MADISONCENTER FOR AMERICAN LEADERSHIP
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An invitation to understand

The Constitution,
connected.

Start with a question. Follow a connection.
Discover the ideas that hold a republic together.

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Begin with “We the People”
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The constitutional text

Article I · Section 5

Select any highlighted phrase to understand what it means.

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. 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; and 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.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Source: National Constitution Center edition. Original wording is preserved; commentary explains historical and superseded provisions.

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You don’t have to understand everything at once. One connection is a good beginning.

LOOK A LITTLE CLOSER

Article I, Section 5, Clause 2 — discipline

Internal legislative discipline

Current text
punish its Members for disorderly Behaviour,

What it means

Each chamber may punish its members for disorderly behavior. This gives the institution a means to maintain standards of conduct and functioning short of expulsion.

Historical setting

A legislature requires some control over disruption and misconduct by its own members. The Constitution places that responsibility within each chamber rather than under ordinary presidential supervision.

What it does

Disciplinary measures and criminal proceedings are different forms of accountability. A chamber’s judgment does not automatically decide whether a criminal offense occurred or replace the safeguards of a criminal trial.

Debate & interpretation

The challenge is preventing necessary discipline from becoming punishment for disfavored political views. Public reasons and consistent standards matter because the same institution both experiences the alleged misconduct and judges it.

A common misreading

The power is not a general presidential authority to discipline Congress, and punishment does not always mean removal from the chamber.

Think it through

How should a legislative chamber distinguish vigorous disagreement from conduct that makes deliberation impossible?

Follow the connection

Sources & further reading

Original Madison Center commentary. Explanations distinguish the text, historical context, and interpretive disagreements.

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