Art. I, Sec. 5. Rules and Proceedings of the House and Senate

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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.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Law reviews

For comment on South v. Peters, 339 U.S. 276, 70 S. Ct. 641, 94 L. Ed. 834 (1950) denying federal jurisdiction in case involving apportionment, see 2 Mercer L. Rev. 275 (1950). For article considering the power of the United States House of Representatives to expel a member and the power of the judiciary to review such an expulsion, see 5 Ga. L. Rev. 203 (1971). For article discussing validity of “executive privilege” as defense to congressional demand for information, see 8 Ga. L. Rev. 809 (1974). For article, “Judging Congressional Elections,” see 51 Ga. L. Rev. 359 (2017). For article, “The Independent State Legislature Doctrine, Federal Elections, and State Constitutions,” see 55 Ga. L. Rev. 1 (2020).

Other notes

showing of denial of due process.: If judicial interference can be successfully invoked under U.S. Const., art. I, sec. V, cls. 1 and 2, it can only be upon a clear showing of such arbitrary and improvident use of the power as will constitute a denial of due process of law. Bond v. Floyd, 251 F. Supp. 333, 1966 U.S. Dist. LEXIS 9713 (N.D. Ga.), rev’d on other grounds, 385 U.S. 116, 87 S. Ct. 339, 17 L. Ed. 2d 235, 1966 U.S. LEXIS 75 (1966).
Senate power of self-protection.: Under the Constitution, the Senate of the United States necessarily possesses the inherent power of self-protection. Bond v. Floyd, 251 F. Supp. 333, 1966 U.S. Dist. LEXIS 9713 (N.D. Ga.), rev’d on other grounds, 385 U.S. 116, 87 S. Ct. 339, 17 L. Ed. 2d 235, 1966 U.S. LEXIS 75 (1966). tion of a proceeding brought under Art. 13, Ch. 2, T. 21, to obtain a recount of all or a portion of the ballots cast in an election for a representative to either House of Congress. Blackburn v. Hall, 115 Ga. App. 235, 154 S.E.2d 392, 1967 Ga. App. LEXIS 1074 (1967). A generalized assertion of privilege yields to a demonstrated, specific need for evidence in a pending criminal trial. Calley v. Callaway, 382 F. Supp. 650, 1974 U.S. Dist. LEXIS 6592 (M.D. Ga. 1974), rev’d on other grounds, 519 F.2d 184, 1975 U.S. App. LEXIS 12794 (5th Cir. 1975). Privilege may not be invoked at
Courts of this state have jurisdicexpense of defendant’s rights.: The legislative branch is not entitled to invoke privilege of confidentiality at the expense of an individual accused’s right to evidence at a criminal trial. Calley v. Callaway, 382 F. Supp. 650, 1974 U.S. Dist. LEXIS 6592 (M.D. Ga. 1974), rev’d on other grounds, 519 F.2d 184, 1975 U.S. App. LEXIS 12794 (5th Cir. 1975), cert. denied 425 U.S. 911, 96 S.Ct. 1505, 47 L.Ed. 2d 760, (1976). Since the government that prosecutes an accused also has the duty to protect the defendant’s constitutional rights, it may not undertake prosecution and then invoke its governmental privileges to deprive the accused of anything that might be material to the defense. Calley v. Callaway, 382 F. Supp. 650, 1974 U.S. Dist. LEXIS 6592 (M.D. Ga. 1974), rev’d on other grounds, 519 F.2d 184, 1975 U.S. App. LEXIS 12794 (5th Cir. 1975), cert. denied 425 U.S. 911, 96 S.Ct. 1505, 47 L.Ed. 2d 760, (1976).
Scope of power to investigate.: Although the power of Congress to investigate for legislative purposes is inherent, it is not unlimited, and is always subject to limitations imposed by the individual guarantees of the Bill of Rights. Calley v. Callaway, 382 F. Supp. 650, 1974 U.S. Dist. LEXIS 6592 (M.D. Ga. 1974), rev’d on other grounds, 519 F.2d 184, 1975 U.S. App. LEXIS 12794 (5th Cir. 1975), cert. denied 425 U.S. 911, 96 S.Ct. 1505, 47 L.Ed. 2d 760, (1976). There is no presidential privilege strably relevant in a criminal trial because of the guarantee of due process of law and the necessity to protect basic function of the courts. Calley v. Callaway, 382 F. Supp. 650, 1974 U.S. Dist. LEXIS 6592 (M.D. Ga. 1974), rev’d on other grounds, 519 F.2d 184, 1975 U.S. App. LEXIS 12794 (5th Cir. 1975), cert. denied 425 U.S. 911, 96 S.Ct. 1505, 47 L.Ed. 2d 760, (1976).
to withhold evidence that is demon-Am. Jur. 2d.: 17 Am. Jur. 2d, Contempt, § 213. 26 Am. Jur. 2d, Elections, § 399. 62B Am. Jur. 2d, Process, § 91. 77 Am. Jur. 2d, United States, §§ 3, 8, 15.
C.J.S.: 91 C.J.S., United States, §§ 21, 23, 30.
ALR.: State court jurisdiction over contest involving primary election for member of Congress, 68 A.L.R.2d 1320.

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