Jonah Patel
Article I of the U.S. Constitution outlines the main constitutional requirements of Congress. It describes the design of the legislative branch of the U.S. government, including the separation of powers, the election of Senators and Representatives, law-making processes, and the powers vested in Congress. This article also specifies that Congress must assemble at least once a year and outlines the rules and procedures each House must follow, including the power to judge elections, expel members, and keep a journal of proceedings. Additionally, it addresses the migration of people, the writ of habeas corpus, taxation, and the formation of tribunals.
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What You'll Learn
Separation of powers
The US Constitution outlines the separation of powers between the three branches of government: the legislative, executive, and judicial. This system of checks and balances ensures that no single branch holds absolute power and that each branch has its own distinct authority and functions.
The legislative branch, consisting of the Senate and the House of Representatives, is responsible for making laws and holding the power of impeachment. The legislative branch also has the power to legislate for the United States, with the nondelegation doctrine stating that Congress may not delegate its lawmaking responsibilities to any other agency.
The executive branch, led by the President, is responsible for executing the laws enacted by the legislative branch. The President is the Commander-in-Chief of the armed forces and has the power to grant reprieves and pardons for offences, except in cases of impeachment. The President also plays a role in the legislative process, as each bill passed by the House and Senate must be presented to the President for approval.
The judicial branch, headed by the Supreme Court, interprets the laws and ensures that they are applied fairly and consistently. The Supreme Court has the power to declare laws unconstitutional if they violate the Constitution, such as in the case of the Stolen Valor Act of 2005, which was struck down for infringing on the right to free speech.
While the separation of powers is a key principle, there is some overlap and interdependence between the branches. The Supreme Court has vacillated between a formalistic approach, emphasising distinct branches, and a functional approach that permits flexibility and some overlap in functions. Additionally, Congress can write legislation to restrain executive officials, and the President can veto legislation passed by Congress.
The separation of powers provides a system of checks and balances that safeguards against the concentration of power in a single branch, promoting a more balanced and accountable government.
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Election of Senators and Representatives
The United States Congress consists of a Senate and a House of Representatives. The election of senators and representatives is a key constitutional requirement of Congress.
Election of Senators
The US Senate consists of 100 senators, with each state electing two senators for staggered six-year terms. Senators must be at least 30 years old, have been a citizen of the United States for at least nine years, and be a resident of the state they represent at the time of election. Vacancies in the Senate may be filled by a governor's appointment.
Election of Representatives
The House of Representatives consists of 435 members, each elected for a two-year term. The Reapportionment Act of 1929 established the number of representatives at 435, and they are elected from single-member constituencies or districts. Each state must have at least one representative, with the number of representatives per state based on its population. To be a representative, one must be at least 25 years old, a citizen of the United States for at least seven years, and an inhabitant of the state they represent at the time of election.
Congressional Elections
Congressional elections are held every even-numbered year, with members of the House of Representatives elected for a two-year term. Each House is responsible for judging the elections, returns, and qualifications of its members, and a majority constitutes a quorum to conduct business. Voting within Congress can be done through roll-call voting, electronic voting, or occasionally paper ballots.
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Law-making process
The legislative branch of the US government is Congress, which consists of a Senate and a House of Representatives. The legislative process is a cornerstone of American democracy, emphasising the protection of the minority and allowing all sides to be heard.
The law-making process in Congress is complex and rarely predictable, with many variations. It can be broadly divided into the following steps:
- Idea and Proposal: The engine of legislative ideas is Congress itself, but the President also has influence. The President recommends an annual budget and suggests legislation.
- Drafting: Committees and subcommittees draft and consider legislative proposals. They also provide oversight and investigations into public policy and its effects.
- Reconciliation: This is a multiple-step process that brings existing law in line with the most recently adopted budget resolution. It involves instructing committees to determine and recommend changes to laws to achieve budgetary constraints.
- Combination: The committees' recommendations are then combined into an omnibus reconciliation bill(s) and reported by the Committee on the Budget.
- Consideration: The House and Senate have different ways of processing legislation. The House favours quick action, while the Senate's rules provide more leverage to individual senators and favour deliberation.
- Approval: For a proposal to become a law, it must be approved by both Houses of Congress. This is a virtue of the bicameral legislative system, ensuring that all sides are heard.
- Presidential Review: The President has the power to veto legislation, which can affect the content of bills. It is unusual for a law to be enacted over a veto, so Congress must accommodate the President's position.
- Enactment: Once a bill is passed by both chambers, it is presented to the President.
Congress must assemble at least once a year and each House can determine the rules of its proceedings, including punishing members for disorderly behaviour, keeping a journal of proceedings, and compelling the attendance of absent members.
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Powers of Congress
Congress is a bicameral legislature, divided into two equal institutions: the House of Representatives and the Senate. Each state sends elected representatives and senators to Congress, with the House of Representatives being composed of members chosen every second year. Senators are elected for six-year terms, and every two years, one-third of the Senate is up for re-election.
Congress has a wide range of powers, including:
Legislative Powers
The power to make laws is one of Congress's most important powers. No bill can become a law without passing both houses of Congress, and Congress enacts laws that influence the daily lives of all Americans.
National Defence and War Powers
Congress has an important role in national defence, including the exclusive power to declare war, raise and maintain the armed forces, and make rules for the military. However, some critics argue that the executive branch has usurped Congress's power to declare war.
Taxation and Commerce
Congress has the power to lay and collect taxes, duties, imposts, and excises, as well as to borrow money on the credit of the United States. It also has the power to regulate commerce with foreign nations and among the states, including Native American tribes.
Coinage and Weights and Measures
Congress can coin money, regulate its value, and fix the standard of weights and measures.
Intellectual Property
Congress promotes 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.
Oversight and Investigation
Congress has the power to investigate and oversee the executive branch, which is usually delegated to committees and facilitated by Congress's subpoena power.
Constitutional Amendments
Congress has the power to propose amendments to the Constitution and specify ratification by state legislature or conventions.
These are some of the key powers held by Congress, which reflect its role as the government's most representative body, charged with reconciling diverse points of view on public policy issues.
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Congressional requirements for Representatives
The US Constitution outlines several requirements for Representatives in Congress. Firstly, the Constitution stipulates that Representatives must be at least 25 years old and must have been citizens of the United States for at least seven years. Additionally, they must be inhabitants of the state they are chosen to represent at the time of their election.
The Constitution also grants certain powers and privileges to Representatives. Each House of Congress, including the House of Representatives, is tasked with keeping a Journal of its proceedings, which is to be published regularly, with the exception of parts deemed confidential. Representatives are also guaranteed compensation for their services, which is to be determined by law and paid from the US Treasury. They are privileged from arrest in cases other than treason, felony, and breach of the peace during their attendance at Congress and when travelling to and from it. Furthermore, they cannot be questioned outside of Congress for any speech or debate that occurs within either House.
The Constitution also outlines the manner in which Representatives are chosen. They are chosen every second year by the people of the states, and electors in each state must have the qualifications required for electors of the most numerous branch of the state legislature. The Constitution grants each House the authority to be the judge of the elections, returns, and qualifications of its members. A majority of each House constitutes a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent members.
The House of Representatives specifically has the sole power of impeachment and chooses its own Speaker and other officers. The House represents citizens based on district populations, while the Senate represents citizens on an equal state basis.
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