Isabella Carter
Article One of the United States Constitution establishes the legislative branch of the federal government, the United States Congress, and outlines the procedures for passing a bill. It grants Congress various powers and the ability to pass laws necessary and proper to carry out those powers. It also places limits on the powers of Congress and the states to prevent abuse of power. Article One's Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. It is important to note that the Senate and the House have different functions and procedures. For example, only the House can initiate tax and revenue-related legislation, while the Senate handles legislation related to presidential nominations and treaties.
| Characteristics | Values |
|---|---|
| Legislative branch | Consists of the House of Representatives and the Senate |
| Legislative power | Granted to Congress |
| Legislative process | Bills must be presented to the President and signed to become law |
| Legislative limits | Powers of Congress and states are restricted to prevent abuse |
| Types of legislation | Public and private bills, joint and concurrent resolutions |
| Legislative content | Bills can propose new laws or changes to existing laws |
| Legislative initiation | Bills can be introduced by members of Congress or through citizen petitions |
| Legislative procedure | Bills are assigned to committees, researched, discussed, amended, and voted on |
| Legislative approval | Bills must pass through both houses of Congress and be signed by the President |
| Legislative override | Congress can override a presidential veto with a two-thirds majority |
| Legislative quorum | A majority of each house constitutes a quorum to conduct business |
| Legislative sessions | Congress must assemble at least once a year |
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What You'll Learn
Bills must be presented to the President to become law
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 various powers and the ability to pass laws "necessary and proper" to carry out those powers.
Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions.
If a bill passes both chambers of Congress, it must be presented to the President of the United States to become law. This procedure is known as the Presentment Clause. The President has ten days (excluding Sundays) to act upon the bill. If the President signs the bill, it becomes law. However, if the President disapproves of the bill, he must return it to the House in which it originated, along with his objections. This procedure is known as a veto. The bill does not become law unless both Houses, by two-thirds votes, override the veto. In overriding a veto, the votes of both houses must be done by yeas and nays, and the names of the persons voting for and against the bill must be recorded.
Additionally, there are certain types of legislation that do not require the President's signature to become law. For instance, joint resolutions are used for continuing or emergency appropriations and proposing amendments to the Constitution. While joint resolutions require the approval of both Chambers, they do not need the President's signature to become part of the Constitution. Concurrent resolutions are another type of legislation that does not carry the force of law and does not require the President's signature.
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The Vesting Clause grants federal legislative power to Congress
The US Constitution is the founding document of the nation, and it outlines the powers and responsibilities of the federal government. One of the key functions of the Constitution is to establish the legislative branch, which is responsible for drafting and passing laws. This power is granted to Congress through the Vesting Clause.
The Vesting Clause, also known as the Legislative Vesting Clause, is one of three Vesting Clauses in the Constitution that outline the powers of the federal government's three branches: the legislative, executive, and judicial. The Legislative Vesting Clause specifically grants legislative power to Congress, allowing it to create and pass laws. This clause ensures that Congress, which consists of the Senate and the House of Representatives, has the authority to propose, debate, and enact legislation on behalf of the American people.
The Legislative Vesting Clause serves several important purposes. Firstly, it limits the powers of Congress to those expressly granted in the Constitution, preventing overreach or abuse of power. Secondly, it diffuses legislative power by creating a bicameral legislature, with the Senate and the House of Representatives each having distinct roles and responsibilities in the law-making process. This diffusion of power helps ensure that laws are carefully considered and debated before being enacted.
Additionally, the Legislative Vesting Clause restricts the extent to which other branches of government, such as the executive or judicial branches, can interfere with or exert influence over the legislative process. This separation of powers is a fundamental principle in the US system of government, intended to create a system of checks and balances and prevent any one branch from becoming too powerful.
The Legislative Vesting Clause is a crucial component of the US Constitution, providing the basis for the law-making process and ensuring that Congress has the authority and responsibility to represent the interests of the people through the creation of laws. While Congress initiates and drafts bills, it is important to note that the executive branch, led by the President, also plays a role in the legislative process. The President has the power to veto bills passed by Congress, although Congress can override this veto with a sufficient majority vote.
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Congress is a bicameral legislature
The US Constitution's Article One establishes the legislative branch of the federal government, the United States Congress. Congress is a bicameral legislature, meaning it consists of two chambers: the House of Representatives and the Senate.
Article One grants Congress various powers and the ability to pass laws "necessary and proper" to execute those powers. It also establishes the procedures for passing a bill and limits on the powers of Congress and the states to prevent abuse. The Vesting Clause of Article One grants all federal legislative power to Congress. In conjunction with the vesting clauses of Articles Two and Three, it establishes the separation of powers among the three branches of the federal government.
The process of drafting a bill begins with a proposal for a new law or a change to an existing law. This proposal can come from a sitting member of the Senate or House of Representatives, be suggested during an election campaign, or be petitioned by citizens or groups who recommend a new or amended law to their Congressional representative. Once introduced, a bill is assigned to a committee that researches, discusses, and makes changes to it. The bill is then presented to the chamber for a vote. If it passes one body of Congress, it goes through a similar process in the other body. After both bodies approve a bill, they must reconcile any differences between their versions.
Bills for raising revenue must originate in the House of Representatives, but the Senate may propose or concur with amendments. Before becoming law, a bill must be presented to the President for approval. If the President disapproves, the bill is returned to the House, along with objections, where it can be reconsidered and passed with a two-thirds majority. This process is known as a veto, and it can be overridden by a two-thirds majority in both Houses. If the President approves, the bill becomes law.
There are four types of legislation: bills, joint resolutions, simple resolutions, and concurrent resolutions. Bills and joint resolutions are used to make laws, while simple and concurrent resolutions address congressional administration and express non-binding policy views. Joint resolutions are also used to propose constitutional amendments, which must be ratified by the states.
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Bills can be petitioned by citizens
The process of drafting a bill differs between the House of Representatives and the Senate. Bills can be proposed by a sitting member of the US Senate or House of Representatives, or they can be petitioned by citizens or citizen groups who recommend a new or amended law to a member of Congress that represents them. The right to petition is an ancient one in the US legal system and is considered foundational to a healthy democracy. The First Amendment, ratified in 1791 as part of the Bill of Rights, includes the right to "petition the Government for a redress of grievances". This has been interpreted as prohibiting government interference with petitioning activity.
The right to petition is also included in the constitutions of individual states. The first constitutions of Maryland, North Carolina, Pennsylvania, and Vermont, drafted about a decade before the First Amendment, all included the right to petition. By 1868, 34 of the 37 ratified state constitutions included an assembly-and-petition clause. Today, 48 of the 50 state constitutions include some version of this right. Only Minnesota and New Mexico's constitutions do not expressly provide a right to petition. Some states protect citizens' right to make requests of or complaints against the government more broadly than the federal Constitution.
Once a bill has been introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions.
If the president chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, in what is called a "pocket veto". This cannot be overridden by Congress.
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The President can veto a bill
The process of drafting a bill typically begins with a sitting member of the US Senate or House of Representatives proposing a new law or a change to an existing law. Once introduced, the bill is assigned to a committee that researches, discusses, and makes changes to it. It is then put before the chamber for a vote. If the bill passes one body of Congress, it goes through the same process in the other body. After both bodies have voted to accept the bill, they work together to reconcile any differences between their versions.
Once a bill passes both houses of Congress, it is sent to the President for approval. The President has ten days, excluding Sundays, to act on the legislation. If the President signs the bill within this timeframe, it becomes law. However, if the President chooses to veto the bill, they can do so by returning the unsigned legislation to the originating house of Congress, typically accompanied by a memorandum of disapproval or a "veto message." This act of vetoing a bill is a way for the President to express their objection to the proposed legislation and prevent it from becoming law.
It is important to note that a presidential veto can be overridden by Congress. If both the Senate and the House of Representatives muster a two-thirds vote to override the veto, the bill can still become law despite the President's objection. This process underscores the system of checks and balances in the US government, where the legislative branch can counter the executive branch's power to veto legislation.
In certain situations, the President can also exercise a pocket veto. A pocket veto occurs when the President does not sign a bill and Congress is no longer in session. In this case, the bill is vetoed by default, and it cannot be overridden by Congress. The authority for the pocket veto is derived from Article I, Section 7 of the Constitution, which states that "the Congress by their adjournment prevent its return, in which case, it shall not be law."
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Frequently asked questions
A bill is a proposal for a new law or a change to an existing law.
The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress representing them. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions.
Once a bill is drafted, it is sent to the President of the United States for approval. If the President approves, he signs it, and it becomes a law. If not, he must return it to the House, along with his objections. This procedure is known as a veto. The bill does not become a law unless both Houses vote to override the veto by a two-thirds majority.
