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!
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 How to deal with vacancies (superseded by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
Took Oath at 28?

Clauses 4 – 5: Vice President

will preside over senate and
when he is out, the Senate will
choose a President Pro
Patrick Leahy Tempore
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  What can congress do with it?
w/ nations and  Tell a state what it can/can’t
“among the several do with transportation
states” systems that connect to
 AKA: Interstate other states (Gibbons v.
commerce clause Ogden)
 Make federal laws regulating
 Has greatly
expanded local businesses if those
businesses might ship items
congress’s power of
somewhere
interfering with free-
 “Stream of commerce”
market transactions
 Make federal laws that affect

businesses that deal with

people from different states
 Basically, what it wants!
 Section VIII – Enumerated Powers
War/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 Powers
Continued
 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 Powers
Continued
 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
Got all that?
ROLES OF MEMBERS OF
CONGRESS (MCS)
3 “Official Roles”
 Constituent Service

 Legislative Oversight/Investigation

 Law-Making

“4 ”
th Role – FUNDRAISING!!!!
 Not an official elected role
 Has become MOST time-consuming