The Us Constitution: Legislative Power Explained

Article I of the US Constitution establishes the Legislative Branch of the federal government, outlining the design of the legislative branch of the US government and describing the separation of powers between branches of government, the election of Senators and Representatives, the process by which laws are made, and the powers that Congress has.

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Legislative powers vested in Congress

Article I of the US Constitution outlines the legislative powers vested in Congress. This article establishes the structure and role of the legislative branch of the US government, which consists of the Senate and the House of Representatives.

The legislative powers granted to Congress include the authority to make laws and the power of impeachment. Congress is responsible for creating laws necessary for executing the powers vested in the US government by the Constitution. This includes laws related to taxation, spending, commerce, and other areas. The House of Representatives holds the sole power of impeachment, which can result in the removal of officials from office and their disqualification from holding future offices.

Congress also has the power to regulate elections for Senators and Representatives, including the times, places, and manner of holding these elections. However, they cannot alter the regulations regarding the places of choosing Senators. Additionally, Congress is required to assemble at least once a year, with the default meeting date being the first Monday in December unless otherwise changed by law.

The House of Representatives and the Senate each have specific roles and powers. The House of Representatives chooses its Speaker and other officers, while the Senate is composed of two Senators from each state, serving six-year terms, with each Senator holding one vote. The Representatives are chosen every second year by the people of the states, and they must meet certain qualifications, including being at least twenty-five years old and having been a citizen of the United States for at least seven years.

The separation of powers principle is crucial for Congress, as outlined in Article I. This principle prohibits Congress from delegating its legislative authority to the other branches of government, known as the nondelegation doctrine. However, the Supreme Court has ruled that Congress can delegate regulatory powers to executive agencies if they provide an "intelligible principle" for the agency's actions.

Separation of powers

Article I of the U.S. Constitution outlines the legislative branch of the US government, which is Congress. It describes the separation of powers between the different branches of government, also known as checks and balances.

The separation of powers principle is especially significant for Congress. The Constitution states that Congress may only exercise legislative powers "herein granted" within Article I (as later limited by the Tenth Amendment). This also implicitly prevents Congress from delegating its legislative authority to either of the other branches of government, a rule known as the nondelegation doctrine.

The nondelegation doctrine holds that the power assigned to each branch must remain with that branch and may be expressed only by that branch. However, the Supreme Court has ruled that Congress can delegate regulatory powers to executive agencies as long as it provides a clear and governing principle for the agency's exercise of the delegated regulatory authority.

Article I also outlines the election of Senators and Representatives, the process by which laws are made, and the powers that Congress has. The House of Representatives is composed of members chosen every second year by the people of the several states, and the electors in each state must have the qualifications required for electors of the most numerous branch of the state legislature.

The House of Representatives has the sole power of impeachment and chooses its Speaker and other officers. The Senate, on the other hand, is composed of two Senators from each state, chosen by the legislature for six years, with each Senator holding one vote.

Election of Senators and Representatives

Article I of the US Constitution outlines the legislative branch of the US government, including the election of Senators and Representatives.

Election of Senators

The Seventeenth Amendment to the United States Constitution, which was proposed by the 62nd Congress in 1912 and became part of the Constitution on April 8, 1913, states that the Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years. Each Senator shall have one vote. The electors in each state must have the qualifications required for electors of the most numerous branch of the state legislature.

Originally, under Article I, Section 3, Clauses 1 and 2 of the Constitution, each state legislature elected its state's senators for a six-year term. However, with the change to direct popular election of senators, the Seventeenth Amendment now allows governors, if empowered by state legislatures, to appoint a replacement and set a date for a special election to choose a successor to serve for the remainder of the term in the case of a vacancy due to the death or resignation of a senator.

Election of Representatives

The House of Representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state must have the qualifications required for electors of the most numerous branch of the state legislature. No person shall be a Representative who has not attained the age of twenty-five years, been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.

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Law-making process

Article I of the US Constitution outlines the legislative branch of the US government, also known as the Congress. It consists of the Senate and the House of Representatives. The legislative process involves the creation of bills, which are proposed laws, and their journey through the House and the Senate, before being presented to the President for approval.

Any member of the House of Representatives can introduce a bill while the House is in session. The bill is placed in the "hopper" next to the Clerk's desk, with the sponsor's signature, and an unlimited number of co-sponsors. The Clerk assigns a legislative number to the bill and refers it to the committee of jurisdiction, which reviews the bill. The committee may send the bill to a specialised subcommittee for further study, hearings, revisions, and approval. The first step in this process is usually a public hearing where committee or subcommittee members hear from witnesses representing different viewpoints.

After a bill is passed in the committee, it goes to the House for a vote. Votes may be taken by an electronic voting system, which records each member's response, or by voice vote, which does not record individual responses. If the bill passes in the House, it moves to the Senate for a similar process of consideration, research, discussion, changes, and voting. A bill must pass both bodies in identical form before being presented to the President. If the Senate makes changes to the bill, it must return to the House for concurrence or further amendments.

Once a bill is passed by both the House and the Senate in identical form, it is enrolled and sent to the President. The President can approve the bill and sign it into law within 10 days, or choose to veto it. If the President vetoes the bill, Congress can, in most cases, vote to override the veto, and the bill becomes law. However, if the President does not sign the bill and Congress is no longer in session, the bill is pocket-vetoed, and this action cannot be overridden.

Powers of Congress

Article I of the U.S. Constitution outlines the powers of Congress. It establishes the legislative branch of the US government, which consists of the Senate and the House of Representatives.

The House of Representatives is composed of members chosen every second year by the people of the states. Each state's electors must meet the qualifications required for electors of the most numerous branch of the state legislature. To become a Representative, one must be at least 25 years old, have been a US citizen for at least seven years, and be an inhabitant of the state they are chosen in.

The Senate, on the other hand, is composed of two Senators from each state, chosen by the state legislature for six-year terms. Each Senator holds one vote. After the first election, the Senators are divided into three classes to prevent a large turnover in any one election.

The House of Representatives has the sole power of impeachment and the power to choose its Speaker and other officers.

Congress has the power to make all laws necessary and proper for executing the powers vested in the US government by the Constitution. This includes the power to regulate taxation and spending, as well as commerce. Congress also has the power to regulate the election process for Senators and Representatives, including the times, places, and manner of holding elections. However, they cannot change the locations for choosing Senators. Congress must also assemble at least once a year, with the default meeting time being the first Monday in December.

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