SECTION IV.—­ELECTIONS AND MEETINGS.

Clause 1.—­Elections to Congress.

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,[1] except as to the place of choosing senators.[2]

[1] Until 1842 these matters were left entirely with the several states.  Congress then provided that representatives should be elected by districts of contiguous territory, equal to the number of representatives.  It has since provided that elections for representatives shall be by ballot, and that the election shall be on the first Tuesday after the first Monday of November in the even numbered years.

The time and mode of electing senators are given on page 333.

[2] This would in effect be giving congress power to locate the capital of a state.

Clause 2.—­Meetings.

The congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

They have not by law appointed a different day.

“Annual meetings of the legislature have long been deemed, both in England and America, a great security to liberty and justice.”  By making provision in the constitution for annual meetings, the duty could not be evaded.

Extra sessions of congress may be called at any time by the president or be provided by law.  There used to be three sessions, one beginning March 4.

The place of meeting is not named, because the capital had not been located, and in some cases it might be desirable to hold the session elsewhere.

SECTION V. SEPARATE POWERS AND DUTIES.

Clause 1.  Membership:  Quorum.

Each house shall be the judge of the elections, returns and qualifications of its own members,[1] and a majority of each shall constitute a quorum to do business;[2] but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide.[3]

[1] This means simply that each house has the power to determine who are entitled to membership in it.  This has long been recognized in free countries as a right belonging to a legislative body, necessary to the maintenance of its independence and purity—­even its existence.  But when the parties are nearly balanced, the majority is tempted to seat its fellow-partizan.

[1] This is the number usually established as a quorum for a deliberative body.  Certainly no smaller number should have a right to transact business, for that would give too much power to an active minority.  And to require more than a majority, would make it possible for a minority to prevent legislation.