Waimea, HI asked in Constitutional Law for Hawaii

Q: Where does the US Constitution state that members of Congress must vote in person?

Speaker of the House says remote voting by members is unconstitutional, but I can't find that.

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James L. Arrasmith
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Answered

A: The U.S. Constitution does not explicitly require members of Congress to vote in person. The relevant provisions, such as Article I, Section 5, grant each House the authority to determine its rules of proceedings. This allows flexibility in how voting is conducted, leaving it to the discretion of the House and Senate to establish their own procedures.

Traditionally, Congress has required in-person voting for accountability and to maintain the integrity of legislative processes. However, during extraordinary circumstances like the COVID-19 pandemic, the House of Representatives adopted temporary rules allowing proxy voting, where members could designate others to vote on their behalf. This adaptation was rooted in the need to ensure continuity of government while addressing public health concerns.

Critics of remote or proxy voting argue it undermines the Constitution’s intent for deliberation and accountability in Congress, but supporters emphasize its practicality during emergencies. Since the Constitution doesn't explicitly forbid remote voting, the debate often centers on interpretations of the framers’ intent and the broader principles of legislative responsibility. Each chamber of Congress retains the power to decide what aligns with constitutional standards for their proceedings.

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