Malcolm Rivera
The U.S. Constitution divides the power of government and outlines the responsibilities of the national government and the states. It grants legislative powers to a Congress of the United States, which consists of a Senate and House of Representatives. The Constitution also includes provisions such as the Full Faith and Credit Clause, which requires states to accept the contracts, court decisions, and public acts of other states, and the Privileges and Immunities Clause, which prohibits states from discriminating against out-of-state persons by denying them access to courts, legal protection, property rights, and travel rights.
| Characteristics | Values |
|---|---|
| Legislative powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| House of Representatives | Members chosen every second year by the people of the states |
| Electors | Qualifications requisite for Electors of the most numerous branch of the State Legislature |
| Representatives | No person under 25 years of age, been a citizen for less than 7 years, or who is not an inhabitant of the state they are chosen in can be a Representative |
| Number of Representatives | No more than 1 for every 30,000 people, with a minimum of 1 Representative per state |
| Powers of the House of Representatives | Choose their Speaker and other officers, and have the sole power of impeachment |
| Powers of Each House | Be the judge of the elections, returns, and qualifications of its members; determine rules of proceedings; punish members for disorderly behaviour and expel them with a two-thirds majority; keep a journal of proceedings |
| Powers of Congress | Expand their powers as needed to fulfill their responsibilities (Necessary and Proper Clause, Article I, Section 8) |
| Rights | The right of a person in custody to petition a judge to determine if their detention is legal (Writ of Habeas Corpus) cannot be suspended by the government |
| Prohibitions | No Bill of Attainder or ex post facto Law shall be passed; No Capitation or direct Tax shall be laid unless in proportion to the Census or enumeration |
| Prohibitions on Congress | Cannot prohibit the migration or importation of persons admitted by existing states before 1808, but may impose a tax or duty not exceeding $10 per person; cannot lay a tax or duty on articles exported from any state; cannot give preference to the ports of one state over another in regulations of commerce or revenue |
| Responsibilities of States | Accept contracts, court decisions, and public acts of other states (Full Faith and Credit Clause, Article IV, Section 1); Prohibited from discriminating against out-of-state persons by denying them access to courts, legal protection, property rights, and travel rights (Privileges and Immunities Clause, Article IV) |
Explore related products
What You'll Learn
The US Constitution divides the power of government
The US Constitution divides the powers of government into three branches – the legislative, the executive, and the judicial. It also outlines the responsibilities of the national government and the states, and the relationship between them.
The legislative branch is responsible for making laws and is made up of Congress, 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 must have at least one representative, and the number of representatives is determined by the state's population, with a maximum of one representative for every thirty thousand people. The legislative branch also has the power to impeach officials, which is a power held solely by the House of Representatives.
The executive branch is responsible for carrying out the laws made by the legislative branch. This branch includes the President, who is the head of state and government, as well as the departments and agencies that report to the President, such as the Department of State and the Department of Defense.
The judicial branch interprets the laws and includes the Supreme Court and other federal courts. The Constitution guarantees certain rights related to the judicial process, such as the right of a person in custody to petition a judge to determine if their detention is legal (the Writ of Habeas Corpus). It also prohibits certain actions, such as passing a Bill of Attainder, which is an unconstitutional legislative action that declares a person guilty without a trial.
In addition to dividing the powers of the national government, the Constitution also outlines the powers and responsibilities of the states. For example, the Full Faith and Credit Clause requires states to accept the contracts, court decisions, and public acts of other states. The Privileges and Immunities Clause prohibits states from discriminating against persons from out-of-state by denying them access to courts, legal protection, property rights, and travel rights.
Overall, the US Constitution's division of powers creates a system of checks and balances that ensures no one branch of government becomes too powerful and protects the rights and freedoms of the people.
The Constitution's Core: Life, Liberty, and Property
You may want to see also
It outlines the responsibilities of national and state governments
The US Constitution outlines the responsibilities of national and state governments through various clauses. One key provision is the Full Faith and Credit Clause in Article IV, Section 1, which mandates that states recognise and honour the public acts, records, and judicial proceedings of other states. This includes contracts, court decisions, and public acts, ensuring uniformity and mutual respect across state lines.
The Privileges and Immunities Clause, also in Article IV, prohibits states from discriminating against non-residents by denying them access to courts, legal protection, property rights, and travel rights. This clause ensures that individuals can move freely between states and enjoy the same fundamental rights and protections regardless of their state of residence.
The Constitution also outlines the structure and responsibilities of Congress, which is composed of the Senate and the House of Representatives. The House of Representatives, in particular, plays a crucial role in representing the people of the various states. Each state is guaranteed at least one representative, with the number of representatives apportioned based on state population. The House of Representatives has the sole power of impeachment and the responsibility to choose its speaker and other officers.
Additionally, the Constitution grants Congress certain inherent and implied powers. Inherent powers are those that are not explicitly listed in the Constitution but are assumed to belong to the national government due to its nature and historical role. Implied powers, on the other hand, are derived from the Necessary and Proper Clause (also known as the Elastic Clause) in Article I, Section 8. This clause allows Congress to expand its powers as needed to fulfil its responsibilities, and it is up to the courts to interpret and define these implied powers.
The USS Constitution's Wooden Origins
You may want to see also
Each House is the judge of its own members' elections
Article I of the U.S. Constitution outlines the powers of Congress, which consists of the Senate and the House of Representatives. This article also includes the clause "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members". This means that each House has the authority to judge the elections and returns of its members, as well as to determine their qualifications.
In other words, each House has the power to review and decide on the legitimacy of its members' elections and to ensure that they meet the necessary requirements to hold office. This clause grants Congress the power to act as a judicial tribunal, with the ability to compel the attendance of witnesses and issue warrants for their arrest if necessary. It also allows each House to investigate expenditures made to influence nominations during primary elections.
The power to judge elections and qualifications is an important check and balance within the legislative branch, ensuring that each House can maintain its integrity and hold its members accountable. This power is further extended to include the punishment of members for disorderly behaviour and the expulsion of members with the concurrence of two-thirds of the House.
While each House has the authority to judge its own members' elections, this does not prevent states from conducting their own recounts of ballots cast in elections. This balance of power ensures that states retain some control over the election process while still allowing Congress to oversee and regulate elections for Senators and Representatives.
Overall, the clause "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members" grants significant power to Congress in maintaining the legitimacy and integrity of its members' elections, while also allowing for states' rights to be respected through the ballot recount process.
The Constitution: Our Country's Founding Document
You may want to see also
Explore related products
Congress can expand its powers to fulfil responsibilities
The United States Congress is made up of the House of Representatives and the Senate, and it is granted specific powers by the Constitution. These powers can be expanded to fulfil responsibilities, and this can be achieved through the legislative process.
The first step in the legislative process is the introduction of a bill to Congress. Anyone can write a bill, but only members of Congress can introduce legislation. Some bills are introduced at the request of the President, such as the annual federal budget. During the legislative process, a bill can undergo significant changes. After being introduced, it is referred to a committee for review. There are 17 Senate committees with 70 subcommittees and 23 House committees with 104 subcommittees. The committees are not set in stone; they change in number and form with each new Congress to efficiently consider legislation. Each committee oversees a specific policy area, and the subcommittees take on more specialised policy areas.
A bill is first considered in a subcommittee, where it may be accepted, amended, or rejected. If the subcommittee agrees to move a bill forward, it is reported to the full committee, where the process is repeated. Throughout this stage, the committees and subcommittees call hearings to investigate the merits and flaws of the bill. They invite experts, advocates, and opponents to provide testimony, and they can compel people to appear using subpoena power if necessary.
Once a bill has been considered by the committees and subcommittees, it is voted on by both the House and the Senate. If the bill passes with a majority in both chambers, it is sent to the President for their signature. If the President vetoes the bill, Congress can override the veto by passing the bill again in each chamber with at least two-thirds of the vote.
Congress has several enumerated powers, including the power to lay and collect taxes, duties, imposts, and excises to pay debts and provide for the defence and welfare of the United States. It can also regulate commerce with foreign nations and among the states, establish uniform rules of naturalization, and make laws necessary and proper for carrying into execution the powers vested by the Constitution in the government. Congress has the sole power to declare war, confirm or reject Presidential appointments, and impeach federal officials. It can also raise and support armies, organise militias, and establish rules concerning captures on land and water.
Through the legislative process, Congress can expand its powers to fulfil responsibilities. By introducing, debating, amending, and passing bills, Congress can create new laws and policies that enable it to address emerging issues and challenges. For example, Congress can pass a bill to authorise additional funding for a specific purpose, such as providing disaster relief or addressing a public health crisis. It can also amend existing laws to expand its authority in specific areas, such as increasing regulatory oversight in an industry or establishing new programmes to address social issues.
In summary, while the Constitution grants Congress specific powers, it can also expand those powers through the legislative process to fulfil its responsibilities. By introducing, debating, and passing bills, Congress can create new laws and policies that enable it to adapt to changing circumstances and address the needs of the nation.
Inauguration Day: A Date Fixed by the Constitution
You may want to see also
States cannot discriminate against out-of-state persons
The U.S. Constitution's Privileges and Immunities Clause prevents states from discriminating against citizens of another state. This clause is self-executory, meaning its enforcement depends on the judicial process, and it does not authorise penal legislation by Congress.
The clause covers both public and private rights, although the exact scope of the rights it protects is not entirely clear. For example, a state may require a non-resident doing business within the state to appoint an agent for service of process within the state. However, this does not give the state the right to exclude out-of-state residents from benefits by delegating authority to political subdivisions. A violation can occur whether or not a statute explicitly discriminates against out-of-state interests.
The Civil Rights Division of the Department of Justice enforces federal laws that prohibit discrimination in education, employment, housing, lending, public accommodations, and law enforcement. Federal laws also prohibit discrimination based on a person's national origin, race, colour, religion, disability, sex, and familial status. These laws make it illegal to discriminate because of a person's birthplace, ancestry, culture, or language.
In addition, the Equal Protection Clause of the U.S. Constitution prohibits discrimination on the basis of national origin in the context of disciplinary hearings and medical treatment in state or local government institutions, such as prisons, jails, and mental health facilities.
The White House: Who's Really in Control?
You may want to see also
Frequently asked questions
The US Constitution divides the power of government and outlines the responsibilities of the national government and the states.
Inherent powers are not specifically listed in the Constitution but are a result of the existence of the national government. For example, the government can acquire territory by exploration and occupancy.
Implied powers are not explicit in the Constitution, so the courts decide what constitutes them. They are outlined in Article I, Section 8, also known as the Elastic Clause, and allow Congress to expand their powers to fulfil their responsibilities.
The Constitution states that the privilege of the Writ of Habeas Corpus shall not be suspended unless in cases of rebellion or invasion. It also states that no bill of attainder or ex post facto law shall be passed, and no direct tax shall be laid unless in proportion to the census or enumeration.
