1. American Government & Politics POL 105 Erik Rankin Lecture 4 –Pgs. 18-35 Preamble – Article I

2. Preamble We the people…(all you really need to know!) We the people…(all you really need to know!) Who really consented? Who really consented? States Rights or Compact View States Rights or Compact View Did you consent? Did you consent? What’s the purpose? What’s the purpose? Nature, extent, application of power Nature, extent, application of power Does it create power? Does it create power? Was this document written just to further the framers position in society? Was this document written just to further the framers position in society?

3. Article I Intro- Intro- Deals with Congress (Legislative Branch) Deals with Congress (Legislative Branch) Law making function is solely their responsibility Law making function is solely their responsibility Discussion of two houses Discussion of two houses Composition Composition Requirements for election Requirements for election Duties Duties Forbidden activities Forbidden activities What was the framers intent with Congress? What was the framers intent with Congress? Where does the power struggle come between the President and Congress? Where does the power struggle come between the President and Congress?

4. Article I Art. I Sec. I Art. I Sec. I Creation of a bi-cameral legislature Creation of a bi-cameral legislature Connecticut Compromise (VA, NJ Plans) Connecticut Compromise (VA, NJ Plans) Art. I Sec II (House Qualifications - 435) Art. I Sec II (House Qualifications - 435) House members elected every 2 years, why? House members elected every 2 years, why? State determines qualifications but federal rules also apply State determines qualifications but federal rules also apply Must be 25 years old and citizen of US for 7 years and an inhabitant of that state. Hummm? Must be 25 years old and citizen of US for 7 years and an inhabitant of that state. Hummm? Section 3 had first part eliminated, the rest of section deals with original set up and later quota of 435 determined by census Section 3 had first part eliminated, the rest of section deals with original set up and later quota of 435 determined by census

5. Article I Art. I Sec II cont… Art. I Sec II cont… Section 4 allows the governor to call a special election in the event of death or resignation Section 4 allows the governor to call a special election in the event of death or resignation Section 5 the Speaker is chosen by the controlling party to preside over the body Section 5 the Speaker is chosen by the controlling party to preside over the body

6. Article I Art. I Sec. III Art. I Sec. III Section 1 – 2 senators for each state elected every 6 years (who elected Senators at first?- how did it change?) Section 1 – 2 senators for each state elected every 6 years (who elected Senators at first?- how did it change?) Section 2 – Groupings of Senators based on election timing Section 2 – Groupings of Senators based on election timing Vacancies changed to fit 17 th amendment, how are they changed? Vacancies changed to fit 17 th amendment, how are they changed? Section 3- Must be 30 year old and US Citizen for 9 years and be an inhabitant of state (IL experience with this?) Section 3- Must be 30 year old and US Citizen for 9 years and be an inhabitant of state (IL experience with this?) Section 4- VP is tie breaker in senate Section 4- VP is tie breaker in senate Section 5- President Pro Tem is the senator with the longest service Section 5- President Pro Tem is the senator with the longest service Section 6- House draws up impeachment, Senate acts as jury Section 6- House draws up impeachment, Senate acts as jury Section 7- Only fine of impeachment is removal from office (only 7 officials have been impeached, all federal judges) three presidents have been brought up, name them. Section 7- Only fine of impeachment is removal from office (only 7 officials have been impeached, all federal judges) three presidents have been brought up, name them.

7. Article I Art. I Sec. IV Art. I Sec. IV Clause 1- Rule has first Tuesday after the first Monday for elections (set in 1872) Clause 1- Rule has first Tuesday after the first Monday for elections (set in 1872) Amendments 14, 15, and 17 have additional requirements we will discuss later Amendments 14, 15, and 17 have additional requirements we will discuss later Clause 2- superseded by 20 th amendment Clause 2- superseded by 20 th amendment Art. I Sec. V Art. I Sec. V Clause 1- Each house may refuse to seat a member Clause 1- Each house may refuse to seat a member Changed with Powell v. McCormack Changed with Powell v. McCormack Clause 2- Members choose day to day activity of the floor Clause 2- Members choose day to day activity of the floor Cannot be impeached but may be removed by 2/3rds of the specific house Cannot be impeached but may be removed by 2/3rds of the specific house

8. Article I Art. I Sec. V cont… Art. I Sec. V cont… Clause 3- Each house must keep and publish proceedings of votes on issues unless secrecy is required Clause 3- Each house must keep and publish proceedings of votes on issues unless secrecy is required 1/5 must call to publish 1/5 must call to publish Clause 4- Neither house can adjourn for more than 3 days and both houses must sit in same place Clause 4- Neither house can adjourn for more than 3 days and both houses must sit in same place

9. Article I Art. I Sec. VI Art. I Sec. VI Clause 1 – Members of Congress are exempt from arrest in order to protect their independence in the legislature Clause 1 – Members of Congress are exempt from arrest in order to protect their independence in the legislature Except for civil suits (money) and felonies Except for civil suits (money) and felonies May not be sued for slander May not be sued for slander Clause 2- No member of Congress can hold any other office during their term Clause 2- No member of Congress can hold any other office during their term They must first resign before taking any other post They must first resign before taking any other post

10. Article I Art. I Sec. VII Art. I Sec. VII Clause 1- Tax bills always originate in the House, why? Clause 1- Tax bills always originate in the House, why? Clause 2- How a bill becomes a law Clause 2- How a bill becomes a law Bill passed in House and Senate sent to President for Bill passed in House and Senate sent to President for Signature, Veto, Pocket Veto Signature, Veto, Pocket Veto If vetoed it may be overridden by 2/3rds vote of both houses If vetoed it may be overridden by 2/3rds vote of both houses We will cover this more in depth in the Congress chapter We will cover this more in depth in the Congress chapter Clause 3- Congress can push its opinion on things that are not proper for legislation. Such as the Gulf of Tonkin Resolution approving Johnson’s conduct with Vietnam Clause 3- Congress can push its opinion on things that are not proper for legislation. Such as the Gulf of Tonkin Resolution approving Johnson’s conduct with Vietnam

11. Article I Art. I Sec. VIII Art. I Sec. VIII Specific powers of Congress, no power in foreign relations (some are implied) Specific powers of Congress, no power in foreign relations (some are implied) Congress may collect taxes, borrow money, regulate commerce (interstate), determine naturalization, coin money, punish counterfeiters, create post offices and infrastructure, issue patents, create courts inferior to the Supreme Court (Art. III), determines crime on the seas against the US, to declare war, to raise armies, to provide a navy, to make rules for military, to maintain a militia (national guard) and call when needed, may control militia when needed, jurisdiction over all federal property (military bases), make all laws that are “necessary and proper” by the Constitution Congress may collect taxes, borrow money, regulate commerce (interstate), determine naturalization, coin money, punish counterfeiters, create post offices and infrastructure, issue patents, create courts inferior to the Supreme Court (Art. III), determines crime on the seas against the US, to declare war, to raise armies, to provide a navy, to make rules for military, to maintain a militia (national guard) and call when needed, may control militia when needed, jurisdiction over all federal property (military bases), make all laws that are “necessary and proper” by the Constitution

12. Article I Art. I Sec. IX Art. I Sec. IX Clause 1- slave trade, obsolete Clause 1- slave trade, obsolete Clause 2- Writ of Habeas Corpus, “you have the body” shall not be suspended, unless? Clause 2- Writ of Habeas Corpus, “you have the body” shall not be suspended, unless? Clause 3- No Bill of Attainders or ex post facto laws Clause 3- No Bill of Attainders or ex post facto laws Clause 4- no longer used, refer to 16 th amendment Clause 4- no longer used, refer to 16 th amendment Clause 5- No duties paid on exports Clause 5- No duties paid on exports Clause 6- Import duties are the same at all ports Clause 6- Import duties are the same at all ports Clause 7- No money can be paid out with out Congressional approval, HUGE power! Clause 7- No money can be paid out with out Congressional approval, HUGE power! Clause 8- No titles of nobility Clause 8- No titles of nobility

13. Article I Art. I Sec. X Art. I Sec. X Clause 1- No state may enter into agreements with foreign nations Clause 1- No state may enter into agreements with foreign nations Clause 2- No state may charge export duties or import duties, but inspections are allowed Clause 2- No state may charge export duties or import duties, but inspections are allowed Clause 3- No tonnage fees, no state led armies that are exempt form federal regulation, joint approval between states requires congressional approval Clause 3- No tonnage fees, no state led armies that are exempt form federal regulation, joint approval between states requires congressional approval