Constitution
itself. As a consequence of these limitations originally placed upon the
power of the people, the development of our system has not been wholly
in the direction of democracy. The constitutional authority conferred
upon the minority has exerted a far-reaching influence upon the growth
of our political institutions. The natural effect of subordinating the
democratic element would be to render its influence more feeble as the
system developed. That this has not been a purely imaginary danger may
be easily shown.

The Constitution expressly gave to the qualified voters of the various
states the right to control the House of Representatives. It was because
of this fact, as explained in the preceding chapter, that this body was
subordinated in our scheme of government. Even the most perfect control
over this branch would have given the people no positive control over
the government as a whole. At the most, it conceded to them merely a
negative on a part of the acts and policy of the government. Yet popular
control over this branch of the government has become less and less
effective as our political system has developed.

The Constitution provides that "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 any time by
law make or alter such regulations, except as to the place of choosing
senators."[143]

It also provides that "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."

It also requires that the members of the House of Representatives shall
be elected every second year; but as originally adopted it does not
specify when their term of office shall begin.

After the ratification of the Constitution the Congress of the
Confederation on September 13, 1788, designated March 4, 1789, as the
time for commencing proceedings under the new regime. This made the term
of office of President, Senators, and Representatives begin on that
date.

An act of Congress, March 1, 1792, provided that the term of office of
President should "in all cases, commence on the fourth day of March next
succeeding the day on which the votes of the electors shall have been
given."

This date was recognized as the beginning of the President's term of
office by the Twelfth Amendment to the Constitution, whi