Article I: Legislative Branch
The Structure and Powers of Congress
Constitutional Text
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. 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. 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...
Section 3. The Senate of the United States shall be composed of two Senators from each State... for six Years; and each Senator shall have one Vote. 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...
Section 7. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. 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...
Section 8. 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... To borrow Money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States... To coin Money... To establish Post Offices... To declare War... To raise and support Armies... To provide and maintain a Navy... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers...
Section 9. 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. No Bill of Attainder or ex post facto Law shall be passed... 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.
Sections Summary
Section 1
Two chambers of Congress: House & Senate
Section 2
Rules for the Structure of the House (Membership based on state population, must be 25, 2 year terms)
Section 3
Rules for the Structure of the Senate (Two per state, must be 30, 6 year terms)
Section 4
States determine how elections are run
Section 5
Each chamber decides how their chamber will be run
Section 6
Congress gets paid, has some protections, and some restrictions
Section 7
Bills dealing with revenue start in the House first; the President has power to veto a bill
Section 8 - Powers of Congress
To tax, create a national budget, borrow money, create courts, declare war, make laws "necessary and proper" to run the nation
Section 9 - Powers Denied to Congress
Cannot suspend habeas corpus, cannot receive payment from foreign governments (emoluments)
Section 10 - Powers Denied to States
Cannot enter in a treaty/alliance with foreign nations
Discussion Questions
A) The Great Compromise
The determination for the makeup of Congress was decided by The Great Compromise at the Constitutional Convention. Which chamber of Congress benefits states with a smaller number of citizens more? Explain why.
B) Emoluments Clause
Congress and other government officials cannot receive payment for work done (emoluments). Consider how this applies to modern presidents with business interests. Has the Constitution been violated when foreign officials use properties owned by a president's family?
C) Balanced Budget Amendment
Because of the national debt, some believe that Congress should be forced to spend no more than the money it raises through taxes. What arguments might members of Congress put up against this amendment?
Key Takeaways
- Bicameral legislature - House based on population, Senate equal representation
- Necessary and Proper Clause gives Congress implied powers
- Revenue bills must originate in the House
- Enumerated powers list specific congressional authorities