The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-04-15
THE POWER OF CONGRESS.
support Of the Theory That It May
Convene on q Members Initiative.

To THE EDITOR OF THE SUN--str. Fol-
lowing the analogy Of the organizing Of
the First Congress. March 4, 1889. as
described in my letter published In THE
Sun Of April 10. together with the sub
sequent act OF Congress fixing March
as the date OF the commencement Of
each new Congress. It necessarily fol-
lows that every new Congress Is in
duty bound to meet on that date and
organize: that date 80 fixed 10 ipso
facto a call for the assembling of the
new Congress.
Nature abhors a vacuum; so does
law. That the Constitution trainers in
providing for the election OF Senators
and Representatives in November con-
templated a years delay before the new
Congress should convene and that the
country should be without that codrdi-
nate branch of the Government for that
period, unless the President should cali
II together. Is unthinkable.
They contemplated q complete Gov
eminent existing at all times. The
elected members Of the Congress do not
become n Congress de facto until they
have assembled. been sworn into Office
and duly organized. Note that invaria-
bly, the first action of each house after
organising 10 to notify the other house
Of the fact. and then a Joint committee
is appointed to notify the executive
branch of the Government-the Presi-
dent--that the new Congress is organ
lied and ready to receive any communi-
cation from him.
The Congress being now in esse may
adjourn. but II will still be in existence
as n coordinate department Of the Gov
eminent, and there can be no interreg-
mum, as there is at present.
The latter condition was clearly what
was contemplated by the fathers In
Article H.. section 3. in giving power
to the President to convene the Congress
on extraordinary occasions.
1t 10 the Congress he is authorized to
call. not a body OF elected members
He might as well say. How can call
the Congress when there Is no Con-
Eress in existenceT'
Again following tho analogy Of the
organizing OF the First Congress. II the
strict constructionists who say the Con-
gress has no wpower Of itself TO convene
are right, then that First Congress was
1889. Failing to meet on that date. the
authority Of its call was exhausted. j,
was without authority to meet at any
other time. This is the logical strict
constructionist view mot mine). 1t did.
however, meet month later, organized
and proceeded to business, and no one
has ever questioned It's legality. Sc
with the incoming Congress- its duty ie
to fulfil the purpose of It's creation
to become the de facto Congress.
Having failed to assemble on the
date hxed by law. the beginning Of itE
existence as the Congress. 1t not only
has the right but It is its bounden duty
to assemble and habituate itself as the
moment.
Who may take the initiative? Any
duly elected member may issue a call
this being In line Of the purpose OF the
body to which he Is accredited. II q
majority Of both branches assemble and
| organize, who shall question tho legality
of the Congress? A summons signed by
a ma jority Of each body could not safely
be ignored by any members. for If a
quorum OF each house should assemble
and organize the Congress would be in
, being.
One writer says that the Supreme
Court would be likely to declare illegal
any action OF a Congress so assembled
The only question that the court could
possibly consider would be. Was the
| body so assembled actually the Con-
gress? II II was composed of a ma
jority of both houses duly elected and
sworn and organized, what would II
be II not the coordinate department and
| under the Constitution, sole Judge OF
its own proceedings? Is it thinkahle
| that the Supreme Court-the coordinate
department of the Government-could
or would hold invalid the existence o!
the other branch OH a bald technical
| question as to how II assembled?
n. L. HITCHCOCK.
SCRANTON, Pa. April IA.