[House Document 106-216]
[From the U.S. Government Printing Office]
106th Congress H. Doc.
2d Session 106-216
_______________________________________________________________________
OUR AMERICAN GOVERNMENT
2000 Edition
Printed by authority of H. Con. Res. 221, 106th Congress
H. Con. Res. 221 Agreed to January 31, 2000
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday, the thirty-first
day of January, two thousand
Concurrent Resolution
Resolved by the Senate (the House of Representatives
concurring),
(a) In General.--An edition of the brochure entitled ``Our
American Government'', as revised under the direction of the
Parliamentarian of the House of Representatives in consultation
with the Parliamentarian of the Senate, shall be printed as a
House document under the direction of the Joint Committee on
Printing.
(b) Additional Copies.--In addition to the usual number,
there shall be printed the lesser of--
(1) 550,000 copies of the document, of which 440,000
copies shall be for the use of the House of
Representatives, 100,000 copies shall be for the use of
the Senate, and 10,000 copies shall be for the use of
the Joint Committee on Printing; or
(2) such number of copies of the document as does not
exceed a total production and printing cost of
$412,873, with distribution to be allocated in the same
proportion as described in paragraph (1), except that
in no case shall the number of copies be less than 1
per Member of Congress.
Attest:
Gary L. Sisco,
Secretary of the Senate.
Attest:
Jeff Trandahl,
Clerk of the House of Representatives.
C O N T E N T S
Page
Foreword......................................................... V
Democracy and Its American Interpretation........................ 1
The Constitution................................................. 2
The Legislative Branch........................................... 6
The Congress..................................................... 6
Members, Offices, and Staff.................................. 6
Congressional Process and Powers............................. 21
Congressional Rules and Procedures........................... 24
The Committee System......................................... 33
The Executive Branch............................................. 38
The President and Vice President............................. 40
The Executive Departments and Agencies....................... 50
The Independent Agencies and Commissions......................... 52
The Judicial Branch.............................................. 53
The Courts of the United States.............................. 53
The Justices and Judges...................................... 55
The Electoral Process............................................ 56
Information Resources............................................ 65
Appendices
Glossary of Legislative Terms.................................... 75
Selective Bibliography and References............................ 82
State Population and House Apportionment......................... 85
House and Senate Political Divisions............................. 86
The Declaration of Independence.................................. 89
Constitution of the United States................................ 93
Amendments to the Constitution............................... 105
Proposed Amendments to the Constitution Not Ratified by the
States..................................................... 121
Index............................................................ 125
FOREWORD
The Committee on House Administration is pleased to present
this revised book on our United States Government.
This publication continues to be a popular introductory
guide for American citizens and those of other countries who
seek a greater understanding of our heritage of democracy. The
question-and-answer format covers a broad range of topics
dealing with the legislative, executive, and judicial branches
of our Government as well as the electoral process and the role
of political parties.
William M. Thomas, Mitch McConnell,
Chairman. Vice Chairman.
OUR AMERICAN GOVERNMENT
----------
DEMOCRACY AND ITS AMERICAN INTERPRETATION
1. What is the purpose of the U.S. Government?
The purpose is expressed in the preamble to the
Constitution: ``We the People of the United States, in Order to
form a more perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defense, promote the
general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.''
2. What form of government do we have in the United States?
The United States, under its Constitution, is a federal,
representative, democratic republic, an indivisible union of 50
sovereign States. With the exception of town meetings, a form
of pure democracy, we have at the local, state, and national
levels a government which is: ``federal'' because power is
shared among these three levels; ``democratic'' because the
people govern themselves and have the means to control the
government; and ``republic'' because the people choose elected
delegates by free and secret ballot.
3. What is the role of the citizen in our Government?
The United States today is even more of a participatory
democracy than was envisioned by the Founders when they
established a government ``of the people, by the people, and
for the people,'' as President Abraham Lincoln later described
it. Along with the constitutional responsibilities which
accompany citizenship, such as obeying laws and paying taxes,
the citizen is afforded a wide range of rights and
opportunities to influence the making of public policy by the
Government.
At the most basic level, the right to vote gives the
citizen a chance to help select those who will ultimately be
responsible for determining public policy. Beyond casting the
ballot, a citizen may actively assist in nominating and
electing preferred public officials through volunteer
activities and campaign donations. The participation of
citizens in the electoral process contributes greatly to the
sense of legitimacy of the Government.
Citizen involvement in the Government need not be
manifested only during election campaigns. Legislators are
accustomed to hearing from constituents expressing opinions
about issues of the day, and procedures exist that mandate that
executive agencies allow time for public comment before
proposed regulations become final. Individuals may also join
with others who hold similar views to make the most of their
influence with Government on particular issues; this is how
interest groups or political action committees are established
and the lobbying process begins.
4. What contributions has our country made to the institution of
government?
Some of the U.S. contributions to the institution of
government are as follows: a written constitution, an
independent judiciary to interpret the Constitution, and a
division of powers between the Federal and State Governments.
THE CONSTITUTION
5. What is the Constitution?
The Constitution is the basic and supreme law of the United
States. It prescribes the structure of the U.S. Government,
provides the legal foundation on which all its actions must
rest, and enumerates and guarantees the rights due all its
citizens.
The Constitution is a document prepared by a convention of
delegates from 12 of the 13 States that met at Philadelphia in
1787. The original charter, which replaced the Articles of
Confederation and which became operative in 1789, established
the United States as a federal union of States, a
representative democracy within a republic. The framers
provided a Government of three independent branches. The first
is the legislature, which comprises a two-house or bicameral
Congress consisting of a Senate, whose Members are apportioned
equally among the States, and a House of Representatives, whose
Members are apportioned among the States according to
population. The second, the executive branch, includes the
President and Vice President and all subordinate officials of
the executive departments and executive agencies. The third
branch, the judiciary, consists of the Supreme Court and
various subordinate Federal courts created by public law.
The 27 amendments approved since 1791 are also an integral
part of the Constitution. These include amendments 1 through
10, known collectively as the Bill of Rights, and amendments 11
through 27, which address a wide range of subjects. At the
present time, four amendments without ratification deadlines
are pending before the States. These deal with congressional
apportionment, child labor, titles of nobility from foreign
powers, and certain States rights (in a pre-Civil War
proposal). In addition, the ratification deadlines expired on
two proposed amendments, which had been approved by Congress in
the 1970s: i.e., equal rights for women and men and voting
representation for the District of Columbia in the Senate and
House.
6. What were the basic principles on which the Constitution was framed?
The framers of the Constitution debated and agreed to the
following six basic principles:
1. That all States would be equal. The National
Government cannot give special privileges to one State.
2. That there should be three branches of
Government--one to make the laws, another to execute
them, and a third to interpret them.
3. That the Government is a government of laws, not
of men. No one is above the law. No officer of the
Government can use authority unless and except as the
Constitution or public law permits.
4. That all men are equal before the law and that
anyone, rich or poor, can demand the protection of the
law.
5. That the people can change the authority of the
Government by changing (amending) the Constitution.
(One such change provided for the election of Senators
by direct popular vote instead of by State
legislatures).
6. That the Constitution, and the laws of the United
States and treaties made pursuant to it, are ``the
supreme Law of the Land.''
7. What is the Bill of Rights?
The Bill of Rights is a series of constitutionally
protected rights of citizens. The first 10 amendments to the
Constitution, ratified by the required number of States on
December 15, 1791, are commonly referred to as the Bill of
Rights. The first eight amendments set out or enumerate the
substantive and procedural individual rights associated with
that description. The 9th and 10th amendments are general rules
of interpretation of the relationships among the people, the
State governments, and the Federal Government. The ninth
amendment provides that the ``enumeration in the Constitution,
of certain rights, shall not be construed to deny or disparage
others retained by the people.'' The 10th amendment reads:
``The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people.''
8. What are the rights enumerated in the Bill of Rights?
Right to freedom of religion, speech, and press
(Amendment I);
Right to assemble peaceably, and to petition the
Government for a redress of grievances (Amendment I);
Right to keep and bear arms in common defense
(Amendment II);
Right not to have soldiers quartered in one's home in
peacetime without the consent of the owner, nor in time
of war except as prescribed by law (Amendment III);
Right to be secure against ``unreasonable searches
and seizures'' (Amendment IV);
Right in general not to be held to answer criminal
charges except upon indictment by a grand jury
(Amendment V);
Right not to be put twice in jeopardy for the same
offense (Amendment V);
Right not to be compelled to be a witness against
oneself in a criminal case (Amendment V);
Right not to be deprived of life, liberty, or
property without due process of law (Amendment V);
Right to just compensation for private property taken
for public use (Amendment V);
Right in criminal prosecution to a speedy and public
trial by an impartial jury, to be informed of the
charges, to be confronted with witnesses, to have a
compulsory process for calling witnesses in defense of
the accused, and to have legal counsel (Amendment VI);
Right to a jury trial in suits at common law
involving over $20 (Amendment VII);
Right not to have excessive bail required, nor
excessive fines imposed, nor cruel and unusual
punishments inflicted (Amendment VIII).
9. How may the Constitution be amended?
Amending the Constitution involves two separate processes.
First, amendments may be proposed on the initiative of
Congress (by two-thirds affirmative vote in each House) or by
convention (on application of two-thirds of the State
legislatures). So far, a convention has never been called.
The second step is ratification of a proposed amendment. At
the discretion of Congress, Congress may designate ratification
either by the State legislatures or by conventions.
Ratification requires approval by three-fourths of the States.
Out of the 27 amendments, only one (the 21st, ending
Prohibition) has been ratified by State conventions.
The first 10 amendments (ratified in 1791) were practically
a part of the original instrument. The 11th amendment was
ratified in 1795, and the 12th amendment in 1804. Thereafter,
no amendment was made to the Constitution for 60 years. Shortly
after the Civil War, three amendments were ratified (1865-70),
followed by another long interval before the 16th amendment
became effective in 1913. The most recent amendment, the 27th,
was ratified on May 7, 1992. At the present time, there are
four amendments pending before the States that were proposed
without ratification deadlines.
10. How long may a proposed amendment to the Constitution remain
outstanding and open to ratification?
The Supreme Court has stated that ratification must be
within ``some reasonable time after the proposal.'' Beginning
with the 18th amendment, it has been customary for Congress to
set a definite period for ratification. In the case of the
18th, 20th, 21st, and 22nd amendments, the period set was 7
years, but there has been no determination as to just how long
a ``reasonable time'' might extend.
In the case of the proposed equal rights amendment, the
Congress extended the ratification period from 7 to
approximately 10 years; but the proposed Amendment was never
ratified.
The ``reasonable time'' doctrine recently arose, as well,
in connection with an amendment pertaining to congressional
pay, proposed in 1789 without a ratification deadline. The 38th
State, Michigan, ratified this amendment on May 7, 1992-203
years after its proposal. The amendment was certified by the
Archivist of the United States, since it did not carry a term
limitation, as the 27th Amendment to the Constitution.
11. What is the ``lame duck'' amendment?
The ``lame duck'' amendment is the popular name for the
20th amendment to the Constitution, ratified on February 6,
1933. It is designed to limit the time that elected officials
can serve after the general election in November. This
amendment provides, among other things, that the terms of the
President and Vice President end at noon on January 20, the
terms of Senators and Representatives end at noon on January 3,
and the terms of their successors then begin.
Prior to this amendment, the annual session of Congress
began on the first Monday in December (Article 1, Section 4).
Since the terms of new Members formerly did not begin until
March 4, Members who had been defeated or did not stand for
reelection in November continued to serve during the lame duck
session from December until March 4. Adoption of the 20th
amendment has reduced but not eliminated legislation by a
Congress that does not represent the latest choice of the
people. For instance, 11 of the 33 Congresses from 1933 to 1999
(73rd through the 105th Congress) continued to meet after the
November general elections.
12. Have any amendments to the Constitution been repealed?
Only one, the 18th amendment (Prohibition), ratified in
early 1919, was repealed by the 21st amendment in late 1933.
13. What is meant by the ``separation of powers'' and ``checks and
balances'' in the Federal Government?
The separation of powers and checks and balances are two
fundamental principles underlying the Constitution. They work
together to prevent a tyrannous concentration of power in any
one branch, to check and restrain Government, and, ultimately,
to protect the rights and liberties of citizens.
The Constitution contains provisions in separate articles
for the three branches of Government--legislative, executive,
and judicial. There is a significant difference in the grants
of authority to these branches, each of which is also given an
independent base of political power. The First Article, dealing
with legislativepower, vests in Congress ``All legislative
Powers herein granted''; the Second Article vests ``The executive
Power'' in the President; and the Third Article states that ``The
judicial Power of the United States shall be vested in one Supreme
Court, and in such inferior Courts as the Congress may from time to
time ordain and establish.'' In addition to this separation and
independence among the three branches, the Constitution sets up
``auxiliary precautions,'' as James Madison called them in the
Federalist Papers, that allow each branch to check and balance the
others. For instance, the President can veto bills approved by Congress
and nominates individuals to the Federal judiciary; the Supreme Court
can declare a law enacted by Congress or an action by the President
unconstitutional; and Congress can impeach and remove the President and
Federal court justices and judges.
THE LEGISLATIVE BRANCH
THE CONGRESS
14. What is Congress?
The Congress of the United States is the legislative
(lawmaking) and oversight (Government policy review) body of
our National Government, and consists of two Houses--the Senate
and the House of Representatives.
Members, Offices, and Staff
15. What qualifications are prescribed for a Member of Congress?
The Constitution (Article 1, Section 2 for the House and
Section 3 for the Senate) prescribes qualifications for Members
of Congress.
A Member of the House of Representatives must be at least
25 years of age when entering office, must have been a U.S.
citizen for at least seven years, and must be a resident of the
State in which the election occurred.
A Member of the U.S. Senate must be at least 30 years of
age to enter office, must have been a U.S. citizen for nine
years, and must be a resident of the State in which the
election occurred.
16. What is the term of a Congress and how often must it meet?
A Congress begins at noon, January 3 of each odd-numbered
year following a general election, unless by law a different
day is designated. A Congress lasts for two years, with each
year normally constituting a separate session.
The Legislative Reorganization Act of 1970 requires
Congress to adjourn sine die not later than July 31 of each
year unless there is a declared war, or unless Congress
otherwise provides. In odd-numbered years, Congress must take
an August recess if it fails to adjourn by July 31.
Neither the House nor the Senate may adjourn for more than
three days (excluding Saturdays, Sundays, and holidays) without
the concurrence of the other Chamber. It has also become a
common practice for Congress to adjourn after making provision
for the House and Senate leaders to summon Congress back into
session in emergency circumstances. Similarly, the Constitution
grants the President the authority to summon the Congress for a
special session if circumstances require.
17. How many Members does each State have in the Senate and House of
Representatives?
Each State, under the Constitution, is entitled to two
Senators, each serving a six-year term, and at least one
Representative, serving a two-year term. Additional House seats
are apportioned on the basis of State population. (See State
Population and House Apportionment table in Appendix.)
18. What is the size of the House of Representatives and how is it
determined?
The membership of the House of Representatives is fixed in
law at 435 Members representing the 50 States. In addition to
the 435 Representatives, there is one Delegate for each of the
following: the District of Columbia, the Virgin Islands, Guam,
and American Samoa (each elected for a two-year term); as well
as a Resident Commissioner from Puerto Rico (elected for a
four-year term). The Delegates and the Resident Commissioner
can sponsor legislation and vote in committees, but not in the
House Chamber.
The Constitution entitles each State to at least one
Representative. Beyond this minimum, Representatives are
apportioned among the States according to population.
Population figures used for apportionment are determined on the
basis of each 10-year census. (Following the 1990 census, the
average district size was about 570,000 people). Since 1941,
Congress has used the method of ``equal proportions'' to
calculate actual apportionment, in order to minimize the
differences in district populations among the States.
19. Who defines the congressional districts--the Federal Government or
the States?
Congress fixes the size of the House of Representatives,
and the procedure for apportioning the number of
Representatives among the States, and the States themselves
proceed from there. State legislatures pass laws defining the
physical boundaries of congressional districts, within certain
constraints established by Congress and the Supreme Court
(through its reapportionment and redistricting rulings). Each
State is apportioned its number of Representatives by means of
the Department of Commerce's decennial census.
In the very early years of the Republic, most States
elected their Representatives at large. The practice of
dividing a State into districts, however, was soon instituted.
Congress later required that Representatives be elected from
``districts composed of a contiguous and compact territory,''
but this requirement is no longer in Federal law.
The redistricting process has always been provided for by
State law, but Congress can choose to exercise greater
authority over redistricting. In 1967, for example, Congress by
law prohibited at-large elections of Representatives in all
States entitled to more than one Representative. Today, all
States with more than one Representative must elect their
Representatives from single-Member districts.
20. What is a Member of Congress?
A Member of Congress is a person serving in the Senate or
the House of Representatives. A Member of the Senate is
referred to as Senator, and a Member of the House of
Representatives, as Representative or Congressman or
Congresswoman.
21. What is a Delegate or Resident Commissioner, as distinguished from
a Representative?
The office of Delegate was established by ordinance from
the Continental Congress (1774-89) and confirmed by a law of
Congress. From the beginning of the Republic, accordingly, the
House of Representatives has admitted Delegates from
Territories or districts organized by law. Delegates and
Resident Commissioners may participate in House debate but they
are not permitted to vote on the floor. All serve on committees
of the House and possess powers and privileges equal to other
Members in committee, including the right to vote in committee.
Currently, there are four Delegates in the House and one
Resident Commissioner.
22. What oath of office is required for Members of Congress, and when
is it administered?
Article VI of the U.S. Constitution requires that Members
of Congress, and all executive and judicial officers, shall be
bound by oath or affirmation to support the Constitution. The
oath of office is as follows: ``I, AB, solemnly swear (or
affirm) that I will support and defend the Constitution of the
United States against all enemies, foreign or domestic; that I
will bear true faith and allegiance to the same; that I take
this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to
enter. So help me God.''
Representatives take the oath of office on the first day of
the new Congress, immediately after the House has elected its
Speaker. Those Senators elected or reelected the previous
November take the oath of office as the first item of business
when the Senate convenes the following January. Representatives
elected in special elections during the course of a Congress,
and Senators appointed to fill a vacancy in the Senate,
generally take the oath of office on the floor of their
respective Chamber when the Clerk of the House or the Secretary
of the Senate has received formal notice of the new Member's
election or appointment from State government authorities. On
rare occasions, because of illness or other circumstances, a
Member-elect has been authorized to take the oath of office at
a place other than the House or Senate Chamber. In those
circumstances, the Clerk of the House or Secretary of the
Senate sees to the proper administration of the oath.
23. In the event of the death, resignation, or declination (refusal to
serve) of a Member of Congress, how is the vacancy filled?
The Constitution (Article II, Section 2, Clause 4) requires
that all vacancies in the House of Representatives be filled by
election. All States require special elections to fill any
House seat that becomes vacant during the First Session of a
Congress. Procedures governing vacancies occurring during the
Second Session of a Congress differ from State to State, and
are largely dependent on the amount of time intervening between
the vacancy and the next general election.
In the Senate, when a vacancy occurs for any reason, the
17th Amendment directs the Governor of the State to call an
election to fill such vacancy, and authorizes the legislature
to make provision for an immediate appointment pending such
election. Among the States, only Arizona does not allow the
Governor to make interim appointments, requiring, instead, a
special election to fill any Senate vacancy. Prevailing
practice in the States is that a special election to fill the
vacancy is scheduled to be held at the time of the next
statewide general election.
24. How can Members of Congress be removed from office or punished for
misconduct?
It is generally understood in Congress that the impeachment
process stipulated in the Constitution, which involves both
House and Senate actions, applies only to the removal of the
President, Vice President, Supreme Court Justices, and Federal
judges, and civil officers of the U.S. Government, and not to
the removal of Members of Congress from office. The
Constitution states that ``Each House shall be the Judge of the
. . . Qualifications of its own Members . . . [and may] punish
its Members for disorderly Behaviour, and with the Concurrence
of two thirds, expel a Member.'' Thus, disciplinary actions
taken against a Member are a matter of concern for that House
acting alone.
Each Chamber has established a committee charged with
reviewing allegations of misconduct against its Members: the
House Committee on Standards of Official Conduct and the Senate
Ethics Committee. The Rules of the House and Senate also
contain a Code of Official Conduct. The ethics committees
review charges against a Member filed by another Member or by a
private citizen.
The most severe punishment that can be imposed by either
the House or Senate is the expulsion of the offending Member.
This action requires, constitutionally, an affirmative vote of
two-thirds of the Members of the Chamber voting, a quorum being
present. Alternatively, the House may vote to ``censure'' a
Member for misconduct. This requires only a majority vote, and,
under party rules in the House, a censured Member automatically
loses any committee or party leadership positions held during
that Congress. In the Senate, the terms ``censure'' and
``denunciation'' are used almost interchangeably for violations
of this magnitude.
A less severe form of disciplinary action in both the House
and Senate is a ``reprimand,'' again imposed by a Chamber by a
simple majority vote. Typically,reprimands are reserved for
ethical violations that are minor, or appear to be inadvertent or
unintentional on the part of the Member.
Additionally, Members of Congress are subject to
prosecution for treason, felony, or breach of the peace.
Generally, when a Member has been indicted for a felony, a
``leave of absence'' from any party or committee leadership
position must be taken so long as the charges are pending.
Usually, the House or Senate will not initiate internal
disciplinary action until the criminal proceedings against the
Member have been completed.
25. Are Members of Congress, to some extent, privileged from arrest?
Article 1, Section 6 of the Constitution states that
Senators and Representatives ``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.'' The phrase ``Treason, Felony, and Breach of the Peace''
has been construed to mean all indictable crimes, and the
Supreme Court has held that the privilege against arrest does
not apply in any criminal cases.
26. Who are the officers of the House and how are they chosen?
Elected officers include the Speaker, Clerk, Sergeant at
Arms, Chief Administrative Officer (CAO), and Chaplain. Another
officer, the Inspector General, is appointed jointly by the
Speaker, Majority Leader, and Minority Leader. Each of these
officers appoints the employees provided by law for his or her
department. (For an overview of the House's leadership and
administrative structure, see the accompanying graphic, House
of Representatives.)
The Constitution (Article 1, Section 2) says that the House
``shall chuse [sic] their Speaker and other officers''; i.e.,
the Members vote as they do on any other question, except that
in most cases it is strictly a party vote. Republicans and
Democrats both meet before the House organizes for a new
Congress, and choose a slate of officers. These two slates are
presented at the first session of the House, and the majority-
party slate can be expected to be selected. Traditionally, the
majority party's nominee for Chaplain is not contested. The
nominees for Clerk, Sergeant at Arms, CAO, and Chaplain are
elected by a tally recorded by the House's electronic voting
machine. For election of the Speaker, Members' names are called
alphabetically, and they respond by orally stating the name of
the candidate they prefer.
27. What are the duties of the officers and senior officials of the
House?
The officers and officials of the House are, except where
noted, elected by the House at the beginning of each Congress.
They are the principal managers for the House of essential
legislative, financial, administrative, and security functions.
Their duties are prescribed in House Rule II and in statutes.
The Clerk of the House.--The Clerk is the chief legislative
officer of the House. After each election, the Clerk receives
the credentials of newly elected Members and presides at the
opening of each new Congress pending the election of a Speaker.
The Clerk keeps the official Journal of House proceedings,
certifies all votes, and signs all bills and resolutions that
have passed the House. The Clerk's office supervises
legislative information resources in the House, the page
program, and units providing public documents to the press and
public.
The Sergeant at Arms.--The Sergeant at Arms is responsible
for maintaining order on the floor and in the galleries when
the House is in session. The office also maintains security in
the House side of the Capitol and in House office buildings and
facilities. As part of this responsibility, the House Sergeant
at Arms, along with his or her Senate counterpart and the
Architect of the Capitol, comprise the Capitol Police Board and
the Capitol Guide Board. In addition, the Sergeant at Arms is
charged with carrying out Section 5 of Article I of the
Constitution, which authorizes the House (and Senate) ``to
compel the Attendance of absent Members.''
The Chaplain.--The House Chaplain opens each daily House
session with a prayer and provides pastoral services to House
Members, their families, and staff. He also arranges for visits
by guest chaplains. Traditionally, the Chaplain retains his
post when party control of the House changes.
The Chief Administrative Officer (CAO).--The CAO is the
principal House officer responsible for the financial
management of House of Representatives accounts. Quarterly, his
office issues a public document identifying all expenditures
made by House Members, committees, and officers from
appropriated funds at their disposal. The CAO's office, in
addition to its financial management responsibilities, provides
a range of services to Member and committee offices, including
telecommunications, postal, and computer services, office
supply and maintenance services, payroll and accounting
services, employee counseling and assistance programs, and
supervises private vendors and contractors providing services
to the House.
The Inspector General (IG).--The Inspector General is the
chief investigative officer of the House. His office (either
through its own staff or through consultants) conducts periodic
audits of House financial and administrative offices and
operations. The IG's findings and recommendations are submitted
to the appropriate House offices, to the congressional
leadership, and to the House Administration Committee. The IG
serves a two-year term and is jointly appointed by the Speaker,
the Majority Leader, and the Minority Leader.
The General Counsel.--The General Counsel is the chief
legal advisor to the House, its leaders and officers, and to
its Members. The office represents the House, its Members, or
employees in litigation resulting from the performance of
official duties. The General Counsel is appointed by the
Speaker in consultation with a bipartisan legal advisory group,
which includes the Majority and Minority leaders.
The Historian.--By statute, the Office of the Historian
acts to preserve the historical records of the House and its
Members, to encourage historical research on the House, and to
undertake original research and writing on the history of the
House. The Historian is appointed by the Speaker. When the post
is vacant, other legislative branch organizations and offices
may perform some of these services and functions.
28. What are the duties of the Speaker?
The Speaker presides over the House, appoints chairmen to
preside over the Committee of the Whole, appoints all special
or select committees, appoints conference committees, has the
power of recognition of Members to speak, and makes many
important rulings and decisions in the House. The Speaker may
vote, but usually does not, except in case of a tie. The
Speaker and the Majority Leader determine the legislative
agenda for the House and often confer with the President and
with the Senate leadership.
29. Could a person other than an elected Representative in Congress
serve as Speaker of the House?
Technically, yes. There is no constitutional impediment to
such a selection. The House is empowered to choose its Speaker
and other officers without restriction. But this possibility is
unlikely, and indeed, the Speaker has always been a Member of
the House.
30. Who was the Speaker of the House of Representatives for the longest
period of time?
Sam Rayburn, of Texas, who was a Member of the House for 48
years and 8 months, served as Speaker for 17 years and 2
months. However, the record for longest continuous service as
Speaker is held by Thomas P. ``Tip'' O'Neill, of Massachusetts,
who served consecutively for 10 years, thus surpassing John
McCormack (8 years, 11 months, and 23 days); Champ Clark (7
years, 10 months, and 29 days); and Joseph G. Cannon (7 years,
3 months, and 24 days).
31. Who presides over the Senate?
The Constitution provides that ``the Vice President of the
United States shall be the President of the Senate'' (Article
1, section 3). As President of the Senate, the Vice President
presides over the Senate, makes parliamentary rulings (which
may be overturned by a majority vote of the Senate), and may
cast tie-breaking votes. At first, Vice Presidents presided on
a regular basis, but in recent years they are present in the
chair only when a close vote is anticipated, during major
debates, or on important ceremonial occasions (such as the
swearing in of newly elected Senators, or during joint
sessions). In the absence of the Vice President, the Senate
elects a President pro tempore (president ``for the time
being'') to preside. In recent decades it has become
traditional for this post to go to the senior Senator from the
majority party. The President pro tempore assigns other Members
of the majority party to preside by rotation during each day's
proceedings. These Senators and the President pro tempore
retain their rights to vote on all issues before the body and
to debate when they are not presiding.
32. Who are the officers of the Senate, how are they chosen, and what
are their duties?
By resolution, the Senate elects five officers: the
Secretary, Sergeant at Arms, Chaplain, Secretary for the
Majority, and Secretary for the Minority. (For an overview of
the Senate's leadership and administrative structure, see the
accompanying graphic, United States Senate.)
Secretary of the Senate.--As the Senate's chief
administrative officer, the Secretary supervises offices and
services supporting the Senate's day-to-day operations,
including those of the Parliamentarian and the legislative and
executive business clerks responsible for processing
legislative documentation. Among the other offices supervised
by the Secretary are the Senate Library, the Senate Historical
Office, curatorial and conservation offices, and the offices of
the reporters of debates and of the Daily Digest. The Secretary
officially certifies the bills and resolutions passed by the
Senate, records Senator's oaths of office, records the
registration of lobbyists, and administers the Federal election
records required to be filed by senatorial candidates.
Sergeant at Arms.--The Sergeant at Arms is the chief law
enforcement and security officer of the Senate, charged with
enforcing Senate rules and regulations in the Chamber, and in
Senate office buildings. The Sergeant at Arms implements orders
of the Senate, including locating absent Senators and, when so
directed, making arrests. The Sergeant at Arms notified
President Andrew Johnson in 1868 and President William
Jefferson Clinton in 1999 of impeachment charges to be tried in
the Senate. As the Senate's protocol officer, the Sergeant at
Arms escorts the President and other dignitaries during
official visits to the Capitol, leads formal processions during
Senate ceremonies, and arranges funerals for Senators who die
in office. The Sergeant at Arms supervises many Senate support
services, including the Senate Computer Center; the Service
Department; Senate postal and telecommunications services,
gallery services including pages, media galleries and services,
recording studios, doorkeepers, and Capitol tour guides, among
others.
Secretary for the Majority.--Generally nominated by the
Majority Leader with the approval of the majority conference
(the organizational body of all majority party senators), the
Secretary for the Majority oversees party activities in the
Senate Chamber and the majority cloakroom. The Secretary
supervises telephone pages and messengers, organizes meetings
of the majority conference, briefs Senators and staff on
pending measures and votes, and conducts polls of Senators when
requested by party leaders to determine Senators' views on
scheduling issues and pending Senate business.
Secretary for the Minority.--The Secretary for the Minority
is chosen in the same manner as is the majority secretary, that
is, by the minority leadership and conference. The duties of
the post are essentially the same as those of the majority
party secretary.
Chaplain.--Nominated in the conference of the majority-
party Senators, the full Senate elects the Senate Chaplain. The
Chaplain prepares and offers the conveningprayer each day the
Senate is in session; provides pastoral services to Senators, their
families and staffs; and supervises the scheduling of appearances by
guest chaplains. Traditionally, changes in party control do not
interrupt the tenure of the Chaplain of the Senate.
33. What are party Leaders?
The political parties in the House and Senate elect Leaders
to represent them on the floor, to advocate their policies and
viewpoints, to coordinate their legislative efforts, and to
help determine the schedule of legislative business. The
Leaders serve as spokespersons for their parties and for the
House and Senate as a whole. Since the Framers of the
Constitution did not anticipate political parties, these
leadership posts are not defined in the Constitution but have
evolved over time. The House, with its larger membership,
required Majority and Minority Leaders in the 19th century to
expedite legislative business and to keep their parties united.
The Senate did not formally designate party floor leaders until
the 1920s, although several caucus chairmen and committee
chairmen had previously performed similar duties. In both
Houses, the parties also elect assistant leaders, or ``Whips.''
The Majority Leader is elected by the majority-party conference
(or caucus), the Minority Leader by the minority-party
conference. Third parties have rarely had enough members to
need to elect their own leadership, and independents will
generally join one of the larger party organizations to receive
committee assignments. Majority and Minority Leaders receive a
higher salary than other Members in recognition of their
additional responsibilities.
34. Are the Majority Leaders elected by their respective Houses of
Congress?
No. Rather, Members of the majority party in the House,
meeting in caucus or conference, select the Majority Leader.
The minority-party Members, in a similar meeting, select their
Minority Leader. The majority and minority parties in the
Senate also hold separate meetings to elect their leaders.
35. What are the duties of the ``Whips'' of the Congress?
The Whips (of the majority and minority parties) keep track
of all politically important legislation and endeavor to have
all members of their parties present when important measures
are to be voted upon. When a vote appears to be close, the
Whips contact absent Members of their party, and advise them of
the vote. The Whips assist the leadership in managing the
party's legislative program on the floor of the Chambers and
provide information to party Members about important
legislative-related matters. The authority of the Whips over
party Members is informal; in the U.S. Congress, a Member may
vote against the position supported by a majority of the
Member's party colleagues because of personal opposition or
because of opposition evident within his or her constituency.
In most cases, parties take no disciplinary action against
colleagues who vote against the party position.
The Majority and Minority Whips in the House and Senate are
elected by party Members in that Chamber. In the House, with
its larger number of Members, the Majority and Minority Whips
appoint deputy whips to assist them in their activities.
36. What are party caucuses or party conferences and party committees?
A party caucus or conference is the name given to a
meeting, whether regular or specially called, of all party
Members in the House or Senate. The term ``caucus'' or
``conference'' can also mean the organization of all party
Members in the House or Senate. House Democrats refer to their
organization as a ``caucus.'' House and Senate Republicans and
Senate Democrats call their three organizations as
``conferences.'' The caucus or conference officially elects
party floor leaders, the party whips, and nominates each
party's candidates for the Speakership or President pro tempore
and other officers in the House or Senate. The chairs of the
party conferences and other subordinate party leaders are
elected by vote of the conference or caucus at the beginning of
each Congress. Regular caucus or conference meetings provide a
forum in which party leaders and rank-and-file party Members
can discuss party policy, pending legislative issues, and other
matters of mutual concern.
The party caucus or conference also traditionally
establishes party committees with specialized functions. Party
committees generally nominate party Members to serve on the
various committees of the House or Senate, subject to approval
by the caucus or conference. Policy committees generally
discuss party positions on pending legislation. Steering
committees generally plan the schedule of Chamber action on
pending legislation. Research committees conduct studies on
broad policy questions, generally before committees of the
House or Senate begin action on legislation. Campaign
committees provide research and strategy assistance to party
candidates for election to the House or Senate. The chairs of
party committees are generally elected by their respective
party caucus or conference; the exception is the House
Democratic Steering Committee, which is chaired by the Speaker
of the House (when the Democrats are in the majority) or by the
Democratic floor leader (when they are in the minority).
The caucus or conference may also decide to appoint ``task
forces'' to perform research on a new policy proposal, or to
assist the formal leadership in developing a party position on
important legislation. These ``task forces'' are traditionally
disbanded once their work has been completed.
37. What are caucuses, congressional Member organizations, and other
similar groups?
Congressional Member Organizations (CMOs), commonly
referred to as caucuses, are groups of Members of Congress
formed to pursue common legislative objectives. CMOs are
voluntary groups that have no legal or corporate identity. CMOs
take a variety of forms: some are comprised only of House
Members, some only of Senators, and some have a membership
drawn from both chambers. Many CMOs are bipartisan, having both
Republican and Democratic members. A number of CMOs have been
organized around state or regional issues and around subjects
concerned with fostering legislative attention to particular
policy topics. CMOs donot receive separate offices or
facilities; instead, they work out of individual Representatives' or
Senators' offices, using the staff and facilities provided to Members
of Congress who are active in a particular group.
38. Do Members of the House have individual seats on the Chamber floor?
Representatives had individual seats until the 63rd
Congress (1913), but now Members may sit where they choose.
Democrats occupy the east side of the Chamber, on the Speaker's
right; Republicans sit across the main aisle, on the Speaker's
left. Two tables each on the Democratic and Republican sides of
the aisle are reserved for committee leaders during debate on a
bill reported from their committee and for party leaders.
39. Do Senators have individual seats assigned them?
Yes. The individual seats in the Senate are numbered and
assigned on request of Senators in order of their seniority.
Democrats occupy the west side of the Chamber on the Vice
President's right; Republicans sit across the main aisle to the
Vice President's left. There is no set rule for seating of
``Independents.'' By custom, the Majority and Minority Leaders
occupy the front row seats on either side of the aisle, and the
Majority and Minority Whips occupy the seats immediately next
to their party's leader.
40. Do the terms ``senior Senator'' and ``junior Senator'' apply to age
or service?
The words ``senior'' or ``junior'' as applied to the two
Senators from a State refer to their length of continuous
service in the Senate, and not to their ages. Thus, a senior
Senator may be younger in age than the junior Senator from the
same State.
41. What provisions are made for offices for Members and committees of
the Congress?
The Capitol Hill office complex includes offices for House
and Senate leaders and officers and for certain committees in
the Capitol building itself, plus five House office buildings
and three Senate office buildings, plus additional rented space
in commercial office buildings near Union Station, north of the
Capitol.
The three main House office buildings are located on
Independence Avenue, south of the Capitol. Proceeding from east
to west, the three buildings are the Cannon House Office
Building, completed in 1908; the Longworth House Office
Building, completed in 1933; and the Rayburn House Office
Building, completed in 1965. The buildings are named for the
Speakers of the House at the time the construction of the
buildings was authorized. In these buildings are located the
personal offices of each Member of the House, as well as the
offices of House standing committees. Two additional buildings
were purchased in 1957 and 1975 for use by the House for
additional office space. The first building, on C Street behind
the Cannon Office Building, was renamed the Thomas P. O'Neill
House Office Building in 1990. In addition to space for House
committee and subcommittee staff, the building is now also the
site of the House Page School Dormitory. The second building,
on D Street SW, was renamed in 1990 the Gerald R. Ford House
Office Building. Before becoming Vice President and President,
Mr. Ford was House Republican Leader from 1965-73. He is the
first person not to have been Speaker to have a House office
building named after him.
The Senate office buildings are located on Constitution
Avenue, northeast of the Capitol. The buildings were completed
in 1909, 1958, and 1982, and are named in honor of influential
20th century Senators: Richard B. Russell (D., GA), Everett M.
Dirksen (R., IL), and Philip A. Hart (D., MI), respectively.
In addition to office space in Washington, DC,
Representatives and Senators are entitled to rent office space
in their districts or States.
42. What organizations are included in the legislative branch?
In addition to Congress--the House of Representatives and
the Senate--the legislative branch includes the Architect of
the Capitol, the Government Printing Office (GPO), the Library
of Congress, and the legislative support agencies. The
Architect's principal duties involve the construction,
maintenance, and renovation of the Capitol Building as well as
the congressional office buildings and other structures in the
Capitol complex such as the Library of Congress buildings. GPO
publishes the Congressional Record, congressional committee
hearings and reports, and other congressional documents, as
well as many executive branch publications. The Library of
Congress, in addition to providing library services, research,
and analysis to Congress, is also the national library. It
houses premier national book, map, and manuscript collections
in the United States; serves a major role assisting local
libraries in book cataloging and other services; and supervises
the implementation of U.S. copyright laws.
Three support agencies are also part of the legislative
branch. The Congressional Budget Office, the Congressional
Research Service in the Library of Congress, and the General
Accounting Office directly assist Congress in the performance
of its duties. On occasion, temporary advisory commissions are
established and funded in the legislative branch.
43. What are the functions of the congressional support agencies that
are funded in the legislative appropriations acts?
Legislative support agencies funded in the legislative
appropriations act include the Congressional Budget Office
(CBO), the Congressional Research Service (CRS) of the Library
of Congress, and the General Accounting Office (GAO). CBO
assists the House and Senate Budget Committees in evaluating
the spending and revenue priorities of Congress and aids all
congressional committees in estimating the cost of proposed
legislation. CRS provides reference, research, and analytical
assistance to committees, Members, and staff of Congress on
current and anticipated policy issues. GAO primarily studies
and reports to Congress on the economy and efficiency of
Government programs, operations, and expenditures.
44. What services are officially available to Members and to committees
to assist them in the performance of their legislative duties?
Research assistance is available both from congressional
staff and from legislative branch agencies created to assist
Members, committees, and their staffs.
Senators and Representatives are allocated funds to hire
personal staff to assist them in performance of their
legislative and constituent work. Committees are provided with
staff assistance, subject to House or Senate approval of
operating funds for each committee. Committees may also be
given authority to hire temporary consultants (in addition to
their full-time staff) or to accept assistance from staff of
other government agencies loaned to the committees.
Each Chamber has an Office of Legislative Counsel to assist
individual Members, committees, and staff in the drafting of
legislation or in drafting amendments to bills, and both Houses
maintain legislative libraries. Finally, each House has
technical staff charged with providing computer services and
automated systems services.
Additional support is provided by legislative branch
agencies. The Congressional Research Service of the Library of
Congress provides both committees and individual Members with
information, research, and analysis on a wide range of
subjects. The General Accounting Office assists committees and
Members in fulfilling oversight and program evaluation
responsibilities. The Congressional Budget Office provides
specialized fiscal and budgetary analysis and cost estimates of
Government agencies, programs, and operations.
45. Are there opportunities in the Congress to work as a volunteer,
intern, or fellow?
Every year, large numbers of college students and other
people work for Members of Congress as volunteers, as interns,
or as fellows. Many colleges and universities award academic
credit for congressional work, and a number of national
professional associations sponsor a competitive, midcareer
congressional fellowship appointment for interested
organization members. The executive branch sponsors a Legis
Fellows program, for midcareer Federal executives who wish to
learn more about congressional operations. The officers of the
House and Senate, along with several of the congressional
support agencies, sponsor orientation programs for these
congressional interns and fellows to acquaint them with
congressional operations and with public policy research
techniques.
46. Who are congressional pages? What are their duties and
responsibilities? What facilities does Congress provide for
them?
Congressional pages are boys and girls who are in their
third year of high school, and assist members on the floor of
the Chamber.
The page program in the House is supervised by the House
Page Board and administered by the House Clerk. In the Senate,
the party secretaries and the Sergeant at Arms have
responsibility for the administration of the program. In
addition, there is supervised housing for pages in the Thomas
P. O'Neill House Office Building and the Daniel Webster Senate
Page Residence Hall.
The House and Senate each have schools for educating their
pages. The House school is located in the Library of Congress
and the Senate school is in the lower level of the Webster
Residence Hall. The college preparatory curriculum includes
additional programs, trips, and resources using facilities in
Washington, DC. Typically, the page schools meet during the
mornings so that pages will be available for work during
Chamber sessions later in the day.
Congressional Process and Powers
47. Why must tax bills originate in the House?
The constitutional provision that ``all Bills for raising
Revenue shall originate in the House of Representatives''
(Article I, Section 7) is an adaptation of an earlier English
practice. It was based on the principle that the national purse
strings should be controlled by a body directly responsible to
the people. So when the Constitution was formulated, the
authority for initiation of revenue legislation was vested in
the House of Representatives where the Members are subject to
direct election every two years. However, the Constitution also
guarantees the Senate's power to ``propose or concur with
Amendments as on other Bills.''
48. Must all appropriation measures originate in the House?
Although the Constitution clearly delegates sole authority
to originate tax measures to the House of Representatives, it
makes no clear statement regarding the authority to originate
appropriation measures. Despite occasional disputes between the
House and Senate over such authority, the House customarily
originates general appropriation bills. The Senate from time to
time initiates special appropriation measures that provide
funds for a single agency or purpose.
49. What is the difference between an authorization and an
appropriation?
Authorizations and appropriations are separate and distinct
parts of the Federal budget process. Authorizations are
measures which establish Federal policies and programs, and may
also make recommendations concerning the proper spending level
for a program or agency. Those recommendations are acted upon
in the form of appropriations, which provide specific dollar
amounts for agencies, programs, and operations. If an
authorization specifies a spending level or upper limit, this
amount acts as the maximum that an appropriation can provide.
The rules of both the House and the Senate prohibit
unauthorized appropriations, but both Chambers have developed
practices to avoid the operation of these rules if it is the
desire of the Chamber to do so.
50. What are the different types of appropriation measures?
Appropriations are provided in three different types of
appropriation measures. Regular appropriation bills are a
series of measures that together fund many Federal operations
and programs for a fiscal year (October 1-September 30). Each
of the 13 subcommittees of the House and Senate Appropriations
Committees manages one regular appropriation bill. A
supplemental appropriation bill is a measure which provides
funds if a need develops that is too urgent to be postponed
until the next fiscal year. Finally, a continuing resolution is
a measure that provides stop-gap funding if Congress is unable
to complete action on one or more regular appropriation bills
before the beginning of a fiscal year.
All regular appropriation bills as well as supplemental
appropriation bills that fund more than a single agency or
purpose are also referred to as general appropriation bills.
51. What is the congressional budget process?
The congressional budget process, established by the
Congressional Budget and Impoundment Control Act of 1974, is
the means by which Congress develops and enforces an overall
budgetary plan, including levels for total revenues, total
spending, and a surplus or deficit. This blueprint for all
Federal spending is established in the form of a concurrent
resolution on the budget. Spending authority is then allocated
to congressional committees pursuant to this resolution. The
rules of both the House and Senate prohibit spending measures
in excess of these allocations. Any changes in existing law
that are necessary to achieve these targets can be enacted in
the form of a reconciliation bill.
52. What is sequestration?
Sequestration is an across-the-board cut in Federal
spending pursuant to a Presidential order. A sequestration
order can only be issued if Congress fails to meet a budgetary
requirement, such as a deficit target or a spending limit.
Sequestration was first established in 1985 by the Balanced
Budget and Emergency Deficit Reduction Act, also known as the
Gramm-Rudman-Hollings Act.
53. What are the powers of Congress as provided in the Constitution?
The Constitution (Article 1, Section 8) empowers Congress
to levy taxes, collect revenue, pay debts, and provide for the
general welfare; borrow money; regulate interstate and foreign
commerce; establish uniform rules of naturalization and
bankruptcy; coin money and regulate its value; punish
counterfeiters; establish a postal system; enact patent and
copyright laws; establish Federal courts inferior to the
Supreme Court; declare war; provide for the armed forces;
impeach and try Federal officers (Sections 2 and 3); and have
exclusive legislative power over the District of Columbia. In
Article II, Section 2, the Senate is given the power to consent
to the ratification of treaties and confirm the nomination of
public officials. Congress is also given the power to enact
such laws as may be ``necessary and proper'' to implement its
mandate in Article I. The power to enact laws is also contained
in certain amendments to the Constitution.
54. What is the confirmation power of the Senate?
Under Article II of the Constitution, the President
appoints, by and with the advice and consent of the Senate,
ambassadors, other public ministers and consuls, Justices of
the Supreme Court and Federal judges, and other Federal
officers whose appointments are established by law, including
the heads of executive branch departments and agencies and
independent regulatory commissions. This means that, while the
President nominates the individuals of these important
positions in the Federal Government, the Senate must confirm
them before they take office. The Senate confirmation process
can involve a background check of the nominee, often using
information supplied by the Federal Bureau of Investigation;
meetings between the nominee and individual Senators; hearings
and a vote on the nomination by the committee with jurisdiction
over the office; and debate and a vote in the full Senate,
where a majority is necessary to confirm an appointment.
55. What is the role of Congress in the impeachment process?
Impeachment is the process by which the President, Vice
President, Federal judges and Justices, and all civil officials
of the United States may be removed from office. The President
and other civil officials may be impeached and convicted for
``Treason, Bribery, and other high Crimes and Misdemeanors.''
The House of Representatives has the sole authority to
bring charges of impeachment, by a simple majority vote, and
the Senate has the sole authority to try impeachment charges.
An official may be removed from office only upon conviction,
which requires a two-thirds affirmative vote of the Senate. The
Constitution provides that the Chief Justice shall preside when
the President is being tried for impeachment.
56. Who controls use of the armed forces?
The Constitution (Article II, Section 2) states that the
President is the Commander in Chief of the Army, Navy, and,
when it is called into Federal service, State Militias (now
called the National Guard). Historically, Presidents have used
this authority to commit U.S. troops without a formal
declaration of war. However, the Constitution reserves to
Congress (Article I, Section 8) the power to raise and support
the armed forces as well as the sole authority to declare war.
These competing powers have been the source of controversy
between the legislative and executive branches over war making.
In 1973, Congress enacted the War Powers Resolution, which
limits the President's authority to use the armed forces
without specific congressional authorization, in an attempt to
increase and clarify Congress's control over the use of the
military. But the resolution has proven controversial, its
operations has raised questions in Congress and the executive
branch.
In addition, the armed forces operate under the doctrine of
civilian control, which means that only the President or
statutory deputies (the Secretary and Deputy Secretary of
Defense) can order the use of force. The chain of command is
structured to insure that the military cannot undertake actions
without civilian approval or knowledge.
57. What is the procedure to commit the country's military force to
war?
The Constitution gives to Congress the authority to declare
war; this has occurred on only five occasions since 1789, the
most recent being World War II. But the President, as Commander
in Chief, has implied powers to commit the Nation's military
forces, which has occurred on more than 200 occasions in U.S.
history. Moreover, Congress may authorize the use of the
military in specific cases through public law.
The War Powers Resolution, enacted on November 7, 1973, as
Public Law 93-148, also tried to clarify these respective roles
of the President and Congress in cases involving the use of
armed forces without a declaration of war. The President is
expected to consult with Congress before using the armed forces
``in every possible instance,'' and is required to report to
Congress within 48 hours of introducing troops. Use of the
armed forces is to be terminated within 60 days, with a
possible 30-day extension by the President, unless Congress
acts during that time to declare war, enacts a specific
authorization for use of the armed forces, extends the 60-90
day period, or is physically unable to meet as a result of an
attack on the United States.
Congressional Rules and Procedures
58. How are the rules of procedure in Congress determined?
The Constitution (Article I, Section 5) provides that each
House ``determine the Rules of its Proceedings.'' These
resulting rules and procedures are spelled out in detailed
procedural manuals for each Chamber.
59. What are the functions of the House Rules Committee?
The House Rules Committee makes recommendations to the
House on possible changes to the standing rules of the House,
as well as the order of business on the House floor. The
committee affects the order of business by reporting
resolutions that make it possible for the House to begin acting
on a bill that is on the House or Union Calendar. These
resolutions are known as special rules or simply as ``rules.''
Each special rule may also propose a set of ground rules for
debating and amending a particular bill that is different from
the normal rules for considering legislation. For example, a
special rule may impose limitations on the amendments that
Members can propose to a bill, or it may allow an amendment to
be offered, even though it violates a standing rule of the
House. The House as a whole decides by majority vote whether to
accept, reject, or modify each special rule that the Rules
Committee proposes.
The Senate Committee on Rules and Administration also
considers possible changes to the standing rules of the Senate,
but it has no role in determining the order of business on the
Senate floor. In addition, the Senate committee reports
resolutions to fund the work of all the Senate committees. In
the House, this responsibility belongs to the Committee on
House Administration.
60. What is a quorum of the House and of the Senate?
In the House of Representatives, a quorum is a simple
majority of the Members. When there are no vacancies in the
membership, a quorum is 218. When one or more seats are vacant,
because of deaths or resignations, the quorum is reduced
accordingly. Because of Members' other duties, a quorum often
is not actually present on the House floor. But any Member may
insist that a quorum be present. If a Member makes a point of
order that a quorum is not present, and the Speaker agrees, a
series of bells ring on the House side of the Capitol and in
the House office buildings to alert Members to come to the
Chamber and record their presence.
A majority of the membership, or 51, constitutes a quorum
to do business in the Senate.
61. What is the Committee of the Whole?
The Committee of the Whole House on the State of the Union
(or Committee of the Whole) is a hybrid form of the House
itself. Technically, it is a committee of the House on which
all Representatives serve and that meets in the House Chamber.
However, it is governed by different rules of procedure than
the House meeting as itself. The concept of the ``grand
committee'' has been carefully developed from the early days of
the House and in modern practice gives the House a more
expeditious means for considering the complex and often
controversial legislation referred to it. Historically, it was
devised by the English House of Commons to give them the
ability to debate privately and not have their votes committed
to record. The Committee of the Whole in the U.S. House
permitted recorded votes beginning in January 1971.
The House resolves itself into a new Committee of the Whole
for the consideration of each bill. A specific Committee of the
Whole is dissolved when it ``rises and reports with a
recommendation,'' to the House. When the Committee rises after
not having resolved the matter committed to it, that bill is
carried on the calendar as ``unfinished business of the
Committee of the Whole'' until consideration has been finally
completed.
When a bill or resolution is considered in Committee of the
Whole, there first is a period of time, usually one hour, for
general debate on the merits of the bill or resolution. If
enforced, a quorum in the Committee is 100 Members (whereas 218
are required in the House). After general debate, Members may
offer amendments, with each speech for or against an amendment
being limited to five minutes. If a recorded vote is desired on
any amendment, the call for the vote must be seconded by 25
Members (whereas 44 or more are required in the House). When
the amending process is completed, the Committee of the Whole
``rises,'' and reports its actions to the House through the
Speaker. The House then votes on whether or not to adopt the
amendments recommended by the Committee of the Whole, and then
votes on final passage of the measure, as amended.
The Senate ceased using the Committee of the Whole as a
parliamentary forum for debate in 1986.
62. What are the duties of the Parliamentarians?
The House and the Senate each has a Parliamentarian to
assist the Presiding Officer in making correct parliamentary
decisions, to keep a record of procedures and precedents, and
to refer bills to the correct committees of jurisdiction. These
officials must be so well versed in the rules and practices of
the Chamber that the Presiding Officer can be given guidance
and advice on a moment's notice.
63. When Congress is in session, at what hour do the two Houses meet?
The time of meeting is fixed by each Chamber. The daily
meeting of each Chamber normally begins at noon and continues
until late afternoon or early evening. However, the time at
which House and Senate meetings begin or end is often changed
from day to day, depending on the work that must be done.
64. What are the customary proceedings when the House of
Representatives meets?
The Speaker calls the House to order, and the Sergeant at
Arms places the Mace (an ancient symbol of authority) on the
pedestal at the right of the Speaker's platform. After the
Chaplain offers a prayer, the Speaker recognizes a Member to
lead the House in the Pledge of Allegiance. Then the Journal of
the previous day's activities is approved, usually without
being read. Next, the Speaker may recognize a few Members to
speak briefly on matters of importance to them, for no longer
than one minute each. The House then is ready to begin or
resume consideration of a bill, resolution, or conference
report.
65. What are the customary proceedings when the Senate meets?
The initial proceedings of the Senate are similar. The
Senate is called to order by the Vice President, the President
pro tempore, or another Senator serving as acting President pro
tempore. After a prayer, the pledge of allegiance and the
approval of the Journal, the Majority and Minority Leaders are
recognized in turn for brief periods to speak or to transact
routine business. Other Senators then may speak, on matters of
interest to them, for no longer than five minutes each. If the
Senate had adjourned at the end of its previous meeting, a two-
hour period, known as the ``morning hour'' is held, for
disposing of routine and noncontroversial matters. If the
Senate had recessed instead, which is the usual practice, there
is no ``morning hour'' and the Senate proceeds instead to
consider matters of legislative or executive business under its
normal rules of procedure.
66. What business can be transacted by unanimous consent?
Almost anything can be done in either House by unanimous
consent, except where the Constitution or the rules of that
Chamber specifically prohibit the Presiding Officer from
entertaining such a request. For example, since the
Constitution requires that a rollcall vote be taken to pass a
bill over a Presidential veto, the Presiding Officer of the
House or the Senate cannot entertain a unanimous consent
request to waive this requirement. In the House of
Representatives, unanimous consent requests to admit to the
Chamber persons who are not permitted to be present under its
rules, or to introduce visitors in the galleries to the House,
are not in order.
67. How are record votes taken in Congress?
Most votes are taken by a simple voice method, in which the
yeas and nays are called out, respectively, and the judgment of
the chair as to which are greater in number determines the
vote. If a recorded vote is desired, a sufficient second must
support it. The Constitution simply provides that ``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.'' One-fifth of a quorum is deemed to be 44 in the
House (\1/5\ of 218), and 11 in the Senate (\1/5\ of 51). A
sufficient second in the Committee of the Whole is 25. Since
1973, the House has used an electronic voting system to reduce
the time consumed in voting. The Senate continues to use an
oral call of the roll. Each Chamber permits a minimum of 15
minutes to complete a vote.
68. Are there time limitations on debate in Congress?
Yes. In the House, no matter is subject to more than one
hour of debate, usually equally divided between the majority
and the minority, without unanimous consent. Moreover, the
majority can call for the ``previous question,'' and bring the
pending matter to an immediate vote. Nonlegislative debate is
limited to one minute per Member at the beginning of the day
and up to one hour per Member at the end of the day. In the
Committee of the Whole, the period of time spent in general
debate is determined and apportioned in advance. Amendments are
subject to the five-minute per side rule, but can extend beyond
10 minutes of debate per amendment when unanimous consent is
granted or when ``pro forma'' amendments are offered to gain
additional time on the pending amendment. A nondebatable motion
to close debate is in order to end debate on any specific
amendment and bring it to a vote.
In the Senate, debate is normally without restriction,
unless time limits are agreed to by unanimous consent. The
ability to extend debate at will, to ``filibuster,'' enables a
Senator to delay the final vote on a measure, or even to
prevent it altogether. Filibusters can be broken only by
negotiation or through the use of a formal procedure known as
``cloture.'' A successful cloture motion requires at least a
\3/5\ vote, or 60 Senators. If cloture is invoked, the
filibuster comes to a gradual end. Thirty hours of further
debate are permitted in the post-cloture period prior to the
vote on final passage. However, Senators do not usually extend
debate after a successful cloture vote.
69. How do Members obtain permission to speak?
In the House, Members stand, address the Presiding Officer
and do not proceed until recognized to speak. The Presiding
Officer (the Speaker in the House or the Chairman in the
Committee of the Whole) has the authority to ask Members for
what purpose they seek recognition. The Presiding Officer may
then recognize or not recognize a Member, depending upon the
purpose for which recognition was requested.
In the Senate, Senators must also stand, address the
Presiding Officer (the Vice President, the President pro
tempore, or the acting President pro tempore), and may not
proceed until one of them is recognized to speak. However, the
rules of theSenate require the Presiding Officer to recognize
the first Senator to address the chair. The Presiding Officer does not
have discretionary recognition authority. However, in the tradition of
the Senate, the Majority Leader and Minority Leader are given
preferential recognition over any other Senator.
70. How do Members of Congress introduce bills?
A bill that is to be introduced is typed on a special House
or Senate form and signed by the Representative or Senator who
will introduce it. In the House, a Representative may introduce
a bill any time the House is in session by placing it in a
special box known as the ``hopper,'' which is located on the
Clerk's desk in the House Chamber. A Senator introduces a bill
by delivering it to a clerk on the Senate floor while the
Senate is in session, although it is formally accepted only
during a period of time set aside in the Senate for the
transacting of routine morning business.
71. When does a bill, introduced at the beginning of a Congress, become
``dead'' and no longer open to considerations?
A bill may be introduced at any point during a two-year
Congress, and remains eligible for consideration throughout the
duration of that Congress until the Congress ends or adjourns
sine die.
72. What are the stages of a bill in Congress?
Following is a brief description of the usual stages by
which a bill becomes law. (A graphic follows this explanation
that illustrates these stages, How a Bill Becomes a Law.)
(1) Introduction by a Member, who places it in the
``hopper,'' a box on the Clerk's desk in the House
Chamber; the bill is given a number and printed by the
Government Printing Office so that copies are available
the next morning.
(2) Referral to one or more standing committees of
the House by the Speaker, at the advice of the
Parliamentarian.
(3) Report from the committee or committees, after
public hearings and ``markup'' meetings by
subcommittee, committee, or both.
(4) House approval of a special rule, reported by the
House Rules Committee, making it in order for the House
to consider the bill, and setting the terms for its
debate and amendment.
(5) Consideration of the bill in Committee of the
Whole, in two stages: first, a time for general debate
on the bill; and second, a time for amending the bill,
one part at a time, under a rule that limits speeches
on amendments to five minutes each.
(6) Passage by the House after votes to confirm the
amendments that were adopted in Committee of the Whole.
(7) Transmittal to the Senate, by message.
(8) Consideration and passage by the Senate--usually
after referral to and reporting from a Senate
committee--and after debate and amendment on the Senate
floor.
(9) Transmission from the Senate back to the House,
with or without Senate amendments to the bill.
(10) Resolution of differences between the House and
the Senate, either through additional amendments
between the Houses, or the report of a conference
committee.
(11) Enrollment on parchment paper and then signing
by the Speaker and by the President of the Senate.
(12) Transmittal to the President of the United
States.
(13) Approval or disapproval by the President; if the
President disapproves, the bill will be returned with a
veto message that explains reasons for the disapproval.
A two-thirds vote in each chamber is needed to override
a veto.
(14) Filing with the Archivist of the United States
as a new public law after approval of the President, or
after passage by Congress overriding a veto.
Bills may be introduced in the Senate, and they follow
essentially the same course of passage as bills first
introduced and considered in the House of Representatives. (See
questions above, however, on the House originating tax and
appropriations bills.)
73. What courses are open to the President when a bill is presented to
him?
The President has three choices: First, to sign a bill
within 10 days (Sundays excepted), whereupon it becomes a law.
Second, the President may veto the bill, i.e., return it to
Congress (stating objections) without a signature of approval.
In this case, Congress may override the veto with a two-thirds
vote in each House. The bill would then become a law despite
the President's veto. The House and Senate are not required to
attempt veto overrides. Third, the President may hold the bill
without taking any action. Two different developments may occur
in this situation depending upon whether Congress is in
session. If Congress is in session, the bill becomes law after
the expiration of 10 days (excluding Sundays), even without the
President's signature. If Congress has adjourned, the bill does
not become law; this is called a ``pocket veto''.
74. What happens to a bill after it becomes law?
The provisions of a law take effect immediately unless the
law itself provides for another date. The law may also specify
which executive departments, agencies, or officers are
empowered to carry out or enforce the law.
The actual written document is sent to the National
Archives and Records Administration, an independent agency of
the Government, where it is given a number. It is then
published in individual form as a ``slip law.'' At the end of
each session of Congress, these new laws are consolidated in a
bound volume called U.S. Statutes at Large. In addition, all
permanent, general laws currently in force are included in the
Code of Laws of the United States of America, commonly called
the U.S. Code. The Office of Law Revision Counsel, part of the
institutional structure of the House of Representatives, is
responsible for preparing and issuing annual supplements to
keep the Code up-to-date.
75. Are the proceedings of Congress published and preserved?
Each House, by constitutional requirement, keeps a Journal
of its proceedings. The Senate maintains and publishes a
legislative journal and an executive journal. The latter
contains proceedings related to the Senate's responsibilities
for approving treaties and nominations. When the Senate sits as
a court of impeachment, it keeps a separate journal of its
proceedings. The executive journal is published annually.
The Journals do not report debates; they only report the
bare parliamentary proceedings of each Chamber. In addition,
the House Journal contains minimal information about actions
taken by the House when meeting as a Committee of the Whole,
because any action taken there is not official unless and until
it is ratified by the full House.
For a public record of the debates, there have been a
succession of reports, overlapping in part, as follows: Annals
of Congress (1789-1824), Register of Debates (1824-37),
Congressional Globe (1833-73), and finally and currently the
Congressional Record (1873 to the present).
The Congressional Record contains a stenographic record of
everything said on the floor of both Houses, including rollcall
votes on all questions. Members are permitted to edit and
revise the transcripts of their spoken remarks. An appendix
contains material not spoken on the floor but inserted by
permission--the so-called ``extensions of remarks.'' It also
carries a brief resume of the congressional activities of the
previous day, as well as a future legislative program and a
list of scheduled committee hearings.
Since 1979 in the House and 1986 in the Senate, floor
sessions have been televised. Videotape copies of House and
Senate Chamber activities are preserved and available for
research use at the Library of Congress and at the National
Archives.
76. What are joint sessions and joint meetings?
Congress holds joint sessions to receive addresses from the
President (e.g., State of the Union and other addresses) and to
count electoral ballots for President and Vice President.
Congress also holds joint meetings to receive addresses from
such dignitaries as foreign heads of state or heads of
governments or from distinguished American citizens.
Of the two types of gatherings, the joint session is the
more formal and typically occurs upon adoption of a concurrent
resolution passed by both Houses of Congress. The joint
meeting, however, typically occurs when each of the two Houses
adopts a unanimous consent agreement to recess to meet with the
other legislative body. Since 1809, the prevailing practice has
been to hold joint sessions and joint meetings in the Hall of
the House of Representatives, the larger of the two Chambers.
Except for the first inauguration in 1789, in which the
Congress convened in joint session to inaugurate President
George Washington, these special occasions have occurred
outside of the regular legislative calendars. Occasionally one
chamber will convene a legislative session prior to attending
the ceremony, but unless both do so and subsequently adjourn to
attend the ceremony, the inauguration is not a joint session.
77. May the Secretary of State or any other Cabinet officer appear on
the floor of either House to answer questions?
No. Cabinet officers frequently testify before House and
Senate committees and subcommittees, but they may not appear on
the floor of either Chamber to respond publicly to Members'
questions. There have been proposals to permit such a
``question period'' by amending congressional rules, but they
have not been approved.
78. Are visitors allowed to listen to the proceedings of Congress?
Visitors are allowed to listen to and watch the proceedings
of the House and Senate from visitors' galleries in each House.
Tour guides bring groups of visitors briefly into the House and
Senate galleries. Visitors who wish to observe House and Senate
floor sessions for longer periods of time without interruption
must obtain gallery passes, available without prior notice in
the offices of their Senator or Representative.
All visitors must abide by certain rules and maintain
proper decorum. They are not allowed to take radios, cameras,
or umbrellas into either Chamber and they may not read, write,
or take notes while inside. Visitors in the galleries are
subject to control and supervision by the Presiding Officers of
the House and Senate as well as doorkeepers stationed beside
each entrance to the galleries. Unless there is a rare closed
meeting of either House, visitors are allowed whenever Congress
is in session.
Most committee hearings and meetings are also open to the
public. Committees generally meet in rooms set aside for their
use in the congressional office buildings and no visitors'
passes are required, although audience space may be limited to
accommodate congressional staff, executive branch officials,
and journalists. Under certain circumstances specified in House
and Senate Rules, committees may vote to close hearings or
meetings to the public.
Special space is available in the galleries for accredited
journalists, who are not subject to the prohibition on writing
and taking notes. Since 1979, proceedings of the House have
been accessible to the news media for television or radio
broadcast. Senate sessions have been available for television
and radio broadcast since 1986. Any committee hearing or
meeting open to the public can also be broadcast on radio or
television, subject to administrative control by the individual
committee.
The Committee System
79. Has Congress ever altered its committee organization?
Congressional organization and procedure have changed
considerably over Congress's 200-year history in response to
new needs and circumstances.
With respect to the committee system, for example, in the
early years of the Republic, Congress relied on temporary, ad
hoc committees to process legislation the full Chambers had
considered. A system of permanent standing committees developed
in the first half of the 19th century, when committees acquired
many modern-day powers, such as the power to hold legislation
they do not recommend for full Chamber action. Throughout the
19th century, so many committees were created to deal with
emerging national issues that, by the 20th century, the system
had become unwieldy. Early 20th century action by the Chambers
abolished and consolidated panels to streamline decision
making.
Major reorganization of the committee system was also
achieved by the Legislative Reorganization Act of 1946. It
established standardized committee procedures in many areas,
abolished and merged committees to form integrated panels with
broad jurisdictions, and gave each standing committee a
permanent complement of staff. The act also revamped other
areas of congressional procedure. For example, it established
the first comprehensive laws to regulate the lobbying of
Congress, which have since been amended. A similar 1970
Reorganization Act revised committee and other procedures,
including strengthening Congress's fiscal controls. A 1974
House committee reform measure refined committees'
jurisdictions, amended committee procedures, and expanded
Congress's oversight of the executive branch. A 1977 Senate
committee reform measure realigned and consolidated
jurisdictions, revised and expanded Senators' service
limitations on committees, and amended procedures for hiring
staff and referring legislation, among other things. In 1993,
another reform review was initiated by the Joint Committee on
the Organization of Congress.
80. What is a conference committee?
From the earliest days, differences on legislation between
the House and Senate have been committed to conference
committees to work out a settlement. The most usual case is
that in which a bill passes one Chamber with amendments
unacceptable to the other. In such a case, the Chamber that
disagrees to the amendments generally asks for a conference,
and the Speaker of the House and the Presiding Officer of the
Senate appoint the ``managers,'' as the conferees are called.
Generally, they are selected from the committee or committees
having charge of the bill. After attempting to resolve the
points in disagreement, the conference committee issues a
report to each Chamber. If the report is accepted by both
Chambers, the bill is then enrolled and sent to the President.
If the report is rejected by either Chamber, the matter in
disagreement comes up for disposition anew as if there had been
no conference. Unless all differences between the two Houses
are resolved, the bill fails.
Until 1975, it was customary for conference committees to
meet in executive sessions closed to the public. In that year,
both chambers adopted rules to require open conference
meetings. Two years later, the House strengthened its open
conference rule. Today, most conference committee sessions are
open to public observation, with only a few exceptions for
national security, or for other reasons.
81. What are congressional standing committees and why are they
necessary?
Standing committees are permanent panels comprised of
Members of a Chamber. Each panel has jurisdiction over measures
and laws in certain areas of public policy, such as health,
education, energy, the environment, foreign affairs, and
agriculture.
Although Congress has used standing committees since its
earliest days, it did not predominantly rely on them during its
first quarter century. In these early years, legislative
proposals were considered initially by all Members of one
Chamber in plenary session; afterwards, each proposal was
referred to a temporary, ad hoc committee responsible for
working out a proposal's details and making any technical
changes. As the amount of legislative proposals increased,
especially in certain subject areas, permanent committees
replaced temporary ones for more expeditious screening and
processing of legislation before its consideration by an entire
Chamber.
Each Chamber now has its own standing committees, to allow
it to consider many issues at the same time. Each committee
selects, from the measures it receives each Congress, a
relatively small number (approximately 10 percent) that merit
committee scrutiny and subsequent consideration by the full
Chamber. Because of the small size of committees--and the often
lengthy service of Members on the same panel--committees
provide an effective means of managing Congress's enormous
workload and gaining expertise over the range and complexity of
subjects with which the Government deals.
82. What are the standing committees of the House?
In 1999, the 19 standing committees were named:
Agriculture; Appropriations; Armed Services; Banking and
Financial Services; Budget; Education and the Workforce;
Commerce; Government Reform; House Administration;
International Relations; Judiciary; Resources; Rules; Science;
Small Business; Standards of Official Conduct; Transportation
and Infrastructure; Veterans' Affairs; and Ways and Means.
83. What are the standing committees of the Senate?
In 1999, 17 standing committees were named: Agriculture,
Nutrition, and Forestry; Appropriations; Armed Services;
Banking, Housing, and Urban Affairs; Budget; Commerce, Science,
and Transportation; Energy and Natural Resources; Environment
and Public Works; Finance; Foreign Relations; Governmental
Affairs; Health, Education, Labor, and Pensions; Indian
Affairs; Judiciary; Rules and Administration; Small Business;
and Veterans' Affairs.
84. How are the members of the standing committees selected?
Before Members are assigned to committees, each committee's
size and the proportion of Democrats to Republicans must be
decided by each Chamber's party leaders. The total number of
committee slots allotted to each party is approximately the
same as the ratio between majority-party and minority-party
Members in the full Chamber. Members are then assigned to
committees in a three-step process, where the first is the most
critical and decisive. Each of the two principal parties in the
House and Senate is responsible for assigning its Members to
committees, and, at the first stage, each party uses a
committee on committees to make the initial recommendations for
assignments. At the beginning of a new Congress, Members
express preferences for assignment to the appropriate committee
on committees; most incumbents prefer to remain on the same
committees so as not to forfeit expertise and committee
seniority. These committees on committees then match
preferences with committee slots, following certain guidelines
designed in part to distribute assignments fairly. They then
prepare and approve an assignment slate for each committee, and
submit all slates to the appropriate full-party conference for
approval. Approval at this second stage often is granted
easily, but the conferences have procedures for disapproving
recommended Members and nominating others in their stead.
Finally, at the third stage, each committee submits its slate
to the pertinent full Chamber for approval, which is generally
granted readily.
85. What constitutes a quorum of a standing committee of the House and
of the Senate?
Each House and Senate committee is authorized to establish
its own quorum requirement for the transaction of business.
House rules specify that House committees shall have at least
two members present to take testimony or receive evidence and
at least one third of the members present for taking any other
action, except reporting out a bill to the floor. Senate rules
also require at least one-third of the committee membership
present to conduct most business, but permit committees to
lower that quorum requirement for purposes of taking testimony.
However, in both Chambers, a physical majority of the committee
members must be present to report a bill to the floor.
86. What is a select committee?
In the contemporary era, select committees are established
by the House and Senate usually for limited time periods and
for strictly limited purposes. In most cases, they have not
been accorded legislative power--the authority to consider and
report legislation to the full Chamber. After completing their
purpose, such as an investigation of a Government activity and
making a report thereon, the select committee expires.
Recently, however, the Chambers have permitted select
committees to continue to exist over long periods; some, such
as the House and Senate Select Committees on Intelligence, have
been granted legislative authority.
87. What are joint committees and how are they established?
Joint committees are those that have Members chosen from
both the House and Senate, generally with the chairmanship
rotating between the most senior majority-party Senator and
Representative. In general, they do not have legislative power
to consider and report legislation to the full Chambers. These
committees can be created by statute, or by joint or concurrent
resolution, although all existing ones have been established by
statute. Congress now has four permanent or long-term joint
committees, the oldest being the Joint Committee on the
Library, which dates from 1800; the other three are the Joint
Economic Committee, Joint Committee on Printing, and Joint
Committee on Taxation. In addition, Congress sometimes
establishes temporary joint committees for particular purposes,
such as the Joint Congressional Committee on Inaugural
Ceremonies, which is formed every four years to handle the
organizational and financial responsibilities for the
inauguration of the President and Vice President.
88. Do congressional committees hold hearings on all bills referred to
them?
No. However, it is the view of many committees that any
Member who insists on a hearing on a bill should have it. There
may also be several bills similar or almost identical in
substance introduced at the same time. In such cases, hearings
frequently are held on a group of related measures, or a
hearing on one bill serves for all similar bills. It is not
always possible for Members to have individual hearings on
their particular bills before a committee because of the press
of business and the large number of bills referred to most
committees.
89. Does the congressional committee to which a bill is referred
effectively control its disposition?
Committees, for the most part, control whether hearings
will be held on bills referred to them and whether these bills
will be reported to the full Chamber for debate. Ordinarily, if
a bill is not reported by a committee, the bill dies because
the Chambers usually defer to the expertise and power of
committee members in determining a measure's fate.
However, both the House and Senate have procedures for
allowing measures not reported by a committee to be considered
by the full Chamber. The House has a discharge procedure,
usually used with measures of a controversial character. It is
rarely employed and rarely successful, because it is cumbersome
and because Members are uncomfortable circumventing committee
authority. The procedure allows a majority of Representatives
(218) to sign a petition to discharge a committee of any bill
held there longer than 30 days, at which point the bill is
placed on a special calendar and may be called up by any of the
signers on the second or fourthMonday of any month. Very
limited debate is allowed on the question of whether to consider a bill
on the calendar. But, if the House agrees by majority to a bill's
consideration, then it is debated under its general rules.
It is also possible to discharge a Senate committee by
motion, but the procedure is rarely used. Instead, because the
Senate does not generally require amendments to measures to be
on the same subject as the measures, a Senator may offer the
text of a measure buried in committee as an amendment to any
measure being debated by the full Senate. This practice is not
allowed in the House, where amendments must be relevant (called
``germane'') to the measures they seek to amend.
90. Are committee hearings open to the public?
Hearings by House committees and subcommittees are open to
the public except when a committee, by majority vote while in
public session, determines otherwise. This occurs, for
instance, when national security matters are considered.
The Legislative Reorganization Act of 1970 permitted, for
the first time, radio and television broadcast of House
committee and subcommittee hearings, but only when a majority
of the committee so votes and only if decorum is observed in
the broadcasting.
Hearings by Senate committees and subcommittees are also
open to the public. However, Senate committee hearings may be
closed to the public if the committee determines by majority
vote in open session that testimony must be secret for any of
several reasons, including if it relates to national security
matters, reflects adversely on the character or reputation of
witnesses, or divulges information which is of a confidential
nature.
Hearings of public interest in the Senate have been
broadcast for more than 40 years.
91. What is meant by the ``seniority rule''?
It had been the custom whereby a member who served longest
on the majority side of a committee became its chairman or if
on the minority, its ranking member. Members were ranked from
the chairman or ranking member down, according to length of
service on the committee.
Modifications--including party practices, term limits on
chairmanships, and limits on the number of committees and
subcommittees chaired--have caused the seniority rule to be
less rigidly followed than previously. Nevertheless, length of
service on a committee remains the predominant criterion for
choosing its chairman and ranking member. In both Chambers,
nominees for committee chairmen are subject to public votes,
first in meetings of their party colleagues (in conference or
caucus), then in the full Chamber. Members who interrupt their
service in a Chamber but subsequently return to the Congress,
start again at the bottom of a committee list. Returning
Members outrank other new Members who have no prior service.
New Members also earn seniority over other newly elected
Members by having prior service in the other legislative
Chamber. In some cases, in which two Members have equal time in
service in a Chamber, prior service as a State Governor or
State legislator also may contribute in the determination of
seniority.
THE EXECUTIVE BRANCH
92. How is the executive branch organized?
The Federal executive branch is headed by the President and
consists of various entities and organizations of largely an
administrative, regulatory, or policy-implementing character.
Most prominent among these are 14 departments, whose heads
comprise the Cabinet. In addition, there are a number of
agencies (such as the Central Intelligence Agency and
Environmental Protection Agency) plus separate smaller boards,
committees, commissions, and offices created by law or
Presidential directive. Immediately assisting the President are
the agencies and entities of the Executive Office of the
President. Additional information on the White House and
Presidential activities is at .
93. What is the Executive Office of the President?
Formally established in 1939, the Executive Office of the
President consists of satellite offices and agencies that
assist the President in the exercise of various statutory
responsibilities. Later, as conditions merited, such units were
abolished or transferred to program departments and agencies of
the executive branch. (See accompanying graphic, White House
and Executive Office of the President.)
WHITE HOUSE AND EXECUTIVE OFFICE OF THE PRESIDENT
The President and Vice President
94. Is the U.S. President comparable to a reigning monarch, a prime
minister, or a premier?
The American President has been compared to an elective
monarch, but there are few kings or queens today who exercise
the same degree of authority as does the President of the
United States. The President simultaneously serves to perform
functions that parallel the activities of a king or queen in a
monarchy and the prime minister or premier in a parliamentary
democracy.
The President is traditionally accorded the unofficial
designation ``Chief of State,'' a position which most closely
parallels that of a king or queen in a monarchy. As such the
President is often recognized as the symbolic embodiment of the
United States and its citizens.
The President also performs many of the functions of a
prime minister or premier in a parliamentary democracy. As
Chief Executive, an office held under the Constitution, the
President presides over the Cabinet and has responsibility for
the management of the executive branch. The Constitution also
vests the President with the power to make treaties, and to
appoint ambassadors, U.S. officers, and judges of Federal
courts, with the advice and consent of the Senate. The
President also holds the position of Commander in Chief of the
Armed Forces.
Unlike a prime minister, the President is neither a member
of the legislature nor is his tenure in office dependent upon
the approval of a majority of legislators. Elected indirectly
by the citizens through the electoral college, the President
serves a definite term and can only be removed by the process
of impeachment. Under the 22nd Amendment, presidential tenure
is limited to no more than two elected four-year terms and a
maximum of 10 years under special circumstances: i.e., if a
twice-elected President serves an additional two years (or
less) of the term of another elected President.
95. How is the President addressed?
Simply as ``Mr. President.'' A letter sent to the Chief
Executive is addressed ``The President, The White House.''
One of the earliest congressional debates dealt with the
title of the Chief Executive. A committee of the House of
Representatives suggested the simple title ``The President of
the United States.'' However, the Senate rejected this report
in May 1789 at the behest of Vice President John Adams. Adams
believed that ``titles and politically inspired elegance were
essential aspects of strong government,'' and supported the
title ``His Highness the President of the United States and
protector of their Liberties.'' George Washington himself was
annoyed by this debate and made known his annoyance at Adams's
attempts to ``bedizen him with a superb but spurious title.''
The issue was resolved on May 27 when the Senate agreed that
the Chief Executive should have the simple title ``the
President of the United States.''
96. What are the enumerated or express constitutional powers of the
President?
Article II of the Constitution vests the ``executive
power'' in the President. There is dispute among scholars as to
whether such executive power consists solely of the authorities
enumerated for the President or whether it also includes powers
that are implied in Article II. Most authorities lean toward
the latter interpretation.
These powers are those expressly granted to the President
within the text of the Constitution. They are few in number and
most are listed in Article II, sections 2 and 3 of the
Constitution. The President is Commander in Chief of the Army,
Navy, and Air Force, and of the State Militias (now called the
National Guard) when called into the service of the United
States. The President may require the written opinion of
military executive officers, and is empowered to grant
reprieves and pardons, except in the case of impeachment. The
President receives ambassadors and other public ministers,
ensures that the laws are faithfully executed, and commissions
all officers of the United States. The President has power, by
and with the advice and consent of the Senate, to make
treaties, provided that two-thirds of the Senators present
concur. The President also nominates and appoints ambassadors,
other public ministers and consuls, Justices of the Supreme
Court, Federal judges, and other Federal officers whose
appointments are established by law, by and with the advice and
consent of the Senate. The President has the power to fill
temporarily all vacancies that occur during the recess of the
Senate. Also, the President may, on extraordinary occasions,
convene ``emergency'' sessions of Congress. Furthermore, if the
two Houses disagree as to the time of adjournment, the
President himself may adjourn the bodies. In addition to these
powers, the President also has enumerated powers that allow him
to directly influence legislation. The Constitution directs the
President periodically to inform Congress on the State of the
Union, and to recommend legislation that is considered
necessary and expedient. Also, in Article I, section 7, the
Constitution grants the President the authority to veto acts of
Congress.
97. What are the implied constitutional powers of the President?
In addition to express powers, the President possesses
powers that are not enumerated within the Constitution's text.
These implied powers have been, and continue to be, a subject
of dispute and debate. The task of attributing implied powers
to the President is complicated by three factors: the
importance of the presidency in the political strategy of the
Constitution; the President's extensive and vaguely defined
authority in international relations; and the fact that the
President is often said to have inherent or residual powers of
authority.
For example, although the Constitution does not grant to
the President express power to remove administrators from their
offices, as the chief executive, the President holds power over
executive branch officers, unless such removal power is limited
by public law. The President, however, does not have such
implied authority over officers in independent establishments.
When President Franklin D. Roosevelt removed a member of the
Federal Trade Commission, an independent regulatory agency, and
not part of the executive branch, the Supreme Court, in 1935,
ruled the removal invalid. More recently, in 1988, the Supreme
Court upheld the constitutionality of the independent counsel
law. These independent counsels, whoinvestigate and prosecute
alleged criminal conduct of high-ranking officials, can be removed only
by the Attorney General (not by the President) and then only for ``good
cause, physical disability, mental incapacity, or other impairing
conditions.''
Another implied constitutional power is derived from the
President's authority as Commander in Chief. Though the
Congress has the explicit power to declare war, the President
not only has the responsibility to protect the Nation from
sudden attack, but also has initiated military activities
abroad without a formal declaration of war. American Presidents
have authorized military force abroad more than 225 times, but
only on five occasions has Congress declared war: The War of
1812, the Mexican War, the Spanish-American War, World War I,
and World War II. In recent years, most notably through the War
Powers Resolution of 1973, Congress has sought to define more
clearly the conditions under which Presidents unilaterally can
authorize military action abroad.
98. It is constitutionally mandated that the President is Commander in
Chief of the Army and the Navy. What about the other military
services?
Organizationally, the U.S. Marine Corps is a part of the
U.S. Navy, and the military service that is now the U.S. Air
Force was once part of the U.S. Army. These four military
services are a part of the Department of Defense, an executive
branch department. Congress, moreover, has provided that,
subject to the direction of the President and applicable laws,
the Secretary of Defense has authority, direction, and control
over the Department of Defense and, thus, over the Armed
Forces. During time of war or as directed by the President, the
commissioned corps of the Public Health Service may be declared
to be a military service by Executive order. Likewise, the
Coast Guard, usually a part of the U.S. Department of
Transportation, operates as part of the U.S. Navy in time of
war or when directed by the President.
99. What is a Presidential veto?
There are two types of vetoes available to the President.
One, the regular veto, is a ``qualified negative veto,'' which
is limited by the ability of Congress to muster the necessary
two-thirds vote of each House for constitutional override. The
other type of veto is not explicitly designated in the U.S.
Constitution but is traditionally called a ``pocket veto.''
This veto is actually an ``absolute veto'' that cannot be
overridden. It becomes effective when the President fails to
sign a bill after Congress has adjourned and is unable to
override the veto.
The President's veto authority is one of the significant
tools in legislative dealings with Congress. It is not only
effective in directly preventing the passage of legislation
undesirable to the President, but also as a threat, thereby
bringing about changes in the content of legislation long
before the bill is ever presented to the President.
100. Have many bills been vetoed by Presidents?
As of August 1, 1999, U.S. Presidents have vetoed 2,538
bills presented to them by Congress. Of that total number,
1,473 were regular vetoes, and 1,065 were pocket vetoes. This
may be appear to be a large number of vetoes, but it actually
represents about 3 percent of the approximately 93,500 bills
presented to U.S. Presidents since George Washington. (See the
accompanying table, Vetoes by Presidents.)
VETOES BY PRESIDENTS
[Through August 1, 1999]
------------------------------------------------------------------------
Regular Pocket Total Vetoes
President vetoes vetoes vetoes overridden
------------------------------------------------------------------------
George Washington................ 2 ....... 2 ..........
John Adams....................... ....... ....... 0 ..........
Thomas Jefferson................. ....... ....... 0 ..........
James Madison.................... 5 2 7 ..........
James Monroe..................... 1 ....... 1 ..........
John Quincy Adams................ ....... ....... 0 ..........
Andrew Jackson................... 5 7 12 ..........
Martin Van Buren................. ....... 1 1 ..........
William Henry Harrison........... ....... ....... 0 ..........
John Tyler....................... 6 4 10 1
James K. Polk.................... 2 1 3 ..........
Zachary Taylor................... ....... ....... 0 ..........
Millard Fillmore................. ....... ....... 0 ..........
Franklin Pierce.................. 9 ....... 9 5
James Buchanan................... 4 3 7 ..........
Abraham Lincoln.................. 2 5 7 ..........
Andrew Johnson................... 21 8 29 15
Ulysses S. Grant................. 45 48 93 4
Rutherford B. Hayes.............. 12 1 13 1
James A. Garfield................ ....... ....... 0 ..........
Chester A. Arthur................ 4 8 12 1
Grover Cleveland (1st term)...... 304 110 414 2
Benjamin Harrison................ 19 25 44 1
Grover Cleveland (2d term)....... 42 128 170 5
William McKinley................. 6 36 42 ..........
Theodore Roosevelt............... 42 40 82 1
William H. Taft.................. 30 9 39 1
Woodrow Wilson................... 33 11 44 6
Warren G. Harding................ 5 1 6 ..........
Calvin Coolidge.................. 20 30 50 4
Herbert C. Hoover................ 21 16 37 3
Franklin Delano Roosevelt........ 372 263 635 9
Harry S Truman................... 180 70 250 12
Dwight D. Eisenhower............. 73 108 181 2
John F. Kennedy.................. 12 9 21 ..........
Lyndon B. Johnson................ 16 14 30 ..........
Richard M. Nixon................. 26 17 43 7
Gerald R. Ford................... 48 18 66 12
James E. Carter.................. 13 18 31 2
Ronald W. Reagan................. 39 39 78 9
George Bush...................... 29 \1\ 15 44 1
William Clinton.................. 25 0 25 2
--------------------------------------
Totals................... 1473 1065 2538 106
------------------------------------------------------------------------
\1\ President Bush asserted that two bills were not enacted into law
under the pocket veto provisions of the Constitution because Congress
was in recess. Congress, however, maintained that these were not
vetoes because they required action within 10 days of receipt by the
President; both ultimately were considered to be law. A third bill was
asserted by President Bush to be pocket-vetoed during a congressional
recess, but he returned a veto message to the originating House and it
was treated as a regular veto. For further explanation, See U.S.
Congress, Office of the Secretary of the Senate, Presidential Vetoes,
1989-1996, S. Pub. 105-22 (Washington: GPO, September 1997), pp. 6,
12.
101. Are acts often passed over the President's veto?
This occurs very rarely, because pocket vetoes cannot be
overridden and regular vetoes require a two-thirds vote in each
House of Congress. As a consequence, regular vetoes have been
overridden by Congress only 106 times in over 200 years.
Presidents may also be anxious about a poor public image
resulting from having a veto overridden by Congress and,
depending on the circumstances, may be hesitant to use it
unless reasonably assured of being sustained.
The U.S. President with the highest percentage of veto
overrides was Andrew Johnson (71.4 percent), followed by
Presidents Pierce (55.5 percent), Nixon (26.9 percent), Ford
(25.0 percent), Arthur (25.0 percent), and Reagan (22.9
percent).
102. What important court cases relate to the pocket veto?
In practice, Presidents have found the pocket veto to be a
useful tool and have employed it frequently (42.5 percent of
all vetoes), both because Congress has adjourned and because it
precludes a potential override by Congress. Supporters of
congressional prerogatives, on the other hand, object to
unconstitutional use (in their view) of the pocket veto,
because, as an absolute veto, it diminishes the capacity of
Congress to function as a coequal branch of Government in
legislative matters.
Attempts in Federal courts to determine the limits of the
pocket veto have satisfied neither the executive nor the
legislative branch of Government. Federal court opinions have
sustained the President's use of the pocket veto at the end of
a complete congressional cycle. What remains in contention,
despite various court rulings and agreements with two
administrations, is whether the President can pocket veto a
bill between the first and second sessions of a Congress or
during intra session adjournments of more than 3 days.
The Supreme Court has ruled in only two cases related to
the pocket veto issue. The Pocket Veto Case, 279 U.S. 644
(1929), is probably the most famous of the rulings. In this
case, the Supreme Court ruled that the President may pocket
veto a measure not only after the final adjournment of a
Congress, but also during the adjournment after the first
session. According to the Court, the intersession adjournment
prevented the President (Coolidge) from returning the bill, and
the measure did not become law.
The second Supreme Court opinion came in Wright v. United
States, 302 U.S. 583 (1938). The Supreme Court held in Wright
that the bill in question had been properly returned to the
Senate by the President and, in the absence of a congressional
vote to override, it could not become law. In contrast to the
views it had expressed in the Pocket Veto Case, the Wright
opinion approved the President's return of a vetoed bill to an
agent (official of the Senate) of the originating House, even
though that body was not in session.
Lower court opinions have also affected the use of the
pocket veto. In 1974, the U.S. Court of Appeals for the
District of Columbia Circuit extended the decision in Wright by
ruling that an intrasession adjournment of Congress does not
prevent the President from returning a bill to Congress so long
as appropriate arrangements are made for the receipt of veto
message during an adjournment, Kennedy v. Sampson, 511 F.2d 430
(D.C. Cir. 1974).
In other litigation, two 1974 pocket vetoes, one by
President Richard Nixon during a 29-day intersession
adjournment and one by President Gerald Ford during a 31-day
intrasession adjournment, were contested in court. These pocket
vetoes were invalidated when the Justice Department agreed to
the summary judgment in Kennedy v. Jones, 412 F. Supp. 353, 356
(D.D.C. 1976).
In Barnes v. Carmen, 582 F. Supp. 163 (D.D.C. 1984), a
pocket veto by President Ronald Reagan between sessions of the
98th Congress was upheld by the district court, following the
ruling in the Pocket Veto Case. In a 2-to-1 decision in Barnes
v. Kline, 759 F.2d 21 (D.C. Cir. 1985), the Court of Appeals
for the District of Columbia Circuit found that use of the
pocket veto during an intersession adjournment to be
unconstitutional, and rested the decision on the reasoning in
Wright and Kennedy v. Sampson. That decision was vacated as
moot by the Supreme Court in Burke v. Barnes, 479 U.S. 361
(1987). The Supreme Court did not reach the pocket veto issue
since the bill in question (H.R. 4042, a bill requiring
presidential certification of human rights progress by El
Salvador as a condition of continuing United States aid) had
expired by its own terms shortly after the court of appeals had
rendered its decision.
103. What was the line item veto?
The Line Item Veto Act of 1996 gave the President the
authority to cancel certain new spending or entitlement
projects, as well as the authority to cancel certain types of
limited, targeted tax breaks. The President could make these
cancellations within five days of the enactment of a money bill
providing for such funds. These line item vetoes could then be
subject to a two-thirds veto override by each the House and
Senate. President Clinton used the line item veto to make 82
cancellations, and Congress overrode 38 of the cancellations,
all within a single military construction bill.
In 1998, in Clinton v. City of New York, the Supreme Court
held the line item veto unconstitutional, in violation of the
Presentment Clause, found in Article I, section 7 of the
Constitution. The Presentment Clause requires that every bill
that passes the House and Senate must be presented to the
President for either approval or disapproval. According to
Justice John Paul Stevens, writing for the majority, this
clause was violated because the line item veto authority gave
the President a power which was ``the functional equivalent of
partial repeals of acts of Congress,'' and the Constitution
makes no such provision for this.
104. What is the date for the commencement of a President's term and
how is it set?
When the Constitution was ratified, Congress was given
power to determine the date for beginning the operations of the
new administration. Congress set the date of March 4, 1789.
Although George Washington did not take the oath of office
until April 30, 1789, his term began March 4. Later, the 20th
or so-called ``lame-duck'' amendment, ratified in 1933,
established January 20 as the date on which Presidents would be
inaugurated. In 1937, President Franklin D. Roosevelt became
the first President to take the oath on January 20. When
inauguration day falls on a Sunday, it is traditional practice
for the President to take the oath privately on January 20 and
to hold the public ceremony the following day.
105. What qualifications are prescribed for the President?
According to Article II, section 1 of the Constitution,
that person must be a natural-born citizen, at least 35 years
old, and a resident of the United States for at least 14 years.
The question as to whether a child born abroad of an American
parent is ``a natural-born citizen,'' in the sense of this
clause, has been frequently debated. While several
constitutional scholars have argued that such a person should
qualify as a natural-born citizen, there is no definitive
answer.
106. Did any presidential candidate win the popular vote but lose
election in the electoral college?
Yes. In 1876 and 1888. In 1876, Rutherford B. Hayes, a
Republican, received 4,034,311 popular votes and 185 electoral
college votes, as opposed to Samuel J. Tilden, a Democrat, who
won 4,288,546 votes and only 184 electoral college votes. This
election was further complicated by disputes over elections in
Florida, Oregon, South Carolina, and Louisiana. A House
commission was put in place to adjudicate the undecided and
contested votes of a deadlocked electoral college. On the basis
of the rulings by the House commission, the final electoral
votes were 185 votes for Hayes and 184 for Tilden. The final
tallies were not decided until March 2, 1877, two days before
the inauguration. Neither candidate knew who would be President
as each boarded a train for Washington the week before the
inauguration.
In 1888, Benjamin Harrison, a Republican, was elected
President with 233 electoral votes to Grover Cleveland's 168
votes, despite Cleveland's popular election victory of
5,534,488 votes over Harrison's 5,443,892.
107. How often has the election of the President passed to the House of
Representatives?
Three times. This number includes the occurrence in 1876 in
which Rutherford B. Hayes was selected over Samuel J. Tilden
(described above in question 106). In 1800, Thomas Jefferson
and Aaron Burr were tied with 73 electoral votes each. The
House voted in favor of Jefferson.
In 1824, Andrew Jackson won about 155,000 popular votes and
99 electoral votes, but he lacked sufficient numbers to gain a
clear majority over John Quincy Adams, who won approximately
105,000 of the popular votes and only 84 electoral votes, and
two third party candidates: William H. Crawford and Henry Clay,
who had 78 electoral votes between them. The House voted in
favor of John Quincy Adams.
108. What is the wording of the oath taken by the President? Who
administers it?
The oath of office for the President is prescribed by
Article II, section 1, clause 8 of the Constitution as follows:
I do solemnly swear (or affirm) that I will faithfully execute
the office of President of the United States, and will, to the
best of my ability, preserve, protect, and defend the
Constitution of the United States.
Usually, the Chief Justice of the Supreme Court administers
the oath, although there is no provision made for this within
the Constitution. In fact, other judges have administered the
oath at times of unexpected presidential succession.
109. What provision is made by the Constitution or by law for execution
of the duties of President in the event of death, resignation,
disability, or removal from office?
The 25th amendment states:
(1) in case of the removal of the President from
office or of his death or resignation, the Vice
President becomes President;
(2) when there is a vacancy in the office of Vice
President, the President shall nominate a Vice
President who shall take office upon confirmation by a
majority vote of both Houses of Congress;
(3) whenever the President transmits to the President
pro tempore of the Senate and Speaker of the House of
Representatives his written declaration that he is
unable to discharge the powers and duties of his
office, and until he transmits to them a written
declaration to the contrary, such powers and duties
shall be discharged by the Vice President as Acting
President;
(4) whenever the Vice President and a majority of
either the principal officers of the executive
departments or of such other body as Congress may by
law provide, transmit to the President pro tempore of
the Senate and Speaker of the House of Representatives
their written declaration that the President is unable
to discharge the powers and duties of his office, the
Vice President shall immediately assume the powers and
duties of the office as Acting President.
Thereafter, when the President transmits to the
President pro tempore of the Senate and the Speaker of
the House of Representative his written declaration
that no inability exists, he shall resume the powers
and duties of his office unless the Vice President and
a majority of either the principal officers of the
executive departments or such other body as Congress
may by law provide, transmit within 4 days to the
President pro tempore of the Senate and Speaker of the
House of Representatives their written declaration that
the President is unable to discharge the powers and duties
of his office. Thereupon Congress shall decide the issue,
assembling within 48 hours for that purpose, if not already
in session. If the Congress, within 21 days after receipt of
the latter written declaration, or, if Congress is required
to assemble, determines by two-thirds vote of both Houses that
the President is unable to discharge the powers and duties of
his office, the Vice President shall continue to discharge the
same as Acting President; otherwise, the President shall
assume the powers and duties of his office.
110. Who would succeed to the Presidency if the office becomes vacant
and there is no Vice President?
Under the Presidential Succession Act of 1947, it would be
the Speaker of the House of Representatives, after resigning as
Speaker and as a Representative. In the event the Speaker
should not qualify, the President pro tempore of the Senate
would discharge the powers and duties of the office of'
President. Succession would then proceed in the following
order, which has been modified over the years as new
departments have been added: Secretary of State, Secretary of
the Treasury, Secretary of Defense, Attorney General, Secretary
of the Interior, Secretary of Agriculture, Secretary of
Commerce, Secretary of Labor, Secretary of Health and Human
Services, Secretary of Housing and Urban Development, Secretary
of Transportation, Secretary of Energy, Secretary of Education,
and Secretary of Veterans Affairs.
111. Has a President or Vice President ever resigned?
Two Vice Presidents have resigned. John C. Calhoun resigned
on December 28, 1832, three months before the expiration of his
term, to become Senator from South Carolina. Spiro T. Agnew
resigned October 10, 1973, subsequent to pleading nolo
contendere (no contest) to a charge of Federal income tax
evasion. Following Mr. Agnew's resignation, President Richard
Nixon nominated Gerald R. Ford, the Minority Leader of the
House, to fill the Vice Presidential vacancy. The Senate and
House, in accordance with the provisions of the 25th Amendment,
under which Mr. Ford had been nominated, approved the
nomination. He was sworn into office on December 6, 1973. Less
than a year later, on August 9, 1974, Gerald Ford became
President following Richard Nixon's resignation. Shortly
thereafter, Mr. Ford nominated Nelson A. Rockefeller to be Vice
President; he was confirmed and sworn into office on December
19, 1974. Thus, in about one year, two occasions arose for
using the provisions of the 25th Amendment to fill a vacancy in
the Vice Presidency.
112. How many Vice Presidents have succeeded to the Presidency by
reason of a vacancy in that office?
Nine: John Tyler, Millard Fillmore, Andrew Johnson, Chester
A. Arthur, Theodore Roosevelt, Calvin Coolidge, Harry S Truman,
Lyndon B. Johnson, and Gerald R. Ford.
113. Of these successions, how many were caused by the assassination of
Presidents?
Four: Abraham Lincoln, James A. Garfield, William McKinley,
and John F. Kennedy were assassinated. Andrew Johnson served as
President all but 1 month of Lincoln's second term; Theodore
Roosevelt served 3\1/2\ years of McKinley's second term;
Chester A. Arthur served 3\1/2\ years of Garfield's term; and
Lyndon B. Johnson served about 1\1/4\ years of Kennedy's term.
114. What would happen if the President-elect were to die before taking
office?
In the event that the President-elect dies or resigns after
the electoral vote is cast, then the Vice President-elect would
be sworn in as President, as provided for in the 20th
Amendment.
115. How are Vice Presidents elected?
The 12th Amendment provides that the electors appointed by
each State will name on distinct ballots the persons to be
voted for as Vice President. A list of the electoral votes is
then signed, certified, and transmitted ``sealed'' to the
President of the U.S. Senate (i.e., the incumbent Vice
President). These certificates are opened by the President of
the Senate, in the presence of the Senate and House of
Representatives, and the votes are then counted. The person
having a majority of the Vice Presidential votes of the
electors becomes Vice President. If no person has a majority,
the Senate then chooses the Vice President from the two
candidates receiving the largest number of votes. Two-thirds of
the Senators must be present during the voting, with a majority
necessary for election.
116. What are the qualifications for Vice President?
The qualifications for Vice President are the same as
President. Article II, Section 4 of the Constitution provides
that a President must be a natural-born citizen, at least 35
years old, and have been a resident of the United States for at
least 14 years. The Vice President must meet these same
criteria.
117. Does a President have any control over the sessions of Congress?
Under the Constitution the President may convene Congress,
or either House, ``on extraordinary occasions.'' It is usual
for the President in calling an extra session to indicate the
exact matter that needs the attention of Congress. However,
once convened, a Congress cannot be limited in the subject
matter that it will consider.
The President is also empowered by the Constitution to
adjourn Congress ``at such time as he may think proper'' when
the House and Senate disagree with respect to the time for
adjournment. No President has exercised this power. Many
constitutional experts believe the provision applies only in
the case of extraordinary sessions.
118. Has it always been customary for Presidents to appear before joint
sessions of the House and Senate to deliver their annual State
of the Union message?
Presidents George Washington and John Adams appeared before
the two Houses in joint session to read their messages. Thomas
Jefferson discontinued the practice in 1801, transmitting his
message to the Capitol to be read by clerks in both Chambers.
Jefferson's procedure was followed for a full century. In 1913,
believing that the President should make appeals to the Nation
and to Congress, Woodrow Wilson personally appeared before the
two Houses and delivered a special message on finance. Later
that same year, he delivered the ``Annual Message'' before both
chambers, and, with the exception of President Herbert Hoover,
the practice has been followed by subsequent Presidents.
119. What is the ``President's Cabinet''?
The President's Cabinet has been commonly regarded as an
institution whose existence has relied more upon custom than
law. Article II, section 2 of the Constitution, gives some
guidance in this matter, stating that the President ``may
require the Opinion, in writing, of the principal Officer in
each of the executive Departments, upon any subject relating to
the Duties of their respective Offices.'' The historical
origins of the Cabinet can be traced to the first President,
George Washington. After the First Congress created the State,
Treasury, and War Departments and established the Office of the
Attorney General, Washington made appropriate appointments and,
subsequently, found it useful to meet with the heads, also
known as secretaries, of the executive departments. The Cabinet
could act as the President's primary advisory group; in
practice, however, Presidents have used it, along with other
advisors and ad hoc arrangements, as they have seen fit.
120. What is the membership of the Cabinet?
Traditionally, the membership of the Cabinet has consisted
of the heads of the executive departments. Currently, there are
14 departments: the Departments of Agriculture, Commerce,
Defense, Education, Energy, Health and Human Services, Housing
and Urban Development, the Interior, Justice, Labor, State,
Transportation, the Treasury, and Veterans Affairs.
From the earliest days, Presidents have accorded to others
the privilege of attending and participating in Cabinet
meetings. In recent years, the President's Chief of Staff, the
Director of Central Intelligence, and the Director of the
Office of Management and Budget, among others, have been
accorded Cabinet rank.
The Executive Departments and Agencies
121. How are executive departments and agencies created?
Executive departments must be created by statute. By
comparison, agencies in the executive branch may be created by
a variety of means: statute, internal departmental
reorganizations, or, in some instances, Presidential directive.
Deriving from the constitutional capacity as Chief Executive,
Commander in Chief, or by delegation of authority by Congress,
the President can create various agencies or units by Executive
order. All agencies, however, must ultimately be given a
statutory authority if they are to receive appropriations or
their decisions are to have legal force.
122. How are executive departments and agencies funded?
Most depend on annual appropriations passed by Congress. In
some cases, though, the appropriation is permanent and requires
no annual action by Congress. Certain agencies also operate
from revenue received when loans are repaid and from
nonappropriated funds such as money received from theaters,
post exchanges on military bases, and various other types of
user fees.
123. Who oversees the operations of executive departments and agencies?
Oversight of the executive departments is shared among the
three branches of Government. It is exercised by Congress as a
consequence of its constitutional authority to enact laws,
appropriate funds, and make rules for the Government. Congress
monitors departmental administration and operations and reviews
past activities, in order to ensure compliance with legislative
intent, among other reasons. Congressional oversight is
conducted largely through the committees and subcommittees of
the House of Representatives and Senate. These panels are
assisted by their own staff and congressional support agencies.
The Federal courts also exert a degree of control over the
executive departments through judgments as to the legality of
actions or orders compelling compliance with the laws.
Within the executive branch, the President exercises
control over departments and the agencies through appointments
of officials, as well as through the Office of Management and
Budget. In addition, other offices, such as chief financial
officers and inspectors general, are involved in overseeing
agency operations and activities.
124. Why is there a merit system for Federal employees?
The Federal merit system was established to ensure that any
personnel actions, such as hiring, promotion, demotion, or
firing, are taken on the basis of an individual's ability and
performance. It replaced the ``spoils system'' whereby
political patronage controlled hiring and firing practices. By
contrast, the merit system is designed to ensure that the best
candidates are hired for Federal positions, that they will be
treated fairly, and that they will have the opportunity to rise
as far as their abilities take them. Important merit system
principles include the selection and advancement for Federal
positions on the basis of knowledge, ability and skills, under
fair and open competition; and personnel management conducted
without regard to politics, race, color, religion, national
origin, sex, marital status, age or handicapping condition.
125. Are all Federal employees covered by a merit system?
More than 90 percent of federal employees are covered under
one of four merit systems. The Civil Service System is the
largest merit system and is managed by theOffice of Personnel
Management. It covers approximately three-fifths of all Federal
employees. The Senior Executive Service system covers only the upper
stratum of civil servants. Some agencies, including the U.S. Postal
Service and the Federal Bureau of Investigation, have separate merit
systems, and these systems account for approximately 30 percent of all
federal employees. The remainder of the federal employees covered by
merit systems are under the Excepted Service.
126. What are the roles of the Office of Personnel Management, the
Merit Systems Protection Board, and the Federal Labor Relations
Authority?
The Civil Service Reform Act of 1978 created three separate
agencies to replace the U.S. Civil Service Commission. The
Office of Personnel Management (OPM) is the central personnel
agency for the Federal Government. Among other
responsibilities, it advises the President on civilian
employment matters; executes, administers, and enforces civil
service laws, rules, and regulations; and provides leadership
and assistance to Federal agencies in carrying out Federal
personnel policies.
The Merit Systems Protection Board (MSPB) is a quasi-
judicial agency designed to protect the integrity of the
Federal merit system against prohibited personnel practices. An
Office of Special Counsel (OSC), which until 1989 was part of
MSPB, but is now an independent entity, is an investigative and
prosecutorial agency charged with protecting employees from
prohibited personnel practices, especially reprisal for
whistleblowing. The Federal Labor Relations Authority (FLRA)
adjudicates labor-management disputes in Federal agencies. It
is responsible for conducting hearings and deciding complaints
of unfair labor practices.
INDEPENDENT AGENCIES AND COMMISSIONS
127. What are independent agencies and regulatory commissions?
In general, the independent agencies comprise all Federal
administrative agencies not included under the executive
departments or under the direct, immediate authority of the
President. These many and diverse organizations range from
regulatory commissions, to Government corporations, such as the
U.S. Postal Service, to a wide variety of boards and
foundations. Some of these, such as the Smithsonian
Institution, are of long standing, while others have been
created in recent years, as the Federal Government has
increased its responsibilities. Independent regulatory
commissions have been established by Congress--beginning in the
1880s with the now defunct Interstate Commerce Commission--to
regulate some aspect of the U.S. economy. Among these are the
Securities and Exchange Commission, the Federal Communications
Commission, the Federal Trade Commission, and the Nuclear
Regulatory Commission.
Such agencies are not independent of the U.S. Government
and are subject to the laws that are approved by Congress and
executed by the President.
128. To whom are independent agencies and commissions responsible? How
do they report on their activities?
Independent regulatory commissions, Government
corporations, and various other Government-sponsored
enterprises are bodies headed by several commissioners,
directors, or governors, who are appointed by the President and
confirmed by the Senate. Unlike administrators of executive
agencies, regulatory commissioners serve for fixed terms and
cannot be removed at the pleasure of the President. In some
cases, Government-sponsored enterprises may also have directors
who are private citizens. While all of the independent
regulatory commissions and most of the Government-sponsored
enterprises submit their budget requests to OMB for review and
clearance, the degree of dependence on these budgets varies
considerably. While nearly all of the Government-sponsored
enterprises generate a substantial part of their financial
resources from outside sources, almost all the independent
regulatory commissions rely on the Government for their
funding.
Activities of all of these entities are presented in public
reports which are prepared annually. In addition, they are
subject to periodic authorization and appropriations hearings
in Congress, where their activities and operations can be
reviewed.
THE JUDICIAL BRANCH
129. What is the ``supreme law of the land''?
The Constitution, laws of the United States made pursuant
to the Constitution, and treaties made under authority of the
United States comprise the ``supreme law of the land.'' Judges
throughout the country are bound by them, regardless of
anything in separate State constitutions or laws.
130. What is the main principle of the system of justice in the United
States?
The guiding principle of the U.S. system of justice,
``Equal Justice Under Law,'' is engraved in the marble pediment
above the entrance of the U.S. Supreme Court Building.
The Courts of the United States
131. By what authority are the Federal courts established?
Article III of the Constitution provides that there shall
be one Supreme Court and such inferior courts as Congress may
``ordain and establish.'' Additionally, Article 1, Section 8
provides that Congress has the power ``to constitute tribunals
inferior to the Supreme Court.'' The Judiciary Act of 1789
formally established the Supreme Court and Federal court
system. Additional information about the federal court system
may be found at .
132. What is the highest court and how is it organized?
As mandated by the Constitution, the Supreme Court of the
United States is the highest court. The Court has been composed
of the Chief Justice of the United States and, since 1869,
eight Associate Justices. Congress, which governs the Court's
organization by legislation, varied the number of Justices
between five and 10 in the period prior to 1869. Congress
requires six Justices for a quorum to transact the business of
the Court.
133. What is the jurisdiction of the Supreme Court?
The Constitution provides that in all cases affecting
ambassadors to the United States, other public ministers and
consuls, and those in which a State is party, the Supreme Court
has original jurisdiction. The 11th amendment, moreover,
precludes citizens of one State from suing another State.
Additionally, the Constitution provides that Congress may
regulate the appellate jurisdiction of the Court. Congress has
authorized the Supreme Court, among other things, to review
judgements of lower Federal courts and the highest courts of
the States.
134. What is the process by which the Supreme Court reaches a decision
and who sets this process or procedure?
The internal review process of the Court has largely
evolved by custom while the procedures to be followed by
petitioners to the Court are established in rules set forth by
the Court.
After initially examining each case submitted, the Justices
hold a private conference to decide which cases to schedule for
oral argument, which to decide without argument, and which to
deny. If at least four Justices agree, a case will be taken by
the Court for a decision, with or without oral argument, and
the other petitions for review will be denied. If oral argument
is heard, the parties are generally allowed a total of one hour
to argue the issues and respond to questions from the Justices.
Later, in conference, the Justices make their decision by
simple majority or plurality vote. A tie vote means that the
decision of the lower court is allowed to stand. Such a vote
could occur when one or three Justices do not take part in a
decision.
135. How does the Supreme Court cope with the large number of decisions
which it receives on appeal from State and Federal courts?
Each year the Court receives more than 7,000 petitions from
State and lower Federal courts. While examining all of the
cases submitted, the Court agrees to hear oral arguments on
about 90 each term. Also, the Justices, without hearing oral
arguments, decide a limited number of other cases--usually
fewer than 75. The rest of the petitions are denied.
136. Who writes the opinions of the Supreme Court?
When the Justices have decided a case, the Chief Justice,
if voting with the majority, may write the opinion himself or
assign an Associate Justice to write the opinion of the Court.
If the Chief Justice is in the minority, the senior Associate
Justice in the majority may write the opinion himself or
herself or assign another Associate Justice in the majority to
write the opinion. The individual Justices may write their own
concurring or dissenting opinions in any decision.
137. Why is so much importance placed on a Supreme Court decision?
Article VI of the Constitution provides that the
Constitution and the laws of the United States made ``in
Pursuance thereof '' shall be the supreme law of the land.
Thus, when the Supreme Court decides a case, particularly on
constitutional grounds, it becomes guidance for all the lower
courts and legislators when a similar question arises. Under
its power of judicial review, the Court can declare laws
unconstitutional, thus making them null and void.
138. What are the Federal District Courts and how are they organized?
The 94 district courts, created by Congress, are the trial
courts in the Federal judicial system. It is in these courts
that most Federal cases are first tried and decided. There is
at least one district court in each State for a total of 89 in
the 50 States. In addition, there is one court for each of the
following five jurisdictions: District of Columbia, Puerto
Rico, Guam, the Virgin Islands, and the Northern Mariana
Islands. The number of judges varies in each court from two to
28. Trials in these courts are generally heard by a single
judge.
139. What are the Courts of Appeals and how are they organized?
Often called circuit courts, they are divided
geographically into 12 circuits, each having from 6 to 28
judges. The jurisdiction of these courts covers appeals from
the district courts and appeals from actions of Government
agencies. Cases are generally presented to the courts sitting
in panels consisting of three judges. There also is a Court of
Appeals for the Federal Circuit with a nationwide jurisdiction,
which reviews lower court rulings in, among other things,
patent, trademark, and copyright cases.
140. What other Federal courts are there?
There are several special courts of the United States that
have jurisdiction over specialized subjects. The jurisdiction
of each court is indicated by its title: The U.S. Court of
Federal Claims hears various kinds of claims against the United
States; the Court of International Trade hears claims against
the Government arising from Federal laws governing import
transactions; the Tax Court adjudicates controversies involving
deficiencies or overpayment of taxes; the U.S. Court of Appeals
for the Armed Forces reviews court-martial convictions of all
of the armed services; and the Court of Veterans Appeals
reviews decisions of the Board of Veterans Appeals. There are a
few other courts composed of regular U.S. district and
appellate judges who render this service in addition to their
regular duties.
The Justices and Judges
141. What are the qualifications required to be a Justice of the
Supreme Court?
There are neither constitutional nor statutory
qualifications for appointees to the Supreme Court. Determining
the qualifications of the individuals selected is left up to
the President, who nominates, and the Members of the Senate,
who confirm individuals to the Court.
142. What is the tenure of a Federal judge?
Judges of the Court of Federal Claims, Tax Court, Court of
Appeals for the Armed Forces, and Court of Veterans Appeals
have terms of 15 years, and judges of the territorial District
Courts in Guam, the Virgin Islands, and the Northern Mariana
Islands have 10-year terms. Otherwise, the judges of the courts
mentioned in the preceding questions, including the Supreme
Court, courts of appeals, and most Federal district courts,
have ``good behaviour'' tenure as specified in the
Constitution, which is generally considered to be life tenure.
143. Why do most Federal judges have ``good behaviour'' tenure?
The Framers of the Constitution believed that by allowing
for a ``good behaviour'' tenure and prohibiting the diminution
of a judge's compensation while in office, the independence of
the Federal judiciary could be preserved. Thus, if a judicial
decision displeased the Executive or legislature, or a majority
of the population, the judges could not be punished for it.
This judicial independence was considered to be a key part of
the system of checks and balances established by the
Constitution.
144. How and for what reasons may judges with ``good behaviour'' tenure
be removed from office?
Such judges may be removed from office by impeachment for
treason, bribery, or other high crimes and misdemeanors. One
statute specifically states that Justices or judges appointed
under the authority of the United States who engage in the
practice of law are guilty of a high misdemeanor. Otherwise, it
is up to Congress to determine if certain judicial misbehavior
meets the understanding of a high crime and misdemeanor.
145. What is the oath of office for Federal judges and Justices?
A Federal statute provides that each Justice or judge of
any court created by enactment of Congress shall take the
following oath before performing the duties of office: I do
solemnly swear (or affirm) that I will administer justice
without respect to persons, and do equal right to the poor and
to the rich, and that I will faithfully and impartially
discharge and perform all the duties incumbent upon me as * * *
under the Constitution and laws of the United States. So help
me God.''
THE ELECTORAL PROCESS
146. How are Presidents and Vice Presidents of the United States
nominated?
Candidates for President and Vice President are nominated
either through individual declaration or by the action of a
major or minor political party.
Presidential and Vice Presidential candidates nominated by
the major parties are chosen at the national conventions of
their respective parties. Delegates to these conventions are
chosen on the State level by a variety of methods, including
Presidential primaries, caucuses, conventions, or some
combination of two or more of these elements. The process of
delegate selection begins early in the Presidential election
year, usually in late January or early February, and is
completed well in advance of the national conventions, usually
by June. National party conventions traditionally meet in July
or August of Presidential election years, with the party ``out
of power'' in the White House usually convening about one month
prior to the other party.
The prenomination campaign may begin within the major
parties as early as a candidate wishes to announce and begin
organizing and fundraising. However, only funds raised after
January 1 of the year preceding the Presidential election year
qualify for Federal matching funds, however.
147. How are Presidents and Vice Presidents elected?
The President and Vice President of the United States are
chosen every four years, in even-numbered years divisible by
the number four, by a majority vote of Presidential electors
who are elected by popular vote in each State.
Candidates for the Presidency, Vice Presidency, and the
office of elector representing the major political parties are
automatically accorded ballot access in all of the States,
while minor party candidates must satisfy various State
requirements, such as gaining a requisite degree of public
support, through petition signatures, establishing a State-
mandated organizational structure, or having polled a required
number of votes in the most recent statewide election.
All States also provide for inclusion of independent
candidates on the general election ballot. In almost every
case, candidates must submit a requisite number of petitions
signed by registered voters in order to gain ballot access.
Some States also provide for write-in votes for candidates not
included on the ballot.
Although the major political parties dominate Presidential
election contests, there are usually a number of independent
and minor party candidates. In 1996, for example, 19 minor
party candidates for President were listed on the ballot in at
least one state, including the Reform Party candidate, who
received 8.4% of the popular vote. The same candidate had also
run in 1992 on the Reform Party ticket and won 18.9% of the
vote, the highest minor party vote total since the 1912
election, when former President Theodore Roosevelt won 27.4% as
the Progressive Party candidate. None of the minor party
candidates in either 1992 or 1996 won any electoral votes.
The general election campaign for independent or minor
party candidates may begin as early as the candidates wish.
Major-party Presidential campaigns traditionally begin on Labor
Day and, therefore, last approximately two months.
148. What is the ``electoral college''? What is its role in the
election of the President and Vice President of the United
States?
The President and Vice President of the United States are
elected by electors, individuals who are chosen in the November
general election in Presidential election years. The electors
meet in their respective States on the first Monday after the
second Wednesday in December to vote, separately, for President
and Vice President. Although the term does not appear in the
Constitution, the electors are collectively known as the
electoral college.
Each State is assigned a number of electors equal to the
total of its Senators and Representatives in the U.S. Congress.
The District of Columbia, under the 23rd Amendment, chooses a
number equal to that assigned to the least populous State
(three). The electoral college currently comprises 538 members
when constituted. The Constitution requires that candidates for
President and Vice President receive an absolute majority of
electoral votes in order to be elected (270 of the current
total of 538).
The Constitution, in Article II, Section 1, provides that,
``No Senator or Representative, or person holding an office of
trust or profit under the United States shall be appointed an
elector.'' Aside from this disqualification, any person is
qualified to be an elector for President and Vice President.
While the Constitution (Article II, Section 1) empowers the
States to appoint electors ``in such manner as the legislature
thereof may direct,'' all 50 States and the District of
Columbia currently provide that Presidential electors be
elected by popular vote. Forty-eight States and the District of
Columbia provide for winner-take-all, at-large elections, known
as the general ticket system; it awards all electoral votes to
the candidate who receives a plurality of popular votes cast in
the State. Maine, beginning in 1972, and Nebraska, beginning in
1992, comprise the only current exceptions to this arrangement,
using the district system to award electoral votes. Under the
district system, popular votes are tallied in each
congressional district and on a statewide basis. The popular
vote winner in each district is awarded one electoral vote,
while the statewide popular vote winner is awarded two
additional votes, reflecting the two ``senatorial'' electors
assigned to each State regardless of population.
The modern electoral college almost always reflects the
preelection pledges of its members and does not, as the
Founding Fathers anticipated, make independent judgments
concerning who should be elected President and Vice President.
Between 1820 and 1988, only 16 electors cast their votes for
candidates other than those to whom they were pledged. This is
known as the phenomenon of the ``unfaithful'' or ``faithless''
elector. While a number of States have enacted legislation that
seeks to bind electors to the popular vote winners, the
preponderance of opinion among constitutional scholars holds
that electors remain free agents.
The electoral college never meets as one body, but in 51
State electoral colleges, usually in the State capital.
Separate votes are cast for President and Vice President. Once
the electors have voted and the results have been certified by
the Governor of each State, the results are forwarded to the
President of the U.S. Senate (the Vice President). The
electoral vote certificates are opened and tallied at a joint
session of Congress held on the sixth day of January succeeding
every meeting of the electors, or, by custom, on the following
day if the sixth falls on a Sunday, with the Vice President
presiding. The winning candidates are then declared to have
been elected.
If no candidate for President or Vice President has
received a majority, the House of Representatives, voting by
States, elects the President, and the Senate, voting as
individuals, elects the Vice President.
149. Did the electoral college ever vote unanimously for any President?
The electors voted unanimously on only two occasions, both
for George Washington, for the terms beginning in 1789 and
1793. In the Presidential election of 1820, all the electors
except one voted to reelect James Monroe.
150. How are Senators and Representatives nominated and elected?
Senate and House candidates of major political parties are
nominated by primary election in most States. Some States also
provide for a party convention or committee recommendation in
conjunction with a primary. In many States, no primary election
is held for a particular office if the candidate is unopposed
for nomination. Minor-party candidates in most States are
nominated according to individual party rules and procedures.
Independent candidates are nominated by self-declaration.
Major-party candidates are afforded automatic ballot access
in all States, while minor-party and independent candidates
must meet various State requirements, such as submission of
petition signatures of registered voters, in order to be placed
on the general election ballot.
Senators are elected by plurality vote of eligible voters
in their State. A plurality means that the candidate with the
largest number of votes, usually, but not necessarily a
majority, is the victor. Representatives are elected by
plurality vote in the congressional district in which they are
candidates. The only major exceptions to this rule in Federal
general elections are found in the District of Columbia, for
its Delegate to the House, and Georgia, which require that a
candidate receive a majority of popular votes in order to be
elected. A runoff election is scheduled in the event no
candidate receives the requisite majority. In addition,
Louisiana requires that all candidates, including those for the
U.S. Senate and House of Representatives, compete in an all-
party primary election. A candidate winning a majority of votes
under this arrangement is declared elected, and the general
election is canceled for that office.
151. What are the qualifications to vote in a national election?
In practice, all U.S. citizens 18 years of age or older who
meet certain additional qualifications established by the
States are eligible to vote in national elections.
The Constitution originally provided for a limited degree
of public participation in the electoral process, requiring
that Members of the House of Representatives be chosen by
electors having ``the Qualifications requisite for Electors of
the most numerous Branch of the State Legislature''; that
Senators be elected by the State legislature; and that electors
for President be chosen, as previously noted, ``in such a
Manner as the Legislature thereof may direct.''
Prior to the Civil War, State action extended the franchise
to a point where all white males, 21 years of age or older, and
some black males, in certain nonslave States, were eligible to
vote. Since the Civil War, Congress and the States have,
through a series of constitutional amendments and legislative
enactments, progressively extended the franchise. The 15th
Amendment (1870) guaranteed the right to vote regardless of
``race, color, or previous condition of servitude''; the 17th
Amendment (1913) provided for direct popular election to the
Senate; the 19th Amendment (1920) extended the vote to women;
the 23rd Amendment (1961) established the right to vote in
Presidential elections for citizens of the District of
Columbia; the 24th Amendment (1964) prohibited the payment of
any tax as a prerequisite for voting in Federal elections; and
the 26th Amendment (1971) extended the vote to citizens 18
years of age or older.
Since 1957, Congress has enacted laws designed to prevent
racial discrimination in the election process, namely, the
Civil Rights Acts of 1957, 1960, and 1964. In 1965, Congress
also passed the Voting Rights Act which suspended for a stated
period of time all tests and similar devices, which had been
used to discriminate against minority groups, particularly
black citizens. This same legislation authorized Federal
officers to register voters and to observe elections to insure
that there was no discrimination. In 1970, Congress extended
for an additional period of time the test suspension features
of the 1965 Act and reduced the residence requirements imposed
by States as a prerequisite for voting for Presidential
electors. The Voting Rights Act Amendments of 1970 provided for
the abolition of continual residency requirements for voting in
Presidential elections and required the States to provide for
absentee registration and voting in Presidential elections.
In 1975, Congress again extended the Voting Rights Act;
placed a permanent nationwide ban on the use of literacy tests
and devices; expanded the act to provide coverage for minority
groups not literate in English; and required affected States
and jurisdictions to offer certain kinds of bilingual
assistance to voters. Congress again extended the Voting Rights
Act in 1982 and amended it, to enable jurisdictions to seek
release from its coverage, but only if they could meet certain
conditions. Section 2 of the Act was also amended to provide
that the courts could judge an election law to be
discriminatory without proof that it was intended to be so, so
long as the law resulted in abridging or diluting minority
voting power.
The Uniformed and Overseas Citizens Absentee Voting Act of
1987 guarantees the right of persons in military service or
living abroad to vote by absentee ballot in Federal elections.
The Voting Accessibility for the Elderly and Handicapped Act of
1984 mandates Federal standards of physical accessibility for
polling places and registration sites and requires the
availability of large type ballots and hearing devices for the
handicapped.
Voters must also meet State requirements in order to vote,
the most common of which is registration. Citizens in 46 States
and the District of Columbia must register between 10 and 50
days in advance of election day, while the States of Maine,
Minnesota, and Wisconsin provide for registration on election
day. In addition, North Dakota does not require registration of
voters, relying instead on presentation of personal
identification at the polls. Thirty States and the District of
Columbia require that voters be residents for a period of
between 1 and 50 days prior to election day. In addition, most
States bar registration and voting by convicted felons and
those judged mentally incompetent.
152. Who is responsible for the administration of elections in the
United States?
The administration of elections, including regulation of
political parties, ballot access, and registration procedures,
establishment of polling places, provision of election-day
workers, counting and certification of the vote, and all costs
associated with these activities, are the responsibility of the
States. In performing these functions, the States are subject
to the requirements of the Constitution and Federal law, as
noted above.
153. How was the choice of a national election day made?
The Constitution (Article II, Section 1) provides that
``Congress may determine the Time of choosing the Electors, and
the Day on which they shall give their votes; which Day shall
be the same throughout the United States.'' In 1792, Congress
enacted legislation establishing the first Wednesday in
December as the day on which Presidential electors were to
assemble and vote, and further required the States to appoint
electors within 34 days prior to the date set for the electors
to vote. In 1845, Congress enacted legislation providing a
uniform date for the choice of electors in all States,
establishing ``Tuesday next after the first Monday in the month
of November of the year in which they are to be appointed.''
In 1872, Congress extended the November election day to
cover elections for Members and Delegates to the U.S. House of
Representatives. In 1915, following ratification of the 17th
amendment, which established direct popular election of
Senators, the Tuesday after the first Monday in November was
also designated as election day for Senators.
The decision to create a single day for the selection of
Presidential electors was intended, in part, to prevent
election abuses resulting from electors being selected on
separate days in neighboring States. Several other reasons are
also traditionally cited as being responsible for the selection
of November as the time for Federal elections. In a largely
rural and agrarian nation, harvesting of crops was completed by
November, so farmers were able to take the time necessary to
vote. Travel was also easier before the onset of winter weather
throughout the northern States. Tuesday was chosen partly
because it gave a full day's travel time between Sunday, which
was widely observed by religious denominations as a strict day
of rest, precluding most travel, and voting day. This interval
was considered necessary when travel was either on foot or by
horse in many areas, and the only polling place in most rural
areas wasat the county seat. The choice of Tuesday after the
first Monday prevented elections from falling on the first day of the
month, which was often reserved for court business at the county seat.
154. What federal laws regulate the financing of election campaigns?
The Federal Election Campaign Act (FECA) of 1971, as
amended, regulates the financing of campaigns for election to
federal office. The Act regulates fund raising and expenditures
related to primary, general, and special elections.
The FECA, as amended, establishes three major aspects of
campaign finance regulation applicable to all candidates for
federal office and to others who spend money to influence
federal elections (under standards created by statute and
judicial ruling):
Disclosure of receipts and expenditures on a regular basis,
including both aggregate data and detailed information on
contributions and expenditures in amounts greater than $200;
Prohibition on spending of treasury funds by corporations,
labor unions, and national banks to influence federal elections
(as opposed to the creation of political action committees,
called PACs, by such entities to raise voluntary contributions
from specific, restricted classes); and
Limitations on amounts that can be contributed to candidates,
PACs, and political parties.
In contrast with contributions, expenditures for communications
directly with voters are generally not subject to federal limits.
Provisions initially enacted in the Revenue Act of 1971 offer
optional public financing, for candidates in presidential primary and
general elections and for political parties' presidential nominating
conventions.
The Federal Election Commission (FEC) is the principal enforcement
agency, with primary civil jurisdiction and investigatory authority in
criminal cases. The FEC has the power to prescribe regulations to
implement and clarify campaign laws, to issue advisory opinions to
facilitate compliance with the law, and to disseminate information on
campaign finances to the public.
155. Who pays for the campaigns of candidates for federal office?
Most of the funding for federal candidates comes from
voluntary contributions by individuals, groups, and political
parties. Since 1976, Presidential candidates have also had the
option--which most have accepted--of public funding for their
campaigns, which is supported by taxpayer designations against
their tax liability of $3 ($6 on joint returns). Public funding
is not available to candidates for Congress.
156. How much can individuals contribute to candidates' campaigns for
federal office?
Under federal election law, individuals are subject to
contribution limits of $1,000 per candidate per election
(primary and general elections are counted separately), $5,000
per year to a political action committee (PAC), and $20,000 per
year to a political party's national committee. An individual's
total contributions to candidates, PACs, and parties for
federal election campaigns may not exceed $25,000 per year.
157. How much may interest groups contribute to candidates' campaigns
for federal office?
Through PACs, interest groups may contribute up to $5,000
per candidate per election--if the PAC meets, as most do, the
law's criteria for a multicandidate committee (a political
committee that has been registered with the FEC for at least 6
months, has received contributions from more than 50 people,
and has made contributions to at least 5 Federal candidates).
158. How much may political parties contribute to candidates' campaigns
for federal office?
Political parties are essentially treated as PACs for
purposes of contribution limits: they may contribute up to
$5,000 per candidate per election. They may also make
coordinated expenditures on behalf of their general election
candidates, subject to higher limits that are indexed for
inflation.
159. How much may candidates spend on their campaign for federal
office?
Candidates may spend unlimited amounts of their own
personal funds on their campaigns, except Presidential and Vice
Presidential candidates who accept public funds may spend no
more than $50,000 from personal and immediate family funds.
160. How does public funding of Presidential elections work, and how
may candidates qualify to receive it?
Under federal election law, presidential candidates may
choose to accept public funds if they agree to abide by
specified expenditure limits and meet other eligibility
criteria. Primary election campaigns are funded through the
Presidential Primary Matching Payment Account, general election
campaigns and conventions through the Presidential Election
Campaign Fund. These funds come from a $3 per taxpayer optional
check-off designation on Federal income tax returns.
A primary candidate may be eligible for matching funds
after raising $100,000, in amounts of $5,000 from each of 20
States, in donations from individuals of $250 or less.
Thereafter, the Fund matches each contribution of $250 or less
until the total amount of public funds equals 50% of the
candidate's primary spending limit. By linking the level of
funds received to that of private funds raised in the
primaries, the law seeks to insure receipt of public funds only
by serious candidates (i.e., those who demonstrate public
support by raising a sizable number of private contributions).
In the general election, nominees of the major parties for
President and Vice President are automatically eligible for a
flat stipend from the Presidential Election Campaign Fund. In
1996, the major-party candidates, Bill Clinton and Bob Dole,
each received $61.8 million for the general election (an amount
which is adjusted every four years for cost-of-living changes).
No private contributions may beaccepted by major-party
candidates who receive general election public funding, except for a
specified amount from their parties' national committees.
Third-party candidates may get public funds in an amount
proportionate to votes received by that party as compared with
the major parties in the previous presidential election. In
1996, Ross Perot became the first third-party candidate to be
eligible and received $29.1 million as a Reform Party
candidate. Independent or new party candidates may receive
retroactive public funds after the election, if they get at
least 5% of the popular votes. John Anderson, in 1980, was the
only candidate to date who received this benefit--some $4.2
million
Parties may receive public funds for their national
nominating conventions. The two major parties each received
$12.4 million in 1996. This amount, also, is subject to cost-
of-living increases. No minor parties have qualified to date
for this subsidy.
161. What about spending outside of a candidate's control? Does federal
law regulate such efforts to influence elections?
Spending money to communicate with voters independent of a
candidate's campaign is generally subject to Federal regulation
only if the message contains express advocacy (i.e., expressly
advocates the election or defeat of a clearly identified
candidate through such words as ``vote for Smith'' or ``defeat
Jones''). If a communication contains express advocacy and has
not been made in coordination with an affected candidate, it is
considered an independent expenditure under the FECA. All
principles of Federal regulation apply to these expenditures,
but there are no limits on the amounts that may be spent on
such communications. If a non-coordinated communication does
not contain express advocacy such as specific words advocating
the election or defeat of a candidate, courts have generally
held that funding for these communications are not subjected to
Federal contribution limits, because such speech is protected
by the First Amendment. Courts have held such ads may discuss a
candidate's actions, voting record or position on an issue, so
long as they do not contain express advocacy. These messages
are often called issue ads or issue advocacy.
162. What is ``soft money''?
``Soft money'' is a term often used for funds raised and
spent by political parties, corporations, labor unions and
other groups that is not subject to regulation by the Federal
Election Commission. This money comes from corporations, labor
unions, and individuals in amounts greater than those permitted
by the Federal contribution limits.
One example of soft money is funds raised and spent by
political parties for state, as opposed to Federal campaign
activities. Such funds are currently regulated by state law.
When political parties spend money for activities that could
impact both state and federal elections, such as generic party
advertising, voter registration and get-out-the vote programs,
FEC rules require these activities to be paid for with a mix of
funds raised under federal and state law. Those percentages are
determined by the ratio of federal and state candidates on the
ballot in a particular election. Some state contribution limits
are more restrictive than Federal law, while others are less
restrictive.
Another example of soft money is funds spent by
corporations to communicate with their executives and
stockholders, and spent by unions to communicate with their
members. Large amounts of money are spent, particularly by
unions to educate, register, and turn out union members and
their families. Courts have held that dues paying union workers
who are not union members are not required to pay for political
activities of the union if they do not wish to, however that
principle does not apply to full union members.
Campaign Disclosure
Federal law requires that all contributions to Federal
election campaigns must be periodically disclosed to the
Federal Election Commission. The public may examine these
reports by national political parties, Federal PACs, and
federal candidates on the FEC's website WWW.FEC.GOV. A new law
requires that such reports filed directly with the FEC must be
filed electronically via the Internet, or by similar means.
INFORMATION RESOURCES
163. What is the Office of the Federal Register?
The Office of the Federal Register was established in 1935
by the Federal Register Act and is administered by the National
Archives and Records Administration. It is responsible for the
periodic publication of laws or acts of Congress, Presidential
documents, regulations that Federal agencies have issued under
authority delegated by Congress, and the U.S. Government Manual
(official handbook of the Federal Government). The Manual
provides information on Federal agencies as well as on quasi-
official agencies, on international organizations in which the
United States participates, and on boards, committees, and
commissions. The Office of the Federal Register Web site is
located at .
Laws consist of both public laws, which have general
applicability in the society, and private laws, which normally
affect a particular individual or organization. Each Act of
Congress is numbered and published upon enactment in ``slip
law'' or pamphlet form, and they are cumulated for each session
of Congress in the U.S. Statutes at Large. Regulations of
Government agencies, Presidential proclamations, and Executive
orders having general applicability and legal effect are
published in the Federal Register, which appears usually five
times a week. All regulations currently in force are published
in codified form in the Code of Federal Regulations, which is
updated annually. Presidential speeches, statements, messages,
and other materials made public by the White House are
published currently in the Weekly Compilation of Presidential
Documents and annually in the Public Papers of the Presidents.
164. What kinds of documents are published in the Federal Register?
Four types of documents must be published in the Federal
Register before they are considered legally binding: (1)
Presidential proclamations and Executive orders of general
interest, and any other document the President submits or
orders to be published; (2) every document issued under proper
authority, which prescribes a penalty or course of conduct,
confers a right, privilege, authority, or immunity, or which
imposes an obligation relevant or applicable to the general
public, members of a class of people, or persons of a locality;
(3) documents or classes of documents required by Act of
Congress to be filed and published; and (4) other documents
deemed by the Director of the Office of the Federal Register to
be of sufficient interest. These materials are reproduced in
the Federal Register under one of the following sections: (1)
Presidential Documents; (2) Rules and Regulations; (3) Proposed
Rules; and (4) Notices. Although the Federal Register is
unknown to many citizens, it constitutes a major means of
regulating and governing the United States.
165. What are the other responsibilities of the National Archives?
Statutorily chartered in 1934, the National Archives,
headed by the Archivist of the United States, maintains the
historically valuable records of the Federal Government,
including materials dating to the Revolutionary War era. Its
staff arranges and preserves Federal records and prepares
inventories, guides, and other finding aids to facilitate their
use by Government personnel, scholars, and the public. Its
collections are available for use in research rooms in all of
its facilities, and copies may be purchased. Most of the
historically valuable records in the agency's custody are
maintained in facilities in the Washington, DC, area. Records
that are primarily of regional or local interest, however, are
maintained in 11 regional archives; and there are, as well, 10
specialized Presidential libraries, which are managed by the
National Archives.
166. What are these Presidential libraries and where are they located?
The Presidential libraries managed by the National Archives
began with President Franklin D. Roosevelt, but the current
program was established with the Presidential Libraries Act of
1955. Under the terms of this law, a former President or heirs
may purchase land, usually near the former President's
birthplace or hometown, erect a library edifice, place his
papers and records in it, and deed the facility to the Federal
Government. These libraries and their holdings are open to both
scholars and the public. Presidential libraries have been
established for Herbert Hoover (West Branch, IA), Franklin D.
Roosevelt (Hyde Park, NY), Harry S Truman (Independence, MO),
Dwight D. Eisenhower (Abilene, KS), John F. Kennedy (Boston,
MA), Lyndon B. Johnson (Austin, TX), Gerald R. Ford (Ann Arbor,
MI), Jimmy Carter (Atlanta, GA), Ronald Reagan (Simi Valley,
CA), and George Bush (College Station, TX). A Richard M. Nixon
Presidential Library has been built (Yorba Linda, CA), but it
is a private facility and has not been deeded to the Federal
Government. The Nixon Presidential records, however, remain in
Washington, DC, due to a special 1974 Act of Congress placing
them in the custody of the Archivist. A library also is being
planned for William Clinton in Little Rock, AR. Web sites for
Presidential libraries maintained by the Archivist of the
United States may be found at .
167. Are there libraries across the United States that regularly
receive copies of Federal Government publications as they are
produced?
Many years ago, Congress recognized the desirability of
making Government publications available to the public. The
depository library program was created by Congress in order to
promote the American public's awareness of the activities of
their Government. Under this program, which is administered by
the Superintendent of Documents of the Government Printing
Office, nearly 1,400 libraries throughout the country receive
Federal Government publications free of charge, and, in return,
pledge to provide free access to all library patrons.
Depository libraries are designated by law, by the
Superintendent of Documents, and by Members of Congress. The
Superintendent prepares lists of documents that are available
to the depositories; and they, on the basis of patron interest,
select publications for their collections. A congressional
Member's office, a Federal information center, or a local
reference librarian can usually help to identify the locations
of depository libraries. A Government Printing Office Web site
located at may also
be consulted to locate depository libraries.
168. What is the Federal Information Center Program?
Established in 1966 and managed by the Administrator of the
General Services Administration, the Federal Information Center
(FIC) is a single point of contact for people who have
questions about Federal agencies, programs, and services. The
FIC currently responds to about 2 million calls per year via
its nationwide, toll-free number: 800-688-9889. The Center is
open for public inquiries from 9:00 AM to 8:00 PM ET each
workday, except Federal holidays. Among the most frequent
public inquiries are those having to do with workplace safety
issues, State government matters, immigration and
naturalization, Federal taxes, Federal employment, Government
publications, disaster assistance, and consumer matters. A FIC
Web site may be found at .
169. What special information resources may be found at the Library of
Congress?
The Library of Congress in Washington, DC--which was
established by an act of April 24, 1800 appropriating $5,000
``for the purchase of such books as may be necessary for the
use of Congress''--is now a library both for the Congress and
for the Nation. It was restarted in 1814, when Congress
purchased Thomas Jefferson's personal library of 6,500 books to
replace the 3,000 volumes that burned in the Capitol fire
during the War of 1812. The Library serves Congress in numerous
ways, especially through its collections, reference resources,
and research and analysis provided by the Congressional
Research Service, the Law Library, and other departments and
divisions.
The Library's vast multimedia holdings include books,
papers, maps, prints, photographs, motion pictures, and sound
recordings. Among them are the mostcomprehensive collections of
Chinese, Japanese, and Russian language books outside Asia and the
Commonwealth of Independent States; volumes relating to science and
legal materials outstanding for American and foreign law; the world's
largest collection of published aeronautical literature; the most
extensive collection in the Western Hemisphere of books printed before
1501 A.D.; and manuscript collections relating to manifold aspects of
American history and civilization, including the personal papers of the
Presidents from George Washington through Calvin Coolidge. No
introduction or special credentials are required for persons over high-
school age to use the general reading rooms; special collections,
however, may be used only by those with a serious purpose for doing so.
The Library of Congress Web site is located at .
170. What special information resources are found in other Federal
libraries?
The national medical collection is located at the National
Library of Medicine in Bethesda, MD, and the
national agricultural collection is housed at the National
Agricultural Library in Beltsville, MD.
171. How may someone get access to unpublished Federal records that are
still in agency files?
Enacted in 1966, the Freedom of Information Act (FOIA)
statutorily established a presumptive right of the people to
know about the activities and operations of the Federal
departments and agencies. The law provides any person,
individual or corporation, regardless of nationality, with
access to identifiable, existing agency records without having
to demonstrate a need or even give a reason for such a request.
The burden of proof for withholding material sought by the
public is placed upon the Government. The law specifies nine
categories of information, including certain law enforcement
records, confidential business information, and properly
classified national security documents, that may permissibly be
exempted from the rule of disclosure. Disputes over the
accessibility of requested records may be ultimately settled in
Federal court.
172. How is a request for records made under the Freedom of Information
Act?
A request for records under the Freedom of Information Act
should be made by letter indicating as specifically as possible
what is being sought. The requester should state that he or she
is using the FOI Act. This letter should be sent to the Federal
agency or agencies thought to possess the desired records. The
lower left-hand corner of the envelope should be marked ``FOIA
Request.'' If a special form is needed to process your request,
it will be sent by the agency. An access professional from the
agency may telephone to clarify the request or discuss
responsive materials. A requester may also appeal if the
original request is denied.
173. Must a fee be paid to make a Freedom of Information Act request?
There is no fee to make a FOI Act request. Nonetheless, an
individual, who is not making a request for records for
commercial, scholarly, or news media use, may be asked to pay
reasonable standard charges only for document search and
duplication. The law states, however, that in the case of an
average individual's request, the first 2 hours of search time
or the first 100 pages of duplication shall be provided free of
charge. No agency may require advance payment of any fee unless
the requester has previously failed to pay fees in a timely
fashion, or the agency has determined that the fee will exceed
$250. The law also has a public interest standard allowing the
waiving of fees in whole or in part.
174. Will the Freedom of Information Act allow access to one's own
personal records on file with a Federal agency?
The FOI Act provides any person with presumptive access to
topical agency records. Personal access to one's own records is
more effectively pursued under the Privacy Act. It provides
presumptive access for U.S. citizens and permanent resident
aliens to their own personal records on file with most Federal
agencies. The law specifies certain categories of information,
such as on-going criminal investigation records, that may be
exempted from its rule of disclosure. In the event an
individual finds such personal records to be erroneous, a
supplemental correction may be placed in the file. Access
requests under the Privacy Act are made in the same manner as
FOI Act requests. The request envelope should be marked
``Privacy Act Request.''
175. What kinds of documents and publications are produced by Congress?
Congress produces various kinds of publications in the
course of conducting its work. The daily Chamber activities and
events of the House of Representatives and the Senate are
recorded and published in the Congressional Record. When the
committees and subcommittees of each House of Congress hold
hearings on legislation, to examine some matter, or, in the
case of the Senate, to consider a nomination or treaty, a
transcript of these proceedings is made and is later often
published. Studies and other supplemental materials aiding the
hearings process are sometimes published as so-called committee
prints. House and Senate reports, sequentially numbered,
usually result when a committee completes action on
legislation, concludes an investigation, or, in the case of the
Senate, votes on a nomination or treaty. Other auxiliary
materials of importance to each congressional Chamber, such as
Presidential messages or official submissions by congressional
officers, may be published as House or Senate documents,
another sequentially numbered series. Finally, proposals
introduced by Representatives and Senators are published as
bills and resolutions.
Congress produces many other publications, such as the
Congressional Directory, the primary source of information on
the Congress. Others include the Congressional Pictorial
Directory; How Our Laws Are Made; Our Flag; The Capitol; The
Constitution Rules and Manual of the United States Senate;
Constitution, Jefferson's Manual and Rules of the House of
Representatives; high-school and college debate books; and
various historical documents.
176. Where are these congressional publications available?
All Members receive a limited allotment of most
congressional publications and documents. Committees also
maintain a limited supply of hearings transcripts,committee
prints, reports, documents, bills, and resolutions. The House and
Senate each have a document room that is open to the public where
bills, reports, public laws, and certain documents may be obtained free
of charge. Some congressional publications and documents are available
for purchase from the Superintendent of Documents of the Government
Printing Office (GPO). Also, the GPO operates 24 regional bookstores in
16 States and the District of Columbia. Original or microform copies of
the items may also be found, to varying extents, in major public
libraries, Federal depository libraries, and university and law
libraries throughout the United States. Congressional publications are
available, as well, through websites of the Government Printing Office
(), the Library of Congress (), and the House () and the Senate
(), the latter two sites providing avenues to
committee Web sites where documents may be posted.
177. How may someone obtain access to unpublished records of Congress?
Congress routinely transfers its noncurrent, unpublished
official records, consisting mostly of committee files, to the
Center for Legislative Archives of the National Archives.
Senate records are available there 20 years after they are
created, although some are opened earlier by action of the
committee that created them. House records become available 30
years after their creation, with permission from the Clerk of
the House. A small group of House and Senate records involving
national security or personal privacy issues remain closed for
50 years. The National Archives publishes guides that provide
full descriptions of these valuable collections.
The office files of individual Senators and Representatives
are considered their personal property. Most Members donate
their papers to a historical research institution in their home
state. Guides to the locations of these papers are available
from the House and Senate historical offices.
178. What is the correct form for letters to elected Federal officials?
Correct Form for Letters
President
The President
The White House
1600 Pennsylvania Avenue, N.W.
Washington, DC 20500
Dear Mr. President:
Very respectfully,
Vice President
The Vice President
Old Executive Office Bldg.
17h St. & Pennsylvania Avenue, N.W.
Washington, DC 20501
Dear Mr. Vice President:
Sincerely,
Senator
The Honorable ____
U.S. Senate
Washington, DC 20510
Dear Senator ____
Sincerely,
Representative
The Honorable ____
House of Representatives
Washington, DC 20515
Dear Mr. (Mrs. or Ms.) ____
Sincerely,
=======================================================================
APPENDICES
=======================================================================
GLOSSARY OF LEGISLATIVE TERMS
Act--Legislation which has passed both Houses of Congress,
approved by the President, or passed over his veto, thus
becoming law. Also used technically for a bill that has been
passed by one House and engrossed.
Adjournment--Action taken by either House of Congress to
end a legislative day, which can last longer than 24 hours.
(See also sine die).
Advice and Consent--A process of Senate approval of
executive and judicial appointments, and for treaties
negotiated by the executive branch and signed by the President.
Advice and consent of treaties requires approval by a two-
thirds majority of Senators present and voting, while
appointments require approval by a simple majority.
Amendment--A proposal by a Member (in committee or floor
session of the respective Chamber) to alter the language or
provisions of a bill or act. It is voted on in the same manner
as a bill.
Appropriation--A formal approval to draw funds from the
Treasury for specific purposes. This may occur through an
annual appropriations act, an urgent or supplemental
appropriations act, a continuing resolution, or on a permanent
basis.
Authorization--A law creating or sustaining a program,
delegating power to implement it, and outlining its funding.
Following authorization, an appropriation actually draws funds
from the Treasury.
Bill--Formally introduced legislation. Most legislative
proposals are in the form of bills and are designated as H.R.
(House of Representatives) or S. (Senate), depending on the
House in which they originate, and are numbered consecutively
in the order in which they are introduced during each Congress.
Public bills deal with general questions and become Public
Laws, or Acts, if approved by Congress and signed by the
President. Private bills deal with individual matters such as
claims against the Federal Government, immigration and
naturalization cases, land titles, et cetera, and become
private laws if approved and signed.
Bipartisanship--Cooperation between Members of both
political parties in either or both Houses, or between the
President and Members of Congress representing the other party
in addressing a particular issue or proposal. Bipartisan action
usually results when party leaders agree that an issue is of
sufficient national importance as to preclude normal
considerations of partisan advantage.
Budget--The President's annual proposal to Congress,
submitted in January, outlining executive branch plans for
Federal expenditures and revenue for the coming year. The
budget is subject to substantial revision and amendment as part
of its consideration by Congress.
Budget Authority--Allows Federal agencies to incur a
financial liability. The basic types of budget authority are
appropriations, contract authority, and borrowing authority.
Budget Resolution--House and Senate guidelines, and later
caps, on budget authority and outlays. The budget resolution is
not submitted to the President for approval, as it is
considered a matter of internal congressional rules. Bills that
would exceed budget caps are subject to a point of order,
although waivers have been granted regularly in both Houses of
Congress.
Calendar--A list of bills, resolutions, or other matters to
be considered before committees or on the floor of either House
of Congress.
House legislation is placed on one of five calendars:
Corrections Calendar--Members of the House may place
on the Corrections Calendar any bill appearing on the
Union or House Calendar. Customarily, these bills are
noncontroversial and are normally called on the second
and fourth Tuesday of each month.
Discharge Calendar--Calendar to which written motions
to discharge bills from committees are referred when
the necessary 218 (one-half of the full House
membership) signatures have been obtained. Matters on
the Discharge Calendar are considered on the second and
fourth Monday of each month.
House Calendar--A list of public bills and joint
resolutions, other than revenue measures and measures
appropriating money directly or indirectly, awaiting
action by the House.
Private Calendar--Private bills in the House dealing
with individual matters (such as claims against the
Government, immigration, and land titles) are put on
this calendar. The Private Calendar is called on the
first and third Tuesday of each month.
Union Calendar--Bills and joint resolutions that
directly or indirectly appropriate money or raise
revenue are placed on this House Calendar
chronologically according to the date reported from
committee.
Unlike the House, the Senate has only two calendars for
matters pending in the Senate Chamber:
Senate Legislative Calendar--Listing of bills, both
public and private, which have been reported from
committee, have been discharged from committee, or
which have been placed directly without referral to
committee.
Senate Executive Calendar--Listing of Presidential
nominations to Federal Government positions and
treaties, both of which under the Constitution require
the approval of the Senate.
Caucus--A meeting of Democratic Party members in the House,
which elects party leaders and makes decisions on legislative
business. (See also conference.)
Cloture--A parliamentary device used in the Senate (Rule
22) by which debate on a particular measure can be limited. The
Senate otherwise has a tradition of unlimited debate. The
action of 16 Senators is necessary to initiate a petition for
cloture, and a vote of at least 60 Senators is required to
invoke it.
Committee--Subsidiary organizations of both Houses of
Congress established for the purpose of considering
legislation, conducting investigations, or carrying out other
assignments, as instructed by the parent Chamber. Committee
memberships are determined by party leadership in each House,
with the seniority (time in service) of a Member being
generally a prominent factor in committee assignments.
Congressional committees generally fall into one of four
categories: (1) Standing committees--Permanent organizations
within each House specializing in consideration of bills
falling in particular subject areas. Most of these panels
establish subcommittees or other subunits to handle some of the
workload and conduct hearings. Membership on committees
generally reflects party strength in each House; the majority
party usually provides a majority of members, and a senior
member of the majority party is usually elected chair. (2)
Joint committees--committees including membership from both
Houses. Joint committees are usually established with a narrow
jurisdiction and normally lack authority to report legislation
to the floor of either House. (3) Select or special
committees--committees usually established for a limited time
period to perform a particular function and without authority
to report legislation to the floor of its Chamber. These panels
may be organized by either House, to conduct an investigation
or to make a study and recommendations about a particular
problem. (4) Conference committees--Ad hoc committees composed
of Members of both Houses who are appointed for the specific
purpose of reconciling similar bills which have passed the
House and Senate in different form.
Committee of the Whole (Committee of the Whole House on the
State of the Union)--A practice widely used by the House of
Representatives to expedite the consideration of legislation.
Advantages include lower quorum requirements (100 Members,
rather than 218)--and streamlined procedures, including
limitations on debate. All decisions taken in the Committee of
the Whole require approval by the full House.
Conference--Republican Members' organization in the House
and Senate and Democratic Members' organization in the Senate,
which elects party leaders and makes decisions on legislative
business. (See also caucus.)
Confirmation--Action by the Senate approving Presidential
nominees for the executive branch, regulatory commissions, and
certain other positions.
Contempt of Congress--Willful obstruction of the
legislative process. Persons cited for contempt of Congress by
either House or one of their committees are subject to
prosecution in Federal courts.
Continuing Resolution--A joint appropriations measure
providing emergency funding for agencies whose regular
appropriations bill has not been passed.
Discharge Petition--Process in the House of Representatives
by which a bill may be brought to the floor 30 days after
referral to a committee (or 7 days in the case of the Rules
Committee) by majority vote, despite the failure of the
relevant committee to report it.
Filibuster--Under the Rules of the Senate and as a matter
of tradition, debate on any measure or matter is generally
unlimited. A filibuster is typically characterized by
individual Senators or groups of Senators speaking at extended
length against a pending measure, often with the objective of
frustrating action on the pending legislative proposals.
Five-Minute Rule--Under House Rules, a measure considered
in the Committee of the Whole is governed by the 5-minute rule.
A Member offering an amendment is recognized to speak in favor
of it for 5 minutes; another Member can claim 5 minutes of time
to speak against the amendment. Pro forma amendments may be
offered to extend debate time in additional 5-minute blocks.
Germaneness--A House rule that amendments to a bill must
relate to the subject matter under consideration.
Gerrymandering--Drawing of district lines to maximize the
electoral advantage of a political party or faction. The term
was first used in 1812, when Efbridge Gerry was Governor of
Massachusetts, to characterize the State redistricting plan.
Hearing--A meeting or session of a committee of Congress--
usually open to the public--to obtain information and opinions
on proposed legislation, to conduct an investigation, or
oversee a program.
Joint Meeting--A meeting of both Houses of Congress, in
which each Chamber recesses to meet for an occasion or
ceremony, usually in the House Chamber. The Members of each
Chamber agree by unanimous consent agreements to meet, but
without formally adjourning the legislative session for the
day. Foreign dignitaries visiting the Capitol frequently
address joint meetings of the Congress.
Joint Session--A meeting of both Houses of Congress,
customarily held in the House Chamber. Joint sessions are held
for necessary administrative and official purposes: e.g., the
purpose of counting electoral votes, attending inaugurations,
and to hear presidential State of the Union messages. In recent
years, concurrent resolutions have been passed to set the time
and place for joint sessions. Before attending a joint session,
each Chamber first adjourns its legislative session.
Lame Duck Session--A session of Congress meeting after
elections have been held, but before the newly elected Congress
has convened.
Legislative Day--A formal meeting of a House of Congress
which begins with the call to order and opening of business and
ends with adjournment. A legislative day may cover a period of
several calendar days, with the Senate recessing at the end of
each calendar day, rather than adjourning.
Markup--The process in which congressional committees and
subcommittees amend and rewrite proposed legislation in order
to prepare it for consideration on the floor.
Memorial--A petition to Congress from State legislatures,
usually requesting some sort of legislation, or expressing the
sense of the State legislature on a particular question.
Nomination--Two distinct uses of this term are: (1) the
process by which candidates for an elected office gain
political party approval and status as the party nominee on the
general election ballot; (2) appointments to office by the
President that are subject to Senate confirmation.
One-Hour Rule--The rule stipulating debate limits in the
House of Representatives. Measures brought up for consideration
in the House are debated for 1 hour, with the majority
supporters of the bill customarily yielding half of the debate
time to the opposing party.
One-Minute Speech--By custom (and not by rule of the
House), Members may be recognized at the beginning of a daily
session, after the Chaplain's prayer, the Pledge of Allegiance,
and the approval of the Journal for the previous day's session.
Sometime these speeches are made at the end of the day, after
legislative business. Members address the House on subjects of
their choice for not more than 1 minute each.
Other Body--The practices of the House and Senate prohibit
direct reference in floor debate to actions taken in the other
Chamber. Members typically refer to actions taken in ``the
other body,'' rather than to name the House or Senate
expressly.
Petition--A request or plea sent to one or both Houses from
an organization or private citizens' group asking support of
particular legislation or favorable consideration of a matter.
Petitions are referred to appropriate committees for action.
Point of Order--An objection by a Member of either House
that a pending matter or proceeding is in violation of the
rules.
Political Action Committee (PAC)--A group organized to
promote its members' views on selected issues, usually through
raising money that is contributed to the campaign funds of
candidates who support the group's position.
President Pro Tempore--(Latin for the time being). The
officer who presides over the Senate when its President (the
Vice President of the United States) is absent. Tradition vests
this office in the senior Senator of the majority party.
Previous Question--A motion in the House to cut off debate
and force a vote on a pending measure.
Public Law--A bill or joint resolution (other than for
amendments to the Constitution) passed by both Houses of
Congress and approved by the President. Bills and joint
resolutions vetoed by the President, but overridden by the
Congress also become public law.
Quorum--The number of Members in each House necessary to
conduct business (218 in the House, 100 in the Committee of the
Whole, 51 in the Senate).
Ratification--Two uses of this term are: (1) the act of
approval of a proposed constitutional amendment by the
legislatures of the States; (2) the Senate process of advice
and consent to treaties negotiated by the President.
Reapportionment--The process by which seats in the House of
Representatives are reassigned among the States to reflect
population changes following the decennial census.
Recess--An interruption in the session of the House or
Senate of a less formal nature than an adjournment. Typically,
the Senate recesses at the end of most daily sessions in order
to move more quickly into legislative business when it convenes
again. In the House, the Speaker is authorized to declare
short-term recesses during the daily session, but the House
typically adjourns at the end of each day's meeting.
Redistricting--The process within the States of redrawing
legislative district boundaries to reflect population changes
following the decennial census.
Report--The printed record of a committee's actions,
including its votes, recommendations, and views on a bill or
question of public policy or its findings and conclusions based
on oversight inquiry, investigation, or other study.
Resolution--A proposal approved by either or both Houses
which, except for joint resolutions signed by the President,
does not have the force of law. Resolutions generally fall into
one of three categories: (1) Simple resolutions, designated H.
Res. or S. Res., deal with matters entirely within the
prerogatives of the respective House. (2) Concurrent
resolutions, designated H. Con. Res., or S. Con. Res., must be
passed by both Houses, but are not presented for signature by
the President. Concurrent resolutions generally are used to
make or amend rules applicable to both Houses, or to express
the sentiment of the two Houses. (3) Joint Resolutions,
designated H.J. Res. or S.J. Res., require the approval of both
Houses, and, with one exception, the signature of the
President, and have the force of law if approved. There is no
real difference between a bill and a joint resolution. The
latter is generally used in dealing with limited matters, such
as a single appropriation for a specific purpose, or for the
declaration of war. Joint resolutions are also used to propose
amendments to the Constitution, but these do not require the
President's signature.
Rider--An unrelated amendment attached to a pending bill in
order to improve its chances for passage. Requirements of
germaneness limit the use of riders in House bills.
Session--The period during which Congress assembles and
carries on its regular business. Each Congress generally has
two regular sessions, based on the constitutional mandate that
Congress assemble at least once each year. In addition, the
President is empowered to call Congress into special session.
Sine Die--The final adjournment (sine die being translated
from Latin literally as ``without a day'') used to conclude a
session of Congress.
Special Rule--Also known as a ``rule from the Rules
Committee.'' Special rules are presented in the form of a House
resolution by the Rules Committee to make House consideration
of a particular bill in order, to set time limits for debate,
and to regulate which amendments, if any, may be offered during
House or Committee of the Whole consideration of the measure.
Special rules are agreed to by the House by majority vote.
Statute Law--Bills and joint resolutions (except for those
proposing constitutional amendments) enacted by Congress and
approved by the President (or his veto overridden).
Suspension of the Rules--A House procedure which expedites
consideration of legislation by limiting debate on a bill and
prohibiting floor amendments, but which also requires a two-
thirds majority for passage.
Tabling Motion--A motion to stop action on a pending
proposal and to lay it aside indefinitely. When the Senate or
House agrees to a tabling motion, the measure which has been
tabled is effectively defeated.
Unanimous Consent--A practice in the House and Senate to
set aside a rule of procedure, so as to expedite proceedings.
It is usually connected with noncontroversial matters.
Unanimous Consent Agreement--An agreement in the Senate,
formulated by party leaders and other Senators, to regulate
when important bills will be taken up on the floor and to limit
debate on amendments. Sometimes referred to as a ``time-
limitation'' agreement.
Veto--The constitutional procedure by which the President
refuses to approve a bill or joint resolution and thus prevents
its enactment into law. A regular veto occurs when the
President returns the legislation to the originating House
without approval. It can be overridden only by a two-thirds
vote in each House. A pocket veto occurs after Congress has
adjourned and is unable to override the President's action.
SELECTIVE BIBLIOGRAPHY AND REFERENCES
Alexander, De Alva Stanwood. History and Procedure of the
House of Representatives. New York, B. Franklin, 1970 [Reprint
of 1916 edition].
Baker, Ross K. House and Senate. New York, W.W. Norton,
1995 (2nd ed.).
Bibby, John F. Politics, Parties, and Elections in America.
Chicago, Nelson-Hall, 1999 (4th ed.).
Biographical Directory of the United States Congress, 1774-
1996: Congressional Quarterly, Washington, DC, 1997.
Byrd, Robert C. The Senate, 1789-1989. Washington, DC, U.S.
Govt. Print. Off., 1988-1991. 2 vols.
Chandler, Ralph Clark (ed.). A Centennial History of the
American Administrative State. New York, The Free Press, 1987.
Cigler, Allan J. and Burdett A. Loomis (eds.). Interest
Group Politics. Washington, DC, Congressional Quarterly Press,
1998 (5th ed.).
Congress and the President: Invitation to Struggle. Annals
of the American Academy of Political and Social Science, v.
499, September 1988.
Congressional Quarterly. Guide to the Congress, 4th
edition. Washington, DC, Congressional Quarterly, 1991.
------. Guide to the Presidency, 2nd edition. Washington,
DC, Congressional Quarterly, 1996.
------. Guide to the U.S. Supreme Court, 3rd edition.
Washington, DC, Congressional Quarterly, 1997.
The Constitution of the United States of America: Analysis
and Interpretation: Annotations of Cases Decided by the Supreme
Court of the United States to July 2, 1992. Prepared by the
Congressional Research Service, Library of Congress.
Washington, DC, U.S. Govt. Print. Off., 1996 (Senate Document
103-6, 103rd Congress, 1st Sess.).
Corwin, Edward S. The President: Office and Powers, 1787-
1984. New York, New York University Press, 1984 (5th rev. ed.).
Corwin, Edward S. and J.W. Peltason. Understanding the
Constitution. New York, Holt, Rinehart and Winston, 1988.
Davidson, Roger H. and Walter J. Oleszek. Congress and Its
Members. Washington, DC, Congressional Quarterly Press, 1998.
Diamond, Martin. The Founding of the Democratic Republic.
Itasca, IL, F.E. Peacock Publishers, 1981.
Encyclopedia of the American Constitution. New York,
Macmillan Publishing Company, 1986.
Encyclopedia of the American Judicial System. New York,
Charles Scribner's Sons, 1987.
Encyclopedia of the American Legislative System. New York,
Charles Scribner's Sons, 1994.
Encyclopedia of the American Presidency. New York, Simon
and Schuster, 1994.
Encyclopedia of the United States Congress. New York, Simon
and Schuster, 1995.
Farrand, Max. The Framing of the Constitution of the United
States. New Haven, CT, Yale University Press, 1913.
The Federalist. [1787-88] by Alexander Hamilton, James
Madison, and John Jay. Edited by Benjamin Fletcher Wright.
Cambridge, MA, Belknap Press of Harvard University Press, 1961.
Fesler, James W. and Donald F. Kettl. The Politics of the
Administrative Process. Chatham, NJ, Chatham House, 1996 (2nd
ed.).
Fisher Louis. The Politics of Shared Power. College
Station, TX, Texas A&M University Press, 1998 (4th ed.).
Hernon, Peter, et al. U.S. Government on the Web: Getting
the Information You Need. Englewood, CO, Libraries Unlimited,
1999.
Hofstadter, Richard. The American Political Tradition and
the Men Who Made It. Foreword by Christopher Lasch. New York,
Vintage Books, 1974 [cl948].
Hutson, James H. To Make All Laws: The Congress of the
United States, 1789-1989. Boston, Houghton Mifflin, 1990.
Jones, Charles O. Separate But Equal Branches: Congress and
the Presidency. New York, Chatham House, 1999 (2nd ed.).
Key, V.0. Public Opinion and American Democracy. New York,
Alfred A. Knopf, 1961.
Kurian, George Thomas (ed.). A Historical Guide to the U.S.
Government. New York, Oxford University Press, 1998.
Light, Paul C. The Tides of Reform: Making Government Work,
1945-1995. New Haven, CT, Yale University Press, 1997.
Lowi, Theodore. The End of Liberalism: The Second Republic
of the United States. New York, Norton, 1979 (2nd ed.).
------. The End of the Republic Era. Norman, OK, University
of Oklahoma Press, 1995.
Neustadt, Richard E. Presidential Power and the Modern
Presidents: The Politics of Leadership from Roosevelt to
Reagan. New York, Free Press, 1990.
Oleszek, Walter J. Congressional Procedures and the Policy
Process. Washington, DC, Congressional Quarterly Press, 1996
(4th ed.).
Seidman, Harold. Politics, Position, and Power: The
Dynamics of Federal Organization. New York, Oxford University
Press, 1998 (5th ed.).
Tocqueville, Alexis de. Democracy in America. Edited by
J.P. Mayer. [Two volumes in one. Based on 13th edition, 1850]
Garden City, NY, Anchor Books, Doubleday & Company, Inc., 1969.
Van Riper, Paul P. History of the United States Civil
Service. Evanston, IL, Row, Peterson, and Co., 1958.
Waldo, Dwight. The Administrative State. New York, Holmes
and Meier, 1984 (rev. ed.).
White, Leonard D. [Four studies in administrative history]
The Federalists. The Jacksonians. The Jeffersonians. and The
Republican Era, 1869-1901. New York, Macmillan, 1948, 1951,
1951, and 1958, respectively.
Wilson, Woodrow. Congressional Government. Boston,
Houghton, Mifflin, 1885.
------. Constitutional Government in the United States. New
York, Columbia University Press, 1908.
World Wide Web Sites:
www.congress.gov [Legislative Information System of
Congress]
www.fedworld.gov [clearinghouse for information at
many federal sites]
www.loc.gov [Library of Congress site, including
Thomas and legislation]
www.nara.gov/fedreg [Office of Federal Register
publications]
www.uscoursts.gov [federal judiciary, including
Supreme Court]
www.whitehouse.gov [White House and presidential
activities].
STATE POPULATION AND HOUSE APPORTIONMENT
[Based on the Official 1990 Census]
----------------------------------------------------------------------------------------------------------------
Percent Seats (and
State 1980 1990 change from apportionment Apportionment
population \1\ population \2\ 1980 from 1990) difference
----------------------------------------------------------------------------------------------------------------
Alabama............................. 3,890,061 4,062,608 4.25 7 .............
Alaska.............................. 400,481 551,947 27.44 1 .............
Arizona............................. 2,717,866 3,677,985 26.10 6 (+1)
Arkansas............................ 2,285,513 2,362,239 3.25 4 .............
California.......................... 23,668,562 29,839,250 20.68 52 (+7)
Colorado............................ 2,888,834 3,307,912 12.67 6 .............
Connecticut......................... 3,107,576 3,295,669 5.71 6 .............
Delaware............................ 595,225 668,696 10.99 1 .............
Florida............................. 9,739,992 13,003,362 25.10 23 (+4)
Georgia............................. 5,464,265 6,508,419 16.04 11 (+1)
Hawaii.............................. 965,000 1,115,274 13.47 2 .............
Idaho............................... 943,935 1,011,986 6.72 2 .............
Illinois............................ 1,418,461 11,466,682 0.42 20 (-2)
Indiana............................. 5,490,179 5,564,228 1.33 10 .............
Iowa................................ 2,913,387 2,787,424 -4.52 5 (-1)
Kansas.............................. 2,363,208 2,485,600 4.92 4 (-1)
Kentucky............................ 3,661,433 3,698,969 1.01 6 (-1)
Louisiana........................... 4,203,972 4,238,216 0.81 7 (-1)
Maine............................... 1,124,660 1,233,223 8.80 2 .............
Maryland............................ 4,216,446 4,798,622 12.13 8 .............
Massachusetts....................... 5,737,037 6,029,051 4.84 10 (-1)
Michigan............................ 9,258,344 9,328,784 0.76 16 (-2)
Minnesota........................... 4,077,148 4,387,029 7.06 8 .............
Mississippi......................... 2,520,638 2,586,443 2.54 5 .............
Missouri............................ 4,917,444 5,137,804 4.29 9 .............
Montana............................. 786,690 803,655 2.11 1 (-1)
Nebraska............................ 1,570,006 1,584,617 0.92 3 .............
Nevada.............................. 799,184 1,206,152 33.74 2 .............
New Hampshire....................... 920,610 1,113,915 17.35 2 .............
New Jersey.......................... 7,364,158 7,748,634 4.96 13 (-1)
New Mexico.......................... 1,299,968 1,521,779 14.58 3 .............
New York............................ 17,557,288 18,044,505 2.70 31 (-3)
North Carolina...................... 5,874,429 6,657,630 11.76 12 (+1)
North Dakota........................ 652,695 641,364 -1.77 1 .............
Ohio................................ 10,797,419 10,887,325 0.83 19 (-2)
Oklahoma............................ 3,025,266 3,157,604 4.19 6 .............
Oregon.............................. 2,632,663 2,853,733 7.75 5 .............
Pennsylvania........................ 11,866,728 11,924,710 0.49 21 (-2)
Rhode Island........................ 947,154 1,005,984 5.85 2 .............
South Carolina...................... 3,119,208 3,505,707 11.02 6 .............
South Dakota........................ 690,178 699,999 1.40 1 .............
Tennessee........................... 4,590,750 4,896.641 6.25 9 .............
Texas............................... 14,228,383 17,059,805 16.60 30 (+3)
Utah................................ 1,461,037 1,727,784 15.44 3 .............
Vermont............................. 511,456 564,964 9.47 1 .............
Virginia............................ 5,346,279 6,216,568 14.00 11 (+1)
Washington.......................... 4,130,163 4,887,941 15.50 9 (+1)
West Virginia....................... 1,949,644 1,801,625 -8.22 3 (-1)
Wisconsin........................... 4,705,335 4,906,745 4.10 9 .............
Wyoming............................. 470,816 455,975 -3.25 1 .............
---------------------------------------------------------------------------
Fifty State Total:.......... 225,867,174 249,022,783 9.30 435 (19)
----------------------------------------------------------------------------------------------------------------
\1\ The 1980 apportionment population is from U.S. Dept. of Commerce. Bureau of the Census. 1980 Population and
Number of Representatives by State. Memorandum by Vincent P. Barabba, December 31, 1981.
\2\ The 1990 apportionment population is from U.S. House of Representatives. Apportionment Population and State
Representation, 102d Cong., 1st Sess. Doc 102-18. U.S. Govt. Print. Off., 1991. The percent differences and
the apportionment totals were calculated by the Congressional Research Service. The 1990 apportionment
population includes foreign-based Federal employees; the 1980 population does not.
POLITICAL DIVISIONS OF THE U.S. SENATE AND HOUSE OF REPRESENTATIVES FROM 1855 (34TH CONGRESS) TO 1999-2001 (106TH CONGRESS)
[All Figures Reflect Immediate Result of Elections]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Senate House of Representatives
-------------------------------------------------------------------------------------------------
Congress Years Number Number
of Democrats Republicans Other Vacancy of Democrats Republicans Other Vacancy
Members Members
--------------------------------------------------------------------------------------------------------------------------------------------------------
34th...................................... 1855-1857 62 42 15 5 0 234 83 108 43 0
35th...................................... 1857-1859 64 39 20 5 0 237 131 92 14 0
36th...................................... 1859-1861 66 38 26 2 0 237 101 113 23 0
37th...................................... 1861-1863 50 11 31 7 1 178 42 106 28 2
38th...................................... 1863-1865 51 12 39 0 0 183 80 103 0 0
39th...................................... 1865-1867 52 10 42 0 0 191 46 145 0 0
40th...................................... 1867-1869 53 11 42 0 0 193 49 143 0 1
41st...................................... 1869-1871 74 11 61 0 2 243 73 170 0 0
42d....................................... 1871-1873 74 17 57 0 0 243 104 139 0 0
43d....................................... 1873-1875 74 19 54 0 1 293 88 203 0 2
44th...................................... 1875-1877 76 29 46 0 1 293 181 107 3 2
45th...................................... 1877-1879 76 36 39 1 0 293 156 137 0 0
46th...................................... 1879-1881 76 43 33 0 0 293 150 128 14 1
47th...................................... 1881-1883 76 37 37 2 0 293 130 152 11 0
48th...................................... 1883-1885 76 36 40 0 0 325 200 119 6 0
49th...................................... 1885-1887 76 34 41 0 1 325 182 140 2 1
50th...................................... 1887-1889 76 37 39 0 0 325 170 151 4 0
51st...................................... 1889-1891 84 37 47 0 0 330 156 173 1 0
52d....................................... 1891-1893 88 39 47 2 0 333 231 88 14 0
53d....................................... 1893-1895 88 44 38 3 3 356 220 126 10 0
54th...................................... 1895-1897 88 39 44 5 0 357 104 246 7 0
55th...................................... 1897-1899 90 34 46 10 0 357 134 206 16 1
56th...................................... 1899-1901 90 26 53 11 0 357 163 185 9 0
57th...................................... 1901-1903 90 29 56 3 2 357 153 198 5 1
58th...................................... 1903-1905 90 32 58 0 0 386 178 207 0 1
59th...................................... 1905-1907 90 32 58 0 0 386 136 250 0 0
60th...................................... 1907-1909 92 29 61 0 2 386 164 222 0 0
61st...................................... 1909-1911 92 32 59 0 1 391 172 219 0 0
62d....................................... 1911-1913 92 42 49 0 1 391 228 162 1 0
63d....................................... 1913-1915 96 51 44 1 0 435 290 127 18 0
64th...................................... 1915-1917 96 56 39 1 0 435 231 193 8 3
65th...................................... 1917-1919 96 53 42 1 0 435 \1\ 210 216 9 0
66th...................................... 1919-1921 96 47 48 1 0 435 191 237 7 0
67th...................................... 1921-1923 96 37 59 0 0 435 132 300 1 2
68th...................................... 1923-1925 96 43 51 2 0 435 207 225 3 0
69th...................................... 1925-1927 96 40 54 1 1 435 183 247 5 0
70th...................................... 1927-1929 96 47 48 1 0 435 195 237 3 0
71st...................................... 1929-1931 96 39 56 1 0 435 163 267 1 4
72d....................................... 1931-1933 96 47 48 1 0 435 \2\ 216 218 1 0
73d....................................... 1933-1935 96 59 36 1 0 435 313 117 5 0
74th...................................... 1935-1937 96 69 25 2 0 435 322 103 10 0
75th...................................... 1937-1939 96 75 17 4 0 435 333 89 13 0
76th...................................... 1939-1941 96 69 23 4 0 435 262 169 4 0
77th...................................... 1941-1943 96 66 28 2 0 435 267 162 6 0
78th...................................... 1943-1945 96 57 38 1 0 435 222 209 4 0
79th...................................... 1945-1947 96 57 38 1 0 435 243 190 2 0
80th...................................... 1947-1949 96 45 51 0 0 435 188 246 1 0
81st...................................... 1949-1951 96 54 42 0 0 435 263 171 1 0
82d....................................... 1951-1953 96 48 47 1 0 435 234 199 2 0
83d....................................... 1953-1955 96 46 48 2 0 435 213 221 1 0
84th...................................... 1955-1957 96 48 47 1 0 435 232 203 0 0
85th...................................... 1957-1959 96 49 47 0 0 435 234 201 0 0
86th...................................... 1959-1961 98 64 34 0 0 \3\ 436 283 153 0 0
87th...................................... 1961-1963 100 65 35 0 0 \4\ 437 263 174 0 0
88th...................................... 1963-1965 100 68 32 0 0 435 258 176 0 1
89th...................................... 1965-1967 100 68 32 0 0 435 295 140 0 0
90th...................................... 1967-1969 100 64 36 0 0 435 248 187 0 0
91st...................................... 1969-1971 100 57 43 0 0 435 243 192 0 0
92d....................................... 1971-1973 100 54 44 2 0 435 255 180 0 0
93d....................................... 1973-1975 100 56 42 2 0 435 242 192 1 0
94th...................................... 1975-1977 100 61 37 2 0 435 291 144 1 0
95th...................................... 1977-1979 100 61 38 1 0 435 292 143 0 0
96th...................................... 1979-1981 100 58 41 1 0 435 277 158 0 0
97th...................................... 1981-1983 100 46 53 1 0 435 242 192 1 0
98th...................................... 1983-1985 100 46 54 0 0 435 269 169 0 0
99th...................................... 1985-1987 100 47 53 0 0 435 253 182 0 0
100th..................................... 1987-1989 100 55 45 0 0 435 258 177 0 0
101st..................................... 1989-1991 100 55 45 0 0 435 260 175 0 0
102d...................................... 1991-1993 100 56 44 0 0 435 267 167 1 0
103d...................................... 1993-1995 100 57 43 0 0 435 258 176 1 0
104th..................................... 1995-1997 100 46 54 0 0 435 203 231 1 0
105th..................................... 1997-1999 100 45 55 0 0 435 207 227 1 0
106th..................................... 1999-2001 100 45 55 0 0 435 211 223 1 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Democrats organized House with help of other parties.
\2\ Democrats organized House due to Republican deaths.
\3\ Proclamation declaring Alaska a State issued January 3, 1959.
\4\ Proclamation declaring Hawaii a State issued August 21, 1959.
In Congress, July 4, 1776.
The Unanimous
DECLARATION
of the
THIRTEEN UNITED STATES OF AMERICA.
WHEN in the Course of human Events, it becomes necessary
for one People to dissolve the Political Bands which have
connected them with another, and to assume among the Powers of
the Earth, the separate and equal Station to which the Laws of
Nature and of Nature's God entitle them, a decent Respect to
the Opinions of Mankind requires that they should declare the
causes which impel them to the Separation.
We hold these Truths to be self-evident, that all Men are
created equal, that they are endowed by their Creator with
certain unalienable Rights, that among these are Life, Liberty,
and the Pursuit of Happiness--That to secure these Rights,
Governments are instituted among Men, deriving their just
Powers from the Consent of the Governed, that whenever any Form
of Government becomes destructive of these Ends, it is the
Right of the People to alter or to abolish it, and to institute
new Government, laying its Foundation on such Principles, and
organizing its Powers in such Form, as to them shall seem most
likely to effect their Safety and Happiness. Prudence, indeed,
will dictate that Governments long established should not be
changed for light and transient Causes; and accordingly all
Experience hath shewn, that Mankind are more disposed to
suffer, while Evils are sufferable, than to right themselves by
abolishing the Forms to which they are accustomed. But when a
long Train of Abuses and Usurpations, pursuing invariably the
same Object, evinces a Design to reduce them under absolute
Despotism, it is their Right, it is their Duty, to throw off
such Government, and to provide new Guards for their future
Security. Such has been the patient Sufferance of these
Colonies; and such is now the Necessity which constrains them
to alter their former Systems of Government. The History of the
present King of Great-Britain is a History of repeated Injuries
and Usurpations, all having in direct Object the Establishment
of an absolute Tyranny over these States. To prove this, let
Facts be submitted to a candid World.
He has refused his Assent to Laws, the most wholesome and
necessary for the public Good.
He has forbidden his Governors to pass Laws of immediate
and pressing Importance, unless suspended in their Operation
till his Assent should be obtained; and when so suspended, he
has utterly neglected to attend to them.
He has refused to pass other Laws for the Accommodation of
large Districts of People, unless those People would relinquish
the Right of Representation in the Legislature, a Right
inestimable to them, and formidable to Tyrants only.
He has called together Legislative Bodies at Places
unusual, uncomfortable, and distant from the Depository of
their public Records, for the sole Purpose of fatiguing them
into Compliance with his Measures.
He has dissolved Representative Houses repeatedly, for
opposing with manly Firmness his Invasions on the Rights of the
People.
He has refused for a long Time, after such Dissolutions, to
cause others to be elected; whereby the Legislative Powers,
incapable of Annihilation, have returned to the People at large
for their exercise; the State remaining in the mean time
exposed to all the Dangers of Invasion from without, and
Convulsions within.
He has endeavoured to prevent the Population of these
States; for that Purpose obstructing the Laws for
Naturalization of Foreigners; refusing to pass others to
encourage their Migrations hither, and raising the Conditions
of new Appropriations of Lands.
He has obstructed the Administration of Justice, by
refusing his Assent to Laws for establishing Judiciary Powers.
He has made Judges dependent on his Will alone, for the
Tenure of their Offices, and the Amount and Payment of their
Salaries.
He has erected a Multitude of new Offices, and sent hither
Swarms of Officers to harrass our People, and eat out their
Substance.
He kept among us, in Times of Peace, Standing Armies,
without the consent of our Legislatures.
He has affected to render the Military independent of and
superior to the Civil Power.
He has combined with others to subject us to a Jurisdiction
foreign to our Constitution, and unacknowledged by our Laws;
giving his Assent to their Acts of pretended Legislation:
For quartering large Bodies of Armed Troops among us:
For protecting them, by a mock Trial, from Punishment for
any Murders which they should commit on the Inhabitants of
these States:
For cutting off our Trade with all Parts of the World:
For imposing Taxes on us without our Consent:
For depriving us, in many Cases, of the Benefits of Trial
by Jury:
For transporting us beyond Seas to be tried for pretended
Offences:
For abolishing the free System of English Laws in a
neighbouring Province, establishing therein an arbitrary
Government, and enlarging its Boundaries, so as torender it at
once an Example and fit Instrument for introducing the same absolute
Rule into these Colonies:
For taking away our Charters, abolishing our most valuable
Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring
themselves invested with Power to legislate for us in all Cases
whatsoever.
He has abdicated Government here, by declaring us out of
his Protection and waging War against us.
He has plundered our Seas, ravaged our Coasts, burnt our
Towns, and destroyed the Lives of our People.
He is, at this Time, transporting large Armies of foreign
Mercenaries to compleat the Works of Death, Desolation, and
Tyranny, already begun with circumstances of Cruelty and
Perfidy, scarcely paralleled in the most barbarous Ages, and
totally unworthy the Head of a civilized Nation.
He has constrained our fellow Citizens taken Captive on the
high Seas to bear Arms against their Country, to become the
Executioners of their Friends and Brethren, or to fall
themselves by their Hands.
He has excited domestic Insurrections amongst us, and has
endeavoured to bring on the Inhabitants of our Frontiers, the
merciless Indian Savages, whose known Rule of Warfare, is an
undistinguished Destruction, of all Ages, Sexes and Conditions.
In every stage of these Oppressions we have Petitioned for
Redress in the most humble Terms: Our repeated Petitions have
been answered only by repeated Injury. A Prince, whose
Character is thus marked by every act which may define a
Tyrant, is unfit to be the Ruler of a free People.
Nor have we been wanting in Attentions to our British
Brethren. We have warned them from Time to Time of Attempts by
their Legislature to extend an unwarrantable Jurisdiction over
us. We have reminded them of the Circumstances of our
Emigration and Settlement here. We have appealed to their
native Justice and Magnanimity, and we have conjured them by
the Ties of our common Kindred to disavow these Usurpations,
which, would inevitably interrupt our Connections and
Correspondence. They too have been deaf to the Voice of Justice
and of Consanguinity. We must, therefore, acquiesce in the
Necessity, which denounces our Separation, and hold them, as we
hold the rest of Mankind, Enemies in War, in Peace, Friends.
We, therefore, the Representatives of the UNITED STATES OF
AMERICA, in General Congress, Assembled, appealing to the
Supreme Judge of the World for the Rectitude of our Intentions,
do, in the Name, and by Authority of the good People of these
Colonies, solemnly Publish and Declare, That these United
Colonies are, and of Right ought to be, Free and Independent
States; that they are absolved from all Allegiance to the
British Crown, and that all political Connection between them
and the State of Great-Britain, is and ought to be totally
dissolved; and that as Free and Independent States, they have
full Power to levy War, conclude Peace, contract Alliances,
establish Commerce, and to do all other Acts and Things which
Independent States may of right do. And for the support of this
Declaration, with a firm Reliance on the Protection of divine
Providence, we mutually pledge to each other our Lives, our
Fortunes, and our sacred Honor.
JOHN HANCOCK, President.
SIGNERS OF THE DECLARATION OF INDEPENDENCE
According to the Authenticated List Printed by Order of Congress of
January 18, 1777
John Hancock.
Georgia, Button Gwinnett, New-York, WM. Floyd,
Lyman Hall, Phil. Livingston,
Geo. Walton. FranS. Lewis,
Lewis Morris.
North-Carolina, WM. Hooper, New-Jersey, RichD. Stockton,
Joseph Hewes, Jno. Witherspoon,
John Penn.
FraS. Hopkinson,
John Hart,
Abra. Clark.
South-Carolina, Edward Rutledge, New-Hampshire, Josiah Bartlett,
ThoS. Heyward, JunR., WM. Whipple,
Thomas Lynch, JunR., Matthew
Arthur Middleton. Thornton.
Maryland, Samuel Chase, Massachusetts-Bay, SamL. Adams,
WM. Paca, John Adams,
ThoS. Stone, RobT. Treat Pane,
Charles Carroll, Elbridge Gerry.
Of Carrollton.
Virginia, George Wythe, Rhode-Island and Step. Hopkins,
Richard Henry Lee, Providence &C., William Ellery.
THS. Jefferson,
BenjA. Harrison,
ThoS. Nelson, jr.,
Francis Lightfoot Lee,
Carter Braxton. ....................
Pennsylvania, RobT. Morris, Connecticut, Roger Sherman,
Benjamin Rush, SamL.
Benja. Franklin, Huntington,
John Morton, WM. Williams,
Geo. Clymer, Oliver Wolcott.
JaS. Smith,
Geo. Taylor,
James Wilson,
Geo. Ross.
Delaware, Caesar Rodney,
Geo. Read.
In CONGRESS, January 18, 1777.
ORDERED,
That an authenticated Copy of the DECLARATION of INDEPENDENCY, with
Names of the MEMBERS of CONGRESS, subscribing the same, be sent to each
of the UNITED STATES, and that they be desired to have the same put on
RECORD.
By Order of CONGRESS,
John Hancock, President.
Attest. Chas Thomson, Secy
[Explanatory Note: On January 18, 1777, Congress, then sitting in
Baltimore, Maryland, ordered that authenticated copies of the
Declaration be sent to the States. This version was printed by Mary
Katherine Goddard of Baltimore and is known as the Goddard Broadside.
Earlier, on July 19, 1776, Congress had ``Resolved, That the
Declaration passed on the 4th, be fairly engrossed on parchment, with
the title and stile of `The unanimous declaration of the thirteen
United States of America,' and the same, when engrossed, be signed by
every member of Congress.'' The name of Thomas McKean, then a member
from Delaware, however, does not appear on the Goddard Broadside, as he
did not sign the engrossed copy until after January 18, 1777.]
Constitution of the United States
----------
We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote
the general Welfare, and secure the Blessings of
Liberty to ourselves and our Posterity, do ordain and
establish this Constitution for the United States of
America.
Article. I.
Section. 1. All legislative Powers herein granted shall be
vested in a Congress of the United States, which shall consist
of a Senate and House of Representatives.\1\
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\1\ This text of the Constitution follows the engrossed copy signed
by Gen. Washington and the deputies from 12 States. The small superior
figures preceding the paragraphs designate clauses, and were not in the
original and have reference to footnotes.
The Constitution was adopted by a convention of the States on
September 17, 1787, and was subsequently ratified by the several
States, on the following dates: Delaware, December 7, 1787;
Pennsylvania, December 12, 1787; New Jersey, December 18, 1787;
Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts,
February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23,
1788; New Hampshire, June 21,1788.
Ratification was completed on June 21, 1788.
The Constitution was subsequently ratified by Virginia, June 25,
1788; New York, July 26, 1788; North Carolina, November 21, 1789; Rhode
Island, May 29, 1790; and Vermont, January 10, 1791.
In May 1785, a committee of Congress made a report recommending an
alteration in the Articles of Confederation, but no action was taken on
it, and it was left to the State legislatures to proceed in the matter.
In January 1786, the Legislature of Virginia passed a resolution
providing for the appointment of five commissioners, who, or any three
of them, should meet such commissioners as might be appointed in the
other States of the Union, at a time and place to be agreed upon, to
take into consideration the trade of the United States; to consider how
far a uniform system in their commercial regulations may be necessary
to their common interest and their permanent harmony; and to report to
the several States such an act, relative to this object, as, when
ratified by them, will enable the United States in Congress effectually
to provide for the same. The Virginia commissioners, after some
correspondence, fixed the first Monday in September as the time, and
the city of Annapolis as the place for the meeting, but only four other
States were representative, viz: Delaware, New York, New Jersey, and
Pennsylvania; the Commissioners appointed by Massachusetts, New
Hampshire, North Carolina, and Rhode Island failed to attend. Under
circumstances of so partial a representation, the commissioners present
a agreed upon a report, (drawn by Mr. Hamilton, of New York),
expressing their unanimous conviction that it might essentially tend to
advance the interests of the Union if the States by which they were
respectively delegated would concur, and use their endeavors to procure
the concurrence of the other States, in the appointment of
commissioners to meet at Philadelphia on the Second Monday of May
following, to take into consideration the situation of the United
States; to devise such further provisions as should appear to them
necessary to render the Constitution of the Federal Government adequate
the exigencies of the Union; and to report such an act for that purpose
to the United State in Congress assembled as, when agreed to by them
and afterwards confirmed by the Legislatures of every State, would
effectually provide for the same.
Congress, on the 21st of February, 1787, adopted a resolution in
favor of a convention, and the Legislatures of those States which had
not already done so (with the exception of Rhode Island) promptly
appointed delegates. On the 25th of May, seven States having convened,
George Washington, of Virginia, was unanimously elected President, and
the consideration of the proposed constitution was commenced. On the
17th of September, 1787, the Constitution as engrossed and agreed upon
was signed by all the members present, except Mr. Gerry of
Massachusetts, and Messrs. Mason and Randolph, of Virginia. The
president of the convention transmitted it to Congress, with a
resolution stating how the proposed Federal Government should be put in
operation, and an explanatory letter. Congress, on 28th of September,
1787, directed the Constitution so framed, with the resolutions and
letter concerning the same, to ``be transmitted to the several
Legislatures in order to be submitted to a convention of delegates
chosen in each State by the people thereof, in conformity to the
resolves of the convention.''
On the 4th of March, 1789, the day which had been fixed for
commencing the operations of Government under the new Constitution, it
had been ratified by the conventions chosen in each State to consider
it, as follows: Delaware, December 7, 1787; Pennsylvania, December 12,
1787; New Jersey, December 18, 1787; Georgia, January 2, 1788;
Connecticut, January 9, 1788; Massachusetts, February 6, 1788;
Maryland, April 28, 1788; South Carolina, May 23, 1788; New Hampshire,
June 21, 1788; Virginia, June 25, 1788; and New York, July 26, 1788.
The President informed Congress, on the 28th of January, 1790, that
North Carolina had ratified the Constitution November 21, 1789; and he
informed Congress on the 1st of June, 1790, that Rhode Island had
ratified the Constitution May 29, 1790. Vermont, in convention,
ratified the Constitution January 10, 1791, and was, by an act of
Congress approved February 18, 1791, ``received and admitted into this
Union as a new and entire member of the United States.''
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Section. 2. 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.
No Person shall be a Representative who shall not have
attained to 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 be
chosen.
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 be
determined by adding to the whole Number of free Persons,
including those bound to Service for a Term of Years, and
excluding Indians not taxed, three fifths of all other
Persons.\2\ The actual Enumeration shall be 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 be made, the State of New
Hampshire shall be entitled to chuse 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.
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\2\ The part of this clause relating to the mode of apportionment
of representatives among the several States has been affected by
section 2 of amendment XIV, and as to taxes on incomes without
apportionment by amendment XVI.
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When vacancies happen in the Representation from any State,
the Executive Authority thereof shall issue Writs of Election
to fill such Vacancies.
The House of Representatives shall chuse their Speaker and
other Officers; and shall have the sole Power of Impeachment.
Section. 3. The Senate of the United States shall be
composed of two Senators from each State, chosen by the
Legislature thereof,\3\ for six Years; and each Senator shall
have one Vote.
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\3\ This clause has been affected by clause 1 of amendment XVII.
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Immediately after they shall be assembled in Consequence of
the first Election, they shall be divided as equally as may be
into three Classes. The Seats of the Senators of the first
Class shall be vacated at the Expiration of the second Year, of
the second Class at the Expiration of the fourth Year, and of
the third Class at the Expiration 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.\4\
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\4\ This clause has been affected by clause 2 of amendment XVIII.
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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 chuse their other Officers, and also a
President pro tempore, in the Absence of the Vice President, 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 chusing Senators.
The Congress shall assemble at least once in every Year,
and such Meeting shall be on the first Monday in December,\5\
unless they shall by Law appoint a different Day.
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\5\ This clause has been affected by amendment XX.
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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 Behaviour, 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.
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.\6\ 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.
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\6\ This clause has been affected by amendment XXVII.
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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 encreased
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 (Sundays 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 a Bill.
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 an uniform Rule of Naturalization, and uniform
Laws on the subject of Bankruptcies throughout the United
States;
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
Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the 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 provide for organizing, arming, and disciplining, the
Militia, and for governing such Part of them as may be employed
in the Service of the United States, reserving to the States
respectively, the Appointment of the Officers, and the
Authority of training the Militia according to the discipline
prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles square) as may, by
Cession of particular States, and the Acceptance of Congress,
become the Seat of the Government of the United States, and to
exercise like Authority over all Places purchased by the
Consent of the Legislature of the State in which the Same shall
be, for the Erection of Forts, Magazines, Arsenals, dock-Yards,
and other needful Buildings;-- And
To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of the
United States, or in any Department or Officer thereof.
Section. 9. The Migration or Importation of such Persons as
any of the States now existing shall think proper to admit,
shall not be prohibited by the Congress prior to the Year one
thousand eight hundred and eight, but a Tax or duty may be
imposed on such Importation, not exceeding ten dollars for each
Person.
The Privilege of the Writ of Habeas Corpus shall not be
suspended, unless when in Cases of Rebellion or Invasion the
public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless
in Proportion to the Census or Enumeration herein before
directed to be taken.\7\
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\7\ This clause has been affected by amendment XVI.
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No Tax or Duty shall be laid on Articles exported from any
State.
No Preference shall be given by any Regulation of Commerce
or Revenue to the Ports of one State over those of another: nor
shall Vessels bound to, or from, one State, be obliged to
enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law; and a regular
Statement and Account of the Receipts and Expenditures of all
public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States:
And no Person holding any Office of Profit or Trust under them,
shall, without the Consent of the Congress, accept of any
present, Emolument, Office, or Title, of any kind whatever,
from any King, Prince, or foreign State.
Section. 10. No State shall enter into any Treaty.
Alliance, or Confederation; grant Letters of Marque and
Reprisal; coin Money; emit Bills of Credit; make any Thing but
gold and silver Coin a Tender in Payment of Debts; pass any
Bill of Attainder, ex post facto Law, or Law impairing the
Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay
any Impost or Duties on Import or Exports, except what may be
absolutely necessary for executing it's inspection Laws: and
the net Produce of all Duties and Imposts, laid by any State on
Imports or Exports, shall be for the Use of the Treasury of the
United States; and all such Laws shall be subject to the
Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any
Duty of Tonnage, keep Troops, or Ships of War in time of Peace,
enter into any Agreement or Compact with another State, or with
a foreign Power, or engage in War, unless actually invaded, or
in such imminent Danger as will not admit of delay.
Article. II.
Section. 1. The executive Power shall be vested in a
President of the United States of America. He shall hold his
Office during the Term of four Years, and, together with the
Vice President, chosen for the same Term, be elected, as
follows:
Each State shall appoint, in such Manner as the Legislature
thereof may direct, a Number of Electors, equal to the whole
Number of Senators and Representatives to which the State may
be entitled in the Congress: but no Senator or Representative,
or Person holding an Office of Trust or Profit under the United
States, shall be appointed an Elector.
The Electors shall meet in their respective States, and
vote by Ballot for two Persons, of whom one at least shall not
be an Inhabitant of the same State with themselves. And they
shall make a List of all the Persons voted for, and of the
Number of Votes for each; which List they shall sign and
certify, and transmit sealed to the Seat of the Government of
the United States, directed to the President of the Senate. The
President of the Senate shall, in the Presence of the Senate
and House of Representatives, open all the Certificates, and
the Votes shall then be counted. The Person having the greatest
Number of Votes shall be the President, if such Number be a
Majority of the whole Number of Electors appointed; and if
there be more than one who have such Majority, and have an
equal Number of Votes, then the House of Representatives shall
immediately chuse by Ballot one of them for President; and if
no Person have a Majority, then from the five highest on the
List the said House shall in like Manner chuse the President.
But in chusing the President, the Votes shall be taken by
States, the Representation from each State having one Vote; A
quorum for this Purpose shall consist of a Member or Members
from two thirds of the States, and a Majority of all the States
shall be necessary to a Choice. In every Case, after the Choice
of the President, the Person having the greatest Number of
Votes of the Electors shall be the Vice President. But if there
should remain two or more who have equal Votes, the Senate
shall chuse from them by Ballot the Vice President.\8\
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\8\ This clause has been superseded by amendment XII.
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The Congress may determine the Time of chusing the
Electors, and the Day on which they shall give their Votes;
which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of
the United States, at the time of the Adoption of this
Constitution, shall be eligible to the Office of President;
neither shall any Person be eligible to that Office who shall
not have attained to the Age of thirty five Years, and been
fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of
his Death, Resignation, or Inability to discharge the Powers
and Duties of the said Office,\9\ the Same shall devolve on the
Vice President, and the Congress may by Law provide for the
Case of Removal, Death, Resignation or Inability, both of the
President and Vice President, declaring what Officer shall then
act as President, and such Officer shall act accordingly, until
the Disability be removed, or a President shall be elected.
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\9\ This clause has been affected by amendment XXV.
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The President shall, at stated Times, receive for his
Services, a Compensation, which shall neither be encreased nor
diminished during the Period for which he shall have been
elected, and he shall not receive within that Period any other
Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall
take the following Oath or Affirmation:--``I do solemnly swear
(or affirm) that I will faithfully execute the Office of
President of the United States, and will to the best of my
Ability, preserve, protect and defend the Constitution of the
United States.''
Section. 2. The President shall be Commander in Chief of
the Army and Navy of the United States, and of the Militia of
the several States, when called into the actual Service of the
United States; he may require the Opinion, in writing, of the
principal Officer in each of the executive Departments, upon
any Subject relating to the Duties of their respective Offices,
and he shall have Power to grant Reprieves and Pardons for
Offences against the United States, except in Cases of
Impeachment.
He shall have Power, by and with the Advice and Consent of
the Senate, to make Treaties, provided two thirds of the
Senators present concur; and he shall nominate, and by and with
the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of the
supreme Court, and all other Officers of the United States,
whose Appointments are not herein otherwise provided for, and
which shall be established by Law: but the Congress may by Law
vest the Appointment of such inferior Officers, as they think
proper, in the President alone, in the Courts of Law, or in the
Heads of Departments.
The President shall have Power to fill up all Vacancies
that may happen during the Recess of the Senate, by granting
Commissions which shall expire at the End of their next
Session.
Section. 3. He shall from time to time give to the Congress
Information of the State of the Union, and recommend to their
Consideration such Measures as he shall judge necessary and
expedient; he may, on extraordinary Occasions, convene both
Houses, or either of them, and in Case of Disagreement between
them, with Respect to the Time of Adjournment, he may adjourn
them to such Time as he shall think proper; he shall receive
Ambassadors and other Public Ministers; he shall take Care that
the Laws be faithfully executed, and shall Commission all the
Officers of the United States.
Section. 4. The President, Vice President and all civil
Officers of the United States, shall be removed from Office on
Impeachment for, and Conviction of, Treason, Bribery, or other
high Crimes and Misdemeanors.
Article. III.
Section. 1. The judicial Power of the United States, shall
be vested in one supreme Court, and in such inferior Courts as
the Congress may from time to time ordain and establish. The
Judges, both of the supreme and inferior Courts, shall hold
their Offices during good Behaviour, and shall, at stated
Times, receive for their Services, a Compensation, which shall
not be diminished during their Continuance in Office.
Section. 2. The judicial Power shall extend to all Cases,
in Law and Equity, arising under this Constitution, the Laws of
the United States, and Treaties made, or which shall be made,
under their Authority;--to all Cases affecting Ambassadors,
other public Ministers and Consuls;--to all Cases of admiralty
and maritime Jurisdiction;--to Controversies to which the
United States shall be a Party;--to Controversies between two
or more States;--between a State and Citizens of another State;
\10\--between Citizens of different States;--between Citizens
of the same State claiming Lands under Grants of different
States, and between a State, or the Citizens thereof, and
foreign States, Citizens or Subjects.
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\10\ This clause has been affected by amendment XI.
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In all Cases affecting Ambassadors, other public Ministers
and Consuls, and those in which a State shall be Party, the
supreme Court shall have original Jurisdiction. In all the
other Cases before mentioned, the supreme Court shall have
appellate Jurisdiction, both as to Law and Fact, with such
Exceptions, and under such Regulations as the Congress shall
make.
The Trial of all Crimes, except in Cases of Impeachment,
shall be by Jury; and such Trial shall be held in the State
where the said Crimes shall have been committed; but when not
committed within any State, the Trial shall be at such Place or
Places as the Congress may by Law have directed.
Section. 3. Treason against the United States, shall
consist only in levying War against them, or in adhering to
their Enemies, giving them Aid and Comfort. No Person shall be
convicted of Treason unless on the Testimony of two Witnesses
to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of
Treason, but no Attainder of Treason shall work Corruption of
Blood, or Forfeiture except during the Life of the Person
attainted.
Article. IV.
Section. 1. Full Faith and Credit shall be given in each
State to the public Acts, Records, and judicial Proceedings of
every other State. And the Congress may by general Laws
prescribe the Manner in which such Acts, Records and
Proceedings shall be proved, and the Effect thereof.
Section. 2. The Citizens of each State shall be entitled to
all Privileges and Immunities of Citizens in the several
States.
A Person charged in any State with Treason, Felony, or
other Crime, who shall flee from Justice, and be found in
another State, shall on Demand of the executive Authority of
the State from which he fled, be delivered up, to be removed to
the State having Jurisdiction of the Crime.
No Person held to Service or Labour in one State, under the
Laws thereof, escaping into another, shall, in Consequence of
any Law or Regulation therein, be discharged from such Service
or Labour, but shall be delivered up on Claim of the Party to
whom such Service or Labour may be due.\11\
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\11\ This clause has been affected by amendment XII.
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Section. 3. New States may be admitted by the Congress into
this Union; but no new State shall be formed or erected within
the Jurisdiction of any other State; nor any State be formed by
the Junction of two or more States, or Parts of States, without
the Consent of the Legislatures of the States concerned as well
as of the Congress.
The Congress shall have Power to dispose of and make all
needful Rules and Regulations respecting the Territory or other
Property belonging to the United States; and nothing in this
Constitution shall be so construed as to Prejudice any Claims
of the United States, or of any particular State.
Section. 4. The United States shall guarantee to every
State in this Union a Republican Form of Government, and shall
protect each of them against Invasion; and on Application of
the Legislature, or of the Executive (when the Legislature
cannot be convened) against domestic Violence.
Article. V.
The Congress, whenever two thirds of both Houses shall deem
it necessary, shall propose Amendments to this Constitution,
or, on the Application of the Legislatures of two thirds of the
several States, shall call a Convention for proposing
Amendments, which, in either Case, shall be valid to all
Intents and Purposes, as Part of this Constitution, when
ratified by the Legislatures of three fourths of the several
States, or by Conventions in three fourths thereof, as a of
Ratification may be proposed by the one or the other Mode
Congress; Provided that no Amendment which may be made prior to
the Year One thousand eight hundred and eight shall in any
Manner affect the first and fourth Clauses in the Ninth Section
of the first Article; and that no State, without its Consent,
shall be deprived of its equal Suffrage in the Senate.
Article. VI.
All Debts contracted and Engagements entered into, before
the Adoption of this Constitution, shall be as valid against
the United States under this Constitution, as under the
Confederation.
This Constitution, and the Laws of the United States which
shall be made in Pursuance thereof; and all Treaties made, or
which shall be made, under the Authority of the United States,
shall be the supreme Law of the Land; and the Judges in every
State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the
Members of the several State Legislatures, and all executive
and judicial Officers, both of the United States and of the
several States, shall be bound by Oath or Affirmation, to
support this Constitution; but no religious Test shall ever be
required as a Qualification to any Office or public Trust under
the United States.
Article. VII.
The Ratification of the Conventions of nine States, shall
be sufficient for the Establishment of this Constitution
between the States so ratifying the Same.
done in Convention by the Unanimous Consent of the States present the
Seventeenth Day of September in the Year of our Lord one thousand seven
hundred and Eighty seven and of the Independence of the United States
of America the Twelfth.
In Witness whereof We have hereunto subscribed our
Names,
GO. WASHINGTON--Presidt.
and deputy from Virginia
[Signed also by the deputies of twelve States.]
New Hampshire Delaware
John Langdon Geo: Read
Nicholas Gilman Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
Massachusetts Maryland
Nathaniel Gorham James MCHenry
Rufus King Dan of
ST ThoS Jenife
r
DanL Carroll
Connecticut Virginia
WM SamL Johnso
n John Blair
Roger Sherman James Madison Jr.
New York
Alexander Hamilton
New Jersey North Carolina
Wil: Livingston WM Blount
David Brearley. RichD Dobbs Spaight.
WM Paterson. Hu Williamson
Jona: Dayton
Pennsylvania South Carolina
B Franklin J. Rutledge
Thomas Mifflin Charles Cotesworth Pinckney
RobT Morris Charles Pinckney
Geo. Clymer Pierce Butler.
ThoS Fitzsimons
Jared Ingersoll Georgia
James Wilson
Gouv Morris William Few
Abr Baldwin
Attest: William Jackson, Secretary
AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA,
PROPOSED BY CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE
SEVERAL STATES, PURSUANT TO THE FIFTH ARTICLE OF THE ORIGINAL
CONSTITUTION \12\
Amendment [I.] \13\
Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the right
of the people peaceably to assemble, and to petition the
Government for a redress of grievances.
---------------------------------------------------------------------------
\12\ The first ten amendments to the Constitution of the United
States (and two others, one of which failed of ratification and the
other which later became the 27th amendment) were proposed to the
legislatures of the several States by the First Congress on September
25, 1789. The first ten amendments were ratified by the following
States, and the notifications of ratification by the Governors thereof
were successively communicated by the President to Congress: New
Jersey, November 20, 1789; Maryland, December 19, 1789; North Carolina,
December 22, 1789; South Carolina, January 19, 1790; New Hampshire,
January 25, 1790; Delaware, January 28, 1790; New York, February 24,
1790; Pennsylvania, March 10, 1790; Rhode Island, June 7, 1790;
Vermont, November 3, 1791; and Virginia, December 15, 1791.
Ratification was completed December 15, 1791.
The amendments were subsequently ratified by legislatures of
Massachusetts, March 2, 1939: Georgia, March 18, 1939; and Connecticut,
April 19, 1939.
\13\ Only the 13th, 14th, 15th, 16th amendments had numbers
assigned to them at the time of ratification.
---------------------------------------------------------------------------
Amendment [II.]
A well regulated Militia, being necessary to the security
of a free State, the right of the people to keep and bear Arms,
shall not be infringed.
Amendment [III.]
No Soldier shall, in time of peace be quartered in any
house, without the consent of the Owner, nor in time of war,
but in a manner to be prescribed by law.
Amendment [IV.]
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the
persons or things to be seized.
Amendment [V.]
No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment
of a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of
War or public danger; nor shall any person be subject for the
same offence to be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against
himself, nor be deprived of life, liberty, or property, without
due process of law; nor shall private property be taken for
public use, without just compensation.
Amendment [VI.]
In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the
State and district wherein the crime shall have been committed,
which district shall have been previously ascertained by law,
and to be informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to
have the Assistance of Counsel for his defence.
Amendment [VII.]
In Suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall
be preserved, and no fact tried by jury, shall be otherwise re-
examined in any Court of the United States, than according to
the rules of the common law.
Amendment [VIII.]
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
Amendment [IX.]
The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained by
the people.
Amendment [X.]
The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people.
Amendment [XI.]
The Judicial power of the United States shall not be
construed to extend to any suit in law or equity, commenced or
prosecuted against one of the United States of another State,
or by Citizens or Subjects of any Foreign State.
Proposal and Ratification
The eleventh amendment to the Constitution of the United
States was proposed to the legislatures of the several States
by the Third Congress, on the 4th of March 1794; and was
declared in a message from the President to Congress, dated the
8th of January, 1798, to have been ratified by the legislatures
of three-fourths of the States. The dates of ratification were:
New York, March 27, 1794: Rhode Island, March 31, 1794;
Connecticut, May 8, 1794; New Hampshire, June 16, 1794;
Massachusetts, June 26, 1794; Vermont, between October 9, 1794
and November 9, 1794; Virginia, November 18, 1794; Georgia,
November 29, 1794; Kentucky, December 7, 1794; Maryland,
December 26, 1794; Delaware, January 23, 1795; North Carolina,
February 7, 1795.
Ratification was completed on February 7, 1795.
The amendment was subsequently ratified by South Carolina
on December 4, 1797. New Jersey and Pennsylvania did not take
action on the amendment.
Amendment [XII.]
The Electors shall meet in their respective states, and
vote by ballot for President and Vice-President, one of whom,
at least, shall not be an inhabitant of the same state with
themselves; they shall name in their ballots the person voted
for as President, and in distinct ballots the person voted for
as Vice-President, and they shall make distinct lists of all
persons voted for as President, and of all persons voted for as
Vice-President, and of the number of votes for each, which
lists they shall sign and certify, and transmit sealed to the
seat of the government of the United States, directed to the
President of the Senate;--The President of the Senate shall, in
the presence of the Senate and House of Representatives, open
all the certificates and the votes shall then be counted;--The
person having the greatest number of votes for President, shall
be the President, if such number be a majority of the whole
number of Electors appointed; and if no person have such
majority, then from the persons having the highest numbers not
exceeding three on the list of those voted for as President,
the House of Representatives shall choose immediately, by
ballot, the President. But in choosing the President, the votes
shall be taken by states, the representation from each state
having one vote; a quorum for this purpose shall consist of a
member or members from two-thirds of the states, and a majority
of all the states shall be necessary to a choice. And if the
House of Representatives shall not choose a President whenever
the right of choice shall devolve upon them, before the fourth
day of March next following, then the Vice-President shall act
as President, as in the case of the death or other
constitutional disability of the President.\14\--The person
having the greatest number of votes as Vice-President, shall be
the Vice-President, if such number be a majority of the whole
number of Electors appointed, and if no person have a majority,
then from the two highest numbers on the list, the Senate shall
choose the Vice-President; a quorum for the purpose shall
consist of two-thirds of the whole number of Senators, and a
majority of the whole number shall be necessary to a choice.
But no person constitutionally ineligible to the office of
President shall be eligible to that of Vice-President of the
United States.
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\14\ This sentence has been superseded by section 3 of amendment
XX.
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Proposal and Ratification
The twelfth amendment to the Constitution of the United
States was proposed to the legislatures of the several States
by the Eighth Congress, on the 9th of December, 1803, in lieu
of the original third paragraph of the first section of the
second article; and was declared in a proclamation of the
Secretary of State, dated the 25th of September, 1804, to have
been ratified by the legislatures of 13 of the 17 States. The
dates of ratification were: North Carolina, December 21, 1803;
Maryland, December 24, 1803; Kentucky, December 27, 1803; Ohio,
December 30, 1803; Pennsylvania, January 5, 1804; Vermont,
January 30, 1804; Virginia, February 3, 1804; New York,
February 10, 1804; New Jersey, February 22, 1804; Rhode Island,
March 12, 1804; South Carolina, May 15, 1804; Georgia, May 19,
1804; New Hampshire, June 15, 1804.
Ratification was completed on June 15, 1804.
The amendment was subsequently ratified by Tennessee, July
27, 1804.
The amendment was rejected by Delaware, January 18, 1804;
Massachusetts, February 3, 1804; Connecticut, at its session
begun May 10, 1804.
Amendment XIII.
Section. 1. Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the party shall have
been duly convicted, shall exist within the United States, or
any place subject to their jurisdiction.
Section. 2. Congress shall have power to enforce this
article by appropriate legislation.
Proposal and Ratification
The thirteenth amendment to the Constitution of the United
States was proposed to the legislatures of the several States
by the Thirty-eighth Congress, on the 31st day of January,
1865, and was declared, in a proclamation of the Secretary of
State, dated the 18th of December, 1865, to have been ratified
by the legislatures of twenty-seven of the thirty-six States.
The dates of ratification were: Illinois, February 1, 1865;
Rhode Island, February 2, 1865; Michigan, February 2, 1865;
Maryland, February 3, 1865; New York, February 3, 1865;
Pennsylvania, February 3, 1865; West Virginia, February 3,
1865; Missouri, February 6, 1865; Maine, February 7, 1865;
Kansas, February 7, 1865; Massachusetts, February 7, 1865;
Virginia, February 9, 1865; Ohio, February 10, 1865; Indiana,
February 13, 1865; Nevada, February 16, 1865; Louisiana,
February 17, 1865; Minnesota, February 23, 1865; Wisconsin,
February 24, 1865; Vermont, March 9, 1865; Tennessee, April 7,
1865; Arkansas, April 14, 1865; Connecticut, May 4, 1865; New
Hampshire, July 1, 1865; South Carolina, November 13, 1865;
Alabama, December 2, 1865; North Carolina, December 4, 1865;
Georgia, December 6, 1865.
Ratification was completed on December 6, 1865.
The amendment was subsequently ratified by Oregon, December
8, 1865; California, December 19, 1865; Florida, December 28,
1865 (Florida again ratified on June 9, 1868, upon its adoption
of a new constitution); Iowa, January 15, 1866; New Jersey,
January 23, 1866 (after having rejected the amendment on March
16, 1865); Texas, February 18, 1870; Delaware, February 12,
1901 (after having rejected the amendment on February 8, 1865);
Kentucky, March 18, 1976 (after having rejected it on February
24, 1865).
The amendment was rejected (and not subsequently ratified)
by Mississippi, December 4, 1865.
Amendment XIV.
Section. 1. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens
of the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor
shall any State depriveany person within its jurisdiction the
equal protection of the laws.
Section. 2. Representatives shall be apportioned among the
several States according to their respective numbers, counting
the whole number of persons in each State, excluding Indians
not taxed. But when the right to vote at any election for the
choice of electors for President and Vice President of the
United States, Representatives in Congress, the Executive and
Judicial officers of a State, or the members of the Legislature
thereof, is denied to any of the male inhabitants of such
State, being twenty-one years of age,\15\ and citizens of the
United States, or in any way abridged, except for participation
in rebellion, or other crime, the basis of representation
therein shall be reduced in the proportion which the number of
such male citizens shall bear to the whole number of male
citizens twenty-one years of age in such State.
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\15\ See amendment XIX and section 1 of amendment XXVI.
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Section. 3. No person shall be a Senator or Representative
in Congress, or elector of President and Vice President, or
hold any office, civil or military, under the United States, or
under any State, who, having previously taken an oath, as a
member of Congress, or as an officer of the United States, or
as a member of any State legislature, or as an executive or
judicial officer of any State, to support the Constitution of
the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may by a vote of two-thirds of
each House, remove such disability.
Section. 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for payment
of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But neither
the United States nor any State shall assume or pay any debt or
obligation incurred in aid of insurrection or rebellion against
the United States, or any claim for the loss or emancipation of
any slave; but all such debts, obligations and claims shall be
held illegal and void.
Section. 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.
Proposal and Ratification
The fourteenth amendment to the Constitution of the United
States was proposed to the legislatures of the several States
by the Thirty-ninth Congress, on the 13th of June, 1866. It was
declared, in a certificate of the Secretary of State dated July
28, 1868 to have been ratified by the legislatures of 28 of the
37 States. The dates of ratification were: Connecticut, June
25, 1866; New Hampshire, July 6, 1866; Tennessee, July 19,
1866; New Jersey, September 11, 1866 (subsequently the
legislature rescinded its ratification, and on March 24, 1868,
readopted its resolution of rescission over the Governor's
veto, and on November 12, 1980, expressed support for the
amendment); Oregon, September 19, 1866 (and rescinded its
ratification on October 15, 1868); Vermont, October 30, 1866;
Ohio, January 4, 1867 (and rescinded its ratification on
January 15, 1868); New York, January 10, 1867; Kansas, January
11, 1867; Illinois, January 15, 1867; West Virginia, January
16, 1867; Michigan, January 16, 1867; Minnesota, January 16,
1867; Maine, January 19, 1867; Nevada, January 22, 1867;
Indiana, January 23, 1867; Missouri, January 25, 1867; Rhode
Island, February 7, 1867; Wisconsin, February 7, 1867;
Pennsylvania, February 12, 1867; Massachusetts, March 20, 1867;
Nebraska, June 15, 1867; Iowa, March 16, 1868; Arkansas, April
6, 1868; Florida, June 9, 1868; North Carolina, July 4, 1868
(after having rejected it on December 14, 1866); Louisiana,
July 9, 1868 (after having rejected it on February 6, 1867);
South Carolina, July 9, 1868 (after having rejected it on
December 20, 1866).
Ratification was completed on July 9, 1868.
The amendment was subsequently ratified by Alabama, July
13, 1868; Georgia, July 21, 1868 (after having rejected it on
November 9, 1866); Virginia, October 8, 1869 (after having
rejected it on January 9, 1867); Mississippi, January 17, 1870;
Texas, February 18, 1870 (after having rejected it on October
27, 1866); Delaware, February 12, 1901 (after having rejected
it on February 8, 1867); Maryland, April 4, 1959 (after having
rejected it on March 23, 1867); California, May 6, 1959;
Kentucky, March 18, 1976 (after having rejected it on January
8, 1867).
Amendment XV.
Section. 1. The right of citizens of the United States to
vote shall not be denied or abridged by the United States or by
any State on account of race, color, or previous condition of
servitude.
Section. 2. The Congress shall have power to enforce this
article by appropriate legislation.
Proposal and Ratification
The fifteenth amendment to the Constitution of the United
States was proposed to the legislatures of the several States
by the Fortieth Congress, on the 26th of February 1869, and was
declared, in a proclamation of the Secretary of State, dated
March 30, 1870, to have been ratified by the legislatures of
twenty-nine of the thirty-seven States. The dates of
ratification were: Nevada, March 1, 1869; West Virginia, March
3, 1869; Illinois, March 5, 1869; Louisiana, March 5, 1869;
North Carolina, March 5, 1869; Michigan, March 8, 1869;
Wisconsin, March 9, 1869; Maine, March 11, 1869; Massachusetts,
March 12, 1869; Arkansas, March 15, 1869; South Carolina, March
15, 1869; Pennsylvania, March 25, 1869; New York, April 14,
1869 (and the legislature of the same State passed a resolution
January 5, 1870, to withdraw its consent to it, which action it
rescinded on March 30, 1970); Indiana, May 14, 1869;
Connecticut, May 19, 1869; Florida, June 14, 1869; New
Hampshire, July 1, 1869; Virginia, October 8, 1869; Vermont,
October 20, 1869; Missouri, January 7, 1870; Minnesota, January
13, 1870; Mississippi, January 17, 1870; Rhode Island, January
18, 1870; Kansas, January 19, 1870; Ohio, January 27, 1870
(after having rejected it on April 30, 1869); Georgia, February
2, 1870; Iowa February 3, 1870.
Ratification was completed on February 3, 1870, unless the
withdrawal of ratification by New York was effective; in which
event ratification was completed on February 17, 1870, when
Nebraska ratified.
The amendment was subsequently ratified by Texas, February
18, 1870; New Jersey, February 15, 1871 (after having rejected
it on February 7, 1870); Delaware, February 12, 1901 (after
having rejected it on March 18, 1869); Oregon, February 24,
1959; California, April 3, 1962 (after having rejected it on
January 28, 1870); Kentucky, March 18, 1976 (after having
rejected it on March 12, 1869).
The amendment was approved by the Governor of Maryland, May
7, 1973; Maryland having previously rejected it on February 26,
1870.
The amendment was rejected (and not subsequently ratified)
by Tennessee, November 16, 1869.
Amendment XVI.
The Congress shall have power to lay and collect taxes on
incomes, from whatever source derived, without apportionment
among the several States, and without regard to any census or
enumeration.
Proposal and Ratification
The sixteenth amendment to the Constitution of the United States
was proposed to the legislatures of the several States by the Sixty-
first Congress on the 12th of July, 1909, and was declared, in a
proclamation of the Secretary of State, dated the 25th of February,
1913, to have been ratified by 36 of the 48 States. The dates of
ratification were: Alabama, August 10, 1909; Kentucky, February 8,
1910; South Carolina, February 19, 1910 Illinois, March 1, 1910;
Mississippi, March 7, 1910; Oklahoma, March 10, 1910; Maryland, April
8, 1910; Georgia, August 3, 1910; Texas, August 16, 1910; Ohio, January
19, 1911; Idaho, January 20, 1911; Oregon,January 23, 1911; Washington,
January 26, 1911; Montana, January 30, 1911; Indiana, January 30, 1911;
California, January 31, 1911; Nevada, January 31, 1911; South Dakota,
February 3, 1911; Nebraska, February 9, 1911; North Carolina, February
11, 1911; Colorado, February 15, 1911; North Dakota, February 17, 1911;
Kansas, February 18, 1911; Michigan, February 23, 1911; Iowa, February
24, 1911; Missouri, March 16, 1911; Maine, March 31, 1911; Tennessee,
April 7, 1911; Arkansas, April 22, 1911 (after having rejected it
earlier); Wisconsin, May 26, 1911; New York, July 12, 1911; Arizona,
April 6, 1912; Minnesota, June 11, 1912; Louisiana, June 28, 1912; West
Virginia, January 31, 1913; New Mexico, February 3, 1913.
Ratification was completed on February 3, 1913.
The amendment as subsequently ratified by Massachusetts, March 4,
1913; New Hampshire, March 7, 1913 (after having rejected it on March
2, 1911).
The amendment was rejected (and not subsequently ratified) by
Connecticut, Rhode Island, and Utah.
Amendment [XVII.]
The Senate of the United States shall be composed of two
Senators from each State, elected by the people thereof, for
six years; and each Senator shall have one vote. The electors
in each State shall have the qualifications requisite for
electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in
the Senate, the executive authority of such State shall issue
writs of election to fill such vacancies: Provided, That the
legislature of any State may empower the executive thereof to
make temporary appointments until the people fill the vacancies
by election as the legislature may direct.
This amendment shall not be so construed as to affect the
election or term of any Senator chosen before it becomes valid
as part of the of the Constitution.
Proposal and Ratification
The seventeenth amendment to the Constitution of the United
States was proposed to the legislatures of the several States
by the Sixty-second Congress on the 13th of May, 1912, and was
declared, in a proclamation of the Secretary of State, dated
the 31st of May, 1913, to have been ratified by the
legislatures of 36 of the 48 States. The dates of ratification
were: Massachusetts, May 22, 1912; Arizona, June 3, 1912;
Minnesota, June 10, 1912; New York, January 15, 1913; Kansas,
January 17, 1913; Oregon, January 23, 1913; North Carolina,
January 25, 1913; California, January 28, 1913; Michigan,
January 28, 1913; Iowa, January 30, 1913; Montana, January 30,
1913; Idaho, January 31, 1913; West Virginia, February 4, 1913;
Colorado, February 5, 1913; Nevada, February 6, 1913; Texas,
February 7, 1913; Washington, February 7, 1913; Wyoming,
February 8, 1913; Arkansas, February 11, 1913; Maine, February
11, 1913; Illinois, February 13, 1913; North Dakota, February
14, 1913; Wisconsin, February 18, 1913; Indiana, February 19,
1913; New Hampshire, February 19, 1913; Vermont, February 19,
1913; South Dakota, February 19, 1913; Oklahoma, February 24,
1913; Ohio, February 25, 1913; Missouri, March 7, 1913; New
Mexico, March 13, 1913; Nebraska, March 14, 1913; New Jersey,
March 17, 1913; Tennessee, April 1, 1913; Pennsylvania, April
2, 1913; Connecticut, April 8, 1913.
Ratification was completed on April 8, 1913.
The amendment was subsequently ratified by Louisiana, June
11, 1914.
The amendment was rejected by Utah (and not subsequently
ratified) on February 26, 1913.
Amendment [XVIII.] \16\
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\16\ Repealed by section 1 of amendment XXI.
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Section. 1. After one year from the ratification of this
article the manufacture, sale, or transportation of
intoxicating liquors within, the importation thereof into, or
the exportation thereof from the United States and all
territory subject to the jurisdiction thereof for beverage
purposes is hereby prohibited.
Section. 2. The Congress, and the several States shall have
concurrent power to enforce this article by appropriate
legislation.
Section. 3. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution by
the legislatures of the several States, as provided in the
Constitution, within seven years from the date of the
submission hereof to the States by the Congress.
Proposal and Ratification
The eighteenth amendment to the Constitution of the United
States was proposed to the legislatures of the several States
by the Sixty-fifth Congress, on the 18th of December, 1917, and
was declared, in a proclamation of the Secretary of State,
dated the 29th of January, 1919, to have been ratified by the
legislatures of 36 of the 48 States. The dates of ratification
were: Mississippi, January 8, 1918; Virginia, January 11, 1918;
Kentucky, January 14, 1918; North Dakota, January 25, 1918;
South Carolina, January 29, 1918; Maryland, February 13, 1918;
Montana, February 19, 1918; Texas, March 4, 1918; Delaware,
March 18, 1918; South Dakota, March 20, 1918; Massachusetts,
April 2, 1918; Arizona, May 24, 1918; Georgia, June 26, 1918;
Louisiana, August 3, 1918; Florida, December 3, 1918; Michigan,
January 2, 1919; Ohio, January 7, 1919; Oklahoma, January 7,
1919; Idaho, January 8, 1919; Maine, January 8, 1919; West
Virginia, January 9, 1919; California, January 13, 1919;
Tennessee, January 13, 1919; Washington, January 13, 1919;
Arkansas, January 14, 1919; Kansas, January 14, 1919; Alabama,
January 15, 1919; Colorado, January 15, 1919; Iowa, January 15,
1919; New Hampshire, January 15, 1919; Oregon, January 15,
1919; Nebraska, January 16, 1919; North Carolina, January 16,
1919; Utah, January 16, 1919; Missouri, January 16, 1919;
Wyoming, January 16, 1919.
Ratification was completed on January 16, 1919. See Dillon
v. Gloss, 256 U.S. 368, 376 (1921).
The amendment was subsequently ratified by Minnesota on
January 17, 1919; Wisconsin, January 17, 1919; New Mexico,
January 20, 1919; Nevada, January 21, 1919; New York, January
29, 1919; Vermont, January 29, 1919; Pennsylvania, February 25,
1919; Connecticut, May 6, 1919; and New Jersey, March 9, 1922.
The amendment was rejected (and not subsequently ratified)
by Rhode Island.
Amendment [XIX.]
The right of citizens of the United States to vote shall
not be denied or abridged by the United States or by any State
on account of sex.
Congress shall have power to enforce this article by
appropriate legislation.
Proposal and Ratification
The nineteenth amendment to the Constitution of the United
States was proposed to the legislatures of the several States
by the Sixty-sixth Congress, on the 4th of June, 1919, and was
declared, in a proclamation of the Secretary of State, dated
the 26th of August, 1920, to have been ratified by the
legislatures of 36 of the 48 States. The dates of ratification
were: Illinois, June 10, 1919 (and that State readopted its
resolution of ratification June 17, 1919); Michigan, June 10,
1919; Wisconsin, June 10, 1919; Kansas, June 16, 1919; New
York, June 16, 1919; Ohio, June 16, 1919; Pennsylvania, June
24, 1919; Massachusetts, June 25, 1919; Texas, June 28, 1919;
Iowa, July 2, 1919; Missouri, July 3, 1919; Arkansas, July 28,
1919; Montana, August 2, 1919; Nebraska, August 2, 1919;
Minnesota, September 8, 1919; New Hampshire, September 10,
1919; Utah, October 2, 1919; California, November 1, 1919;
Maine, November 5, 1919; North Dakota, December 1, 1919; South
Dakota, December 4, 1919; Colorado, December 15, 1919;
Kentucky, January 6, 1920; Rhode Island, January 6, 1920;
Oregon, January 13, 1920; Indiana, January 16, 1920; Wyoming,
January 27, 1920; Nevada, February 7, 1920; New Jersey,
February 9, 1920; Idaho, February 11, 1920; Arizona, February
12, 1920; New Mexico, February 21, 1920; Oklahoma, February 28,
1920; West Virginia, March 10, 1920; Washington, March 22,
1920; Tennessee, August 18, 1920.
Ratification was completed on August 18, 1920.
The amendment was subsequently ratified by Connecticut on September
14, 1920 (and that State reaffirmed on September 21, 1920); Vermont,
February 8, 1921; Delaware, March 6, 1923 (after having rejected it on
June 2, 1920); Maryland, March 29, 1941 (after having rejected it on
February 24, 1920, ratification certified on February 25, 1958);
Virginia, February 21, 1952 (after having rejected it on February 12,
1920); Alabama, September 8, 1953 (after having rejected it on
September 22, 1919); Florida, May 13, 1969; South Carolina, July 1,
1969 (after having rejected it on January 28, 1920, ratification
certified on August 22, 1973); Georgia, February 20, 1970 (after having
rejected it on July 24, 1919); Louisiana, June 11, 1970 (after
havingrejected it on July 1, 1920); North Carolina, May 6, 1971;
Mississippi, March 22, 1984 (after having rejected it on March 29,
1920).
Amendment [XX.]
Section. 1. The terms of the President and Vice President
shall end at noon on the 20th day of January, and the terms of
Senators and Representatives at noon on the 3d day of January,
of the years in which such terms would have ended if this
article had not been ratified; and the terms of their
successors shall then begin.
Section. 2. The Congress shall assemble at least once in
every year, and such meeting shall begin at noon on the 3d day
of January, unless they shall by law appoint a different day.
Section. 3. If, at the time fixed for the beginning of the
term of the President, the President elect shall have died, the
Vice President elect shall become President. If a President
shall not have been chosen before the time fixed for the
beginning of his term, or if the President elect shall have
failed to qualify, then the Vice President elect shall act as
President until a President shall have qualified; and the
Congress may by law provide for the case wherein neither a
President elect nor a Vice President elect shall have
qualified, declaring who shall then act as President, or the
manner in which one who is to act shall be selected, and such
person shall act accordingly until a President or Vice
President shall have qualified.
Section. 4. The Congress may by law provide for the case of
the death of any of the persons from whom the House of
Representatives may choose a President whenever the right of
choice shall have devolved upon them, and for the case of the
death of any of the persons from whom the Senate may choose a
Vice President whenever the right of choice shall have devolved
upon them.
Section. 5. Sections 1 and 2 shall take effect on the 15th
day of October following the ratification of this article.
Section. 6. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution by
the legislatures of three-fourths of the several States within
seven years from the date of its submission.
Proposal and Ratification
The twentieth amendment to the Constitution was proposed to
the legislatures of the several States by the Seventy-Second
Congress, on the 2d day of March, 1932, and was declared, in a
proclamation by the Secretary of State, dated on the 6th day of
February, 1933, to have been ratified by the legislatures of 36
of the 48 States. The dates of ratification were: Virginia,
March 4, 1932; New York, March 11, 1932; Mississippi, March 16,
1932; Arkansas, March 17, 1932; Kentucky, March 17, 1932; New
Jersey, March 21, 1932; South Carolina, March 25, 1932;
Michigan, March 31, 1932; Maine, April 1, 1932; Rhode Island,
April 14, 1932; Illinois, April 21, 1932; Louisiana, June 22,
1932; West Virginia, July 30, 1932; Pennsylvania, August 11,
1932; Indiana, August 15, 1932; Texas, September 7, 1932;
Alabama, September 13, 1932; California, January 4, 1933; North
Carolina, January 5, 1933; North Dakota, January 9, 1933;
Minnesota, January 12, 1933; Arizona, January 13, 1933;
Montana, January 13, 1933; Nebraska, January 13, 1933;
Oklahoma, January 13, 1933; Kansas, January 16, 1933; Oregon,
January 16, 1933; Delaware, January 19, 1933; Washington,
January 19, 1933; Wyoming, January 19, 1933; Iowa, January 20,
1933; South Dakota, January 20, 1933; Tennessee, January 20,
1933; Idaho, January 21, 1933; New Mexico, January 21, 1933;
Georgia, January 23, 1933; Missouri, January 23, 1933; Ohio,
January 23, 1933; Utah, January 23, 1933.
Ratification was completed on January 23, 1933.
The amendment was subsequently ratified by Massachusetts on
January 24, 1933; Wisconsin, January 24, 1933; Colorado,
January 24, 1933; Nevada, January 26, 1933; Connecticut,
January 27, 1933; New Hampshire, January 31, 1933; Vermont,
February 2, 1933; Maryland, March 24, 1933; Florida, April 26,
1933.
Amendment [XXI.]
Section. 1. The eighteenth article of amendment to the
Constitution of the United States is hereby repealed.
Section. 2. The transportation or importation into any
State, Territory, or possession of the United States for
delivery or use therein of intoxicating liquors, in violation
of the laws thereof, is hereby prohibited.
Section. 3. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution by
conventions in the several States, as provided in the
Constitution, within seven years from the date of the
submission hereof to the States by the Congress.
Proposal and Ratification
The twenty-first amendment to the Constitution was proposed
to the several States by the Seventy-Second Congress, on the
20th day of February, 1933, and was declared, in a proclamation
by the Secretary of State, dated on the 5th day of December,
1933, to have been ratified by 36 of the 48 States. The dates
of ratification were: Michigan, April 10, 1933; Wisconsin,
April 25, 1933; Rhode Island, May 8, 1933; Wyoming, May 25,
1933; New Jersey, June 1, 1933; Delaware, June 24, 1933;
Indiana, June 26, 1933; Massachusetts, June 26, 1933; New York,
June 27, 1933; Illinois, July 10, 1933; Iowa, July 10, 1933;
Connecticut, July 11, 1933; New Hampshire, July 11, 1933;
California, July 24, 1933; West Virginia, July 25, 1933;
Arkansas, August 1, 1933; Oregon, August 7, 1933; Alabama,
August 8, 1933; Tennessee, August 11, 1933; Missouri, August
29, 1933; Arizona, September 5, 1933; Nevada, September 5,
1933; Vermont, September 23, 1933; Colorado, September 26,
1933; Washington, October 3, 1933; Minnesota, October 10, 1933;
Idaho, October 17, 1933; Maryland, October 18, 1933; Virginia,
October 25, 1933; New Mexico, November 2, 1933; Florida,
November 14, 1933; Texas, November 24, 1933; Kentucky, November
27, 1933; Ohio, December 5, 1933; Pennsylvania, December 5,
1933; Utah, December 5, 1933.
Ratification was completed on December 5, 1933.
The amendment was subsequently ratified by Maine, on
December 6, 1933, and by Montana, on August 6, 1934.
The amendment was rejected (and not subsequently ratified)
by South Carolina, on December 4, 1933.
Amendment [XXII.]
Section. 1. No person shall be elected to the office of the
President more than twice, and no person who has held the
office of President, or acted as President, for more than two
years of a term to which some other person was elected
President shall be elected to the office of the President more
than once. But this Article shall not apply to any person
holding the office of President when this Article was proposed
by the Congress, and shall not prevent any person who may be
holding the office of President, or acting as President, during
the term within which this Article becomes operative from
holding the office of President or acting as President during
the remainder of such term.
Section. 2. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution by
the legislatures of three-fourths of the several States within
seven years from the date of its submission to the States by
the Congress.
Proposal and Ratification
This amendment was proposed to the legislatures of the several
States by the Eightieth Congress on March 21, 1947 by House Joint Res.
No. 27, and was declared by the Administrator of General Services, on
March 1, 1951, to have been ratified by the legislatures of 36 of the
48 States. The dates of ratification were: Maine, March 31, 1947;
Michigan, March 31, 1947; Iowa, April 1, 1947; Kansas, April 1, 1947;
New Hampshire, April 1, 1947; Delaware, April 2, 1947; Illinois, April
3, 1947; Oregon, April 3, 1947; Colorado, April 12, 1947; California,
April 15, 1947; New Jersey, April 15, 1947; Vermont, April 15, 1947;
Ohio,April 16, 1947; Wisconsin, April 16, 1947; Pennsylvania, April 29,
1947; Connecticut, May 21, 1947; Missouri, May 22, 1947; Nebraska, May
23, 1947; Virginia, January 28, 1948; Mississippi, February 12, 1948;
New York, March 9, 1948; South Dakota, January 21, 1949; North Dakota,
February 25, 1949; Louisiana, May 17, 1950; Montana, January 25, 1951;
Indiana, January 29, 1951; Idaho, January 30, 1951; New Mexico,
February 12, 1951; Wyoming, February 12, 1951; Arkansas, February 15,
1951; Georgia, February 17, 1951; Tennessee, February 20, 1951; Texas,
February 22, 1951; Nevada, February 26, 1951, Utah, February 26, 1951;
Minnesota, February 27, 1951.
Ratification was completed on February 27, 1951.
The amendment was subsequently ratified by North Carolina on
February 28, 1951; South Carolina, March 13, 1951; Maryland, March 14,
1951; Florida, April 16, 1951; Alabama, May 4, 1951.
The amendment was rejected (and not subsequently ratified) by
Oklahoma in June 1947, and Massachusetts on June 9, 1949.
Certification of Validity
Publication of the certifying statement of the Administrator of
General Services that the amendment had become valid was made on March
1, 1951, F.R. Doc. 51-2940, 16 F.R. 2019.
Amendment [XXIII.]
Section. 1. The District constituting the seat of
Government of the United States shall appoint in such manner as
the Congress may direct:
A number of electors of President and Vice President equal
to the whole number of Senators and Representatives in Congress
to which the District would be entitled if it were a State, but
in no event more than the least populous State; they shall be
in addition to those appointed by the States, but they shall be
considered, for the purposes of the election of President and
Vice President, to be electors appointed by a State and they
shall meet in the District and perform such duties as provided
by the twelfth article of amendment.
Section. 2. The Congress shall have power to enforce this
article by appropriate legislation.
Proposal and Ratification
This amendment was proposed by the Eighty-sixth Congress on
June 17, 1960 and was declared by the Administrator of General
Services on April 3, 1961, to have been ratified by 38 of the
50 States. The dates of ratification were: Hawaii, June 23,
1960 (and that State made a technical correction to its
resolution on June 30, 1960); Massachusetts, August 22, 1960;
New Jersey, December 19, 1960; New York, January 17, 1961;
California, January 19, 1961; Oregon, January 27, 1961;
Maryland, January 30, 1961; Idaho, January 31, 1961; Maine,
January 31, 1961; Minnesota, January 31, 1961; New Mexico,
February 1, 1961; Nevada, February 2, 1961; Montana, February
6, 1961; South Dakota, February 6, 1961; Colorado, February 8,
1961; Washington, February 9, 1961; West Virginia, February 9,
1961; Alaska, February 10, 1961; Wyoming, February 13, 1961;
Delaware, February 20, 1961; Utah, February 21, 1961;
Wisconsin, February 21, 1961; Pennsylvania, February 28, 1961;
Indiana, March 3, 1961; North Dakota, March 3, 1961; Tennessee,
March 6, 1961; Michigan, March 8, 1961; Connecticut, March 9,
1961; Arizona, March 10, 1961; Illinois, March 14, 1961;
Nebraska, March 15, 1961; Vermont, March 15, 1961; Iowa, March
16, 1961; Missouri, March 20, 1961; Oklahoma, March 21, 1961;
Rhode Island, March 22, 1961; Kansas, March 29, 1961; Ohio,
March 29, 1961.
Ratification was completed on March 29, 1961.
The amendment was subsequently ratified by New Hampshire on
March 30, 1961 (when that State annulled and then repeated its
ratification of March 29, 1961).
The amendment was rejected (and not subsequently ratified)
by Arkansas on January 24, 1961.
Certification of Validity
Publication of the certifying statement of the
Administrator of General Services that the amendment had become
valid was made on April 3, 1961, F.R. Doc. 61-3017, 26 F.R.
2808.
Amendment [XXIV.]
Section. 1. The right of citizens of the United States to
vote in any primary or other election for President or Vice
President, for electors for President or Vice President, or for
Senator or Representative in Congress, shall not be denied or
abridged by the United States or any State by reason of failure
to pay any poll tax or other tax.
Section. 2. The Congress shall have power to enforce this
article by appropriate legislation.
Proposal and Ratification
This amendment was proposed by the Eighty-seventh Congress
by Senate Joint Resolution No. 29, which was approved by the
Senate on March 27, 1962, and by the House of Representatives
on August 27, 1962. It was declared by the Administrator of
General Services on February 4, 1964, to have been ratified by
the legislatures of 38 of the 50 States.
This amendment was ratified by the following States:
Illinois, November 14, 1962; New Jersey, December 3, 1962;
Oregon, January 25, 1963; Montana, January 28, 1963; West
Virginia, February 1, 1963; New York, February 4, 1963;
Maryland, February 6, 1963; California, February 7, 1963;
Alaska, February 11, 1963; Rhode Island, February 14, 1963;
Indiana, February 19, 1963; Utah, February 20, 1963; Michigan,
February 20, 1963; Colorado, February 21, 1963; Ohio, February
27, 1963; Minnesota, February 27, 1963; New Mexico, March 5,
1963; Hawaii, March 6, 1963; North Dakota, March 7, 1963;
Idaho, March 8, 1963; Washington, March 14, 1963; Vermont,
March 15, 1963; Nevada, March 19, 1963; Connecticut, March 20,
1963; Tennessee, March 21, 1963; Pennsylvania, March 25, 1963;
Wisconsin, March 26, 1963; Kansas, March 28, 1963;
Massachusetts, March 28, 1963; Nebraska, April 4, 1963;
Florida, April 18, 1963; Iowa, April 24, 1963; Delaware, May 1,
1963; Missouri, May 13, 1963; New Hampshire, June 12, 1963;
Kentucky, June 27, 1963; Maine, January 16, 1964; South Dakota,
January 23, 1964; Virginia, February 25, 1977.
Ratification was completed on January 23, 1964.
The amendment was subsequently ratified by North Carolina
on May 3, 1989.
The amendment was rejected by Mississippi (and not
subsequently ratified) on December 20, 1962.
Certification of Validity
Publication of the certifying statement of the
Administrator of General Services that the amendment had become
valid was made on February 5, 1964, F.R. Doc. 64-1229, 29 F.R.
1715.
Amendment [XXV.]
Section. 1. In case of the removal of the President from
office or of his death or resignation, the Vice President shall
become President.
Section. 2. Whenever there is a vacancy in the office of
the Vice President, the President shall nominate a Vice
President who shall take office upon confirmation by a majority
vote of both Houses of Congress.
Section. 3. Whenever the President transmits to the
President pro tempore of the Senate and the Speaker of the
House of Representatives his written declaration that he is
unable to discharge the powers and duties of his office, and
until he transmits to them a written declaration to the
contrary, such powers and duties shall be discharged by the
Vice President as Acting President.
Section. 4. Whenever the Vice President and a majority of
either the principal officers of the executive departments or
of such other body as Congress may by law provide, transmit to
the President pro tempore of the Senate and the Speaker of the
House of Representatives their written declaration that the
President is unable to discharge the powers and duties of his
office, the Vice President shall immediately assume the powers
and duties of the office as Acting President.
Thereafter, when the President transmits to the President
pro tempore of the Senate and the Speaker of the House of
Representatives his written declaration that no inability
exists, he shall resume the powers and duties of his office
unless the Vice President and a majority of either the
principal officers of the executive department \17\ or of such
other body as Congress may by law provide, transmit within four
days to the President pro tempore of the Senate and the Speaker
of the House of Representatives their written declaration that
the President is unable to discharge the powers and duties of
his office. Thereupon Congress shall decide the issue,
assembling within forty-eight hours for that purpose if not in
session. If the Congress, within twenty-one days after receipt
of the latter written declaration, or, if Congress is not in
session, within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that the
President is unable to discharge the powers and duties of his
office, the Vice President shall continue to discharge the same
as Acting President; otherwise, the President shall resume the
powers and duties of his office.
---------------------------------------------------------------------------
\17\ So in original. Probably be ``departments''.
---------------------------------------------------------------------------
Proposal and Ratification
This amendment was proposed by the Eighty-ninth Congress by
Senate Joint Resolution No. 1, which was approved by the Senate
on February 19, 1965, and by the House of Representatives, in
amended form, on April 13, 1965. The House of Representatives
agreed to a Conference Report on June 30, 1965, and the Senate
agreed to the Conference Report on July 6, 1965. It was
declared by the Administrator of General Services, on February
23, 1967, to have been ratified by the legislatures of 39 of
the 50 States.
This amendment was ratified by the following States:
Nebraska, July 12, 1965; Wisconsin, July 13, 1965;
Oklahoma, July 16, 1965; Massachusetts, August 9, 1965;
Pennsylvania, August 18, 1965; Kentucky, September 15, 1965;
Arizona, September 22, 1965; Michigan, October 5, 1965;
Indiana, October 20, 1965, California, October 21, 1965;
Arkansas, November 4, 1965; New Jersey, November 29, 1965;
Delaware, December 7, 1965; Utah, January 17, 1966; West
Virginia, January 20, 1966; Maine, January 24, 1966; Rhode
Island, January 28, 1966; Colorado, February 3, 1966; New
Mexico, February 3, 1966; Kansas, February 8, 1966; Vermont,
February 10, 1966; Alaska, February 18, 1966; Idaho, March 2,
1966; Hawaii, March 3, 1966; Virginia, March 8, 1966;
Mississippi, March 10, 1966; New York, March 14, 1966;
Maryland, March 23, 1966; Missouri, March 30, 1966; New
Hampshire, June 13, 1966; Louisiana, July 5, 1966, Tennessee,
January 12, 1967; Wyoming, January 25, 1967; Washington,
January 26, 1967; Iowa, January 26, 1967; Oregon, February 2,
1967; Minnesota, February 10, 1967; Nevada, February 10, 1967.
Ratification was completed on February 10, 1967.
The amendment was subsequently ratified by Connecticut,
February 14, 1967; Montana, February 15, 1967; South Dakota,
March 6, 1967; Ohio, March 7, 1967; Alabama, March 14, 1967;
North Carolina, March 22, 1967; Illinois, March 22, 1967;
Texas, April 25, 1967; Florida, May 25, 1967.
Certification of Validity
Publication of the certifying statement of the
Administrator of General Services that the amendment had become
valid was made on February 25, 1967, F.R. Doc. 67-2208, 32 F.R.
3287.
Amendment [XXVI.]
Section. 1. The right of citizens of the United States, who
are eighteen years of age or older, to vote shall not be denied
or abridged by the United States or by any State on account of
age.
Section. 2. The Congress shall have power to enforce this
article by appropriate legislation.
Proposal and Ratification
This amendment was proposed by the Ninety-second Congress
by Senate Joint Resolution No. 7, which was approved by the
Senate on March 10, 1971, and by the House of Representatives
on March 23, 1971. It was declared by the Administrator of
General Services on July 5, 1971, to have been ratified by the
legislatures of 39 of the 50 States.
This amendment was ratified by the following States:
Connecticut, March 23, 1971; Delaware, March 23, 1971;
Minnesota, March 23, 1971; Tennessee, March 23, 1971;
Washington, March 23, 1971; Hawaii, March 24, 1971;
Massachusetts, March 24, 1971; Montana, March 29, 1971;
Arkansas, March 30, 1971; Idaho, March 30, 1971, Iowa, March
30, 1971; Nebraska, April 2, 1971; New Jersey, April 3, 1971;
Kansas, April 7, 1971; Michigan, April 7, 1971; Alaska, April
8, 1971; Maryland, April 8, 1971; Indiana, April 8, 1971,
Maine, April 9, 1971; Vermont, April 16, 1971; Louisiana, April
17, 1971; California, April 19, 1971; Colorado, April 27, 1971;
Pennsylvania, April 27, 1971, Texas, April 27, 1971; South
Carolina, April 28, 1971; West Virginia, April 28, 1971, New
Hampshire, May 13, 1971; Arizona, May 14, 1971; Rhode Island,
May 27, 1971; New York, June 2, 1971; Oregon, June 4, 1971;
Missouri, June 14, 1971; Wisconsin, June 22, 1971; Illinois,
June 29, 1971; Alabama, June 30, 1971; Ohio, June 30, 1971;
North Carolina, July 1, 1971; Oklahoma, July 1, 1971.
Ratification was completed on July 1, 1971.
The amendment was subsequently ratified by Virginia, July
8, 1971; Wyoming, July 8, 1971; Georgia, October 4, 1971.
Certification of Validity
Publication of the certifying statement of the
Administrator of General Services that the amendment had become
valid was made on July 7, 1971, F.R. Doc. 71-9691, 36 F.R.
12725.
Amendment [XXVII.]
Article the Second . . . No law, varying the compensation
for the services of the Senators and Representatives, shall
take effect, until an election of Representatives shall have
intervened.
Proposal and Ratification
This amendment, being the second of twelve articles
proposed by the First Congress on September 25, 1789, was
declared by the Archivist of the United States on May 18, 1992,
to have been ratified by the legislatures of 40 of the 50
States.
This amendment was ratified by the following States:
Maryland, December 19, 1789; North Carolina, December 22, 1789;
South Carolina, January 19, 1790; Delaware, January 28, 1790;
Vermont, November 3, 1791; Virginia, December 15, 1791; Ohio,
May 6, 1873; Wyoming, March 6, 1978; Maine, April 27, 1983;
Colorado, April 22, 1984; South Dakota, February 21, 1985; New
Hampshire, March 7, 1985; Arizona, April 3, 1985; Tennessee,
May 23, 1985; Oklahoma, July 10, 1985; New Mexico, February 14,
1986; Indiana, February 24, 1986; Utah, February 25, 1986;
Arkansas, March 6, 1987; Montana, March 17, 1987; Connecticut,
May 13, 1987; Wisconsin, July 15, 1987; Georgia, February 2,
1988; West Virginia, March 10, 1988; Louisiana, July 7, 1988;
Iowa, February 9, 1989; Idaho, March 23, 1989; Nevada, April
26, 1989; Alaska, May 6, 1989; Oregon, May 19, 1989; Minnesota,
May 22, 1989; Texas, May 25, 1989; Kansas, April 5, 1990;
Florida, May 31, 1990; North Dakota, March 25, 1991; Alabama,
May 5, 1992; Missouri, May 5, 1992; Michigan, May 7, 1992; New
Jersey, May 7, 1992.
Ratification was completed on May 7, 1992.
The amendment was subsequently ratified by Illinois on May
12, 1992, and by California on June 26, 1992.
Certification of Validity
Publication of the certifying statement of the Archivist of
the United States that the amendment had become valid was made
on May 18, 1992, F.R. Doc. 92-11951, 57 F.R. 21187.
[Editorial note: There is some conflict as to the exact
dates of ratification of the amendments by the several States.
In some cases, the resolutions of ratification were signed by
the officers of the legislatures on dates subsequent to that on
which the second house had acted. In other cases, the Governors
of several of the States ``approved'' the resolutions (on a
subsequent date), although action by the Governor is not
contemplated by article V, which required ratification by the
legislatures (or conventions) only. In a number of cases, the
journals of the State legislatures are not available. The dates
set out in this document are based upon the best information
available.]
PROPOSED AMENDMENTS TO THE CONSTITUTION NOT RATIFIED BY THE STATES
During the course of our history, in addition to the 27
amendments that have been ratified by the required three-
fourths of the States, six other amendments have been submitted
to the States but have not been ratified by them.
Beginning with the proposed Eighteenth Amendment, Congress
has customarily included a provision requiring ratification
within seven years from the time of the submission to the
States. The Supreme Court in Coleman v. Miller, 307 U.S. 433
(1939), declared that the question of the reasonableness of the
time within which a sufficient number of States must act is a
political question to be determined by the Congress.
In 1789, twelve proposed articles of amendment were
submitted to the States. Of these, Articles III-XII were
ratified and became the first ten amendments to the
Constitution, popularly known as the Bill of Rights. In 1992,
proposed Article II was ratified and became the 27th amendment
to the Constitution. Proposed Article I which was not ratified
is as follows:
``Article the first
``After the first enumeration required by the first article
of the Constitution, there shall be one Representative for
every thirty thousand, until the number shall amount to one
hundred, after which the proportion shall be so regulated by
Congress, that there shall be not less than one hundred
Representatives, nor less than one Representative for every
forty thousand persons, until the number of Representatives
shall amount to two hundred; after which the proportion shall
be so regulated by Congress, that there shall not be less than
two hundred Representatives, nor more than one Representative
for every fifty thousand persons.''
------
Thereafter, in the 2d session of the Eleventh Congress, the
Congress proposed the following article of amendment to the
Constitution relating to acceptance by citizens of the United
States of titles of nobility from any foreign government.
The proposed amendment, which was not ratified by three-
fourths of the States, is as follows:
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, two thirds of
both houses concurring, That the following section be submitted
to the legislatures of the several states, which, when ratified
by the legislatures of three fourths of the states, shall be
valid and binding, as a part of the constitution of the United
States.
If any citizen of the United States shall accept, claim,
receive or retain any title of nobility or honour, or shall,
without the consent of Congress, accept and retain any present,
pension, office or emolument of any kind whatever, from any
emperor, king, prince or foreign power, such person shall cease
to be a citizen of the United States, and shall be incapable of
holding any office of trust or profit under them, or either of
them.
The following amendment to the Constitution relating to
slavery was proposed by the 2d session of the Thirty-sixth
Congress on March 2, 1861, when it passed the Senate, having
previously passed the House on February 28, 1861. It is
interesting to note in this connection that this is the only
proposed (and not ratified) amendment to the Constitution to
have been signed by the President. The President's signature is
considered unnecessary because of the constitutional provision
that on the concurrence of two-thirds of both Houses of
Congress the proposal shall be submitted to the States for
ratification.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
following article be proposed to the Legislatures of the
several States as an amendment to the Constitution of the
United States, which, when ratified by three-fourths of said
Legislatures, shall be valid, to all intents and purposes, as
part of the said Constitution, viz:
``Article Thirteen
``No amendment shall be made to the Constitution which will
authorize or give to Congress the power to abolish or
interfere, within any State, with the domestic institutions
thereof, including that of persons held to labor or service by
the laws of said State.''
------
A child labor amendment was proposed by the lst session of
the Sixty-eighth Congress on June 2, 1926, when it passed the
Senate, having previously passed the House on April 26, 1926.
The proposed amendment, which has been ratified by 28 States,
to date, is as follows:
Joint Resolution Proposing an Amendment to the Constitution of the
United States
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled (two-thirds of
each House concurring therein), That the following article is
proposed as an amendment to the Constitution of the United
States, which, when ratified by the legislatures of three-
fourths of the several States, shall be valid to all intents
and purposes as a part of the Constitution:
``Article--.
``Section 1. The Congress shall have power to limit,
regulate, and prohibit the labor of persons under eighteen
years of age.
``Section 2. The power of the several States is unimpaired
by this article except that the operation of State laws shall
be suspended to the extent necessary to give effect to
legislation enacted by the Congress.''
------
An amendment relative to equal rights for men and women was
proposed by the 2d session of the Ninety-second Congress on
March 22, 1972, when it passed the Senate, having previously
passed the House on October 12, 1971. The seven-year deadline
for ratification of the proposed amendment was extended to June
30, 1982, by the 2d session of the Ninety-fifth Congress. The
proposed amendment, which was not ratified by three-fourths of
the States by June 30, 1982, is as follows:
Joint Resolution Proposing an Amendment to the Constitution of the
United States Relative to Equal Rights for Men and Women
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled (two-thirds of
each House concurring therein), That the following article is
proposed as an amendment to the Constitution of the United
States, which shall be valid to all intents and purposes as
part of the Constitution when ratified by the legislatures of
three-fourths of the several States within seven years from the
date of its submission by the Congress:
``Article--
``Section 1. Equality of rights under the law shall not be
denied or abridged by the United States or by any State on
account of sex.
``Section 2. The Congress shall have the power to enforce,
by appropriate legislation, the provisions of this article.
``Section 3. amendment shall take effect two years after
the date of ratification.''
------
An amendment relative to voting rights for the District of
Columbia was proposed by the 2d session of the Ninety-fifth
Congress on August 22, 1978, when it passed the Senate, having
previous passed the House on March 2, 1978. The proposed
amendment, which was not ratified by three-fourths of the
States within the specified seven-year period, is as follows:
Joint Resolution Proposing an Amendment to the Constitution on to
Provide For Representation of the District of Columbia in the Congress.
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled (two-thirds of
each House concurring therein), That the following article is
proposed as an amendment to the Constitution of the United
States, which shall be valid to all intents and purposes as
part of the Constitution when ratified by the legislatures of
three-fourths of the several States within seven years from the
date of its submission by the Congress:
``Article--
``Section 1. For purposes of representation in the
Congress, election of the President and Vice President, and
article V of this Constitution, the District constituting the
seat of government of the United States shall be treated as
though it were a State.
``Section 2. The exercise of the rights and powers
conferred under this article shall be by the people of the
District constituting the seat of government, and as shall be
provided by the Congress.
``Section 3. The twenty-third article of amendment to the
Constitution of the United States is hereby repealed.
``Section 4. This article shall be inoperative, unless it
shall have been ratified as an amendment to the Constitution by
the legislatures of three-fourths of the several States within
seven years from the date of its submission.''
I N D E X
__________
[The terms are cross-referenced to the question numbers in the text.
The terms with an asterisk (*) are also included in the Glossary of
Legislative Terms in the Appendix.]
Page
Acts of Congress*.........47-50, 66, 67, 70-74, 88-89, 99-103, 175, 176
Adjournment of Congress*.....................................71, 99-103
Amendments to the Constitution* (See Constitution. The complete
text of the U.S. Constitution, with its amendments, is printed
in the Appendix.)
Annals of Congress (See also Congressional Record)............... 75
Apportionment (See also State Population and House Apportionment,
in the Appendix)...............................................18, 19
Appropriation*...............................................48-50, 122
Armed Forces..........................................53, 56, 57, 96-98
Architect of the Capitol......................................... 42
Articles of Confederation........................................ 5
Authorization*................................................... 49
Bill of Rights* (See also Constitution. The complete text of the
U.S. Constitution, with its amendments, is printed in the
Appendix).....................................................5, 7, 8
Bills in Congress*..................................70-75, 80, 175, 176
Bipartisanship*
Budget*..............................................42, 43, 44, 51, 52
Cabinet...........................................53, 54, 110, 119, 120
Calendar*......................................................175, 176
Caucus*..........................................................36, 37
Chaplain:
House....................................................26, 27, 64
Senate.......................................................32, 64
Checks and Balances.............................................13, 143
Civil Service System............................................124-126
Citizenship......................................................3, 151
Clerk of House...................................................26, 27
Cloture* (See Senate, Debate)
Code of Federal Regulations...................................... 163
Committee of the Whole*..........................................61, 72
Confirmation*....................................................53, 54
Congress* (See also Congressional Committees, Congressional
Process, Congressional Rules, House, Senate)................... 14-91
Constitutional Powers........................................ 53-57
Joint Sessions*.............................................. 76
Office Space................................................. 41
Session*
Term......................................................... 16
Congressional Budget Office and Process..............42, 43, 44, 51, 52
Congressional Caucuses and Conferences:
Party Caucuses and Conferences............................... 36
Other types.................................................. 37
Congressional Committees......................................... 79-91
Appropriations Committees.................................... 48-50
Budget Committee.........................................43, 51, 52
Chairmanship................................................. 91
Conference Committee......................................... 80
Hearings..................................................... 88-90
Joint Committees............................................. 87
Legislation............................................47-53, 70-74
Ranking Minority Member...................................... 91
Rules Committee (House and Senate)........................... 59
Select Committees............................................79, 86
Seniority Rule............................................... 91
Standing Committees.......................................79, 81-85
Congressional Districts..........................................18, 19
Gerrymandering*
Redistricting* (See State Population and House Apportionment,
in the Appendix)
Congressional Documents...........................75, 167, 169, 175-177
Congressional Globe.............................................. 75
Congressional Interns and Volunteers............................. 45
C47-78 99-103, 106-107, 117-118, 121-123, 128, 131, 132, 138-141, 143,
144
Appropriations*..........................................48-50, 122
Authorizations*.............................................49, 122
Budget..................................................51, 52, 103
Confirmation................................................. 54
Hearings*.................................................... 88-90
Oversight..............................................14, 123, 128
Tax Bills.................................................... 47
Congressional Record.......................................75, 175, 176
Congressional Research Service................................... 42-44
Congressional Rules*............................................. 58-78
Acts of Congress................................70-75, 80, 175, 176
Bills and other measures........................70-75, 80, 175, 176
Calendars*.................................................175, 176
Debate (and Cloture).........................................68, 69
Parliamentarians............................................. 62
Point of Order*
Quorum*...................................................... 60
Rules Committee.............................................. 59
Special Rules*
Suspension of Rules*
Tabling Motion*
Unanimous Consent*........................................... 66
Voting in Congress........................................... 67
Congressional Service Organizations and Caucuses................. 37
Congressional Support Agencies................................... 42-44
Congressional Staff and Services................................. 42-46
Constitution* (See also the complete text of the U.S.
Constitution, with its amendments, in the Appendix)............ 1-13
Amending Process*.........................................9, 10, 12
Amendments........................................5-8, 11, 109, 151
Principles Behind..........................................1, 6, 13
Supreme Law of the Land......................................5, 129
Contacting Elected Officials..................................... 178
Contempt of Congress*
Continuing Resolution*
Courts (See Judicial Branch)
Democracy........................................................ 2
Depository Libraries............................................. 167
Discharge Petition*
Election Campaign and Financing.................................154-162
Election to Office (See also Electoral College).................146-153
Administration of Elections.................................. 152
Election Day................................................. 153
President....................................106, 107, 114, 146-149
Representatives.................................15, 18, 19, 23, 150
Senators................................................15, 23, 150
Vice President....................................114, 115, 146-148
Voter Qualifications......................................... 151
Electoral College......................................114-115, 147-149
``Equal Justice Under the Law''.................................. 130
Executive Branch.................................................92-126
Executive Departments and Agencies (See also Cabinet)...........121-126
Executive Journal of House and Senate............................ 75
Executive Office of the President................................ 93
Federal Information Center....................................... 168
Federal Register...............................................163, 164
Federalism....................................................... 2
Federalist Papers................................................ 13
Filibuster (See Senate, Debate)
Freedom of Information Act......................................171-174
General Accounting Office........................................ 42-44
Gerrymandering* (See Congressional Districts)
Government Printing Office......................................42, 176
House of Representatives...............................14-30, 33-38, 41
Legislative Counsel.......................................... 44
Officers of House............................................ 26-30
Majority Party........................................33-36, 64, 65
Minority Party........................................33-36, 64, 65
Quorum*...................................................... 60
Whips........................................................ 35
Impeachment and Removal from Office:
Justices and Judges.....................................53, 55, 142-144
President, Vice President and other U.S. Officers.......53, 55, 109
Independent Agencies and Commissions...........................127, 128
Information Resources...........................................163-178
Judicial Branch (See also Justices and Judges)..................129-145
Appeals Courts..............................................131-139
District Courts............................................131, 138
Justice System.............................................129, 130
Special Courts............................................... 140
Supreme Court...............................................131-137
Justices and Judges.............................................141-145
Impeachment and Removal.....................................142-144
Oath of Office............................................... 145
Opinions and Rulings.......................................136, 137
Qualifications............................................... 141
Tenure......................................................142-144
``Lame Duck'' Amendment.........................................11, 104
Legislative Branch (See also Congress)........................... 14-91
Legislative Counsel in House and Senate.......................... 44
Legislative Day*
Legislative Reorganization Acts.................................. 79
Libraries:
Library of Congress.....................................42, 43, 169
National Agricultural Library................................ 170
National Library of Medicine................................. 170
Presidential Libraries....................................... 166
Members of Congress:
Delegates....................................................18, 21
Misconduct and Punishments...................................24, 25
Qualifications............................................... 15
Representatives..............................14, 15, 17, 18, 20, 38
Resident Commissioner........................................18, 21
Senators.....................................16, 17, 19, 22, 41, 42
Memorials*
Merit Systems...................................................124-126
National Archives..................................74, 75, 163-166, 177
Nomination (See Confirmation)
Oaths of Office:
Members of Congress.......................................... 24
Justices and Judges.......................................... 145
President.................................................... 108
One-Minute Speech*
Oversight of Executive........................................... 123
Pages in Congress................................................ 46
Parliamentarians................................................. 62
Petitions*
Pocket Veto* (See Veto by President)
Political Action Committee*
President of the Senate (See Senate; Vice President)
President of the United States
Addresses to Congress........................................ 118
Assassinations of............................................ 113
Constitutional Powers.......................54, 56, 57, 96-103, 117
Election.................................106, 107, 112-114, 146-149
Executive Office of the President............................ 93
Impeachment.................................................. 55
Inauguration................................................. 87
Nomination Power............................................. 54
Oath......................................................... 108
Papers......................................................165-167
Powers and Roles.........................................94, 96, 97
Presidential Libraries....................................... 166
President-Elect.............................................. 114
Qualifications............................................... 105
Resignation.................................................. 111
Term....................................................11, 94, 104
Vacancy, Disability, Succession.............................109-114
President Pro Tempore of Senate*.............................31, 36, 65
Presidential Libraries........................................... 166
Public Law*
Qualifications:
Members of Congress.......................................... 15
Justices..................................................... 141
President..................................................105, 116
Vice President............................................... 116
Voters....................................................... 151
Quorum*.......................................................... 60
Reapportionment* (See Apportionment)
Recess*
Redistricting* (See Congressional Districts)
Register of Debates in Congress.................................. 75
Regulatory Commissions (See Independent Agencies)
Removal from Office:
Members of Congress.......................................... 24
President, Vice President, Justices, Judges, and others (See
Impeachment)
Representation................................................... 2
Representatives (See Members of Congress)
Republic......................................................... 2
Rider Amendments*
Secretary for the Senate Majority................................ 32
Secretary for the Senate Minority................................ 32
Secretary of the Senate.......................................... 32
Senate.......................................................14, 16, 17
Confirmation Power........................................... 54
Debate (and Cloture).........................................68, 69
Legislative Counsel.......................................... 44
Majority Party............................................31-36, 65
Minority Party............................................31-36, 65
Officers..................................................... 32
President of Senate (See also Vice President)................31, 65
Quorum*...................................................... 60
Treaties..................................................... 53
Whips........................................................ 35
Senators (See Members of Congress)
Separation of Powers............................................. 13
Sequestration.................................................... 52
Sergeant at Arms:
House....................................................26, 27, 67
Senate....................................................... 32
Sine Die* (See Adjournment)
Speaker of the House............26, 28-30, 36, 38, 41, 64, 69, 109, 110
State of the Union Address....................................... 118
Statutes at Large* (See also Acts of Congress)................... 72-74
Supreme Court...................................................130-137
Opinions and Decisions.....................................136, 137
Procedures.................................................134, 135
Suspension of the Rules*
Unanimous Consent Requests*
United States Code............................................... 74
Vacancies in Office:
House........................................................ 23
Senate....................................................... 23
President...................................................109-113
President-Elect.............................................. 114
Vice President..............................................109-113
Vice President-Elect......................................... 114
Veto by President*...................................72, 73, 96, 99-103
Vice President:
Election...............................................115, 146-148
Impeachment..................................................53, 55
President of Senate..........................................31, 65
Qualifications............................................... 116
Resignation.................................................. 111
Succession..................................................109-116
Term........................................................11, 104
Vice President-Elect......................................... 114
Visitors to Congress.............................................78, 90
Voting in Elections....................................3, 147, 150, 151
War Powers* (See also Armed Forces; President).......53, 56, 57, 96, 98