Simone Lawson
The US Constitution, in Article I, outlines the role and powers of the legislative branch of the US government, which is the Congress. The legislative powers are vested in the Congress, which consists of a Senate and a House of Representatives. The Constitution grants Congress the authority to make laws necessary for executing the powers vested in the US government. This includes the power to declare war, raise and support armies, define and punish felonies, and promote scientific progress. Congress also has a role in the election process, assembling annually to judge the elections, and each house can determine its rules, expel members, and keep a journal of its proceedings.
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What You'll Learn
Congress has the power to make laws
The US Constitution, in Article I, outlines the role of the legislative branch of the US government, which is the Congress. The legislative powers are vested in the Congress, which consists of a Senate and a House of Representatives.
The Constitution grants Congress the power to make laws necessary and proper for executing the powers vested in the US government and its departments. This includes the power to tax and appropriate funds, as well as regulate commerce. Congress can also make laws regarding the migration or importation of persons, provided they do not prohibit the migration of persons that states choose to admit prior to 1808, and may impose taxes or duties on such importation.
Congress has the authority to assemble at least once a year, with the power to appoint a different day if necessary. Each House of Congress has the authority to judge the elections, returns, and qualifications of its members, as well as determine its rules of proceeding and punish members for disorderly behaviour.
In addition to lawmaking, Congress has the power to declare war, raise and support armies, provide for the militia, and make rules concerning captures on land and water. Congress can also establish tribunals inferior to the Supreme Court and define and punish piracies and felonies committed on the high seas.
The Constitution further grants Congress the power to promote the progress of science and useful arts by securing exclusive rights to authors and inventors for their writings and discoveries for limited times.
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Congress can assemble at least once a year
The US Constitution, in Article I, outlines the role and powers of the legislative branch of the US government, which is the Congress. It consists of a Senate and a House of Representatives.
The Constitution states that Congress shall assemble at least once a year. This meeting was to be held on the first Monday in December, unless another day was appointed by law. This was to avoid a "lame duck" Congress, which could occur when a new Congress was elected in November, but the previous Congress remained in office until the following March. The Twentieth Amendment (1933) changed this by moving the beginning of the Congressional term to January 3rd, thus shortening the time between Election Day and the start of the Congressional term.
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, an individual must be at least twenty-five years old, have been a citizen of the United States for at least seven years, and be an inhabitant of the state in which they are chosen.
Each House of Congress is responsible for judging 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. Each House determines the rules of its proceedings and may punish members for disorderly behavior. With the concurrence of two-thirds, a member may be expelled.
In summary, the US Constitution mandates that Congress assemble at least annually, with provisions for the composition, rules, and procedures of each House.
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Each House can determine its own rules
The US Constitution, in Article I, outlines the role and powers of the legislative branch of the US government, which is the Congress. It consists of a Senate and a House of Representatives. The Constitution grants Congress the power to make laws and outlines the process by which these laws are made.
One of the key provisions in Article I of the Constitution regarding Congress is the clause that states, "Each House may determine the rules of its proceedings". This means that the Senate and the House of Representatives each have the authority to establish their own rules and procedures for conducting business. This includes setting the requirements for debating and passing legislation, holding votes, and managing the overall legislative process.
By granting each House the ability to determine its own rules, the Constitution provides a degree of flexibility and autonomy to the legislative branch. This allows each House to adapt its procedures to the specific needs and dynamics of that chamber. It also enables them to establish norms and traditions that may evolve over time as the composition and priorities of each House change.
The ability of each House to set its own rules is balanced by other provisions in the Constitution that outline checks and balances between the branches of government. For example, while each House can determine its internal rules, the executive branch, led by the President, has the power to veto legislation passed by Congress. Additionally, the judicial branch, through the Supreme Court, can review and strike down laws passed by Congress if they are found to be unconstitutional.
Overall, the clause "Each House may determine the rules of its proceedings" grants significant procedural autonomy to the Senate and the House of Representatives, enabling them to establish the specific processes by which they exercise their legislative powers within the framework set out by the Constitution.
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Congress can declare war
Article I of the US Constitution outlines the role of the legislative branch of the US government, which is the Congress. It consists of a Senate and a House of Representatives. The House of Representatives is composed of members chosen every second year by the people of the several states.
The Congress has several powers, one of which is the ability to declare war. This is known as the Declare War Clause. This means that Congress can formally announce that a state of war exists between the United States and another country.
However, the interpretation of the Declare War Clause is complex and has been the subject of much debate. Some scholars argue that the President can use military force if specifically authorized by Congress, either through a formal declaration of war or an informal statutory authorization. For example, after the September 11, 2001 attacks, Congress authorized the President to use force against those responsible, as well as those who supported or assisted them. In other cases, Congress has authorized the use of force to protect US interests and allies, as in Southeast Asia, which led to the Vietnam War.
There are also situations where the President's use of military force may not require explicit authorization from Congress. For instance, the deployment of US troops as peacekeepers may not constitute involvement in war in the constitutional sense and thus may not require approval under the Declare War Clause. Additionally, it has been argued that using force against non-state actors, such as terrorist organizations, may not amount to war and therefore may not require congressional authorization.
The Supreme Court has also recognized that Congress need not issue a formal declaration of war to authorize military action. Instead, Congress can authorize the President to use force within defined parameters that do not rise to the level of a general declaration of war.
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Congress can raise and support armies
Article I of the US Constitution outlines the role of the Congress, which consists of a Senate and a House of Representatives. The legislative powers granted by the Constitution are vested in Congress.
Congress has the power to raise and support armies. This power includes the ability to classify and conscript manpower for military service, as well as to raise and regulate armies and navies. This power is distinct from the authority to call forth the militia, and it is not limited by it.
The framers of the Constitution were aware that the power to maintain armies had been used to the detriment of the liberties and well-being of Englishmen in the past. To prevent this, they included a limitation that no appropriation of money for the army shall be for longer than two years. This was to prevent the development of standing armies.
However, this limitation has been interpreted and challenged over time. For example, in 1904, the question arose whether this provision would be violated if the government contracted to pay royalties for using a patent in constructing military equipment, with payments continuing for more than two years. Solicitor-General Hoyt ruled that such a contract would be lawful, as the appropriations limited by the Constitution refer specifically to raising and supporting armies, not the means they use in military operations.
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Frequently asked questions
The US Constitution grants Congress the power to make laws and govern the country. Congress consists of a Senate and a House of Representatives.
The House of Representatives is made up of members chosen every second year by the people of the various states. To be a Representative, one must be at least 25 years old and a citizen of the United States for at least seven years.
The Constitution grants Congress the power to declare war, raise and support armies, define and punish piracies and felonies on the high seas, and make rules concerning captures on land and water. Congress can also pass laws to promote the progress of science and the arts by granting exclusive rights to authors and inventors.
The US Constitution, in Article I, mandates that Congress assemble at least once a year. The default date for this assembly is the first Monday in December, unless changed by law.
Each House of Congress is the judge of the elections, returns, and qualifications of its members. A majority constitutes a quorum to do business, but a smaller number may adjourn from day to day. Each House may determine its rules of proceeding and may expel a member with a two-thirds concurrence.
