ch went into
effect in 1804. By implication this amendment makes the term of
representatives begin on the fourth of March of each odd year.
Congress, exercising the power vested in it by the Constitution to
regulate Federal elections, enacted a law bearing date of February 2,
1872, which requires the election of representatives to be held on the
Tuesday next after the first Monday in November of each even year,
beginning with the year 1876. By act of March 3, 1875, this was modified
so as not to apply to any state whose constitution would have to be
amended before the day fixed for electing state officers could be
changed in conformity with this provision.[144]
Congress has no power to change the date on which the term of office of
a representative begins; but it does have authority to change the time
of electing the House of Representatives, and also to determine when its
own sessions shall begin, subject to the constitutional limitation that
it shall meet at least once each year.
Under the law as it now stands the members of a newly elected House of
Representatives do not meet in regular session until thirteen months
after their election. Moreover, the second regular session does not
begin until after the succeeding Congress has been elected.
The evils of this arrangement are thus described by a member of the
House:
"The lower branch of Congress should at the earliest practicable time
enact the principles of the majority of the people as expressed in the
election of each Congress. That is why the Constitution requires the
election of a new Congress every two years. If it were not to reflect
the sentiments of the people then frequent elections would have no
meaning or purpose. Any evasion of that rule is subversive of the
fundamental principle of our government that the majority shall rule.
No other government in the world has its legislative body convene so
long after the expression of the people....
"As an election often changes the political complexion of a Congress,
under the present law, many times we have the injustice of a Congress
that has been repudiated by the people enacting laws for the people
diametrically opposed to the last expression of the people. Such a
condition is an outrage on the rights of the majority....
"Under the present law a representative in Congress who has been turned
down by the people legislates for that people in the second regular
session....
"A man who has been defe
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