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Brief Contents
About the Authors
Preface
Acknowledgments

PART I IDEAS AND RIGHTS

1 The Spirit of American Politics

2 The Ideas That Shape America

3 The Constitution

4 Federalism and Nationalism

5 Civil Liberties

6 The Struggle for Civil Rights

PART II POLITICAL BEHAVIOR

7 Public Opinion

8 Political Participation

9 Media, Technology, and Government

10 Campaigns and Elections

11 Political Parties

12 Interest Groups
PART III POLITICAL INSTITUTIONS

13 Congress

14 The Presidency

15 Bureaucracy

16 The Judicial Branch

PART IV POLICYMAKING

17 Public Policymaking and Budgeting

18 Foreign Policy

APPENDIX I
The Declaration of Independence
APPENDIX II
The Constitution of the United States of America
APPENDIX III
The Federalist Papers nos. 1, 10, and 51

Glossary
Notes
Credits
Index
Presidential Elections, Congressional Control, 1789–2019
Contents
About the Authors
Preface
Acknowledgments

PART I IDEAS AND RIGHTS

1 The Spirit of American Politics

Who Governs?
WHAT DO YOU THINK? WHO GOVERNS?

How Does American Politics Work?

Ideas
Institutions
Interests
Individuals
History

What Does Government Do?

Context: Government in Society
No Big Government!
What Government Does
A Chronic Problem
COMPARING NATIONS 1.1 U.S. Taxpayers Less Burdened Than Other
Advanced Countries
The Hidden Government
 The Best of Government

Who Are We?

COMPARING NATIONS 1.2 Aging Populations
INFO DATA Demographics in America: How Are Race and Ethnicity Changing
Over Time?
WHAT DO YOU THINK? GETTING ENGAGED IN POLITICS—
OR NOT

Conclusion: Your Turn

Chapter Summary
Key Terms
Study Questions

2 The Ideas That Shape America

A Nation of Ideas
BY THE NUMBERS American Ideas

Liberty
“The Land of the Free”
The Two Sides of Liberty
WHAT DO YOU THINK? NEGATIVE VERSUS POSITIVE
LIBERTY
The Idea of Freedom Is Always Changing

Self-Rule
One Side of Self-Rule: Democracy
Another Side of Self-Rule: A Republic
A Mixed System

Limited Government
 The Origins of Limited Government
And Yet . . . Americans Keep Demanding More Government
COMPARING NATIONS 2.1 Satisfaction With How Democracies Are
Working
Limits on Government Action
When Ideas Clash: Democracy and Limited Government
WHAT DO YOU THINK? DEMOCRACY VERSUS LIMITED
GOVERNMENT

Individualism
Community Versus Individualism
COMPARING NATIONS 2.2 Should Government Take Care of the Poor?
The Roots of American Individualism: Opportunity and Discord
Golden Opportunity
Social Conflict
Who We Are: Individualism and Solidarity?
WHAT DO YOU THINK? INDIVIDUALISM VERSUS
SOLIDARITY

The American Dream

Spreading the Dream
Challenging the Dream
Is the System Tilted Toward the Wealthy?
Does the American Dream Promote the Wrong Values?
COMPARING NATIONS 2.3 Social Mobility Around the World

Equality
Three Types of Equality
INFO DATA Most Americans Believe: There Is “Opportunity to Get Ahead”
How Much Economic Inequality Is Too Much?
Opportunity or Outcome?

Religion
Still a Religious Country
So Many Religions
 Politics of Religion

How Do Ideas Affect Politics?

Ideas in American Culture
Ideas in Political Institutions
Culture or Institutions?

Conclusion: Culture and Institutions, Together

Chapter Summary
Key Terms
Study Questions

3 The Constitution
BY THE NUMBERS The Constitution

The Colonial Roots of the Constitution

COMPARING NATIONS 3.1 The U.S. Constitution in Comparative Context

Why the Colonists Revolted

The Colonial Complaint: Representation
The Conflict Begins with Blood on the Frontier
The Stamp Tax and the First Hints of Independence
The Townshend Acts Worsen the Conflict
The Boston Tea Party
Revolution!
A Long Legacy

The Declaration of Independence

The Principle: “We Hold These Truths . . .”
Grievances

The First American Government: The Articles of

Confederation
Independent States
The National Government
Some Success . . .
. . . And Some Problems
Secrecy
WHAT DO YOU THINK? YOUR ADVICE IS NEEDED

The Constitutional Convention

1. How Much Power to the People?
2. National Government Versus State Government
3. Big States Versus Small States
The Virginia Plan
The New Jersey Plan
The Connecticut Compromise
4. The President
Committee or Individual?
The Electoral College
The President: Too Strong or Too Weak?
5. Separation of Powers
6. “A Principle of Which We Were Ashamed”
The Three-Fifths Compromise
The Slave Trade
Fugitive Slaves
“The National Calamity”

An Overview of the Constitution

Preamble
Article 1: Congress
WHAT DO YOU THINK? HAVE WE ACHIEVED THESE
NATIONAL GOALS TODAY?
Article 2: The President
COMPARING NATIONS 3.2 The U.S. Government Is Different from Most
Democracies
 Article 3: The Courts
Article 4: Relations Between the States
Article 5: Amendments
Article 6: The Law of the Land
Article 7: Ratification
The Missing Articles

Ratification
The Anti-Federalists
The Federalists
Two Strong Arguments
A Very Close Vote
A Popular Surge Propels People into Politics

Changing the Constitution

The Bill of Rights
The Seventeen Amendments
The Constitution Today
WHAT DO YOU THINK? HOW STRICTLY SHOULD WE
INTERPRET THE CONSTITUTION?
INFO DATA Amend the Constitution Today? On What Issue?

Conclusion: Does the Constitution Still Work?

Chapter Summary
Key Terms
Study Questions

4 Federalism and Nationalism

BY THE NUMBERS Federalism and Nationalism

Forging Federalism
 Who Holds Government Authority?
Advantages of State-Level Policy
The Advantages of National Policy
INFO DATA Regulatory Policies: Differ by State

WHAT DO YOU THINK? PRESERVING LOCAL VALUES OR

PROMOTING CONSISTENT NATIONAL POLICY?

How Federalism Works

The Constitution Sets the Ground Rules
The Constitution Empowers National Authority
The Constitution Protects State Authority
The Constitution Authorizes Shared Power
Dual Federalism (1789–1933)
Cooperative Federalism (1933–1981)
New Federalism
Progressive Federalism
Education
Healthcare
Federalism Today

Issues in Federalism
Unfunded Mandates
The Problems We Face: How Government Grows
Drowned in the Bathtub? Reducing the Federal Government
On Both Sides of the Issue
In a Nutshell: Our Three-Dimensional Political Chess

Federalism in the Courts

Nationalism, American Style
The Rise of American Nationalism
America’s Weak National Government
Size
COMPARING NATIONS 4.1 Government Spending as a Proportion of
Gross Domestic Product
 Authority
Independence

Conclusion: Who Are We?

Chapter Summary
Key Terms
Study Questions

5 Civil Liberties

The Rise of Civil Liberties

Civil Rights and Civil Liberties
BY THE NUMBERS Civil Liberties
The Purpose of Civil Liberties
The Slow Rise of Civil Liberties

Privacy
“Penumbras” and “Emanations”
Roe v. Wade
WHAT DO YOU THINK? IS THERE A RIGHT TO PRIVACY?
Planned Parenthood v. Casey
Sex Between Consenting Adults
Clashing Principles

Freedom of Religion
The Establishment Clause
Free Exercise of Religion
WHAT DO YOU THINK? MAY THE CHRISTIAN YOUTH CLUB
MEET IN SCHOOL?

Freedom of Speech
 A Preferred Position
Political Speech
COMPARING NATIONS 5.1 Civil Liberties Around the World
Symbolic Speech
Limits to Free Speech: Fighting Words
WHAT DO YOU THINK? FREE SPEECH ON CAMPUS
Limited Protections: Student Speech

Freedom of the Press

Prior Restraint
Obscenity
Libel

The Right to Bear Arms

A Relic of the Revolution?
The Palladium of All Liberties?
INFO DATA Guns on Campus: Should Colleges Allow Concealed Carry?

The Rights of the Accused

The Fourth Amendment: Search and Seizure
The Fifth Amendment: Rights at Trials
The Sixth Amendment: The Right to Counsel
The Eighth Amendment: The Death Penalty
WHAT DO YOU THINK? END THE DEATH PENALTY?

Terrorism, Non-Citizens, and Civil Liberties

Contacts with Forbidden Groups
Surveillance
The Rights of Non-Citizens

Conclusion: The Dilemma of Civil Liberties

Chapter Summary
Key Terms
 Study Questions

6 The Struggle for Civil Rights

Winning Rights: The Political Process

Seven Steps to Political Equality
BY THE NUMBERS Civil Rights
How the Courts Review Cases
Suspect Categories
Quasi-Suspect Categories
Nonsuspect Categories

Race and Civil Rights: Revolt Against Slavery

The Clash over Slavery
Abolition
Economics
Politics
Dred Scott v. Sandford
The Second American Founding: A New Birth of Freedom?
Freedom Fails

The Fight for Racial Equality

Two Types of Discrimination
The Modern Civil Rights Campaign Begins
The Courts
The Civil Rights Movement
Congress and the Civil Rights Act
Divisions in the Movement

The Post Civil Rights Era

Affirmative Action in the Workplace
Affirmative Action in Education
WHAT DO YOU THINK? HIGHER EDUCATION AND
AFFIRMATIVE ACTION
 Women’s Rights
Suffrage
The Civil Rights Act of 1964
COMPARING NATIONS 6.1 Percentage of Women in National
Legislatures: Selected Countries
Equal Rights Amendment
The Courts
Progress for Women—But How Much?

Hispanics
Challenging Discrimination
The Politics of Immigration
Ancient Fears
Three Categories
Undocumented Individuals
Language Controversy: Speak English!
Political Mobilization

Asian Americans
Native Americans
The Lost Way of Life
Indians and the Federal Government
Social Problems and Politics
Native Americans and the Courts

Groups Without Special Protection

People with Disabilities
Sexual Orientation and Gender Identity
INFO DATA Protections for Sexual Orientation and Gender Identity: How Do
Employment Laws Vary by State?

The Fight for Civil Rights Goes On

Voting Rights Today
Economic and Social Rights Today
 Health
Income
Incarceration

Conclusion: Civil Rights . . . By the People

Chapter Summary
Key Terms
Study Questions

PART II POLITICAL BEHAVIOR

7 Public Opinion
BY THE NUMBERS Public Opinion

Sources of Public Opinion

Political Socialization
Parents and Friends
Education
Gender
Race
Religion
Life Events
Party
Self-Interest: Voting Our Pocketbooks
Elite Influence
Wars and Other Focusing Events

Measuring Public Opinion

Polling Bloopers
Polling 101
The Random Sample
 Sampling Frame
Refining the Sample
Timing
INFO DATA Pollsters Face Growing Challenge: How Can They Persuade
Americans to Participate in Polls?
Wording
Lies, Damn Lies, and Polls
Technology and Error
Sampling Error and Response Bias
COMPARING NATIONS 7.1 Top Global Threats: Polling Around the
World
How Did They Do?
WHAT DO YOU THINK? IS POLLING BAD FOR DEMOCRACY?
Do Opinion Surveys Influence Us?

Public Opinion in a Democracy

Ignorant Masses
The Rational Public
WHAT DO YOU THINK? HOW CLOSELY SHOULD ELECTED
OFFICIALS FOLLOW PUBLIC OPINION?

Public Opinion and Governing

Do the People Know What They Want?
How Do the People Communicate Their Desires?
Do Leaders Respond to Public Opinion?

Conclusion: Government by the People

Chapter Summary
Key Terms
Study Questions

8 Political Participation
 How We Participate
Traditional Participation
BY THE NUMBERS Political Participation
Voting
Electoral Activities
Political Voice
Civic Voluntarism
Direct Action
WHAT DO YOU THINK? WOULD YOU HAVE PROTESTED?
The Participation Puzzle

Why People Get Involved

Background: Age, Wealth, and Education
Age
Wealth
Education
INFO DATA Public Rallies: What Issues Draw People to Protest?
Race
Friends and Family
Community
Political Mobilization
Government Beneficiaries
Historical Context

What Discourages Political Participation?

Alienation
COMPARING NATIONS 8.1 Voter Turnout in Selected Countries
Institutional Barriers
COMPARING NATIONS 8.2 Trust in Government
Complacency
Shifting Mobilization Patterns

New Avenues for Participation: The Internet, Social

Media, and the Millennial Generation
 Scenario 1: Rebooting Democracy
Scenario 2: More Hype and Danger Than Democratic Renaissance
Does Social Media Increase Political Participation?
How the Millennial Generation Participates

Conclusion
WHAT DO YOU THINK? SHOULD VOTING BE REQUIRED BY
LAW?

Chapter Summary
Key Terms
Study Questions

9 Media, Technology, and Government

BY THE NUMBERS The Media

Media and American Democracy

Providing Information
Watching Political Leaders
Shaping the Political Agenda

U.S. Media Today: Traditional Formats Are Declining

Where People Go for News
Newspapers and Magazines: Rise and Decline
Radio Holds Steady
Television: From News to Infotainment
The Rise of Cable
Infotainment

The Rise of the New Media

Is the Media Biased?
 Are Reporters Politically Biased?
Profits Drive the News Industry
Drama Delivers Audiences
Investigative “Bias”
WHAT DO YOU THINK? IS THE MEDIA OBJECTIVE? SHOULD
IT BE?
The Fairness Bias

How Governments Shape the Media

The First Amendment Protects Print Media from Regulation
Regulating Broadcasters
Protecting Competition

Media Around the World

INFO DATA Media Consolidation: Who Produces, Distributes, and Owns the
Media?
Government-Owned Stations
Censorship
COMPARING NATIONS 9.1 Censorship Under Pressure?
American Media in the World

Understanding the Media in Context: War, Terrorism,

and U.S. Elections
Covering Wars and Terrorism
The Campaign as Drama
Candidate Profiles

Conclusion: At the Crossroads of the Media World

Chapter Summary
Key Terms
Study Questions
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adjournment, it is thereby removed from before the House, and does
not stand ipso facto before them at their next meeting, but must
come forward in the usual way. So, when it is interrupted by the
order of the day. Such other privileged questions also as dispose of
the main question, (e. g., the previous question, postponement, or
commitment,) remove it from before the House. But it is only
suspended by a motion to amend, to withdraw, to read papers, or by
a question of order or privilege, and stands again before the House
when these are decided. None but the class of privileged questions
can be brought forward while there is another question before the
House, the rule being that when a motion has been made and
seconded, no other can be received except it be a privileged one.

SEC. XXXVIII.—EQUIVALENT QUESTIONS.

If, on a question for rejection, a bill be retained, it passes, of

course, to its next reading. Hakew., 141; Scob., 42. And a question for
a second reading determined negatively, is a rejection without
further question. 4 Grey, 149. And see Elsynge’s Memor., 42, in what
cases questions are to be taken for rejection.
Where questions are perfectly equivalent, so that the negative of
the one amounts to the affirmative of the other, and leaves no other
alternative, the decision of the one concludes necessarily the other. 4
Grey, 157. Thus the negative of striking out amounts to the
affirmative of agreeing; and therefore to put a question on agreeing
after that on striking out, would be to put the same question in effect
twice over. Not so in questions of amendments between the two
Houses. A motion to recede being negatived, does not amount to a
positive vote to insist, because there is another alternative, to wit, to
adhere. A bill originating in one House is passed by the other with an
amendment. A motion in the originating House to agree to the
amendment is negatived. Does there result from this vote of
disagreement, or must the question on disagreement be expressly
voted? The question respecting amendments from another House
are—1st, to agree; 2d, disagree; 3d, recede; 4th, insist; 5th, adhere,
 Either of these concludes the other necessarily, for the positive of
either is exactly the equivalent of the negative of the other, and no
1st. To
other alternative remains. On either motion amendments to the
agree.
amendment may be proposed; e. g., if it be moved to disagree, those
2d. To
who are for the amendment have a right to propose amendments,
disagree.
and to make it as perfect as they can, before the question of
disagreeing is put.
You may then either insist or adhere.
3d. To You may then either recede or adhere.
recede. You may then either recede or insist.
4th. To Consequently the negative of these is not equivalent to a positive
insist. vote, the other way. It does not raise so necessary an implication as
5th. To may authorize the Secretary by inference to enter another vote; for
adhere. two alternatives still remain, either of which may be adopted by the
House.

SEC. XXXIX.—THE QUESTION.

The question is to be put first on the affirmative, and then on the

negative side.
After the Speaker has put the affirmative part of the question, any
member who has not spoken before to the question may rise and
speak before the negative be put; because it is no full question till the
negative part be put. Scob., 23; 2 Hats., 73.
But in small matters, and which are of course, such as receiving
petitions, reports, withdrawing motions, reading papers, &c., the
Speaker most commonly supposes the consent of the House where
no objection is expressed, and does not give them the trouble of
putting the question formally. Scob., 22; 2 Hats., 87; 5 Grey, 129; 9
Grey, 301.

SEC. XL.—BILLS, THIRD READING.

To prevent bills from being passed by surprise, the House, by a

standing order, directs that they shall not be put on their passage
before a fixed hour, naming one at which the House is commonly
full. Hakew., 153.
 [The usage of the Senate is, not to put bills on their passage till
noon.]
A bill reported and passed to the third reading, cannot on that day
be read the third time and passed; because this would be to pass on
two readings in the same day.
At the third reading the Clerk reads the bill and delivers it to the
Speaker, who states the title, that it is the third time of reading the
bill, and that the question will be whether it shall pass. Formerly the
Speaker, or those who prepared a bill, prepared also a breviate or
summary statement of its contents, which the Speaker read when he
declared the state of the bill, at the several readings. Sometimes,
however, he read the bill itself, especially on its passage. Hakew.,
136, 137, 153; Coke, 22, 115. Latterly, instead of this, he, at the third
reading, states the whole contents of the bill verbatim, only, instead
of reading the formal parts, “Be it enacted,” &c., he states that
“preamble recites so and so—the 1st section enacts that, &c.; the 2d
section enacts,” &c.
[But in the Senate of the United States, both of these formalities
are dispensed with; the breviate presenting but an imperfect view of
the bill, and being capable of being made to present a false one; and
the full statement being a useless waste of time, immediately after a
full reading by the Clerk, and especially as every member has a
printed copy in his hand.]
A bill on the third reading is not to be committed for the matter or
body thereof, but to receive some particular clause or proviso, it hath
been sometimes suffered, but as a thing very unusual. Hakew., 156.
Thus, 27 El., 1584, a bill was committed on the third reading, having
been formerly committed on the second, but is declared not usual.
D’Ewes, 337, col. 2; 414, col. 2.
When an essential provision has been omitted, rather than erase
the bill and render it suspicious, they add a clause on a separate
paper, engrossed and called a rider, which is read and put to the
question three times. Elsynge’s Memo., 59; 6 Grey, 335; 1 Blackst.,
183. For examples of riders, see 3 Hats., 121, 122, 124, 156. Every one
is at liberty to bring in a rider without asking leave. 10 Grey, 52.
It is laid down as a general rule, that amendments proposed at the
second reading shall be twice read, and those proposed at the third
reading thrice read; as also all amendments from the other House.
Town., col. 19, 23, 24, 25, 26, 27, 28.
It is with great and almost invincible reluctance that amendments
are admitted at this reading, which occasion erasures or
interlineations. Sometimes a proviso has been cut off from a bill;
sometimes erased. 9 Grey, 513.
This is the proper stage for filling up blanks; for if filled up before,
and now altered by erasure, it would be peculiarly unsafe.
At this reading the bill is debated afresh, and for the most part is
more spoken to at this time than on any of the former readings.
Hakew., 153.
The debate on the question whether it should be read a third time,
has discovered to its friends and opponents the arguments on which
each side relies, and which of these appear to have influence with the
House; they have had time to meet them with new arguments, and to
put their old ones into new shapes. The former vote has tried the
strength of the first opinion, and furnished grounds to estimate the
issue; and the question now offered for its passage is the last
occasion which is ever to be offered for carrying or rejecting it.
When the debate is ended, the Speaker, holding the bill in his
hand, puts the question for its passage, by saying, “Gentlemen, all
you who are of opinion that this bill shall pass, say aye;” and after the
answer of the ayes, “All those of the contrary opinion, say no.”
Hakew., 154.
After the bill is passed, there can be no further alteration of it in
any point. Hakew., 159.

SEC. XLI.—DIVISION OF THE HOUSE.

The affirmative and negative of the question having been both put
and answered, the Speaker declares whether the yeas or nays have it
by the sound, if he be himself satisfied, and it stands as the judgment
of the House. But if he be not himself satisfied which voice is the
greater, or if before any other member comes into the House, or
before any new motion made, (for it is too late after that,) any
member shall rise and declare himself dissatisfied with the Speaker’s
decision, then the Speaker is to divide the House. Scob., 24; 2 Hats.,
140.
When the House of Commons is divided, the one party goes forth,
and the other remains in the House. This has made it important
which go forth and which remain; because the latter gain all the
indolent, the indifferent, and inattentive. Their general rule,
therefore, is, that those who give their vote for the preservation of the
orders of the House shall stay in; and those who are for introducing
any new matter or alteration, or proceeding contrary to the
established course, are to go out. But this rule is subject to many
exceptions and modifications. 2 Hats., 134; 1 Rush., p. 3, fol. 92;
Scob., 43, 52; Co., 12, 116; D’Ewes, 505, col. 1; Mem. in Hakew., 25,
29; as will appear by the following statement of who go forth:
Petition that it be received
Ayes.
Read

Lie on the table

Noes.
Rejected after refusal to lie on table

Referred to a committee, for further proceeding Ayes.

Bill, that it be brought in

Read first or second time
Engrossed or read third time Ayes.
Proceeding on every other stage
Committed

To Committee of the whole Noes.

To a select committee Ayes.

Report of bill to lie on table Noes.

Be now read Ayes.

Be taken into consideration three months hence 30, P.J. 251.

Amendments to be read a second time Noes.

Clause offered on report of bill to be read second time

For receiving a clause Ayes. 334.
With amendments be engrossed 395.

That a bill be now read a third time Noes. 398.

Receive a rider 260.

Pass Ayes.
259.
Be printed

Committees. That A take the chair Noes. 291.

To agree to the whole or any part of report
That the House do now resolve into committee
Speaker. That he now leave the chair, after order to go into
committee
That he issue warrant for a new writ
Member. That none be absent without leave

Witness. That he be further examined Ayes. 344.

Previous question Noes.

Blanks. That they be filled with the largest sum.

Ayes.
Amendments. That words stand part of

Lords. That their amendment be read a second time Noes.

Messenger be received
Ayes.
Orders of day to be now read, if before 2 o’clock

If after 2 o’clock Noes.

Adjournment. Till the next sitting day, if before 4 o’clock Ayes.

If after 4 o’clock Noes.

Over a sitting day, (unless a previous resolution.) Ayes.

Over the 30th of January Noes.

For sitting on Sunday, or any other day not being a sitting day Ayes.
The one party being gone forth, the Speaker names two tellers
from the affirmative and two from the negative side, who first count
those sitting in the House and report the number to the Speaker.
Then they place themselves within the door, two on each side, and
count those who went forth as they come in, and report the number
to the Speaker. Mem. in Hakew., 26.
A mistake in the report of the tellers may be rectified after the
report made. 2 Hats., 145, note.
[But in both Houses of Congress all these intricacies are avoided.
The ayes first rise, and are counted standing in their places by the
President or Speaker. Then they sit, and the noes rise and are
counted in like manner.]
[In Senate, if they be equally divided, the Vice-President
announces his opinion, which decides.]
 [The Constitution, however, has directed that “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.” And again: that
in all cases of reconsidering a bill disapproved by the President, and
returned with is objections, “the votes of both Houses shall be
determined by yeas and nays, and the names of persons voting for
and against the bill shall be entered on the journals of each House
respectively.”]
[By the 16th and 17th rules of the Senate, when the yeas and nays
shall be called for by one-fifth of the members present, each member
called upon shall, unless for special reasons he be excused by the
Senate, declare openly, and without debate, his assent or dissent to
the question. In taking the yeas and nays, and upon the call of the
House, the names of the members shall be taken alphabetically.]
[When the yeas and nays shall be taken upon any question in
pursuance of the above rule, no member shall be permitted, under
any circumstances whatever, to vote after the decision is announced
from the Chair.]
[When it is proposed to take the vote by yeas and nays, the
President or Speaker states that “the question is whether, e. g., the
bill shall pass—that it is proposed that the yeas and nays shall be
entered on the journal. Those, therefore, who desire it, will rise.” If
he finds and declares that one-fifth have risen, he then states that
“those who are of opinion that the bill shall pass are to answer in the
affirmative; those of the contrary opinion in the negative.” The Clerk
then calls over the names, alphabetically, note the yea or nay of each,
and gives the list to the President or Speaker, who declares the result.
In the Senate, if there be an equal division, the Secretary calls on the
Vice-President and notes his affirmative or negative, which becomes
the decision of the House.]
In the House of Commons, every member must give his vote the
one way or the other, Scob., 24, as it is not permitted to any one to
withdraw who is in the House when the question is put, nor is any
one to be told in the division who was not in when the question was
put. 2 Hats., 140.
This last position is always true when the vote is by yeas and nays;
where the negative as well as affirmative of the question is stated by
the President at the same time, and the vote of both sides begins and
proceeds pari passu. It is true also when the question is put in the
usual way, if the negative has also been put; but if it has not, the
member entering, or any other member, may speak, and even
propose amendments, by which the debate may be opened again,
and the question be greatly deferred. And as some who have
answered ay may have been changed by the new arguments, the
affirmative must be put over again. If, then, the member entering
may, by speaking a few words, occasion a repetition of a question, it
would be useless to deny it on his simple call for it.
While the House is telling, no member may speak or move out of
his place; for if any mistake be suspected, it must be told again.
Mem. in Hakew., 26; 2 Hats., 143.
If any difficulty arises in point of order during the division, the
speaker is to decide peremptorily, subject to the future censure of the
House if irregular. He sometimes permits old experienced members
to assist him with their advice, which they do sitting in their seats,
covered, to avoid the appearance of debate; but this can only be with
the Speaker’s leave, else the division might last several hours. 2
Hats., 143.
The voice of the majority decides; for the lex majoris partis is the
law of all councils, elections, &c., where not otherwise expressly
provided. Hakew., 93. But if the House be equally divided, semper
presumatur pro negante; that is, the former law is not to be changed
but by a majority. Towns., col. 134.
[But in the Senate of the United States, the Vice-President decides
when the House is divided. Const. U. S., I, 3.]
When from counting the House on a division it appears that there
is not a quorum, the matter continues exactly in the state in which it
was before the division, and must be resumed at that point on any
future day. 2 Hats., 126.
1606, May 1, on a question whether a member having said yea may
afterwards sit and change his opinion, a precedent was remembered
by the Speaker, of Mr. Morris, attorney of the wards, in 39 Eliz., who
in like case changed his opinion. Mem. in Hakew., 27.

SEC. XLII.—TITLES.
 After the bill has passed, and not before, the title may be amended,
and is to be fixed by a question; and the bill is then sent to the other
House.

SEC. XLIII.—RECONSIDERATION.

[When a question has been once made and carried in the

affirmative or negative, it shall be in order for any member of the
majority to move for the reconsideration thereof; but no motion for
the reconsideration of any vote shall be in order after a bill,
resolution, message, report, amendment, or motion upon which the
vote was taken shall have gone out of the possession of the Senate
announcing their decision; nor shall any motion for reconsideration
be in order unless made on the same day on which the vote was
taken, or within the two next days of actual session of the Senate
thereafter. Rule 20.]
[1798, Jan. A bill on its second reading being amended, and on the
question whether it shall be read a third time negatived, was restored
by a decision to reconsider that question. Here the votes of negative
and reconsideration, like positive and negative quantities in
equation, destroy one another, and are as if they were expunged from
the journals. Consequently the bill is open for amendment, just so far
as it was the moment preceding the question for the third reading;
that is to say, all parts of the bill are open for amendment except
those on which votes have been already taken in its present stage. So,
also, it may be recommitted.]
[[102]The rule permitting a reconsideration of a question affixing to
it no limitation of time or circumstance, it may be asked whether
there is no limitation? If, after the vote, the paper on which it is
passed has been parted with, there can be no reconsideration; as if a
vote has been for the passage of a bill, and the bill has been sent to
the other House. But where the paper remains, as on a bill rejected;
when, or under what circumstances, does it cease to be susceptible of
reconsideration? This remains to be settled; unless a sense that the
right of reconsideration is a right to waste the time of the House in
repeated agitations of the same question, so that it shall never know
when a question is done with, should induce them to reform this
anomalous proceeding.]
In Parliament a question once carried cannot be questioned again
at the same session, but must stand as the judgment of the House.
Towns., col. 67; Mem. in Hakew., 33. And a bill once rejected,
another of the same substance cannot be brought in again the same
session. Hakew., 158; 6 Grey, 392. But this does not extend to
prevent putting the same question in different stages of a bill;
because every stage of a bill submits the whole and every part of it to
the opinion of the House, as open for amendment, either by insertion
or omission, though the same amendment has been accepted or
rejected in a former stage. So in reports of committees, e. g., report
of an address, the same question is before the House, and open for
free discussion. Towns., col. 26; 2 Hats., 98, 100, 101. So orders of
the House, or instructions to committees, may be discharged. So a
bill, begun in one House, and sent to the other, and there rejected,
may be renewed again in that other, passed and sent back Ib., 92: 3
Hats., 161. Or if, instead of being rejected, they read it once and lay it
aside or amend it, and put it off a month, they may order in another
to the same effect, with the same or a different title. Hakew., 97, 98.
Divers expedients are used to correct the effects of this rule; as, by
passing an explanatory act, if anything has been omitted or ill
expressed, 3 Hats., 278, or an act to enforce, and make more
effectual an act, &c., or to rectify mistakes in an act, &c., or a
committee on one bill may be instructed to receive a clause to rectify
the mistakes of another. Thus, June 24, 1685, a clause was inserted
in a bill for rectifying a mistake committed by a clerk in engrossing a
bill of supply. 2 Hats., 194, 6. Or the session may be closed for one,
two, three or more days, and a new one commenced. But then all
matters depending must be finished, or they fall, and are to begin de
novo. 2 Hats., 94, 98. Or a part of the subject may be taken up by
another bill, or taken up in a different way. 6 Grey, 304, 316.
And in cases of the last magnitude, this rule has not been so
strictly and verbally observed as to stop indispensable proceedings
altogether. 2 Hats., 92, 98. Thus when the address on the
preliminaries of peace in 1782 had been lost by a majority of one, on
account of the importance of the question, and smallness of the
majority, the same question in substance, though with some words
not in the first, and which might change the opinion of some
members, was brought on again and carried, as the motives for it
were thought to outweigh the objection of form. 2 Hats., 99, 100.
A second bill may be passed to continue an act of the same session,
or to enlarge the time limited for its execution. 2 Hats., 95, 98. This
is not in contradiction to the first act.

SEC. XLIV.—BILLS SENT TO THE OTHER HOUSE.

[All bills passed in the Senate shall, before they are sent to the
House of Representatives, be examined by a committee, consisting of
three members, whose duty it shall be to examine all bills,
amendments, resolutions, or motions, before they go out of the
possession of the Senate, and to make report that they are correctly
engrossed; which report shall be entered on the journal. Rule 34.]
A bill from the other House is sometimes ordered to lie on the
table. 2 Hats., 97.
When bills, passed in one House and sent to the other, are
grounded on special facts requiring proof, it is usual, either by
message or at a conference, to ask the grounds and evidence; and
this evidence, whether arising out of papers, or from the examination
of witnesses, is immediately communicated. 3 Hats., 48.

SEC. XLV.—AMENDMENTS BETWEEN THE HOUSES.

When either House, e. g., the House of Commons, send a bill to the
other, the other may pass it with amendments. The regular
progression in this case is, that the Commons disagree to the
amendment; the Lords insist on it; the Commons insist on their
disagreement; the Lords adhere to their amendment; the Commons
adhere to their disagreement. The term of insisting may be repeated
as often as they choose to keep the question open. But the first
adherence by either renders it necessary for the other to recede or
adhere also; when the matter is usually suffered to fall. 10 Grey, 148.
Latterly, however, there are instances of their having gone to a
second adherence. There must be an absolute conclusion of the
subject somewhere, or otherwise transactions between the Houses
would become endless. 3 Hats., 268, 270. The term of insisting, we
are told by Sir John Trevor, was then (1679) newly introduced into
parliamentary usage, by the Lords. 7 Grey, 94. It was certainly a
happy innovation, as it multiplies the opportunities of trying
modifications which may bring the Houses to a concurrence. Either
House, however, is free to pass over the term of insisting, and to
adhere in the first instance; 10 Grey, 146; but it is not respectful to
the other. In the ordinary parliamentary course, there are two free
conferences, at least, before an adherence. 10 Grey, 147.
Either House may recede from its amendment and agree to the
bill; or recede from their disagreement to the amendment, and agree
to the same absolutely, or with an amendment; for here the
disagreement and receding destroy one another, and the subject
stands as before the agreement. Elsynge, 23, 27; 9 Grey, 476.
But the House cannot recede from or insist on its own
amendment, with an amendment; for the same reason that it cannot
send to the other House an amendment to its own act after it has
passed the act. They may modify an amendment from the other
House by ingrafting an amendment on it, because they have never
assented to it; but they cannot amend their own amendment,
because they have, on the question, passed it in that form. 9 Grey,
363; 10 Grey, 240. In the Senate, March 29, 1798. Nor where one
House has adhered to their amendment, and the other agrees with
an amendment, can the first House depart from the form which they
have fixed by an adherence.
In the case of a money bill, the Lords’ proposed amendments,
become, by delay, confessedly necessary. The Commons, however,
refused them, as infringing on their privilege as to money bills; but
they offered themselves to add to the bill a proviso to the same effect,
which had no coherence with the Lords’ amendments; and urged
that it was an expedient warranted by precedent, and not
unparliamentary in a case become impracticable, and irremediable
in any other way. 3 Hats., 256, 266, 270, 271. But the Lords refused,
and the bill was lost. 1 Chand., 288. A like case, 1 Chand., 311. So the
Commons resolved that it is unparliamentary to strike out, at a
conference, anything in a bill which hath been agreed and passed by
both Houses. 6 Grey, 274; 1 Chand., 312.
 A motion to amend an amendment from the other House takes
precedence of a motion to agree or disagree.
A bill originating in one House is passed by the other with an
amendment.
The originating House agrees to their amendment with an
amendment. The other may agree to their amendment with an
amendment, that being only in the 2d and not the 3d degree; for, as
to the amending House, the first amendment with which they passed
the bill is a part of its text; it is the only text they have agreed to. The
amendment to that text by the originating House, therefore, is only
in the 1st degree, and the amendment to that again by the amending
House is only in the 2d, to wit, an amendment to an amendment, and
so admissible. Just so, when, on a bill from the originating House,
the other, at its second reading, makes an amendment; on the third
reading this amendment is become the text of the bill, and if an
amendment to it be moved, an amendment to that amendment may
also be moved, as being only in the 2d degree.

SEC. XLVI.—CONFERENCES.

It is on the occasion of amendments between the Houses that

conferences are usually asked; but they may be asked in all cases of
difference of opinion between the two Houses on matters depending
between them. The request of a conference, however, must always be
by the House which is possessed of the papers. 3 Hats., 31; 1 Grey,
425.
Conferences may be either simple or free. At a conference simply,
written reasons are prepared by the House asking it, and they are
read and delivered, without debate, to the managers of the other
House at the conference; but are not then to be answered. 4 Grey,
144. The other House then, if satisfied, vote the reasons satisfactory,
or say nothing; if not satisfied, they resolve them not satisfactory and
ask a conference on the subject of the last conference, where they
read and deliver, in like manner, written answers to those reasons. 3
Grey, 183. They are meant chiefly to record the justification of each
House to the nation at large, and to posterity, and in proof that the
miscarriage of a necessary measure is not imputable to them. 3 Grey,
255. At free conferences, the managers discuss, viva voce and freely,
and interchange propositions for such modifications as may be made
in a parliamentary way, and may bring the sense of the two Houses
together. And each party reports in writing to their respective
Houses the substance of what is said on both sides, and it is entered
on their journals. 9 Grey, 220; 3 Hats., 280. This report cannot be
amended or altered, as that of a committee may be. Journal Senate,
May 24, 1796.
A conference may be asked, before the House asking it has come to
a resolution of disagreement, insisting or adhering. 3 Hats., 269, 341.
In which case the papers are not left with the other conferees, but are
brought back to be the foundation of the vote to be given. And this is
the most reasonable and respectful proceeding; for, as was urged by
the Lords on a particular occasion, “it is held vain, and below the
wisdom of Parliament, to reason or argue against fixed resolutions,
and upon terms of impossibility to persuade.” 3 Hats., 226. So the
Commons say, “an adherence is never delivered at a free conference,
which implies debate.” 10 Grey, 137. And on another occasion the
Lords made it an objection that the Commons had asked a free
conference after they had made resolutions of adhering. It was then
affirmed, however, on the part of the Commons, that nothing was
more parliamentary than to proceed with free conferences after
adhering, 3 Hats., 269, and we do in fact see instances of conference,
or of free conference, asked after the resolution of disagreeing, 3
Hats., 251, 253, 260, 286, 291, 316, 349; of insisting, ib., 280, 296,
299, 319, 322, 355; of adhering, 269, 270, 283, 300; and even of a
second or final adherence. 3 Hats., 270. And in all cases of
conference asked after a vote of disagreement, &c., the conferees of
the House asking it are to leave the papers with the conferees of the
other; and in one case where they refused to receive them, they were
left on the table in the conference chamber. ib., 271, 317, 323, 354; 10
Grey, 146.
After a free conference, the usage is to proceed with free
conferences, and not to return again to a conference. 3 Hats., 270; 9
Grey, 229.
After a conference denied, a free conference may be asked. 1 Grey,
45.
 When a conference is asked, the subject of it must be expressed, or
the conference not agreed to. Ord. H Com., 89; Grey, 425; 7 Grey,
31. They are sometimes asked to inquire concerning an offense or
default of a member of the other House. 6 Grey, 181; 1 Chand., 304.
Or the failure of the other House to present to the King a bill passed
by both Houses, 8 Grey, 302. Or on information received, and
relating to the safety of the nation. 10 Grey, 171. Or when the
methods of Parliament are thought by the one House to have been
departed from by the other, a conference is asked to come to a right
understanding thereon. 10 Grey, 148. So when an unparliamentary
message has been sent, instead of answering it, they ask a
conference. 3 Grey, 155. Formerly an address or articles of
impeachment, or a bill with amendments, or a vote of the House, or
concurrence in a vote, or a message from the King, were sometimes
communicated by way of conference. 6 Grey, 128, 300, 387; 7 Grey,
80; 8 Grey, 210, 255; 1 Torbuck’s Deb., 278; 10 Grey, 293; 1
Chandler, 49, 287. But this is not the modern practice. 8 Grey, 255.
A conference has been asked after the first reading of a bill. 1 Grey,
194. This is a singular instance.

SEC. XLVII.—MESSAGES.

Messages between the Houses are to be sent only while both

Houses are sitting. 3 Hats., 15. They are received during a debate
without adjourning the debate. 3 Hats., 22.
[In Senate the messengers are introduced in any state of business,
except, 1. While a question is being put. 2. While the yeas and nays
are being called. 3. While the ballots are being counted. Rule 51. The
first case is short; the second and third are cases where any
interruption might occasion errors difficult to be corrected. So
arranged June 15, 1798.]
In the House of Representatives, as in Parliament, if the House be
in committee when a messenger attends, the Speaker takes the chair
to receive the message, and then quits it to return into committee,
without any question or interruption. 4 Grey, 226.
Messengers are not saluted by the members, but by the Speaker
for the House. 2 Grey, 253, 274.
 If messengers commit an error in delivering their message, they
may be admitted or called in to correct their message. 4 Grey, 41.
Accordingly, March 13, 1800, the Senate having made two
amendments to a bill from the House of Representatives, their
Secretary, by mistake, delivered one only; which being inadmissible
by itself, that House disagreed, and notified the Senate of their
disagreement. This produced a discovery of the mistake. The
Secretary was sent to the other House to correct his mistake, the
correction was received, and the two amendments acted on de novo.
As soon as the messenger, who has brought bills from the other
House, has retired, the Speaker holds the bills in his hand, and
acquaints the House “that the other House have by their messenger
sent certain bills,” and then reads their titles, and delivers them to
the Clerk, to be safely kept till they shall be called for to be read.
Hakew., 178.
It is not the usage for one House to inform the other by what
numbers a bill is passed. 10 Grey, 150. Yet they have sometimes
recommended a bill, as of great importance, to the consideration of
the House to which it is sent. 3 Hats., 25. Nor when they have
rejected a bill from the other House, do they give notice of it; but it
passes sub silentio, to prevent unbecoming altercations. 1 Blackst.,
183.
[But in Congress the rejection is notified by message to the House
in which the bill originated.]
A question is never asked by the one House of the other by way of
message, but only at a conference; for this is an interrogatory, not a
message. 3 Grey, 151, 181.
When a bill is sent by one House to the other, and is neglected,
they may send a message to remind them of it. 3 Hats., 25; 5 Grey,
154. But if it be mere inattention, it is better to have it done
informally by communications between the Speakers or members of
the two Houses.
Where the subject of a message is of a nature that it can properly
be communicated to both Houses of Parliament, it is expected that
this communication should be made to both on the same day. But
where a message was accompanied with an original declaration,
signed by the party to which the message referred, its being sent to
one House was not noticed by the other, because the declaration,
being original, could not possibly be sent to both Houses at the same
time. 2 Hats., 260, 261, 262.
The King having sent original letters to the Commons, afterward
desires they may be returned, that he may communicate them to the
Lords. 1 Chandler, 303.

SEC. XLVIII.—ASSENT.

The House which has received a bill and passed it may present it
for the King’s assent, and ought to do it, though they have not by
message notified to the other their passage of it. Yet the notifying by
message is a form which ought to be observed between the two
Houses from motives of respect and good understanding. 2 Hats.,
242. Were the bill to be withheld from being presented to the King, it
would be an infringement of the rules of Parliament. Ib.
[When a bill has passed both Houses of Congress, the House last
acting on it notifies its passage to the other, and delivers the bill to
the Joint Committee of Enrolment, who see that it is truly enrolled in
parchment]. When the bill is enrolled, it is not to be written in
paragraphs, but solidly, and all of a piece, that the blanks between
the paragraphs may not give room for forgery. 9 Grey, 143. [It is then
put into the hands of the Clerk of the House of Representatives to
have it signed by the Speaker. The Clerk then brings it by way of
message to the Senate to be signed by their President. The Secretary
of the Senate returns it to the Committee of Enrolment, who present
it to the President of the United States. If he approve, he signs, and
deposits it among the rolls in the office of the Secretary of State, and
notifies by message the House in which it originated that he has
approved and signed it; of which that House informs the other by
message. If the President disapproves, he is to return it, with his
objections, to that House in which it shall have originated; who are to
enter the objections at large on their journal, and proceed to
reconsider it. If, after such reconsideration, two-thirds of that House
shall agree to pass the bill, it shall be sent, together with the
President’s objections, to the other House, by which it shall likewise
be reconsidered; and if approved by two-thirds of that House, it shall
become a law. If any bill shall not be returned by the President
within ten days (Sundays excepted) after it shall have been presented
to him, the same shall be a law, in like manner after he had signed it,
unless the Congress, by their adjournment, prevent its return; in
which case it shall not be a law. Const., I, 7.]
[Every order, resolution, or vote, to which the concurrence of the
Senate and House of Representatives may be necessary, (except on a
question of adjournment), shall be presented to the President of the
United States, and, before the same shall take effect, shall be
approved by him; or, being disapproved by him, shall be repassed by
two-thirds of the Senate and House of Representatives, according to
the rules and limitations prescribed in the case of a bill. Const., I, 7.]

SEC. XLIX.—JOURNALS.

[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. Const., I, 5.]
[The proceedings of the Senate, when not acting as in a Committee
of the Whole, shall be entered on the journals as concisely as
possible, care being taken to detail a true account of the proceedings.
Every vote of the Senate shall be entered on the journals, and a brief
statement of the contents of each petition, memorial, or paper
presented to the Senate, be also inserted on the journal. Rule 5.]
[The titles of bills, and such parts thereof, only, as shall be affected
by proposed amendments, shall be inserted on the journals. Rule 5.]
If a question is interrupted by a vote to adjourn, or to proceed to
the orders of the day, the original question is never printed in the
journal, it never having been a vote, nor introductory to any vote; but
when suppressed by the previous question, the first question must be
stated, in order to introduce and make intelligible the second. 2
Hats., 83.
So also when a question is postponed, adjourned, or laid on the
table, the original question, though not yet a vote, must be expressed
in the journals; because it makes part of the vote of postponement,
adjourning, or laying it on the table.
 Where amendments are made to a question, those amendments
are not printed in the journals, separated from the question; but only
the question as finally agreed to by the House. The rule of entering in
the journals only what the House has agreed to, is founded in great
prudence and good sense; as there may be many questions proposed,
which it may be improper to publish to the world in the form in
which they are made. 2 Hats., 85.
[In both Houses of Congress, all questions whereon the yeas and
nays are desired by one-fifth of the members present, whether
decided affirmatively or negatively, must be entered in the journals.
Const., I, 5.]
The first order for printing the votes of the House of Commons
was October 30, 1685. 1 Chandler, 387.
Some judges have been of opinion that the journals of the House of
Commons are no records, but only remembrances. But this is not
law. Hob., 110, 111; Lex Parl., 114, 115; Jour. H. C., Mar. 17, 1592;
Hale, Parl., 105. For the Lords in their House have power of
judicature, the Commons in their House have power of judicature,
and both Houses together have power of judicature; and the book of
the Clerk of the House of Commons is a record, as is affirmed by act
of Parl., 6 H. 8, c. 16; 4 Inst., 23, 24; and every member of the House
of Commons hath a judicial place. 4 Inst., 15. As records they are
open to every person, and a printed vote of either House is sufficient
ground for the other to notice it. Either may appoint a committee to
inspect the journals of the other, and report what has been done by
the other in any particular case. 2 Hats., 261; 3 Hats., 27–30. Every
member has a right to see the journals and to take and publish votes
from them. Being a record, every one may see and publish them. 6
Grey, 118, 119.
On information of a mis-entry or omission of an entry in the
journal, a committee may be appointed to examine and rectify it, and
report it to the House. 2 Hats., 194, 1195.

SEC. L.—ADJOURNMENT.

The two Houses of Parliament have the sole, separate, and

independent power of adjourning each their respective Houses. The