Legislative Branch Article I U S Constitution

Legislative Branch Article I U. S. Constitution

Section 1 u Legislative (law writing) power exists in Congress, made up of 2 houses • House of Representatives (Ho. R) • Senate (S)

Section 2 House of Representatives 1. Ho. R members are elected every 2 years. 2 year terms. 2. Qualifications for being a member of the Ho. R. • 25 • 7 years a U. S. citizen • Live in the state you represent

Section 2 House of Representatives 3. The number of representatives from each state is determined by the population of each state, counted every 10 years. More people means more representatives. Even small states get at least one representative. Today there are 435 members of the HOR. 9 from Missouri. 4. If someone dies or leaves office in the Ho. R, the governor from the home state calls an election to fill the seat.

Section 2 House of Representatives 5. Members of the Ho. R choose their Speaker (leader) and other officers. (Speaker—Democrat (D)—Nancy Pelosi) 6. The Ho. R has the sole power of impeachment—formal accusation of wrongdoing by a government official.

Section 3 Senate 1. Each state gets 2 senators. They serve 6 year terms. Each senator gets one vote. (MO’s 2 senators—(D) Claire Mc. Caskill and Kitt Bond(R) 2. One third of the Senators are elected every two years. 33 every two years. 3. Qualifications for Office of Senator • 30 years old • 9 years a U. S. citizen • live in the state you represent 4. The Vice-President of the U. S. (Joe Biden. Democrat) is president of the Senate and only votes in a tie.

Section 3 Senate 5. S chooses its own officers. The president pro tempore runs the S when the vice president is absent. 6. S tries all impeachments. 7. Supreme Court presides over the trial. To convict upon impeachment requires a 2/3 vote. 8. Those who are convicted of impeachment shall be removed from office. They can then be tried in a criminal court for any law enforcement violations.

Section 4 Elections 1. States run the elections. 2. Cong must meet at least once a year.

Section 5 Proceedings 1. Each house sets its own rules. They must have a quorum (one more than half) to meet. 2. Each house can punish a member and expel a member with 2/3 vote. 3. Congressional Record is a record of all comments and votes made in either house. 4. Adjournment—neither house can adjourn for more than 3 days without the permission of the other.

Section 6 Compensation 1. Senators and Reps get paid. 2. Legislative immunity—Senators and Reps cannot be arrested during or coming or going to a congressional session except treason, felony, or breach of the peace. They also have unlimited free speech during a debate in the Congress. 3. Senators and Reps cannot have any other job for the government.

Section 7 Revenue (money) 1. All bills for raising money must begin in the HOR. 2. Bills must pass both the Ho. R and the Senate. This must be the exact same bill with the exact same language. These bills are then sent to the President. If the Pres signs the bill, it becomes law. 3. If the bill passes both houses of Cong, but the Pres refuses to sign it, he sends his objections to the bill in writing back to Cong within 10 days —veto. If he does nothing for 10 days, the bill automatically becomes law.

Section 7 Revenue (money) 4. Once the bill is returned to Congress, it is voted on again in each house. If the bill passes by 2/3 vote in both houses, it becomes law, overriding the President’s veto. 5. Pocket veto—If there are less than 10 days left in a session of Congress and Congress passes a bill, the president can leave it unsigned and the bill is vetoed. It does not become law.

Section 8 Powers of Congress (Enumerated/Expressed Powers) 1. Lay and collect taxes, pay debts. All taxes must be uniform throughout the U. S. 2. To borrow money. 3. To regulate commerce between the states and between the U. S. and foreign nations. 4. To set rules for immigration and citizenship. To set rules for bankruptcy. 5. To coin money. 6. To punish counterfeiters. 7. To establish a post office.

Section 8 Powers of Congress 8. To establish patent and copyright protection. A patent is the exclusive right to use an invention. A copyright is the right to copy a document. 9. To establish a court system for the federal government. 10. To punish crimes on the sea. 11. To declare war. 12. To raise and support an army, but they cannot budget money more than 2 years in advance.

Section 8 Powers of Congress 13. To provide and maintain a navy. 14. To make rules for the military. 15. To create a militia to suppress insurrections and repel invasions. National Guard. 16. State militia can be trained and equipped by the national gov. 17. To govern Washington, D. C. And to acquire any lands from any state for any national purpose. 18. The Necessary and Proper Clause: To make any laws necessary for the powers listed here. (Elastic Clause) This gives Cong its implied powers.

Section 9 Powers Denied to Congress 1. Cong can’t outlaw or restrict the slave trade until 1808. 2. The Writ of Habeas Corpus— The accused person has the right to know what they’re accused of and to see the evidence against them. 3. No bills of attainder— A law written to punish someone without that person getting a fair trial. No ex post facto—“after the fact” If you do something that is legal when you did it, you cannot be prosecuted if the law later changes. 4. No head taxes allowed.

Section 9 Powers Denied to Congress 5. Cong cannot tax exports. 6. All ports must be treated equally 7. No money can be spent by the government unless Cong authorizes it. 8. No titles of nobility will be granted to anyone nor can anyone in office in the U. S. accept gifts from a foreigner without the consent of Congress.

Section 10 Powers Denied to the States 1. States cannot enter into agreements or treaties with foreign countries. States cannot coin money nor grant titles of nobility. 2. States cannot tax imports and exports. 3. States cannot keep armies in times of peace and they cannot engage in war unless they are in imminent danger or actually invaded.