Article I (Simplified) Unit III

Section 1. Congress  Section 1. Congress  The power to make laws is given to a Congress made up of two chambers (bicameral): the Senate and the House of Representatives.  Section 1. Congress  The power to make laws is given to a Congress made up of two chambers (bicameral): the Senate and the House of Representatives.

Section 2. House of Representatives  1. Election and Term of Office  Every two years the voters choose new Congress members to serve in the House of Representatives.  1. Election and Term of Office  Every two years the voters choose new Congress members to serve in the House of Representatives.

 2. Qualifications  Representatives must be 25 years old, citizens of the United States for 7 years, and residents of the state and the district they represent.  2. Qualifications  Representatives must be 25 years old, citizens of the United States for 7 years, and residents of the state and the district they represent.

 3. Divisions of Representatives among the States  The number of representatives from each state is based on the size of the state ’ s population (Census). Each state is entitled to at least one representative. There are 435 members in the House of Representatives.  3. Divisions of Representatives among the States  The number of representatives from each state is based on the size of the state ’ s population (Census). Each state is entitled to at least one representative. There are 435 members in the House of Representatives.

 4. Vacancies  Vacancies in the House are filled through special elections called by the state ’ s governor.  4. Vacancies  Vacancies in the House are filled through special elections called by the state ’ s governor.

 5. Officers  The Speaker of the House is the leader of the majority party in the House and responsible for choosing the various heads of House Committees.  Also, impeachment indictments are brought forth in the House.  5. Officers  The Speaker of the House is the leader of the majority party in the House and responsible for choosing the various heads of House Committees.  Also, impeachment indictments are brought forth in the House.

 Section 3. The Senate  1. Number of Members, Terms of Office, and Voting Procedure  Originally, Senators were chosen by state legislatures of their own states. The 17th Amendment changed this, so that Senators are now elected directly by the people. There are 100 Senators, two from each state.  Section 3. The Senate  1. Number of Members, Terms of Office, and Voting Procedure  Originally, Senators were chosen by state legislatures of their own states. The 17th Amendment changed this, so that Senators are now elected directly by the people. There are 100 Senators, two from each state.

 2. Staggered Elections  One-third of the Senate is elected every two years. Temporary appointments may be made each state ’ s governor.  2. Staggered Elections  One-third of the Senate is elected every two years. Temporary appointments may be made each state ’ s governor.

 3. Qualifications  Senators must be at least 30 years old, citizens of the United States for at least 9 years, and residents of the state they are to represent.  3. Qualifications  Senators must be at least 30 years old, citizens of the United States for at least 9 years, and residents of the state they are to represent.

 4. President of the Senate  The Vice President (Executive Branch) presides over the Senate and votes if there is a tie. When the Vice President is not in attendance, the President Protempore, the most senior member of the majority party, presides over the chamber.  4. President of the Senate  The Vice President (Executive Branch) presides over the Senate and votes if there is a tie. When the Vice President is not in attendance, the President Protempore, the most senior member of the majority party, presides over the chamber.

 5. Officers  Selection of the officers of the Senate are in accordance with majority and minority party status.  5. Officers  Selection of the officers of the Senate are in accordance with majority and minority party status.

 6. Trial of Impeachment  The Senate tries impeachment cases. The Chief Justice acts as the judge and the Senate acts as the jury. A two-thirds vote by members present is needed to convict.  6. Trial of Impeachment  The Senate tries impeachment cases. The Chief Justice acts as the judge and the Senate acts as the jury. A two-thirds vote by members present is needed to convict.

 7. Penalty for Conviction  If the Senate convicts an official, it may only remove the official from office and prevent that person from holding another federal position. The convicted official may still be tried in a regular court of law. The most common method of the Senate to show disfavor is to censure the individual. If that is not considered several enough, they may opt for expulsion. This only applies to their members and not to the Executive or Judicial Branches.  7. Penalty for Conviction  If the Senate convicts an official, it may only remove the official from office and prevent that person from holding another federal position. The convicted official may still be tried in a regular court of law. The most common method of the Senate to show disfavor is to censure the individual. If that is not considered several enough, they may opt for expulsion. This only applies to their members and not to the Executive or Judicial Branches.

 Section 4. Elections and Meetings  1. Holding Elections  Each state determines its own rules for congressional elections. Congress, however, can overrule state election laws.  Section 4. Elections and Meetings  1. Holding Elections  Each state determines its own rules for congressional elections. Congress, however, can overrule state election laws.

 2. Meetings  The 20th Amendment changed the date of the opening of the regular session of Congress to January 03.  2. Meetings  The 20th Amendment changed the date of the opening of the regular session of Congress to January 03.

 Section 5. Organizations and Rules of Procedure  1. Organization  2. Rules  Each house sets its own rules.  Section 5. Organizations and Rules of Procedure  1. Organization  2. Rules  Each house sets its own rules.

 3. Journals  A complete official record of everything said on the floor is available in the Congressional Record.  4. Adjournment  3. Journals  A complete official record of everything said on the floor is available in the Congressional Record.  4. Adjournment

 Section 6. Privileges and Restrictions  1. Pay and Privileges  Congressional salaries are paid by the United States Treasury rather than by member ’ s respective states. Also, members cannot be sued or be prosecuted for anything they say in Congress. They cannot be arrested while Congress is in session, except for treason, major crimes, or breaking the peace.  Section 6. Privileges and Restrictions  1. Pay and Privileges  Congressional salaries are paid by the United States Treasury rather than by member ’ s respective states. Also, members cannot be sued or be prosecuted for anything they say in Congress. They cannot be arrested while Congress is in session, except for treason, major crimes, or breaking the peace.

 2. Restrictions  No member of Congress may pass laws that would benefit them personally.  2. Restrictions  No member of Congress may pass laws that would benefit them personally.

 Section 7. Passing Laws  1. Revenue Bills  All tax bills must originate in the House of Representatives.  Section 7. Passing Laws  1. Revenue Bills  All tax bills must originate in the House of Representatives.

 2. How a Bill becomes a law [see How a Bill becomes law notes]  3. Presidential Veto or Approval  2. How a Bill becomes a law [see How a Bill becomes law notes]  3. Presidential Veto or Approval

 Section 8. Powers Granted to Congress  1. Revenue  Taxes must be levied at the same rate throughout the nation.  Section 8. Powers Granted to Congress  1. Revenue  Taxes must be levied at the same rate throughout the nation.

 2. Borrowing  The federal government borrows money by issuing bonds or credit on the United States. (Deficit Spending)  2. Borrowing  The federal government borrows money by issuing bonds or credit on the United States. (Deficit Spending)

 3. Commerce  Congress regulates foreign and interstate commerce.  3. Commerce  Congress regulates foreign and interstate commerce.

 4. Naturalization and Bankruptcy  Naturalization refers to the procedure by which a citizen of a foreign nation becomes a citizen of the United States as well as imposing uniform laws for bankruptcy in the United States.  4. Naturalization and Bankruptcy  Naturalization refers to the procedure by which a citizen of a foreign nation becomes a citizen of the United States as well as imposing uniform laws for bankruptcy in the United States.

 5. Currency  Control over currency is exclusively reserved for the federal government.  5. Currency  Control over currency is exclusively reserved for the federal government.

 6. Counterfeiting  Congress shall have the authority to issue penalties for the forging of American currency.  6. Counterfeiting  Congress shall have the authority to issue penalties for the forging of American currency.

 7. Post Office  Congress is given the sole authority to establish post offices and post roads.  7. Post Office  Congress is given the sole authority to establish post offices and post roads.

 8. Copyrights and Patents  Congress has the right to pass copyrights and patents laws.  8. Copyrights and Patents  Congress has the right to pass copyrights and patents laws.

 9. Courts  Congress may establish a federal court system inferior to the U.S. Supreme Court.  9. Courts  Congress may establish a federal court system inferior to the U.S. Supreme Court.

 10. Piracy  Congress protects American ships on the high seas.  10. Piracy  Congress protects American ships on the high seas.

 11. Declare War  Congress has the sole authority to declare war but may pass resolutions granting the power to wage war to the President.  12. Army  13. Navy  11. Declare War  Congress has the sole authority to declare war but may pass resolutions granting the power to wage war to the President.  12. Army  13. Navy

 14. Rules for the Armed Forces  Congress may pass regulations that deal with military discipline.  14. Rules for the Armed Forces  Congress may pass regulations that deal with military discipline.

 15. Militia  The Militia is now called the National Guard which is organized by the States.  16. National Guard  Congress has the right to pass laws governing the National Guard ’ s behavior.  15. Militia  The Militia is now called the National Guard which is organized by the States.  16. National Guard  Congress has the right to pass laws governing the National Guard ’ s behavior.

 17. Nation ’ s Capital  This clause gives Congress the right to make laws for Washington, D.C. and to create our federal city.  17. Nation ’ s Capital  This clause gives Congress the right to make laws for Washington, D.C. and to create our federal city.

 18. Elastic Clause  This is the so-called Elastic clause of the Constitution. The necessary and proper laws must be related to one of the 17 enumerated or stated powers.  18. Elastic Clause  This is the so-called Elastic clause of the Constitution. The necessary and proper laws must be related to one of the 17 enumerated or stated powers.

 Section 9. Powers Denied to the Federal Government  1. Slave Trade  Congress could not ban the slave trade before  Section 9. Powers Denied to the Federal Government  1. Slave Trade  Congress could not ban the slave trade before 1808.

 2. Habeas Corpus  A writ of habeas corpus requires a law official to bring a prisoner to court and show cause for holding the prisoner. The writ may be suspended only during wartime.  2. Habeas Corpus  A writ of habeas corpus requires a law official to bring a prisoner to court and show cause for holding the prisoner. The writ may be suspended only during wartime.

 3. Bills of Attainder  Congress cannot pass any bill of attainder or ex post facto laws. A bill of attainder is a bill that punishes a person without a jury trial and an ex post facto law is a law that makes an act a crime after the act has been committed.  3. Bills of Attainder  Congress cannot pass any bill of attainder or ex post facto laws. A bill of attainder is a bill that punishes a person without a jury trial and an ex post facto law is a law that makes an act a crime after the act has been committed.

 4. Direct Taxes  Congress was initially forbid from collected taxes directly from Americans. However, the 16th Amendment gave Congress the ability to pass an income tax.  4. Direct Taxes  Congress was initially forbid from collected taxes directly from Americans. However, the 16th Amendment gave Congress the ability to pass an income tax.

 5. Tax on Exports  Congress may not tax goods that move from one state to another.  5. Tax on Exports  Congress may not tax goods that move from one state to another.

 6. Uniformity of Treatment  Congress may not favor one state or region over another. However, since all money bills must originate in the House of Representatives, it is possible for this to happen if a large state or geographic region can get together on an issue.  6. Uniformity of Treatment  Congress may not favor one state or region over another. However, since all money bills must originate in the House of Representatives, it is possible for this to happen if a large state or geographic region can get together on an issue.

 7. Appropriation Law  All of the President ’ s expenditures must be made with the permission of Congress.  7. Appropriation Law  All of the President ’ s expenditures must be made with the permission of Congress.

 8. Titles of Nobility  This clause prevents the development of a nobility in the United States.  8. Titles of Nobility  This clause prevents the development of a nobility in the United States.

Article I Unit III