r has a right to be absent from a session
unless excused or sick. Unexcused absentees, unless sick, may be arrested
and brought to the capitol by the sergeant-at-arms or a special messenger.
When fewer than fifteen members are present, they usually adjourn.
_Clause 2.--Discipline._
_Each house may determine the rules of its proceedings,[1] punish its
members for disorderly behavior, and with the concurrence of two-thirds,
expel a member.[2]_
[1] The rules are intended to facilitate business, by preventing confusion
and unnecessary delay. They are designed also to check undue haste.
The rules of each house are based upon the English parliamentary practice,
as are the rules of all legislative or deliberative bodies wherever the
English language is spoken. (See "Manuals" of Senate and House.)
[2] It seems unlikely that even in times of great excitement two-thirds of
either house would favor expulsion unless it were deserved. This is also,
it will be observed, the number necessary to convict in case of
impeachment.
_Clause 3.--Publicity._
_Each house shall keep a journal of its proceedings, and, from time to
time, publish the same,[1] excepting such parts as may, in their judgment,
require secrecy;[2] and the yeas and nays[3] of the members of either
house, shall at the desire of one-fifth of those present, be entered on
the journal.[4]_
[1] This is to give publicity to the proceedings of congress, for the
benefit of both legislators and constituents. This provision is a valuable
one, in spite of the fact that demagogues are sometimes able thereby to
gain cheap glory.
To give still further publicity to the proceedings, spectators and
newspaper reporters are admitted to the gallery of each house, and members
may have their speeches printed and distributed.
[2] The House of Representatives rarely has a secret session. But the
Senate still keeps its executive sessions secret.
[3] For methods of voting see page 314.
[4] The purpose of this provision is to make members careful how they
vote, for the record is preserved. It will be noticed that the number
necessary to secure the record is small.
While this provision is intended to protect the minority, by enabling them
to impose responsibility upon the majority, it is open to abuse. It is
sometimes used by a minority to delay unnecessarily the proper transaction
of business. (For a graphic account of "filibustering," see Among the Law
Makers, 165-17
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