Section. 4.
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, except as to the Places of chusing Senators.
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.
Section. 5.
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; 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.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
I’m not your lawyer. This is not legal advice.
Section 4 puts the power to elect Senators and Representatives in the hands of the States, with limited exceptions. That’s a big deal, because it again indicates that power flows up, not down, in this crazy merry-go-round of governance.
Also, Congress—that’s both houses—has to meet at least once a year. Remember this was written before interstates, big highways, pavement, or even sanitation, at a time when travel across the country involved one or more horses and/or diseases. They’re referred to “legs” of a journey because people were likely to lose one to gangrene or dropsy or chillblains at each stop. Getting a lot of people into a room was a risky ordeal, but it needed to be done, not later than twenty-five days before the end of the year, you guys.
Section 5 then puts the results of elections back in the hands of Congress. Once the State takes the vote, the Congress deals with the results. They can do business with a simple majority of members, or with even fewer if they just need to make people come in.Each house of Congress is required to make its own rules of decorum and may exclude members with a two-thirds-majority vote. They also have to write down what they do and how people vote, and keep the journal somewhere, within certain limitations. And finally, neither house can take more than a long weekend off without the consent of the other house. This should prevent one house from just going home so that the other can’t pass any legislation, is the idea. More importantly, the power to decide when to adjourn rests with Congress, and Congress only. The President can’t dissolve the senate, blow up Alderan, and declare himself emperor. For example.
Next week: Compensation and Dual Offices of Emolument!