Section 518.]

The Senate exercises a special judicial function in that it may sit as a court of impeachment for the trial of persons whom the House of Representatives has formally charged with treason, bribery, or other high crimes and misdemeanors. Excluding military and naval officers, who are tried by court-martial, and excluding also members of Congress, who are subject only to the rules of their respective houses, all Federal officers are subject to impeachment. Impeachment requires a two-thirds vote of the Senators present. Removal from office and disqualification to hold any office under the United States is the heaviest penalty which can be imposed upon an impeached official.

546. SPECIAL POWERS OF THE HOUSE.--The House likewise enjoys three special powers.

One of these is the right to elect a President of the United States in case no candidate has a majority of the electoral votes. This has happened only twice, in 1800, and again in 1824.

The Federal Constitution provides that all revenue bills must originate in the lower house. However, the Senate has come to share this power through its power to amend such bills.

The House of Representatives has the sole power to prefer charges of impeachment, that is to say, to present what may be called the indictment against the accused official. The case is then tried before the Senate, the House appointing a committee of its own members to act as the prosecuting agency.

547. GENERAL SURVEY OF THE POWERS OF CONGRESS.--The powers of Congress, i.e. the two houses acting together, are of two kinds: First, express powers, by which is meant those specifically enumerated in the Federal Constitution; and second, implied powers, by which is meant those which are incident to express powers and necessary to their execution. The foundation of the doctrine of implied powers is the constitutional clause [Footnote: Article I, Section VIII, of the Constitution.] which authorizes Congress to make all laws "necessary and proper" for carrying out the powers granted it by the Federal Constitution.

Grouping express and implied powers together, the more important powers of Congress may be summarized as follows:

Revenue and expenditures. Congress has the power to lay and collect taxes, duties, imports, and excises, and to appropriate money in order "to pay the debts and provide for the common defense and general welfare of the United States." But indirect taxes must be uniform throughout the United States, and all direct taxes, except income taxes, must be apportioned among the states according to population. A further limitation is that Congress may not tax exports from any state, nor levy upon the "necessary instrumentalities" of any state government.

National defense. Here the powers of Congress are practically unlimited, except by the constitutional provisions that the President shall be commander-in-chief, and that military appropriations shall not be made for more than two years. Congress can raise and support armies, create and maintain a navy, and provide for the organization and use of the state militia. Congress may also declare war, and make rules concerning captures on land and sea.

Foreign relations. Congress as a body has little direct control over foreign relations, though the Senate shares the treaty-making power with the President. But Congress has the power to create diplomatic and consular posts, as well as "to define and punish piracies and felonies committed on the high seas, and offences against the law of nations." Congress also exercises control over immigration and naturalization.

Economic interests. Congress may regulate commerce with foreign countries, among the several states, and with the Indian tribes. The exclusive power to coin money, and otherwise control the monetary system, is vested in Congress. Congress may make uniform laws on bankruptcy throughout the United States, and fix the standards of weights and measures. The establishment of post offices and post roads, and the protection of authors and inventors through legislation on patents and copyrights, are also functions of Congress.

Territories. Congress has the power to dispose of, and make all needful rules and regulations respecting, the territory or other property belonging to the United States. Congress likewise exercises exclusive control over the District of Columbia, and over all places purchased by the Federal government for the erection of forts, arsenals, and similar buildings. Congress also has the right to determine the admission to the Union of new states, and "to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States."

Crime. In criminal matters the power of Congress is slight. For example, it cannot say what constitutes treason, since that crime is defined by the Constitution. However, Congress may provide for the punishment of counterfeiters and persons committing crimes on the high seas or offences against international law. It may also define certain crimes against Federal law, and prescribe penalties therefor.

Control over the judiciary. The judiciary is an independent branch of government, but Congress may determine the number of Supreme Court judges, fix their salaries within certain limits, and define their appellate jurisdiction. Congress may also determine the jurisdiction, and define the procedure, of the inferior Federal courts.

Implied powers. Last among the powers of Congress is the authority granted to it by the Constitution to make all laws which shall be deemed necessary and proper for carrying into execution the powers expressly granted to Congress by the Constitution. It is under the authority of this clause, that the implied powers of Congress have been so greatly expanded.

QUESTIONS ON THE TEXT

1. What influences are responsible for the fact that Congress is a two-chambered body?

2. Discuss the term and qualifications of Senators.

3. How were Senators elected prior to 1913? How are they elected at the present time?

4. What are the chief privileges and immunities of Senators?

5. Discuss the membership of the House of Representatives.

6. What is the nature of the Congressional district?

7. What are the qualifications for Representatives?

8. Who may vote for Representatives?

9. What is gerrymandering?

10. What three powers are exercised exclusively by the Senate?

11. What are the special powers of the House?

12. Under what two heads may the general powers of Congress be classified?

13. Outline briefly the chief powers of Congress.

REQUIRED READINGS

1. Beard, American Government and Politics, chapter xiii.

2. Guitteau, Government and Politics in the United States, chapters xxii and xxiii.

3. Munro, The Government of the United States, chapter xiv.

4. Reed, Form and Functions of American Government, chapter xxi.

QUESTIONS ON THE REQUIRED READINGS

1. What was the Connecticut compromise? (Guitteau, pages 248-249.)

2. Why does the Constitution provide that one third of the Senate shall retire every second year? (Reed, page 255.)

3. What criticism has been brought against the principle of the equal representation of states in the Senate? (Guitteau, page 249.)

4. Compare the growth of the Senate with the growth of the House of Representatives. (Reed, page 258.)

5. What is the relative position of the two houses of Congress? (Reed, pages 257-258.)

6. What is the right to "frank"? (Reed, page 258.)

7. What are the "supplementary" powers of Congress? (Munro, page 217.)

8. What are the powers of Congress with respect to weights and measures? (Beard, page 259.)

9. What was Jefferson's attitude toward the powers of Congress? (Munro, page 209.)

10. What is the scope of the implied powers of Congress? (Munro, page 214.)

TOPICS FOR INVESTIGATION AND REPORT

1. Congressional districts in your state.

2. The biography of one of the Senators representing your state in Congress.

3. Make a study of your Representatives in Congress, with respect to their age, length of service, political principles, and attitude toward such national questions as the tariff, military defense and taxation.

4. A brief comparison of Congress with your state legislature.

5. Place of the Senate in our National government. (Reinsch, Readings on American Federal Government, pages 127-134.)

6. The House of Representatives in the United States compared with the British House of Commons. (Kaye, Readings in Civil Government, pages 149-155.)

7. Gerrymandering. (Beard, Readings in American Government and Politics, pages 219-220; see any other standard text on American Government.)

8. The immunities of Congressmen. (Cleveland, Organized Democracy,