Eleanor Finch
The US Constitution establishes the legislative branch of the federal government in 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 a House of Representatives. The remaining sections of Article I outline the specifics of how Congress must be formed and operated, including the election of Senators and Representatives, the law-making process, and the powers of Congress. Sections 7 and 8 outline the exercise of Congress's enumerated powers, such as the power to tax and spend, regulate interstate commerce, declare war, and more. The legislative branch is one of three branches of the US government, alongside the executive and judicial branches, and it is designed to ensure a separation of powers and a system of checks and balances.
| Characteristics | Values |
|---|---|
| Article | I |
| Branch | Legislative |
| Powers | All federal legislative powers are vested in the Congress |
| Congress | Bicameral, consisting of the House of Representatives and the Senate |
| House of Representatives | Members chosen every second year by the people of the states |
| Representatives | Must be at least 25 years old, have been a US citizen for at least 7 years, and be an inhabitant of the state they represent |
| Senate | Vice President of the US is President of the Senate, but only has a vote in the case of a tie |
| Senators | Must be at least 30 years old, have been a US citizen for at least 9 years, and be an inhabitant of the state they represent |
| Sections 7 and 8 | Outline the exercise of Congress's enumerated powers |
| Section 7 | Addresses the procedures for enacting legislation, including special provisions for revenue-raising bills, and the requirements of bicameralism and presentment |
| Section 8 | Enumerates Congress's specific legislative authorities, including the power to tax, borrow money, regulate commerce, declare war, etc. |
| Section 9 | Denies certain powers to Congress, such as restricting the slave trade, denying the suspension of habeas corpus, prohibiting bills of attainder, etc. |
| Section 10 | Denies certain powers to the states, including entering into treaties, issuing bills of credit, and coining money; also outlines actions states cannot take without Congressional consent |
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What You'll Learn
Separation of powers
The US Constitution outlines the separation of powers between the legislative, executive, and judicial branches of the US government in Article I, Article II, and Article III.
Article I of the US Constitution establishes the legislative branch, consisting of the Senate and the House of Representatives, and outlines its powers and responsibilities. It describes the process of lawmaking, the election of Senators and Representatives, and the powers vested in Congress. Article I, Section 7, for example, requires that all bills passed by Congress be presented to the President for signature or veto before becoming law.
Article II outlines the executive branch, vesting the executive power in the President of the United States. It establishes the President as the Commander-in-Chief of the armed forces, grants the power to make treaties and appointments, and tasks the President with ensuring the faithful execution of laws.
Article III addresses the judicial branch, vesting the judicial power in the Supreme Court and inferior courts established by Congress. It outlines the jurisdiction of the federal courts and includes the Case or Controversy Clause, which limits the scope of federal court jurisdiction.
The separation of powers doctrine, influenced by political theorists like Charles de Secondat, Baron de Montesquieu, aims to prevent the abuse of power by dividing the government into three distinct branches, each with defined and separate functions. This system of checks and balances allows each branch to hold the others accountable and prevent any one branch from holding too much power.
The US Constitution, drafted by the Founding Fathers during the Constitutional Convention of 1787, incorporated this doctrine, ensuring a balance of powers between the legislative, executive, and judicial branches of the US government.
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Election of Senators and Representatives
Article I of the US Constitution outlines the design of the legislative branch of the US government, which is the Congress. It consists of the Senate and the House of Representatives.
Election of Senators
The Seventeenth Amendment, ratified in 1913, provides for the election of senators by the people of each state. Prior to this, senators were chosen by the state legislatures. The amendment allows for the governor or executive authority of each state, if authorized by the state legislature, to appoint a senator in the event of a vacancy until a general election occurs. The Senate shall be composed of two senators from each state, chosen for six-year terms. The seats of senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third may be chosen every second year. No person shall be a senator who has not attained the age of thirty years, been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of the state for which they are chosen. The Vice President of the United States is the President of the Senate but has no vote unless it is equally divided.
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 shall have the qualifications requisite 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 the state in which they are chosen. Each House shall be the judge of the elections, returns, and qualifications of its members.
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Lawmaking process
Article I of the US Constitution outlines the legislative branch, which consists of the Senate and the House of Representatives, collectively known as Congress. This article also describes the lawmaking process, including the election of Senators and Representatives, the separation of powers, and the powers vested in Congress.
The lawmaking process in the United States involves several steps, beginning with a bill's introduction and progressing through committee consideration, debate, voting, and, ultimately, enactment or rejection. Here is an overview of the process:
A bill is a proposed law that can be introduced by a Representative in the House of Representatives or a Senator in the Senate. The bill is then assigned to a committee for review.
Committee Consideration
The committee plays a crucial role in scrutinising and amending the bill. It holds hearings where experts and stakeholders present their views and provide testimony. After the hearings, the committee members deliberate and vote on amendments. If significant amendments are made, a new bill, known as a "clean bill," may be introduced.
Debate and Voting
If the committee releases the bill, it is placed on a calendar for debate and voting. The bill must pass by a simple majority in the House of Representatives to move to the Senate. In the Senate, the bill undergoes a similar process, being assigned to a committee, debated, and voted on.
Concurrence and Enactment
If the Senate makes changes to the bill, it returns to the House of Representatives for concurrence or further amendments. For a bill to become a law, it must pass in identical form in both the House and the Senate. Once passed by both chambers, the bill is presented to the President for signature and enactment into law.
Additional Considerations
It is important to note that the President plays a role in the lawmaking process. They can communicate their legislative proposals to Congress, and they have the power to veto a bill passed by Congress. However, Congress can override a presidential veto with a two-thirds majority vote in both chambers. Additionally, the right to petition is guaranteed by the First Amendment, allowing citizens to influence the legislative process.
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Powers of Congress
Article I of the US Constitution outlines the powers of Congress, the legislative branch of the US government. This article establishes that "all legislative powers herein granted shall be vested in a Congress of the United States". Congress 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 states, with each state's electors having the qualifications required for electors of the most numerous branch of the state legislature. Representatives must be at least 25 years old, citizens of the United States for at least seven years, and inhabitants of the state they are chosen to represent.
The Senate, on the other hand, has different requirements for its members. Senators must be at least 30 years old, citizens of the United States for at least nine years, and inhabitants of the state they are chosen to represent. The seats of Senators are vacated on a staggered basis, with one-third of seats up for election every second year.
Congress has several enumerated powers granted by Article I, including the power to:
- Lay and collect taxes, duties, imposts, and excises to pay off debts and provide for the defence and general welfare of the country
- Borrow money on the credit of the United States
- Regulate commerce with foreign nations, among the states, and with Indian tribes
- Establish a uniform rule of naturalization and uniform laws on bankruptcy throughout the United States
- Coin money and regulate its value
- Provide for the punishment of counterfeiting
- Promote the progress of science and useful arts by securing exclusive rights for authors and inventors
- Declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water
- Raise and support armies (for a period not exceeding two years)
- Provide for the militia to execute laws, suppress insurrections, and repel invasions
- Make all laws necessary and proper for carrying into execution the powers vested in the government of the United States
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Bicameralism
Article I of the US Constitution outlines the design of the legislative branch of the US government, also known as Congress. Congress is bicameral, meaning it consists of two chambers: the Senate and the House of Representatives.
The idea of bicameralism was influenced by historical models, including ancient republics with two-house legislatures and the Parliament of Great Britain, which was based on two social orders. The Virginia Plan, proposed by Virginia Governor Edmund Randolph, also contributed to the concept of bicameralism, suggesting a legislative branch with two chambers: one elected by the people of the states and the other elected by the members of the first chamber.
> " [I]t was the general sense of all America ... that the legislative body should be divided into two branches, in order that the people might have a double security. It will often happen that, in a single body, a bare majority will carry exceptionable and pernicious measures. The violent faction of a party may often form such a majority in a single body, and by that means the particular views or interests of a part of the community may be consulted, and those of the rest neglected or injured. ... If a measure be right, which has been approved of by one branch, the other will probably confirm it; if it be wrong, it is fortunate that there is another branch to oppose or amend it."
William R. Davie also emphasised the advantages of a bicameral legislature at the North Carolina Ratifying Convention, noting that it provides balance and checks, ensuring steadiness, wisdom, and stability in lawmaking.
The Great Compromise, a critical decision during the Constitutional Convention, further emphasised the importance of bicameralism. It provided for a House of Representatives apportioned based on population and a Senate where each state had equal representation, resulting in a composite National and Federal Government with a separation and diffusion of powers.
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Frequently asked questions
Article I of the US Constitution establishes the legislative branch of the federal government.
Article I, Section 1, the Legislative Vesting Clause, provides that all federal legislative powers are vested in the Congress. The remaining sections of Article I go on to list specifics about how Congress must be formed and run. Sections 7 and 8 outline the exercise of Congress's enumerated powers.
Article I grants Congress the power to tax and spend, to borrow money, to regulate interstate commerce, to establish uniform rules on naturalization and bankruptcy, to coin money, to punish counterfeiters, to establish post offices, to regulate intellectual property, to establish courts, to punish maritime crimes, and to declare war.
