Our republic : a text-book upon the civil government of the United States : with a historic introduction

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UNITED STATES OF AMEKICA.

OUR REPUBLIC

Contents

PAGE

Bill of Rights 25

Officers 39

Chapter I. Division Of Powers

The student may have learned, in the study of the state governments, that the powers of a government are necessarily divided into three groups, or departments. The duties to be performed in each department differ from those in the others. Experience, in governments that approach a representative character, has shown that the three departments must be kept distinct. Even in countries ruled by absolute monarchs, there must be some delegation of powers and authority to inferior officers, and in such delegation there is a division of powers approaching that named above. To one set of officers is delegated foreign affairs ; to another set is delegated affairs of finance ; to another, matters of war ; to another, judicial duties ; and so of other matters. In limited monarchies, a legislative branch is established, by the action of which the ruler receives the advice of a class of his subjects in the enactment of laws, and the judicial branch relieves him of the burden of deciding law-suits of small moment. At the same time, the ruler reserves to himself the reversal of the action of all his subjects, whether of legislation or of judgment. The nearer a government approach the democratic form and character, the clearer is the line drawn between the three departments. The distinction is more marked in the United States than in any other government. Here, the administration of the government.

is divided into the Legislative, Executive, and Judicial Departments. Each department has a different set of officers, and in but few instances do the duties or responsibilities of any set of officers include the duties or responsibilities of any other set. The President and Vice-President each have duties connected with legislation. The House of Representatives, in cases of impeachment, has duties in the prosecution of offenders ; and the Senate, in the same cases, exercises judicial functions. The details of these matters will be treated more fully hereafter.

The I/egislative Department. — This is the department that makes the laws. The word " legislative " means "law-bringing," or "law-bearing." The idea is that, as this department represents the people more completely than either of the other departments, and as the people are the source of all authority, — the will of the people being law in a republic, as the will of the emperor is law in the empire, — the enactment of laws is simply the formal act of expressing the will of the people, the putting of that will into words. In this sense, the legislature, or Congress, brings the law from the people and puts it into the form of statutes. " Law " and " statute " are but other names for those rules and regulations necessary for holding the people together in society and government, and for securing to them their rights. Li a more general sense, the legislative department determines what rules are best for the people, what regulations are wisest, and how and by what officers these rules and regulations shall be enforced. The constitution provides the officers by whom the general affairs of the nation shall be administered, but it has wisely left to Congress the duty of providing such officers as are needed in the smaller concerns of government. In addition to the duty to make the laws, the Congress of the nation has been given authority to keep watch over all the officers of the government, of whatever department, and it may remove any of them from office for official misconduct. In the states, this department appears to be the most important one, but it is not so in the national government.

The Executive Department. — This department administers the general laws made by Congress. It also may enforce laws if necessary by the use of the army and navy. This is a more important department of the government than it is in a state. In most of the states, each officer of the executive department is separately elected by the people, his duties are separately defined by statute, he acts upon his own responsibility, and is responsible to no one but the laws and the people. In the general government, the whole executive department acts together under one officer who appoints, directs, controls, or dismisses each of them and all of them in the general work of their offices. All act under one plan. The President appoints, directly or indirectly, all the officers of this department, even to the lowest, and all are responsible to him for their actions. As the interests of the nation are greater than those of a state, the laws of the nation require greater elasticity than do those of a state, and the President and his officers have more discretion allowed to them than is allowed to such an officer in a state.

The Judicial Department. — This department of the government interprets the laws and the constitution, and even decides upon the constitutionality of laws, and the legality of the action of other officers, and applies the law to individual actions. As different persons disagree as to the meaning of the words of the constitution, of the laws, and of contracts, and as these disagreements lead to trouble unless some one has the right to settle them, to this department is given the authority to settle all such disagreements. The decision of the courts is as much the law as an act of Congress can be, and must be obeyed as such.

THE LEGISLATIVE DEPARTMENT.

CHAPTER 11.

THE LEGISLATIVE DEPARTMENT.

The powers and duties of this department of the government have been generally stated in the preceding chapter. It remains for us now to consider its organization, the methods by which it exerts its power, the authority given to it, and the limitations placed upon that authority, by the constitution. The name given to this department is the Congress.

Diagram of the Legislative Department.

Leg^islative Departmeut.

President, ^)?'o tempore.

Secretaries.

Sergeant-at-arms and other officers.

Committees, r Speaker. ' Clerks.

Sergeant-at-arms and other officers. [ Committees.

The President.

The Vice-President.

'The Senate.

The House OF Represen- <j tatives.

As will be seen by the above diagram, the legislative branch of the government is comj)osed of four parts, each of which has some duty in the enactment of laws.

1. The Senate.

2. The House of Representatives.

3. The President.

4. The Vice-President.

Members. — The Senate is composed of two members from each state. They are elected by the legislature to serve for a term of six years. They are so classified that the term of one-third of the members expires every two years. This secures a membership of two-thirds of the body who have served two years or more, and who are thus familiar with the methods of legislation. The House of Representatives is composed of members from the several states, elected by the people, in districts, one from each district, and each district containing about the same number of people. The members of the House serve two years.

Qualifications of Members. — To he a member of the Senate, a person must be thirty years of age, have been a citizen of the United States nine years, and be an inhabitant of the state for which he shall be chosen. A member of the House of Representatives must be twenty-five years old, have been a citizen of the United States seven years, and be an inhabitant of the state in which he shall be chosen.

No person can be a member of either house of Congress while holding any other office under the United States. No person can be a member of either house of Congress, who had previously held any office under the United States, or had held any general state office, and, as such officer, had taken an oath to support the constitution of the United States, and had there-after engaged in insurrection or rebellion against the United States, or h'ad given aid or comfort to the enemies of the United States. This disability may be removed by a vote of two-thirds of both houses of Congress.

How Elected. — The Senate. The state legislature, at its last session before the expiration of the term of any senator, elects his successor. Upon the second Tuesdayafter the organization of the legislature, each house separately votes for a senator. If a majorit}^ of each house is cast for the same person, he is declared duly elected. If no person is so elected upon the first vote, the two houses. must meet together every day there-after and take one vote for senator : at such meeting the members of the two houses constitute one body, and a majority of the members of that body is necessary to elect.

The House. After each census, a number is fixed upon, by Congress, for the membership of the House. The whole number of people, as shown by the census, divided by that fixed number, will give the number of people required for one member. Each state is then assigned its number of members -of the House, as shown by that division. In ascertaining the number of people, for this purpose, Indians not taxed are not counted, nor are the people living in the territories or in the District of Columbia, as they are not represented in Congress. After the number of members of the House is assigned to the states, the legislature of each state divides the state into as many districts as the number of members to which it is entitled. These districts must contain the same number of people, as nearly as possible. In each even-numbered year (1886, 1888, 1890, etc.) the members are elected by the people at the general election.

Privileges of Members. — Members of each house of Congress cannot be arrested while in attendance upon the sessions of their houses, nor while going to or returning from such sessions, for any offense except for treason, other felony, or for a breach of the peace. No member can be made liable, in any civil action, or in any criminal proceeding, for anj^thing that lie may say in Congress. These provisions prevent any interference with a member of Congress in the discharge of his duty, enabling him to do his duty without fear. If a member could be arrested, while on duty, for a small and unimportant matter, the public might be deprived of his services, and often members who were obnoxious to any one might be so arrested upon false charges in order to jjrevent the exercise of their duty. Treason, other felony, and a breach of the peace are considered so serious that not even members of Congress are exempt from their penalties. If a member of Congress could be sued, in slander or libel, for words used by him in debate in Congress, or in the proper discharge of his duty, he might thereby be restrained from such fearlessness and independence as he ought to possess. It is better that he should be allowed to state what is not true, sometimes, than that he should ever be punished in any way for speaking the truth.

Sessions. — The regular annual session of Congress begins on the first Monday of December. This is the time fixed by the constitution, but Congress has the power to change the time, at its pleasure. The President is authorized to call special sessions of Congress, or of either house, whenever, in his judgment, the public interests demand it. The first regular session of each Congress continues so long as its members desire to remain in session — usually it adjourns in June or July. , The second session closes, by constitutional limitation, March 4, at noon. Members hold office from March 4, to March 4, at noon, two years.

Organization. — At the time fixed for the opening of the first session of a Congress, the Vice-President calls the members of the Senate to attention, and the Senate then elects its secretaries, sergeant-at-arms, door-keepers, and such other subordinate officers as it needs. If there is no Vice-President, the Senate elects a President, pro temjyore, from its own members. Usually a caucus of the political party having a majority of the members is held, at which members are assigned to committees. This assignment is adopted by the Senate, and the organization is complete. The membership of the committees is usually made up of a fair proportion of the two parties represented in the Senate. In the House, the clerk of the last House calls the members to attention. Thereupon, the speaker, clerks, sergeant-at-arms, door-keepers, and other inferior officers are elected. The speaker always makes the assignment of the members to the committees. The committees are arranged, as they are in the Senate, a majority of the members being of the party that has a majority of the membership of the House.

Quorum. — A majority of the members elected to each house forms a quorum ; that is, no business can be done by either house unless a majority of its members are present. In the absence of a quorum, the members present may compel the attendance of absent members, and may adjourn from da}^ to day.

Duties of Officers. — The Vice-President and speaker are the presiding officers of their respective houses. Each sits at a desk in front of the members, and facing them. He is addressed by the members as they rise to speak, and no member can proceed until he has been recognized by the presiding officer. In case two members rise and address him at about the same instant, he decides which one is entitled to proceed. He also prevents disorder or confusion in his house, keeps the members to the business before them, directs the subordinate officers in the discharge of their duties, appoints all committees whose manner of appointment is not otherwise provided for, and signs all bills that pass his house. In his temporary absence, each house has the right to elect a member to serve during such absence. Each house elects, also, an officer, whose duty it is to record all the proceedings of that house, and to keep the papers and other documents belonging to it, and these officers have such assistants as are needed. In the Senate, this officer is called a secretary, and, in the House, he is called a clerk. Each house, also, has a sergeant-at-arms, who acts under . the direction of the presiding officer in the preservation of order, not only among the members, but also among visitors. A door-keeper has charge of each door leading into the house, in order that only those who have a right may enter. Janitors attend to the rooms to keep them in order, and pages, usually boys, act as messengers for the members and officers during the sessions. There are, also, official reporters of each house, who take down, in shorthand, the remarks of the speaker, and of other members. These reports are printed in full in the official paper, called the Congressional Record.

Rights of Each House. — Each house' deternnnes the election and qualification of its own members. All contests between persons claiming to have been elected to Congress are decided by the house to which they claim election. If any question arises concerning the qualification of a member of a house, it is decided by the house of which he is a member, or to which he claims to have been elected. Each house, also, may punish any member for disorderly conduct, and it may expel a member, by a two-thirds vote of its members. It is not restricted to any cause for expulsion. It may, therefore, expel for any cause that would render the member an illegal, undesirable, or unworthy member.

Journal. — Each house keeps a record, b}^ its secretary or clerk, of its proceedings, and the same is published daily in the Congressional Record. The Senate has a secret, or executive, session, in which it acts upon treaties, nomination of officers, and such other business as it desires to do in secret. The journal of these secret sessions is not published. The House is authorized by the constitution to hold secret sessions, but it does not do so.

CHAPTER III. THE LEGISLATIVE DEPARTMENT. — Continued

How Members Vote. — Upon ordinary occasions, the members may vote by word of mouth, by show of hands, or by rising, or by passing between tellers and being counted. Whenever one-fifth of those present demand a vote by "yeas and nays," the name of each member is called, and he votes " yea " or " nay," and the vote is recorded. By the other methods of voting, no record is kept showing how any member voted.

Rules. — We have seen that each house has authority to make rules. These rules direct the whole business of legislation. They state how the members shall conduct themselves, when bills and resolutions may be presented, what course they shall take in order to come to a vote, in what order of precedence motions shall be voted upon, as well as all the details of method and form in making laws. These rules are usually adopted at the beginning of each Congress, and may be changed at the pleasure of the house. The two houses, also, have rules concerning their relations to each other, and their joint action in the passage of bills.

Coiniiiittees. ^ — These are appliances for assisting in the work of legislation. They are provided for in the rules of each house. The committees are named from the subject of legislation over which they have jurisdiction. The most important committees are those called Foreign

Affairs, Finance, Appropriations, Judiciary, Commerce, Manufactures, Agriculture, Indian Affairs, Military Affairs, Naval Affairs, Public Lands, Pensions, and Claims. Each house also has a committee specially authorized to examine and report upon the expenditures of the money appropriated to each executive department of the government. Very few of the committees can take jurisdiction of a bill, of a paper, or of any subject, until it has been referred to it by its house.

Bills. — A bill is the name given to the draft of a law when it is introduced, and in its passage through the machinery of legislation : after it has been signed by the President, it is a law, or statute. Each house may originate bills upon any subject except one. The constitution provides that " bills for raising revenue shall originate in the House of Representatives," and that the Senate may propose amendments. The language of the constitution would restrict this exception to bills that propose to raise money for the support of the government ; but the uniform and almost unquestioned practice has been to apply the prohibition to bills appropriating money as well. The term is practically applied to all bills for raising or disbursing the public money. The House of Representatives is larger than the Senate, its members are elected directly by the people, and the method of their election renders them more directly representative of the people — of the popular will. The framers of the constitution followed the example of England, in which the House of Commons, the immediate representatives of the people, hold the pursestrings.

Methods of Leg-islation. — These methods do not differ much from those employed by state legislatures. When a bill is introduced, it is read by the clerk, either in full 'or by its title, as may be ordered by the house. If no one objects, it is ordered to be read a second time upon a subsequent day. If any one does object, a vote is taken on the motion to read it a second time. If the motion is lost, the bill is rejected ; if the motion carries, the bill goes on file to be read again. It is seldom that any one does object to a second reading of a bill.

Upon a second reading-, the bill may be rejected, or may be ordered printed and referred to its appropriate committee. . After the bill is printed, a copy is delivered to each member of the house, and the committee to which it has been referred takes it under consideration. If tl|^ committee approves the bill as it reads, its chairman reports it back to the house, with the recommendation of the committee that it pass. If the committee approves the substance of the bill but does not approve its'^form, a member changes the bill to a form that will suit the views of the committee, and the chairman of the committee reports it favorably to the house.

If the committee does not ap23rove a bill, either in substance or form, its chairman reports it to the house, with the recommendation of the committee that it do not pass. When it reports a bill, the committee may state the reasons for its approval or disapproval, or it may not do so. If the bill is an important one, or if it has attracted public attention to any great extent, or if it has much influence upon politics, the report of the committee is usually accompanied by a statement of reasons, often at great length. Each member of the committee is allowed to state his views separately, and sometimes this is done.

After the committee has reported, the house may adopt or reject the report. If the report is favorable to a bill, and the report is adopted, the bill is then ordered to be sent to the Committee of the Whole. If the report is unfavorable, a rejection of the report sends the bill to the Committee of the Whole, or may send it back to the same committee for farther action, or may send it to another committee. The rejection of a favorable report usually kills a bill, although it may still be recommitted to the same, or to another, committee. In case of such recommittal, the house usually instructs the committee what action to take. The sending of a bill to another committee, after an unfavorable report from one committee, indicates that the house favors the bill ; in which case it is sent to a committee a majority of whose members are friends of the bill.

Committee of the Whole. — This committee consists of the whole house, but the formalities and rules of the house are laid aside, so that a bill or report can be discussed or amended more easily and fully than can be done in the house. It is simply a committee of the house, and has no organization but a chairman, who is designated by the presiding officer of the house. The clerk and other officers of the house continue in the discharge of their duties however during the session of this committee. Whatever action is taken by this committee is merely advisory, and must be reported to the house for approval. Usually a bill is perfected in this committee and is passed by the house just as it is reported. Sometimes the house reverses the action of the committee. Some members will not vote in the house, where their vote is recorded, as they voted in the committee, where no record is kept.

Action of the House. — After the Committee of the Whole has perfected a bill, it reports to the house the result of its action, just as any other committee reports. The house may then vote to adopt or to reject the report. Usually, a "yea and nay" vote is taken in the house upon each amendment proposed by the committee. Other amendments may be proposed and voted upon at this time. In the Committee of the Whole, and in the house after a report from that committee, are the stages for amending a bill. When the house perfects a bill, at this stage, it orders it engrossed for a third reading, after which it cannot be amended without sending it to a committee again. To engross a bill is to write it out Justus it has been left by the house, putting the amendments into their proper places. This copy of the bill is carefully compared with the original bill and amendments, by a proper committee.

Third Reading-. — After a bill has been engrossed, it is so reported to the house, and is then called up for a third reading and passage. It is read in full by the clerk, and a vote taken at once upon its passage by yea and nay. It requires the presence of a quorum, and the affirmative vote of a majority of those voting, to pass a bill. After the passage of a bill by one house, the clerk certifies upon it the fact, and the date of its passage, a.nd delivers it to the other house while it is in open session. In that house the bill takes the same course already described, is subject to amendment or rejection, and is treated in all respects as though it originated in that house.

Amended by the Other House. — When a bill is amended by the other house, the bill and amendments must be sent back to the house from which the bill came.

If that house agrees to the amendments, it so votes, and the bill is passed. If that house does not agree to the amendments proposed by the other house, it so votes, and reports its action to the other house. The other house may then drop its proposed amendments and pass the bill without them, or it may insist upon its amendments as proposed. When such is the case, each house usually appoints a committee of conference. If those committees can agree, they report, and their houses adopt or reject their reports. Usually, the conference committees compromise the difference between the two houses, and their reports are more often adopted than rejected. When passed by both houses, the bill is enrolled, that is, written out again in full on parchment paper, signed by the presiding officer and clerk of each house, and sent, by a committee of the house in which it originated, to the President. Final Stage. — The President is one of the executive officers, but the constitution makes him a legislative officer so far that his approval of a bill is necessary before it can become a law. When the President approves a bill, he writes upon it the word " approved," and the date of the approval, and signs his name beneath. If the President does not approve a bill, he must return it to the house in which it originated, accompanied by a message stating his reasons for declining to approve. If he does not so return it within ten days (Sundays excepted) after it is presented to him for approval, the bill thereby becomes a law without further action. If Congress adjourns before the expiration of the ten days, the bill does not become a law unless the President signs it. When the message of the President, stating his objections to a bill, is received by the house to which it is directed, the message is read and entered in full upon the record. That house then proceeds, so soon as it is ready, to consider the message. If two-thirds of that house vote to pass the bill notwithstanding the objections of the President, it is sent to the other house, accompanied by a copy of the President's message. If both houses vote, by two-thirds, to pass the bill notwithstanding the objections of the President, it becomes a law. This is called passing a bill over the President's veto. The message objecting to a bill is called a veto. Every order, resolution, or vote v/hich requires to be passed by both houses must be signed by the President or passed over his veto, in the same manner as a bill, in order to be effective. ^

When Liaws take Effect. — The constitutions of many of the states provide a time when laws shall take effect after their passage. The constitution of the United States is silent upon that point. Therefore the laws of Congress take effect at once upon their approval by the President, or upon passage over the President's veto, unless the laws themselves state when they shall take effect.

Publication. — The proceedings of Congress are so important that the nev/spapers usually give more or less full statements of them, together with a report of the bills under consideration. After adjournment, however, the laws passed at that session are published in pamphlet form and distributed to the courts and higher officers of the government, and sold to others.

Adjournment. — Either house may adjourn from day to day at pleasure, but it is forbidden to adjourn for more than three days at one time wdthout the consent of the other house. The assent of both houses is also necessary to an adjournment to any place other than the one in which they shall then be sitting. In case the two houses cannot agree upon the time of adjournment, the President may adjourn them to such time as he shall deem best.

Iinpeacliment, — The House of Representatives has the sole power to impeach an officer for official misconduct. The impeachment is tried by the Senate, sitting as a court. When the President is upon trial before the Senate, the Chief Justice of the Supreme Court presides : in other trials, the regular presiding officer acts. The proceedings in impeachment will be treated in the chapter upon the Judicial System.

Chapter IV

THE LEG I SLA Tl VE DEPAR TMENT. — Continued. POWERS OF CONGRESS.

As the government of the United States is one of limited powers, possessing no authority that is not given to it by the constitution, it follows that each branch of that government, also, must be limited in its powers. The^ first section of the constitution says that all legislative powers herein granted shall be vested in a Congress. We must then look to the constitution for a list of the powers granted and of the limitations imposed. We shall find both, and they will be taken up in their order. Section eight of Article I. contains a list of the powers granted.