§ 703. The constitution has not provided for the manner, in which the choice shall be made by the state legislatures, whether by a joint, or by a concurrent vote; the latter is, where both branches form one assembly, and give a united vote numerically; the former is, where each branch gives a separate and independent vote.[1] As each of the state legislatures now consists of two branches, this is a very important practical question. Generally, but not universally, the choice of senators is made by a concurrent vote.[2] Another question might be suggested, whether the executive constitutes a part of the legislature for such a purpose, in cases where the state constitution gives him a qualified negative upon the laws. But this has been silently and universally settled against the executive participation in the appointment.
§ 704. Thirdly; the number of senators. Each state is entitled to two senators. It is obvious, that to ensure competent knowledge and ability to discharge all the functions entrusted to the senate, (of which more will be said hereafter,) it is indispensable, that it should consist of a number sufficiently large to ensure a sufficient variety of talents, experience, and practical skill, for the discharge of all their duties. The legislative power alone, for its enlightened and prudent exercise, requires (as has been already shown) no small share of patriotism, and knowledge, and ability. In proportion to the extent and variety of the labours of- ↑ Rawle on Const., 37; 1 Kent's Comm. Lect. 11, p. 211, 212.
- ↑ 1 Kent's Comm. Lect. 11, p. 211, 212.—Mr. Chancellor Kent says, in his Commentaries,[a 1] that in New-York the senators are elected by a joint vote, if the two houses do not separately concur. But his own opinion is, that the true construction of the constitution upon principle is, that it should be by a concurrent vote.
- ↑ 1 Kent's Comm. Lect. 11, p. 212.
