Section Ii.--House of Representatives.[1]

Clause 1.--Composition and Term.

The house of representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.

So called because it represents the people.

The term under the confederation had been one year. This was too short to permit any adequate study of the subjects to be legislated upon. This longer term, two years, is still short enough to impose upon representatives the feeling of responsibility.

The term begins March 4, at noon. The time covered by a representative's term is called a congress; thus we speak of the fortieth congress, meaning the fortieth two years of our constitutional existence. The name also applies to the body constituting our national legislative department during that time. Thus we say that a certain person is a member of congress.

"A congress" includes two regular sessions and any number of extra sessions which the president may see fit to call or which may be provided for by law. The first regular session is called "the long session," because congress may remain in session through the summer, if it choose. The second is called "the short session," because it must end March 4, at noon. Expiring thus by limitation, it lasts not more than about three months.

The word people here means voters.

Each state is divided by its legislature into congressional districts equal in number to the representatives to which it is entitled, and the people of each district elect one representative. Sometimes when a state has its representation increased after a new census, the old congressional districts are left for a time undisturbed, and the added representatives are elected "at large," while the others are chosen by districts as before.

Voters.

The qualifications for voting in any state are fixed by the state itself, and different states require different qualifications. When the constitution was framed, but not now, some states required higher qualifications in voters for the upper house of the state legislature than in voters for the lower; so that more persons could vote for members of the lower, which is always the "most numerous" branch, than for the higher. Desiring to make the United States house of representatives as "popular" as possible, the framers of the constitution determined that all whom any state was willing to trust to vote for a member of the lower house of the state legislature, the United States could trust to vote for members of its lower house.

Clause 2.--Qualifications.

No person shall be a representative who shall not have attained the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall he chosen.

For business and voting purposes a man "comes of age" at twenty-one years. Four years of probation are considered the least amount of time necessary to fit him for the responsibilities of a member of the house of representatives.

A born citizen will at twenty-five years of age have been a citizen for twenty-five years. A naturalized citizen must have lived in the United States for at least twelve years, [Footnote: Eight years in the case of an honorably discharged soldier who may become a citizen on one year's residence.] five years to become a citizen and seven years afterwards, before being eligible to the house of representatives. These twelve years will have given him time to become "Americanized."

Residence in the state is required in order that the state may be represented by persons interested in its welfare. No length of time is specified, however. Residence in the district is not required by the constitution, because the distribution of representatives within a state is left to the state itself. A person may be chosen to represent a district in which he does not live, and this has been done in a few instances. One does not lose his seat by moving from the district or even from the state, but propriety would impel resignation.

WHO MAY NOT BE REPRESENTATIVES.

1. Persons holding any office under the United States. [I., 6, 2.]

2. Persons who by engaging in rebellion against the United States have violated their oath to support the constitution, unless the disability be removed. [Am. XIV., 3.]

Clause 3.--Apportionment.

The parts of this clause enclosed in brackets are now obsolete.

Representatives and direct taxes shall be apportioned among the several states which may be included within this Union, according to their respective numbers, [which shall he determined by adding to the whole number of free persons including those bound to service for a number of years, and] excluding Indians not taxed, [three-fifths of all other persons.] The actual enumeration shall he made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative, [and until such enumeration shall he made, the State of New Hampshire, shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.]

These are like the usual local taxes; that is, "poll" taxes and taxes on real and personal property. A tax on incomes derived from such property was, in May, 1895, declared by the United States Supreme Court to be a direct tax. United States direct taxes have been laid only in 1798, 1813, 1815, 1816, 1862.

The revolutionary war had just been fought to maintain the principle, "taxation and representation go hand in hand," and this provision was made in harmony therewith. The including of direct taxes was a concession to the slaveholding states.

Men, women and children. Apprentices.

Slaves. The framers of the constitution did not like to use the word "slave," and therefore used this expression. Most of them, even the slaveholders, hoped that slavery would soon cease to be.

In determining the persons to be enumerated, much difficulty was encountered. The slaveholding states wished the slaves counted as individuals, claiming that they had as much right to be represented as had women, children and other non-voters. The non-slaveholding [Footnote: In all the states except Massachusetts slavery then existed. But in the northern states the number of slaves was so small, that we may call them "non-slaveholding."] states thought that being held as property they should not be counted at all for purposes of representation. This provision in the constitution was the outcome,--another compromise.

Called the Census. The prime purpose in taking the census is to find out the number of people in each state, so that representation may be equalized. But the census takers collect at the same time a vast amount of other useful information upon the agriculture, manufactures, commerce, etc., of the country. Reports of the census are published by the government for gratuitous distribution.

The first meeting of congress was held in 1789, and the first census was taken in 1790.

To prevent the House from becoming too large. But the population of the United States has constantly and rapidly increased, so that the "ratio of representation," as it is called, has been made greater at each census. It now takes 173,901 people to secure a representative. (For ratio in each decade, see pages 312-13.)

So that even the smallest states shall be represented.

Clause 4.--Vacancies.

When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.

Vacancies usually happen through the death or resignation of the incumbent. But a vacancy may be made by the expulsion of a member or by the election of an ineligible person.

The governor or acting governor.

That is, he orders an election. The order is printed in the newspapers of the district, and specifies the time the election is to be held. At the time specified the electors vote as in regular elections. This is called a "special election."

The person elected serves for the unexpired term.

_Clause 5.--House Powers.

The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment._

Called so in imitation of the title of the presiding officer of the British House of Commons, who was originally called the speaker because he acted as spokesman in communicating to the king the wishes of the House.

The speaker is chosen by ballot from among the members, and serves during the pleasure of the House. At the beginning of each congress a new election is held. A speaker may be re-elected. Henry Clay served as speaker for ten years.

The duties of the speaker are prescribed by the rules of the House. So far, he has always appointed the committees. As the work of legislation is largely shaped by committees, it may be fairly asked whether any one else can so affect the legislation of the country as can the speaker--whether, indeed, he has not too much power.

The most important "other officers" are the clerk and the sergeant-at-arms.

The clerk, as his title would indicate, has charge of the records of the House. He has a number of assistants.

The sergeant-at-arms acts under the orders of the speaker in keeping order and in serving processes. His duties in the House resemble those of the sheriff in court.

The doorkeeper, postmaster, and chaplain, have duties indicated by their titles.

These officers are elected by the House and serve during its pleasure, usually two years. Assistants are appointed by the officers whom they assist.

None of these officers are members of the House.

An impeachment is a solemn accusation in writing, formally charging a public officer with crime. "The articles of impeachment are a sort of indictment; and the House, in presenting them, acts as a grand jury, and also as a public prosecutor." [Footnote: Story's Exposition of the Constitution of the United States.]

For further discussion of impeachment, see pages 138, 203 and 331. A very interesting account of the impeachment trial of Secretary Belknap is given in Alton's Among the Lawmakers, pages 245-250. Mr. B. is hidden under a fictitious name.

On impeachment, see also Wilson's Congressional Government, page 275.

WRITTEN EXERCISE.

Each member of the class should prepare a tabulation like this, filling out the blanks briefly.

HOUSE OF REPRESENTATIVES.

I. NUMBER-- 1. Based upon. 2. Limitations. (a) (b) II. QUALIFICATIONS. 1. 2. 3. 4. 5. III. ELECTION-- IV. TERM-- Y. VACANCY--

Pertinent Questions.

What is a constitution? A law? A preamble? How many of the reasons assigned in the preamble for establishing this government are general and how many are special?

How many houses do most legislative bodies have? How many did the congress under the confederation have? Why? Why has congress two houses?

How many representatives has this state in the U.S. congress? Give their names by districts. In which district do you live? When was your representative elected? By the census of 1880, Alabama had a population of 1,262,505; how many representatives should it have? Nevada had only 62,261 inhabitants, but has a representative; how do you account for the fact? What proportion of U.S. officers are elected?

What is the "most numerous branch" of this state's legislature called? What qualifications must electors to that house have? Whom else can such persons therefore vote for? If this state desired higher qualifications in electors for United States representatives, how could she require them? Should not the United States designate the qualifications of voters for members of congress? May one who is not a citizen of the United States vote for a member of congress?

What is the number of the present congress? When did it begin? How many members in the present House of Representatives? Just how was that number determined? Name the speaker. What political party is in the majority in the present House? Is congress now in session?

Must a representative reside in the district from which he is chosen? If your representative should move to another state, would he lose his seat? If a person twenty-four years and ten months old at the time of election should be chosen representative, would he be eligible?

How long must an alien live in the United States to be eligible to the house? Is there any exception?

If $13,000,000 were to be raised for the use of the United States by direct taxation, how much would this state have to pay? How much would Alaska have to pay? How would this state raise the money?

Are there any people in this state who are not counted in making up the representative population?

When was the first United States census taken? How many have since been taken? When was the last taken? When will the next be taken?

How did members of congress vote under the confederation? How do they now vote?

How is Utah represented in congress? The District of Columbia?

What five states had the largest representation in the first congress? What five have now? Which two have fewer members now than in the first congress? Which three have just the same number?

Name the present officers of the House of Representatives. Are any of them from this state?

How does our House of Representatives compare with the British House of Commons in the number of members? In the length of their terms? In the age required for eligibility? What famous speech have you read in reply to one in which a certain member of the House of Commons had been alluded to contemptuously as "a young man?"

Could one who is not a voter be elected to the house? Is a woman eligible? Could the state impose other qualifications than those mentioned in the constitution?