Article I – Section I
“All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
Framers intended for this to be most powerful branch Most “familiar” Set up similar to parliament with some
improvements Use of Senate and House creates a
“bicameral” legislature
Section II - House
Clause 1: Members of the House will be elected every 2 years
Clause 2: Qualifications to be a member of the House of Reps 25 years old Live in the state you represent Citizen for 7 years
Aaron Schock, 30
Section II – (Continued)
Clause 3: Apportionment of representatives Each state will have at least 1 rep Must count population every 10 years (census) Originally included 3/5 compromise (removed by
14th amendment) Originally allowed for 1 rep / 30,000 people
Current number is about 1 rep / 700,000 Roughly 1/435 of the population
Wyoming, Vermont, Alaska, and ND don’t even have 1/435 of the population!
Section II - Continued
Clauses 4 and 5 How to fill vacancies and choose the
speaker/officers Gives sole power of impeachment (5)
Section III - Senate
Clause 1: 2 Senators from each state for 6 years Originally chosen by state legislatures 17th amendment allows for elections Designed to be the higher esteemed house
Clause 2: Divides senate in 3rds for reelection How to deal with vacancies (superseded by
17th am)
Section III - continued
Clause 3: Qualifications to be Senator 30 years old Citizen for 9 years Reside in state at time of election
John Henry Eaton
Clauses 4 – 5: Vice President will preside over senate and when he is out, the Senate will choose a President Pro Tempore
Daniel Inouye
Section III – continued
Clauses 6 – 7: Impeachment trials Requires 2/3 of members present Requires Chief Justice to preside for President If convicted, person can only be removed from
Office by Senate, no other punishment by the Senate
Person can still face criminal/civil trial
Section IV – Elections/Meeting
Clause 1: “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof…” Congress can tamper with this some (National
elections on same day, etc) Clause 2: Congress must meet once a year
20th amendment makes date Jan. 3rd
Section V – Procedures
Each house decides if members are qualified and properly elected
A quorum is required to do business Simple majority = quorum In practice, this is largely ignored
Rules are decided by each house Constitution requires 2/3 to expel a member
Requires a record of proceedings to be kept and published
Neither house can move or adjourn without the other’s permission
Section VI – Compensation/Priveleges
“The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States” 27th amendment: A change in compensation can’t
go into place until after the next election Proposed 1789, Ratified 1992 (202 years!)
Privilege from arrest during session Does not apply to major crimes
“Speech and Debate Clause” Can not be sued for slander during debates Must be part of the legislative process!
Section VI – Compensation/Privileges (cont’d) Senators/Representatives may NOT serve in
any other government role Different than Parliament!
Cabinet members required to be in Parliament
May not resign for a government job that is higher paying
Section VII – Legislative Process
All bills related to revenue must start in the House Not always done in practice
Clause 2 describes the legislative process Veto process also described
Takes 2/3 of BOTH houses to override a veto
Section VIII – Enumerated Powers
Lay and collect taxes Borrow money Establish naturalization procedures Coin Money (and punish counterfeiters) Establish weights and measures Establish post office/roads Provide for copyrights, patents Punish pirates!
Section VIII – Enumerated Powers“Commerce Clause”
Regulate commerce w/ nations and “among the several states” AKA: Interstate
commerce clause Has greatly
expanded congress’s power of interfering with free-market transactions
What can congress do with it? Tell a state what it can/can’t
do with transportation systems that connect to other states (Gibbons v. Ogden)
Make federal laws regulating local businesses if those businesses might ship items somewhere
“Stream of commerce” Make federal laws that affect
businesses that deal with people from different states
Basically, what it wants!
Section VIII – Enumerated PowersWar/Military Powers
Declare War Checks and balances Madison “thwart the tyranny of
kings” Issue “letters of marque and
reprisal” Authorize “privateers”
Raise and support an army Maintain a navy Regulate the land and naval
forces Court martials, etc
Call the militia to “repel invasions” and “supress insurrectons
“Staff” the military (Draft)
Section VIII – Enumerated Powers“Necessary and Proper” Clause “To make all Laws which shall be
necessary and proper for carrying into Execution the foregoing Powers” AKA the “elastic” clause HIGHLY controversial early on
Federalists: in favor, how could the Constitution function without it?
Anti-Federalists: opposed, allows congress to justify nearly anything
Section VIII – Enumerated Powers“Necessary and Proper” Clause (cont’d) McCulloch v. Maryland (1821)
Maryland was taxing a branch of the 2nd national bank
Congress not given power to make banks in the Constitution
SC said Maryland could NOT tax bank and the bank was necessary and proper
Other uses: Commerce clause, Federal Kidnapping law,
laws against harming government employees
Section IX – Limits on Powers
Can not ban slavery until 1808 Compromise to get
Southern states on board
Can not suspend the writ of Habeas Corpus Exceptions: rebellion,
public safety
Section IX – Limits on PowersContinued No bill of attainder
Laws that specifically target one person or group
Specifically identifies group Imposes punishment Does not allow for a trial
No Ex Post Facto Laws Laws that go into effect retroactively or punish
people retroactively Example: Convicted sex offenders have to
register when they move or join certain groups (Smith vs. Doe)
Section IX – Limits on PowersContinued No taxes on state exports No laws that “prefer” one state over another No money can be spent without
Appropriations No laws can grant nobility titles No sitting government official can accept
monetary gifts or titles from foreign governments
Section 10 – Limits on states
Clause 1 = states can’t do most of what Congress can’t do Contract Clause
State’s can’t write laws that interfere with contracts
States can’t tax exports/imports They CAN charge inspection fees, but any
profits go to the treasury department States can’t keep standing militaries during
peace time
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