Simone Lawson
Article I of the U.S. Constitution outlines the rules and proceedings of Congress. It states that each House shall keep a Journal of its proceedings, which is to be published, except for matters that require secrecy. The Constitution's Rulemaking Clause authorises the House of Representatives and the Senate to establish rules by which each will conduct its business.
| Characteristics | Values |
|---|---|
| How often Congress assembles | At least once a year, on the first Monday in December |
| Who judges the elections, returns and qualifications of members | Each House |
| What constitutes a Quorum to do Business | Majority of each House |
| Who determines the rules of proceedings | Each House |
| Who punishes members for disorderly behaviour | Each House |
| Who can expel a member | Each House, with the concurrence of two thirds |
| Who keeps a journal of proceedings | Each House |
| Who decides what to keep secret | Each House |
| When to enter the yeas and nays of members on the journal | At the desire of one fifth of those present |
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What You'll Learn
Each House determines the rules of its proceedings
The United States Constitution, in Article I, Section 5, Clause 2, grants each chamber of Congress, the Senate, and the House of Representatives, the power to establish its own rules and procedures. This clause, often referred to as the "Rules of Proceedings Clause," states that "Each House may determine the Rules of its Proceedings." This means that each chamber has the authority to create and enforce its own rules for how it conducts its business, including legislative debates, committee hearings, and floor votes.
The ability of each House to set its own rules is fundamental to the functioning of Congress and is designed to provide flexibility and autonomy. This power allows each chamber to adapt its procedures to the unique needs and circumstances of its members and the legislative process. Over time, each House has developed its own set of rules, traditions, and customs that govern how it operates.
The rules of each House cover a wide range of procedural matters, including but not limited to: the organization of committees and their jurisdiction, the order of business for legislative debates, the process for introducing and amending legislation, the rules of decorum and discipline for members, and the methods for recording and publishing the proceedings. While the specific rules vary between the two chambers, they are generally consistent with long-standing parliamentary procedures and practices.
It is important to note that while each House has significant discretion in establishing its rules, those rules must not conflict with any provisions of the Constitution. Additionally, the rules of each House are subject to change and revision as needed. Rules may be amended or repealed, and new rules may be adopted, typically through a vote of the respective chamber.
The power of each House to determine its rules has been reaffirmed by the Supreme Court, which has generally respected the autonomy of Congress in this regard. However, the Court has also asserted that it has the authority to intervene if the rules of either House were to conflict with constitutional provisions or infringe on the rights and powers of the other branches of government.
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Each House keeps a Journal of its proceedings
Article I of the U.S. Constitution outlines the rules and proceedings of Congress, including the stipulation that "Each House shall keep a Journal of its Proceedings". This means that both the House of Representatives and the Senate are required to maintain a detailed record of their legislative activities and decisions.
The maintenance of a Journal serves several important purposes. Firstly, it ensures transparency and accountability in the legislative process. By recording the proceedings, the public, media, and future historians can scrutinize the actions of their elected officials. This also helps to deter any potential misconduct or abuse of power by members of Congress, as their actions are subject to public review.
Secondly, the Journal provides an official record of the legislative process, allowing for continuity and consistency in governance. It enables members of Congress to refer back to previous debates, votes, and decisions, thus helping them to make informed choices in the present. This historical record is crucial for understanding the context and intent behind existing laws and can influence future legislative proposals.
Additionally, the Journal facilitates the involvement and engagement of citizens in the democratic process. By making the proceedings accessible to the public, individuals can stay informed about the work of their representatives and the issues being discussed. This encourages participation and allows citizens to hold their elected officials accountable for their actions.
The Journals of both Houses are published periodically, ensuring that the information is made available to the public. However, certain sensitive matters may be excluded from the published Journals if both Houses deem them to require secrecy. This provision allows for flexibility and the protection of national security or other confidential matters.
In conclusion, the requirement for each House of Congress to keep a Journal of its proceedings is a fundamental aspect of the U.S. Constitution. It promotes transparency, accountability, and citizen engagement, while also providing an important historical record of the legislative process. The Journals of Congress are, therefore, an essential tool in upholding the principles of democracy and good governance.
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Each House publishes its Journal
Article I of the U.S. Constitution outlines the legislative branch of the federal government, detailing the powers and procedures of Congress. This includes the clause "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".
This clause, often referred to as the "Journal Clause", mandates that both the House of Representatives and the Senate maintain a record of their proceedings. The Journals are official records of congressional proceedings, containing a summary of the legislative activities and actions taken by each chamber. They are distinct from the Congressional Record, which is a transcript of the daily floor debates and includes additional information such as committee reports and other materials.
The Journals are typically updated daily and published periodically, ensuring transparency and accountability in the legislative process. They include information such as the introduction of bills, votes on legislation, and other official actions taken by the respective House. However, it is important to note that each House has the discretion to withhold certain information from its Journal if it is deemed sensitive or confidential. This is to protect sensitive information and maintain the security of the legislative process when necessary.
The Journal Clause serves as an important check on the power of Congress, providing a historical record of their actions and decisions. It also enables the public, scholars, and other interested parties to review and analyse the work of Congress, promoting transparency and allowing for informed debate and discussion. The clause also reinforces the independence and autonomy of each House, as they have the authority to determine the rules and procedures for maintaining their Journals.
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Each House can punish its members for disorderly behaviour
The United States Constitution grants each House of Congress the authority to discipline or "punish its Members for disorderly Behaviour". This power is outlined in Article I, Section 5, Clause 2 of the Constitution, which states: "Each House may...punish its Members for disorderly Behaviour, and, with the Concurrence of two-thirds, expel a Member."
The disciplinary power of each House is not limited to expulsion but also includes other forms of punishment such as censure, reprimand, admonition, fine or monetary restitution, loss of seniority, and suspension or loss of certain privileges. The House of Representatives and the Senate each have their own committees to investigate and address misconduct by their members. These committees are evenly split between Republicans and Democrats to protect the process from partisan influence. If a Member is found guilty of unethical behaviour, the respective House and Senate, along with their party organizations, can choose from a range of disciplinary options.
Censure, a formal vote of disapproval by a majority of Members, is considered a less severe punishment than expulsion. During a censure, the offending Member stands at the "well" of the House chamber while the Speaker reads the resolution and may make additional statements condemning the Member's actions. While censure is now rare, it was once more common, even for behaviours that would be considered mild by today's standards, such as using "unparliamentary language".
Although it has never been used, the Supreme Court has recognized Congress's right to imprison its Members for disorderly behaviour. In the case of Kilbourn v. Thompson, Justice Samuel Miller wrote, "As we have already said, the Constitution expressly empowers each House to punish its own members for disorderly behavior. We see no reason to doubt that this punishment may, in a proper case, be imprisonment."
The disciplinary powers of each House are intended not only to punish individual Members but also to protect the institutional integrity and reputation of the House of Representatives and the Senate.
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Each House can expel a member with two-thirds concurrence
Article I of the U.S. Constitution outlines the rules and proceedings of Congress. It states that each House of Congress—the House of Representatives and the Senate—may determine the rules of its proceedings, including the ability to punish members for disorderly behaviour.
A key aspect of this rule-making authority is the power to expel a member with the concurrence of two-thirds. This means that if two-thirds of the members of a House agree, they can expel one of their members. This power is granted to each House to maintain order and ensure the smooth functioning of congressional proceedings.
The authority to expel a member is a serious matter and is not taken lightly. It is a mechanism to hold members accountable for their actions and maintain the integrity of the legislative body. The process of expulsion typically involves investigations, hearings, and votes, ensuring that the member in question is afforded due process and the opportunity to defend themselves.
The Constitution's Rulemaking Clause gives the House of Representatives and the Senate the authority to establish rules by which they conduct their business. This includes determining the methods of proceeding, such as the ability to compel the attendance of absent members and the establishment of a quorum to conduct business.
The Supreme Court has affirmed the broad authority of the Senate under the Rulemaking Clause, stating that "all matters of method are open to the determination" of the Senate, provided that the rules do not "ignore constitutional restraints or violate fundamental rights." This flexibility allows each House to adapt its rules to the changing needs and circumstances of the legislative body.
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Frequently asked questions
Article I of the U.S. Constitution outlines how Congress records its proceedings.
Article I states that "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".
Article I also states 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".
The Rulemaking Clause, also in Article I, authorises the House of Representatives and the Senate to establish rules by which each will conduct its business.
The Constitution states that "all matters of method are open to the determination" of the Senate, as long as there is "a reasonable relation between the mode or method of proceeding established by the rule and the result which is sought to be attained".
