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LESSON 21
The Legislative Branch
The Preamble lists the goals the founding fathers wanted to accomplish in the Constitution (see lesson one).
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Goals Stated in the Preamble
To accomplish these six goals the 55 delegates in Philadelphia approved the seven articles in the Constitution.
The seven articles in the Constitution are not designed to address a particular goal from the Preamble. Rather, the articles concentrate on setting up a type of government that meets all of the goals of the Preamble.
Outline of the U.S. Constitution
Article I Article II Article III Article IV Article V Article VI Article VII |
Legislative Branch Executive Branch Judicial Branch States and Territories Amendments Supremacy Clause Ratification Process |
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The first of the branches of government outlined in the Constitution is the Legislative Branch.
The Articles of the Constitution address specific areas.
Article I- The Legislative Branch
Article I - Section 1 Article I - Section 2 Article I - Section 3 Article I - Section 4 Article I - Section 5 Article I - Section 6 Article I - Section 7 |
Establishment of a Senate and House Qualifications for a Representative Qualifications for a Senator Meeting rules Internal rules Pay House powers |
We will discuss these 7 sections in greater detail in the next lesson.
There is much more information included in Article I. First, it gives all legislative powers to a Congress.
Article I - Section 8 Article I - Section 9 Article I - Section 10 |
What Congress is empowered or allowed to do. What Congress is not allowed to do. What the States are not allowed to do. |
Many people believe that the legislative branch was placed in the first article to indicate it was the most important branch of government. In this branch the people would have direct control, through their vote, over their representation on the national level of government.
A reminder that in a federal system the powers are divided between the national and state governments.
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The people maintain control of their government at all levels through the election process.
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The Constitution gave the legislative branch certain specific powers. The Congress also was granted other powers by the writers of the Constitution.
These powers are called enumerated powers.
Article 1 Section 8 lists the enumerated powers of Congress.
Taxes - Congress can pass laws which establish taxes, duties, etc.
Borrow money in the name of the United States.
Regulate commerce with foreign nations and between states.
Establish rules for naturalization (immigrants).
Coin money and regulate the value of the money, and to set standards for weights and measures.
Punish counterfeiters of U.S. money.
Establish Post Offices and Postal Roads.
Grant patents and copyrights.
Set up courts beneath the Supreme Court (such as district and appeals courts).
Punish piracy and other felonies committed on the high seas.
The power to declare war.
The power to raise and support the armed forces.
Congress also has the power to regulate the armed forces, and also to provide for calling out the militia, or as we know it now, the National Guard.
The District of Columbia is also governed by Congress.
Perhaps the most important power held by Congress is the "Necessary and Proper Clause," which we call the "Elastic Clause."
It is because this clause allows Congress to "stretch" their powers to cover unforeseen occurrences which may not be within their delegated powers. A reminder of the implied powers studied in an earlier lesson.
These delegated or enumerated powers can be divided into different categories.
Some of the enumerated powers of Congress stated in the Constitution include:
*Taxes
Congress may levy taxes for public purposes.
*Borrowing
Congress may borrow money to operate the government through the sale of government bonds.
*Commerce
Trade with foreign nations and between states and Indian tribes is subject to regulation by Congress.
*Naturalization and Bankruptcy
Congress can decide the process for immigrants to become citizens and make laws governing bankruptcy, the process of excusing debtors for debts they cannot pay.
*Coining Money and Establishing a Standard of Weights and Measures
Congress can make and regulate the value of money. It also sets up standards of weights and measurements.
*Counterfeiting
Congress makes laws setting the punishment for making fake money, stamps, and bonds.
*Post Offices and Roads
Congress originally established a Post Office and roads on which carriers traveled to deliver the mail. However, since 1970, the Postal Service has been an independent agency as decreed by Congress.
*Copyrights and Patents
To promote science and art, Congress establishes laws to protect authors and inventors from having their work stolen.
*Courts
Congress may create federal courts lower than the Supreme Court.
*Declare war
Only Congress can declare war on another nation, although the President, as Commander-in-Chief of the armed forces, can commit troops for up to 60 days.
*Armed forces
Congress has the power to raise, support, and regulate an army and navy.
*National Capital
Washington, D.C. is outside of the territory of any state. Congress is given the power to govern the District of Columbia.
*Elastic clause
This is the clause that gives Congress the power to make any laws deemed "necessary and proper" to carry out all the other powers.
Article 1, Section 8 lists the things that Congress is NOT allowed to do by the Constitution. Congress may not:
suspend the "Writ of Habeas Corpus. A person cannot be held in jail on flimsy or no evidence.
pass "Bills of Attainder." A legislature cannot punish a person without a trial.
In addition, Congress may not:
pass "Ex Post Facto" laws. This is a law that a person for an act that is illegal today, but was legal when committed.
pass any direct taxes. This means no head taxes, or poll taxes, unless everyone in the U.S. is taxed the same. The 16th Amendment, however, made an income tax legal.
Additionally, Congress may not:
pass any export taxes. Congress cannot levy an export tax or duty ( sometimes called a tariff) on goods sent out of any state.
play favorites among the states. States cannot be given preferential treatment over another in regard to trade and commerce.
Congress may not:
grant titles of nobility. Officials of the U.S. Government cannot hold a title of nobility, such as Prince, Duchess, etc. They also cannot accept a gift or position with a the consent of Congress.
The "Founding Fathers" placed these restrictions on Congress due to their distrust of an all-powerful central government. All other powers of government are given either to the states, or to the people.
There was debate in the Constitutional Convention over whether to give each state the same number of representatives or a number based on the population of each state. A compromise was reached, giving one chamber of Congress equal representation for each state and the other chamber representation based on population.
This legislative branch of government consists of two Houses:
The Senate
(Upper House) andThe House of Representatives
(Lower House).Since the United States Congress is made up of two houses, it is called a "Bicameral" legislature (two houses). The model for the United States Congress was based on the Parliament which has the House of Lords and the House of Commons.
Both of these houses were established under Article 1 of the Constitution, and each has their own requirements to become a member.
Members of the House of Representatives must meet the following election qualifications
:A representative must be at least 25 years old.
A United States citizen for 7 years.
A resident of the state/district from which he/she is elected.
Representatives serve terms of two years, and at present have no limits on how many times they can be elected.
Members of the United States Senate must meet the following election qualifications:
A Senator must be at least 30 years old.
A U.S. citizen for 9 years.
A resident of the state from which s/he is elected.
Senators serve terms of six years, and they also have no limits at present on the number of times they may be elected.
Actually, if you look at the requirements for office, it appears that it is a "stepping-stone" system to go from the "Lower House" to the "Upper House."
In reality, that is how the writers of the Constitution planned it.
They thought that the Senate should be the more serious or stable of the two houses, and would monitor the quality of legislation.
The Senators were given six-year terms and originally were elected by the state legislatures, not the people.
Summary
This concludes this lesson on the powers of Congress. We will continue our study of the legislative branch in the next lesson.