Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol II).djvu/365

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CH. XIII.]
PRESIDENT'S NEGATIVE.
357

§ 891. We have thus passed through all the clauses of the constitution respecting the structure and organization of the legislative department, and the rights, powers, and privileges of the component branches severally, as well as in the aggregate. The natural order of the constitution next leads us to the consideration of the POWERS, which are vested, by the constitution, in the legislative department. Before, however, entering upon this large and important inquiry, it may be useful to state, in a summary manner, the ordinary course of proceedings at each new session of congress, and the mode, in which laws are usually passed, according to the settled usages in congress, under the rules and orders of the two houses. In substance, it does not differ from the manner of conducting the like business in the British parliament.[1]

§ 892. On the day appointed for the assembling of a new congress, the members of each house meet in their separate apartments. The house of representatives then proceed to the choice of a speaker and clerk, and any one member is authorized then to administer the oath of office to the speaker, who then administers the like oath to the other members, and to the clerk. The like oath is administered by any member of the senate, to the president of the senate, who then administers a like oath to all the members, and the secretary of the senate; and this proceeding is had, when, and as often as a new president of the senate, or member, or secretary, is chosen.[2] As soon as these preliminaries are gone through, and a quorum of each house is present, notice is given thereof to the president, who signifies
  1. 1 Tuck. Black. Comm. App. 229, note; 1 Black. Comm. 181; Jefferson's Manual, passim; 2 Wilson's Law Lect. 171 to 176.
  2. Act of 1789, ch. 1.