Eleanor Finch
The United States Constitution outlines the requirements and election process for Representatives. To be eligible to be a Representative, a person must be at least 25 years old, a citizen of the United States for at least seven years, and a resident of the state they represent. The Constitution also states that Representatives shall be elected by eligible voters residing in the congressional district that the candidate will represent. The term length for Representatives is decided by each state, with the majority setting one-year terms, while some states, like South Carolina, set two-year terms, and others, like New York and Virginia, opting for four-year terms.
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What You'll Learn
Powers of Congress
The US Constitution, signed in convention on September 17, 1787, and ratified on June 21, 1788, grants all legislative powers to the US Congress. Congress consists of a Senate and a House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the several states. The US Constitution's Article I, Section 8, outlines the powers of Congress.
Congress has the power to lay and collect taxes, duties, imposts, and excises to pay off debts and provide for the common defence and general welfare of the United States. However, all duties, imposts, and excises must be uniform throughout the country. Congress can also borrow money on the credit of the United States, regulate commerce with foreign nations, and among the several states, and with the Indian tribes. It can also establish a uniform rule of naturalization and uniform laws on the subject of bankruptcies throughout the United States.
Congress can also promote the progress of science and useful arts by securing for limited times the exclusive rights of authors and inventors to their respective writings and discoveries. It can also define and punish piracies and felonies committed on the high seas and offences against the law of nations. Congress has the power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. It can also raise and support armies, but no appropriation of money for that use can be for a longer term than two years.
Congress decides on the number and jurisdiction of federal courts. It also has the power to make all laws necessary and proper for carrying into execution the foregoing powers and all other powers vested by the Constitution in the government of the United States or any of its departments or officers.
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Presidential impeachment
The Constitution of the United States grants the House of Representatives the sole power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. The power of impeachment can both remove someone from office and, should Congress vote to do so, also disqualify an impeached individual from holding future office. The Constitution enumerates specific impeachable offences, including treason, bribery, and other high crimes and misdemeanours.
The process of impeachment begins with the House of Representatives, which can initiate proceedings by adopting a resolution. The resolution may first pass through a House committee before the full House votes on it. The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist. The House manages the prosecution during presidential impeachment trials.
The Senate tries the accused and deliberates in private. The Constitution requires a two-thirds supermajority to convict a person being impeached. The Senate enters judgment on its decision, and a copy of the judgment is filed with the Secretary of State. Upon conviction in the Senate, the official is automatically removed from office and may, by a separate vote, also be barred from holding future office. The Senate trial is not a criminal proceeding, and the removed official may still be liable to criminal prosecution. The president may not pardon in the impeachment case but may in any resulting federal criminal case.
The impeachment process has been used to hold federal officials accountable, including presidents Andrew Johnson, William J. Clinton, and Donald J. Trump. The conviction of an official does not extend to further punishment, such as loss of pension. The Senate has taken the position that disqualification votes only require a simple majority rather than a two-thirds supermajority.
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State legislatures and Congress
There are several limitations on the powers of Congress outlined in the Constitution. For example, Congress cannot deny people rights through the suspension of the writ of habeas corpus, the passing of bills of attainder, or ex post facto laws. Additionally, no state can enter into treaties, alliances, or confederations without congressional consent. States also require congressional approval to impose duties on imports or exports and to keep troops or ships of war in times of peace.
The Constitution grants Congress broad authority over the election process and outlines specific powers and limitations to ensure fair and orderly elections. The power to regulate elections includes setting the times, places, and manner of holding elections, which can be altered by Congress if needed. This ensures that elections are accessible and properly conducted.
Furthermore, the Constitution empowers Congress to address various issues related to the election process. For instance, Congress has the authority to establish uniform rules for naturalization, impacting the eligibility of voters. Additionally, Congress can regulate commerce, which includes ensuring the free flow of trade across state lines, thus enabling efficient campaigning and political organization.
Overall, the Constitution's provisions regarding state legislatures and Congress in the context of elections aim to create a balanced system where election-related matters are appropriately addressed, and the rights of citizens to participate in the democratic process are protected.
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Rights and limitations
The US Constitution outlines the rights and limitations of various governmental bodies and officials, as well as the rights of citizens.
The Constitution grants Congress several powers, including the ability to borrow money, regulate commerce (trade), establish post offices, coin money, and declare war. However, there are also limitations on the power of Congress to deny people their rights. These limitations include the privilege of the writ of habeas corpus, which means that a person must be informed of the charges against them and cannot be detained indefinitely without trial. Other limitations include the prohibition of bills of attainder, which are acts passed to punish a person without a trial, and ex post facto laws, which punish people for actions that were not illegal when they were committed.
The President is the commander-in-chief of the armed forces and has the power to make treaties with foreign nations, grant pardons, and fill vacancies during the recess of the Senate. The President can also appoint various government officials and issue executive agreements and orders. However, the President can be impeached for treason, bribery, or other high crimes and misdemeanors.
The term of office for Supreme Court justices is a life term, held "through good behavior." While the Constitution does not specify the process of removing a Supreme Court justice, it does outline the Court's jurisdiction, which includes hearing cases concerning the laws of the US, treaties, maritime jurisdiction, and cases involving ambassadors.
States have the right to appoint electors, but the number of electors must be equal to the number of Senators and Representatives from that state. No new states can be formed within the jurisdiction of another state, nor can states be divided or joined without the consent of the state legislatures and Congress. States are also limited in their abilities to enter into treaties or alliances without congressional consent and cannot lay duties on imports or exports without Congress's approval.
Rights Guaranteed to Accused Persons
The Constitution guarantees several rights to people accused of crimes, including the right to a quick and public trial by an impartial jury, the right to confront witnesses, and the right to legal advice.
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Commander-in-Chief
The President of the United States is the Commander-in-Chief of the Army and Navy, as outlined in the Constitution. This means that the President is the highest-ranking officer in these branches of the armed forces and has the power to make crucial decisions regarding their operations. The President has the authority to establish the cabinet, grant pardons and reprieves, make treaties with foreign nations, and appoint various government officials. They can also issue executive agreements and executive orders, as well as fill vacancies during a recess of the Senate.
The role of Commander-in-Chief is a significant aspect of the President's powers and responsibilities. It grants them the ability to direct and control the military forces of the United States. This includes making strategic decisions during times of war or conflict, as well as overseeing the day-to-day operations of the military. The President, as Commander-in-Chief, is responsible for ensuring the defence and security of the nation.
In times of national emergency or war, the Commander-in-Chief has the authority to deploy troops, order military strikes, and make critical decisions regarding the use of military force. They receive advice and support from the Joint Chiefs of Staff, who are the nation's most senior military leaders. The President, however, has the final say and bears the ultimate responsibility for any actions taken by the military.
The Commander-in-Chief role also entails maintaining the readiness and capabilities of the armed forces. This includes overseeing military training, equipment procurement, and strategic planning. The President, through their power to make treaties and conduct foreign policy, can also shape the military's role in international affairs.
While the President is the Commander-in-Chief of the Army and Navy, it is important to note that the Constitution grants Congress the power to "raise and support Armies," "provide and maintain a Navy," and "make rules for the government and regulation of the land and naval forces." This means that while the President leads the military as Commander-in-Chief, Congress also plays a crucial role in funding, authorizing, and overseeing the armed forces.
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Frequently asked questions
Representatives are elected every 2 years.
To be elected, a representative must be at least 25 years old, a US citizen for at least 7 years, and an inhabitant of the state they represent.
The number of representatives with full voting rights is 435, with each state having at least one representative. The number of representatives per state is proportionate to its population.
Representatives introduce bills and resolutions, offer amendments, and serve on committees. They also hold hearings and develop and vote on legislation.
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