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Porter J. McCumber

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95-570: Porter James McCumber (February 3, 1858 – May 18, 1933) was a United States senator from North Dakota . He was a supporter of the 1906 "Pure Food and Drug Act", and of the League of Nations. Born in Crete, Illinois in 1858, he moved with his parents to a farm in Rochester, Minnesota , later that year. He attended the common schools and taught school for a few years. He graduated from

190-546: A check and balance on the powers of the executive and judicial branches of government. The composition and powers of the Senate are established by Article One of the United States Constitution . Each of the 50 states is represented by two senators who serve staggered six-year terms . In total, the Senate consists of 100 members. From its inception in 1789 until 1913, senators were appointed by

285-411: A nonpartisan blanket primary (also known as a "jungle primary" or "top-two primary") is held in which all candidates participate in a single primary regardless of party affiliation and the top two candidates in terms of votes received at the primary election advance to the general election, where the winner is the candidate with the greater number of votes. In Louisiana, the blanket primary is considered

380-471: A chair in the front of the Senate chamber. The powers of the presiding officer of the Senate are far less extensive than those of the speaker of the House . The presiding officer calls on senators to speak (by the rules of the Senate, the first senator who rises is recognized); ruling on points of order (objections by senators that a rule has been breached, subject to appeal to the whole chamber); and announcing

475-616: A deterrent effect upon would-be violators. Deficiencies in this original statute, which had become noticeable by the 1920s, led to the replacement of the 1906 statute with the Federal Food, Drug, and Cosmetic Act which was enacted in 1938 and signed by President Franklin Roosevelt. This act, along with its numerous amendments, remains the statutory basis for federal regulation of all foods, drugs, biological products, cosmetics, medical devices, tobacco, and radiation-emitting devices by

570-474: A full-term). The Seventeenth Amendment permits state legislatures to empower their governors to make temporary appointments until the required special election takes place. The manner by which the Seventeenth Amendment is enacted varies among the states. A 2018 report breaks this down into the following three broad categories (specific procedures vary among the states): In ten states within

665-407: A majority of the Senate constitutes a quorum to do business. Under the rules and customs of the Senate, a quorum is always assumed as present unless a quorum call explicitly demonstrates otherwise. A senator may request a quorum call by "suggesting the absence of a quorum"; a clerk then calls the roll and notes which members are present. In practice, senators rarely request quorum calls to establish

760-418: A method to remove that disqualification: a two-thirds vote of both chambers of Congress. Originally, senators were selected by the state legislatures , not by popular elections . By the early years of the 20th century, the legislatures of as many as 29 states had provided for popular election of senators by referendums. Popular election to the Senate was standardized nationally in 1913 by the ratification of

855-575: A more deliberative and prestigious body than the House of Representatives due to its longer terms, smaller size, and statewide constituencies, which historically led to a more collegial and less partisan atmosphere. The Senate chamber is located in the north wing of the Capitol Building in Washington, D.C. , the nation's capital. Despite not being a senator, the vice president of

950-456: A period of rapid changes in the food supply brought about by the need to feed cities and support an industrializing nation increasingly dependent on immigrant labor. Wiley recruited young men to eat all their meals at a common table as he added increased "doses" of preservatives including borax, benzoate, formaldehyde, sulfites, and salicylates. The table trials captured the nation's fancy and were soon dubbed "The Poison Squad" by newspapers covering

1045-401: A regular or special Senate election. Senators serve terms of six years each; the terms are staggered so that approximately one-third of the seats are up for election every two years. This was achieved by dividing the senators of the 1st Congress into thirds (called classes ), where the terms of one-third expired after two years, the terms of another third expired after four, and the terms of

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1140-556: A representative must be twenty-five. And the former must have been a citizen nine years; as seven years are required for the latter. The propriety of these distinctions is explained by the nature of the senatorial trust, which, requiring greater extent of information and stability of character, requires at the same time that the senator should have reached a period of life most likely to supply these advantages; and which, participating immediately in transactions with foreign nations, ought to be exercised by none who are not thoroughly weaned from

1235-423: A result, it is uncertain whether an Alaska governor may appoint an interim senator to serve until a special election is held to fill the vacancy. In May 2021, Oklahoma permitted its governor again to appoint a successor who is of the same party as the previous senator for at least the preceding five years when the vacancy arises in an even-numbered year, only after the appointee has taken an oath not to run in either

1330-514: A senator by a two-thirds vote. Fifteen senators have been expelled in the Senate's history: William Blount , for treason, in 1797, and fourteen in 1861 and 1862 for supporting the Confederate secession . Although no senator has been expelled since 1862, many senators have chosen to resign when faced with expulsion proceedings – for example, Bob Packwood in 1995. The Senate has also censured and condemned senators; censure requires only

1425-447: A separate ballot referendum that took effect on the same day, but that conflicted with each other. The effect of the ballot-approved law is to withhold from the governor authority to appoint a senator. Because the 17th Amendment vests the power to grant that authority to the legislature – not the people or the state generally – it is unclear whether the ballot measure supplants the legislature's statute granting that authority. As

1520-628: A settlement with the United States government to reduce the caffeine amount. In addition to caffeine, the Pure Food and Drug Act required that drugs such as alcohol , cocaine , heroin , morphine , and cannabis , be accurately labeled with contents and dosage. Previously many drugs had been sold as patent medicines with secret ingredients or misleading labels. Cocaine, heroin, cannabis, and other such drugs continued to be legally available without prescription as long as they were labeled. It

1615-443: A simple majority and does not remove a senator from office. Some senators have opted to withdraw from their re-election races rather than face certain censure or expulsion, such as Robert Torricelli in 2002. The "majority party" is the political party that either has a majority of seats or can form a coalition or caucus with a majority of seats; if two or more parties are tied, the vice president's affiliation determines which party

1710-596: A staunch Republican, was elected to the territorial House of Representatives in 1884 and the territorial Senate in 1886. He served as the state attorney of Richland County from 1889 to 1891. In an effort to resolve disputes over hunting territory, in 1858 the Chippewas and Dakotas , with the assistance of U.S. negotiators, agreed to the "Sweet Corn Treaty", defining their respective lands. The Chippewa lands were about 11,000,000 acres. The Dakota Territory became an organized territory on March 2, 1861. Two years later,

1805-465: A uniform law) the power to legislate a method by which senators are elected. Ballot access rules for independent and minor party candidates also vary from state to state. In 45 states, a primary election is held first for the Republican and Democratic parties (and a select few third parties , depending on the state) with the general election following a few months later. In most of these states,

1900-410: Is anticipated. The Constitution authorizes the Senate to elect a president pro tempore ( Latin for "president for a time"), who presides over the chamber in the vice president's absence and is, by custom, the senator of the majority party with the longest record of continuous service. Like the vice president, the president pro tempore does not normally preside over the Senate, but typically delegates

1995-419: Is sold B.-In the case of food or drink: * If any substance or substances has or have been mixed with it as to reduce or lower or injuriously affect its quality of strength * If any inferior or cheaper substance or substances have been substituted wholly or in part for the article *If any valuable constituent of the article has been wholly or is part abstracted * If it be an imitation of or be sold under

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2090-468: Is the majority party. One hundred desks are arranged in the chamber in a semicircular pattern and are divided by a wide central aisle. The Democratic Party traditionally sits to the presiding officer's right, and the Republican Party traditionally sits to the presiding officer's left, regardless of which party has a majority of seats. Each senator chooses a desk based on seniority within

2185-437: Is the majority party. The next-largest party is known as the minority party. The president pro tempore, committee chairs, and some other officials are generally from the majority party; they have counterparts (for instance, the "ranking members" of committees) in the minority party. Independents and members of third parties (so long as they do not caucus support either of the larger parties) are not considered in determining which

2280-574: Is the sole judge of a senator's qualifications. During its early years, however, the Senate did not closely scrutinize the qualifications of its members. As a result, four senators who failed to meet the age requirement were nevertheless admitted to the Senate: Henry Clay (aged 29 in 1806), John Jordan Crittenden (aged 29 in 1817), Armistead Thomson Mason (aged 28 in 1816), and John Eaton (aged 28 in 1818). Such an occurrence, however, has not been repeated since. In 1934, Rush D. Holt Sr.

2375-618: The Constitution debated more about how to award representation in the Senate than about any other part of the Constitution. While bicameralism and the idea of a proportional "people's house" were widely popular, discussions about Senate representation proved contentious. In the end, some small states—unwilling to give up their equal power with larger states under the Articles of Confederation —threatened to secede in 1787, and won

2470-529: The Federal Employees Retirement System (FERS) or Civil Service Retirement System (CSRS). FERS has been the Senate's retirement system since January 1, 1987, while CSRS applies only for those senators who were in the Senate from December 31, 1986, and prior. As it is for federal employees, congressional retirement is funded through taxes and the participants' contributions. Under FERS, senators contribute 1.3% of their salary into

2565-613: The Seventeenth Amendment . Elections to the Senate are held on the first Tuesday after the first Monday in November in even-numbered years, Election Day , and occur simultaneously with elections for the House of Representatives . Senators are elected by their state as a whole. The Elections Clause of the United States Constitution grants each state (and Congress, if it so desires to implement

2660-716: The Wiley Act and Dr. Wiley 's Law , was the first of a series of significant consumer protection laws enacted by the United States Congress , and led to the creation of the Food and Drug Administration (FDA). Its main purpose was to ban foreign and interstate traffic in adulterated or mislabeled food and drug products, and it directed the US Bureau of Chemistry to inspect products and refer offenders to prosecutors. It required that active ingredients be placed on

2755-413: The gavel of the Senate to maintain order. A " hold " is placed when the leader's office is notified that a senator intends to object to a request for unanimous consent from the Senate to consider or pass a measure. A hold may be placed for any reason and can be lifted by the senator who placed it at any time. A senator may place a hold simply to review a bill, to negotiate changes to the bill, or to kill

2850-434: The parliamentarian . In the early 1920s, the practice of majority and minority parties electing their floor leaders began. The Senate's legislative and executive business is managed and scheduled by the Senate's majority leader, who on occasion negotiates some matters with the Senate's minority leader. A prominent practice in the Senate is the filibuster on some matters and its remedy the vote on cloture . The drafters of

2945-414: The senior senator , while the other is the junior senator . For example, majority leader Chuck Schumer is the senior senator from New York, having served in the senate since 1999, while Kirsten Gillibrand is New York's junior senator, having served since 2009. Like members of the House of Representatives, Senators use the prefix " The Honorable " before their names. Senators are usually identified in

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3040-423: The state legislature of their respective states. However, since 1913, following the ratification of the Seventeenth Amendment , senators have been elected through a statewide popular vote . As the upper chamber of Congress, the Senate has several powers of advice and consent . These include the approval of treaties , as well as the confirmation of Cabinet secretaries , federal judges (including justices of

3135-418: The 1906 statute, during which time the public was made aware of many problems with foods and drugs in the U.S. Muckraking journalists, such as Samuel Hopkins Adams , targeted the patent medicine industry with its high-alcoholic content patent medicines, soothing syrups for infants with opium derivatives, and "red clauses" in newspaper contracts providing that patent medicine ads (upon which most newspapers of

3230-715: The Committee on Indian Affairs (Fifty-ninth Congress), the Committee on Transportation Routes to the Seaboard (Sixty-third to Sixty-fifth Congresses), and the Committee on Finance (Sixty-seventh Congress). In 1905, McCumber was an ardent advocate of a pure food law . One of his main legislative accomplishments was the Fordney–McCumber Tariff Act of 1922. In his position on the Pension Committee, he

3325-555: The Congress to determine its convening and adjournment dates and other dates and schedules as it desires. Article 1, Section 3, provides that the president has the power to convene Congress on extraordinary occasions at his discretion. A member who has been elected, but not yet seated, is called a senator-elect ; a member who has been appointed to a seat, but not yet seated, is called a senator-designate . The Constitution requires that senators take an oath or affirmation to support

3420-430: The Constitution stipulates that no constitutional amendment may be created to deprive a state of its equal suffrage in the Senate without that state's consent. The United States has had 50 states since 1959, thus the Senate has had 100 senators since 1959. Before the adoption of the Seventeenth Amendment in 1913, senators were elected by the individual state legislatures . Problems with repeated vacant seats due to

3515-519: The Constitution, the vice president serves as president of the Senate. They may vote in the Senate ( ex officio , for they are not an elected member of the Senate) in the case of a tie, but are not required to. For much of the nation's history the task of presiding over Senate sessions was one of the vice president's principal duties (the other being to receive from the states the tally of electoral ballots cast for president and vice president and to open

3610-600: The Constitution. Congress has prescribed the following oath for all federal officials (except the President), including senators: I, ___ ___, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge

3705-781: The FDA) regulated food safety. In 1927, the Bureau was reorganized into the Food, Drug, and Insecticide Administration and the Bureau of Chemistry and Soils. The FDIA was renamed the FDA in 1930." The law itself was largely replaced by the much more comprehensive Federal Food, Drug, and Cosmetic Act of 1938. The Pure Food and Drug Act was initially concerned with ensuring products were labeled correctly. Later efforts were made to outlaw certain products that were not safe, followed by efforts to outlaw products which were safe but not effective. For example, there

3800-583: The FERS retirement plan and pay 6.2% of their salary in Social Security taxes. The amount of a senator's pension depends on the years of service and the average of the highest three years of their salary. The starting amount of a senator's retirement annuity may not exceed 80% of their final salary. In 2006, the average annual pension for retired senators and representatives under CSRS was $ 60,972, while those who retired under FERS, or in combination with CSRS,

3895-548: The Pure Food and Drug Act and the Federal Meat Inspection Act of 1906 . The Pure Food and Drug Act of 1906 was a key piece of Progressive Era legislation, signed by President Theodore Roosevelt on the same day as the Federal Meat Inspection Act . Enforcement of the Pure Food and Drug Act was assigned to the Bureau of Chemistry in the U.S. Department of Agriculture which was renamed the U.S. Food and Drug Administration (FDA) in 1930. The Meat Inspection Act

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3990-861: The Red River of the North to the United States government in exchange for a nominal amount of money to be paid to the Chippewa. Chief Little Shell signed for the Pembina band. By 1875, the Government had compelled a substantial part of the Pembinas, on threat of loss of their annuities from the 1863 cession, to move from the unceded portion to the White Earth reservation in Minnesota. The rest remained in

4085-443: The Senate mails one of three forms to the state's governor to inform them of the proper wording to certify the appointment of a new senator. If a special election for one seat happens to coincide with a general election for the state's other seat, each seat is contested separately. A senator elected in a special election takes office as soon as possible after the election and serves until the original six-year term expires (i.e. not for

4180-654: The Senate for the League of Nations . McCumber resumed the practice of law in Washington, D.C., and was appointed by President Calvin Coolidge in 1925 as a member of the International Joint Commission to pass upon all cases involving the use of the boundary waters between the United States and Canada . He served in that capacity until his death in Washington, DC, in 1933. His first interment

4275-444: The Senate has several officers who are not members. The Senate's chief administrative officer is the secretary of the Senate , who maintains public records, disburses salaries, monitors the acquisition of stationery and supplies, and oversees clerks. The assistant secretary of the Senate aids the secretary's work. Another official is the sergeant at arms who, as the Senate's chief law enforcement officer, maintains order and security on

4370-482: The Senate premises. The Capitol Police handle routine police work, with the sergeant at arms primarily responsible for general oversight. Other employees include the chaplain , who is elected by the Senate, and pages , who are appointed. The Senate uses Standing Rules for operation. Like the House of Representatives , the Senate meets in the United States Capitol in Washington, D.C. At one end of

4465-503: The Supreme Court ), flag officers , regulatory officials, ambassadors , other federal executive officials , and federal uniformed officers . If no candidate receives a majority of electors for vice president , the duty falls to the Senate to elect one of the top two recipients of electors for that office. The Senate conducts trials of officials who have been impeached by the House. The Senate has typically been considered both

4560-553: The U.S. Food and Drug Administration . An 1882 article in Scientific American describes "New Laws for Analyzing Food and Drugs" and highlights historical aspects. Part of the draft stated: "An article shall be deemed to be adulterated within the meaning of this act. A.-In the case of drugs: * If, when sold under or by a name recognized in the United States Pharmacopeia, it differs from

4655-409: The United States serves as presiding officer and president of the Senate by virtue of that office ; the vice president may vote only if the Senate is equally divided. In the vice president's absence, the president pro tempore , who is traditionally the most senior member of the Senate's majority party, presides over the Senate, and more often by rule allows a junior senator to take the chair, guided by

4750-536: The United States Constitution disqualifies as senators any federal or state officers who had taken the requisite oath to support the Constitution but who later engaged in rebellion or aided the enemies of the United States. This provision, which came into force soon after the end of the Civil War, was intended to prevent those who had sided with the Confederacy from serving. That Amendment, however, also provides

4845-479: The United States for at least nine years; and (3) they must be inhabitants of the states they seek to represent at the time of their election. The age and citizenship qualifications for senators are more stringent than those for representatives. In Federalist No. 62 , James Madison justified this arrangement by arguing that the "senatorial trust" called for a "greater extent of information and stability of character": A senator must be thirty years of age at least; as

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4940-539: The area of Turtle Mountain. In 1882, the Turtle Mountain Reservation of about 460,000 acres was established. Two years later, the area was reduced to about 46,000 acres. The federal government did not include in its calculations those Chippewas who periodically crossed over to Canada for hunting, nor the Metis , the offspring of a Chippewas mother and an English or French fur trader. The reservation

5035-409: The bill. A bill can be held for as long as the senator who objects to the bill wishes to block its consideration. Holds can be overcome, but require time-consuming procedures such as filing cloture. Holds are considered private communications between a senator and the leader, and are sometimes referred to as "secret holds". A senator may disclose the placement of a hold. The Constitution provides that

5130-483: The certificates "in the Presence of the Senate and House of Representatives", so that the total votes could be counted). Since the 1950s, vice presidents have presided over few Senate debates. Instead, they have usually presided only on ceremonial occasions, such as swearing in new senators, joint sessions, or at times to announce the result of significant legislation or nomination, or when a tie vote on an important issue

5225-409: The chamber of the Senate is a dais from which the presiding officer presides. The lower tier of the dais is used by clerks and other officials. Sessions of the Senate are opened with a special prayer or invocation and typically convene on weekdays. Sessions of the Senate are generally open to the public and are broadcast live on television, usually by C-SPAN 2 . Senate procedure depends not only on

5320-607: The day by a vote of 5–4 in what became known as the Connecticut Compromise . The Connecticut Compromise provided, among other things, that each state—regardless of population—would be represented by two senators. First convened in 1789, the Senate of the United States was formed on the example of the ancient Roman Senate . The name is derived from the senatus , Latin for council of elders , derived from senex , meaning old man in Latin. Article Five of

5415-524: The duties of the office on which I am about to enter. So help me God. The annual salary of each senator, since 2009, is $ 174,000; the president pro tempore and party leaders receive $ 193,400. In 2003, at least 40 senators were millionaires; by 2018, over 50 senators were millionaires (partly due to inflation). Along with earning salaries, senators receive retirement and health benefits that are identical to other federal employees, and are fully vested after five years of service. Senators are covered by

5510-405: The federal bicameral legislature of the United States . Together, the Senate and the House have the authority under Article One of the U.S. Constitution to pass or defeat federal legislation. The Senate has exclusive power to confirm U.S. presidential appointments to high offices, approve or reject treaties, and try cases of impeachment brought by the House. The Senate and the House provide

5605-725: The federal government, pressured by people who wished to settle there, entered into negotiations with the Pembina and the Red Lake Chippewas. One of the representatives of the Pembina Chippewa, who lived west of the Red River, was Little Shell. The U.S. Government asked the Chippewas to cede about 9 million acres. In 1863, the United States signed The Old Crossing Treaty with the Red Lake and Pembina Bands of Chippewa who ceded several thousand acres of Indian lands near

5700-534: The final category above – Arizona , Hawaii , Kentucky , Maryland , Montana , North Carolina , Oklahoma , Utah , West Virginia , and Wyoming – the governor must appoint someone of the same political party as the previous incumbent. In September 2009, Massachusetts changed its law to enable the governor to appoint a temporary replacement for the late senator Edward Kennedy until the special election in January 2010. In 2004, Alaska enacted legislation and

5795-586: The first time and prescribed penalties for each. The law recognized the U.S. Pharmacopeia and the National Formulary as standards authorities for drugs, but made no similar provision for federal food standards. The law was principally a "truth in labeling" law designed to raise standards in the food and drug industries and protect the reputations and pocketbooks of honest businessmen. Under the law, drug labels, for example, had to list any of 10 ingredients that were deemed "addictive" and/or "dangerous" on

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5890-413: The general election and candidates receiving a majority of the votes is declared the winner, skipping a run-off. In Maine and Alaska , ranked-choice voting is used to nominate and elect candidates for federal offices, including the Senate. The Seventeenth Amendment requires that vacancies in the Senate be filled by special election. Whenever a senator must be appointed or elected, the secretary of

5985-503: The inability of a legislature to elect senators, intrastate political struggles, bribery and intimidation gradually led to a growing movement to amend the Constitution to allow for the direct election of senators. In contrast to the House of Representatives, the Senate has historically had stronger norms of conduct for its members. Article I, Section 3, of the Constitution , sets three qualifications for senators: (1) they must be at least 30 years old; (2) they must have been citizens of

6080-416: The inside of the desk's drawer with a pen. Except for the president of the Senate (who is the vice president), the Senate elects its own officers, who maintain order and decorum, manage and schedule the legislative and executive business of the Senate, and interpret the Senate's rules, practices and precedents. Many non-member officers are also hired to run various day-to-day functions of the Senate. Under

6175-636: The label of a drug's packaging and that drugs could not fall below purity levels established by the United States Pharmacopeia or the National Formulary . In the late 1800s, the quality of food in the US decreased significantly as populations moved to cities and the time from farm to market increased. Many food producers turned to using dangerous preservatives, including formaldehyde , to keep food appearing fresh. Simultaneously,

6270-418: The last third expired after six years. This arrangement was also followed after the admission of new states into the union. The staggering of terms has been arranged such that both seats from a given state are not contested in the same general election, except when a vacancy is being filled. Class I comprises Senators whose six-year terms are set to expire on January 3, 2025. There is no constitutional limit to

6365-518: The law department of the University of Michigan at Ann Arbor in 1880. He was admitted to the bar and began his practice at Wahpeton, Dakota Territory , in 1881. In his youth, he reportedly worked as a grain stacker on the farm of George Worner , near Great Bend . Worner was one of the town's founders and served in the county government. McCumber married Jennie M. Schorning of Wahpeton on May 29, 1889. By 1899, they had two children. McCumber,

6460-459: The law were modest, but an under-appreciated provision of the Act proved more powerful than monetary penalties. Goods found in violation of various areas of the law were subject to seizure and destruction at the expense of the manufacturer. That, combined with a legal requirement that all convictions be published as Notices of Judgment, proved to be important tools in the enforcement of the statute and had

6555-442: The media and other sources by party and state; for example, Democratic majority leader Chuck Schumer , who represents New York, may be identified as "D–New York" or (D-NY). And sometimes they are identified as to whether they are the junior or senior senator in their state ( see above ). Unless in the context of elections, they are rarely identified by which one of the three classes of senators they are in. The Senate may expel

6650-466: The name of another article * If it consists wholly or in part of a diseased or decomposed, or putrid or rotten, animal or vegetable substance, whether manufactured or not, or in the case of milk, if it is the produce of a diseased animal * If it be colored, or coated, or polished, or powdered, whereby damage is concealed, or it is made to appear better than it really is, or of greater value" ― Scientific American , 7 Jan 1882 It took 27 years to adopt

6745-456: The nominee may receive only a plurality, while in some states, a runoff is required if no majority was achieved. In the general election, the winner is the candidate who receives a plurality of the popular vote. However, in five states, different methods are used. In Georgia , a runoff between the top two candidates occurs if the plurality winner in the general election does not also win a majority. In California , Washington , and Louisiana ,

6840-454: The number of terms a senator may serve. The Constitution set the date for Congress to convene — Article 1, Section 4, Clause 2, originally set that date for the third day of December. The Twentieth Amendment , however, changed the opening date for sessions to noon on the third day of January, unless they shall by law appoint a different day. The Twentieth Amendment also states that the Congress shall assemble at least once every year, and allows

6935-463: The party. By custom, the leader of each party sits in the front row along the center aisle. Forty-eight of the desks date back to 1819, when the Senate chamber was reconstructed after the original contents were destroyed in the 1812 Burning of Washington . Further desks of similar design were added as new states entered the Union. It is a tradition that each senator who uses a desk inscribes their name on

7030-405: The prepossessions and habits incident to foreign birth and education. The term of nine years appears to be a prudent mediocrity between a total exclusion of adopted citizens, whose merits and talents may claim a share in the public confidence, and an indiscriminate and hasty admission of them, which might create a channel for foreign influence on the national councils. The Senate (not the judiciary)

7125-427: The product label if they were present, and could not list them if they were not present. Alcohol , morphine , opium , and cannabis were all included on the list of these "addictive" and/or "dangerous" drugs. The law also established a federal cadre of food and drug inspectors that one Southern opponent of the legislation criticized as "a Trojan horse with a bellyful of inspectors and other employees." Penalties under

7220-417: The quality of medicine was appalling. Quack medicine was common, and many drugs were addictive or dangerous without actually providing a curative effect. Opium and alcohol were chief ingredients, even in infant medicines. The work of muckraking journalists exposed the practices of food and drug industries and caused public outcry. Foremost among such exposés was The Jungle by Upton Sinclair , published

7315-414: The quorum as present; instead, quorum calls are generally used to temporarily delay proceedings. Usually, such delays are used while waiting for a senator to reach the floor to speak or to give leaders time to negotiate. Once the need for a delay has ended, a senator may request unanimous consent to rescind the quorum call. Pure Food and Drug Act The Pure Food and Drug Act of 1906 , also known as

7410-461: The responsibility of presiding to a majority-party senator who presides over the Senate, usually in blocks of one hour on a rotating basis. Frequently, freshmen senators (newly elected members) are asked to preside so that they may become accustomed to the rules and procedures of the body. It is said that, "in practice they are usually mere mouthpieces for the Senate's parliamentarian , who whispers what they should do". The presiding officer sits in

7505-399: The results of votes. Each party elects Senate party leaders . Floor leaders act as the party chief spokesmen. The Senate majority leader is responsible for controlling the agenda of the chamber by scheduling debates and votes. Each party elects an assistant leader (whip) , who works to ensure that his party's senators vote as the party leadership desires. In addition to the vice president,

7600-434: The rules, but also on a variety of customs and traditions. The Senate commonly waives some of its stricter rules by unanimous consent . Unanimous consent agreements are typically negotiated beforehand by party leaders. A senator may block such an agreement, but in practice, objections are rare. The presiding officer enforces the rules of the Senate, and may warn members who deviate from them. The presiding officer sometimes uses

7695-410: The same year as the act. With its graphic and revolting descriptions of unsanitary conditions and unscrupulous practices rampant in the meat-packing industry , it kept the public's attention on the extreme unhygienic conditions in meat processing plants. Sinclair quipped, "I aimed at the public's heart and by accident I hit it in the stomach," as an outraged public demanded government action, resulting in

7790-607: The settlement. Negotiations continued with a Council of 32" selected by the local federal agent, John Waugh. Although Little Shell traveled to Washington, D.C. to file a protest in Washington regarding the negotiations, the McCumber Agreement was accepted by Congress in 1904. The Turtle Mountain Band of Chippewas received $ 1,000,000 for the 9,000,000 acres they ceded. McCumber was elected to the US Senate in 1899. McCumber

7885-406: The standard of strength, quality, or purity laid down in such work. * If when sold under or by a name not recognized in the United States Pharmacopeia, but which is found in some other pharmacopeia or ether standard work on materia medica, it differs from the standard of strength, quality, or purity laid down in such work. * If its strength or purity fall below the professed standard under which it

7980-555: The story. The men soon adopted the motto "Only the Brave dare eat the fare" and at times the publicity given to the trials became a burden. Though many results of the trial came to be in dispute, there was no doubt that formaldehyde was dangerous and it disappeared quickly as a preservative. Wiley himself felt that he had found adverse effects from large doses of each of the preservatives and the public seemed to agree with Wiley. In many cases, most particularly with ketchup and other condiments,

8075-428: The time were dependent) would be withdrawn if the paper expressed support for food and drug regulatory legislation. The Chief Chemist of the Bureau of Chemistry, Dr. Harvey Washington Wiley , captured the country's attention with his hygienic table studies, which began with a modest Congressional appropriation in 1902. The goal of the table trial was to study the human effects of common preservatives used in foods during

8170-655: The use of preservatives was often used to disguise unsanitary production practices. Although the law itself did not proscribe the use of some of these preservatives, consumers increasingly turned away from many products with known preservatives. The 1906 statute regulated food and drugs moving in interstate commerce and forbade the manufacture, sale, or transportation of poisonous patent medicines. The Act arose due to public education and exposés from public interest guardians such as Upton Sinclair and Samuel Hopkins Adams, social activist Florence Kelley , researcher Harvey W. Wiley , and President Theodore Roosevelt. The 1906 Act paved

8265-451: The way for the eventual creation of the Food and Drug Administration (FDA) and is generally considered to be that agency's founding date, though the agency existed before the law was passed and was not named FDA until later. "While the Food and Drug act remains a foundational law of the FDA mission, it's not the law that created the FDA. [Initially,] the Bureau of Chemistry (the precursor to

8360-402: Was $ 35,952. By tradition, seniority is a factor in the selection of physical offices and in party caucuses' assignment of committees. When senators have been in office for the same length of time, a number of tiebreakers are used, including comparing their former government service and then their respective state population. The senator in each state with the longer time in office is known as

8455-471: Was an attempt to outlaw Coca-Cola in 1909 because of its excessive caffeine content; caffeine had replaced cocaine as the active ingredient in Coca-Cola in 1903. In the case United States v. Forty Barrels and Twenty Kegs of Coca-Cola , the judge found that Coca-Cola had a right to use caffeine as it saw fit, although Coca-Cola eventually lost when the government appealed to the Supreme Court. It reached

8550-496: Was assigned to what is now known as the Food Safety and Inspection Service , which remains in the U.S. Department of Agriculture. The first federal law regulating foods and drugs, the 1906 Act's reach was limited to foods and drugs moving in interstate commerce . Although the law drew upon many precedents, provisions, and legal experiments pioneered in individual states, the federal law defined "misbranding" and "adulteration" for

8645-415: Was elected to the Senate at the age of 29; he waited until he turned 30 (on the next June 19) to take the oath of office. On November 7, 1972, Joe Biden was elected to the Senate at the age of 29, which was only 13 days prior to his 30th birthday on November 20, 1972. Therefore, he reached his 30th birthday before the swearing-in ceremony for incoming senators in January 1973. The Fourteenth Amendment to

8740-434: Was entirely too small. By 1892 McCumber was a federal commissioner. He and others met with Chief Little Shell who wanted to retain more land than acceptable to the commission, and refused to accept the terms, including the government's offer of 10 cents an acre for 10 million acres of prime farming land. He walked out of the negotiations in protest and never signed the subsequent McCumber Agreement. His people were left out of

8835-601: Was in Abbey Mausoleum , adjoining Arlington National Cemetery . His remains were removed and reinterred at Columbia Gardens Cemetery , in Arlington, Virginia . United States senator Minority (49) The United States Senate is the upper chamber of the United States Congress . The Senate and the United States House of Representatives (which is the lower chamber of Congress) comprise

8930-517: Was part of the interrogation of Colonel W.S. Metcalfe on the alleged shooting of unarmed prisoners during the Philippine–American War , at the Battle of Caloocan , on February 10, 1899. Brigadier General Frederick Funston was accused of interfering with an investigation into the alleged shooting. Metcalfe denied the charges. McCumber was Woodrow Wilson 's staunchest Republican supporter in

9025-438: Was re-elected in 1905, 1911, and 1916 and served from March 4, 1899, to March 4, 1923. He was an unsuccessful candidate for renomination in 1922, having been defeated in the Republican primary by former governor Lynn Frazier . In the Senate, he was chairman of the Committee on Manufactures (Fifty-seventh Congress) and a member of the Committee on Pensions (Fifty-eighth to Sixty-second and Sixty-sixth and Sixty-seventh Congresses),

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