Representative Republic Ideals-Secondary Features- Federal Legislative House Proceedings: The Series

Representative Republic Ideals-Secondary Features- Federal Legislative House Proceedings Part One

In Article One Section, Section Five, of the U.S. Constitution, it gives each house a great amount of discretionary authority. When the US Constitution was adapted as the law of the land, neither the U.S. Senate nor the U.S. House Of Representatives were the same in nature as they are now. The American Civil War changed all that.

At the time of the founding of this nation, the state governments were sovereign. They allowed its citizens, in each congressional district, to vote for the members of the U.S. House of Representatives. They chose, via legislative vote, the members of the U.S. Senate. The federal government was merely a subordinate extension of the state governments back then.

Since the governance has completely changed and the federal government has been the sovereign governmental authority for 158 years, this passage must be rewritten to reflect that.

Representative Republic Ideals: Secondary Features- Federal Legislative House Proceedings Part Two As 2023 will be known as the year the House of Representatives played "musical chairs" for its Speaker position. The problem with that is this federal legislative house has become a much more powerful institution that what the Founding Fathers envisioned. It is therefore imperative that much of the discretionary authority that the American Constitution gave each federal legislative house be limited. The basic functions of each federal legislative house needs to be codified in the U.S. Constitution instead.

Representative Republic Ideals: Secondary Features- Federal Legislative House Proceedings Part Three

Current reading of US Constitution Article 1, Section 5, Clause 1-"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."

Proposed reading of US Constitution Article 1, Section 5, Clause 1 to reflect the changed government structure in the efforts of making governance more representative- "The election and/or selection of all members of each house, once proven lawful, shall not be questioned. A Majority of each shall constitute a Quorum to do Business; but a smaller number may adjourn from day to day, and there will be no authorization provided to any member(s) in each house to compel the Attendance of absent Members. Only U.S Congress can pass laws pertaining to all aspects of the relief of duties of any member in each federal legislative house due to inactivity and absenteeism."

The reasons for the proposed changes are simple.

1. Once elected by either the voters or selected by the state legislatures, no member of either federal legislative house has to subject himself to approval from any other member(s) in order to perform in his/her capacity. A member of each house answers only to his/her own constituents. If possibly selected by the state legislature in the near or distant future, a member of that federal legislative house would answer to them only.

2. Relieving any member of each federal legislative house in the performance of duties that he/she is either elected or selected has to be outlined by federal law. Only U.S. Congressional legislation should determine the details concerning the discharge of a member of either of the federal houses due to absenteeism and inactivity. U.S. Congressional legislation is needed to increase the salaries of all members of each federal legislative house. The same principle in dealing with the discharge of a federal legislator due to non-attendance issues must apply. 3. That federal law should cite that if two-thirds of each house decide that if a member of its specific federal legislative house has not attended a certain percentage of hearings and sessions as required by federal law, that member must be removed as such from his/her specific house. 4. Neither state law, nor a Constitutional Amendment, nor rules of each federal legislative house should determine the expulsion of a member elected to serve in a specific federal legislative house. The following reasons are why. a. Members in each federal legislative house are federal "public servants" who serve in a federal legislative body. They are not employed by the state but rather by federal government. Therefore each state cannot decide this specific issue. b. A Constitutional Amendment can only deal with changing the form of government and cannot deal with all the specific activities of each house. A Constitutional Amendment can only delegate these specific responsibilities to the necessary figures of authority. That authority with these certain issues should be legislation from the U.S. Congress. c. Allowing a specific house to create its own rules is a conflict of interest. It causes violations of the Separation Of Powers clause and the principle of Checks and Balances. This in turn will make each house Imperial Democratic.

Representative Republic Ideals: Secondary Features- Federal Legislative House Proceedings Part Four

Current reading of US Constitution Article 1, Section 5, Clause 2-"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."

Proposed reading of US Constitution Article 1, Section 5, Clause 2 to reflect the changed government structure in the efforts of making governance more representative- "Congress shall pass all laws determining the Proceedings of each House and shall prohibit by such laws any obstructive conduct. No member shall be expelled unless by due process of formal impeachment and conviction."

The reasons for the proposed changes are simple.

1. As each federal legislative house has significantly more authority than its counterparts pre-Civil War era, each house cannot be trusted to entirely regulate itself. That would make each house too Imperial Democratic and thus breed tyranny. Each house instead must have its proceedings regulated by legislation enacted in both legislative houses. Their proceedings must be governed by law and not by its own autonomous rules.

2. Any member who prevents a house from functioning normally, according to the law, by impeding its properly-defined functions will be barred from attending any house sessions until his/her obstruction ceases. If obstructive behaviour by a member continues, formal impeachment process will be required to try this accused member.

3. Only if a member of each house is impeached and convicted can that member be expelled. A member of each house is either elected or selected by either the electorate or state legislature(s). The will of either the electorate or state legislature(s) must be honored unless that member of the house violates the law in either performing duties or outside that scope.

Representative Republic Ideals: Secondary Features- Federal Legislative House Proceedings Part Five

Current reading of US Constitution Article 1, Section 5, Clause 3-

"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."

Proposed reading of US Constitution Article 1, Section 5, Clause 3 to reflect the changed government structure in the efforts of making governance more representative- "Each House shall keep a journal of its proceedings, and shall always publish the same, excepting such parts which require secrecy due to protection of vital national security; and the yeas and nays of the members of either House on any question shall always be entered on the journal."

Explanation On The Need For This US Constitutional Change- The federal government, including its legislature, is sovereign and therefore apparently much more powerful than what the Founding Fathers envisioned. Therefore the need for transparency has been heightened and thus has to be more emphasized. All matters, except those dealing with vital national security interests, should be recorded for public view.

Representative Republic Ideals: Secondary Features- Federal Legislative House Proceedings (Part Six)

Current reading of US Constitution Article 1, Section 5, Clause 4-

"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."

Proposed reading of US Constitution Article 1, Section 5, Clause 4 to reflect the changed government structure in the efforts of making governance more representative- "Neither House, during the Session of Congress, shall adjourn, without declaration of a National Emergency, for more than three days nor shall either House convene in any other Place than that in which the two Houses shall be sitting."

Explanation On The Need For This US Constitutional Change- Allowing one federal legislative to give consent to another to adjourn more than three days or to meet in a location other than in the place the two houses are sitting is too discretionary. It gives each house too much Imperial Democratic authority. The two described situations should only take place if there is a national emergency. Therefore this authority is restricted.

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