Section 4 of the Constitution gives the state legislature the right to determine the “times, places, and manner” of holding elections for Senators and Representatives. That means the state determines things such as the preliminary election processes. They regulate when primaries or caucuses are held. They also determine deadlines for voter registration, the means of preventing fraud, tallying of votes, publishing of those tallies, and the various districts in their states. Despite these freedoms held by the state, the Constitution gives Congress the right to make or change state regulations if Congress decides to implement uniform national rules.
The second clause of this section originally mandated that Congress meet at least once a year beginning on the first Monday of December. The second section of the 20th Amendment changes that date to noon on January 3. This date will remain in effect unless Congress passes a law to set a different date.
The fifth section gives each House the power to judge the “elections, returns, and qualifications of its members”. This basically means that if a member is elected who didn’t meet the requirements laid out in the Constitution or there is some question regarding the process that elected them, each House can take action. It also means each house can investigate anything regarding the legality of a state’s election process.
This section also states that a majority of the members in attendance is enough to go forth with any business. If there is only a minority, they may adjourn from day to day, and they can compel members to attend by whatever penalties and procedures each house has established. This was one of the problems they had under the Articles of Confederation. Attendance was not compulsory, and, as a result, few members bothered to attend.
In addition, each house sets the rules of its proceedings, can punish disorderly members, and expel members if 2/3 of those present agree the members should be removed from the proceedings. Each house is required to keep a journal of proceedings and to periodically publish those journals except for parts they determine are better served by secrecy. The votes for or against any congressional matter are only entered in the journal if 1/5 of those present request it.
Section 5 goes on to state that neither house is allowed to adjourn for more than three days without the others consent. They are also not allowed to assemble in any other location than their designated meeting place.
With all the material I have written thus far, it is hard to believe that we are only just beginning. There is still more information contained in Article I. In the coming sections we learn about the powers given to and withheld from Congress, the compensation of its members, and more. You should see just up to this point the amount of thought that went into this constitution of ours.
Next: Congressional Privileges and Prohibitions
