SECTION I.—CONGRESS.
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.[2]
[1] The division of governmental functions among three branches has already been discussed on page 79.
The legislative branch comes first and occupies most space in the constitution because its framers regarded the legislative as the most important branch. And laws must be made before they can be interpreted or executed.
[2] The reason for the creation of two houses or chambers was that thus only could the conflicting claims of the large and small states be reconciled. It was, in fact, a compromise, the first of a series.
Only a few in the convention thought at first of having two houses, the plan being to continue as under the articles of confederation with one house. On the question of apportioning representatives, it was found that there was a decided difference of opinion. The small states wished to continue the principle of the articles of confederation, which gave the several states equal power. But the large states insisted that the power of a state should be in proportion to its population. The differences were finally settled by the creation of two houses, in one of which the states should have equal power, and in the other the representation should be based upon population.
Connecticut has the honor of furnishing this valuable compromise. In her legislature, representation in one house was based on population; in the other, the towns had equal representation.
Among the advantages of having two houses, aside from that mentioned on page 80, are these: It tends to prevent a few popular leaders from carrying through laws not designed for the common good; it secures a review of any proposed measure by men elected in different ways and looking at it from different standpoints. As our congress is organized, the members of the house of representatives, being elected by popular vote and for a short term, are likely to represent with considerable faithfulness the wishes of the people. But the people may be for a time wrong—as, for instance, in the persecution of the “witches”—and senators, who by their mode of election and length of term are made somewhat independent, can comparatively without fear do what seems right, even if temporarily unsupported by public opinion.
SECTION II.—HOUSE OF REPRESENTATIVES.[1]
Clause 1.—Composition and Term.
The house of representatives shall be composed of members chosen every second year[2] by the people[3] of the several states, and the electors[4] in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.[5]