An Overview of Article I of the US Constitution
The Organization, Election, Duties & Powers of the US Congress
Jul 6, 2009
Article I starts simply with “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.” Article I, defines the legislature, its powers and prohibitions and to coordinate relations between the federal and state governments limits the authority of state government. Article II defines the presidency. Article III defines the judiciary and Article IV outlines the obligations ot the state and federal governments.
US House of Representatives: Composition, Election & Qualification of Members
The House of Representatives is made up of members from each state according to the population of the states as determined every ten years in the national census. Every two years there is an election for every member of the House. The House elects the Speaker and its other officers, and has the sole power of impeachment. The following qualifications are required to serve in the House:
- 25 years of age
- 7 years a citizen of the United States
- An inhabitant of the state from which elected
US Senate: Composition, Election & Qualification of Members
The US Senate is composed of two Senators from every state regardless of population. Each Senator serves a term of six years. The terms of Senators are staggered so that one-third of the Senate is elected every two years. The Vice-President is President of the Senate, voting in the case of ties. Senators elect their other officers. The Senate has the power to try impeachments. Article II gives the Senate power to approve presidential appointments and treaties. The following qualifications are required to serve in the Senate:
- 30 years of age
- 9 years a citizen of the United States
- An inhabitant of the state from which elected
Powers of the US Congress
The Constitution grants specific powers regarding the kinds of laws which Congress may pass. In the early days, the Supreme Court viewed congressional power as limited to these “enumerated powers”. It was not unusual for the Court to declare unconstitutional laws that exceeded these powers.
In 1942, that changed with the case of Wickard v. Filburn. The Court began giving Congress greater authority over American life with a new interpretation of The Commerce Clause. That clause now gives Congress the authority to legislate regarding any matter that affects interstate commerce, which is practically anything. Congress is given constitutional power to:
- Lay and collect taxes, duties, imposts and excises;
- Pay the debts and provide for the common defense and general welfare of the United States;
- Borrow money on the credit of the United States;
- Regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
- Establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
- Coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
- Provide for the punishment of counterfeiting the securities and current coin of the United States;
- Establish post offices and post roads;
- 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;
- Constitute tribunals inferior to the Supreme Court;
- Define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
- Declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
- Raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
- Provide and maintain a navy;
- Make rules for the government and regulation of the land and naval forces;
- Provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
- Provide for organizing, arming, and disciplining, the militia,
- Exercise exclusive legislation in all cases whatsoever, over the seat of government
- Make all laws which shall be necessary and proper for carrying into execution the foregoing powers
Prohibited Acts of Congress
In addition to granting specific power, the Constitution (original, not as amended) prohibits Congress from doing the following:
- Suspending the writ of habeas corpus
- Taxing the ports of one state more than the ports of another
- Passing bills of attainder or ex post facto laws
- Spending funds with passing a law allowing it to do so
- Granting titles of nobility
Article I Limitations on State Governments
In order to maintain congressional authority in specific areas, the Constitution limits the actions of state governments. State governments cannot:
- Enter into treaties, coin money, pass bills of attainder, ex post facto laws or impair contracts
- Pass laws imposing import taxes or duties
- Engage in war
