The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
While section 2 expressly provides for an enumeration of persons,
Congress has repeatedly directed an enumeration not only of the free
persons in the States, but also of those in the territories, and has
required all persons over eighteen years of age to answer an
ever-lengthening list of inquiries concerning their personal and
economic affairs. This extended scope of the census has received the
implied approval of the Supreme Court;[136] it is one of the methods
whereby the national legislature exercises its inherent power to obtain
the information necessary for intelligent legislative action. Although
taking an enlarged view of its power in making the enumeration of
persons called for by this section, Congress has not always complied
with its positive mandate to reapportion representatives among the
States after the census is taken. It failed to make such a
reapportionment after the census of 1920, being unable to reach
agreement for allotting representation without further increasing the
size of the House. Ultimately, by the act of June 18, 1929,[137] it
provided that the membership of the House of Representatives should
henceforth be restricted to 435 members, to be distributed among the
States by the so-called "method of major fractions" which had been
earlier employed in the apportionment of 1911.
Clause 4. When vacancies happen in the Representation from any State,
the Executive Authority thereof shall issue Writs of Election to fill
such Vacancies.
Clause 5. The House of Representatives shall chuse their Speaker and
other Officers; and shall have the sole Power of Impeachment.
Section 3. Clause 1. [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. 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].[138]
Clause 3. 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. The Vice President of the United States shall be President of
the Senate, but shall have no Vote, unless they be equally divided.
Public-domain text, read in full here on John Shaqi.
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