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Section 1
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.
Section 2
Clause 1:
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
Clause 2:
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- This section of the Constitution establishes who can hold office. Most of you are a little too young.
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No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen 1 Show in original.
Clause 3:
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- The Constitution suggests here that representatives are to be evenly distributed across states by population. Once the House became very large, the size was set by statute. Subsequently, seats in the House are redistributed based on population shifts every 10 years based on the census. Since the drawing of district lines is left to the states, sometimes district lines are seemingly irrational. At the height of the civil rights movement, districts were largely drawn to suit Member’s political needs sometime excluding or including major demographics for political gain. This practice is called gerrymandering.
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- The last census was taken in 2000. This census year involved a major controversy concerning the use of statistical sampling to establish population demographics. Many people doubt the accuracy of statistics and feel it very important for each person to be counted by the government for purposes of representation.
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- The Constitution guarantees every state representation in the House of Representatives, no matter how small their population. Take Montana, for example. It has only one representative. Poor little representative at large…
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Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers 2 Show in original, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons 3 Show in original. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years 4 Show in original, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative 5 Show in original; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
Clause 4:
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- This clause gives the governor the power to call a special election to choose a person to fill a congressional seat in case of the death, appointment, or retirement of a Member of the U.S. House of Representatives.
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When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies 6 Show in original.
Clause 5:
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The Speaker is the only officer of the House mentioned in the Constitution. Other officers, such as the Majority Leader, are partisan positions and are chosen by their respective parties.- 8
- The House of Representatives is given the responsibility of bringing up impeachment charges, such as those brought against President Bill Clinton in 1998.
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The House of Representatives shall chuse their Speaker and other Officers 7 Show in original; and shall have the sole Power of Impeachment 8 Show in original.
Section 3
Clause 1:
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Even though Montana only has one representative, it has two senators. Every state has two senators. This is to protect the power of states as equal partners in the Union- 10
Originally Senators were not chosen by voters; they were chosen by the state legislature. This changed with the 17th Amendment added in- 11
- Whereas Representatives are elected every 2 years, Senators are elected every 6 years. This way Senators do not have to be as worried about reelection all the time and can make decisions based on the public good rather than only the special interests of their state
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The Senate of the United States shall be composed of two Senators from each State 9 Show in original, chosen by the Legislature thereof 10 Show in original, (See Note 3) for six Years 11 Show in original; and each Senator shall have one Vote.
Clause 2:
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- Here we see how the Constitution works out the math of the 6-year term of Senators. Every 2 years, one-third of the Senate is up for reelection. This way, the Senate provided a stabilizing force on American politics. No matter what else changes (a new president, a completely new House of Representatives), two-thirds of the Senate stays the same.
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Just as the governor calls special elections to fill vacancies in the House, so the governor makes temporary appointments to fill vacancies in the Senate. When Senator Wellstone died in a plane crash in October 2002, the governor of Minnesota, Jesse “The Body” Ventura, appointed an Independent to fill the seat till the winner of the general election took office in January
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Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year 12 Show in original; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments 13 Show in original until the next Meeting of the Legislature, which shall then fill such Vacancies. (See Note 4)
Clause 3:
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This clause establishes the requirements for holding a seat in the U.S. Senate. Among other requirements, a person must inhabit the state he or she wishes to represent. This caused Hillary Clinton problems. She had to set up house in New York to satisfy this provision of the Constitution
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No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen 14 Show in original.
Clause 4:
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The Vice President is the official president of the Senate. Only when necessary to break a tie may the Vice President vote. Sometimes, however, this is necessary. Al Gore cast 4 votes to break a tie during his 8 years as Vice President
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The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided 15 Show in original.
Clause 5:
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Since the Vice President doesn’t spend all of his or her time presiding over the Senate, there is a “substitute” presiding officer, the President Pro Tempore. At 100 years old, Senator Strom Thurmond was the oldest and longest serving U.S. Senator in history when he retired in 2003
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The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President 16 Show in original, or when he shall exercise the Office of President of the United States.
Clause 6:
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Once the House brings up charges of impeachment, the Senate acts as a courtroom to try the case. While two presidents have been impeached by the House of Representatives, no president has ever been removed from office through a Senate impeachment trial- 18
The Chief Justice of the Supreme Court presides over impeachment trials in the Senate. Chief Justice Rehnquist presided in 1999 over President Clinton’s impeachment.- 19
- To ensure justice is served, the Constitution requires that two-thirds of the Senate concur in order to remove a federal officer such as the president from office. Falling short of the necessary two-thirds, with a vote of 55/45 Clinton was acquitted.
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The Senate shall have the sole Power to try all Impeachments 17 Show in original. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside 18 Show in original: And no Person shall be convicted without the Concurrence of two thirds of the Members present 19 Show in original.
Clause 7:
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Section 4
Clause 1:
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
Clause 2:
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, (See Note 5) unless they shall by Law appoint a different Day.
Section 5
Clause 1:
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Representing Harlem in the 1940s, Powell was denied his seat by the body of the House of Representatives though he was duly elected by his constituents for scandalous behavior including mismanagement of official funds for personal use
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Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members 20 Show in original, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Clause 2:
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- This clause establishes that the Congress makes its own rules. The debate in 2005 over the use of the filibuster during Senate judicial confirmation proceedings demonstrates this important principle
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Each House may determine the Rules of its Proceedings 21 Show in original, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Clause 3:
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Clause 4:
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section 6
Clause 1:
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. (See Note 6) They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
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Senator Kerry from Massachusetts ran for president in 2004 against George W. Bush. Had Kerry won the election, he would have had to vacate his Senate seat. This constitutional provision guards against politicians having a conflict of interests and provides for separation of powers.
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No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States 22 Show in original, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
Section 7
Clause 1:
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Because the founders were particularly cautious of the government abusing the power to tax the citizens, they rooted the power in the “people’s house,” the House of Representatives
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All Bills for raising Revenue shall originate in the House of Representatives 23 Show in original; but the Senate may propose or concur with Amendments as on other Bills.
Clause 2:
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Here it is…the infamous passage that details how a bill becomes a law. Not only must a bill be passed by both the House and Senate, it also must be signed into law by the President or secure a two-thirds vote of both houses for a presidential veto override- 25
- Even the Constitution suggests that rules are made to be broken. In the case of making laws, the exception to the rule is called the “pocket veto.” If a president waits 10 days and doesn’t sign a bill that comes across his desk, and Congress goes out of session, then the bill dies without the president having to publicly say he doesn’t agree with it. If the president waits 10 days, but Congress calls his bluff and stays in session, then the bill becomes law without the president’s signature
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Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law 24 Show in original. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law 25 Show in original.
Clause 3:
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
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- The most important section of Article 1, sec. 8 details the powers of Congress, including: the power to tax, the power to declare war, and the power to regulate commerce
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Clause 1:
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
Clause 2:
To borrow Money on the credit of the United States;
Clause 3:
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One of the greatest weaknesses of the Articles of Confederation was the inability to regulate commerce. Unable to coin money, establish the value of the currency of the states, or regulate trade among states or with other nations, the U.S. government was powerless in economic matters
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To regulate Commerce 27 Show in original with foreign Nations, and among the several States, and with the Indian Tribes;
Clause 4:
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
Clause 5:
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
Clause 6:
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
Clause 7:
To establish Post Offices and post Roads;
Clause 8:
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Clause 9:
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- The only court established by the Constitution is the Supreme Court found in Article III. All other courts were created by the Judiciary Act of 1789 through the power granted to Congress in this clause
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To constitute Tribunals inferior to the supreme Court 28 Show in original;
Clause 10:
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
Clause 11:
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One of the most controversial sections of the Constitution, this clause gives Congress the power to declare war. Over the years, Congress has tried to weasel its way out of this responsibility through such measures as the War Powers Act of 1973, but even today Congress must approve presidential decisions to go to war
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To declare War 29 Show in original, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
Clause 12:
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
Clause 13:
To provide and maintain a Navy;
Clause 14:
To make Rules for the Government and Regulation of the land and naval Forces;
Clause 15:
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
Clause 16:
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
Clause 17:
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, byCession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
Clause 18:
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- Also known as the elastic clause, the necessary and proper clause of Article I grants the Congress enormous implied power. Congress has pointed to this clause in conjunction with the commerce clause of sec. 8 to justify much legislation, including such things as desegregation, minimum wage, and gun safety in school zones
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To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof 30 Show in original.
Section 9
Clause 1:
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
Clause 2:
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The Writ of Habeas Corpus is basically the means for contesting imprisonment. For example, if a man is arrested for drunk driving and thrown in prison but feels he has unlawfully been detained, he can file for a court date to review the facts of the case. During the Civil War, President Lincoln stripped rebels of the privilege of the writ of habeas corpus because he felt it was required for public safety during the active rebellion of the South against the Union
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The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it 31 Show in original.
Clause 3:
No Bill of Attainder or ex post facto Law shall be passed.
Clause 4:
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. (See Note 7)
Clause 5:
No Tax or Duty shall be laid on Articles exported from any State.
Clause 6:
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
Clause 7:
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
Clause 8:
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Section 10
Clause 1:
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Before the Constitution was adopted, states actually had their own currencies and determined their value. This, of course, created all kinds of problems in interstate commerce. Consequently, one of the important provisions of the Constitution in Article I concerns the prohibition of states from coining their own money. Similarly, states cannot enter into treaties with foreign countries. Can you imagine Florida having an alliance with Iraq during the War in Iraq or New York allying with Osama bin Laden and the Taliban leadership of Afghanistan after September 11th?
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No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money 32 Show in original; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
Clause 2:
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
Clause 3:
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
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