ese matters were left entirely with the several states.
Congress then provided that representatives should be elected by districts
of contiguous territory, equal to the number of representatives. It has
since provided that elections for representatives shall be by ballot, and
that the election shall be on the first Tuesday after the first Monday of
November in the even numbered years.
The time and mode of electing senators are given on page 333.
[2] This would in effect be giving congress power to locate the capital of
a state.
_Clause 2.--Meetings._
_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._
They have _not_ by law appointed a different day.
"Annual meetings of the legislature have long been deemed, both in England
and America, a great security to liberty and justice." By making provision
in the constitution for annual meetings, the duty could not be evaded.
Extra sessions of congress may be called at any time by the president or
be provided by law. There used to be three sessions, one beginning March
4.
The _place_ of meeting is not named, because the capital had not been
located, and in some cases it might be desirable to hold the session
elsewhere.
SECTION V. SEPARATE POWERS AND DUTIES.
_Clause 1. Membership: Quorum._
_Each house shall be the judge of the elections, returns and
qualifications of its own members,[1] and a majority of each shall
constitute a quorum to do business;[2] 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.[3]_
[1] This means simply that each house has the power to determine who are
entitled to membership in it. This has long been recognized in free
countries as a right belonging to a legislative body, necessary to the
maintenance of its independence and purity--even its existence. But when
the parties are nearly balanced, the majority is tempted to seat its
fellow-partizan.
[1] This is the number usually established as a quorum for a deliberative
body. Certainly no smaller number should have a right to transact
business, for that would give too much power to an active minority. And to
require more than a majority, would make it possible for a minority to
prevent legislation.
[3] Under the rules no membe
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