Simone Lawson
Article I of the US Constitution establishes the legislative branch of the federal government, the United States Congress, which consists of the House of Representatives and the Senate. Article I grants Congress various powers, including the ability to pass laws necessary and proper to carry out those powers, the power to declare war, the right to confirm or reject Presidential appointments, and substantial investigative powers. The House of Representatives has several exclusive powers, including the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie. The Senate has the sole power to confirm the President's appointments and ratify treaties. Congress, as one of the three coequal branches of government, is vested with all legislative power in the government, meaning it is the only body that can make or change laws.
| Characteristics | Values |
|---|---|
| Legislative powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| House of Representatives | Composed of members chosen every second year by the people of the several states |
| Electors in each state | Qualifications requisite for electors of the most numerous branch of the state legislature |
| Representatives and direct taxes | Should be apportioned among the several states according to their respective numbers |
| Minimum age for Representatives | 25 years |
| Citizenship requirement for Representatives | 7 years as a citizen of the United States |
| Residence requirement for Representatives | Must be an inhabitant of the state in which they are chosen |
| Powers of the House of Representatives | Choose their speaker and other officers, sole power of impeachment, initiate revenue bills, elect the President in the case of an electoral college tie |
| Composition of the Senate | Two Senators from each state, chosen by the legislature, for six-year terms |
| Minimum age for Senators | 30 years |
| Citizenship requirement for Senators | 9 years as a citizen of the United States |
| Residence requirement for Senators | Must be an inhabitant of the state for which they are chosen |
| Vice President's role in the Senate | Serves as President of the Senate, with no vote unless there is a tie |
| Senate powers | Confirm Presidential appointments requiring consent, ratify treaties, and approve impeachment trial juries |
| Legislative authority of Congress | Enact laws deemed "necessary and proper" for executing the powers given to the government under the Constitution, establish an annual budget, levy taxes and tariffs, authorize borrowing, mandate spending |
| Investigative powers of Congress | Compel the production of evidence or testimony as deemed necessary |
| Congressional oversight in elections | Require states to conform to certain practices when drawing districts, such as using a single-member district scheme |
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What You'll Learn
The House of Representatives
The Constitution of the United States establishes a Legislative Branch with a House and Senate, also known as the Congress of the United States. The House of Representatives is one of the two components of the Legislative Branch, with the other being the Senate. The House of Representatives is made up of 435 elected members, with each state being represented proportionally to its total population. Additionally, there are six non-voting members, representing the District of Columbia, the Commonwealth of Puerto Rico, and four other US territories.
The House has standing committees with different legislative jurisdictions. These committees consider bills and issues and recommend measures for consideration by the House. They also have oversight responsibilities to monitor agencies, programs, and activities within their jurisdictions. The House of Representatives chooses its Speaker and other officers, such as the majority and minority leaders, assistant leaders, and whips. The Speaker acts as the leader of the House and combines several institutional and administrative roles.
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The Senate
The United States Congress, established by Article I of the Constitution, consists of a Senate and a House of Representatives. The Senate is composed of 100 senators, with two senators representing each state. Senators are elected by popular vote to serve six-year terms, with elections staggered so that approximately one-third of the Senate is up for reelection every two years. Senators must be at least 30 years old, have been US citizens for at least nine years, and be residents of the states they represent.
The Vice President of the United States serves as the President of the Senate. However, the Vice President does not typically have a vote unless there is a tie, in which case they can cast the decisive vote. The Senate chooses its officers, including a President pro tempore, who presides over the Senate in the absence of the Vice President.
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Separation of powers
The United States Constitution is structured to separate powers between the Legislative, Executive, and Judicial branches of the US government. This doctrine, which was influenced by the writings of Charles de Secondat, Baron de Montesquieu, is intended to prevent the abuse of power by providing a system of checks and balances.
Article I of the Constitution states that "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." This places Congress in charge of all lawmaking in the United States, with the power to pass laws, impeach officials, and control funding for the armed forces. Congress also has the authority to shape the judiciary, including the power to appoint and impeach members of the federal judiciary.
The Executive branch is established in Article II of the Constitution, which states that "the executive power shall be vested in a President of the United States of America." The President is the Commander-in-Chief of the Army and Navy and has the power to make treaties and appointments with the advice and consent of the Senate. The President also has the power to veto legislation passed by Congress, which can be overridden by a two-thirds majority in both houses.
Article III of the Constitution establishes the Judicial branch, stating that "the judicial power shall be vested in one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish." The Judicial branch holds all powers relative to the judicial function, and the Legislative and Executive branches may not interfere in its domain.
The separation of powers doctrine is designed to ensure that no single branch of government holds too much power and to protect the liberty of the governed. It allows for a constitutional dialogue between the branches, with each checking the actions of the others, and provides a framework for governing the country effectively while maintaining a balance of power.
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The election of Senators and Representatives
Article I of the U.S. Constitution outlines the legislative branch of the U.S. government, including the election process for Senators and Representatives.
The House of Representatives is composed of members chosen every second year by the people of the states. Electors in each state must meet the qualifications required for electors of the most numerous branch of the state legislature. To be a Representative, one must be at least 25 years old, a citizen of the United States for at least seven years, and an inhabitant of the state from which they are chosen. Representatives are apportioned among the states according to their respective populations, with each state guaranteed at least one Representative. The House of Representatives has the sole power of impeachment and the power to choose its Speaker and other officers.
The Senate, on the other hand, is composed of two Senators from each state, chosen by the state legislature for six-year terms. Each Senator has one vote. Senators are divided into three classes, with the seats of the first class vacated after two years, the second class after four years, and the third class after six years, so that one-third of the Senate is elected every two years. To be a Senator, one must be at least 30 years old, a citizen of the United States for at least nine years, and an inhabitant of the state they represent when elected. The Vice President of the United States serves as President of the Senate but has no vote unless there is a tie. The Senate chooses its other officers and has the power to propose or concur with amendments to revenue-raising bills.
The times, places, and manner of holding elections for Senators and Representatives are generally prescribed by the state legislatures, although Congress may make or alter these regulations except for the places of choosing Senators. The election of Senators was originally left to state legislatures, but the Seventeenth Amendment, ratified in 1913, provided for the direct election of Senators by the people. This change was brought about by reforms in multiple states and public support for direct election.
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Powers of Congress
The Constitution of the United States, established in 1789, outlines the powers of Congress. Congress is the legislature of the United States of America and is structurally separated from the executive and judicial branches of government. It consists of two houses: the Senate and the House of Representatives.
The Senate is composed of two Senators from each state, chosen for six-year terms by the state legislature. Senators must be at least thirty years old and have been citizens of the United States for at least nine years. The Vice President of the United States is the President of the Senate but does not have a vote unless there is an equal division.
The House of Representatives is made up of members chosen every second year by the people of the states. Representatives must be at least twenty-five years old and have been citizens of the United States for at least seven years. The number of Representatives from each state is determined by population, with each state having at least one Representative.
Congress has various legislative powers, including the power to:
- Make all laws necessary for the execution of its powers
- Lay and collect taxes
- Borrow money
- Regulate commerce
- Coin money
- Declare war
- Raise and support armies
- Exercise exclusive legislation over the district that is the seat of the US government, including the erection of forts, magazines, arsenals, and dockyards
- Exercise authority over places purchased by the consent of the state legislature for the erection of buildings necessary for the US government
- Impose taxes or duties on the migration or importation of persons into a state, not exceeding ten dollars for each person
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Frequently asked questions
The US Constitution grants legislative power to a single body, the Congress, which is made up of the House of Representatives and the Senate.
Congress has the power to make new laws, change existing laws, and declare war. It can also confirm or reject Presidential appointments, borrow money, and levy taxes and tariffs. The House of Representatives has the power to initiate revenue bills, impeach federal officials, and elect the President in the case of an electoral college tie.
Congress has the power to investigate and compel cooperation with an investigation. This power has been affirmed by the Supreme Court as an implication of Congress's power to legislate. However, it is limited to inquiries that are "in aid of the legislative function".
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