by both a Member and a Senator
    (Jan. 6, 2001, p. ----). Examples of an ``other question arising in the
    matter'' include: (1) an objection for lack of a quorum (Jan. 6, 2001,
    p. ----); (2) a motion that either House withdraw from the joint session
    (Jan. 6, 2001, p. ----); and (3) an appeal from a ruling by the
    presiding officer (Jan. 6, 2001, p. ----). Such questions are not
    debatable in the joint session (3 U.S.C. 18; Jan. 6, 2001, p. ----).
    When the two Houses have divided, a motion in the House to lay the
    objection on the table is not in order (Jan. 6, 1969; pp. 169-72). A
    Vice President-elect, as Speaker of the House, has participated in the
    ceremonies (VI, 446). See Deschler's Precedents, vol. 3, ch. 10 for
    further discussion. When addressing a controvery over the election of
    President and Vice President in the state of Florida, the Supreme Court
    indicated its view of a section of the statute (3 U.S.C. 5) addressing a
    determination of controversy as to the appointment of electors (Bush v
    Palm Beach County Canvassing Bd. (531 U.S. ---- (2000)). Ultimately, the
    Supreme Court found that the Florida Supreme Court violated the Equal
    Protection Clause of the 14th amendment by ordering certain counties to
    conduct manual recounts of the votes for President and Vice President
    without establishing standards for those recounts (Bush v Gore (531 U.S.
    ---- (2000)).

    [[Page 93]]

    have such majority, then from the persons having the highest numbers not
    exceeding three on the list of those voted for as President, the House
    of Representatives shall choose immediately, by ballot, the President.
    But in choosing the President, the votes shall be taken by states, the
    representation from each state having one vote; a quorum for this
    purpose shall consist of a member or members from two-thirds of the
    states, and a majority of all the states shall be necessary to a choice.
    And if the House of Representatives shall not choose a President
    whenever the right of choice shall devolve upon them, before the fourth
    day of March next following, then the Vice-President shall act as
    President, as in the case of the death or other constitutional
    disability of the President. The person having the greatest number of
    votes as Vice-President, shall be the Vice-President, if such number be
    a majority of the whole number of Electors appointed, and if no person
    have a majority, then from the two highest numbers on the list, the
    Senate shall choose the Vice-President; a quorum for the purpose shall
    consist of two-thirds of the whole number of Senators, and a majority of
    the whole number shall be necessary to a choice. But no person
    constitutionally ineligible to the office of President shall be eligible
    to that of Vice-President of the United States.

    [[Page 94]]

    Sec. 221. Elections of President and Vice President
    by the House and Senate in certain cases.

      * * * The  person having the greatest
    number of votes for President, shall be the President, if such number be
    a majority of the whole number of Electors appointed; and if no person

    Sec. 222. History of original provision for failure of
    electoral college to choose.

      The  20th amendment to the Constitution has
    clarified some of the provisions of the 12th amendment. In 1801 (III,
    1983), the House of Representatives chose a President under article II,
    section 1, clause 3 (see Sec. 152a, supra), the constitutional provision
    superseded by the 12th amendment.

    Sec. 223. Occasions of election by House and Senate after
    1803.

      In  1825 the House elected a President under the 12th amendment
    (III, 1985); and in 1837 the Senate elected a Vice President (III,
    1941).

                          AMENDMENT XIII.\4\

    [[Page 95]]

    exist within the United States, or any place subject to their
    jurisdiction.
    ---------------------------------------------------------------------------

    Sec. 224. Prohibition of slavery and involuntary
    servitude.

      Section 1.  Neither slavery nor involuntary servitude, except as a
    punishment for crime whereof the party shall have been duly convicted,
    shall

      \4\ The 13th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    38th Congress, on February 1, 1865, and was declared, in a proclamation
    of the Secretary of State, dated the 18th of December 1865, to have been
    ratified by the legislatures of 27 of the 36 States. The dates of
    ratification were: Illinois, February 1, 1865; Rhode Island, February 2,
    1865; Michigan, February 2, 1865; Maryland, February 3, 1865; New York,
    February 3, 1865; Pennsylvania, February 3, 1865; West Virginia,
    February 3, 1865; Missouri, February 6, 1865; Maine, February 7, 1865;
    Kansas, February 7, 1865; Massachusetts, February 7, 1865; Virginia,
    February 9, 1865; Ohio, February 16, 1865; Indiana, February 13, 1865;
    Nevada, February 16, 1865; Louisiana, February 17, 1865; Minnesota,
    February 23, 1865; Wisconsin, February 24, 1865; Vermont, March 9, 1865;
    Tennessee, April 7, 1865; Arkansas, April 14, 1865; Connecticut, May 4,
    1865; New Hampshire, July 1, 1865; South Carolina, November 13, 1865;
    Alabama, December 2, 1865; North Carolina, December 4, 1865; and
    Georgia, December 6, 1865. Ratification was completed on December 6,
    1865. The amendment was subsequently ratified by Oregon, December 8,
    1865; California, December 19, 1865; Florida, December 28, 1865 (Florida
    again ratified on June 9, 1868, upon its adoption of a new
    constitution); Iowa, January 15, 1866; New Jersey, January 23, 1866
    (after having rejected the amendment on March 16, 1865); Texas, February
    18, 1870; Delaware, February 12, 1901 (after having rejected the
    amendment on February 8, 1865); Kentucky, March 30, 1976 (after hearing
    rejected the amendment on February 24, 1865). The amendment was rejected
    by Mississippi, December 4, 1865.
    ---------------------------------------------------------------------------

      Section 2. Congress shall have power to enforce this article by
    appropriate legislation.

                          AMENDMENT XIV.\5\

    [[Page 96]]

    State wherein they reside. No State shall make or enforce any law which
    shall abridge the privileges or immunities of citizens of the United
    States; nor shall any State deprive any person of life, liberty, or
    property, without due process of law; nor deny to any person within its
    jurisdiction the equal protection of the laws.
    ---------------------------------------------------------------------------

    Sec. 225. Citizenship security and
    equal protection of citizens.

      Section 1. All  persons born or naturalized in the
    United States, and subject to the jurisdiction thereof, are citizens of
    the United States and of the

      \5\ The 14th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    39th Congress, on June 15, 1866. On July 20, 1868, the Secretary of
    State issued a proclamation that the 14th amendment was a part of the
    Constitution if withdrawals of ratification were ineffective. On July
    21, 1868, Congress adopted and transmitted to the Department of State a
    concurrent resolution declaring that ``the legislatures of the States of
    Connecticut, Tennessee, New Jersey, Oregon, Vermont, New York, Ohio,
    Illinois, West Virginia, Kansas, Maine, Nevada, Missouri, Indiana,
    Minnesota, New Hampshire, Massachusetts, Nebraska, Iowa, Arkansas,
    Florida, North Carolina, Alabama, South Carolina, and Louisiana, being
    three-fourths and more of the several States of the Union, have ratified
    the fourteenth article of amendment to the Constitution of the United
    States, duly proposed by two-thirds of each House of the Thirty-ninth
    Congress: Therefore Resolved, That said fourteenth article is hereby
    declared to be a part of the Constitution of the United States, and it
    shall be duly promulgated as such by the Secretary of State.'' The
    Secretary of State accordingly issued a proclamation, dated July 28,
    1868, declaring that the proposed 14th amendment had been ratified, in
    the manner hereafter mentioned, by the legislatures of 28 States. The
    dates of ratification were: Connecticut, June 30, 1866; New Hampshire,
    July 6, 1866; Tennessee, July 18, 1866; New Jersey, September 11, 1866
    (subsequently, on February 20, 1868, the legislature rescinded its
    ratification, and on March 24, 1868, readopted its resolution of
    rescission over the Governor's veto); Oregon, September 19, 1866; New
    York, January 10, 1867; Ohio, January 11, 1867 (subsequently rescinded
    its ratification on January 13, 1868); Illinois, January 15, 1867; West
    Virginia, January 16, 1867; Michigan, January 16, 1867; Minnesota,
    January 16, 1867; Kansas, January 17, 1867; Maine, January 19, 1867;
    Nevada, January 22, 1867; Indiana, January 23, 1867; Missouri, January
    25, 1867; Pennsylvania, February 6, 1867; Rhode Island, February 7,
    1867; Wisconsin, February 13, 1867; Massachusetts, March 20, 1867;
    Nebraska, June 15, 1867; Iowa, March 16, 1868; Arkansas, April 6, 1868;
    Florida, June 9, 1868; North Carolina, July 4, 1868 (after having
    rejected the amendment December 14, 1866); Louisiana, July 9, 1868
    (after having rejected the amendment February 6, 1867); South Carolina,
    July 9, 1868 (after having rejected the amendment December 20, 1866).
    Ratification was completed on July 9, 1868. The amendment was
    subsequently ratified by Alabama, July 13, 1868; Georgia, July 21, 1868
    (after having rejected it on November 9, 1866); Virginia, October 8,
    1869 (after having rejected it on January 9, 1867); Mississippi, January
    17, 1870; Texas, February 18, 1870 (after having rejected it on October
    27, 1866); Delaware, February 12, 1901 (after having rejected it on
    February 8, 1867); Maryland, April 4, 1959 (after having rejected it on
    March 23, 1867); California, May 6, 1959; Kentucky, March 30, 1976
    (after having rejected it on January 10, 1867).
    ---------------------------------------------------------------------------

    [[Page 97]]

    in the proportion which the number of such male citizens shall bear to
    ---------------------------------------------------------------------------
    the whole number of male citizens twenty-one years of age in such State.

    Sec. 226. Apportionment of
    representation.

      Section 2.  Representatives shall be apportioned among the several
    States according to their respective numbers, counting the whole number
    of persons in each State, excluding Indians not taxed. But when the
    right to vote at any election for the choice of electors for President
    and Vice President of the United States, Representatives in Congress,
    the Executive and Judicial officers of a State, or the members of the
    Legislature thereof, is denied to any of the male inhabitants of such
    State, being twenty-one years of age, and citizens of the United States,
    or in any way abridged, except for participation in rebellion, or other
    crime, the basis of representation therein shall be reduced

    Sec. 227. Law governing the establishment of
    districts.

      There  has been a readjustment of House representation each 10
    years except during the period 1911 to 1929 (VI, 41, footnote). From
    March 4, 1913, permanent House membership has remained fixed at 435 (VI,
    40, 41; 37 Stat. 13). Upon admission of Alaska and Hawaii to statehood,
    total membership was temporarily increased to 437 until the next
    reapportionment (72 Stat. 339, 345; 73 Stat. 8). Congress has by law
    provided for automatic apportionment of the 435 Representatives among
    the States according to each census including and after that of 1950 (2
    U.S.C. 2a). The Apportionment Act formerly provided that the districts
    in a State were to be composed of contiguous and compact territory
    containing as nearly as practicable an equal number of inhabitants (I,
    303; VI, 44); but subsequent apportionment Acts, those of 1929 (46 Stat.
    26) and 1941 (55 Stat. 761), omitted such provisions (see Wood v. Broom,
    287 U.S. 1 (1932)). Congress has by law provided that for the 91st and
    subsequent Congresses each State entitled to more than one
    Representative shall establish a number of districts equal to the number
    of such Representatives, and that Representatives shall be elected only
    from the single-Member districts so established. (Hawaii and New Mexico
    were excepted from the operation of this statute for the elections to
    the 91st Congress by Public Law 90-196; see 2 U.S.C. 2c). After any
    apportionment, until a State is redistricted in a manner provided by its
    own law and in compliance with the congressional mandate, the question
    of whether its Representatives shall be elected by districts, at large,
    or by a combination of both, is determined by the Apportionment Act of
    1941 (2 U.S.C. 2a). See Deschler's Precedents, vol. 2, ch. 8 for
    apportionment and districting.

    Sec. 228. Questions as to elections.

      The  House has always
    seated Members elected at large in the States, although the law required
    election by districts (I, 310, 519). Questions have arisen from time to
    time when a vacancy has occurred soon after a change in districts, with
    the resulting question whether the vacancy should be filled by election
    in the old or new district (I, 311, 312, 327). The House has declined to
    interfere with the act of a State in changing the boundaries of a
    district after the apportionment has been made (I, 313).

    [[Page 98]]

      The Attorney General has stated that all Indians are subject to
    taxation. 39 Op. Att'y Gen. 518 (1940).

    Sec. 229. Requirement that districts be equally
    populated.

      The Supreme  Court has ruled that congressional districts must be as
    equally populated as practicable. Wesberry v. Sanders, 376 U.S. 1
    (1964); Kirkpatrick v. Preisler, 385 U.S. 450 (1967). The Court has made
    clear that variances in population among congressional districts within
    a State may be considered de minimis only if they cannot practicably be
    avoided. If such variances, no matter how mathematically miniscule,
    could have been reduced or eliminated by a good faith effort, then they
    may be justified only on the basis of a consistent, rational State
    policy. Karcher v. Daggett, 462 U.S. 725 (1983). The Court has also made
    evident that it will take judicial review of a claims that apportionment
    schemes lack consistent, rational bases. Davis v. Bandemer, 478 U.S. 109
    (1986) (holding political gerrymandering complaint justiciable under
    equal protection clause).

    -  Congress <> has by law removed generally the
    disabilities arising from the Civil War (30 Stat. L., p. 432). Soon
    after the war various questions arose under this section (I, 386, 393,
    455, 456). For disloyalty to the United States, for giving aid and
    comfort to a public enemy, for publication of expressions hostile to the
    Government a Member-elect was denied a seat in the House (VI, 56, 58).
    As to the meaning of the words ``aid or comfort'' as used in the 14th
    amendment (VI, 57).

    [[Page 99]]

    Sec. 230. Loyalty as a qualification of Senators
    and Representatives.

      Section 3.  No person shall be a Senator or Representative in
    Congress, or elector of President and Vice President, or hold any
    office, civil or military, under the United States, or under any State,
    who, having previously taken an oath, as a member of Congress, or as an
    officer of the United States, or as a member of any State legislature,
    or as an executive or judicial officer of any State, to support the
    Constitution of the United States, shall have engaged in insurrection or
    rebellion against the same, or given aid or comfort to the enemies
    thereof. But Congress may by a vote of two-thirds of each House, remove
    such disability.

    <>   Section 5. The
    Congress shall have power to enforce, by appropriate legislation, the
    provisions of this article.

    Sec. 232. Validity of the national debt, etc.

      Section 4.  The
    validity of the public debt of the United States, authorized by law,
    including debts incurred for payment of pensions and bounties for
    services in suppressing insurrection or rebellion, shall not be
    questioned. But neither the United States nor any State shall assume or
    pay any debt or obligation incurred in aid of insurrection or rebellion
    against the United States, or any claim for the loss or emancipation of
    any slave; but all such debts, obligations and claims shall be held
    illegal and void.

      Congress may legislate under this section to protect voting rights by
    pre-empting state qualifications for electors which are discriminatory
    (Katzenbach v. Morgan, 384 U.S. 641 (1966)), and may lower the voting
    age in Federal (but not State) elections (Oregon v. Mitchell, 400 U.S.
    112 (1970)).

                           AMENDMENT XV.\6\

    Sec. 234. Suffrage not to be abridged for race,
    color, etc.

      Section 1.  The right of citizens of the United States to vote shall
    not be denied or abridged by the United States or by any State on
    account of race, color, or previous condition of servitude.
    ---------------------------------------------------------------------------

    [[Page 100]]

      \6\ The 15th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    40th Congress on February 26, 1869, and was declared, in a proclamation
    of the Secretary of State, dated March 30, 1870, to have been ratified
    by the legislatures of 29 of the 37 States. The dates of these
    ratifications were: Nevada, March 1, 1869; West Virginia, March 3, 1869;
    North Carolina, March 5, 1869; Illinois, March 5, 1869; Louisiana, March
    5, 1869; Michigan, March 8, 1869; Wisconsin, March 9, 1869; Maine, March
    11, 1869; Massachusetts, March 12, 1869; Arkansas, March 15, 1869; South
    Carolina, March 15, 1869; Pennsylvania, March 25, 1869; New York, April
    14, 1869 (subsequently withdrew its consent to the ratification on
    January 5, 1870 but rescinded this action on March 30, 1970); Indiana,
    May 14, 1869; Connecticut, May 19, 1869; Florida, June 14, 1869; New
    Hampshire, July 1, 1869; Virginia, October 8, 1869; Vermont, October 20,
    1869; Alabama, November 16, 1869; Missouri, January 7, 1870 (Missouri
    had ratified the first section of the 15th amendment on March 1, 1869,
    but had failed to include in its ratification the second section of the
    amendment); Minnesota, January 13, 1870; Mississippi, January 17, 1870;
    Rhode Island, January 18, 1870; Kansas, January 19, 1870; Ohio, January
    27, 1870 (after having rejected the amendment April 30, 1869); Georgia,
    February 2, 1870; Iowa, February 3, 1870. Ratification was completed on
    February 3, 1870, unless the withdrawal of ratification by New York was
    effective; in which event ratification was completed on February 17,
    1870, when ratified by Nebraska. The amendment was subsequently ratified
    by Texas, February 18, 1870; New Jersey, February 15, 1871 (after having
    rejected it on February 7, 1870); Delaware, February 12, 1901 (after
    having rejected it on March 18, 1869); Oregon, February 24, 1959;
    California, April 3, 1962 (after having rejected it on January 28,
    1870); Maryland, May 7, 1973 (after having rejected it on February 4 and
    February 26, 1870); Kentucky, March 30, 1976 (after having rejected it
    on March 11 and March 12, 1869); and Tennessee, April 2, 1997, (after
    having rejected it on November 16, 1869).

      Section 2. The Congress shall have power to enforce this article by
    appropriate legislation.

                          AMENDMENT XVI.\7\

    [[Page 101]]

    tionment among the several States, and without regard to any census or
    enumeration.
    ---------------------------------------------------------------------------

    Sec. 235. Taxes on incomes.

      The  Congress shall have power to
    lay and collect taxes on incomes, from whatever source derived, without
    appor

      \7\ The 16th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    61st Congress on July 16, 1909, and was declared, in a proclamation of
    the Secretary of State dated February 25, 1913, to have been ratified by
    the legislatures of 36 of the 48 States. The dates of ratification were:
    Alabama, August 10, 1909; Kentucky, February 8, 1910; South Carolina,
    February 19, 1910; Illinois, March 1, 1910; Mississippi, March 7, 1910;
    Oklahoma, March 10, 1910; Maryland, April 8, 1910; Georgia, August 3,
    1910; Texas, August 16, 1910; Ohio, January 19, 1911; Idaho, January 20,
    1911; Oregon, January 23, 1911; Washington, January 26, 1911; Montana,
    January 30, 1911; Indiana, January 30, 1911; California, January 31,
    1911; Nevada, January 31, 1911; South Dakota, February 3, 1911;
    Nebraska, February 9, 1911; North Carolina, February 11, 1911; Colorado,
    February 15, 1911; North Dakota, February 17, 1911; Kansas, February 18,
    1911; Michigan, February 23, 1911; Iowa, February 24, 1911; Missouri,
    March 16, 1911; Maine, March 31, 1911; Tennessee, April 7, 1911;
    Arkansas, April 22, 1911 (after having rejected it at the session begun
    January 9, 1911); Wisconsin, May 26, 1911; New York, July 12, 1911;
    Arizona, April 6, 1912; Minnesota, June 11, 1912; Louisiana, June 28,
    1912; West Virginia, January 31, 1913; Delaware, February 3, 1913;
    Wyoming, February 3, 1913; New Mexico, February 3, 1913. Ratification
    was completed on February 3, 1913. The amendment was subsequently
    ratified by New Jersey, February 4, 1913; Vermont, February 19, 1913
    (after having rejected the amendment January 17, 1911); Massachusetts,
    March 4, 1913; New Hampshire, March 7, 1913 (after having rejected the
    amendment March 2, 1911). The amendment was rejected by Rhode Island,
    April 29, 1910; Utah, March 9, 1911; Connecticut, June 28, 1911; and
    Florida, May 31, 1913. Pennsylvania and Virginia did not complete
    action.
    ---------------------------------------------------------------------------

                          AMENDMENT XVII.\8\

                           (See Article I, Section 3.)

    [[Page 102]]

    shall have one vote. The electors in each State shall have the
    qualifications requisite for electors of the most numerous branch of the
    State legislatures.
    ---------------------------------------------------------------------------

    Sec. 236. Election of Senators by direct vote.

      The  Senate of
    the United States shall be composed of two Senators from each State,
    elected by the people thereof, for six years; and each Senator

      \8\ The 17th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the 62d
    Congress on May 15, 1912, and was declared, in a proclamation by the
    Secretary of State dated May 31, 1913, to have been ratified by the
    legislatures of 36 of the 48 States. The dates of ratification were:
    Massachusetts, May 22, 1912; Arizona, June 3, 1912; Minnesota, June 10,
    1912; New York, January 15, 1913; Kansas, January 17, 1913; Oregon,
    January 23, 1913; North Carolina, January 25, 1913; California, January
    28, 1913; Michigan, January 28, 1913; Iowa, January 30, 1913; Montana,
    January 30, 1913; Idaho, January 31, 1913; West Virginia, February 4,
    1913; Colorado, February 5, 1913; Nevada, February 6, 1913; Texas,
    February 7, 1913; Washington, February 7, 1913; Wyoming, February 8,
    1913; Arkansas, February 11, 1913; Maine, February 11, 1913; Illinois,
    February 13, 1913; North Dakota, February 14, 1913; Wisconsin, February
    18, 1913; Indiana, February 19, 1913; New Hampshire, February 19, 1913;
    Vermont, February 19, 1913; South Dakota, February 19, 1913; Oklahoma,
    February 24, 1913; Ohio, February 25, 1913; Missouri, March 7, 1913; New
    Mexico, March 13, 1913; Nebraska, March 14, 1913; New Jersey, March 17,
    1913; Tennessee, April 1, 1913; Pennsylvania, April 2, 1913;
    Connecticut, April 8, 1913. Ratification was completed on April 8, 1913.
    The amendment was subsequently ratified by Louisiana, June 11, 1914. The
    amendment was rejected by Utah, February 26, 1913; Delaware, March 18,
    1913. Alabama, Florida, Georgia, Rhode Island, and South Carolina did
    not complete action.
    ---------------------------------------------------------------------------

      When vacancies happen in the representation of any State in the
    Senate, the executive authority of such State shall issue writs of
    election to fill such vacancies: Provided, That the legislature of any
    State may empower the executive thereof to make temporary appointments
    until the people fill the vacancies by election as the legislature may
    direct.

      This amendment shall not be so construed as to affect the election or
    term of any Senator chosen before it becomes valid as part of the
    Constitution.

    Sec. 237. Filling vacancies in the Senate.

      Senator  Rebecca
    L. Felton, appointed during the recess of the Senate on October 3, 1922,
    to fill a vacancy, was the first woman to sit in the Senate (VI, 156).
    Senator Walter F. George was elected to fill the vacancy on Novem-
    ber 7, 1922. Mrs. Felton took the oath of office on November 21, 1922,
    and Senator George took the oath November 22, 1922 (VI, 156). Discussion
    as to the term of service of a Senator appointed by a State executive to
    fill a vacancy (VI, 156).

    [[Page 103]]

    Sec. 238. Qualifications of electors.

      The  right of an
    elector to vote for a Senator is fundamentally derived from the United
    States Constitution (United States v. Aczel 219 F.2d 917 (1915)) and may
    not be denied in a discriminatory fashion (Chapman v. King, 154 F.2d 460
    (1946), cert. denied, 327 U.S. 800 (1946); Forssenius v. Harman, 235 F.
    Supp. 66 (1964), affd., 380 U.S. 529 (1965)).

                         AMENDMENT XVIII.\9\

                  [See Amendment XXI, repealing this Amendment]

    Sec. 239. Prohibition of intoxicating
    liquors.

      Section 1.  [After one year from the ratification of this article the
    manufacture, sale, or transportation of intoxicating liquors within, the
    importation thereof into, or the exportation thereof from the United
    States and all territories subject to the jurisdiction thereof for
    beverage purposes is hereby prohibited.
    ---------------------------------------------------------------------------

      \9\ The 18th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    65th Congress on December 18, 1917, and was declared in a proclamation
    by the Secretary of State dated January 29, 1919, to have been ratified
    by the legislatures of 36 of the 48 States. The dates of these
    ratifications were: Mississippi, January 8, 1918; Virginia, January 11,
    1918; Kentucky, January 14, 1918; North Dakota, January 25, 1918; South
    Carolina, January 29, 1918; Maryland, February 13, 1918; Montana,
    February 19, 1918; Texas, March 4, 1918; Delaware, March 18, 1918; South
    Dakota, March 20, 1918; Massachusetts, April 2, 1918; Arizona, May 24,
    1918; Georgia, June 26, 1918; Louisiana, August 3, 1918; Florida,
    December 3, 1918; Michigan, January 2, 1919; Ohio, January 7, 1919;
    Oklahoma, January 7, 1919; Idaho, January 8, 1919; Maine, January 8,
    1919; West Virginia, January 9, 1919; California, January 13, 1919;
    Tennessee, January 13, 1919; Washington, January 13, 1919; Arkansas,
    January 14, 1919; Kansas, January 14, 1919; Alabama, January 15, 1919;
    Colorado, January 15, 1919; Iowa, January 15, 1919; New Hampshire,
    January 15, 1919; Oregon, January 15, 1919; Nebraska, January 16, 1919;
    North Carolina, January 16, 1919; Utah, January 16, 1919; Missouri,
    January 16, 1919; Wyoming, January 16, 1919. Ratification was completed
    on January 16, 1919. The amendment was subsequently ratified by
    Minnesota, January 17, 1919; Wisconsin, January 17, 1919; New Mexico,
    January 20, 1919; Nevada, January 21, 1919; New York, January 29, 1919;
    Vermont, January 29, 1919; Pennsylvania, February 25, 1919; Connecticut,
    May 6, 1919; and New Jersey, March 9, 1922. Rhode Island rejected the
    amendment.
    ---------------------------------------------------------------------------

    [[Page 104]]

      Section 2. The Congress and the several States shall have concurrent
    power to enforce this article by appropriate legislation.

      Section 3. This article shall be inoperative unless it shall have been
    ratified as an amendment to the Constitution by the legislatures of the
    several States, as provided in the Constitution, within seven years from
    the date of the submission hereof to the States by the Congress.]

                          AMENDMENT XIX.\10\

    Sec. 240. Womens suffrage.

      The  right of citizens
    of the United States to vote shall not be denied or abridged by the
    United States or by any State on account of sex.
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    ---------------------------------------------------------------------------

    [[Page 105]]

      \10\ The 19th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    66th Congress on June 5, 1919, and was declared in a proclamation by the
    Secretary of State dated August 26, 1920, to have been ratified by the
    legislatures of 36 of the 48 States. The dates of these ratifications
    were: Illinois, June 10, 1919 (and that State readopted its resolution
    of ratification June 17, 1919); Michigan, June 10, 1919; Wisconsin, June
    10, 1919; Kansas, June 16, 1919; New York, June 16, 1919; Ohio, June 16,
    1919; Pennsylvania, June 24, 1919; Massachusetts, June 25, 1919; Texas,
    June 28, 1919; Iowa, July 2, 1919; Missouri, July 3, 1919; Arkansas,
    July 28, 1919; Montana, August 2, 1919; Nebraska, August 2, 1919;
    Minnesota, September 8, 1919; New Hampshire, September 10, 1919; Utah,
    October 2, 1919; California, November 1, 1919; Maine, November 5, 1919;
    North Dakota, December 1, 1919; South Dakota, December 4, 1919;
    Colorado, December 15, 1919; Kentucky, January 6, 1920; Rhode Island,
    January 6, 1920; Oregon, January 13, 1920; Indiana, January 16, 1920;
    Wyoming, January 27, 1920; Nevada, February 7, 1920; New Jersey,
    February 9, 1920; Idaho, February 11, 1920; Arizona, February 12, 1920;
    New Mexico, February 21, 1920; Oklahoma, February 28, 1920; West
    Virginia, March 10, 1920; Washington, March 22, 1920; Tennessee, August
    28, 1920. Ratification was completed on August 28, 1920. The amendment
    was subsequently ratified by Connecticut, September 14, 1920 (and that
    State reaffirmed on September 21, 1920); Vermont, February 8, 1921;
    Delaware, March 6, 1923 (after having rejected the amendment on June 2,
    1920); Maryland, March 29, 1941 (after having rejected the amendment on
    February 24, 1920; ratification certified February 25, 1958); Virginia,
    February 21, 1952 (after having rejected the amendment February 12,
    1920); Alabama, September 8, 1953 (after having rejected the amendment
    September 22, 1919); Florida, May 13, 1969; South Carolina, July 1, 1969
    (after having rejected the amendment on January 28, 1920); Georgia,
    February 20, 1970 (after having rejected the amendment on July 24,
    1919); Louisiana, June 11, 1970 (after having rejected it on July 1,
    1920); North Carolina, May 6, 1971; Mississippi, March 22, 1984 (after
    having rejected the amendment on March 29, 1920).

      Congress shall have power to enforce this article by appropriate
    legislation.

                          AMENDMENT XX.\11\

    [[Page 106]]

    tives at noon on the 3d day of January, of the years in which such terms
    would have ended if this article had not been ratified; and the terms of
    their successors shall then begin.
    ---------------------------------------------------------------------------

    Sec. 241. Commencement of terms of Pres., Vice
    Pres., Senators, and Representatives.

      Section 1.  The terms of the President and
    Vice President shall end at noon on the 20th day of January, and the
    terms of Senators and Representa

      \11\ The 20th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the 72d
    Congress, on March 3, 1932, and was declared in a proclamation by the
    Secretary of State dated February 6, 1933, to have been ratified by the
    legislatures of 36 of the 48 States. The dates of these ratifications
    were: Virginia, March 4, 1932; New York, March 11, 1932; Mississippi,
    March 16, 1932; Arkansas, March 17, 1932; Kentucky, March 17, 1932; New
    Jersey, March 21, 1932; South Carolina, March 25, 1932; Michigan, March
    31, 1932; Maine, April 1, 1932; Rhode Island, April 14, 1932; Illinois,
    April 21, 1932; Louisiana, June 22, 1932; West Virginia, July 30, 1932;
    Pennsylvania, August 11, 1932; Indiana, August 15, 1932; Texas,
    September 7, 1932; Alabama, September 13, 1932; California, January 4,
    1933; North Carolina, January 5, 1933; North Dakota, January 9, 1933;
    Minnesota, January 12, 1933; Montana, January 13, 1933; Nebraska,
    January 13, 1933; Oklahoma, January 13, 1933; Arizona, January 13, 1933;
    Kansas, January 16, 1933; Oregon, January 16, 1933; Wyoming, January 19,
    1933; Delaware, January 19, 1933; Washington, January 19, 1933; South
    Dakota, January 20, 1933; Tennessee, January 20, 1933; Iowa, January 20,
    1933; Idaho, January 21, 1933; New Mexico, January 21, 1933; Ohio,
    January 23, 1933; Utah, January 23, 1933; Missouri, January 23, 1933;
    Georgia, January 23, 1933. Ratification was completed on January 23,
    1933. The amendment was subsequently ratified by Massachusetts, January
    24, 1933; Wisconsin, January 24, 1933; Colorado, January 24, 1933;
    Nevada, January 26, 1933; Connecticut, January 27, 1933; New Hampshire,
    January 31, 1933; Vermont, February 2, 1933; Maryland, March 24, 1933;
    Florida, April 26, 1933.

      The ratification of this amendment to the Constitution shortened the
    first term of President Franklin D. Roosevelt and Vice President John N.
    Garner, and the terms of all Senators and Representatives of the 73d
    Congress.
    ---------------------------------------------------------------------------

    Sec. 242. Meeting of Congress.

      Section 2.  The Congress shall
    assemble at least once in every year, and such meeting shall begin at
    noon on the 3d day of January, unless they shall by law appoint a
    different day.

      Prior to the ratification of the 20th amendment Congress met on the
    first Monday in December as provided in article I, section 4, of the
    Constitution. For discussion of the term of Congress prior to and
    pursuant to the 20th amendment, see Sec. 6, supra (accompanying art. I,
    sec. 2, cl. 1), and Deschler's Precedents, vol. 1, ch. 1.

      Pursuant to section 2 of the 20th amendment, a regular session of a
    Congress must begin at noon on January 3 of every year unless Congress
    sets a different date by law, and if the House is in session at that
    time the Speaker declares the House adjourned sine die without a motion
    from the floor, in order that the next regular session of that Congress,
    or the first session of the next Congress (as the case may be) may
    assemble at noon on that day (Jan. 3, 1981, p. 3774; Jan. 3, 1996, pp.
    35, 36).

    [[Page 107]]

    25, 1982; Public Law 98-179, Jan. 23, 1984; Public Law 99-379, Jan. 21,
    1986; Public Law 99-613, Jan. 6, 1987; Public Law 100-229, Jan. 25,
    1988; Public Law 101-228, Jan. 23, 1990; Public Law 102-475, Jan. 5,
    1993; Public Law 103-395, Jan. 4, 1995; Public Law 104-296, Jan. 7,
    1997; Public Law 105-140, Jan. 27, 1998; Public Law 105-350, Jan. 6,
    1999; Public Law 106-127, Jan. 24, 2000.

    -  Section 3. <> If, at the time fixed for the beginning of the term of
    the President, the President elect shall have died, the Vice President
    elect shall become President. If a President shall not have been chosen
    before the time fixed for the beginning of his term, or if the President
    elect shall have failed to qualify, then the Vice President elect shall
    act as President until a President shall have qualified; and the
    Congress may by law provide for the case wherein neither a President
    elect nor a Vice President elect shall have qualified, declaring who
    shall then act as President, or the manner in which one who is to act
    shall be selected, and such person shall act accordingly until a
    President or Vice President shall have qualified.

    Sec. 243. Laws appointing different day for
    convening.

      Since  ratification, laws appointing a different day for
    assembling have been enacted as follows: Public Law 74-120, Jan. 5,
    1937; Public Law 77-395, Jan. 5, 1942; Public Law 77-819, Jan. 6, 1943;
    Public Law 78-210, Jan. 10, 1944; Public Law 79-289, Jan. 14, 1946;
    Public Law 80-358, Jan. 6, 1948; Public Law 82-244, Jan. 8, 1952; Public
    Law 83-199, Jan. 6, 1954; Public Law 83-700, Jan. 5, 1955; Public Law
    85-290, Jan. 7, 1958; Public Law 85-819, Jan. 7, 1959; Public Law 86-
    305, Jan. 6, 1960; Public Law 87-348, Jan. 10, 1962; Public Law 87-864,
    Jan. 9, 1963; Public Law 88-247, Jan. 7, 1964; Public Law 88-649, Jan.
    4, 1965; Public Law 89-340, Jan. 10, 1966; Public Law 89-704, Jan. 10,
    1967; Public Law 90-230, Jan. 15, 1968; Public Law 91-182, Jan. 19,
    1970; Public Law 91-643, Jan. 21, 1971; Public Law 92-217, Jan. 18,
    1972; Public Law 93-196, Jan. 21, 1974; Public Law 93-553, Jan. 14,
    1975; Public Law 94-186, Jan. 19, 1976; Public Law 94-494, Jan. 4, 1977;
    Public Law 95-594, Jan. 15, 1979; Public Law 96-566, Jan. 5, 1981;
    Public Law 97-133, Jan.

    Sec. 245. Statutory succession and the 25th
    amendment.

      Congress  provided by law in 1947 for the performance of the duties
    of the President in case of removal, death, resignation or inability,
    both of the President and Vice President (3 U.S.C. 19). Earlier
    succession statutes covering the periods 1792-1886 and 1887-1948 can be
    found in 18 Stat. 21, and 24 Stat. 1, respectively. Also see the 25th
    amendment to the Constitution, relating to vacancies in the office of
    Vice President and Presidential inability.

    [[Page 108]]

      Prior to the 20th amendment there was no provision in the Constitution
    to take care of a case wherein the President-elect was disqualified or
    had died.

    Sec. 246. Congress to provide for case wherein
    death occurs among those from whom House chooses a President.

      Section 4.  The
    Congress may by law provide for the case of the death of any of the
    persons from whom the House of Representatives may choose a President
    whenever the right of choice shall have devolved upon them, and for the
    case of the death of any of the persons from whom the Senate may choose
    a Vice President whenever the right of choice shall have devolved upon
    them.

      The above section changes the 12th amendment insofar as it gives
    Congress the power to provide by law the manner in which the House
    should proceed in the event no candidate had a majority and one of the
    three highest on the list of those voted for as President had died.

      Section 5. Sections 1 and 2 shall take effect on the 15th day of
    October following the ratification of this article.

      Section 6. This article shall be inoperative unless it shall have been
    ratified as an amendment to the Constitution by the legislatures of
    three-fourths of the several States within seven years from the date of
    its submission.

                          AMENDMENT XXI.\12\

    Sec. 247. Repeal of prohibition.

      Section 1.  The eighteenth
    article of amendment to the Constitution of the United States is hereby
    repealed.
    ---------------------------------------------------------------------------

    ---------------------------------------------------------------------------

    [[Page 109]]

      \12\ The 21st amendment to the Constitution of the United
    States was proposed to conventions of the several States by the 72d
    Congress on February 20, 1933, and was declared in a proclamation by the
    Acting Secretary of State dated December 5, 1933, to have been ratified
    by conventions in 36 of the 48 States. The dates of these ratifications
    were: Michigan, April 10, 1933; Wisconsin, April 25, 1933; Rhode Island,
    May 8, 1933; Wyoming, May 25, 1933; New Jersey, June 1, 1933; Delaware,
    June 24, 1933; Massachusetts, June 26, 1933; Indiana, June 26, 1933; New
    York, June 27, 1933; Illinois, July 10, 1933; Iowa, July 10, 1933;
    Connecticut, July 11, 1933; New Hampshire, July 11, 1933; California,
    July 24, 1933; West Virginia, July 25, 1933; Arkansas, August 1, 1933;
    Oregon, August 7, 1933; Alabama, August 8, 1933; Tennessee, August 11,
    1933; Missouri, August 29, 1933; Arizona, September 5, 1933; Nevada,
    September 5, 1933; Vermont, September 23, 1933; Colorado, September 26,
    1933; Washington, October 3, 1933; Minnesota, October 10, 1933; Idaho,
    October 17, 1933; Maryland, October 18, 1933; Virginia, October 25,
    1933; New Mexico, November 2, 1933; Florida, November 14, 1933; Texas,
    November 24, 1933; Kentucky, November 27, 1933; Ohio, December 5, 1933;
    Pennsylvania, December 5, 1933; Utah, December 5, 1933. The amendment
    was subsequently ratified by Maine on December 6, 1933; Montana, August
    6, 1934. The convention held in the State of South Carolina on December
    4, 1933, rejected the 21st amendment.

    Sec. 248. Transportation into States
    prohibited.

      Section 2.  The transportation or importation into any State,
    Territory, or possession of the United States for delivery or use
    therein of intoxicating liquors, in violation of the laws thereof, is
    hereby prohibited.

      Section 3. This article shall be inoperative unless it shall have been
    ratified as an amendment to the Constitution by conventions in the
    several States, as provided in the Constitution, within seven years from
    the date of the submission hereof to the States by the Congress.

                         AMENDMENT XXII.\13\

    [[Page 110]]

    President, for more than two years of a term to which some other person
    was elected President shall be elected to the office of the President
    more than once. But this Article shall not apply to any person holding
    the office of President when this Article was proposed by the Congress,
    and shall not prevent any person who may be holding the office of
    President, or acting as President, during the term within which this
    Article becomes operative from holding the office of President or acting
    as President during the remainder of such term.
    ---------------------------------------------------------------------------

    Sec. 249. No person shall be elected President more
    than twice.

      Section 1.  No person shall be elected to the office of the President
    more than twice, and no person who has held the office of President, or
    acted as

      \13\ The 22d amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    80th Congress on March 24, 1947, and was declared by the Administrator
    of General Services, in a proclamation dated March 1, 1951, to have been
    ratified by the legislatures of 36 of the 48 States. The dates of these
    ratifications were: Maine, March 31, 1947; Michigan, March 31, 1947;
    Iowa, April 1, 1947; Kansas, April 1, 1947; New Hampshire, April 1,
    1947; Delaware, April 2, 1947; Illinois, April 3, 1947; Oregon, April 3,
    1947; Colorado, April 12, 1947; California, April 15, 1947; New Jersey,
    April, 15, 1947; Vermont, April 15, 1947; Ohio, April 16, 1947;
    Wisconsin, April 16, 1947; Pennsylvania, April 29, 1947; Connecticut,
    May 21, 1947; Missouri, May 22, 1947; Nebraska, May 23, 1947; Virginia,
    January 28, 1948; Mississippi, February 12, 1948; New York, March 9,
    1948; South Dakota, January 21, 1949; North Dakota, February 25, 1949;
    Louisiana, May 17, 1950; Montana, January 25, 1951; Indiana, January 29,
    1951; Idaho, January 30, 1951; New Mexico, February 12, 1951; Wyoming,
    February 12, 1951; Arkansas, February 15, 1951; Georgia, February 17,
    1951; Tennessee, February 20, 1951; Texas, February 22, 1951; Nevada,
    February 26, 1951; Utah, February 26, 1951; Minnesota, February 27,
    1951. Ratification was completed February 27, 1951. The amendment was
    subsequently ratified by North Carolina, February 28, 1951; South
    Carolina, March 13, 1951; Maryland, March 14, 1951; Florida, April 16,
    1951; Alabama, May 4, 1951.
    ---------------------------------------------------------------------------

    [[Page 111]]

      Section 2. This article shall be inoperative unless it shall have been
    ratified as an amendment to the Constitution by the legislatures of
    three-fourths of the several States within seven years from the date of
    its submission to the States by the Congress.

                         AMENDMENT XXIII.\14\

    Sec. 250. Representation in the Electoral College
    to the District of Columbia.

      Section 1.  The District constituting the seat of
    Government of the United States shall appoint in such manner as the
    Congress may direct:
    ---------------------------------------------------------------------------

      \14\ The 23d amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    86th Congress on June 17, 1960, and was declared by the Administrator of
    General Services, in a proclamation dated April 3, 1961, to have been
    ratified by the legislatures of 39 of the 50 States. The dates of these
    ratifications were: Hawaii, June 23, 1960; Massachusetts, August 22,
    1960; New Jersey, December 19, 1960; New York, January 17, 1961;
    California, January 19, 1961; Oregon, January 27, 1961; Maryland,
    January 30, 1961; Idaho, January 31, 1961; Maine, January 31, 1961;
    Minnesota, January 31, 1961; New Mexico, February 1, 1961; Nevada,
    February 2, 1961; Montana, February 26, 1961; Colorado, February 8,
    1961; Washington, February 9, 1961; West Virginia, February 9, 1961;
    Alaska, February 10, 1961; Wyoming, February 13, 1961; South Dakota,
    February 14, 1961; Delaware, February 20, 1961; Utah, February 21, 1961;
    Wisconsin, February 21, 1961; Pennsylvania, February 28, 1961; Indiana,
    March 3, 1961; North Dakota, March 3, 1961; Tennessee, March 6, 1961;
    Michigan, March 8, 1961; Connecticut, March 9, 1961; Arizona, March 10,
    1961; Illinois, March 14, 1961; Nebraska, March 15, 1961; Vermont, March
    15, 1961; Iowa, March 16, 1961; Missouri, March 20, 1961; Oklahoma,
    March 21, 1961; Rhode Island, March 22, 1961; Kansas, March 29, 1961;
    and Ohio, March 29, 1961. Ratification was completed March 29, 1961. The
    amendment was subsequently ratified by New Hampshire on March 30, 1961
    (when that State annulled and then repeated its ratification of March
    29, 1961). Arkansas rejected the amendment January 24, 1961.
    ---------------------------------------------------------------------------

    [[Page 112]]

    and they shall meet in the District and perform such duties as provided
    by the twelfth article of amendment.
      A number of electors of President and Vice President equal to the
    whole number of Senators and Representatives in Congress to which the
    District would be entitled if it were a State, but in no event more than
    the least populous State; they shall be in addition to those appointed
    by the States, but they shall be considered, for the purposes of the
    election of President and Vice President, to be electors appointed by a
    State;

      Section 2. The Congress shall have power to enforce this article by
    appropriate legislation.

                         AMENDMENT XXIV.\15\

    Sec. 251. Right to vote not denied for failure to
    pay poll tax.

      Section 1.  The right of citizens of the United States to vote in
    any primary or other election for President or Vice President, for
    electors for President or Vice President, or for Senator or
    Representative in Congress, shall not be denied or abridged by the
    United States or any State by reason of failure to pay any poll tax or
    other tax.
    ---------------------------------------------------------------------------

      \15\ The 24th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    87th Congress on August 28, 1962, and was declared by the Administrator
    of General Services, in a proclamation dated February 4, 1964, to have
    been ratified by the legislatures of 38 of the 50 States. The dates of
    these ratifications were: Illinois, November 14, 1962; New Jersey,
    December 3, 1962; Oregon, January 25, 1963; Montana, January 28, 1963;
    West Virginia, February 1, 1963; New York, February 4, 1963; Maryland,
    February 6, 1963; California, February 7, 1963; Alaska, February 11,
    1963; Rhode Island, February 14, 1963; Indiana, February 19, 1963; Utah,
    February 20, 1963; Michigan, February 20, 1963; Colorado, February 21,
    1963; Ohio, February 27, 1963; Minnesota, February 27, 1963; New Mexico,
    March 5, 1963; Hawaii, March 6, 1963; North Dakota, March 7, 1963;
    Idaho, March 8, 1963; Washington, March 14, 1963; Vermont, March 15,
    1963; Nevada, March 19, 1963; Connecticut, March 20, 1963; Tennessee,
    March 21, 1963; Pennsylvania, March 25, 1963; Wisconsin, March 26, 1963;
    Kansas, March 28, 1963; Massachusetts, March 28, 1963; Nebraska, April
    4, 1963; Florida, April 18, 1963; Iowa, April 24, 1963; Delaware, May 1,
    1963; Missouri, May 13, 1963; New Hampshire, June 12, 1963; Kentucky,
    June 27, 1963; Maine, January 16, 1964; and South Dakota, January 23,
    1964. Ratification was completed on January 23, 1964. Mississippi
    rejected the amendment on December 20, 1962.

    [[Page 113]]

      Harman v. Forssenius, 380 U.S. 528 (1965); Harper v. Virginia State
    ---------------------------------------------------------------------------
    Board of Elections, 383 U.S. 663 (1966).

      Section 2. The Congress shall have power to enforce this article by
    appropriate legislation.

                          AMENDMENT XXV.\16\

    Sec. 252. Presidential succession and
    inability.

      Section 1.  In case of the removal of the President from office or of
    his death or resignation, the Vice President shall become President.
    ---------------------------------------------------------------------------

      \16\ The 25th amendment to the Constitution of the United
    States was proposed to the legislatures of the several States by the
    89th Congress on July 7, 1965, and was declared by the Administrator of
    General Services, in a proclamation dated February 23, 1967, to have
    been ratified by the legislatures of 39 of the 50 States. The dates of
    these ratifications were: Nebraska, July 12, 1965; Wisconsin, July 13,
    1965; Oklahoma, July 16, 1965; Massachusetts, August 9, 1965;
    Pennsylvania, August 18, 1965; Kentucky, September 15, 1965; Arizona,
    September 22, 1965; Michigan, October 5, 1965; Indiana, October 20,
    1965; California, October 21, 1965; Arkansas, November 4, 1965; New
    Jersey, November 29, 1965; Delaware, December 7, 1965; Utah, January 17,
    1966; West Virginia, January 20, 1966; Maine, January 24, 1966; Rhode
    Island, January 28, 1966; Colorado, February 3, 1966; New Mexico,
    February 3, 1966; Kansas, February 8, 1966; Vermont, February 10, 1966;
    Alaska, February 18, 1966; Idaho, March 2, 1966; Hawaii, March 3, 1966;
    Virginia, March 8, 1966; Mississippi, March 10, 1966; New York, March
    14, 1966; Maryland, March 23, 1966; Missouri, March 30, 1966; New
    Hampshire, June 13, 1966; Louisiana, July 5, 1966; Tennessee, January
    12, 1967; Wyoming, January 25, 1967; Iowa, January 26, 1967; Washington,
    January 26, 1967; Oregon, February 2, 1967; Minnesota, February 10,
    1967; Nevada, February 10, 1967. Ratification was completed February 10,
    1967. The amendment was subsequently ratified by Connecticut, February
    14, 1967; Montana, February 15, 1967; South Dakota, March 6, 1967; Ohio,
    March 7, 1967; Alabama, March 14, 1967; North Carolina, March 22, 1967;
    Illinois, March 22, 1967; Texas, April 25, 1967; Florida, May 25, 1967.
    ---------------------------------------------------------------------------

    [[Page 114]]

    Sec. 253. Confirmation by House and Senate of
    nominee to fill vice presidential vacancy.

      Section 2.  Whenever there is a vacancy
    in the office of the Vice President, the President shall nominate a Vice
    President who shall take office upon confirmation by a majority vote of
    both Houses of Congress.

    Sec. 254. President's declaration of
    disability.

      Section 3.  Whenever the President transmits to the President pro
    tempore of the Senate and the Speaker of the House of Representatives
    his written declaration that he is unable to discharge the powers and
    duties of his office, and until he transmits to them a written
    declaration to the contrary, such powers and duties shall be discharged
    by the Vice President as Acting President.

    Sec. 255. Determination of Presidential inability
    and Vice President as Acting President.

      Section 4.  Whenever the Vice President
    and a majority of either the principal officers of the executive
    departments or of such other body as Congress may by law provide,
    transmit to the President pro tempore of the Senate and the Speaker of
    the House of Representatives their written declaration that the
    President is unable to discharge the powers and duties of his office,
    the Vice President shall immediately assume the powers and duties of the
    office as Acting President.

    [[Page 115]]

    written declaration that the President is unable to discharge the powers
    and duties of his office. Thereupon Congress shall decide the issue,
    assembling within forty-eight hours for that purpose if not in session.
    If the Congress, within twenty-one days after receipt of the latter
    written declaration, or, if Congress is not in session, within twenty-
    one days after Congress is required to assemble, determines by two-
    thirds vote of both Houses that the President is unable to discharge the
    powers and duties of his office, the Vice President shall continue to
    discharge the same as Acting President; otherwise, the President shall
    resume the powers and duties of his office.

      Thereafter, when the President transmits to the President pro tempore
    of the Senate and the Speaker of the House of Representatives his
    written declaration that no inability exists, he shall resume the powers
    and duties of his office unless the Vice President and a majority of
    either the principal officers of the executive department or of such
    other body as Congress may by law provide, transmit within four days to
    the President pro tempore of the Senate and the Speaker of the House of
    Representatives their

    [[Page 116]]

    confirmation of the nominee for Vice President, following the vote on
    confirmation by the House. On July 15, 1985 (pp. 18955-56) the Speaker
    laid before the House two communications from the President of the
    United States advising (1) of the President's temporary period of
    incapacity of discharging the constitutional powers and duties of the
    Office of President and directing that the Vice President discharge
    those duties in his stead and (2) a subsequent Presidential
    determination of his ability to resume those powers and duties.

    Sec. 256. Instances where House and Senate have
    confirmed nominee as Vice President.

      Congress  has twice performed its
    responsibility under section two of the 25th amendment. On October 13,
    1973, the Speaker laid before the House a message from President Nixon
    transmitting his nomination of Gerald R. Ford, Representative and
    Minority Leader in the House of Representatives, to be Vice President of
    the United States, Vice President Agnew having resigned on October 10,
    1973. The Speaker referred the nomination to the Committee on the
    Judiciary, which under clause 1(k)(14) of rule X has jurisdiction over
    messages and matters relating to Presidential succession (Oct. 13, 1973,
    p. 34032). The nomination of Mr. Ford to be Vice President was confirmed
    by the Senate on November 27, 1973 (p. 38225) and by the House on
    December 6, 1973 (p. 39900), and Vice President Ford was sworn in in the
    Chamber of the House of Representatives on December 6 (p. 39925).
    Subsequently, President Nixon resigned from office by delivering his
    written resignation into the office of the Secretary of State, pursuant
    to 3 U.S.C. 20, on August 9, 1974. Pursuant to section one of the 25th
    amendment, Vice President Ford became President, and was sworn in in the
    East Room at the White House. He nominated Nelson A. Rockefeller to be
    Vice President which nomination was received in the House of
    Representatives and referred to the Committee on the Judiciary on August
    20, 1974; the nomination was confirmed by the Senate on December 10,
    1974 (p. 38936) and by the House on December 19, 1974 (p. 41516), and
    Vice President Rockefeller was sworn in in the Senate Chamber on
    December 19, 1974 (p. 41181). On both instances, the House received the
    message from the Senate, announcing that body's

                         AMENDMENT XXVI.\17\

    Sec. 257. Right to vote extended to persons 18
    years of age or older.

      Section 1.  The right of citizens of the United States, who
    are eighteen years of age or older, to vote shall not be denied or
    abridged by the United States or by any State on account of age.
    ---------------------------------------------------------------------------

      \17\ The 26th amendment to the Constitution was proposed by
    the Congress on March 23, 1971. It was declared, in a certificate of the
    Administrator of General Services, dated July 5, 1971, to have been
    ratified by the legislatures of 39 of the 50 States. The dates of
    ratification were: Connecticut, March 23, 1971; Delaware, March 23,
    1971; Minnesota, March 23, 1971; Tennessee, March 23, 1971; Washington,
    March 23, 1971; Hawaii, March 24, 1971; Massachusetts, March 24, 1971;
    Montana, March 29, 1971; Arkansas, March 30, 1971; Idaho, March 30,
    1971; Iowa, March 30, 1971; Nebraska, April 2, 1971; New Jersey, April
    3, 1971; Kansas, April 7, 1971; Michigan, April 7, 1971; Alaska, April
    8, 1971; Maryland, April 8, 1971; Indiana, April 8, 1971; Maine, April
    9, 1971; Vermont, April 16, 1971; Louisiana, April 17, 1971; California,
    April 19, 1971; Colorado, April 27, 1971; Pennsylvania, April 27, 1971;
    Texas, April 27, 1971; South Carolina, April 28, 1971; West Virginia,
    April 28, 1971; New Hampshire, May 13, 1971; Arizona, May 14, 1971;
    Rhode Island, May 27, 1971; New York, June 2, 1971; Oregon, June 4,
    1971; Missouri, June 14, 1971; Wisconsin, June 22, 1971; Illinois, June
    29, 1971; Alabama, June 30, 1971; Ohio, June 30, 1971; North Carolina,
    July 1, 1971; Oklahoma, July 1, 1971.

      Ratification was completed on July 1, 1971.

      The amendment was subsequently ratified by Virginia, July 8, 1971;
    Wyoming, July 8, 1971; Georgia, October 4, 1971.
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    [[Page 117]]

      Section 2. The Congress shall have power to enforce this article by
    appropriate legislation.

                         AMENDMENT XXVII.\18\

    Sec. 258. Timing of law varying congressional
    compensation.

      No  law, varying the compensation for the services of the
    Senators and Representatives, shall take effect, until an election of
    Representatives shall have intervened.
    ---------------------------------------------------------------------------

      \18\ The 27th amendment to the Constitution was proposed on
    September 25, 1789. It was declared to have been ratified by the
    legislatures of 39 of the 50 States in a certificate of the Archivist
    dated May 18, 1992. The dates of ratification were: Maryland, December
    19, 1789; North Carolina, December 22, 1789; South Carolina, January 19,
    1790; Delaware, January 28, 1790; Vermont, November 3, 1791; Virginia,
    December 15, 1791; Ohio, May 6, 1873; Wyoming, March 6, 1978; Maine,
    April 27, 1983; Colorado, April 22, 1984; South Dakota, February 21,
    1985; New Hampshire, March 7, 1985; Arizona, April 3, 1985; Tennessee,
    May 23, 1985; Oklahoma, July 10, 1985; New Mexico, February 14, 1986;
    Indiana, February 24, 1986; Utah, February 25, 1986; Arkansas, March 6,
    1987; Montana, March 17, 1987; Connecticut, May 13, 1987; Wisconsin,
    July 15, 1987; Georgia, February 2, 1988; West Virginia, March 10, 1988;
    Louisiana, July 7, 1988; Iowa, February 9, 1989; Idaho, March 23, 1989;
    Nevada, April 26, 1989; Alaska, May 6, 1989; Oregon, May 19, 1989;
    Minnesota, May 22, 1989; Texas, May 25, 1989; Kansas, April 5, 1990;
    Florida, May 31, 1990; North Dakota, March 25, 1991; Alabama, May 5,
    1992; Missouri, May 5, 1992; Michigan, May 7, 1992; and New Jersey, May
    7, 1992.

      Ratification was completed on May 7, 1992. The amendment was
    subsequently ratified by Illinois, May 12, 1992; and California, June
    26, 1992.

      To quell speculation over the efficacy of a ratification process
    spanning two centuries, the House adopted a concurrent resolution
    declaring the ratification of the amendment (H. Con. Res. 320, 102d
    Cong., May 19, 1992, p. 11779). The Senate adopted both a separate
    concurrent resolution and a simple resolution making similar
    declarations (S. Con. Res. 120 and S. Res. 298, 102d Cong., May 20,
    1992, p. 11869). Neither House considered the concurrent resolution of
    the other. For a concurrent resolution declaring the ratification of the
    14th amendment, see July 21, 1868. For opinions of the Supreme Court
    concerning the duration of the ratification process and the
    contemporaneity of State ratifications, see Dillon v. Gloss, 256 U.S.
    368 (1921) and Coleman v. Miller, 307 U.S. 433 (1939).

    [[Page 118]]

    F.3d 156 (D.C. Cir 1994); Schaffer v. Clinton, 54 F. Supp.2d 1014
    (D.Colo. 1999).

      For Federal court opinions upholding congressional cost-of-living
    adjustments for Members under in the Ethics Reform Act of 1989 (103
    Stat. 1716), see Boehner v. Anderson, 809 F. Supp. 38 (D.D.C. 1992),
    aff'd, 30