Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
At the same time, these elements of strength have to some extent been
sources of weakness. The attractions of the Senate have stimulated the
ambitions of rich men who have few other qualifications than the
possession of great wealth, and so it came to pass that a considerable
proportion of the members of the upper house were representatives of
great corporations and of other forms of wealth. This was not
necessarily an evil, but it was often said that the senators were
irresponsive to public opinion. Moreover, the Senate has been criticized
for usurping to a considerable extent the powers of the executive
department in regard to appointments and the conduct of foreign affairs,
and has encroached upon the powers of the lower house in respect to the
initiation of revenue bills. Finally, the tradition of senatorial
courtesy, which makes it possible for a single senator to deadlock
indefinitely the proceedings of the Senate, has been criticized as being
quite out of harmony with reasonable notions of legislative procedure.
All these charges, however, have been vigorously denied by many
defenders of the Senate. Some of them are well founded, but all in all,
the Senate compares favorably with the best upper chambers of other
countries.
=Decisions as to Congressional Elections and Membership.=--Each house of
Congress is the judge of the election, qualifications, and returns of
its own members, that is, it is empowered to determine whether a member
who claims to have been elected has been legally chosen and whether he
really possesses the qualifications prescribed by the Constitution for
membership in the house. It seems to be admitted that either house may
also refuse to admit a member for other reasons than those prescribed by
the Constitution, as, for example, for having been convicted of a crime
or because he is insane or suffering with a dangerous contagious
disease. Thus in 1900 the house of representatives refused to allow a
member from Utah to take his seat because he was living in violation of
the anti-polygamy laws, and in 1919 it excluded a Socialist member from
Wisconsin for disloyalty during the war.
_Contested Elections._--Frequently there is a contested election from a
state or district, that is, two men claim to have been elected to the
same seat, in which case the house must decide which one is entitled to
the seat. In such a case the claims of the contestant and the contestee
are heard by the committee on privileges and elections, which makes a
report to the house with a recommendation as to which shall be given the
seat. Unfortunately, contested election cases are not always settled on
their merits, the seat being usually given to the claimant who belongs
to the party which has a majority in the house. In England this source
of party favoritism is removed by vesting the settlement of cases of
contested elections in the courts, which are more apt to decide such
contests on their merits.
Public-domain text, read in full here on John Shaqi.
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