Omar Bennett
The first chapter of the Constitution is fundamental to the US government and its lawmaking processes. Article I, Section 1 establishes a powerful national legislature, vesting all federal legislative powers in a bicameral Congress, which includes a Senate and a House of Representatives. This chapter also sets out the composition of the House of Representatives and the Senate, with the former chosen every second year by the people of the states, and the latter composed of two senators from each state, chosen for six-year terms. The first chapter further outlines the roles and responsibilities of Congress, including the power to declare war, raise and support armies, and make laws concerning elections, taxation, and the organisation of the militia. The Constitution's first chapter also includes the Bill of Rights, which details individual liberties and protects citizens from government overreach.
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What You'll Learn
The legislative branch must meet at least once a year
The legislative branch of the US government, also known as the United States Congress, is made up of the House of Representatives and the Senate. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many presidential appointments, and substantial investigative powers.
Article I of the Constitution states that the legislative branch must meet at least once a year. This annual meeting was traditionally held on the first Monday in December, but the government established by the 1787 Constitution changed this to the third day of January. This change was made to virtually eliminate the necessity of a "lame duck" session of Congress, where a newly elected Congress in November would not come into office until the following March.
Some delegates to the 1787 constitutional convention believed yearly meetings were unnecessary, arguing that there would not be enough legislative business for Congress to deal with annually. Nathaniel Gorham of Massachusetts disagreed, stating that a fixed date would prevent disputes from arising within the legislature and allow states to adjust their elections to correspond with that date. He also argued that the legislative branch should meet at least once a year to act as a check upon the executive department.
The legislative branch has significant powers ascribed to it by the Constitution. All legislative power in the government is vested in Congress, meaning that only Congress can make or change existing laws. The President may veto bills passed by Congress, but Congress can override this veto with a two-thirds vote in both the Senate and the House of Representatives.
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Congress has the power to regulate elections
The Constitution of the United States grants Congress the power to regulate elections. This power is derived from the Elections Clause, which is found in Article I, Section 4, Clause 1 of the Constitution.
The Elections Clause states that the "Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof". However, it also grants Congress the authority to "at any time by Law make or alter such Regulations, except as to the Places of choosing Senators". This means that while states typically have the responsibility for regulating federal elections, Congress has the power to override state regulations and establish uniform rules for federal elections that are binding on the states.
The Elections Clause was included in the Constitution to prevent states from manipulating or precluding elections for the House of Representatives and to ensure that the existence of the Union was not left at the mercy of state legislatures. Congress has regularly exercised its power under the Elections Clause, including addressing partisan gerrymandering and enforcing the Fifteenth Amendment's guarantee against racial discrimination in granting suffrage rights.
In addition to its power to regulate the mechanics of elections, Congress may also protect the right of suffrage against both official and private abridgment. This includes safeguarding the integrity of the election process by preventing ballot box stuffing, ensuring that ballots are counted honestly, and protecting voters from personal violence and intimidation. Congress may also adopt and enforce state statutes and punish state election officials for violations of federal law.
The Supreme Court has interpreted the Elections Clause expansively, holding that it grants states the authority to provide a complete code for congressional elections, including not only times and places but also notices, registration, supervision of voting, protection of voters, and prevention of fraud and corrupt practices. The Court has also held that the use of an independent commission to establish congressional districts is permissible under the Elections Clause.
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Senators are chosen by the Legislature
The United States Constitution, in Article I, Section 3, Clause 1, originally established that each state legislature would elect two senators to represent their state for six-year terms. This was a key feature of the Connecticut Compromise, ensuring that each state, regardless of size, would have equal representation in the Senate. The senators were chosen by the upper houses of state legislatures, mirroring the British House of Lords, which was viewed as an "upper house" containing the "better men" of society.
The state legislatures were believed to provide a necessary "filtration" process to produce better senators, described as the "elect of the elected". This system of electing senators by state legislatures was in place until the adoption of the Seventeenth Amendment to the Constitution in 1913, which provided for the popular election of senators. The amendment was proposed by the 62nd Congress in 1912 and ratified on April 8, 1913, by three-quarters of the state legislatures.
Prior to the Seventeenth Amendment, there were several advantages to electing senators by state legislatures. Firstly, it gave states both direct and indirect representation in the federal government, as the state legislatures retained the right to "instruct" their senators on how to vote. Secondly, it helped prevent the federal government from being influenced by "special interests". However, there were also challenges, as disputes among state legislators over Senate elections sometimes resulted in deadlocks, leaving Senate seats vacant for extended periods.
The Seventeenth Amendment marked a significant shift by allowing voters to directly elect their senators, giving them a more direct say in the legislative process. This change was driven by Progressive reformers, who sought to address concerns of corruption and the influence of special interests in the election of senators. Despite this shift to direct elections, some members of the Tea Party movement have more recently advocated for repealing the Seventeenth Amendment, arguing that it would protect states' rights and reduce the power of the federal government.
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Representatives are chosen by the people
The first article of the U.S. Constitution outlines the legislative branch of the federal government, which includes the House of Representatives and the Senate.
The House of Representatives is composed of members chosen every second year by the people of the individual states. Each representative is elected to a two-year term, serving the people of a specific congressional district. To be eligible to be a representative, a person must be at least 25 years old, a citizen of the United States for at least seven years, and an inhabitant of the state they represent. The number of representatives per state is proportional to the population, with each state having at least one representative. The House of Representatives has the power to make and pass federal laws, and each representative can introduce bills and resolutions, offer amendments, and serve on committees.
The Senate, on the other hand, is composed of two senators from each state, chosen by the state legislature for six-year terms. The 17th Amendment to the Constitution, ratified in 1913, changed the process of electing senators. Originally, senators were chosen by state legislatures, but the 17th Amendment provided for their direct election by the people of each state. The 17th Amendment also allows the governor or executive authority of a state to appoint a senator temporarily if a vacancy occurs until a general election can be held.
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Lawmaking must be done by a large group
The first article of the U.S. Constitution vests all federal legislative powers in a representative bicameral Congress, which is composed of a Senate and a House of Representatives. This lawmaking institution forms the foundation of the federal government and allows the people's representatives to act together for the common good.
The Constitution places the lawmaking powers of the government in a representative legislature. The Framers, following John Locke, recognized that the most legitimate form of government, and the one providing the greatest security to liberty and property, would vest the lawmaking power in "collective bodies of men." James Madison and others frequently emphasized that lawmaking must be done by a sufficiently large group, not by an individual or "cabal."
For the Framers, lawmaking by a representative bicameral Congress would serve a number of purposes. Firstly, laws made by the people's representatives would have legitimacy derived from the consent of the people. Secondly, by requiring members of Congress to deliberate and compromise, the difficult process of lawmaking would promote laws aimed at the general good and equally applicable to all people.
The House of Representatives is composed of members chosen every second year by the people of the several states. Each state shall have a number of representatives proportional to its population. 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, when elected, is an inhabitant of the state in which they are chosen.
The Senate of the United States, on the other hand, is composed of two Senators from each state, chosen by the Legislature thereof for six years, with each Senator having one vote.
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Frequently asked questions
The first article of the U.S. Constitution vests all federal legislative powers in a bicameral Congress, which consists of a Senate and a House of Representatives.
The first article establishes several fundamental features of the Congress, including bicameralism and limited and enumerated powers. It forms the foundation of the federal government and allows the people's representatives to act together for the common good.
The first article includes provisions related to the composition and qualifications of the House of Representatives and the Senate, the election process, the powers and procedures of Congress, and the exclusive legislation over certain districts. It also covers topics such as declaring war, raising armies, and organising the militia.
