Article I: The Legislative Branch House of Representatives (Section 2) – Number of representatives from each state based on population – Approximately equal size districts – One member per district elected by the district’s voters – Membership fixed at 435 by the Reapportionment Act of 1929 – Representatives serve two year terms. – Qualifications: Must be at least 25, Citizen for 7 years, Resident of state from which elected – Presiding officer- Speaker of the House, Selected by majority party – Art I Sec2 Clause 3 that an “enumeration” (Census) of all persons will be made every 10 years Copyright © 2009 Cengage Learning 1

Article I: The Legislative Branch The Senate (Section 3) – Each state represented by 2 Senators Initially chosen by state legislature 17 th Amendment (1913) provided for direct election by voters in the states – 6-year term with one-third of Senators being elected every 2 years – At least 30, Citizen for 9 years, Resident of state from which elected – President of the Senate is the Vice President Only one duty is to break tie votes In actuality the Senate is generally presided over by the Senate Majority Leader Copyright © 2009 Cengage Learning 2

Impeachment House and Senate have power to impeach and convict President and judges for treason, bribery, or other high crimes and misdemeanors Copyright © 2009 Cengage Learning 3

Impeachment – House of Representatives has authority to issue Articles of Impeachment Andrew Johnson (1868) and Bill Clinton (1998) only presidents ever impeached Richard Nixon resigned (August 1974) before Articles of Impeachment approved by House of Representatives Copyright © 2009 Cengage Learning 4

Impeachment – Senate has sole power to try impeachments (Art I, Sec 3, Clause 6) If President is tried, Chief Justice of Supreme Court presides over trial Senate is the jury and a House team prosecutes 2/3 vote required to convict Conviction results in removal from office and disqualification to hold and enjoy any office in the Federal Government Copyright © 2009 Cengage Learning 5

Revenue All bills for raising revenue are required to originate in the House of Representatives (Art I, Sec 7, Clause 1) Copyright © 2009 Cengage Learning 6

Passage of Laws Every law passed by Congress must be approved by the President (Art I, Sec 7, Clause 2) Becomes law when signed by President President may veto and return to initiating chamber with objections Congress can override Veto by two-thirds vote of both House and Senate Copyright © 2009 Cengage Learning 7

Passage of Laws Bill becomes law if President fails to sign within 10 days (not including Sundays) when Congress is in session, but If President does not sign within 10 days and Congress adjourns before 10 days is up, a bill is considered vetoed and the House and Senate do not have the opportunity to override. This is known as the “pocket veto” Copyright © 2009 Cengage Learning 8

Enumerated or Delegated (Specific) Powers of Congress (Art I, Sec 8) Levy and collect taxes Borrow money Regulate interstate and foreign commerce Create lower federal courts Declare war Copyright © 2009 Cengage Learning 9

The Elastic Clause (Art I, Sec 8, Clause 18)  MAKE ALL LAWS NECESSARY AND PROPER FOR CARRYING INTO EXECUTION THE FOREGOING POWERS – Known as the elastic or necessary and proper clause – Framers did not know what would be necessary to govern in the future – A major reason why Constitution has been amended so little Copyright © 2009 Cengage Learning 10

Powers denied to Congress (Art I, Sec 9) Could not prohibit slave trade until 1808 (Congress did outlaw in 1808) Can not suspend Writ of Habeas Corpus except in cases of rebellion or invasion No Bill of Attainder or Ex Post Facto Laws No direct taxes (16 th amendment ratified in 1913 authorized federal income tax) No export taxes No preference in interstate commerce No withdrawals from Treasury without appropriation No titles of nobility Copyright © 2009 Cengage Learning 11