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- Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. The Congress is a bicameral legislature consisting of a House of Representatives and a Senate
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Article One of the Constitution of the United States establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate .
- Section 2: House of Representatives
- Section 3: Senate
- Section 4: Congressional Elections
- Section 5: Procedure
- Section 6: Compensation, Privileges, and Restrictions on Holding Civil Office
- Section 7: Bills
- Section 8: Powers of Congress
- Section 10: Limits on The States
Clause 1: Composition and election of Members
Section Two provides for the election every two years of members of the House of Representatives by the people of the respective states.The "electors" (voters) in the state are those who the state decides are eligible to vote for "the most numerous Branch of the State Legislature" are eligible to vote for members of the House of Representatives from that state.
Clause 2: Qualifications of Members
The Constitution provides three requirements for Representatives. A Representative must be at least 25 years old. He or she must live in the state in which he or she is elected. A Representative must also have been a citizen of the United Statesfor the previous seven years.
Clause 3: Apportionment of Representatives and taxes
After much debate, the framers of the Constitution compromised and made population the basis of determining the number of seats (called apportionment) in the House of Representatives. It also used apportionment to determine the tax liability among the states. To accomplish this, the Constitution requires that a censusbe conducted every ten years. This is to determine the population of each state and of the nation as a whole. It also establishes a rule for who should and who should not be incl...
Clause 1: Composition; Election of Senators
The first Clause of Section Three provides that each state is entitled to have two Senators. It states they would be elected by its state legislature and serve six-year terms. Each Senator has one vote. By these provisions, the framers of the Constitution intended to protect the interests of the states as states. However, this clause has been superseded by the Seventeenth Amendment, ratified in 1913. Due to problems in the Senate, it was changed to Senators would now be elected by the people...
Clause 2: Classification of Senators; Vacancies
Approximately one-third of the Senate is up for re-election every two years. But the entire body is never up for re-election in the same year. The Seventeenth Amendment changed how vacancies would be filled. Under the Seventeenth Amendment, if a Senator dies or has to leave office, his state governor may appoint a temporary Senator until a special electioncan be held.
Clause 3: Qualifications of Senators
A Senator must be at least 30 years of age, must have been a citizen of the United States for at least nine years before being elected, and must reside in the State he or she will represent at the time of the election. As with Representatives in the House, the Constitution sets the qualifications to be a Senator.
Clause 1: Time, place, and manner of holding
State legislatures have the task of deciding how congressional elections are held.They may decide the scheduling of an election, where voters may cast ballots and how voters are to register. Congress has the right to change these rules.
Clause 2: Sessions of Congress
Clause 2 fixes an annual date upon which Congress must meet. By doing so, the Constitution gives Congress the power to meet, whether or not the President called it into session.
Clause 1: Qualifications of Members
Section Five states that a majority of each House constitutes a quorum to do business; a smaller number may adjourn the House or compelthe attendance of absent members. In practice, the quorum requirement is all but ignored. A quorum is assumed to be present unless a quorum call, requested by a member, proves otherwise. Rarely do members ask for quorum calls to demonstrate the absence of a quorum; more often, they use the quorum call as a delaying tactic.
Clause 2: Rules
Each House can determine its own Rules (assuming a quorum is present), and may punish any of its members. A two-thirds vote is necessary to expel a member. Section 5, Clause 2 does not provide specific guidance to each House regarding when and how each House may change its rules, leaving details to the respective chambers.
Clause 3: Record of proceedings
Each House must keep and publish a Journal, though it may choose to keep any part of the Journal secret. The decisions of the House—not the words spoken during debates—are recorded in the Journal; if one-fifth of those present (assuming a quorum is present) request it, the votes of the members on a particular question must also be entered.
Clause 1: Compensation and legal protection
Senators and Representatives set their own compensation. Under the Twenty-seventh Amendment, any change in their compensation will not take effect until after the next congressional election. Members of both Houses have certain privileges, based on those enjoyed by the members of the British Parliament. Members attending, going to or returning from either House are privileged from arrest, except for treason, felony or breach of the peace. One may not sue a Senator or Representative for slande...
Clause 2: Independence from the executive
Senators and Representatives may not simultaneously serve in Congress and hold a position in the executive branch. This restriction is meant to protect legislative independence by preventing the president from using patronageto buy votes in Congress. It is a major difference from the political system in the British Parliament, where cabinet ministers are required to be members of parliament.
Clause 1: Bills of revenue
This establishes the method for making Acts of Congressthat involve taxation. Accordingly, any bill may originate in either House of Congress, except for a revenue bill, which may originate only in the House of Representatives. This clause of the U.S. Constitution stemmed from an English parliamentary practice that all money bills must have their first reading in the House of Commons. This practice was intended to ensure that the power of the purseis possessed by the legislative body most res...
Clause 2: From bills to law
This clause is known as the Presentment Clause. Before a bill becomes law, it must be presented to the President, who has ten days (excluding Sundays) to act upon it. If the President signs the bill, it becomes law. If he disapproves of the bill, he must return it to the House in which it originated together with his objections. This procedure has become known as the veto, although that particular word does not appear in the text of Article One. The bill does not then become law unless both H...
Clause 3: Presidential veto
In 1996, Congress passed the Line Item Veto Act, which permitted the President, at the time of the signing of the bill, to rescind certain expenditures. The Congress could disapprove the cancellation and reinstate the funds. The President could veto the disapproval, but the Congress, by a two-thirds vote in each House, could override the veto. In the case Clinton v. City of New York, the Supreme Court found the Line Item Veto Act unconstitutional because it violated the Presentment clause. Fi...
Enumerated powers
Congress's legislative powers are enumerated in Section Eight: Many powers of Congress have been interpreted broadly. Most notably, the Taxing and Spending, Interstate Commerce, and Necessary and Proper Clauses have been deemed to grant expansive powers to Congress. Congress may lay and collect taxes for the "common defense" or "general welfare" of the United States. The U.S. Supreme Court has not often defined "general welfare," leaving the political question to Congress. In United States v....
Commerce Clause
The Supreme Court has seldom restrained the use of the commerce clause for widely varying purposes. The first important decision related to the commerce clause was Gibbons v. Ogden, decided by a unanimous Court in 1824. The case involved conflicting federal and state laws: Thomas Gibbons had a federal permit to navigate steamboats in the Hudson River, while the other, Aaron Ogden, had a monopoly to do the same granted by the state of New York. Ogden contended that "commerce" included only buy...
Other powers of Congress
Congress may establish uniform laws relating to naturalization and bankruptcy. It may also coin money, regulate the value of American or foreign currency and punish counterfeiters. Congress may fix the standards of weights and measures. Furthermore, Congress may establish post offices and post roads (the roads, however, need not be exclusively for the conveyance of mail). Congress may promote the progress of science and useful arts by granting copyrights and patents of limited duration. Secti...
Clause 1: Contracts Clause
States may not exercise certain powers reserved for the federal government: they may not enter into treaties, alliances or confederations, grant letters of marque or reprisal, coin money or issue bills of credit (such as currency). Furthermore, no state may make anything but gold and silver coin a tender in payment of debts, which expressly forbids any state government (but not the federal government) from "making a tender" (i.e., authorizing something that may be offered in payment) of any t...
Clause 2: Import-Export Clause
Still more powers are prohibited of the states. States may not, without the consent of Congress, tax imports or exports except for the fulfillment of state inspection laws (which may be revised by Congress). The net revenue of the tax is paid not to the state, but to the federal Treasury.
Clause 3: Compact Clause
Under the Compact Clause, states may not, without the consent of Congress, keep troops or armies during times of peace. They may not enter into alliances nor compacts with foreign states, nor engage in war unless invaded. States may, however, organize and arm a militia according to the discipline prescribed by Congress. (Article I, Section 8, enumerated powers of Congress.) The National Guard, whose members are also members of the militia of the United States as defined by 10 U.S.C. § 311, fu...
Article I. Article I describes the design of the legislative branch of US Government -- the Congress. Important ideas include the separation of powers between branches of government (checks and balances), the election of Senators and Representatives, the process by which laws are made, and the powers that Congress has.
Article 1 is the first article of the United States Constitution and also the longest article of the constitution. But, what is Article 1 of the Constitution? Article 1 deals with the legislative branch. This refers to Congress, which comprises the House of Representatives and the Senate.
t. e. The Nineteenth Amendment ( Amendment XIX) to the United States Constitution prohibits the United States and its states from denying the right to vote to citizens of the United States on the basis of sex, in effect recognizing the right of women to vote. The amendment was the culmination of a decades-long movement for women's suffrage in ...
Article I of the U.S. Constitution establishes the Legislative Branch of the federal government. Section 1, the Legislative Vesting Clause, provides that all federal legislative powers are vested in the Congress. 1. As the Supreme Court stated in 1810, [i]t is the peculiar province of the legislature to prescribe general rules for the ...
Article I, Section 1 provides: “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.” The Constitution first vests all federal legislative powers in a representative bicameral Congress.
