Article I: The Legislature

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!

http://blog.4president.us/2012/ec2012cook.GIF

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Clause 2: Divides senate in 3rds for reelection How to deal with vacancies (superseded by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