Art.1 Section 5 1. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; 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. According to the Constitution, it is up to each House of the Congress to determine whether someone was actually elected. Half of the members must be present in order to have enough members present to conduct any real business. The Constitution actually gives Congress the ability to do whatever it takes to force its members to the floor. The last time this clause was used was in 1988, when Republicans were trying to kill campaign Finance Reform by staying off the floor. The Democrats, who controlled the Senate, ordered the arrest of Senators who were not coming to the floor. 2. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member. This sentence established the fact that it was totally up to each part of Congress to determine what its rules would be. In the House of Representative, the rules limit debate and therefore, a filibuster is not possible. The Senate, on the other hand, established rules that invite the filibuster. The House has only expelled members three times in its history. There is no need for a trial to expel members of Congress, just a straight vote is sufficient. 3. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall at the desire of one fifth of these present, be entered on the journal. The clause resulted in the publishing of Congressional Record (which records all votes and resolutions.) The Supreme Court has ruled that the Congressional Record does not have to be 100% accurate to validate legislation. This provision also authorizes secret sessions of the Congress. In the very early years of the Republic, Senate deliberations were closed to the public, but they were soon opened to the public. Executive sessions of the Senate were closed to the press, until 1929, since then they have been open. The Senate has held 54 secret sessions since 1929. 4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.
Posted on: Sat, 08 Jun 2013 14:02:28 +0000
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