Omar Bennett
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress enumerated powers, including the power to pass laws necessary and proper to carry out those powers. Article One also establishes the procedures for passing a bill and places limits on the powers of Congress and the states from abusing their powers.
| Characteristics | Values |
|---|---|
| Powers | To lay and collect taxes, duties, imposts, and excises; To regulate commerce with foreign nations, and among the states, and with Indian tribes; To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions; To raise and support armies; To declare war; To establish an uniform rule of naturalization; To make all laws which shall be necessary and proper for carrying into execution the foregoing powers |
| Limitations | No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay; No person except a natural-born Citizen, or a Citizen of the United States, shall be eligible for the Office of the President; No Senator, Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector |
| Procedures | Each House shall be the judge of the elections, returns, and qualifications of its own members; Each House may determine the rules of its proceedings; Each House shall keep a journal of its proceedings and publish it, except for parts that require secrecy; When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies |
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What You'll Learn
Congress can meet without the President
The U.S. Constitution outlines the powers and duties of the President and Congress. While the President is the Commander-in-Chief of the Army and Navy of the United States, and of the Militia of the several States, Congress holds significant powers in relation to the Presidency.
Firstly, Congress has the power to impeach the President, as was seen with Andrew Johnson and William Clinton, who were impeached for allegedly violating their Take Care Clause duties. The Take Care Clause is a provision that serves as a check on presidential power, as it mandates the President to faithfully execute the laws of Congress without disregarding them.
Secondly, in the case of the removal, death, resignation, or inability of the President to discharge the powers and duties of the office, the duties devolve upon the Vice President. Congress may, by law, provide for such cases, declaring which officer shall act as President until a new President is elected or the disability is removed.
Thirdly, Congress plays a role in the election of the President. Each state appoints Electors, equal in number to their Senators and Representatives in Congress, who then vote for the President. The Electors make a list of their votes, which is sent to the President of the Senate.
Finally, while the President has the power to make treaties and appoint Ambassadors, public Ministers, Consuls, and Judges of the Supreme Court, these powers are checked by the requirement of the advice and consent of the Senate.
In conclusion, while the President holds significant powers as Commander-in-Chief, Congress has substantial powers and duties in relation to the Presidency, including impeachment, providing for vacancies in the office, and checking the President's appointment and treaty-making powers. Therefore, Congress can indeed meet and function without the President, as outlined in the U.S. Constitution.
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Powers to raise and support armies
The power to raise and support armies is a crucial aspect of national defence and security. This power is formally granted to Congress in the Constitution of the United States, specifically in Article I, Section 8. This section outlines the powers of Congress and includes the "Power to raise and support Armies," along with the power "to provide and maintain a Navy."
The ability to raise and support armies is essential for a nation's ability to defend itself against external threats and to maintain its sovereignty. By granting this power to Congress, the Constitution ensures that the legislative branch has the authority to make decisions regarding the establishment, funding, and maintenance of land forces.
Congress has the authority to authorise the recruitment, training, and deployment of military personnel, as well as to appropriate funds for their compensation, equipment, and overall welfare. This includes the power to determine the size and composition of the army, the terms of enlistment and service, and the regulations governing military discipline and conduct.
In addition to raising armies, Congress also has the responsibility to provide for their support and maintenance. This includes allocating funds for military bases, infrastructure, and logistics, and ensuring that soldiers have access to adequate medical care, housing, and other necessary resources. The power to support armies also encompasses the authority to make laws governing military contracts, acquisitions, and financial management.
Over time, Congress has passed various laws and resolutions to further define and refine the powers outlined in Article I, Section 8. These legislative actions provide a framework for the organisation and operation of the armed forces, ensuring that the military operates within the boundaries established by the Constitution and in accordance with the laws of the land.
The power to raise and support armies carries significant responsibility, as it involves balancing the need for a strong defence with the responsible stewardship of public funds. It also requires Congress to remain vigilant and adaptable, ensuring that the military is equipped to address evolving threats and challenges while also respecting the freedoms and rights guaranteed to citizens by the Constitution. This delicate balance between national security and individual liberties is at the core of democratic governance.
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Congress can regulate commerce with foreign nations
Article I of the US Constitution establishes the legislative branch of the federal government, the United States Congress. Under Article I, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article I grants Congress enumerated powers, including the power to regulate commerce with foreign nations, and the ability to pass laws "necessary and proper" to carry out those powers.
The specific clause in Article I that empowers Congress to regulate commerce with foreign nations is known as the "Commerce Clause." It states that "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States."
The Commerce Clause gives Congress the authority to regulate commerce with foreign nations and among the states. This includes the power to impose tariffs, duties, and other restrictions on imports and exports to protect domestic industries, ensure fair trade practices, and promote economic growth. It also enables Congress to negotiate and ratify international trade agreements, ensuring that US businesses can compete globally and that American consumers have access to foreign goods and services.
Over time, the interpretation of the Commerce Clause has evolved through court cases and legislative actions. For example, in the early 20th century, the Supreme Court interpreted the Commerce Clause broadly to allow Congress to regulate economic activities that substantially affect interstate commerce. This interpretation has been applied to areas such as labour relations, civil rights, and environmental protection, recognising that these issues often have a significant impact on interstate commerce.
In conclusion, the formal act of Congress empowered by the Constitution, specifically Article I, includes the authority to regulate commerce with foreign nations. This power enables Congress to shape international trade policies, protect American economic interests, and address issues with a substantial impact on interstate commerce, making it a vital tool for governing foreign commerce and ensuring the country's economic well-being.
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Congress can declare war
The US Constitution, in Article One, establishes the legislative branch of the federal government, the United States Congress. It is a bicameral legislature consisting of the House of Representatives and the Senate.
Article One grants Congress enumerated powers, including the power to declare war. This is a formal act of Congress, empowered by the Constitution, and outlined in Article One, Section 8. This section outlines Congress's ability to "declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water".
Congress also has the power to raise and support armies, but no appropriation of money for this purpose can be for longer than two years. Congress can also call forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions.
The Constitution further empowers Congress to meet at least once a year, regardless of whether the president calls it into session. This is to ensure Congress acts as a check upon the executive branch.
Congress also has the power to lay and collect taxes, duties, imposts, and excises, to pay debts, and provide for the common defence and general welfare of the United States. They can also regulate commerce with foreign nations and Indian tribes, and establish rules of naturalization and bankruptcy laws.
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Congress can impeach the President
The United States Constitution provides Congress with the power to impeach the President. Article I, section 2, states that the House of Representatives "shall have the sole Power of Impeachment", while Article I, section 3, assigns the Senate "the sole Power to try all Impeachments". This process was initiated against former President Richard Nixon in 1974, prompting his resignation.
The impeachment process involves the House of Representatives charging an official of the federal government, including the President, through a simple majority vote. The House then sends its articles of impeachment to the Senate, which sits as a High Court of Impeachment. The Senate considers evidence, hears witnesses, and votes to acquit or convict the impeached official. A two-thirds majority is required for conviction, which results in removal from office and, in some cases, disqualification from holding public office in the future.
The Constitution does not define "high Crimes and Misdemeanors", which has long been debated. However, Congress's power of impeachment serves as a check on the Executive and Judicial Branches, holding government officers accountable for violations of the law and abuses of power. This power extends to the President, Vice President, and all civil officers of the United States.
Congress's authority to impeach the President is a formal act empowered by the Constitution, specifically Articles I and II, which outline the impeachment process and the officials subject to impeachment. The impeachment process is a crucial component of the system of checks and balances, ensuring accountability and preventing abuses of power.
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Frequently asked questions
Article One of the Constitution of the United States establishes the legislative branch of the federal government, the United States Congress.
Article One grants Congress enumerated powers, including the power to pass laws, and the ability to raise and support armies, regulate commerce with foreign nations, and establish rules for naturalization and bankruptcy laws.
The Vesting Clause of Article One grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate.
Congress has the power to provide for the removal, death, resignation, or inability of the President, and to declare what officer shall act as President until a new President is elected or the disability is removed.
