James Madison Quotes

President Abraham Lincoln had pocket vetoed his own party's reconstruction bill in the midst of an election year.

Two years later with bipartisan support Speaker Joseph Cannon was stripped of his party and the Rules Committee was created.

This clause was a throwback to the days before the separation of powers where the legislature could imprison anyone they thought contemptuous or interfering with their deliberation. Contrast this with the earlier constitution of Massachusetts which forbade the legislature from acting as a judge or prosecutor. See {616750} and {616749}. Also this was a clear invasion of freedom of the press and freedom of speech provided by the Bill of Rights. However, at the time, it was not clear that the Federal Constitution was binding on State Governments on State Matters. Modern law is still ambiguous on this general point, but not on freedom of speech and the press which is currently definitely binding on the states.

There was sufficient concern about possible corruption or the tyranny of the majority that this provision was written into the first Ohio Constitution of 1802.

This constitution was written 7 years before the national constitutional convention. It shows that there was concern about the separation of powers in United States even before the Constitution was drafted. See {616750} for an even clearer statement of the separation of powers principle.

This constitution was written 7 years before the national constitutional convention. It shows that there was concern about the separation of powers in United States even before the Constitution was drafted. See {616749} for an even clearer statement of the separation of powers principle. The national legislatures in Europe had commonly declared people traitors and in many cases incarcerated or executed them. This clause, effectively presaged the national constitution of 1787 where the Congress was prohibited from trying people for treason or anything else except impearchment.

Huntington and many others regularly bribed state legislators as well as members of Congress.

There are many methods of voting in a legislative body. “Viva Voce” is Latin for “by Voice” and is often called a “Voice Vote”. Voting by ballot takes longer but had the advantage or disadvantage of secrecy. The theory was that if the New York Legislators could vote in a secret ballot, the lobbies and special interests would not be as influential since they would never know for sure—unless there were a unanimous vote—how any particular legislator voted. A further advantage is that Party Discipline could not be imposed and parties or “factions” as they were then called would be less powerful—a great concern of all the patriots who tended to distrust parties. The disadvantage was that the people who elected the legislator would never know how he voted. Note the frank admission that this was an “experiment”. Americans of the era realized that almost everything they were doing was a political experiment and this introduced a pragmatic force into structure and procedures of American politics.

In most legislatures, the leader of the majority party can usually prevent any proposed legislation from coming to a vote. Many will use that individual power to block any legislation that they do not support. Others like Skelos believes that democracy requires that the entire legislature have the opportunity to vote on an issue and that a single individual or even a majority of the majority should not be able to block a vote as this would disenfranchise the legislators. In this case, the bill was to legalize Gay Marriage—a very controversial proposal. When the vote was taken, 4 Republicans and all but one Democrat voted in favor. The other Republicans and the one Democrat voted against. The bill passed and New York became the first large state to legalize Gay Marriage. Skelos, who opposed the bill, was castigated by conservatives of his own party for not using his power to prevent the vote from ever happening, and putting principle above party.

Congress keeps passing rules to prevent overspending and unbalanced budgets. Then they cleverly find loopholes in their own rules or in cases like the Iraq War and Prescription Drug coverage, whoever controls the Congress decides to n spend the money but not count it as an expenditure so they will not spend more than the rules allow. Except that they do.

This is the justification of virtually all legislatures that exempt their members from general requirements of law or grant them special privileges. Occasionally, the justification is warranted; most often, not.