Article I, Section 5

Clause 1 The Senate and House each possess the sole right to double check the elections, qualifications, and returns of their members according to this clause. However, in 1969, the Supreme Court established that the two houses cannot reject any member-elect who satisfies the qualifications established in Article I, Section 2, Clause 2, thus eliminating unwarranted discrimination. In each house, a majority (or more than half) constitutes a quorum, which is the minimum attendance requirement for conducting business. Today, much of the business in Congress is conducted without the presence of a quorum. Members often do not mind, however if one wishes to stop business they may call for a quorum. If this roll call shows that there is indeed less than a majority present, the day's business will be terminated.

Clause 2 Each house has the power to set its own rules to guide proceedings. Over the years, these rules have been established by both the House and Senate and today, each is governed by a set of self imposed guidelines. Both the House and Senate have the power to punish their own members for inappropriate conduct. If the desired punishment is expulsion from the house, a two-thirds vote is required.

Clause 3 The Senate and House must keep and publish a record of their proceedings. Any item that they feel warrants secrecy, may be kept from this published record. On the request of a one-fifth vote, the record will include the vote of each member on any and all items. The Congressional Record is published for each day that either house is in session, and serves as a written record of all that is said and done at a session.

Clause 4 Once Congress has opened for the year, neither house may break for more than three days without gaining the approval of the other house. Both houses are required to meet in the same location.

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© Copyright 1997 Jonathan Chin & Alan Stern