Article 1: Legislative Department

  Congress consists of the House of Representatives and the Senate.

 

House of Representatives

·        two year term

·        must be twenty-five years old

·        citizen for seven years

·        live in state in which elected

·        apportioned by population (census every 10 years)

·        each state has at least one representative

·        chooses Speaker and other officers

·        sole power of impeachment

·        states decide who can vote

·        (currently 435 members)

·        all revenue bills originate in house

 

Senate

 

·        two Senators from each state

·        six year term

·        staggered elections (1/3 Senators compete in elections every two years)

·        thirty years old

·        citizen for nine years

·        live in state in which elected

·        VP is President of Senate (tie breaking vote only)

·        president pro tempore presides in absence of VP

·        sole power to try impeachments (2/3 vote, Chief Justice presides)

·        impeachment leads to removal from office and disqualification to serve in the future

 

Congress in General

Congress meets January 3 (20th Amendment)

Meets at least once a year

States determine when elections take place

Majority constitutes a quorum

Each house determines its proceedings and may punish members and expel members with 2/3 vote

Each house keeps a journal

Neither House may adjourn without consent of other

Congressional immunity

Paid out of U.S. Treasury

Serving members can not hold executive or judicial positions

Legislation signed by president becomes law

Legislation becomes law after 10 days without President’s signature

2/3 vote to override President’s veto

 

Powers Delegated to Congress

·        taxation, duties, imposts

·        pay debts

·        provide for common defense and general welfare

·        borrow money on credit of the United States

·        regulate foreign and interstate commerce

·        naturalization and bankruptcies

·        coin money, fix standard of weights and measures

·        punishment for counterfeiting

·        post offices and post roads

·        grant patents

·        establish federal district courts

·        protect and control ships and citizens of the U.S. when they are out of the country

·        declare war

·        army and navy

·        rules and regulations for military discipline

·        call forth the militia (National Guard)

·        help states support their militia

·        control Washington D.C. and govt. installations in states

·                    Necessary and Proper Clause (Elastic Clause)


 

Powers Denied to the Federal Government

 

Writ of Habeas Corpus suspended only in time of rebellion, invasion or public danger

No bills of attainder

No ex post facto laws

No export taxes or duties

No commercial preference (U.S. is an open market)

No money drawn from Treasury without appropriations (power of the purse)

No title of nobility granted (foreign bribery also discouraged)

 

Powers Denied to the States

No treaties, alliances, confederations

No bills of credit

No bills of attainder

No ex post facto law

No titles of nobility

No law impairing the obligation of contracts

No taxes on goods sent in and out of states

No troops or warships in peacetime or agreement with a foreign state or nation without Congressional approval