Simone Lawson
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch is detailed in Article I of the Constitution, which establishes that all federal legislative powers are vested in the Congress of the United States. This branch is made up of the Senate and the House of Representatives, with the Vice President of the United States acting as President of the Senate. Article I outlines the specifics of how Congress should be formed and run, including the election of Senators and Representatives, the process of lawmaking, and the powers that Congress holds.
| Characteristics | Values |
|---|---|
| Article of the Constitution | I |
| Section | 1, 7, 8 |
| Powers | Vested in a Congress of the United States, consisting of a Senate and House of Representatives |
| Congress | Bicameral, with two houses: the House of Representatives and the Senate |
| Elections | Times, places and manner of holding elections for Senators and Representatives prescribed in each state by the legislature |
| Meetings | At least once a year, on the first Monday in December unless a different day is appointed by law |
| Quorum | Majority of each house |
| Rules | Each house determines its own rules of proceedings |
| Membership | Each house is the judge of the elections, returns and qualifications of its members |
| Representatives | Members chosen every second year by the people of the several states; must be at least 25 years old, have been a citizen of the US for seven years, and be an inhabitant of the state in which they are chosen |
| Senators | Must be at least 30 years old, have been a citizen of the US for nine years, and be an inhabitant of the state for which they are chosen; one-third chosen every second year |
| Vice President | President of the Senate, with no vote unless equally divided |
| Powers | To declare war, regulate interstate and foreign commerce, control taxing and spending policies, raise and support armies, make all laws, etc. |
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What You'll Learn
Article I of the Constitution
Article I of the US Constitution establishes the Legislative Branch of the federal government. This branch is made up of the House of Representatives and the Senate, collectively known as the Congress.
Section 1, the Legislative Vesting Clause, provides that all federal legislative powers are vested in the Congress. This section also outlines the composition of Congress, prescribing that it is bicameral, meaning it has two houses. The House of Representatives is to be composed of members chosen every second year by the people of the several states, with a minimum age of 25 years, seven years of US citizenship, and residency in the state they are chosen to represent. Senators, meanwhile, must be at least 30 years old, have been US citizens for nine years, and be residents of the state they represent.
The remaining sections of Article I outline specifics about how Congress must be formed and run. This includes details on the times, places, and manner of holding elections for Senators and Representatives, as well as the powers that Congress has. For example, Sections 7 and 8 outline the exercise of Congress's enumerated powers, including the power to tax and spend, to borrow money, to regulate interstate commerce, to establish courts, to declare war, and to raise and support armies.
Article I also emphasizes the separation of powers between the legislative branch and the other branches of government, creating a system of checks and balances. For instance, Congress can remove the president from office in exceptional circumstances, while the president can veto legislation created by Congress.
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Separation of powers
The US Constitution divides the government into three branches: the legislative, the executive, and the judiciary. This separation of powers is a key feature of the US political system, designed to ensure that no one branch becomes too powerful and to protect individual liberty.
The legislative branch is the law-making body and consists of Congress, which is made up of the House of Representatives and the Senate. The legislative branch has many powers, but its most well-known power is the power to make laws. While it has the power to pass laws, it does not have the power to pass any law it wants. The legislative branch is also responsible for raising and funding the armed forces.
The executive branch is responsible for enforcing the laws of the United States and commanding the armed forces, which is why the President is called the Commander-in-Chief. The executive branch includes the President, Vice President, and the President's advisors, also known as the Cabinet. The President has the power to appoint government officials, but Congress must approve or disapprove of these appointments. The executive branch can check the legislative branch by vetoing bills.
The judicial branch interprets the laws passed by the legislative branch and can declare an action unconstitutional. The judiciary includes the Supreme Court and any lower courts created by Congress. The judicial branch acts as a check on the other two branches, as it can void any law passed by Congress that violates the Constitution.
The separation of powers is not explicitly referred to in the Constitution, but the document divides governmental power among the three branches. The system of checks and balances ensures that each branch has powers to check the actions of the others and prevent any one branch from becoming too powerful. For example, the legislative branch can check the executive branch through the power of impeachment, and the executive branch can veto legislation passed by the legislative branch. The judiciary, meanwhile, can limit the powers of the other two branches by declaring their actions unconstitutional.
The Framers of the Constitution believed that separating the powers of government in this way would protect against arbitrary and oppressive government action.
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Election of Senators and Representatives
The legislative branch of the US government is outlined in Article I of the US Constitution. This article is dedicated to the establishment and powers of the US Congress, which is comprised of the Senate and the House of Representatives.
Election of Senators
The election process for Senators is outlined in Article I, Section 3 of the Constitution.
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Process of lawmaking
Article I of the U.S. Constitution establishes the Legislative Branch of the federal government. It grants all legislative powers to a bicameral Congress, which consists of a Senate and a House of Representatives. The legislative process involves several stages, and the involvement of both chambers, as well as the President, who has the power to veto legislation.
The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. Committees are chaired by a member of the majority party and consist of members from both parties, allowing for the development of expertise in specific policy areas.
After the committee stage, the bill is put before the chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body, including research, discussion, changes, and voting. Once both bodies accept a bill, they must reconcile any differences between their respective versions.
The House and Senate have different procedures for processing legislation. The House generally allows a numerical majority to process legislation quickly, while the Senate favours deliberation and debate, providing individual senators with significant procedural leverage. The enactment of law requires both chambers to separately agree to the same bill before presenting it to the President.
The President can influence the legislative process by recommending an annual budget for federal agencies and suggesting legislation. The President's power to veto legislation can significantly affect the content of bills passed by Congress, as it is unusual for laws to be enacted over a presidential veto. Congress typically accommodates the President's position on proposed policies.
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Powers of Congress
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The legislative branch is made up of Congress, which consists of the Senate and the House of Representatives.
Article I of the US Constitution establishes the Legislative Branch of the federal government. It outlines the powers of Congress, which include:
- The power to lay and collect taxes, duties, imposts, and excises, to pay off debts, and provide for the common defence and general welfare of the United States.
- The power to borrow money on the credit of the United States.
- The power to regulate commerce with foreign nations, among the several states, and with Indian tribes.
- The power to establish uniform rules of naturalization and uniform laws on the subject of bankruptcies throughout the United States.
- The power to coin money and punish counterfeiters.
- The power to establish post offices and regulate intellectual property.
- The power to establish courts and try impeachments.
- The power to declare war, raise and support armies, and provide for and maintain a navy.
- The power to make all laws necessary and proper for carrying into execution the foregoing powers.
Congress also has the power to assemble at least once a year, and each House may determine the rules of its proceedings, punish its members for disorderly behaviour, and expel a member with a two-thirds concurrence. Each House is the judge of the elections, returns, and qualifications of its members, and a majority of each shall constitute a quorum to do business. Congress may also, by law, make or alter regulations regarding the times, places, and manner of holding elections for Senators and Representatives.
In addition to the powers explicitly defined by the Constitution, Congress also has implied powers derived from clauses such as the General Welfare Clause, the Necessary and Proper Clause, and the Commerce Clause.
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Frequently asked questions
The legislative branch is established in Article I of the Constitution.
Article I, Section 1, the Legislative Vesting Clause, provides that all federal legislative powers are vested in the Congress, which consists of a Senate and House of Representatives. The remaining sections of Article I go on to list specifics about how Congress must be formed and run.
The legislative branch makes all laws, declares war, regulates interstate and foreign commerce, and controls taxing and spending policies.
