Jonah Patel
The U.S. Constitution establishes three separate but equal branches of government: the legislative, executive, and judicial branches. The legislative branch, covered in Article I of the Constitution, is made up of the House and Senate, collectively known as Congress. Congress is responsible for making laws, declaring war, regulating interstate and foreign commerce, and controlling taxing and spending policies. Article I also outlines the powers of Congress and lists certain limits to those powers. The legislative branch is considered the most powerful and dangerous branch of government by the Founding Fathers, which is why Article I is the longest part of the Constitution.
| Characteristics | Values |
|---|---|
| Legislative powers | Vested in a Congress of the United States, which consists of a Senate and House of Representatives |
| Legislative branch | Makes the law |
| Executive branch | Enforces the law |
| Judicial branch | Interprets the law |
| Powers of Congress | Enumerated in Sections 7 and 8 |
| Legislative Vesting Clause | Provides that all federal legislative powers are vested in the Congress |
| Legislative Branch Organisations | The House, the Senate, and special agencies and offices that provide support services to Congress |
| Congress | Meets at least once a year, on the first Monday in December |
| Each House | Determines the rules of its proceedings |
| Each House | Can expel a member with a two-thirds majority |
| Elections for Senators and Representatives | Prescribed in each State by the Legislature |
| Congress | Can make or alter regulations for the Elections for Senators and Representatives |
| Senators | Must be at least 30 years old, have been a citizen of the United States for nine years, and be an inhabitant of the State for which they are chosen |
| Representatives | Must be at least 25 years old, have been a citizen of the United States for seven years, and be an inhabitant of the State in which they are chosen |
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What You'll Learn
Legislative branch powers
Article I of the U.S. Constitution establishes the Legislative Branch of the federal government. This branch is made up of the House of Representatives and the Senate, collectively known as Congress. Congress is supported by special agencies and offices.
The Legislative Vesting Clause, or Section 1 of Article I, states that all federal legislative powers are vested in Congress. However, the Constitution grants Congress only certain enumerated powers, not plenary legislative power. Sections 7 and 8 outline these powers, including the power to tax and spend, borrow money, regulate interstate commerce, establish uniform rules on naturalization and bankruptcy, coin money, punish counterfeiters, establish post offices, regulate intellectual property, establish courts, punish maritime crimes, and declare war.
The Legislative Branch also has the power to raise and support armies, define and punish piracies and felonies committed on the high seas, make rules concerning captures on land and water, provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions. It can also confirm or reject presidential nominations for heads of federal agencies, federal judges, and the Supreme Court.
Congress shall assemble at least once a year, with a majority of each House constituting a Quorum to do business. Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and expel a member with a two-thirds concurrence.
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Congress composition
Article I of the U.S. Constitution establishes the Legislative Branch of the federal government. It is the longest part of the Constitution, indicating that the Founding Fathers expected Congress to be the most powerful—and most dangerous—branch of government.
The Legislative Branch is made up of the House of Representatives and the Senate, collectively known as Congress. The House of Representatives is composed of members chosen every second year by the people of the several states. No person can be a Representative who has not attained the age of twenty-five years, been a citizen of the United States for seven years, and is not, when elected, an inhabitant of the state in which they are chosen.
The Senate, on the other hand, has stricter requirements. Senators must be at least thirty years old, have been a citizen of the United States for nine years, and be an inhabitant of the state for which they are chosen when elected. The seats of the Senators are vacated at different intervals, with one-third being chosen every second year. This ensures that the Senate is a more stable body than the House of Representatives, which is subject to more frequent changes in its composition.
The Vice President of the United States is the President of the Senate but has no vote unless the Senate is equally divided. Each House is the judge of the elections, returns, and qualifications of its members, and a majority of each shall constitute a quorum to do business.
Congress has specific legislative authorities, including the power to tax and spend, borrow money, regulate interstate commerce, establish uniform rules on naturalization and bankruptcy, coin money, punish counterfeiters, establish post offices, regulate intellectual property, establish courts, punish maritime crimes, and declare war.
While the Legislative Branch has significant powers, it is important to note that the Constitution does not grant Congress plenary legislative power. Instead, it outlines certain enumerated powers that Congress can exercise, with Sections 7 and 8 of Article I providing details on the procedures for enacting legislation and the specific powers granted to Congress.
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Congressional limits
Article I of the U.S. Constitution establishes the Legislative Branch of the federal government, outlining its structure, powers, and limits. This branch is made up of Congress, which consists of the Senate and the House of Representatives.
One key limit on Congress is the requirement of bicameralism, which means that a bill must pass both the House of Representatives and the Senate before being presented to the President for signature or veto. This ensures that legislation is thoroughly debated and considered by two distinct bodies, each with its own perspective and constituents.
Additionally, Congress is subject to checks and balances from the other branches of government. The President, for example, can veto legislation passed by Congress, and Congress, in turn, can override a presidential veto with a two-thirds majority in both houses. The legislative branch can also provide a check on the executive branch by confirming or rejecting the President's nominees for federal agencies, federal judges, and the Supreme Court.
The legislative branch itself has internal checks and balances. For instance, each house has the power to determine the rules of its proceedings, punish its members for disorderly behaviour, and expel a member with a two-thirds concurrence. Furthermore, the qualifications for becoming a Representative or a Senator differ, with Representatives having a minimum age requirement of 25 years and Senators requiring 30 years, reflecting the different constituencies they represent.
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Checks and balances
The US Constitution establishes three separate but equal branches of government: the legislative, executive, and judicial branches. The legislative branch, which is made up of the House and Senate, also known as Congress, makes the laws. The executive branch, consisting of the President, their advisors, and various departments and agencies, enforces the laws of the land. The judicial branch, made up of the US Supreme Court and the Federal Judicial Center, interprets the law.
The US Constitution is structured in this way to prevent any one branch of government from becoming too powerful, and to create a system of checks and balances. Each branch has its own authority, but to function, it must also depend on the authority of the other branches. This interplay of power is an important feature of the US political system.
The legislative branch, for example, can check the power of the executive branch by removing the President from office in exceptional circumstances. Congress can also confirm or reject the President's nominees for heads of federal agencies, federal judges, and the Supreme Court. In addition, Congress must pass a bill with a majority in both Houses, and then present it to the President for their signature, which is another check on the executive branch.
The executive branch can also check the power of the legislative branch. The President can veto legislation created by Congress. They also nominate the heads of federal agencies and high court appointees, which Congress must then confirm or reject.
The judicial branch interprets the law and can overturn unconstitutional laws, thereby checking the power of both the legislative and executive branches.
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Elections and procedures
Article I of the U.S. Constitution establishes the Legislative Branch of the federal government. This branch is made up of the House of Representatives and the Senate, collectively known as Congress.
The Legislative Vesting Clause (Section 1) of Article I states that all federal legislative powers are vested in the Congress. This includes the power to make all laws, declare war, regulate interstate and foreign commerce, and control taxing and spending policies.
The Constitution sets out the powers of Congress and lists certain limits to those powers. While Congress has the authority to make laws, it does not have plenary legislative power. Instead, it only possesses certain enumerated powers outlined in Sections 7 and 8 of Article I. Section 7 addresses the procedures for enacting legislation, including the need for a bill to pass both Houses of Congress and be presented to the President for signature. Section 8 enumerates Congress's specific legislative authorities, including the power to tax and spend, borrow money, regulate interstate commerce, establish courts, and declare war, among others.
The Constitution also outlines the requirements for becoming a Representative or a Senator. No person shall be a Representative who has not attained the age of twenty-five years, been seven years a citizen of the United States, and who is not, when elected, an inhabitant of the State in which they are chosen. For Senators, the age requirement is thirty years, and they must have been nine years a citizen of the United States. Senators are chosen every second year, with one-third of the Seats being chosen every two years, ensuring that at least one-third of the Senate has served for four years.
The Constitution further specifies that each House shall be the judge of the elections, returns, and qualifications of its members. A majority of each shall constitute a quorum to do business, but a smaller number may adjourn from day to day. Each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and expel a member with the concurrence of two-thirds.
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Frequently asked questions
The Legislative Branch is one of the three branches of the US government, alongside the Executive and Judicial branches. It is also known as Congress and is made up of the House of Representatives and the Senate.
The Legislative Branch has several powers, including making laws, declaring war, regulating commerce, and controlling taxing and spending policies. It also has the power to confirm or reject the president's nominees for federal agencies and high court appointees.
The key principles of the Legislative Branch are outlined in Article I of the Constitution. This article establishes the Legislative Branch and sets out its powers and limits. It is the longest part of the Constitution, reflecting the Founding generation's expectation that Congress would be the most powerful and dangerous branch of government.
The Legislative Branch functions through a system of checks and balances with the other branches of government. Each branch has its own authority but also depends on the others to govern effectively. For example, Congress can remove the president from office in exceptional circumstances, and the president can veto legislation created by Congress.
The members of the Legislative Branch include the Representatives and Senators chosen by the people of the various states. To become a Representative, one must be at least 25 years old, a US citizen for at least seven years, and an inhabitant of the state they are chosen in. Senators have similar requirements, but the age is 30, and they must have been a US citizen for nine years.
