Article I, Section 5, Clause 3
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.
The Federalist and Federalist essays
- quoted bySuggestedCassius 9, ¶ 1
Each house shall keep a journal of its proceedings, and from time to time publish the same, &c. No one, who professes to be governed by reason, will dispute the propriety of any assembly's being the judge of the qualifications requisite to constitute a member of their own…
Reproduces the opening of this clause verbatim as part of what "Section 5, of the new constitution, says."
- quoted bySuggestedCassius 9, ¶ 2
Sect. 5, further provides, That each house shall keep a journal of its proceedings, and from time to time publish the same, &c. This clause is so openly marked with every feature of republicanism, and expressed in such liberal and comprehensive terms, that it needs no comment to render it acceptable to the…
Cites "Sect. 5" and reproduces the opening of this clause verbatim.
- cited bySuggestedAn American Citizen, Number III, ¶ 3
They can 〈◊〉 the attendance of their members, that their public duty may not be evaded in times of difficulty or danger—The vote of each repreſentative can be always known, as well as the proceedings of the houſe, that ſo the people may be acquainted with the conduct of thoſe in whom they repoſe ſo important a truſt.
The paragraph says each representative's vote and the proceedings of the house can always be known, which describes the journal and the record of yeas and nays in Article I, Section 5, Clause 3.
- quoted bySuggestedA Native of Virginia, Article I, ¶ 32
Each Houſe ſhall keep a journal of its proceedings, and from time to time publiſh the ſame, excepting ſuch parts as may in their judgement 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…
The paragraph prints Article I, Section 5, Clause 3 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.
Other writings
- quoted bySuggestedVirginia convention, June 14, 1788, ¶ 94
The 5th section of the 1st article provides, “that 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.” This enables them to keep the negotiations about treaties secret.
The speaker says "The 5th section of the 1st article provides" and quotes its words on each house keeping a journal of its proceedings and publishing it, excepting parts requiring secrecy.
Debates in Congress
- quoted bySuggestedHouse, December 6, 1803, ¶ 13
…the same, 'excepting such parts as may in their judgment ' quite secrecy; and the yeas and nays of the mem- ' bersofeilher House on any questioa,sliall, at the * desire of one-fifth of those present, be entered on 'the Journal." Now, according 10 the doctrine of the gentleman, unless the whole body is present, the yeas and nays cannot be entered, because there it no House unless all the…
The paragraph quotes Article I, Section 5, clause 3, "Each House shall keep a journal of its proceedings ... and the yeas and nays ... shall, at the desire of one-fifth of those present, be entered on the Journal."
- quoted bySuggestedHouse, December 6, 1803, ¶ 30
In the first, it is staled that "each House may determine the rules of its proceedings," Here the word House must mean a quorum.— — "Each House shall keep a Journal," &e.
The paragraph quotes "Each House shall keep a Journal," from Article I, Section 5, clause 3.
- quoted bySuggestedHouse, December 6, 1803, ¶ 33
"The yeas and nays of ihe members of either House on any question, shall, at the desire of one-fifth of those present, be entered on the Journal." Therefore, we cannot have the yeas and nays entered unless every member be present “ " Neither House shall, without the consent of ibe Other, adjourn for more thanthree…
The paragraph quotes "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," from Article I, Section 5, clause 3.
- quoted bySuggestedHouse, December 6, 1803, ¶ 47
In the fifth section of the first article it is said, "the yeas and nays of members of either House on any question, shall, at the desire of one-fifth of those present, be entered on the Journal." Why introduce this laa- |UBge ?
The paragraph quotes "the fifth section of the first article": "the yeas and nays of members of either House on any question, shall, at the desire of one-fifth of those present, be entered on the Journal."
- cited bySuggestedSenate, December 2, 1803, ¶ 40
…is requisite, and where nee of two-thirds is required, the Constitution is explicit in confining that two-thirds to the members present) as in cases of treaties and impeachments; -and also a fifth of the mem beta present requesting the yeas and nays.
The speaker names the rule of the Constitution that the yeas and nays are taken at the request of a fifth of the members present, which is Article I, Section 5, clause 3.
- quoted bySuggestedSenate, December 2, 1803, ¶ 115
…a treaty, the words are two-thirds of the Senators present." To convict on impeachment "twothirds of the members present." Yeas and nays are to be entered on the Journal " at the desire of one-fifth of those present." In the two first cases ills requisite to act immediately, whether twothirds of the whole are present or not ; then we see, the expressions are clear, "two-thirds" refers…
The paragraph quotes the rule that the yeas and nays are entered "at the desire of one-fifth of those present," the words of Article I, Section 5, clause 3.
The Supreme Court
Cases whose essays in the Constitution Annotated cite them under this clause, oldest first. Each link names the pages it comes from.
- interpreted bySuggestedMarshall Field & Co. v. Clark (1892)143 U.S. 649, decided February 29, 1892
The Constitution Annotated's essays on this provision cite the case on 2 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S5.C3.1, pp. 269, 270.
On Article I, Section 5 as a whole
- cited bySuggestedSenate, March 19, 1962, ¶ 412
- cited bySuggestedSenate, March 19, 1962, ¶ 426
- cited bySuggestedNorth Carolina convention, July 26, 1788, ¶ 2
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