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Published online by Cambridge University Press: 02 September 2013
The sine die adjournment of Congress on January 3 brought down the curtain on the longest and one of the most hectic and unique sessions in American history. As early as January 3, 1940, when the session began, the leaders of the House and Senate were looking forward to a program involving much controversy. But it is doubtful whether anyone anticipated a session drawn out over 367 days, during which $19,069,548,775 would be appropriated and 941 laws enacted. Many important bills were pending on the Senate and House calendars on the opening day, and measures on trade treaties, labor, agriculture, taxation, and debt limitation were certain to arise. Many congressmen rightly guessed that much defense legislation would be enacted. Around the Capitol during the opening weeks of the session, nevertheless, there was much sentiment for a more nearly balanced budget and for a curtailment of national expenditures. Barrages of criticism were thrown up against a continuation of the extensive executive powers previously conferred on the President, and particularly urging removal of certain governmental regulations on individuals or businesses. Pleas were made for a return to “congressional government.” And many members urged an early adjournment in order that representatives and senators might go home for campaign purposes.
1 No concurrent resolution for sine die adjournment was adopted. In accordance with the Constitution, Congress died automatically, each house adjourning separately.
2 The next longest session (65th Congress, 2nd session) ran for a period of 354 days.
3 The activity of the session was tremendous. The Congressional Record ran to 21,846 pages, and committee hearings, unusually extensive, to between 65,000 and 75,000 pages.
4 Representative Luce, speaking to the House as late as December 16, 1940, stated: “… Of supreme importance, under both Republican and Democratic control, has been the steady march toward subordination of the legislative branch of the government‥‥ With the World War, the President became, for the time being, supreme. After the war, the Senate reasserted itself. Legislative subordination, however, had become so acceptable to Congress as a whole that it continued to look to the President for leadership. The habit grew, until now almost no important bill is passed upon save upon administrative initiative or with previous approval of the Chief Executive. The effect of this has been to diminish the im portance of Congress.” Cong. Ree, 76th Cong., 3rd Sess., p. 21513 (hereafter references to the Record will give only page numbers).
5 After October 8, very little was done except for disposing of the conference report on the Ramspeck Civil Service Bill (H.R. 960) and Senate action on the Walter-Logan Administrative Court Procedure Bill (H.R. 6324).
6 Fulmer of South Carolina replaced Jones of Texas as chairman of the Committee on Agriculture; Kramer of California, who had been fourth ranking majority member of the Committee on Patents, was promoted to chairmanship of that committee, replacing Sirovich of New York; Cochran of Missouri became chairman of the Committee on Accounts, filling the vacancy created by the resignation of Warren of North Carolina; and O'Leary of New York took over the chairmanship of the Committee on Executive Expenditures, left vacant by Cochran of Missouri resigning that post to become chairman of the Committee on Accounts.
7 This method of limiting debate in the Senate is more effective than one normally thinks. Requests for such limitation, usually made by the majority floor leader, carry with them the pressure and force of the majority party's organization.
8 P. 4910.
9 Pp. 19736–19739.
10 Pp. 18754–18755.
11 P. 19634. The Vice-President replied: “The Senate can do nothing in a legislative way without a quorum. The want of a quorum has been developed. There fore, there is nothing for the chair to do except to direct the clerk to call the names of the absent senators.”
12 Pp. 2473–2474.
13 The calendars of special business include: Private, Consent, District, Calendar Wednesday, Suspension of the Rules, and the like.
14 See H.R. 801, Anti-Lynching Bill, and H.R. 9000, Veterans' Pension Bill. Neither became law.
15 For further details, see this Review, Vol. 33, p. 1038.
16 Each house played a more important rôle in legislative activity than the above figures show. The House actually passed 1,127 measures, as follows: 714 House bills, 356 Senate bills, 33 House joint resolutions, and 24 Senate joint resolutions. During the session, 3,713 bills and resolutions were introduced in the House. Of that number, 3,107 were House bills, 227 House joint resolutions, 58 House concurrent resolutions, and 321 House resolutions. House committees made 1,471 reports. The Senate actually passed 1,100 measures, as follows: 405 Senate bills, 619 House bills, 38 Senate joint resolutions, and 38 House joint resolutions. During the session, 1,709 bills and resolutions were introduced in the Senate. Of that number, 1,420 were Senate bills, 118 Senate joint resolutions, 25 Senate concurrent resolutions, and 146 Senate resolutions. Senate committees made 1,154 reports.
17 After the annual budget message was submitted in January, the President sent to the House and Senate 175 and 74 communications, respectively, submitting additional supplementary estimates. These estimates totaled approximately as much as the amount of the original budget estimates (pp. 20719–20724). Fora complete breakdown of the appropriations, see Appropriations Budget Estimates, etc., 76th Congress, Second and Third Sessions, by Marcellus C. Sheild, clerk of House Committee on Appropriations, and Everard H. Smith, clerk of Senate Committee on Appropriations, pp. 1–1212.
18 See S.3069 (P.L. 420) and H.R. 10361 (P.L. 792).
19 P. 2171.
20 H.R. 10361 (P.L. 792).
21 S. 4270 (P.L. 861).
22 S. 4164 (P.L. 783).
23 Pp. 17791–17792.
24 S. J. Res. 286 (P. Res. 96).
25 An amendment placing such a limitation was defeated in the Senate by 38 yeas (Dem. 22, Rep. 13, Others 3), 39 nays (Dem. 30, Rep. 9, Others 0). P. 15410.
26 P. 15412.
27 P. 15943.
28 Plan III was submitted on April 2, Plan IV on April 11, and Plan V on May 22.
29 The law requires a positive disapproval by both houses in order to defeat a reorganization proposal by the President.
30 The resolution was approved on June 4, making Plan V effective June 14.
31 P. 18621. There has been considerable agitation in Congress during the last few years for a tax on government securities. In the 75th Congress, the Senate adopted a resolution (8. Res. 303) setting up a special committee on the taxation of government securities and salaries (see Senate Report 2140 of 76th Congress). The report of that committee recommended the taxation of government securities, being signed by Senators Brown, Byrd, Miller, Burke, and Townsend.
32 P. 18445. The Finance Committee rejected the amendment by 17 to 3.
33 Pp. 13271–13272. When the amendment was pending before the House, Representative May, chairman of the House Military Affairs Committee, stated: “I am here today defending the jurisdiction and rights of a major committee of this House against the overriding and roundabout way of telling the House of Representatives that its committee cannot write legislation after six or eight weeks of hearings, and then after many hours and weeks of consideration in executive session.”
34 See H.J.Res. 407 (P.Res. 61).
35 The bill provided a uniform procedure for all federal administrative agencies, not otherwise exempt, and for a standard review of the orders and decisions of such agencies. A number of agencies were exempted.
36 See Civilian Nominations, Printed for the use of the Secretary of the Senate (Government Printing Office, 1941). The following table of nominations, prepared by Lewis W. Bailey, Executive Clerk, is of interest:
37 See H.J.Res. 407.
38 H.R. 3233.
39 See H.R. 5118.
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