Omar Bennett
Article One of the United States Constitution outlines the role of the legislative branch of the federal government, also known as Congress. It establishes the powers of Congress, including the ability to declare war, raise and support armies, and promote the progress of science and the arts. Article One also specifies the composition and procedures of Congress, including the House of Representatives and the Senate, and grants the House of Representatives the sole power of impeachment.
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Legislative powers
Article I of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. It grants Congress enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Article I also establishes the procedures for passing a bill and places limits on the powers of Congress and the states from abusing their powers.
The Vesting Clause of Article I grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. This clause, in combination with the vesting clauses of Article II and Article III, establishes the separation of powers among the three branches of the federal government.
The House of Representatives is composed of members chosen every second year by the people of the several states. Electors in each state must have the qualifications requisite for electors of the most numerous branch of the state legislature. 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 shall not, when elected, be an inhabitant of that state in which he shall be chosen.
The Senate consists of two senators from each state, with each senator serving a six-year term. The Vice President of the United States is the President of the Senate but has no vote unless they are equally divided. Senators must be at least thirty years old and have been citizens of the United States for nine years.
Congress has the exclusive right to legislate "in all cases whatsoever" for the nation's capital, the District of Columbia. This includes the power to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States.
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House of Representatives
Article I, Section 2 of the U.S. Constitution outlines the organisation of the House of Representatives, including the timeframe for elections and the number of representatives for each state.
The Constitution specifies that the House of Representatives shall be composed of members chosen every second year by the people of the several states. Each representative must be at least 25 years old, have been a citizen of the United States for at least seven years, and be an inhabitant of the state in which they are chosen when elected.
The number of representatives for each state is determined by the population of that state, with each representative representing no more than 30,000 people. Each state must have at least one representative. The Constitution also outlines the process for filling vacancies in the House of Representatives. When a vacancy occurs, the executive authority of the state issues writs of election to fill the vacancy.
The House of Representatives has the sole power of impeachment and the power to choose its Speaker and other officers. Each House keeps a journal of its proceedings, which is published regularly, except for parts that require secrecy. Additionally, the House of Representatives can determine the rules of its proceedings, punish its members for disorderly behaviour, and expel a member with the concurrence of two-thirds of the House.
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Direct taxes
Section One of the United States Constitution specifies that direct taxes must be apportioned by state populations. This clause was shielded from constitutional amendment before 1808. However, in 1913, the 16th Amendment was passed, exempting income taxes from this clause.
The Constitution lays out the following rules regarding direct taxes:
- Direct taxes, including capitation taxes, must be apportioned according to the state census or enumeration.
- Representatives and direct taxes are to be apportioned among the states based on their respective numbers.
- The number of representatives for each state is determined by adding the whole number of free persons, excluding untaxed Native Americans, and including three-fifths of all other persons.
- Each state is guaranteed at least one representative.
- The actual enumeration of the population shall be made within three years of the first meeting of Congress and then every ten years subsequently.
The rules regarding direct taxes in Section One of the Constitution have evolved over time, with the 16th Amendment being a significant development in exempting income taxes from the requirement of apportionment by state populations.
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State sovereignty
One of the most important ways in which the Constitution safeguards state sovereignty is by guaranteeing each state representation in both houses of Congress. The first clause of Section 3 of Article 1 states that each state shall have two senators, serving staggered six-year terms, and each senator shall have one vote. This provision, known as the Connecticut Compromise, ensures that states are equally represented in the Senate, regardless of their population.
Additionally, the Constitution specifies that representatives in the House shall be apportioned among the states according to their respective populations, with each state having at least one representative. This provision, found in Section 2 of Article 1, ensures that states with larger populations have greater representation in the House, while still guaranteeing every state a minimum level of representation.
The Constitution also protects state sovereignty by limiting the power of Congress to impose certain taxes on the states. Section 9 of Article 1 states that direct taxes must be apportioned by state populations, and that no tax may be imposed on exports from any state. Furthermore, Congress is prohibited from giving preference to the ports of one state over another in terms of revenue and commerce legislation.
The Constitution also includes provisions to protect states' rights in the legislative process. For example, Section 5 of Article 1 states that each house of Congress shall be the judge of the elections, returns, and qualifications of its own members, and that neither house may adjourn for more than three days without the consent of the other. This ensures that states have a say in the composition and proceedings of Congress.
Finally, the Constitution outlines a process for amending the document, which includes a role for state legislatures. According to Section 5 of Article 1, if two-thirds of both houses of Congress deem it necessary, they may propose amendments to the Constitution. Alternatively, on the application of the legislatures of two-thirds of the states, Congress shall call a convention for proposing amendments. In either case, the amendments must be ratified by the legislatures of three-fourths of the states to become valid. This process ensures that states have a significant role in any changes made to the Constitution.
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Amendments
Article One of the United States Constitution outlines the powers of the legislative branch of the federal government (Congress). Section One of Article One establishes the legislative branch and outlines the composition and powers of Congress.
The process of proposing and ratifying amendments is outlined in Article Five. Amendments can be proposed by Congress with a two-thirds majority vote in both houses, or by a convention called by two-thirds of the state legislatures. For an amendment to become part of the Constitution, it must be ratified by the legislatures of three-fourths of the states or by conventions in three-fourths of the states, depending on the mode of ratification proposed by Congress.
The Copyright Clause in Section Eight of Article One, which grants Congress the power to promote the progress of science and useful arts by granting copyrights and patents of limited duration, is the only instance of the word "right" in the original Constitution. This clause has been interpreted and shaped by Supreme Court rulings, such as the Eldred v. Ashcroft case in 2003, which upheld the constitutionality of repeated extensions to the term of copyright.
The Seventeenth Amendment, ratified in 1913, superseded the original provision for the election of senators. The amendment provides that senators are to be elected by the people of each state, serving staggered six-year terms, and each senator has one vote.
The Sixteenth Amendment, adopted in 1913, exempted income taxes from the direct taxes apportionment requirement. This amendment overturned the previous interpretation of the Constitution, which restricted income tax to regular income and excluded dividends and capital gains.
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Frequently asked questions
Section One specifies that the House of Representatives will be composed of members chosen every second year by the people of the several states. Each state must have at least one representative, and the number of representatives must not exceed one for every thirty thousand.
Section One outlines that Congress has the power to make all laws necessary to carry out its powers and those vested by the Constitution in the US government. Congress may also coin money, regulate the value of currency, punish counterfeiters, and fix standards of weights and measures.
Section One states that Congress can constitute tribunals inferior to the Supreme Court. Congress also has the power to declare war and make rules concerning captures on land and water.
