hastened by the
election of new members in the place of the one-third who retire every
two years.

Sec.8. Vacancies which happen in the representation of any state in the
senate during the recess of its legislature, may be filled by the
governor until the next meeting of the legislature. Without this
provision, either the legislature must be assembled immediately to fill
the vacancy, or the state must remain in part, or perhaps wholly
unrepresented in the senate, until the next regular session of the
legislature.

Sec.9. But an appointment may not be made by an executive before the
vacancy actually happens. In 1825, the term of a senator was about to
expire during the recess of the legislature of his state, which had
failed at its previous session to appoint a successor. As a special
session of the senate was to be held immediately after the expiration of
the senator's term, the governor, a few days before the term expired, in
anticipation of the vacancy, reappointed the senator. But the senate
decided that, as the appointment had been made _before the vacancy
happened_, the senator was not entitled to a seat.

Sec.10. The next clause prescribes the qualifications of senators. A
senator must have attained the age of thirty years, and been nine years
a citizen of the United States; and he must, when elected, be an
inhabitant of the state for which he is chosen. As many of the duties of
a senator require more knowledge, experience, and stability of character
than those of a representative, greater age and longer citizenship are
required. The nature of these duties will be noticed in subsequent
chapters.

Sec.11. The seventh section of the first article provides for the passage
of bills negatived, or vetoed, by the president. Bills returned by him
with his objections, become laws when passed by majorities of two-thirds
of both houses; that is, by two-thirds of the members present. They also
become laws if not returned by him within ten days (Sundays excepted)
after they have been presented to him, unless their return is prevented
by the adjournment of congress.

Sec.12. We have passed over several sections and clauses of this article
without remark. Most of them are similar to some in the state
constitutions, which we have noticed; and the propriety of others is so
readily perceived, that any comment upon them is deemed unnecessary.

Chapter XXXI.

Power of Congress to lay Taxes, Duties, &c.; Power to Borrow