In the second place, it has, on another occasion, been shown that the federal legislature will not only be restained by its dependence on its people, as other legislative bodies are, but that it will be, moreofer, watched and controlled by the several collateral legislatures, which other legislative bodies are not. And in the third place, no comparison can be made etween the means that will be possessed by the more permanent branches of the federal government for seducing, if they should be disposed to seduce, the House of Representatives from their duty to the people, and the means of influence over the popular branch possessed by the other branches of the government above cited. With less power, therefore, to abuse, the federal representatives can be less tempted on one side, and will be doubly watched on the other."
It could have been three years or twelve, but with the power granted being so close to the level of the people themselves, it was admitted that the moe often the election the faster the changes in national thought would be represented in the chamber from which all legislation is to be fostered. This is the reason why we should not need term limits. We the people are the mechanism for term limits if only we prescribe to the original intent of the Constitution.
It should be noted that those elected must have, "the Qualifications requisite for Electors of the most numerous Branch of the State Legislature". This ensures that those capable of sitting in office in the House are of the same merit as those representing the people in the day to day decision making in the State Houses. However, as we will see, this alone was not the sole requirement to serve.
"No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen."
Twenty Five years of age may today seem young to represent the people, but they are of every right and responsibility as the 75 year old under the definition of adult and citizen of this country. More so many argue to this day that no "chosen" citizen should be permitted to serve, as was once debated at the convention. But those who chose to be citizens instead of being born to that status by luck or the grace of God, are granted every equality to those born into citizenship (save for serving as the Chief Executive) as should be. Often as we have found in these later centuries, their memories of tyranny are not so far removed as ours as they often times have escaped it within their own lifetime and are quicker to recognize it than we of birthright.
"Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons (Modified by Amendment XIV). The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chose three, Massachusetts eight, Rhode Island and Povidence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Caroline five and Georia three."
Here we have the duty of the Census. That every ten years shall a count be taken to ensure representation is adequate and that those lines of demarcation are appropriate in representation. Until fixing the nuber of Representatives in 1911, seats were added each Census that showed increases in population and in accordance with the fair representation of each district to as nea an equal opoulation as could be done. Had this not been fixed at 435 members we would today, based on a population of some 300 million, have a House of some 10,000 members. Might that have been better or worse...that will be left for us to decide. In following the Constitution that each state have at least one Representative the 435 number was increased to allow for Alaska and Hawaii to be represented until the districts were reapportioned following the 1960 Census.
At this time the 3/5 clause must be mentioned, despite it no longer have authority in the Constitution with the passage of the 14th Amendment. It must be noted that America was not perfect from the start, and the prejudices of the day were incorporated at it's start. But it can not go without mention that the 14th Amendment shows that the founding fathers were aware that those things that were inconsistent with "Liberty for All" would be addressed by later Americans bringing closer to that dream of perfection the document in question. The 14th Amendment makes consistent those goals as enumerated in the Preamble.
"When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such vacancies."
Again we see that the sovereign right of the State is recognized in the Constitution with the sole power to fill vacancies "SHALL" be the responsibility of the State to fill. This is no small matter and should not be overlooked. The Federal Government can not pick and chose the representation of the people or the states. This also brings into sharp focus the idea of from whom the power is granted and to whom the Federal Goverment is beholden.
"The House of Representatives shall chuse (original spelling) their Speaker and other Officers; and shall have the sole Power of Impeachment."
This refers simply but eloquently to power to self regulate the administration of the chamber itself. It is brought into more sharper focus in Section 4. The House will set the rules by which it engages in action with no undue influence from either the Senate, the States, the Executive or Judiciary Branches, nor from the people themselves. As this power to assemble has been ganted by the people and the States it was best agreed that those in the chamber be allowed to organize their pocedures with the limits of the Constitution itself. Impeachment is to begin here in the House as the House will act as the prosecutors in any impeachment trial. The trial itself is to be held in the Senate and will be covered in Section 3.
Section 3:
"The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof (Modified by Amendment XVII), for six years and each Senator shall have one vote."
Prior to the 17th Amendment the States Legislatures chose those who would represent the States in the Federal system. A few may believe it was a poor decision to change this law although having been done by Amendment it certainly contains within it no illegality...the people now directly attend to the election of the State Representative, the States are no longer represented as sovereigns but are represented by proxy. There is a general disagreement on this...it is thought by one side that the direct election of the State Representative makes them more beholden to the people of those states and that they are more likely to therefore respond to the needs of the people. It is that very argument which fuels oppositions to it as the Senate's purpose was to provide adequate representation of the States as equal to that of the people.
"Immediately after they shall be assembled in consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the expiration of the 2nd year, of the 2nd Class at the expiration of the 4th year and of the 3rd Class at the expiration of the 6th year, so that one third may be chosen every 2nd year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any State, the Executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies (Modified by Amendment XVII)".
This Section provides for a staggered end date of all terms. In England, at the time or Constitution was penned, Parliament was dissolved at the end of each 5 year term and forced to start over with new elections and or appointments. In order to stop resist a restart of sorts at the end of each term a staggered approach was introduced to ensure continuity to the peoples business.
Passed under pressure from the people themselves, the 17th Amendment was passed after 31 of the 32 states required had requested a Constitutional Convention. Had its passage not quelled those requests, all portions of the Constitution would have been open for revision which would have transformed the document in perhaps moe harmful a manner than conceding to the people themselves. But in the end it still stripped from the States real representation (in some opinions) due to the unequaled pressure of the citizen vs. the obligation to defend the State in the Federal system, even from the people. Remember...Personal and State Sovereignty was to be equally represented.
"No person shall be a Senator who shall not have attained to the age of 30 years, and been 9 years a citizen of the the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen."
Similar to the House requirements it was thought that since the term of service was extended beyond that of the House members, and since these Senators were being chosen by legislators as opposed to the common man, their ability to serve would be greater than those in the House as their election was by like mannered public servants (The 17th Amendment did not also revise their terms in accordance with the changes under which they are now elected). In other words, it was thought that most Senators would be chosen from the very members of the legislatures choosing them and would be better qualified for a longer term. The age of 35 was for the most part simply to ensure greater experience for the longer term of service.
"The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divide."
Some claim this has given undue influence to the Executive to meddle in the prectices of the Senate but in reality it was to deaden deadlocks so that the peoples business could not be stalemated by disapreement of a split chamber.
"The Senate shall chose their other Officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the Office of President of the United States."
Again, as above, the States having vested their representation (which has been established, they no longer have as they once did) the chamber would be best suited to devise and maintain their own operational guidelines within the constraints of the constitution. Interestingly a few Vice Presidents have spent much time serving as President and overseeing the activities unless otherwise engaged. Truman, as VP, once complained he did not want to just "go to weddings and funerals."
"The Senate shall have the sole power to try all Impeachments. When sitting for that purpose, they shll be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no person shall be convicted without the concurrence of two thirds of the members present."
Bringing in the Chief Justice of the Supreme Court was really a novel idea here. It provided that both the opposing branches would be present and offer authority to the proceedings should the Executive need to be removed from office. The House must begin this process with a majority vote to bring impeachment charges and play the part of prosecutor in the Senate. The Senate must conclude by a 2/3 vote that the President is guilty (although not legally) for his removal. The Vice President as President of the Senate runs the impeachment of all other elected parties subject to impeachment ecept the President as his impartiality can not be assured having served with and being in line for the Presidency himself depending on the results.
"Judgment in cases of impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the Unitied States; but the party convicted shall nevertheless be liable and subject in Indictment, Trial, Judgement and Punishment, according to law."
This is simply a statement that impeachment is not a conclusion of guilt or innocence of a crime as the Senate can not pass judgment as a legal court. It can only provide that those impeached are to be removed and that this removal is noat a legal mechanism providing for guilt or innocence in the eyes of the law. And as such, it does not cause safe the individual from actual legal ramifications as they are not above the alw. Presiden Clinton leaned this when it was determined he lied about his affair with Monic Lewinski under oath and as a result the State Bar of Arkansas stripped him of his license to practice law as it is against the law to lie under oath.
A Continued Study on the US Constitution