The Constitution's Heart: Powers And Limits

The United States Constitution, beginning with the famous words We the People, is composed of a preamble, seven articles, and 27 amendments. Article One, the longest article, establishes the US federal government's legislative branch, outlining its powers and responsibilities. It consists of 10 sections, addressing the US Congress, its structure, and powers, including the House of Representatives, the Senate, and the Vice President's role as the Senate President. Article One's Vesting Clause grants all federal legislative powers to Congress, comprising the House of Representatives and the Senate, and it establishes the separation of powers among the three branches of the federal government.

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Legislative branch

The Legislative Branch, also known as Congress, is one of three branches of the US government, alongside the Executive and Judicial branches. It is composed of a Senate and a House of Representatives, with all legislative powers vested in it.

The Legislative Branch has several key responsibilities, including lawmaking, declaring war, regulating commerce, and controlling taxing and spending policies. It also has the power to propose amendments to the Constitution, with a two-thirds majority in both Houses, or by calling a convention for proposing amendments at the request of two-thirds of the states.

The Senate and the House of Representatives each have specific roles and powers. The Senate confirms or rejects the President's nominees for federal agencies and high court appointments, and can also provide consent for a state to be deprived of its equal suffrage in the Senate. The House of Representatives, on the other hand, is responsible for initiating revenue-raising bills and impeachments. Members of the House of Representatives are chosen every second year by the people of the various states, with qualifications mirroring those of electors in the most populous branch of the state legislature.

The Legislative Branch also has certain powers that overlap with the other branches of government. For example, while the President can veto legislation created by Congress, Congress can remove the President from office in exceptional circumstances. Similarly, the Legislative Branch has the power to define and punish piracies and felonies, as well as offences against the Law of Nations, which intersects with the role of the Judicial Branch.

Congress's enumerated powers

The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The largest section of the Constitution addresses the powers of Congress, which are enumerated in Article I, Section 8.

Article I, Section 8 of the US Constitution outlines the enumerated powers granted to Congress. These powers are specifically listed to limit the authority of the legislative branch. Here is a detailed overview of Congress's enumerated powers:

Enumerated Powers of Congress

• Legislative Power — The Constitution vests all legislative powers in Congress, consisting of the Senate and the House of Representatives. The House conducts elections every two years, with members chosen by the people of the respective states.
• Taxation and Finance — Congress has the power to lay and collect taxes, pay debts, and borrow money.
• Commerce and Trade — It can regulate commerce, coin money, and protect intellectual property, including patents and copyrights.
• Military and Defence — Congress has the authority to raise and support armies, provide for and govern the militia, and declare war. It can also establish rules concerning captures on land and water.
• Law and Judiciary — Congress can establish lower courts, define and punish crimes, including piracy and felonies on the high seas, and make laws necessary for executing its powers.
• State and Territorial Affairs — It can establish post offices and govern territories and property acquired by the United States.
• Science and Arts — Congress promotes the progress of science and useful arts by securing intellectual property rights for authors and inventors for a limited time.

Necessary and Proper Clause

Additionally, Congress can stretch its enumerated powers through the Necessary and Proper Clause (also known as the Elastic Clause). This clause allows Congress "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested in the government of the United States." This provision has been broadly interpreted, granting Congress implied powers that may not be specifically enumerated in the Constitution.

House of Representatives

The United States Constitution, beginning with the words "We the People", is composed of a preamble, seven articles, and 27 amendments. The first of these seven articles, Article One, establishes the House of Representatives.

Article One, Section 2 of the Constitution provides for both the minimum and maximum sizes for the House of Representatives. The number of representatives is not to exceed one for every thirty thousand people, and each state is guaranteed at least one representative. The size of the House of Representatives is currently fixed at 435, with each state being entitled to at least one representative.

The Constitution outlines that the House represents citizens based on district populations, while the Senate represents citizens on an equal state basis. This agreement was part of what is referred to as The Great Compromise. The House of Representatives is led by the speaker, majority and minority leaders, assistant leaders, whips, and a party caucus or conference.

The House also has standing committees with different legislative jurisdictions. Each committee considers bills and issues and recommends measures for consideration by the House. The Committee of the Whole House, on which all representatives serve, meets in the House Chamber for the consideration of measures from the Union calendar.

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Impeachment

In the United States, impeachment is a process by which a legislature may bring charges against an officeholder for misconduct. The grounds for impeachment are "Treason, Bribery, or other high Crimes and Misdemeanors", though the Constitution does not define "high crimes and misdemeanors". The process is remedial rather than punitive, and the remedy is limited to removal from office. The Constitution gives Congress the authority to impeach and remove the President, Vice President, and all civil officers of the United States.

The impeachment power also had a toehold in Revolutionary-era America. Prior to the ratification of the U.S. Constitution in 1788, individual states had provided for impeachment in cases of "maladministration" or "corruption." During the Constitutional Convention, the Founders—fearing the potential for abuse of executive power—considered impeachment so important that they included it in Article I of the Constitution even before they defined the contours of the presidency in Article II.

The House of Representatives charges an official of the federal government by approving, by a simple majority vote, articles of impeachment. After the House of Representatives sends its articles of impeachment to the Senate, the Senate sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official. A committee of representatives, called "managers," act as prosecutors before the Senate. The Senate has the sole power to try all impeachments and can vote by a two-thirds majority to convict an official, removing them from office. The Senate can also, with just a simple-majority vote, vote to bar an individual convicted in a Senate impeachment trial from holding future federal office.

In the case of presidential impeachment trials, the Chief Justice of the United States presides. The Constitution requires a two-thirds vote of the Senate to convict. The impeachment of Senator William Blount of Tennessee in 1797 established the principle that Members of Congress and Senators were not "civil officers" under the Constitution, and accordingly, they could only be removed from office by a two-thirds vote for expulsion by their respective chambers.

Amendments

The US Constitution is composed of a preamble, seven articles, and 27 amendments. The first 10 amendments, ratified in 1791, are known as the Bill of Rights.

The US Constitution outlines the process for amending the document. The Congress, whenever two-thirds of both Houses deem it necessary, shall propose Amendments to the Constitution. Alternatively, on the application of the legislatures of two-thirds of the several States, Congress shall call a Convention for proposing Amendments. In either case, the Amendments will be valid when ratified by the legislatures of three-fourths of the several States or by Conventions in three-fourths thereof.

The Amendments to the Constitution have been used to clarify and interpret the original text, as well as to address issues that were not contemplated at the time of its drafting. For example, the first 10 amendments, or the Bill of Rights, outline the basic rights and freedoms of citizens, such as freedom of speech, religion, and the right to bear arms.

The process of amending the Constitution is deliberately challenging, requiring supermajority support in both Houses of Congress or among the state legislatures to propose and ratify changes. This ensures that any amendments reflect broad consensus and are not enacted lightly.

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