Simone Lawson
The US Constitution is the foundation of the country's legal system and outlines the powers and responsibilities of Congress. Congress, which consists of the Senate and the House of Representatives, has the power to make laws, raise armies, declare war, admit new states to the Union, and regulate federal elections. Each House keeps a journal of its proceedings and has the power to judge the elections, returns, and qualifications of its members. The Constitution also establishes the judicial power of the Supreme Court and inferior tribunals, outlining their jurisdiction in various cases, including those involving ambassadors, public ministers, and controversies between states.
| Characteristics | Values |
|---|---|
| Powers | To constitute tribunals inferior to the Supreme Court; to define and punish piracies and felonies committed on the high seas and offenses against the law of nations; to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; to raise and support armies; to provide for organizing, arming, and disciplining the militia; to exercise exclusive legislation over a district not exceeding ten miles square; to make all laws necessary and proper for carrying into execution the powers vested by the Constitution in the government; to guarantee each state a republican form of government and protect them against invasion and domestic violence; to admit new states into the Union; to dispose of and make rules and regulations for territories and properties of the United States; to assemble at least once a year; to be the judge of the elections, returns, and qualifications of its members; to keep a journal of its proceedings and publish it, except for parts requiring secrecy |
| Composition | Consists of a Senate and a House of Representatives; each state is represented by two senators, totaling 100 members in the Senate; members of the House of Representatives are chosen every two years by the people of the states; representatives are apportioned among the states according to their respective numbers, with each state having at least one representative; the number of representatives shall not exceed one for every 30,000 people |
| Member Requirements | Senators must be at least 30 years old, citizens of the US for nine years or more, and residents of the state they represent; representatives must be at least 25 years old, citizens of the US for seven years, and inhabitants of the state they represent when elected |
| Privileges | Senators and representatives receive compensation for their services, are privileged from arrest in most cases, and are protected from liability for any speech or debate in either House |
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What You'll Learn
Congress can admit new states into the Union
The US Constitution grants Congress the power to admit new states into the Union. This power is known as the Admissions Clause. The Clause also states that no new state shall be formed within the jurisdiction of an existing state, and that no state shall be formed by the joining of two or more states, or parts of states, without the consent of the concerned state legislatures and Congress.
The Admissions Clause has played a significant role in American history, with 37 states admitted to the Union by Congress under this power. An example of this is the admission of Tennessee in 1796. However, the consent requirement has only come into play a handful of times, such as when Massachusetts consented to the formation of Maine.
The Equal Footing Doctrine, a principle of constitutional law, states that all states must be admitted on an equal footing with the original states. This means that Congress may not impose conditions solely as a tribute for admission, but it may impose requirements that would be valid and effectual if the subject of congressional legislation after admission. For example, Congress may regulate commerce or create rules for the care and disposition of public lands within a state. The Supreme Court has applied the Equal Footing Doctrine in cases such as Coyle v. Smith (1911), where it struck down a condition in the Oklahoma Enabling Act that restricted the ability of the newly admitted state to move its state capital.
The process of admitting new states is often outlined in an enabling act, which details the mechanism by which a territory will be admitted as a state after the ratification of its constitution and the election of state officers. The broad outline for this process was established by the Land Ordinance of 1784 and the 1787 Northwest Ordinance, which predate the US Constitution.
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Congress can make and alter regulations for elections
The U.S. Constitution grants Congress the power to make and alter regulations for federal elections. This includes the times, places, and manner of holding elections for Senators and Representatives, except for the places of choosing Senators. This power is derived from Article I of the Constitution, which outlines the legislative powers vested in Congress.
Article I, Section 2 of the Constitution states that each state shall have two Senators, who are elected by the people of that state. Senators must be at least 30 years old, U.S. citizens for nine years or more, and residents of the state they represent. The Constitution also specifies that Representatives shall be chosen every second year by the people of the respective states, with qualifications including a minimum age of 25 years and U.S. citizenship for at least seven years.
The Constitution further dictates that each House of Congress, namely the Senate and the House of Representatives, shall be the judge of the elections, returns, and qualifications of its own members. This means that each House has the authority to review and decide on matters related to the election and qualification of its members. This includes resolving disputes, determining the validity of election results, and ensuring that members meet the required qualifications to hold office.
While the Constitution grants Congress the power to make and alter election regulations, it also provides a framework to ensure fair and consistent elections. The Constitution specifies that the times, places, and manner of holding elections for Senators and Representatives shall be prescribed in each state by the legislature thereof. This means that while Congress can make changes to election regulations, the implementation and specifics of elections are determined by each state's legislative body. This balance of power between the federal government and state governments helps to ensure that elections are conducted in a manner that is consistent with the laws and unique needs of each state.
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Congress has the sole power of impeachment
The United States Constitution grants the House of Representatives "the sole power of impeachment" (Article I, Section 2). The Senate, on the other hand, has the "sole power to try all impeachments" (Article I, Section 3). This means that the House of Representatives can charge an official of the federal government, and the Senate then sits as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official.
The process of impeachment is a fundamental component of the system of "checks and balances." It allows Congress to hold the executive branch accountable for their actions. The President, Vice President, and all civil officers of the United States are subject to impeachment for "treason, bribery, or other high crimes and misdemeanors." The definition of "high crimes and misdemeanors" is not specified in the Constitution and has long been debated.
The impeachment process typically begins with the House of Representatives approving articles of impeachment by a simple majority vote. These articles are then sent to the Senate, which acts as a court of impeachment. A committee of representatives, known as "managers," acts as prosecutors before the Senate, presenting evidence and questioning witnesses. For a conviction to occur, two-thirds of the Senate members present must concur.
The penalty for an impeached official upon conviction is removal from office. In some cases, the Senate has also disqualified officials from holding public office in the future. It is important to note that impeachment is not a criminal proceeding, and the removed official may still face criminal prosecution under a subsequent criminal proceeding. The president may not pardon in an impeachment case but can in any resulting federal criminal case.
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Congress can raise and support armies
The power to raise and support armies is granted to Congress by Article I, Section 8, Clause 12 of the US Constitution. This clause states that Congress has the power:
> "To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years".
This clause was included in the Constitution to prevent the abuse of power that had historically been observed in England, where the king had the power to initiate wars and raise and maintain armies without the consent of Parliament, often to the detriment of the liberties and well-being of Englishmen. The English Declaration of Rights of 1688 provided that the king could not maintain standing armies without Parliament's consent, and this influenced the Framers of the US Constitution to vest the power to raise and support armies in Congress, rather than in the executive branch.
The power to raise and support armies includes the power to conscript or draft individuals into military service. This power has been upheld by the US Supreme Court, which has recognised Congress's "broad constitutional power" in this area. However, the Supreme Court has also held that Congress may not enact a compulsory draft law that would deprive the states of their right to "a well-regulated militia", or that would impose involuntary servitude in violation of the Thirteenth Amendment.
While Congress has the primary power to raise and support armies, it is worth noting that the US Constitution also grants Congress the power to organise, arm, and discipline the militia, which includes the power to call forth the militia to execute the laws of the union, suppress insurrections, and repel invasions. This power is reserved to the states, with the appointment of officers and the authority to train the militia according to the discipline prescribed by Congress.
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Congress can define and punish piracies and felonies committed on the high seas
The US Constitution grants Congress the power to define and punish piracies and felonies committed on the high seas, as well as offenses against the law of nations. This authority is derived from Article I, which outlines the powers of Congress and includes the "Define and Punish Clause."
The "Define and Punish Clause" empowers Congress to address crimes that occur on the high seas, beyond the territorial waters of any single nation. This includes acts of piracy, which have traditionally been defined by international law and treaties. By granting Congress the authority to define and punish piracies, the Constitution ensures that these crimes can be addressed through legislation and legal proceedings.
Congress's role in defining and punishing felonies committed on the high seas is equally important. Felonies are serious crimes, and by having the power to address them, Congress can ensure that justice is served even in situations where the crime occurs outside the jurisdiction of any individual state. This provision was included in the Constitution to prevent impunity for severe crimes committed beyond state boundaries.
In addition to piracies and felonies, Congress also has the power to address offenses against the law of nations. This aspect of the "Define and Punish Clause" has been interpreted to include the authority to sanction the jurisdiction of military commissions to try persons for offenses against the law of war. This interpretation was affirmed in the case of Ex parte Quirin in 1942, where the Court recognized Congress's authority to define and punish such offenses.
Overall, the "Define and Punish Clause" grants Congress significant powers to address crimes that occur on the high seas or impact international relations. This clause ensures that acts of piracy, serious felonies, and offenses against the law of nations can be effectively addressed through legislative and judicial means.
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Frequently asked questions
The U.S. Constitution is the supreme law of the United States. It outlines the powers and responsibilities of the three branches of the federal government: the legislative, executive, and judicial branches. It also establishes the rights and freedoms of the people and citizens of the United States.
Congress is the legislative branch of the U.S. government, consisting of the Senate and the House of Representatives. It has the power to make laws, raise and support armies, declare war, regulate interstate commerce, and more. Congress also has the power to impeach and remove federal officials, including the President, from office.
Congress is required to assemble at least once a year. The default meeting date is the first Monday in December, unless a different day is appointed by law.
