Article One The United States Constitution establishes the legislative branch of the federal government, the United States Congress. Congress is a bicameral legislature composed of the House of Representatives and the Senate.
Video Article One of the United States Constitution
Part 1: The legislative powers granted in Congress
All given legislative powers shall be granted in the United States Congress, comprising the Senate and the House of Representatives.
Part 1 is a vesting clause that gives federal legislative powers exclusively to Congress. Similar clauses are found in Articles II and III. The former bestows the executive power on the President alone, and the latter gives the judicial authority only to the federal court. These three articles create a separation of powers among the three branches of the federal government. This separation of powers, in which each department only exercises its own constitutional powers and nothing else, is the basis for the government's limited idea of ​​being responsible to the people.
Separation of the principle of power is very important in relation to Congress. The Constitution states that Congress may only exercise the legislative powers "herein provided" in Article I (later restricted by the Tenth Amendment). Also, with an implied extension, banning Congress from delegating its legislative authority to one branch of another, a rule known as the doctrine of nondelegation. However, the Supreme Court has ruled that Congress does indeed have the discretion to delegate regulatory powers to the executive body provided that it provides "understandable principles" governing the implementation of the agency of the delegated authority of the regulator. That the power given to each branch must remain in that branch, and can be expressed only by that branch, the center of theory. The doctrine of nondelegation is primarily used now as a way of interpreting the delegation of congressional authority narrowly, that the court considers Congress intended only to delegate what it can do, unless it clearly indicates that it is intended to "test the water" about what the court will allow it.
Although not specifically mentioned in the Constitution, Congress has also long affirmed the power to investigate and the power to force cooperation with inquiry. The Supreme Court has affirmed these powers as an implication of the power of Congress to make laws. Since the power to investigate is the aspect of the power of Congress to make laws, it is as large as the powers of Congress to make laws. However, it is also limited for questions that are "in legislative function assistance;" Congress may not "expose for the sake of exposure." It is not controversial that the exact subject of Congressional investigative powers is the operation of the federal government, but the ability of Congress to force the submission of documents or testimony from the President or his subordinates is often discussed and sometimes controversial (see executive privileges), though not often filed. As a practical matter, the limited ability of Congress to investigate only for the right purpose ("in the aid" of its legislative powers) serves as a limit to Congress's ability to investigate the private affairs of individual citizens; matters that merely demand action by other branches of government, without involving the issue of public policy requiring legislation by Congress, should be left to the branches because of the doctrine of separation of powers. However, the court greatly respects Congressional training from its investigative powers. The congress has the power to investigate what it can manage, and the courts have interpreted the power of the congressional arrangement widely since the Great Depression.
Maps Article One of the United States Constitution
Part 2: House of Representatives
Clause 1: Composition and selection of Members
The People's Legislative Assembly shall consist of Members elected every second Year by the People of several States, and the Electors of each State shall have Qualification Requirements for the Electors of many Branches of the State Legislature.
Part Two regulates the election of the House of Representatives every second year. Since the Representative shall be "elected... by the People," the Governor of the State shall not appoint temporary reimbursement when the vacancy takes place in the delegation of the state to the House of Representatives; Instead, the state governor is required by clause 4 to issue an election order calling for a special election to fill the void.
At the time of its formation, the Constitution did not explicitly grant citizens the inherent right to vote. Instead, it provides that those eligible to vote in elections for the largest space of the state legislature can vote in the election of Congress (DPR). Since the Civil War, several constitutional amendments have been enacted that have curbed the vast powers of the state to establish voter qualification standards. Although never enforced, clause 2 of the Fourteenth Amendment states that "when the right to vote in any election for the election of voters to the President and Vice President of the United States, Representatives in Congress, Executive Officers and State Courts, or members of its Legislature, are denied to either the male inhabitants of that State, who are twenty-one years of age, and citizens of the United States, or in any way summarized, except to participate in rebellion or other crimes, the basis of representation therein shall be reduced in proportion to be met by the amount male population to that entire population of twenty-one-year-old males in that State. "The Fifteenth Amendment prohibits the denial of the right to vote based on race, color, or previous slavery conditions. The Nineteen Amendment prohibits the denial of the right to vote by sex. The Twenty-Four Amendment prohibits the revocation of voting rights because it does not pay election taxes. The twenty-sixth amendment prohibits the denial of US citizenship, age eighteen or older, to vote by age.
In addition, since the Supreme Court has recognized the right to vote as a basic right, the same Protection Clause places very strict limits (albeit with an uncertain boundary) on the country's ability to define the qualification of the electorate; fair to say that qualifications beyond citizenship, residence, and age are usually questioned.
In the 1960s, the Supreme Court began to view the ballot as a fundamental right covered by the Equal Protection Paragraph of the Fourteenth Amendment. In a different opinion from the 1964 Supreme Court case involving reapportionment in the state legislature of Alabama, Judge John Marshall Harlan II filed a Minor on the previous list of decisions on voting and divisions that were no longer followed.
In Oregon v. Mitchell (1970), the Supreme Court declared that the Qualification clause does not preclude Congress from putting aside minimum age restrictions imposed by the state for voters in Congressional elections.
Since article 3 states that Members of the Parliament are divided by states and that each country is guaranteed at least one Representative, the right population equality between all districts is not guaranteed and, in fact, is currently impossible, since the size of the House of Representatives is fixed at 435, some countries have less than 1/435 of the national population at the time of the last reapportionment in 2010. However, the Supreme Court has interpreted the provisions of Clause One that Representatives will be elected "by the People" meaning that, in countries that have more than one member of the House of Representatives, every congressional district in the state must have an almost identical population.
No Person shall be a Representative who shall not reach the age of twenty-five, and shall be seven years of US citizen, and who shall not, when elected, become the resident of the State in which he shall be elected.
The Constitution provides three conditions for the Representative: The representative must be at least 25 years of age, should be a resident of the country in which he or she is elected, and must be a US citizen for the preceding seven years. There is no requirement that the Representative be in the district in which he represents; although this usually happens, there are occasional exceptions.
The Supreme Court has interpreted the Qualification Clause as a list of exclusive qualifications that can not be furnished by a house of Congress exercising Section 5 authority to "assess...... qualifications of its own members" or by the state in its implementation Section 4 authority to prescribe "times, places and means of holding elections for Senators and Representatives." The Supreme Court, as well as other federal courts, has repeatedly banned states from additional restrictions, such as imposing a deadline on members of Congress, allowing members of Congress to subject to the selection of recalls, or require that the Representative live in the congressional district in which they represent. The 2002 Congressional Research Services Report also found that no country can apply the qualification that the Representative does not become a criminal or imprisoned.
However, the United States Supreme Court has ruled that certain voting access requirements, such as the cost of filing and filing of legitimate petition signatures, are not additional qualifications and therefore there is little restriction of the Constitution on how to strict ballot access legislation may occur.
Clause 3: Representation and taxes
Direct representatives and taxes shall be distributed among States which may fall under this Union, by their respective Numbers, to be determined by adding to the entire Number of Free Persons, including those bound to the Service for the Term, and excluding Indians not taxed, three fifths of all others. The actual enumeration shall be conducted within three years after the first Meeting of the United States Congress, and in any subsequent period of ten years, in such manner as shall be by direct Law. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration was made, the State of New Hampshire reserves the right to edit the three, eight Massachusetts, Rhode-Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
After much debate, the Constitutional drafters decided to make the population the basis for the distribution of seats in the House of Representatives and the tax obligations among the states. To facilitate this, the Constitution mandates that the census be conducted every ten years to determine the population of each country and nation as a whole and establish rules for who will be counted or excluded from the count. Since the new form of government will become operational prior to the completion of the national census, the Constitution also provides for temporary seats.
Initially, the population of each country and nation as a whole is ensured by adding to the total number of free persons, three-fifths the total of all other Persons (ie slaves), but excluding Native Americans. This Constitutional Rule, known as a three-fifth compromise, is a compromise between the Southern and Northern states in which three-fifths of the slave population will be counted for enumeration purposes and for the distribution of seats in the House of Representatives and taxes among the states. That, according to Supreme Court Justice Joseph Story (writes in 1833), "the issue of compromise and concessions, claims to be unequal in its operations, but the sacrifice required for that conciliation spirit, which is indispensable to the unity of states having a great diversity of interests, physical, and political institutions ".
After the completion of each census, Congress is empowered to use aggregate populations in all states (in accordance with applicable Constitution rules for determining population) to determine the relative population of each country to the overall population, and, on the basis of calculations, to determine the appropriate size of the House and to allocate a certain number of representatives to each country according to its share of the national population.
Since the enactment of the 1929 Constitution Act, 435 permanent DPR seats have been distributed among the states according to each census, and determining the size of the DPR is not part of the division process. With one exception, the division of 1842, the House of Representatives was enlarged with varying degrees from sixty-five members in 1788 to 435 members in 1913. The determination of the measure was made on the basis of the aggregate national population, provided that the size of the DPR did not exceed 1 member for every 30,000 total population of the country or any country delegate size exceeding 1 for every 30,000 inhabitants of that state. With House size still at 435, the current ratio, at Census 2010, is about 1 Representative: 700,000 People.
Although the first sentence in this clause initially concerns the division of seats and taxes among some states, the Fourteenth Amendment which replaced it in 1868 only mentioned the division of the Council's seats. Nevertheless, the constraints placed on the power of taxation of the Congress remain, as the restrictions are reaffirmed in Article 1 Section 9 of Clause 4. The amount of direct tax that may be collected by the federal government of persons of any State shall remain bound directly to that part of the country from national population.
Because of these restrictions, the application of income taxes to revenues originating from real estate and in particular revenues in the form of dividends from private property holdings such as stocks is found to be unconstitutional because it is not shared among countries; that is, there is no guarantee that a State with 10% of the population of the country pays 10% of the income tax collected, because Congress has not set the amount of money to be raised and distributed among Americans according to individual countries. part of the national population. To allow for the provision of such income tax, Congress proposes and states ratify the Sixteenth Amendment, which removes restrictions by specifically providing that Congress may levy a tax on income "from any source originating" without it being shared among the Americans or otherwise. based on the State of the national population.
Clause 4: Jobs
When a job vacancy occurs in a Representative of any State, the Executive Authority shall issue an Election Sign to fill the void.
The second part, Clause four, states that when there is a vacancy in the DPR, it is not the duty of the House of Representatives to arrange for replacement, but the duty of the State whose vacant seat is ready to be replenished. In addition, the Governor of the State can not appoint a temporary replacement, but must arrange special election to fill the void. The original qualifications and procedures for holding the election still apply.
Clause 5: Speaker and other officers; Impeachment
The People's Legislative Assembly shall adopt Speakers and other Officials; and will have the only Power of Impeachment.
Part Two further states that the House of Representatives may elect Speakers and other officials. Although the Constitution does not mandate it, every Chairman has become a member of the House of Representatives. Speakers seldom lead House sessions on a regular basis, instead choosing to represent junior members to complete the task.
Finally, Part Two gives the House of Representatives the only impeachment power. Although the Supreme Court has not had a chance to interpret this particular provision, the Court has suggested that the grant to the Council of " sole " impeachment forces makes the House an exclusive interpreter of what constitutes an unquenchable offense.
This power, analogous to carrying criminal charges by the grand jury, is rarely used. The House of Representatives has begun the impeachment process 62 times since 1789, and nineteen federal officials have been officially dismissed as a result, including: two Presidents (Andrew Johnson and Bill Clinton), one Cabinet Secretary (William W. Belknap), one Senator (William Blount) , a High Court Judge (Samuel Chase), and fourteen federal judges.
The Constitution does not explain how the impeachment process should begin. Until the beginning of the 20th century, a member of the House of Representatives could rise and file an impeachment, which would then be assigned to a committee for inquiry. Currently, the House of Justice Committee which initiates the process and subsequently, after investigating the allegations, prepares recommendations for all DPR considerations. If the Parliament chooses to adopt an impeachment resolution, the Justice Committee Chairman recommends a list of "managers," which are then approved by the House of Representatives by a resolution. This representative then became a team of prosecutors in the impeachment trial in the Senate (see Section 3, Clause 6 below).
Part 3: The Senate
Clause 1: Composition; Senator Selection
The United States Senate consists of two Senators from each State, elected by its Legislature, for six Years; and each Senator must have one Voice.
The first Section Three clause states that each country has the right to have two Senators, to be elected by the state legislature (now by people from each state), serving for six years, and each having one vote. With this provision, the drafting of the Constitution is intended to protect the interests of the state as a state. This clause has been superseded by the Seventeenth Amendment, ratified in 1913, which, in part, provides as amended , which
The United States Senate consists of two Senators from each State, elected by its people, for six years; and each Senator must have one vote.
Article Five sets out the ways in which the Constitution of the United States can be changed. This ended with temporarily protecting the three clauses I clause of the amendment. This verse is between them. (The other is the first and fourth clauses in Section 9.) Article 5 states that "no State, without its Agreement, shall be deprived of equal right in the Senate". Accordingly, no individual country may have its individual representation in the Senate adjusted without his consent. That is, an amendment that amends this clause to provide that all states will only get one Senator (or three Senators, or other number) may become lawful as part of the Constitution if ratified by three-quarters of the state; however, one provided for some representational foundations other than strict numerical equations (eg, population, wealth, or land area), would require the unanimous consent of all states.
Denying that the roles are meant to be joint partners in the federal government by abolishing their equality in the Senate, according to Chief Justice Salmon P. Chase (in Texas v. White ), destroying the foundation of Unity. The provision of this Article V has been used by those against the constitutional amendment which will provide full representation of the District of Columbia in Congress without granting it a state status. Their argument is that an amendment that would allow a non-state district to have two Senators would revoke the same states of suffrage in the Senate and would therefore require unanimous ratification by all states. Whether the unanimous approval of the 50 states will be required for the amendment to become a permanent operation is an unanswered political question.
Clause 2: Classification of Senators ; Jobs
As soon as they are collected in the first Electoral Consequences, they will be equally divided into three possible Classes. The seats of Senators from the First Class shall be vacated at the end of Year Two, Second Class at the End of the Fourth Year, and the third Class at the Expiry of the Sixth Year, so one-third may be elected every Second Year; and if the Employment is due to resignation, or otherwise, during any State Legislative Affairs Period, the Executive may make a Temporary Promise until the next Legislative Meeting, which shall then fill the Void.
After the first group of Senators was elected to the First Congress (1789-1791), the Senators were divided into three "classes" because they were almost the same in size as required by this section. This was done in May 1789 by lot. It was also decided that each State Senator would be assigned to two different classes. Senators who are grouped in the first class have their term after only two years; Senators in the second class had their term after only four years instead of six. After this, all the Senators of those States have been elected for a term of six years, and since new States have joined the Union, their Senate seat has been assigned to two of the three classes, retaining each group as nearly equal in size as possible. In this way, the selection becomes staggered; about a third of the Senate is ready to be re-elected every two years, but the entire body is never ready to be re-elected in the same year (in contrast to the House of Representatives, where all members are ready to be re-elected every 2 years).
As originally established, the Senators were elected by the State Legislature they represented in the Senate. If a senator dies, resigns, or is expelled, the state legislature will appoint a replacement to serve the remaining term of the senator. If the State Legislature is not in session, the Governor may appoint a temporary substitute to serve until the legislature may elect a permanent replacement. This was replaced by the Seventeenth Amendment, reserved for the Senatorial Election, rather than their appointment by the State Legislature. In nodding to the less populist nature of the Senate, the Amendment tracked the vacancy procedure for the House of Representatives in requiring the Governor to call a special election to fill the void, but (unlike in the House) the vest in the Legislative State was authorized to allow the Governor to appoint a temporary replacement until a special election was held. Notice, however, that under the original Constitution, the Governors of states are expressly authorized by the Constitution to make temporary appointments. The current system, under the Seventeenth Amendment, allows the Governor to appoint a replacement only if their previous state legislature has decided to allow the Governor to do so; otherwise the seat should remain empty until special elections are held to fill the seat, as in the case of vacancies in the DPR.
Clause 3: Senator's Qualification
No Person shall be a Senator who shall not reach the Age of 30 Years, and has been nine years a citizen of the United States, and who shall not, if elected, become the resident of that State to which he shall choose.
The senator must be at least 30 years old, must be a US citizen at least nine years before his election, and must stay in the State he will represent at the time of the election. The Supreme Court has interpreted the Qualification Clause as an exclusive list of qualifications that can not be furnished by the Congressional Council exercising its Section. 5. the authority of "Judge...... Qualifications of Members themselves," or by the state in the performance of its Parts. 4. the authority to prescribe "Times, Places, and How to Conduct Elections for Senators and Representatives,..."
Clause 4: Vice President as President of the Senate
The Vice President of the United States will be the President of the Senate, but will not have the Vote unless they are equally divided.
Part Three states that the Vice President is the President of the Senate. Except for the task of receiving electoral vote counts for the President, this is the only regular liability granted to the office of the Vice President by the Constitution. While serving in this capacity, the Vice President, who is not a member of the Senate, may cast a binding vote. At the beginning of the nation's history, the Vice President often led the Senate. In modern times, the Vice President usually does so only during ceremonial events or when a tie is in anticipated voting. Through January 24, 2018, the vote termination vote has been thrown 263 times by 36 different Vice Presidents.
Clause 5: President of pro tempore and other officers
The Senate will collect their other officers, as well as a President for a while, in the absence of a Vice President, or when he will run the Office of the President of the United States.
Clause five gives to President pro tempore Senate, Senator elected to the post by the Senate, to lead the body when the Vice President is either absent or runs the Office of the President.
Although the text of the Constitution seems to indicate otherwise, the current Senate practice is to elect a full-time pro tempore president at the start of every Congress, as opposed to making it a temporary office only existed during the absence of the Vice President. Since World War II, the senior (longest) member of the majority party has filled this position. Like the Speaker of the House, the Constitution does not require that the pro-tempo President become a senator, but by convention, senators are always elected.
Clause 6: Impeachment Trial
The Senate will have a single Strength to try all Impeachments. When sitting for that Purpose, they will be at the Oath or Affirmation. When the President of the United States is tried, the Chief Justice will lead: And no Person shall be punished without the two-thirds Agreement of the Members present.
Verse Six gives the Senate the only power to try impeachment and break down the basic procedures for impeachment courts. The Supreme Court has interpreted this clause to mean that the Senate has exclusive and unenforceable authority to determine what constitutes an adequate trial of impeachment. Of the nineteen federal officials officially dismissed by the House of Representatives, eleven were released and seven were sentenced by the Senate. On one occasion (in the case of Senator William Blount) the Senate refused to hold a trial, asserting that it had no jurisdiction over its own members.
Constitutional drafters sentenced the Senate with this power for several reasons. First, they believe the Senator will be better educated, more virtuous, and more highly-minded than the Members of the House of Representatives and thus uniquely able to decide responsibly the most difficult political questions. Secondly, they believe that the Senate, which is a multitude of bodies, would be perfectly suited to deal with the procedural demands of impeachment trials, where it, unlike judges and the judicial system, would "never be bound by such strict rules, either in delineation of offenses by the prosecutor, or in the making by a judge, as in the general cases serves to limit the discretion of the courts for the sake of personal security. "(Alexander Hamilton, The Federalist No. 65).
There are three requirements mandated by the Constitution for impeachment courts. The provision that the Senator must sit on oath or affirmation is designed to give the impression of the extreme seriousness of the event. The provision that the Chief Justice will lead the trial of the presidential impeachment underscores the seriousness of the opportunity and aims to avoid the conflict of interest of a Vice President who presides over the process of removing an official one standing between him (or him) and the presidency. The last consideration was considered quite important in the eighteenth century - political parties had not been formed when the Constitution was adopted, and by the original method of election of the President and Vice President, it was alleged that the two men chosen for those posts would often become political rivals. The specification that two-thirds of the super-majority votes of the Senators present for punishment are also deemed necessary to facilitate serious deliberation and to make possible delistions only by consensus that bypass the factional division.
Clause 7: Judgment in impeachment cases; Punishment of confidence
Verdict in Impeachment Cases shall not extend further from dismissal from the Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the convicted Party shall remain liable and subject to the Indictments, Trials, Verdict and Punishment, according to the Law.
If any officer is found guilty of impeachment, he is immediately removed from office, and may be barred from holding public office in the future. No other punishment can be made under the impeachment process, but the convicted person remains liable for court and sentence in court for civil and criminal charges.
Part 4: Selection of Congress
Clause 1: Time, place, and manner of holding
The Times, Venues and How to Conduct Elections for Senators and Representatives, shall be determined in each State by its Legislature; but Congress may at any time by the Law make or amend the Rules, except on the Senator's Chuse Places [ sic].
The purpose of this clause is twofold. First, clarify the sharing of responsibilities with respect to the conduct of the election of the Senator and the Federal Representative. That responsibility lies primarily with the state and the second with Congress. Second, the clause provides the authority to regulate elections in the legislative branches of each state and federal government, not executive or judicial. As permitted by this clause, Congress has set a uniform date for federal elections: Tuesday after the first Monday of November.
Currently, as there are no federal regulations, states retain the authority to set the date on which other aspects of the electoral process are held (registration, primary election, etc.) and where elections will be held. As for regulating the election "way", the Supreme Court has interpreted this to mean "matters such as notice, registration, voting supervision, voter protection, fraud prevention and corruption practices, vote counting, inspector duties and canvassers, and the creation and publication of election results. "The Supreme Court has stated that States can not use their power to determine the" means "of holding elections to impose deadlines on their congressional delegates.
One of the most significant ways that every country governs the "way" of elections is through their power to attract electoral districts. Although in theory, Congress may draw a district map for each State, but have not exercised this level of oversight. Congress, however, requires Americans to adapt to certain practices when drawing districts. Countries are currently required to use a single member district scheme, in which the State is divided into many electoral districts for Representatives in the House of Representatives as a measure of its representation in that body (ie, Representation can not be elected in the majority of the State unless the State has only one Representative in DPR, or district may elect more than 1 Representative). The Supreme Court has interpreted "by its Legislature" to include voters using the initiative process, in countries whose constitution provides it, to establish an independent redistricting commission.
The Congress first exercised its power to regulate general elections across the country in 1842, when the 27th Congress passed a law requiring the election of Representatives by the districts. In subsequent years, Congress expanded the requirements, successively adding substantial proximity, cohesiveness, and population equality to district requirements. These standards were then abolished in the remaining Law of 1929. The Congress then restored the requirement that districts be composed of adjacent territories, to be "compact," and to have the same population within each State. Congress has allowed the terms to expire, but the Supreme Court has reimposed the population requirements on States under the same Protection Clause and suspects those districts that do not meet other "traditional" district criteria of cohesiveness and proximity.
In 1865, Congress passed an amendment to a situation where the impasse in the state legislature of Senatorial election created vacancies in the office. The law requires two houses of each legislature to meet in a joint session on a given day and to meet every day thereafter until a Senator is elected. The first comprehensive federal law dealing with elections was adopted in 1870 as a means of enforcing the Fifteenth Amendment guarantee against racial discrimination in the grant of suffrage. Under the Enforcement Act of 1870, and subsequent legislation, false registration, bribes, unlicensed voting, making false reimbursement of votes cast, intervening in any way with the election officials, and waiving by the officer from what task also required by the state. or federal law made federal violations. Provisions are made for appointment by federal judges of persons to be present at the place of registration and in elections with the authority to challenge any person who proposes to register or vote unlawfully, to witness vote counting, and to identify with their signature voter registration and counting sheets election.
Beginning with the Tillman Act of 1907, Congress has imposed more restrictions on elections and campaign financing. The most significant part of the legislation is the 1973 Federal Election Campaign Act. It is this law that matters in the seminal decisions of the Supreme Court, Buckley v. Valeo (1976), who, in the face of the First Amendment challenge, sets the ground rules for campaign finance legislation, generally prohibits limits on expenditures by candidates, but permits limiting contributions by individuals and companies.
In addition to legal restrictions, Congress and States have changed the electoral process through amendments to the Constitution (first in the Fifteenth Amendment mentioned above). The Seventieth Amendment changed the way in which the Senators were elected; determined that they should be elected by the people of the states. Also, the Nineteenth Amendment prohibits any US citizen from being denied the right to vote on the basis of sex; The Twenty-Fourth Amendment prohibits both Congress and states to condition the right to vote in federal elections for the payment of voting or other taxes; and the Twenty-Six Amendment that prohibits states and federal governments from using age as an excuse to deny the right to elect US citizens who are at least eighteen years old.
Clause 2: Congressional Sessions
Congress must be assembled at least once in each Year, and such Meetings shall be on the first Monday of December unless they will by Law appoint a different Day.
Paragraph 2 sets the annual date that must be met by Congress. Thus, the Constitution empowers Congress to meet, whether or not the President calls him into the session. Article II, Section 3 gives the president limited authority to hold and postpone both Houses (or one of them) and mandate that it will meet at least once a year to enact legislation on behalf of the people. Some delegates to the constitutional convention of 1787 believe the annual meeting is not necessary, as there would not be enough legislative business for Congress to handle every year. Nathaniel Gorham of Massachusetts argues that time must be set to prevent disputes from arising within the legislature, and to allow states to adjust their election to match the date set. The exact date also matches the tradition in the state that holds the annual meeting. Finally, Gorham concluded that the legislature should be required to meet at least once a year to act as an examination of the executive department.
Although this clause states that the annual meeting is on the first Monday of December, the government formed by 1787 Constitution did not start operations until March 4, 1789. When the first Congress held its first meeting on March 4, the date on which the representatives and senators only took office in the following years. Therefore, every other year, even though the new Congress was elected in November, it did not come into office until next March, with a "lame duck" session in temporary convention. This practice was amended in 1933 after the ratification of the Twelfth Amendment, stating (in Part 2) that, "Congress shall assemble at least once every year, and such meetings shall commence by noon on the third day of January unless pointing at a different day ". This change virtually eliminates the need for a lousy duck congress.
Part 5: Procedure
Clause 1: Member Qualification
Each House shall be the Electoral Judge, the Return and Qualification of its Members, and the Majority of them shall constitute a Quorum to do Business; but the smaller number may cease from day to day, and may be authorized to force the presence of an absent Member, in such manner, and under a Penalty as may be provided by each House.
The Fifth Section states that the majority of every Home is a quorum for doing business; a smaller amount may delay the House or force the absence of members. In practice, all quorum requirements are ignored. The quorum is assumed to be present unless the quorum call, requested by the member, proves otherwise. Rarely does a member request a quorum call to indicate the absence of a quorum; more often, they use quorum calls as delay tactics.
Sometimes, unqualified individuals have been accepted in Congress. For example, the Senate once acknowledged John Henry Eaton, a twenty-eight-year-old, in 1818 (the confession was unintentional, since the date of Eaton's birth was not clear at the time). In 1934, a twenty-nine-year-old boy, Rush Holt, was elected to the Senate; he agreed to wait six months, until his thirtieth birthday, to take an oath. The Senate decided in this respect that the age requirement was applied on the date of the swearing-in, not the election date.
Clause 2: Rule
Each House may determine its Rules of Process, punish its Members for Irregular Behavior, and, by a two-thirds Agreement, expel a member.
Each House may determine its own Rules (assuming there is a quorum), and may punish its members. It takes two-thirds of the vote to evict a member. Section 5, Clause 2 does not provide specific guidance for each Home about when and how any House may change its rules, leaving details to their respective rooms.
Clause 3: Recording process
Each House shall retain the Journal of its Proceedings, and from time to time publish the same, except that such Parts as may be in its Decision require Confidentiality; and Yeas and Nays of Members House on any question, with the wishes of a fifth of those present, are included in the Journal.
Every Home should store and publish Journals, although it may choose to keep any portion of the Journal's secrets. The DPR's decision - not the words uttered during the debate - is recorded in the Journal; if one-fifth of those present (assuming the quorum is present) request it, the votes of the members on a particular question should also be included.
Clause 4: Reassignment
Neither House, during the Congressional Session, will, without the Consent of the others, delay for more than three days, or to any Other Places other than that where two Houses will sit.
Good House can stop, without another approval, for more than three days. Often, a House will hold a pro forma session every three days; such sessions are only held to meet constitutional requirements, and not to do business. Furthermore, neither House can meet in any place other than those designated for both House (Capitol), without the consent of the other House.
Part 6: Compensation, privileges, and restrictions hold civilian office
Clause 1: Compensation and legal protection
Senators and Representatives will receive Compensation for their Services, to be ensured by the Act, and payable from the US Treasury. They will in all Cases, except Betrayal, Felony and Violations of Peace, have the privilege of Arrest during their Presence at their House Session, and in going to and returning from the same; and for every Speech or Debate in one of the Houses, they will not be questioned elsewhere.
Senators and Representatives set their own compensation. Under the Twenty-Seven Amendment, any change in their compensation shall not apply until after the next congressional election.
The second House Members have certain privileges, based on those enjoyed by members of the British Parliament. Members present, going to or returning from one of the Parliament, have the privilege of arrest, except for treason, crime or breach of peace. One can not sue a Senator or Representative for defamation occurring during a Congressional debate, or perhaps a speech by a member of Congress during a Congress session becomes the basis for criminal prosecution. The latter is confirmed when Mike Gravel publishes more than 4,000 pages of Pentagon Papers in Congressional Records, which may be a crime. This clause has also been interpreted in Gravel v. United States , 408 U.S. 606 (1972) to provide protection to servants and staff of seated Congressmen, as long as their activities relate to legislative matters.
Clause 2: Independence of the executive
No Senator or Representative shall, during the time of his choice, be assigned to any Civil Service under the United States Authority, to be created, or Documents to be increased during that time; and no Person holding the Office under the United States shall become a Member of any of the Houses for the Continuation at the Office.
Senators and Representatives can not simultaneously serve in Congress and hold positions in the executive branch. This restriction is intended to protect legislative independence by preventing the president from using patronage to buy votes in Congress. This is a big difference from the political system in the British Parliament, where the cabinet minister is required to become a member of parliament.
Furthermore, Senators and Representatives can not resign to take on newly created political positions or pay higher; Instead, they have to wait until the end of their chosen term. If Congress increases the salary of a certain officer, it may subsequently reduce the salary to allow an individual to resign from Congress and take that position (known as the Saxbe repairs). The effect of the clause was discussed in 1937, when Senator Hugo Black was appointed High Court Judge with some time remaining in his Senate term. Just before the appointment, Congress has increased the available pensions for Judges who retired at the age of seventy. It is therefore suggested by some that the office emolument has increased during the term of the Senator Black, and therefore Black can not take a position as a Judge. However, his response is that Black is fifty-one years old, and will not receive an increased pension until at least 19 years later, long after his term of office has ended.
Part 7: Bill
Clause 1: Claim income
All Bills for Increasing Revenue must come from the House of Representatives; but the Senate may propose or agree with the Amendment as in any other Bill.
This sets out a method for creating Acts of Congress involving taxation. Thus, any bill may come from the House of Congress, except for income bills, which may only come from the House of Representatives. In practice, the Senate sometimes avoids this requirement by replacing the income tax text previously passed by the House of Representatives with replacement text. Either House can change every bill, including revenue and invoice bill.
This Constitution US Version is derived from the British parliamentary practice that all paper money should be read first in the House of Commons. This practice is intended to ensure that wallet powers are owned by the most responsive legislation to the people, although English practice has been modified in America by allowing the Senate to change these bills. That clause is part of the Great Compromise between small and big countries; the major powers were unhappy with the unequal power of the small states in the Senate, so the clause theoretically offset the unrepresentative nature of the Senate, and compensate the major powers for allowing equal votes to Senators from small countries.
Clause 2: From bill to law
Any bill that has passed the House of Representatives and the Senate shall, before becoming a law, be submitted to the President of the United States; If he agrees, he will sign it, but if not he will return it, with his Objection to the House where his origins, who will enter the Objection widely in their Journal, and continue to reconsider. If after the Judicial Review, two thirds of the Council shall agree to pass the bill, it shall be sent, together with Rejection, to the Other House, with which it shall also be reconsidered, and if approved by two thirds of the House shall become Law. But in all such Cases, Votes of both Houses will be determined by yeas and Nays, and Names of Persons who elect and oppose the Bill shall be included in each Journal of the House. If there is a bill that is not returned by the President within ten days (except Sunday) after which it must be submitted to him, the Same would be the Law, in the Same Way as if he had signed it, except Congress by their Refusal to prevent its Return, The case will not be the Law.
This clause is known as the Presentation Clause. Before the bill becomes law, it must be presented to the President, who has ten days (excluding Sundays) to follow up on it. If the President signs the bill, it becomes law. If he does not approve the bill, he must return it to the House of Representatives where he comes along with his objections. This procedure has been known as a veto, although the word does not appear in the text of Article One. The bill would not then become law unless the two Houses, with two-thirds of the vote, ruled out the veto. If the President does not sign or refund the bill within ten days, the bill becomes law, unless Congress has temporarily suspended it, thus preventing the President from returning the bill to the House where it came from. In the latter case, the President, by not taking action against the bill towards the end of a session, exercises a "veto pocket", which Congress can not oppose. In the first case, where the President permits a bill to be an unsigned law, there is no common name for the practice, but the scholarship has recently referred to it as "the default endorsement".
What exactly is a delay for pocket veto purposes has been unclear. In the Pocket Veto Case (1929), the Supreme Court declared that "the determinative question referring to" delays "is not whether it is the final delay of Congress or temporary delays, such as the postponement of the first session, but whether it is one which 'prevent' the President returns the bill to the House of Representatives where it originates within the permitted time. "As there is no House of Congress in progress, the President can not refund the bill to any of them, thus allowing the use of veto pocket. In Wright v. United States of America (1938), however, the Court ruled that the delay of one House only does not constitute a delay of the Congress required for the right of veto pocket. In such cases, the relevant Secretary or Officer of the People's Legislative Assembly shall be declared competent to receive the claim.
Clause 3: Presidential veto
Any Order, Resolution or Voting in which the Consequences of the Senate and the House of Representatives may be required (except on the question of Procrastination) shall be submitted to the President of the United States; and before the Equal will apply, shall be approved by him, or rejected by him, to be pawned by two-thirds of the Senate and the House of Representatives, in accordance with the Rules and Limitations set forth in the Case of the Act.
In 1996, Congress passed the Veto Item Act, which allowed the President, at the time of signing the bill, to cancel certain expenses. Congress may refuse cancellation and refund. The President can veto rejection, but Congress, with a two-thirds vote in each House, can rule out a veto. In the case of Clinton v. City of New York , the Supreme Court found the Veto Line Item Act unconstitutional for violating the Presentation clause. First, the procedure delegates the legislative powers to the President, thus violating the doctrine of nondelegation. Second, the procedure violates the provisions of Part Seven, which states, "if he approves [the bill] he will sign it, but otherwise he will return it." Thus, the President can sign the bill, veto it, or do nothing, but he can not change the bill and then sign it.
Any bills, orders, resolutions or votes to be ratified by both Houses, except in the question of postponement, shall be communicated to the President before becoming law. However, to propose constitutional amendments, two-thirds of both Houses may submit it to the state for ratification, without consideration by the President, as provided in Article V.
Some Presidents have used veto very extensively, while others have not used it at all. Grover Cleveland, for example, vetoed more than four hundred bills during his first term in office; Congress only ruled out the two vetoes. Meanwhile, seven Presidents have never used veto power. There are 2,560 vetoes, including pocket vetoes.
Part 8: Powers of Congress
Enriched Strength
The legislative powers of Congress are mentioned in Section Eight:
Congress must have power
- To lay down and collect Taxes, Duties, Fraud and Excise, to repay Debt and to provide for United States public defense and Commonwealth; but all Tasks, Imposts and Excise shall be uniform throughout the United States;
- Borrowing Money with US credits;
- To regulate trade with foreign countries, and among some States, and with Indian tribes;
- To establish a uniform Naturalization Rule, and a uniform Law on the issue of Bankruptcy throughout the United States;
- To make a Money coin, set its value, and Foreign coins, and fix the Weight and Size Standard;
- To provide the current Counterfeit Securities and coins punishment from the United States;
- To establish Post Office and Post Road;
- To promote the Advancement of Science and Arts useful, by securing Limited Time to Authors and Inventors, Exclusive Rights to Their Own Writings and Discovery;
- To form a lower Tribunal of the Supreme Court;
- To determine and punish Piracy and Felonies committed in the Oceans, and Breach of the Law of the Nation;
- To declare War, give Marque Letter and Vengeance, and create a Rule on the Arrest in the Land and Water;
- To raise and support the Army, but there is no Allocation of Money for such Use for a Valid Term longer than two Years;
- To provide and maintain the Navy;
- To create Rules for Government and Regulations of the Army and Navy;
- To provide to call the Militia to execute the Unity Law, suppress the Rebellion and expel the Invasion;
- To provide for organizing, arming and disciplining, the Militia, and for arranging such Parts as may be used in the United States Services, each ordering to the United States, Official Appointment, and Authority training the Militia in accordance with the discipline prescribed by Congress ;
- To exercise the exclusive Legislation in all cases, above the District (not exceeding ten Miles square) as possible, through the Session of Certain States, and Acceptance of Congress, to US Government Chairs, and to Practice such as the Authority of all Places purchased by the State Legislative Agreement where Same will, for Erection Forts, Magazines, Arsenal, Yards docks, and other necessary Buildings; - And
- To make all necessary and appropriate laws to carry out the previous Executions of Power, and all other Powers granted by this Constitution in the United States Government, or in any Department or Officer.
Many of Congress's powers have been widely interpreted. Particularly, Taxes and Expenditures, Interstate Commerce, and Needed and Exact Clauses have been deemed to give Congress wide control.
Congress may lay down and collect taxes for the "common defense" or "general welfare" of the United States. The US Supreme Court has not often defined "general welfare," leaving political questions to Congress. In United States v. Butler (1936), the Court for the first time interprets the clause. The dispute centers on taxes collected from agricultural processors such as meat; funds collected by taxes are not paid to the general treasury funds, but are specifically allocated to farmers. The court dropped the tax, stating that the general welfare language in the Tax and Expenditure Clause is only related to "national issues, differentiated from local, welfare". Congress continues to use the widespread Use of Tax Clauses and expenditures; for example, a social security program is authorized under the Tax Clause and Expenditure.
Congress has the power to borrow money on US credits. In 1871, when deciding Knox v. Lee, The court ruled that this clause allows Congress to issue bills and make it a valid means of payment in debt satisfaction. Whenever Congress borrows money, it is obliged to pay back the amount stipulated in the original agreement. However, such a treaty merely "binds the conscience of sovereignty", because the doctrine of sovereign immunity prevents the creditor demanding in court if the government denies its commitment.
The Necessary and Appropriate Clauses, as well as the General and Commercial Welfare Clauses have been interpreted so broadly that to this day, the Federal Government of the United States carries out many powers not explicitly delegated by the State in the Federal Government by the Constitution. , like a social program different from the American Welfare State. However, James Madison, who wrote many Constitutions, does not agree that Congress exercises power not expressly granted in the Constitution; Madison, when he was Office of the President of the United States, exercised his Veto power over the Federal Public Employment Bill of 1817, calling it unconstitutional, because for him, the Federal Government has no power to build infrastructure.
Ke House of Representatives of United States:
After considering today's bill presented to me entitled "An act to separate and promise certain funds for internal improvements," and that separates and promises funds "to build roads and canals, and improve navigation of water courses, to facilitate, promote,
Source of the article : Wikipedia
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