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piration of the sixth year, so that one third may
be chosen every second year; and if vacancies happen by resignation or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. No person
shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
The vice-president of the United States shall be president of the senate, but shall have no vote unless they be equally divided.
The senate shall choose their other officers, and also a · president, pro tempore, in the absence of the vice-presi
dent, or when he shall exercise the office of president of the United States.
The senate shall have the sole power to try all impeachments; When sitting for that purpose they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside; And no person
shall be convicted without the concurrence of two thirds of the members present.
Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.
Section 4. 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 places of choosing senators.
The 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.
Section 5. 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.
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.
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 those present, be entered on the journal.
* To an action of trespass against the sergeant-at-arms of the house of representatives of the United States for assault and battery and false imprisonment, it is a legal justification and bar to plead that a Congress was held and sitting during the period of the trespasses complained, and that the house of representatives had resolved that the plaintiff had been guilty of a breach of the privileges of the house, and of a high contempt of the dignity and authority of the same; and had ordered that the speaker should issue his warrant to the sergeant-at-arms, commanding him to take the plaintiff into custody wherever to be found, and to have him before the said house to answer to the said charge; and that the speaker did accordingly issue such a warrant, reciting the said resolution and order, and com. manding the sergeant-at-arms to take the plaintiff into custody, &c., and deliver the said warrant to the defendant: by virtue of which warrant the defendant arrested the plaintiff, and conveyed him to the bar of the house, where he was heard in his defence touching the matter of said charge, and the examination being adjourned from day to day, and the house having ordered the plaintiff to be detained in custody, he was accordingly detained by the defendant until he was finally adjudged to be guilty and convicted of the charge aforesaid, and ordered to be forthwith brought to the bar and reprimanded by the speaker, and then discharged from custody, and after being thus reprimanded, was actually discharged from the arrest and custody aforesaid. — Anderson vs. Dunn, 6 Wheaton, 204.
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.
Section 6. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place.
No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office.
Section 7. All bills for raising revenue shall originate in the house of representatives ; but the senate may propose or concur with amendments as on other bills.
Every bill which shall have passed the house of representatives and the senate, shall, before it become a law, be presented to the president of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. But in all such cases the votes of both houses shall
be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sunday excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.
Every order, resolution, or vote to which the concurrence of the senate and house of representatives may be necessary (except on a question of adjournment) shall be presented to the president of the United States ; and before the same shall take effect, shall be approved by him, or being disapproved by him shall be repassed by two thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of
SECTION 8. The Congress shall have power to lay and collect taxes,* duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States ; but all duties, imposts and excises, shall be uniform throughout the United States ;
To borrow money on the credit of the United States ;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes ;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptciest throughout the United States ;
* The power of Congress to lay and collect taxes, duties, &c., extends to the Digtrict of Columbia, and to the territories of the United States, as well as to the states. - - Loughborough, vs. Blake, 5 Wheaton, 318. But Congress are not bound to extend a direct tax to the district and territories. Id., 318.
† Under the constitution of the United States, the power of naturalization is exclusively in Congress. Chivac vs. Chivac, 2 Wheaton, 259.
See laws United States, vol. ii., chap. 30; ii., 261; iii., 71 ; iii., 288 ; iii., 400; iv., 564; vi., 32.
Since the adoption of the constitution of the United States, a state has authority
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the se. curities and current coin of the United States;
To establish post-offices and post-roads;
progress of science and useful arts, by securing for limited times to authors and inventors, the exclusive right to their respective writings and discoveries ;
To constitute tribunals inferior to the supreme court;
To define and punish piracies and felonies committed on the high seas, and offences against the law of nations ;*
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years ;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions ; to pass a bankrupt law, provided such law does not impair the obligation of con. tracts within the meaning of the constitution (art. i., sect. 10), and provided there be no act of Congress in force to establish a uniform system of bankruptcy conflicting with such law. - Sturgess vs. Crowninshield, 4 Wheaton, 122, 192.
See laws United States, vol. ii., chap. 368, sect. 2; iii., 66 ; iii., 158. * The act of the 3d March, 1819, chap. 76, sect. 5, referring to the law of nations for a definition of the crime of piracy, is a constitutional exercise of the power of Congress to define and punish that crime.- United States vs. Smith, 5 Wheaton, 153, 157,
Congress have power to provide for the punishment of offences committed by persons on board a ship-of-war of the United States, wherever that ship may lie. But Congress have not exercised that power in the case of a ship lying in the waters of the United States, the words within fort, arsenal, dockyard, magazine, or in any other place or district of country under the sole and exclusive jurisdiction of the United States, in the third section of the act of 1790, chap. 9, not extending to a ship-of-war, but only to objects in their nature, fixed and territorial.- United Stotes vs. Bevans, 3 Wheaton, 890.