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Section 2.-HOUSE OF REPRESENTATIVES.

Clause 1.-COMPOSITION OF.

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.'

Right to Vote

The right to vote for Members of Congress is not derived from the Constitution and laws of the State in which they are chosen, but has its foundation in the Federal Constitution.

Ex parte Yarbrough, 110 U. S. 651.
Wiley v. Sinkler, 179 U. S. 62.
Swafford v. Templeton, 185 U. S. 487.
In re Green, 134 U. S. 377.
Minor v. Happersett, 21 Wall. 171.

Qualifications of Voters

The State can not prescribe the qualifications of voters for Members of Congress; the Constitution merely adopts the qualifications furnished by the States as the qualifications of its own electors for the popular branch of their legislatures.

Ex parte Yarbrough, 110 U. S. 651.

The provision as to qualifications of electors does not make the statutes and constitutional provisions of the various States parts of the Constitution and laws of the United States.

Shoshone Min. Co. v. Rutter, 177 U. S. 505.
U. S. v. Mosley, 238 U. S. 383.

Clause 2.-QUALIFICATIONS OF MEMBERS.

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.

The term “ State " is used in this clause in its geographical sense and not in the sense of a political community.

Texas v. White, 7 Wall. 721.
Boyd v. Nebraska, 143 U. S. 135.
U. S. v. Wong Kim Ark, 169 U. S. 649.

• See Art. VI, CI, 3, p. 556, for oath of office

Sec. 2.-House of Representatives.

Clause 3.-APPORTIONMENT.

[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.]? 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. Apportioned Among the States

Representatives

Power to apportion Representatives after this enumeration is made is nowhere found among the express powers given to Congress, but it has always been acted upon as irresistibly flowing from the duty positively enjoined by the Constitution.

Prigg v. Pennsylvania, 16 Pet. 619.
Direct Taxes

In Knowlton v. Moore (178 U. S. 89) the court said that the requirement that direct taxes should be apportioned among the several States "contemplated the protection of the States, to prevent their being called upon to contribute more than was deemed their due share of the burden."

The first case to come before the Supreme Court involving an interpretation of the term “ direct tax” was Hylton v. U. S. (3 Dall. 171). In that case the act of Congress imposing a tax upon carriages kept only for pleasure and not for profit was held

. The part of this clause inclosed in brackets was amended, as to the mode of apportionment of Representatives among the several States, by the fourteenth amendment, section 2, p. 741, and as to taxes on incomes without apportionment, by the sixteenth Amendment, p. 745.

* See also Article I, section 9, clause 4, p. 263

Sec, 2.-House of Representatives

Cl. 3.-Apportionment

unconstitutional because it was a direct tax not apportioned
among the several States.

See also
Pacific Ins. Co. v. Soule, 7 Wall. 444.
Scholey v. Rew, 23 Wall. 347.
Springer v. U. S., 102 U. S. 595.
De Treville v. Smalls, 98 U. S. 527.
High v. Coyne, 178 U. S. 11.
Murdock v. Ward, 178 U, S. 143.
Stratton's Independence v. Howbert, 231 U. S. 399.
Loughborough v. Blake, 5 Wheat. 317.
Veazie Bank v. Fenno, 8 Wall. 533.
Dodge v. Woolsey, 18 How. 351.
Pollock v. Farmers Loan, etc., Co., 157 U. S. 429; 158 U. S. 601.
Nicol v. Ames, 173 U. S. 509.
Patton v. Brady, 184 U. S. 608.
Thomas v. U. S., 192 U. S. 363.
Spreckels v. McClain, 192 U. S. 397.
Corporation Tax Cases, 220 U. S. 107.
Eisner v. Macomber, 252 U. S. 189.

New York Trust Co. v. Eisner, 256 U. S. 345.
Census-Enumeration

Under the authority merely to make an enumeration by persons in the States and Territories, Congress may compile statistics regarding the people.

Legal Tender Cases, 12 Wall. 536. Of General Application

In connection with this clause and as applying generally, see also-

U. S. v. Kagama, 118 U. S. 375.
Elk v. Wilkins, 112 U. S. 94.
McPherson v. Blacker, 146 U. S. 1.
Downes v. Bidwell, 182 U. S. 244.
Rainey v. U. S., 232 U. S. 310.
Scott v. Sandford, 19 How. 393.
Gibbons v. District of Columbia, 116 U. S. 404.

Clause 4.–VACANCIES.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

Clause 5.-IMPEACHMENT.

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

The House of Representatives has the sole right to impeach officers of the Government, and the Senate to try them,

Kilbourn v. Thompson, 103 U. S. 190.

Section 3.-SENATE.

Clause 1.-COMPOSITION OF.

[The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one vote.]

Clause 2.- CLASSIFICATION. 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; Cand 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]."

Clause 3.-QUALIFICATIONS.

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.

Clause 4.-PRESIDING OFFICER.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

Clause 5.-OTHER OFFICERS.

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.

Clause 6.-IMPEACHMENT TRIALS.

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.

* The parts included in brackets were superseded by Amendment 17, p. 746. • See Art. VI, CI, 3, p. 556, for oath of oflice.

Sec. 3.-Senate.

Clause 7.-IMPEACHMENT JUDGMENTS.

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.

Liability of Government for Tort

The maxim of the English constitutional law that the King can do no wrong does not apply to our system of government.

Langford v. U. S., 101 U. S. 342.

Power to Subpæna Witnesses

Either House may subpæna witnesses in impeachment cases.

Kilbourn v. Thompson, 103 U. S. 190.
Legal Tender cases, 12 Wall. 535.

Section 4.-ELECTIONS AND MEETINGS.

Clause 1.-ELECTIONS.

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.

Shall Be Prescribed in Each State by the Legislature

Nothing in the act of Congress of August 8, 1911 (37 Stat. 13), apportioning representation among the States, prevents the people of a State from reserving a right of approval or disapproval by referendum of a State act redistricting the State for the purpose of congressional elections.

Davis v. Ohio, 241 U. S. 565.

Power of Congress over Elections

The Federal corrupt practices act, which undertakes to limit
the amount of money which any candidate for Congress may
give, expend, use, etc., in procuring his nomination or election,
held unconstitutional as applied to a primary election of candi.
dates for a seat in the Senate.
Newberry v. U. S., 256 U. S. 232.

See also
U. S. v. Gradwell, 243 U. S. 476.
Ex parte Siebold, 100 U. S. 371.
U. S. v. Gale, 109 U. S. 65.
Ex parte Yarbrough, 110 U. S. 661.
U. S. v. Waddell, 112 U. S. 76.
U. S. v. Mosley, 238 U. S. 383.
In re Coy, 127 U. S. 752.

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