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Encyclopedia > Article One of the United States Constitution
Wikisource has original text related to this article:
United States of America
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United States Constitution Image File history File links Wikisource-logo. ... The original Wikisource logo. ... Image File history File links US-GreatSeal-Obverse. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ...


Original text of the Constitution
Preamble

Articles of the Constitution
IIIIIIIVVVIVII Wikisource has original text related to this article: Preamble to the United States Constitution The Preamble to the United States Constitution is a brief introductory statement of the fundamental purposes and guiding principles which the Constitution itself was meant to serve. ... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Wikisource has original text related to this article: Article Three of the United States Constitution Article Three of the United States Constitution establishes the judicial branch of the federal government. ... Article Four of the United States Constitution relates to the states. ... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... Article Seven of the United States Constitution describes the process by which the entire document is to be ratified and take effect. ...

Amendments to the Constitution
Bill of Rights
IIIIIIIVV
VIVIIVIIIIXX

Subsequent Amendments
XI ∙ XII ∙ XIII ∙ XIV ∙ XV
XVI ∙ XVII ∙ XVIII ∙ XIX ∙ XX
XXI ∙ XXII ∙ XXIII ∙ XXIV ∙ XXV
XXVI ∙ XXVII The first ten amendments to the United States Constitution are known as the Bill of Rights. ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... “First Amendment” redirects here. ... The Bill of Rights in the National Archives Amendment II (the Second Amendment) of the United States Constitution’s Bill of Rights declares a well-regulated militia as being necessary to the security of a free State and prohibits infringement of the right of the people to keep and bear... The Bill of Rights in the National Archives. ... The Bill of Rights in the National Archives. ... Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ... “Seventh Amendment” redirects here. ... Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. ... The Bill of Rights in the National Archives Amendment IX (the Ninth Amendment) to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution. ... For Ireland, see Tenth Amendment of the Constitution of Ireland. ... Amendment XI in the National Archives Amendment XI (the Eleventh Amendment) of the United States Constitution was passed by the U.S. Congress on March 4, 1794, and was ratified on February 7, 1795. ... Amendment XII in the National Archives The Twelfth Amendment to the United States Constitution alterd Article II pertaining to presidential elections. ... Amendment XIII in the National Archives The Thirteenth Amendment to the United States Constitution officially abolished, and continues to prohibit slavery and, with limited exceptions (those convicted of a crime), prohibits involuntary servitude. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ... Amendment XV in the National Archives 1870 celebration of the 15th amendment as a guarantee of African American rights 1867 drawing depicting the first vote by African Americans Amendment XV (the Fifteenth Amendment) of the United States Constitution provides that governments in the United States may not prevent a citizen... Amendment XVI in the National Archives The Sixteenth Amendment (Amendment XVI) of the United States Constitution was ratified on February 3, 1913. ... Amendment XVII in the National Archives Amendment XVII (the Seventeenth Amendment) of the United States Constitution was passed by the Senate on June 12, 1911 and by the House on May 13, 1912. ... Amendment XVIII in the National Archives Prohibition agents destroying barrels of alcohol. ... Amendment XIX in the National Archives The Nineteenth Amendment (Amendment XIX) to the United States Constitution provides that neither any individual state or the federal government may deny a citizen the right to vote because of that citizens sex. ... Page 1 of Amendment XX in the National Archives Page 2 of the amendment Amendment XX (the Twentieth Amendment) of the United States Constitution, also called The Lame Duck Amendment, or the Norris Amendment, establishes some details of presidential succession and of the beginning and ending of the terms of... Amendment XXI in the National Archives The Twenty-first Amendment (Amendment XXI) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition. ... Amendment XXII in the National Archives The Twenty-second Amendment of the United States Constitution sets a term limit for the President of the United States, providing that No person shall be elected to the office of the President more than twice, and no person who has held the office... Amendment XXIII in the National Archives Amendment XXIII was the twenty-third Amendment to the United States Constitution which permits the District of Columbia to choose Electors for President and Vice President. ... Amendment XXIV in the National Archives Amendment XXIV (the Twenty-fourth Amendment) of the United States Constitution prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax. ... Page 1 of Amendment XXV in the National Archives Page 2 of the amendment Amendment XXV (the Twenty-fifth Amendment) of the United States Constitution clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and establishes procedures both for filling a vacancy in the office of the... Amendment XXVI (the Twenty-sixth Amendment) of the United States Constitution was ratified on July 1, 1971. ... Page 1 of the certification of Amendment XXVII in the National Archives Page 2 of the amendments certification Page 3 of the amendments certification Amendment XXVII (the Twenty-seventh Amendment) is the most recent amendment to be incorporated into the United States Constitution, having been ratified in 1992...


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Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. The Article establishes the manner of election and qualifications of members of each House. In addition, it outlines legislative procedure and enumerates the powers vested in the legislative branch. Finally, it establishes limits on federal and state legislative powers. Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... United States Government redirects here. ... Type Bicameral Houses Senate House of Representatives President of the Senate President pro tempore Dick Cheney, (R) since January 20, 2001 Robert C. Byrd, (D) since January 4, 2007 Speaker of the House Nancy Pelosi, (D) since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political... Type Bicameral Speaker of the House of Representatives House Majority Leader Nancy Pelosi, (D) since January 4, 2007 Steny Hoyer, (D) since January 4, 2007 House Minority Leader John Boehner, (R) since January 4, 2007 Members 435 plus 4 Delegates and 1 Resident Commissioner Political groups Democratic Party Republican Party... Type Upper House President of the Senate Richard B. Cheney, R since January 20, 2001 President pro tempore Robert C. Byrd, D since January 4, 2007 Members 100 Political groups Democratic Party Republican Party Last elections November 7, 2006 Meeting place Senate Chamber United States Capitol Washington, DC United States...


Each of the first three Articles of the Constitution concern one of the three branches of the federal government. The legislative branch is established under Article One, the executive branch under Article Two, and the judicial branch under Article Three.


Amendments to Article One, unlike amendments to other articles, are explicitly restricted by the Constitution (these restrictions are imposed by Article Five). For example, no amendment made prior to 1808 could affect the first and fourth clauses of Section Nine. The first clause prevented Congress from prohibiting the slave trade until 1808; the fourth barred any direct taxes that were not apportioned among the States according to population. Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... This article or section is in need of attention from an expert on the subject. ...

Contents

Section 1: Legislative Power Vested In Congress

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

The "Vesting Clause" grants all legislative authority to Congress. Other vesting clauses are found in Articles II and III as well, and differ in respect to the branch of government concerned; Article II's vesting clause vests the President with "the executive power" and Article III's vesting clause vests "the judicial power" in the federal judiciary. The Vesting Clauses thus establish the principle of separation of powers by specifically giving to each branch of the federal government only those powers it can exercise and no others.[1] This means that no branch may exercise powers that properly belong to another (e.g., since the legislative power is vested in Congress, the executive and judiciary may not enact laws).[2] The language "herein granted" in Article I's vesting clause has been interpreted to mean that the powers Congress may exercise are exclusively those specifically provided for in Article I.[3] This contrasts with the general vesting of the executive and judicial powers in Articles II and III in the branches of government those articles govern, which has been interpreted to mean that those branches enjoy "residual" or "implied" powers beyond those specifically mentioned, as contrasted with the Congress, which is vested only with those legislative powers "herein granted;"[4] however, there is substantial contemporary disagreement about the precise extent of the powers conferred by the general vesting clauses. The Politics series Politics Portal This box:      Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ...


As a corollary to the fact that Congress, and only Congress, is vested with the legislative power, Congress (in theory) cannot delegate legislative authority to other branches of government (e.g., the Executive Branch), a rule known as the nondelegation doctrine.[5] However, the Supreme Court has ruled that Congress does have latitude to delegate regulatory powers to executive agencies as long as it provides an "intelligible principle" which governs the agency's exercise of the delegated regulatory authority.[6] In practice, the Supreme Court has only invalidated 3 statutes on non-delegation grounds in its history, all 3 of which were invalidated in the mid-1930s.[7] The nondelegation doctrine is primarily used now as a way of interpreting a congressional delegation of authority narrowly,[8] in that the courts presume Congress intended only to delegate that which it certainly could have, unless it clearly demonstrates it intended to "test the waters" of what the courts would allow it to do.[9] This article needs to be cleaned up to conform to a higher standard of quality. ...


Although not specifically mentioned in the Constitution, Congress has also long asserted the power to investigate and the power to compel cooperation with an investigation.[10] The Supreme Court has affirmed these powers as an implication of Congress' power to legislate.[11] Since the power to investigate is an aspect of Congress' power to legislate, it is as broad as Congress' powers to legislate.[12] However, it is also limited to inquiries that are "in aid of the legislative function;"[13] Congress may not "expose for the sake of exposure."[14] It is uncontroversial that a proper subject of Congress' investigation power is the operations of the federal government, but Congress' ability to compel the submission of documents or testimony from the President or his subordinates is often-discussed and sometimes controversial (see executive privilege), although not often litigated. As a practical matter, the limitation of Congress' ability to investigate only for a proper purpose ("in aid of" its legislative powers) functions as a limit on Congress' ability to investigate the private affairs of individual citizens; matters that simply demand action by another branch of government, without implicating an issue of public policy necessitating legislation by Congress, must be left to those branches due to the doctrine of separation of powers.[15] The courts are highly deferential to Congress' exercise of its investigation powers, however. Congress has the power to investigate that which it could regulate,[12] and the courts have interpreted Congress' regulatory powers broadly since the Great Depression. Additionally, the courts will not inquire into whether Congress has an improper motive for an investigation (i.e., using a legitimate legislative purpose as a cover for "expos[ing] for the sake of exposure"), focusing only on whether the matter is within Congress' power to regulate and, thus, investigate.[16] Persons called before a congressional investigatory committee are entitled to the constitutional guarantees of individual rights, such as those in the Bill of Rights.[17] Congress can punish those who do not cooperate with an investigation via holding violators in contempt.[18] This article does not cite any references or sources. ... The Politics series Politics Portal This box:      Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ... For other uses, see The Great Depression (disambiguation). ... A bill of rights is a list or summary of rights that are considered important and essential by a group of people. ... Contempt of Congress is the act of obstructing the work of the United States Congress or one of its committees. ...


Section 2: House of Representatives

The "Well" of the House of Representatives
The "Well" of the House of Representatives

Image File history File links Download high resolution version (800x626, 126 KB) empty chamber of the US House of Representatives. ... Image File history File links Download high resolution version (800x626, 126 KB) empty chamber of the US House of Representatives. ...

Clause 1: Composition and Election of Members

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

Section Two provides for the election of the House of Representatives every second year. Since Representatives are to be "chosen . . . by the People," State Governors are not allowed to appoint temporary replacements when vacancies occur in a state's delegation to the House of Representatives; instead, the Governor of the state is required by clause 4 to issue a writ of election calling a special election to fill the vacancy. Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ... A writ of election is a writ issued by the government ordering the holding of a special election for a governmental office. ...


The Constitution does not directly guarantee the franchise to anyone;[19] rather, it provides that those qualified to vote in elections for the largest chamber of a state's legislature may vote in congressional elections as well. Amendments to the Constitution, however, have restricted the states' ability to set such qualifications.[20] The Fifteenth Amendment and Nineteenth Amendment bar the use of race or sex as qualifications to vote in both federal and state elections. Furthermore, the Twenty-sixth Amendment provides that states may not set age requirements higher than eighteen years. The Twenty-fourth Amendment bars states from using the payment of a tax as a voter qualification in federal elections. Moreover, since the Supreme Court has recognized voting as a fundamental right,[21] the Equal Protection Clause places very tight limitations (albeit with uncertain limits) on the states' ability to define voter qualifications; it is fair to say that qualifications beyond citizenship, residency, and age are usually questionable.[22] Amendment XV in the National Archives 1870 celebration of the 15th amendment as a guarantee of African American rights 1867 drawing depicting the first vote by African Americans Amendment XV (the Fifteenth Amendment) of the United States Constitution provides that governments in the United States may not prevent a citizen... Amendment XIX in the National Archives The Nineteenth Amendment (Amendment XIX) to the United States Constitution provides that neither any individual state or the federal government may deny a citizen the right to vote because of that citizens sex. ... Amendment XXVI (the Twenty-sixth Amendment) of the United States Constitution was ratified on July 1, 1971. ... Amendment XXIV in the National Archives Amendment XXIV (the Twenty-fourth Amendment) of the United States Constitution prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax. ... A poll tax, head tax, or capitation is a tax of a uniform, fixed amount per individual (as opposed to a percentage of income). ... Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause. ...


Since clause 3 provides that Members of the House of Representatives are apportioned state-by-state and that each state is guaranteed at least one Representative, exact population equality between all districts is not guaranteed and, in fact, is currently impossible, because while the size of the House of Representatives is fixed at 435, several states had less than 1/435th of the national population at the time of the last reapportionment in 2000.[23] However, the Supreme Court has interpreted clause 1's provision that Representatives shall be elected "by the People" to mean that, in those states with more than one member of the House of Representatives, each congressional election district within the state must have nearly identical populations.[24] Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ...


Clause 2: Qualifications of Members

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

The Constitution provides that a representative must be twenty-five years old and an inhabitant of the state in which they are elected, and must have been a Citizen of the United States for the previous seven years. There is no requirement that a representative reside within the district he represents; in practice, this is usually the case, but there have been occasional exceptions,[25] and in any event the states may not add such a requirement.[26] The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a House of Congress exercising its § 5 authority to "judge . . . the . . . qualifications of its own members,"[27] or by a state in its exercise of its § 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives."[28] Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ...


Clause 3: Apportionment of Representatives and Taxes

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

The Constitution does not fix the size of the House of Representatives; instead, this clause empowers Congress to determine the size of the House as part of the apportionment process,[29] so long as the size of the House does not exceed 1 member for every 30,000 of the country's total population[30] and the size of the state's delegation does not exceed 1 for every 30,000 of the state's population[31] (although these limits have not been approached since the Founding[32]). The number is currently fixed at 435.[33] A particular number of Representatives is assigned to each State according to its share of the national population; election districts are not drawn nationally and do not cross state boundaries.[34] Congress additionally has the authority to prescribe what method shall be used to allocate Representatives to each state;[29] currently, Congress has prescribed the use of the Equal Proportions method.[35] The Huntington-Hill method of apportionment assigns seats by finding a modified divisor D such that each constinuencys quotient (population divided by D), when rounded by geometric mean of the lower and upper quota, yields the correct number of seats. ...


The Constitution mandates that a Census be conducted every ten years to determine the populations of the States, and this clause provided for a temporary apportionment of seats until the first Census could be conducted. The population of a state originally included (for congressional apportionment purposes) all "free persons", three-fifths of "other persons" (i.e., slaves) and excluded untaxed Native Americans. This arrangement was a compromise between the slave-holding states like South Carolina and Virginia, which wanted slaves to count as equal to free persons (including both the majority white population and thousands of free blacks living in both Northern and Southern states) in order to increase their voting strength in Congress and non-slave holding states like Massachusetts and New York which did not want slaves to count for congressional apportionment at all. This compromise had the effect of increasing the political power of slave-holding states by increasing their share of seats in the House of Representatives (see Three-fifths compromise), and consequently their share in the Electoral College (where a state's influence over the election of the President is tied to the size of its congressional delegation). Following the Civil War, the Thirteenth and Fourteenth Amendments changed this arrangement by (respectively) abolishing slavery, and superseding the three-fifths clause by requiring that a state's population for apportionment purposes was to be determined by "counting the whole number of Persons" in the state, "excluding Indians not taxed." Since there are at present no such untaxed Native Americans,[36] all persons inhabiting a state—whether citizens or not—count towards the population of that state in determining the state's congressional apportionment. Image:1870 census Lindauer Weber 01. ... Wiktionary has related dictionary definitions, such as: slave Slave may refer to: Slavery, where people are owned by others, and live to serve their owners without pay Slave (BDSM), a form of sexual and consenual submission Slave clock, in technology, a clock or timer that synchrnonizes to a master clock... This article is about the people indigenous to the United States. ... The three-fifths compromise was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States... Electoral votes by state/federal district, for the elections of 2004 and 2008 The United States Electoral College is a term used to describe the 538 President Electors who meet every 4 years to cast the electoral votes for President and Vice President of the United States; their votes represent... Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total... Amendment XIII in the National Archives The Thirteenth Amendment to the United States Constitution officially abolished, and continues to prohibit slavery and, with limited exceptions (those convicted of a crime), prohibits involuntary servitude. ... Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ...


Originally, the amount of direct taxes that could be collected from any State was tied directly to its share of the national population. On the basis of this requirement, application of the income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found unconstitutional because it was not apportioned among the states;[37] that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected, because Congress had not fixed an amount of money to be raised and apportioned it between the States according to their respective shares of the national population. To permit the levying of such an income tax, Congress proposed and the states soon ratified the Sixteenth Amendment, which superseded this requirement by specifically providing that Congress could levy a tax on income "from whatever source derived" without it being apportioned among the States or otherwise based on a State's share of the national population. A tax is an involuntary fee paid by individuals or businesses to a government. ... Tax rates around the world Tax revenue as % of GDP Economic policy Monetary policy Central bank   Money supply Fiscal policy Spending   Deficit   Debt Trade policy Tariff   Trade agreement Finance Financial market Financial market participants Corporate   Personal Public   Banking   Regulation        An income tax is a tax levied on the financial income... Amendment XVI in the National Archives The Sixteenth Amendment (Amendment XVI) of the United States Constitution was ratified on February 3, 1913. ...


Clause 4: Vacancies

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

Section 2, Clause 4, provides that when vacancies occur in the House of Representatives, it is not the job of the House of Representatives to arrange for a replacement, but the job of the State whose vacant seat is up for refilling. Moreover, the State Governor may not appoint a temporary replacement, but must instead arrange for a special election to fill the vacancy. The original qualifications and procedures for holding that election are still valid.


Clause 5: Speaker and Other Officers; Impeachment

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section Two further provides that the House of Representatives may choose its Speaker and its other officers. Though the Constitution does not mandate it, every Speaker has been a member of the House of Representatives.[38] Since the Speaker is (as a matter of practice) always a Member of the House of Representatives, he or she can vote to make a tie (defeating whatever is being voted on) or to break a tie (approving whatever is being voted on). This is as contrasted with the Vice President's service as the President of the Senate, who can only vote to break ties because the Vice President is not a member of the Senate. Much as the Vice President rarely actually presides over the Senate any longer, the Speaker rarely actually presides over House sessions, instead deputizing a junior member to do the task. The Speaker of the United States House of Representatives is the presiding officer—or speaker—of the United States House of Representatives. ...


Finally, Section Two grants to the House of Representatives the sole power of impeachment. Although the Supreme Court has not had occasion to interpret this specific provision, it has suggested that the grant to the House of the "sole" power of impeachment makes the House the exclusive interpreter of what constitutes an impeachable offense.[39] Impeachments are tried in the Senate (as discussed below). The power of the House of Representatives to impeach was modeled upon the like power of the British House of Commons. Depiction of the impeachment trial of Andrew Johnson, then President of the United States, in 1868. ... Type Lower House Speaker Michael Martin, (Non-affiliated) since October 23, 2000 Leader Harriet Harman, (Labour) since June 28, 2007 Shadow Leader Theresa May, (Conservative) since May 5, 2005 Members 659 Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist Party Sinn Féin...


Section 3: Senate

Clause 1: Composition; Election of Senators

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

Section Three provides that each state is entitled to two Senators chosen for a term of six years. The state legislatures originally chose the Senators. This provision has been superseded by the Seventeenth Amendment, which provides for the direct election of Senators by the respective states' voters. In the United States of America, a state legislature is a generic term referring to the legislative body of any of the countrys 50 states. ... Amendment XVII in the National Archives Amendment XVII (the Seventeenth Amendment) of the United States Constitution was passed by the Senate on June 12, 1911 and by the House on May 13, 1912. ...


Generally, Article V requires that a proposal to amend the Constitution garner a two-thirds majority in both Houses of Congress, and then be ratified by three-fourths of the state legislatures. This clause of Article I, § 3, is one of a handful on which Article V places special restrictions to be amended. In this case, Article V provides that "no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." Thus, no individual state may have its representation in the Senate adjusted without its consent unless all other states have an identical change. That is to say, an amendment that changed this clause to provide that all states would get only 1 Senator (or 3 Senators, or any other number) could be ratified through the normal process, but an amendment that provided for some basis of representation other than strict numerical equality (for example, population, wealth, or land area) would require the assent of every state.


Clause 2: Classification of Senators; Vacancies

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

After the first group of Senators was elected for the 1st Congress (1789–91), the Constitution provided that they divide themselves up into 3 groups (or "classes") as nearly equal in size as possible; those Senators grouped in the first class had their term expire after only 2 years and those Senators in the second class had their term expire after only 4 years, instead of 6. After this, all Senators from those States have been elected to 6-year terms, and as new States have joined the Union, their Senate seats have been assigned to one of the 3 classes, maintaining each grouping as nearly equal in size as possible. In this way, approximately ⅓rd of the Senate is up for re-election every 2 years, but the entire body is never up for re-election in the same year (as contrasted with the House, where its entire membership is up for re-election every 2 years).


As originally established, Senators were elected by the Legislature of the State they represented in the Senate. If a senator died, resigned, or was expelled, the legislature of the state would appoint a replacement to serve out the remainder of the senator's term. If the State Legislature was not in session, its Governor could appoint a temporary replacement to serve until the legislature could elect a permanent replacement. This was superseded by the Seventeenth Amendment, which provided for the Popular Election of Senators, instead of their appointment by the State Legislature. In a nod to the less populist nature of the Senate, the Amendment tracks the vacancy procedures for the House of Representatives in requiring that the Governor call a special election to fill the vacancy, but (unlike in the House) it vests in the State Legislature the authority to allow the Governor to appoint a temporary replacement until the special election is held. Note, however, that under the original Constitution, the Governors of the states were expressly allowed by the Constitution to make temporary appointments. The current system, under the Seventeenth Amendment, allows Governors to appoint a replacement only if their state legislature has previously decided to allow the Governor to do so; otherwise, the seat must remain vacant until the special election is held to fill the seat, as in the case of a vacancy in the House. Amendment XVII in the National Archives Amendment XVII (the Seventeenth Amendment) of the United States Constitution was passed by the Senate on June 12, 1911 and by the House on May 13, 1912. ...


Clause 3: Qualifications of Senators

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

A Senator must be at least 30 years of age, must have been a citizen of the United States for at least nine years prior to being elected, and must reside in the State he/she will represent at the time of winning election. The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a House of Congress exercising its § 5 authority to "judge . . . the . . . qualifications of its own members,"[27] or by a state in its exercise of its § 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives."[28] Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ...


Clause 4: Vice President as President of Senate; Voting Power

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

Section Three provides that the Vice President is to serve as President of the Senate, although in practice, neither the Vice President nor the full-time President pro tempore of the Senate preside over the body's sessions; instead, the President pro tempore typically deputizes a junior member of the assembly to fill the role. As a non-member of the assembly, the Vice President has no vote unless the Senate is equally divided, in which case the Vice President has what is called a casting vote. This is as contrasted with the Speaker of the House, who has always been chosen from among the Members of the House of Representatives,[38] and as a Member of the assembly can vote to both make or break a tie. This provision is typically seen as one of the "checks and balances" built into the U.S. Constitution, whereby the 3 branches of the federal government (Congress, President, and the courts) are given the ability to influence the others. In this case, the Vice President's ability to preside over the deliberations of the Senate and (more importantly) break tie votes, presumably in favor of the presidential administration's preferences, allows the Executive Branch to influence the behavior of the Senate (and, consequently, Congress). The Vice President of the United States[1] (sometimes referred to as VPOTUS,[2] Veep, or VP) is the first person in the presidential line of succession, becoming the new President of the United States upon the death, resignation, or removal of the president. ... Robert C. Byrd of West Virginia the current President pro tempore of the United States Senate. ... A casting vote is a vote given to the presiding officer of a council or legislative body in order to resolve a deadlock. ...

Further information: U.S. Vice Presidents' tie-breaking votes

The Vice President of the United States is, ex officio, the President of the United States Senate, and he only votes to break a tie. ...

Clause 5: President Pro Tempore and Other Officers

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States.

The Senate may elect a President pro tempore to act in the Vice President's absence. Although the Constitutional text seems to suggest to the contrary, the Senate's practice has been to elect a full-time President pro tempore at the beginning of each Congress, as opposed to making it a temporary office only existing during the Vice President's absence. As is true of the Speaker of the House,[38] the Constitution does not require that the President pro tempore be a senator, but by convention a senator is always chosen; since World War II, the senior member of the majority party.[40] The President pro tempore, as a member of the Senate, is free to make or break a tie vote like the Speaker of the House, but in the event that the possibility of a tie vote is anticipated the Vice President is routinely on hand to ensure that the Executive Branch's policy preference prevails. Robert C. Byrd of West Virginia the current President pro tempore of the United States Senate. ...


Other Senate officers include the chairs of the various committees, the Secretary, Sergeant at Arms, Chaplain, Parliamentarian, Curator, Historian, and Librarian. The Secretary of the Senate, as an elected officer of the United States Senate, supervises an extensive array of offices and services to expedite the day-to-day operations of that body. ... The Sergeant at Arms and Doorkeeper of the Senate is the law enforcer for the United States Senate. ... // Job description and selection Among his or her duties, the chaplains job is to open each session of the United States Senate with a prayer. ... The Parliamentarian of the United States Senate serves at the pleasure of the Senate Majority Leader, and functions under the direction of the Secretary of the Senate as a non-partisan employee of the Senate. ... The United States Senate Curator is an employee of the United States Senate who is responsible for developing and implementing the museum and preservation programs for the Senate Commission on Art. ... The Historian of the United States Senate and United States Senate Historical Office were created in 1975 to record and preserve historical information about the United States Senate. ... The Senate Library is an administrative office that reports into the Secretary of the United States Senate. ...


Clause 6: Trial of Impeachments

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

The Senate is granted the sole power to try impeachments, just as the House of Lords could try impeachments in Great Britain. The Supreme Court has interpreted the Constitution's provision that the Senate has the "sole" power to try impeachments to mean that the Senate has exclusive and unreviewable authority to determine what constitutes an adequate impeachment trial.[41] The senators must sit on oath or affirmation, unlike the lords who voted upon their honor. The Chief Justice presides whenever the President of the United States is tried, in order to avoid the Vice President exercising his duties as President of the Senate and presiding over the trial of the President of the United States. Although this was probably originally intended to avoid a situation where the Vice President was presiding over a debate that could ultimately result in his promotion to the presidency (were the President convicted and removed from office), it also prevents a possibly more likely contemporary scenario, where a President accused of some offense is being tried by the Senate presided over by a Vice President who may well by sympathetic to the President, reducing the independence of the Senate's consideration of the delicate question of whether to remove a sitting chief executive. Federal courts Supreme Court Circuit Courts of Appeal District Courts Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Local Government Other countries Atlas  US Government Portal      The Chief Justice of the United States is the head of the judicial...


A two-thirds supermajority of those Senators "present" is required to convict, although given the obvious importance of impeachment proceedings, there are generally few absent members. In addition, requiring a two-thirds majority of those members "present" has the net effect of making a present member's decision not to cast a vote either way the same as a vote against conviction.[42] This is as contrasted with typical practice, where a proposition passes, or not, based on whether it receives the appropriate majority of however many votes were cast, irrespective of how many members were present but chose not to vote.[43] However, much as impeachment trials generally have few members absent, the importance of impeachment trials is unlikely to produce many abstentions (i.e., non-votes) by present members.


Clause 7: Judgment in Cases of Impeachment; Punishment on Conviction

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

If any officer is convicted on impeachment, he or she is immediately removed from office and barred from holding any public office in the future. No other punishments may be inflicted pursuant to the impeachment proceeding, but the convicted party remains liable to trial and punishment in the courts for civil and criminal charges.[44]


Section 4: Congressional Elections

Clause 1: Time, Place, and Manner of Holding

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

This clause generally commits to the States the authority to determine the "times, places and manner of holding elections," which includes the preliminary stages of the election process (such as a primary election), while reserving to Congress the authority to preempt State regulations with uniform national rules.[45] Congress has exercised this authority to determine a uniform date for federal elections: the first Tuesday following the first Monday in November.[46] Because Congress has not enacted any on-point regulations, States still retain the authority to regulate the dates on which other aspects of the election process are held (registration, primary elections, etc.) and where elections will be held. As for regulating the "manner" of elections, the Supreme Court has interpreted this to mean "matters like notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns."[47] The Supreme Court has held that States may not exercise their power to determine the "manner" of holding elections to impose term limits on their congressional delegation.[28] For the current (upcoming) federal elections, see United States general elections, 2007. ...


One of the most significant ways that States regulate the "manner" of elections is their power to draw election districts. Although in theory Congress could draw the district map for each State,[48] it has not exercised this level of oversight. Congress has, however, required the States to conform to certain practices when drawing districts. States are currently required to use a single-member district scheme, whereby the State is divided into as many election districts for Representatives in the House of Representatives as the size of its representation in that body (that is to say, Representatives cannot be elected at-large from the whole State unless the State has only one Representative in the House, nor can districts elect more than 1 Representative).[49] Congress once imposed additional requirements that districts be composed of contiguous territory, be "compact," and have equal populations within each State.[50] Congress has allowed those requirements to lapse,[51] but the Supreme Court has re-imposed the population requirement on the States under the Equal Protection Clause[24] and is suspicious of districts that do not meet the other "traditional" districting criteria of compactness and contiguity.[52]


The restriction on Congress' inability to "make or alter" regulations pertaining to the places of choosing Senators is largely an anachronism. When State Legislatures selected Senators, if Congress had been able to prescribe the place for choosing Senators, it could have in effect told each State where its state capital must be located. This would have been offensive to the concept of each State being sovereign over its own internal affairs. Now that Senators are popularly elected, it is largely a moot point. Sovereignty is the exclusive right to have control over an area of governance, people, or oneself. ...


Clause 2: Sessions of Congress

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Clause 2 requires that Congress must assemble at least once each year. This was designed to force Congress to make itself available at least once in a year to provide the legislative action the country needed in the face of the transportation and communication challenges present in the 18th century. In modern practice, Congress is in session virtually year-round.


Originally, the Constitution provided that the annual meeting was to be on the first Monday in December unless otherwise provided by law. The government under the Articles of Confederation had determined, as a transitional measure to the new constitution, that the date for "commencing proceedings" under the U.S. Constitution would be March 4, 1789.[53] Since the first term of the original federal officials began on this date and ended 2, 4, or 6 years later, this became the date on which new federal officials took office in subsequent years. This meant that, every other year, although a new Congress was elected in November, it did not come into office until the following March, with a "lame duck" Congress convening in the interim. As modern communications and travel made it less necessary to wait 4 months from Election Day to the swearing-in of the elected officials, it became increasingly cumbersome to elect officials in November but wait until March for them to take office. Congress eventually proposed that elected officials take office in January, instead of March; since this required cutting short (by a couple of months) the terms of the elected federal officials at the time of the proposal, Congress proposed the Twentieth Amendment, which established the present dates for when federal officials take office. While the Constitution always granted Congress the authority to meet on a different day without the need to pass an amendment, § 2 of the Twentieth Amendment "tidied up" the constitutional text by paralleling the original provision requiring that the Congress meet at least once a year in December, and changing it to January 3rd (unless changed by law). Although the original Constitution allowed Congress to change its annual meeting date by statute, this change eliminated any reference to a requirement in the Constitution that a lame duck Congress meet in the period between the election of a new Congress and its taking office. Congress has not acted to change this date.[54] A lame duck is an elected official who loses political power or is no longer responsive to the electorate as a result of a term limit which keeps him from running for that particular office again, losing an election, or the elimination of the officials office, but who continues... Page 1 of Amendment XX in the National Archives Page 2 of the amendment Amendment XX (the Twentieth Amendment) of the United States Constitution, also called The Lame Duck Amendment, or the Norris Amendment, establishes some details of presidential succession and of the beginning and ending of the terms of...


Section 5: Procedure

Each House has the power to judge the elections and qualifications of its own members. Quorums, Open voting records and adjournment are also provided in Section 5:

Section 5: Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each House may provide.
Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.
Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one fifth of those present, be entered on the journal.
Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

Qualifications of members: Sometimes, unqualified individuals have been admitted to Congress. For instance, the Senate once admitted John Henry Eaton, a twenty-eight-year-old, in 1818 (actually, the admission was inadvertent, as Eaton's birth date was unclear at the time). In 1934, a twenty-nine-year-old, Rush Holt, was elected to the Senate; he agreed to wait six months, until his thirtieth birthday, to take the oath. The Senate ruled in that case that the age requirement applied as of the date of the taking of the oath, not the date of election. John Henry Eaton (June 18, 1790–November 17, 1856) was an American politician from Tennessee. ...


Quorum: Section Five requires that a majority of each House constitutes a quorum to do business; a smaller number may adjourn the House or compel the attendance of absent members. In practice, the quorum requirement is all but ignored. A quorum is assumed to be present unless a quorum call, requested by a member, proves otherwise. Rarely do members ask for quorum calls to demonstrate the absence of a quorum; more often, they use the quorum call as a delaying tactic. Look up quorum in Wiktionary, the free dictionary. ... A call of the house is a motion which can be adopted by a deliberative assembly that has the authority to compel the attendance of its members in the absence of a quorum. ...


Rules: Each House can determine its own Rules (assuming a quorum is present), and may punish any of its members. A two-thirds vote is necessary to expel a member. Each House must keep and publish a Journal, though it may choose to keep any part of the Journal secret. The decisions of the House—not the words spoken during debates—are recorded in the Journal; if one-fifth of those present (assuming a quorum is present) request it, the votes of the members on a particular question must also be entered.


Adjournment: Neither House may adjourn, without the consent of the other, for more than three days. Often, a House will hold pro forma sessions every three days; such sessions are merely held to fulfill the constitutional requirement, and not to actually conduct business. Furthermore, neither House may meet in any place other than that designated for both Houses (the Capitol), without the consent of the other House. The United States Capitol is the capitol building that serves as the seat of government for the United States Congress, the legislative branch of the U.S. federal government. ...


Section 6: Compensation, privilege, restriction on holding civil office

Section 6: The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time: and no person holding any office under the United States, shall be a member of either House during his continuance in office.

Senators and Representatives set their own compensation. Under the Twenty-seventh Amendment, any change in their compensation will not take effect until after the next congressional election. Page 1 of the certification of Amendment XXVII in the National Archives Page 2 of the amendments certification Page 3 of the amendments certification Amendment XXVII (the Twenty-seventh Amendment) is the most recent amendment to be incorporated into the United States Constitution, having been ratified in 1992...


Members of both Houses have certain privileges, based on those enjoyed by the members of the British Parliament. Members attending, going to or returning from either House are privileged from arrest, except for treason, felony or breach of the peace. Also, one may not sue a Senator or Representative for slander occurring during Congressional debate. Parliamentary privilege, also known as absolute privilege, is a legal mechanism employed within the legislative bodies of countries whose constitutions are based on the Westminster system. ... For other uses, see Treason (disambiguation) or Traitor (disambiguation). ... For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ... Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain. ...


Senators and Representatives cannot resign to take newly created or higher-paying political positions; rather, they must wait until the conclusion of the term for which they were elected. If Congress increases the salary of a particular officer, it may later reduce that salary to permit an individual to resign from Congress and take that position. The effects of the clause were discussed in 1937, when Senator Hugo Black was appointed an Associate Justice of the Supreme Court with some time left in his Senate term. Just prior to the appointment, Congress had increased the pension available to Justices retiring at the age of seventy. It was therefore suggested by some that the office's emolument had been increased during Black's Senatorial term, and that therefore Black could not take office as a Justice. The response, however, was that Black was fifty-one years old, and would not receive the increased pension until at least nineteen years later, long after his Senate term had expired. Hugo Black Hugo LaFayette Black (February 27, 1886 – September 25, 1971) was a Justice of the Supreme Court of the United States (1937 - 1971). ... The Justices of the United States Supreme Court, other than the Chief Justice, are termed Associate Justices. ...


Section 7: Bills

Section Seven, sometimes referred to as the Presentment Clause, establishes the method of making Acts of Congress: Presentment clause The Presentment clause (Article I, Section 7) is a clause in the United States Constitution that outlines how a bill may become law. ... An Act of Vaginapenis is a bill or resolution adopted by both houses of the United States Congress to which one of the following events has happened: Acceptance by the President of the United States, Inaction by the President after ten days from reception (excluding Sundays) while the Congress is...

Section 7: All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.
Every bill which shall have passed the House of Representatives and the Senate, before it become a law and be presented to the President of the United States; if he approves, he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.
Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.

A bill may originate in either House of Congress, except that a revenue bill, under the Constitution, may originate in only the House of Representatives. The House has claimed that it alone may originate appropriation bills as well, but the Senate opposes this claim. Whenever the Senate sends an appropriation bill to the House, the House merely returns it to the Senate, thereby settling the question in practice. Either House may amend any bill, including revenue and appropriation bills. An appropriation bill is a legislative motion which authorizes the government to spend money. ...


Before a bill becomes law, it must be presented to the President, who has ten days (excluding Sundays) to act upon it. If the President signs the bill, it becomes law. If he disapproves of the bill, he must return it to the House in which it originated together with his objections. This procedure has become known as the veto, although that particular word does not appear in the text of Article One. The bill does not then become law unless both Houses, by two-thirds votes, override the veto. If the President neither signs nor returns the bill within the ten-day limit, the bill becomes law, unless the Congress has adjourned in the meantime, thereby preventing the President from returning the bill to the House in which it originated. In the latter case, the President, by taking no action on the bill towards the end of a session, exercises a "pocket veto", which Congress may not override. This article or section does not adequately cite its references or sources. ... A pocket veto is a legislative maneuver in American federal lawmaking. ...


What exactly constitutes an adjournment for the purposes of the pocket veto has been unclear. In the Pocket Veto Case (1929), the Supreme Court held that "the determinative question in reference to an 'adjournment' is not whether it is a final adjournment of Congress or an interim adjournment, such as an adjournment of the first session, but whether it is one that 'prevents' the President from returning the bill to the House in which it originated within the time allowed." Since neither House of Congress was in session, the President could not return the bill to one of them, thereby permitting the use of the pocket veto. In Wright v. United States (1938), however, the Court ruled that adjournments of one House only did not constitute an adjournment of Congress required for a pocket veto. In such cases, the Secretary or Clerk of the House in question was ruled competent to receive the bill. Holding The Pocket veto is constitutional Court membership Chief Justice: William Howard Taft Associate Justices: Oliver Wendell Holmes, Jr. ...


In 1996, Congress passed the Line Item Veto Act, which permitted the President, at the time of the signing of the bill, to rescind certain expenditures. The Congress could disapprove the cancellation and reinstate the funds. The President could veto the disapproval, but the Congress, by a two-thirds vote in each House, could override the veto. The Supreme Court found the Line Item Veto Act unconstitutional because it violated the Presentment clause in the case Clinton v. City of New York. First, the procedure delegated legislative powers to the President, thereby violating the nondelegation doctrine. Second, the procedure violated the terms of Section Seven, which state, "if he approve [the bill] he shall sign it, but if not he shall return it." There are only two options available, under the clause, to the President: he is not authorized to amend the bill and then sign it. The Line Item Veto Act of 1996 enacted a line-item veto for the Federal Government of the United States, but its effect was brief due to judicial review. ... Holding The Presidents unilateral striking of portions of legislation passed by Congress pursuant to the Line Item Veto Act was without legal force, because the U.S. Constitution did not authorize the President to enact federal law of which both houses of Congress had not previously approved the text. ...


Every bill, order, resolution, or vote that must be passed by both Houses, except on a question of adjournment, must be presented to the President before becoming law. However, to propose a constitutional amendment, two-thirds of both Houses may submit it to the states for the ratification, without any consideration by the President, as prescribed in Article V. Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ...


The procedure for lawmaking is based on that used in the British Parliament, where the consent of the House of Commons, the House of Lords and the Sovereign was originally required for the enactment of any legislation; there was no way in which the Sovereign's refusal to grant Royal Assent could be overcome. The power to withhold Assent has not been used in Great Britain or the United Kingdom since 1707, but the veto power has been frequently used by American Presidents. George Washington (the first President) used the regular veto; James Madison was the first to use the pocket veto. // The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament. ... George Washington (February 22, 1732 – December 14, 1799)[1] led Americas Continental Army to victory over Britain in the American Revolutionary War (1775–1783), and in 1789 was elected the first President of the United States of America. ... For other persons named James Madison, see James Madison (disambiguation). ...


Some Presidents have made very extensive use of the veto, while others have not used it at all. Grover Cleveland, for instance, vetoed over four hundred bills during his first term in office; Congress overrode only two of those vetoes. Meanwhile, seven Presidents have never used the veto power. There have been 2,560 vetoes, including pocket vetoes.[1] Stephen Grover Cleveland (March 18, 1837–June 24, 1908), was the twenty-second and twenty-fourth President of the United States. ...


Section 8: Powers of Congress

Enumerated powers

Main article: Enumerated powers

Congress's powers are enumerated in Section Eight: The enumerated powers are a list of specific responsibilities found in Article 1 Section 8 of the United States Constitution, which enumerate the authority granted to the United States Congress. ...

Section 8: The Congress shall have power
To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval forces;
To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;—And
To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

Many powers of Congress have been interpreted broadly. Most notably, the Taxing and Spending, Interstate Commerce, and Necessary and Proper Clauses have been deemed to grant expansive powers to Congress. Article I, Section 8, Clause 1 of the United States Constitution, known as the Taxing and Spending Clause states: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States... US Debt from 1940 on. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ... The Dormant Commerce Clause, also known as the Negative Commerce Clause, is a legal doctrine that courts in the United States have implied from the Commerce Clause of the United States Constitution. ... The United States flag The Seal of the United States Article I, section 8, clause 4 of the United States Constitution expressly gives the United States Congress the power (t)o establish a uniform rule of naturalization. ... The United States Constitution (Article 1, Section 8, Clause 4), authorizes Congress to enact uniform Laws on the subject of Bankruptcies throughout the United States. ... Seal of the U.S. Mint Denver United States mint building The United States Mint primarily produces circulating coinage for the United States to conduct its trade and commerce. ... A counterfeit is an imitation that is made with the intent to deceptively represent its content or origins. ... USPS and Usps redirect here. ... Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause empowers the United States Congress: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. ... The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ... This article is about maritime piracy. ... For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ... The terms international waters or trans-boundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems (aquifers), and wetlands [1]. Oceans and seas, waters... International law deals with the relationships between states, or between persons or entities in different states. ... President Franklin D. Roosevelt signs a declaration of war against the Empire of Japan on December 8, 1941, one day after the attack on Pearl Harbor. ... For the Patrick OBrian novel, see The Letter of Marque. ... The United States Army is the largest, and by some standards oldest, established branch of the armed forces of the United States and is one of seven uniformed services. ... An appropriation bill or supply bill is a legislative motion (bill) which authorizes the government to spend money. ... USN redirects here. ... The Uniform Code of Military Justice (UCMJ) is the foundation of military law in the United States. ... The Militia clause refers to the provision in Article I, Section 8, Clause 15, that provide Congress with the power to summon a militia. ... District of Columbia home rule is a term encompassing the controversy regarding the lack of an intrinsic right for citizens of the District of Columbia (i. ... Federal districts are subdivisions of a federal system of government. ... Fortifications (Latin fortis, strong, and facere, to make) are military constructions designed for defensive warfare. ... This article or section does not adequately cite its references or sources. ... This article is about armaments factories. ... Small shipyard in Klaksvík (Faroe Islands), reparing fishing vessels Fish ladder and shipyard in Grave, the Netherlands Construction hall of Schichau Seebeck Shipyard, Bremerhaven Gdynia Shipyard Shipyards and dockyards are places which repair and build ships. ... The necessary and proper clause (also known as the elastic clause, the basket clause, the coefficient clause, and the sweeping clause [1]) refers to a provision, in Article One of the United States Constitution at section eight, clause 18, which addresses implied powers of Congress. ...


Congress may lay and collect taxes for the "common defense" or "general welfare" of the United States. The U.S. Supreme Court has not often defined "general welfare," leaving the political question to Congress. In United States v. Butler (1936), the Court for the first time construed the clause. The dispute centered on a tax collected from processors of agricultural products such as meat; the funds raised by the tax were not paid into the general funds of the treasury, but were rather specially earmarked for farmers. The Court struck down the tax, ruling that the general welfare language in the Taxing and Spending Clause related only to "matters of national, as distinguished from local, welfare". Congress continues to make expansive use of the Taxing and Spending Clause; for instance, the social security program is authorized under the Taxing and Spending Clause. In United States law, a ruling that a matter in controversy is a political question is a statement by a federal court, declining to rule in a case because: 1) the U.S. Constitution has committed decision-making on this subject to another branch of the federal government; 2) there... Holding The Agricultural Adjustment Act is an unconstitutional exercise of power. ... Article I, Section 8, Clause 1 of the United States Constitution, known as the Taxing and Spending Clause states: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States... Social security primarily refers to social welfare service concerned with social protection, or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. ...


Congress is permitted to borrow money on the credit of the United States. In 1871, when deciding Knox v. Lee, the Court ruled that this clause permitted Congress to emit bills and make them legal tender in satisfaction of debts. Whenever Congress borrows money, it is obligated to repay the sum as stipulated in the original agreement. In Perry v. United States (1935), the Court invalidated a law seeking to rescind a clause whereby creditors could demand payment in gold coin.


Commerce Clause

Main article: Commerce Clause

The Supreme Court has seldom restrained the use of the commerce clause for widely varying purposes. The first important commerce clause-related decision was Gibbons v. Ogden, decided by a unanimous Court in 1824. The case involved conflicting federal and state laws: Thomas Gibbons had a federal permit to navigate steamboats in the Hudson River, while the other, Aaron Ogden, had a monopoly to do the same granted by the state of New York. Ogden contended that "commerce" included only buying and selling of goods and not their transportation. Chief Justice John Marshall rejected this notion. Marshall suggested that "commerce" included navigation of goods, and that it "must have been contemplated" by the Framers. Marshall added that Congress's power over commerce "is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution." Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ... Holding Judgment of the New York courts was reversed. ... Thomas J. Gibbons (1904 – 1987), was the Philadelphia Police Department Commissioner appointed by Mayor Joseph S. Clark Jr. ... , The Hudson River, called Muh-he-kun-ne-tuk in Mahican, the Great Mohegan by the Iroquois,[1][2][3] or as the Lenape Native Americans called it in Unami, Muhheakantuck, Θkahnéhtati[4] in Tuscarora), is a river that runs through the eastern portion of New York State and... Aaron Ogden Aaron Ogden (December 3, 1756-April 19, 1839) was a United States Senator and Governor of New Jersey. ... For other persons named John Marshall, see John Marshall (disambiguation). ...

Chief Justice John Marshall established a broad interpretation of the Commerce Clause.
Chief Justice John Marshall established a broad interpretation of the Commerce Clause.

The expansive interpretation of the Commerce Clause was restrained during the late nineteenth and early twentieth centuries, when a laissez-faire attitude dominated the Court. In United States v. E. C. Knight Company (1895), the Supreme Court limited the newly-enacted Sherman Antitrust Act, which had sought to break up the monopolies dominating the nation's economy. The Court ruled that Congress could not regulate the manufacture of goods, even if they were later shipped to other states. Chief Justice Melville Fuller wrote, "commerce succeeds to manufacture, and is not a part of it." John Marshall (Oil painting by William James Hubbard, c. ... John Marshall (Oil painting by William James Hubbard, c. ... Laissez-faire is short for laissez faire, laissez passer, a French phrase meaning to let things alone, let them pass. First used by the eighteenth century Physiocrats as an injunction against government interference with trade, it is now used as a synonym for strict free market economics. ... United States v. ... -1...


The U.S. Supreme Court sometimes ruled New Deal programs unconstitutional on the grounds that they stretched the meaning of the commerce clause. In Schechter Poultry Corp. v. United States, (1935) the Court unanimously struck down industrial codes regulating the slaughter of poultry, declaring that Congress could not regulate commerce relating to the poultry, which had "come to a permanent rest within the State." As Chief Justice Charles Evans Hughes put it, "so far as the poultry here in question is concerned, the flow of interstate commerce has ceased." Judicial rulings against attempted use of Congress's Commerce Clause powers continued during the 1930s. This article is about the policy program of US President Franklin D Roosevelt. ... Holding Section 3 of the National Industrial Recovery Act was an unconstitutional delegation of legislative power to the Executive, and was not a valid exercise of congressional Commerce Clause power. ... Charles Evans Hughes, Sr. ...


It was only in 1937 that the Supreme Court gave up the laissez-faire doctrine as it decided a landmark case, National Labor Relations Board v. Jones & Laughlin Steel Company. The legislation in question, the National Labor Relations Act, prevented employers from engaging in "unfair labor practices" such as firing workers for joining unions. The Court ruled to sustain the Act's provisions. The Court, returning to the theories propounded by John Marshall, ruled that Congress could pass laws regulating actions that even indirectly influenced interstate commerce. Further decisions expanded the Congress's powers under the commerce clause. This dramatic change in the Court's thinking was brought about by President Franklin D. Roosevelt's Court Packing scheme. Holding Congress had the power, under the Commerce Clause, to regulate labor relations. ... This article does not cite any references or sources. ... The National Labor Relations Board, an agency within the United States government, was created in 1935 as part of the National Labor Relations Act. ... A union (labor union in American English; trade union, sometimes trades union, in British English; either labour union or trade union in Canadian English) is a legal entity consisting of employees or workers having a common interest, such as all the assembly workers for one employer, or all the workers... FDR redirects here. ... The Judiciary Reorganization Bill of 1937, frequently called the Court-packing Bill, was a law proposed by United States President Franklin Roosevelt. ...


In the 1990s, the Court acted to restrain Congress's exercise of its power to regulate commerce. In United States v. Lopez, the Court found that Congress could not exercise "Police power" reserved to the States by use of the Commerce Clause. Holding Possession of a gun near a school is not an economic activity that has a substantial effect on interstate commerce. ... Police Power is the constitutional authority of the state to pass and enforce laws to protect and promote the public safety, health, general welfare, and morals of a community. ...


Other powers of Congress

Congress may establish uniform laws relating to naturalization and bankruptcy. It may also coin money, regulate the value of American or foreign currency and punish counterfeiters. Congress may fix the standards of weights and measures. Furthermore, Congress may establish post offices and post roads (the roads, however, need not be exclusively for the conveyance of mail). Congress may promote the progress of science and useful arts by granting copyrights and patents of limited duration. Section eight, clause eight of Article One, known as the Copyright Clause, is the only instance of the word "right" used in the entire constitution document.[55] Though perpetual copyrights and patents are prohibited, the Supreme Court has ruled in Eldred v. Ashcroft (2003) that repeated extensions to the term of copyright do not constitute perpetual copyright; also note that this is the only power granted where the means to accomplish its stated purpose is specifically provided for. Courts inferior to the Supreme Court may be established by Congress. A judge swears in a new citizen. ... Notice of closure stuck on the door of a computer store the day after its parent company, Granville Technology Group Ltd, declared bankruptcy (strictly, put into administration—see text) in the United Kingdom. ... United States copyright law governs the legally enforceable rights of creative and artistic works in the United States. ... The United States patent law is a first-to-invent patent legal framework in contrast to all other national patent laws. ... Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause empowers the United States Congress: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. ... Holding 20-year retroactive extension of existing copyright terms did not violate the Copyright Clause or the First Amendment of the United States Constitution. ...


Congress has several powers related to war and the armed forces. Under the War Powers Clause, only Congress may declare war, but in several cases it has, without declaring war, granted the President the authority to engage in military conflicts. Five wars have been declared in American history: the War of 1812, the Mexican-American War, the Spanish-American War, World War I and World War II. Some historians argue that the legal doctrines and legislation passed during the operations against Pancho Villa constitute a sixth declaration of war. Congress may grant letters of marque and reprisal. Congress may establish and support the armed forces, but no appropriation made for the support of the army may be used for more than two years. This provision was inserted because the Framers feared the establishment of a standing army, beyond civilian control, during peacetime. Congress may regulate or call forth the state militias, but the states retain the authority to appoint officers and train personnel. Congress also has exclusive power to make rules and regulations governing the land and naval forces. Although the executive branch and the Pentagon have asserted an ever-increasing measure of involvement in this process, the U.S. Supreme Court has often reaffirmed Congress' exclusive hold on this power (e.g. Burns v. Wilson, 346 U.S. 137 (1953)). Congress used this power twice soon after World War II with the enactment of two statutes: the Uniform Code of Military Justice to improve the quality and fairness of courts martial and military justice, and the Federal Tort Claims Act which among other rights had allowed military service persons to sue for damages until the U.S. Supreme Court repealed that section of the statute in a divisive series of cases, known collectively as the Feres Doctrine. Sometimes referred to as the War Powers Clause, the United States Constitution, Article One, Section 8, Clause 1, vests in the Congress the exclusive power to declare war. ... This article is about the U.S.–U.K. war. ... Combatants United States Mexico Commanders Zachary Taylor Winfield Scott Stephen W. Kearney Antonio López de Santa Anna Mariano Arista Pedro de Ampudia José Mariá Flores Strength 78,790 soldiers 25,000–40,000 soldiers Casualties KIA: 1733 Total dead: 13,271 Wounded: 4,152 AWOL: 9,200+ 25,000... Belligerents United States Republic of Cuba Philippine Republic Kingdom of Spain Commanders Nelson A. Miles William R. Shafter George Dewey Máximo Gómez Emilio Aguinaldo Patricio Montojo Pascual Cervera Arsenio Linares Manuel Macías y Casado Ramón Blanco y Erenas Casualties and losses 385 KIA USA 5,000... “The Great War ” redirects here. ... Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki Tōjō Casualties Military dead: 17,000,000 Civilian dead: 33,000... For the Filipino boxer, see Francisco Guilledo. ... For the Patrick OBrian novel, see The Letter of Marque. ... In warfare, a reprisal is a limited and deliberate violation of the laws of war to punish an enemy for breaking the laws of war. ... The Uniform Code of Military Justice (UCMJ) is the foundation of military law in the United States. ... The Federal Tort Claims Act, 28 U.S.C. 2680(h) (FTCA), is a statute enacted by the United States Congress in 1946 which permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the U.S. Liability... Holding The Court affirmed the decisions of the courts of appeals which held that the Federal Tort Claims Act (FTCA) did not apply to claims by petitioner servicemen. ...


Congress has the exclusive right to legislate "in all cases whatsoever" for the nation's capital, the District of Columbia. Congress may also exercise such jurisdiction over land purchased from the states for the erection of forts and other buildings. For other uses, see Washington, D.C. (disambiguation). ...


Necessary and Proper clause

Finally, Congress has the power to do whatever is "necessary and proper" to carry out its enumerated powers and, crucially, all others vested in it. Thus, Congress may establish a system whereby those who violate laws are punished though the Constitution explicitly provides for the punishment of only those who violate counterfeiting or maritime laws. The necessary and proper clause, however, has been interpreted extremely broadly, thereby giving Congress wide latitude in legislation. The first landmark case involving the clause was McCulloch v. Maryland (1819), which involved the establishment of a national bank. Alexander Hamilton, in advocating the creation of the bank, argued that there was "a more or less direct" relationship between the bank and "the powers of collecting taxes, borrowing money, regulating trade between the states, and raising and maintaining fleets and navies." Thomas Jefferson countered that Congress's powers "can all be carried into execution without a national bank. A bank therefore is not necessary, and consequently not authorized by this phrase." Chief Justice John Marshall agreed with the former interpretation. Marshall wrote that a Constitution listing all of Congress' powers "would partake of a prolixity of a legal code and could scarcely be embraced by the human mind." Since the Constitution could not possibly enumerate the "minor ingredients" of the powers of Congress, Marshall "deduced" that Congress had the authority to establish a bank from the "great outlines" of the general welfare, commerce and other clauses. Under this interpretation of the necessary and proper clause, Congress has sweepingly broad powers (known as implied powers) not explicitly enumerated in the Constitution. The necessary and proper clause (also known as the elastic clause, the basket clause, the coefficient clause, and the sweeping clause [1]) refers to a provision, in Article One of the United States Constitution at section eight, clause 18, which addresses implied powers of Congress. ... Holding Although the Constitution does not specifically give Congress the power to establish a bank, it does delegate the ability to tax and spend, and a bank is a proper and suitable instrument to assist the operations of the government in the collection and disbursement of the revenue. ... There were two organizations known as the Bank of the United States First Bank of the United States (1791-1811) Second Bank of the United States (1816-1841) Categories: Defunct banks ... Alexander Hamilton (November 20, 1755 or 1757 - July 12, 1804) was the first Secretary of the Treasury of the United States, lawyer, Founding Father, American politician, leading statesman, political economist,] financier, and political theorist. ... Thomas Jefferson (13 April 1743 N.S.–4 July 1826) was the third President of the United States (1801–09), the principal author of the Declaration of Independence (1776), and one of the most influential Founding Fathers for his promotion of the ideals of Republicanism in the United States. ... Implied powers are those powers authorized by a legal document which, while not explicitly stated, are deemed to be implied by powers expressly stated. ...


Section 9: Limits on Congress

The next section of Article One provided limits on Congress's powers:

Section 9: The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.
No bill of attainder or ex post facto Law shall be passed.
No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
No tax or duty shall be laid on articles exported from any state.
No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another: nor shall vessels bound to, or from, one state, be obliged to enter, clear or pay duties in another.
No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.
No title of nobility shall be granted by the United States: and no person holding any office of profit or trust under them, shall, without the consent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.

Although the international slave trade was allowed until 1808, Congress prohibited it on January 1, 1808, the first day it was permitted to do so. Until 1808, however, the Constitution permitted Congress to levy a maximum duty of ten dollars per slave imported into the United States. Year 1808 (MDCCCVIII) was a leap year starting on Friday (link will display the full calendar) of the Gregorian calendar (or a leap year starting on Wednesday of the 12-day slower Julian calendar). ... In law, a writ is a formal written order issued by a body with administrative or judicial jurisdiction. ... For other uses, see Habeas corpus (disambiguation). ... The Suspension Clause is clause two of section nine of Article One of the United States Constitution. ... A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ... A poll tax, head tax, or capitation is a tax of a uniform, fixed amount per individual (as opposed to a percentage of income). ... Tax rates around the world Tax revenue as % of GDP Economic policy Monetary policy Central bank   Money supply Fiscal policy Spending   Deficit   Debt Trade policy Tariff   Trade agreement Finance Financial market Financial market participants Corporate   Personal Public   Banking   Regulation        The term direct tax has more than one meaning: a colloquial... This is a disambiguation page — a navigational aid which lists other pages that might otherwise share the same title. ... is the 1st day of the year in the Gregorian calendar. ... Year 1808 (MDCCCVIII) was a leap year starting on Friday (link will display the full calendar) of the Gregorian calendar (or a leap year starting on Wednesday of the 12-day slower Julian calendar). ...


A writ of habeas corpus is a legal order that commands a law enforcement agency or other body that has a person in custody to have a court inquire into the legality of the detention. The court may order the person released if the reason for detention is deemed insufficient or unjustifiable. The Constitution further provides that the privilege of the writ of habeas corpus may not be suspended except during rebellion or invasion. This clause is known as the Suspension Clause. In Ex parte Milligan (1866), the Supreme Court held that the privilege of the writ could not be suspended while the civilian courts remained operational. The Suspension Clause is clause two of section nine of Article One of the United States Constitution. ... Holding Suspension of habeas corpus is unconstitutional when civilian courts are still operating; the Constitution provided for suspension of habeas corpus only if civilian courts are actually forced closed. ...


A bill of attainder is a law in which a person is immediately convicted without trial. An ex post facto law applies to an act committed before the law was passed, or that was not illegal at the time it occurred.


Section Nine reiterates the provision from Section Two that direct taxes must be apportioned on the basis of state populations. Furthermore, no tax may be imposed on exports from any state. Congress may not, by revenue or commerce legislation, give preference to ports of one state over those of another; neither may it require ships from one state to pay duties in another. All funds belonging to the Treasury may not be withdrawn except in accordance with law. Modern practice is that Congress annually passes a number of appropriation bills authorizing the expenditure of public money. The Constitution requires that a regular statement of such expenditures be published.


Congress may not grant any title of nobility. No civil officer may, without the consent of Congress, accept any emolument, office or title from a foreign ruler or state. However, a U.S. citizen may receive foreign office before or after their period of public service. Nobility is a traditional hereditary status (see hereditary titles) that exists today in many countries (mainly present or former monarchies). ...


Section 10: Limits on the states

The final section of Article One outlines the limits on the powers of the states:

Section 10: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

States may not exercise some powers reserved for the federal government; they may not enter into treaties, alliances or confederations, grant letters of marque or reprisal, coin money or issue bills of credit (such as currency). Furthermore, no state may make anything (such as Federal Reserve Notes) but gold and silver coin a tender in payment of debts. The states may not pass bills of attainder, ex post facto laws, impair the obligation of contracts or grant titles of nobility. The first two pages of the Treaty of Brest-Litovsk, in (left to right) German, Hungarian, Bulgarian, Ottoman Turkish and Russian A treaty is an agreement under international law entered into by actors in international law, namely states and international organizations. ... A military alliance is an agreement between two, or more, countries; related to wartime planning, commitments, or contingencies; such agreements can be both defensive and offensive. ... The monarchs of the member states of the German Confederation meet at Frankfurt in 1863. ... For the Patrick OBrian novel, see The Letter of Marque. ... For other uses, see Money (disambiguation). ... A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. ... This article or section is in need of attention from an expert on the subject. ... The compact clause refers to a provision, in Article One of the United States Constitution at section ten, clause 3, that forbids states from entering into alliances with other states or with foreign governments. ...


The Contract Clause was, in the nineteenth century, the subject of much contentious litigation. It was first interpreted by the Supreme Court in 1810, when Fletcher v. Peck was decided. The case involved the Yazoo land scandal, in which the Georgia legislature authorized the sale of land to speculators at low prices. The bribery involved in the passage of the authorizing legislation was so blatant that a Georgia mob attempted to lynch the corrupt members of the legislature. Following elections, the legislature passed a law that rescinded the contracts granted by the corrupt legislators. The validity of the annulment of the sale was questioned in the Supreme Court. In writing for a unanimous court, Chief Justice John Marshall asked, "What is a contract?" His answer was: "a compact between two or more parties." Marshall argued that the sale of land by the Georgia legislature, though fraught with corruption, was a valid "contract". He added that the state had no right to annul the purchase of the land, since doing so would impair the obligations of contract. This article or section is in need of attention from an expert on the subject. ... Holding The Contracts Clause of the U.S. Constitution prohibited Georgia from voiding contracts for the transfer of land, even though they were secured through illegal bribery. ... The Yazoo Land Scandal, Yazoo Fraud or Yazoo Land Fraud was a massive fraud perpetrated by several Georgia governors and the state legislature from 1795 to 1803 by selling large tracts of land to insiders at ridiculously low prices. ...


The definition of a contract propounded by Chief Justice Marshall was not as simple as it may seem. In 1819, the Court considered whether or not a corporate charter could be construed as a contract. The case of Trustees of Dartmouth College v. Woodward involved Dartmouth College, which had been established under a Royal Charter granted by King George III. The Charter created a board of twelve trustees for the governance of the College. In 1815, however, New Hampshire passed a law increasing the board's membership to twenty-one so that public control could be exercised over the College. Marshall and the Court ruled that New Hampshire could not amend the charter, which was ruled to be a contract since it conferred "vested rights" on the trustees. Trustees of Dartmouth College vs. ... Dartmouth College is a private, coeducational university located in Hanover, New Hampshire, USA. Incorporated as Trustees of Dartmouth College,[6][7] it is a member of the Ivy League and one of the nine colonial colleges founded before the American Revolution. ... George III redirects here. ... For other uses, see New Hampshire (disambiguation). ...


Another dispute determined by the Marshall Court was Sturges v. Crowninshield. The case involved a debt that was contracted in early 1811. Later in that year, the state of New York passed a bankruptcy law, under which the debt was later discharged. The Supreme Court ruled that a retroactively applied state bankruptcy law impaired the obligation to pay the debt, and therefore violated the Constitution. In Ogden v. Saunders (1827), however, the court decided that state bankruptcy laws could apply to debts contracted after the passage of the law. State legislation on the issue of bankruptcy and debtor relief has not been much of an issue since the adoption of a comprehensive federal bankruptcy law in 1898. Holding Court membership Case opinions Sturges v. ... We dont have an article called Ogden v. ...


Still more powers are prohibited of the states. States may not, without the consent of Congress, tax imports or exports except for the fulfillment of state inspection laws (which may be revised by Congress). The net revenue of the tax is paid not to the state, but to the federal Treasury.


Under the Compact Clause, states may not, without the consent of Congress, keep troops or armies during times of peace. They may not enter into alliances nor compacts with foreign states, nor engage in war unless invaded. States may, however, organize and arm a militia. Currently this function is fulfilled, with Federal oversight, by the National Guard. The compact clause refers to a provision, in Article One of the United States Constitution at section ten, clause 3, that forbids states from entering into alliances with other states or with foreign governments. ... The United States National Guard is a reserve forces component of the United States Army (the Army National Guard) and the United States Air Force (the Air National Guard). ...


See also

  • wikibooks:United States Government/The Annotated Constitution of the United States/Article One, Section 1 Annotations

References

  1. ^ See Atkins v. United States, 556 F.2d 1028, 1062 (Ct. Cl. 1977) ("The purpose of the [Vesting C]lause is to locate the central source of legislative authority in Congress, rather than the Executive or the Judiciary."), abrogated on other grounds by INS v. Chadha, 462 U.S. 919 (1983).
  2. ^ See J.W. Hampton, Jr., & Co. v. United States, 276 U.S. 394, 406 (1928) ("Our Federal Constitution . . . divide[s] the governmental power into three branches. The first is the legislative, the second is the executive, and the third is the judicial, and the rule is that in the actual administration of the government Congress . . . should exercise the legislative power, the President . . . the executive power, and the courts or the judiciary the judicial power . . . .").
  3. ^ See United States v. Lopez, 514 U.S. 549, 592 (1995) ("[Certain] comments of Hamilton and others about federal power reflected the well-known truth that the new Government would have only the limited and enumerated powers found in the Constitution. . . . Even before the passage of the Tenth Amendment, it was apparent that Congress would possess only those powers 'herein granted' by the rest of the Constitution.").
  4. ^ Compare id. with Myers v. United States, 272 U.S. 52, 128 (1926) ("The difference between the grant of legislative power under article 1 to Congress which is limited to powers therein enumerated, and the more general grant of the executive power to the President under article 2 is significant. The fact that the executive power is given in general terms strengthened by specific terms where emphasis is appropriate, and limited by direct expressions where limitation is needed, and that no express limit is placed on the power of removal by the executive is a convincing indication that none was intended"), and Kansas v. Colorado, 206 U.S. 46, 82 (1907) ("[I]n article 3, which treats of the judicial department,—and this is important for our present consideration,— . . . § 1 reads that ‘the judicial power of the United States shall be vested in one Supreme Court[ . . . ].’ By this is granted the entire judicial power of the nation. . . . There may be, of course, limitations on that grant of power, but, if there are any, they must be expressed; for otherwise the general grant would vest in the courts all the judicial power which the new nation was capable of exercising.").
  5. ^ See Touby v. United States, 500 U.S. 160, 165 (1991) ("From th[e language of this section of the Constitution] the Court has derived the nondelegation doctrine: that Congress may not constitutionally delegate its legislative power to another branch of Government.").
  6. ^ See J.W. Hampton, Jr., & Co., 276 U.S. at 409 ("If Congress shall lay down by legislative act an intelligible principle to which the person or body authorized to [administer a statutory scheme] is directed to conform, such legislative action is not a forbidden delegation of legislative power.").
  7. ^ Whitman v. Am. Trucking Ass'ns, 531 U.S. 457, 474 (2001) ("In the history of the Court we have found the requisite 'intelligible principle' lacking in only two statutes . . . ." (citing Pan. Ref. Co. v. Ryan, 293 U.S. 388 (1935), and A.L.A. Schechter Poultry Corp. v. United States, 295 U.S. 495 (1935))); Carter v. Carter Coal Co., 298 U.S. 238 (1936) (statute which allowed a majority of coal producers to determine legally-binding labor practices unconstitutional for delegating to private parties the ability to impose legally-binding regulations on competing firms).
  8. ^ See Mistretta v. United States, 488 U.S. 361, 373 n.7 (1989) (nondelegation doctrine takes the form of "giving narrow constructions to statutory delegations that might otherwise be thought to be unconstitutional").
  9. ^ UAW v. Occupational Health & Safety Admin., 938 F.2d 1310, 1317 (D.C. Cir. 1991) ("In effect [the nondelegation doctrine as a principle of statutory interpretation is used by the courts to] require a clear statement by Congress that it intended to test the constitutional waters."); cf. Edward J. DeBartolo Corp. v. Fla. Gulf Coast Bldg. & Constr. Trades Council, 485 U.S. 568, 575 (1988) ("[W]here an otherwise acceptable construction of a statute would raise serious constitutional problems, the Court will construe the statute to avoid such problems unless such construction is plainly contrary to the intent of Congress. . . . This approach not only reflects the prudential concern that constitutional issues not be needlessly confronted, but also recognizes that Congress, like this Court, is bound by and swears an oath to uphold the Constitution. The courts will therefore not lightly assume that Congress intended to infringe constitutionally protected liberties or usurp power constitutionally forbidden it." (citing NLRB v. Catholic Bishop, 440 U.S. 490, 499–501, 504 (1979), and Grenada County Supervisors v. Brogden, 112 U.S. 261 (1884))); United States v. Bass, 404 U.S. 336, 349 (1971) ("[U]nless Congress conveys its purpose clearly, it will not be deemed to have significantly changed the federal-state balance.").
  10. ^ Barenblatt v. United States, 360 U.S. 109, 111 (1959) ("The power of inquiry has been employed by Congress throughout our history, over the whole range of the national interests concerning which Congress might legislate or decide upon due investigation not to legislate; it has similarly been utilized in determining what to appropriate from the national purse, or whether to appropriate."); e.g., 3 ANNALS OF CONGRESS 490–94 (1792) (House committee appointed to investigate the defeat of Gen. St. Clair by Indians empowered to "call for such persons, papers, and records, as may be necessary to assist their inquiries.").
  11. ^ See McGrain v. Daugherty, 273 U.S. 135, 174–75 (1927) ("[T]he power of inquiry-with process to enforce it-is an essential and appropriate auxiliary to the legislative function. It was so regarded and employed in American Legislatures before the Constitution was framed and ratified. . . . A legislative body cannot legislate wisely or effectively in the absence of information respecting the conditions which the legislation is intended to affect or change; and where the legislative body does not itself possess the requisite information-which not infrequently is true-recourse must be had to others who do possess it. Experience has taught that mere requests for such information often are unavailing, and also that information which is volunteered is not always accurate or complete; so some means of compulsion are essential to obtain what is needed. All this was true before and when the Constitution was framed and adopted. In that period the power of inquiry, with enforcing process, was regarded and employed as a necessary and appropriate attribute of the power to legislate-indeed, was treated as inhering in it. Thus there is ample warrant for thinking . . . that the constitutional provisions which commit the legislative function to the two houses are intended to include this attribute to the end that the function may be effectively exercised.").
  12. ^ a b See Watkins v. United States, 354 U.S. 178, 187 (1957) ("The power of the Congress to conduct investigations is inherent in the legislative process. That power is broad. It encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes. It includes surveys of defects in our social, economic or political system for the purpose of enabling the Congress to remedy them. It comprehends probes into departments of the Federal Government to expose corruption, inefficiency or waste."); Barenblatt, 360 U.S. at 111 ("The scope of the power of inquiry . . . is as penetrating and far-reaching as the potential power to enact and appropriate under the Constitution.").
  13. ^ Kilbourn v. Thompson, 103 U.S. 168, 189 (1881).
  14. ^ Watkins, 354 U.S. at 200.
  15. ^ See McGrain, 273 U.S. at 170 ("[N]either house of Congress possesses a ‘general power of making inquiry into the private affairs of the citizen’; . . . the power actually possessed is limited to inquiries relating to matters of which the particular house ‘has jurisdiction’ and in respect of which it rightfully may take other action; [and] if the inquiry relates to ‘a matter wherein relief or redress could be had only by a judicial proceeding’ it is not within the range of this power, but must be left to the courts, conformably to the constitutional separation of governmental powers . . . ." (quoting Kilbourne, 103 U.S. at 193)); see also Sinclair v. United States, 279 U.S. 263, 295 (1929) ("Congress is without authority to compel disclosures for the purpose of aiding the prosecution of pending suits . . . ."), overruled on other grounds by United States v. Gaudin, 515 U.S. 506 (1995).
  16. ^ Barenblatt, 360 U.S. at 132 ("So long as Congress acts in pursuance of its constitutional power, the Judiciary lacks authority to intervene on the basis of the motives which spurred the exercise of that power.").
  17. ^ Id. at 112 ("[T]he Congress, in common with all branches of the Government, must exercise its powers subject to the limitations placed by the Constitution on governmental action, . . . [including] the relevant limitations of the Bill of Rights.").
  18. ^ McGrain, 273 U.S. at 180 (upholding Senate's power to imprison an individual who did not cooperate with a valid investigation); Marshall v. Gordon, 243 U.S. 521, 542 (1917) ("[T]he right to prevent acts which in and of themselves inherently obstruct or prevent the discharge of legislative duty or the refusal to do that which there is inherent legislative power to compel in order that legislative functions may be performed" is why Congress must be allowed to hold individuals in contempt.).
  19. ^ Minor v. Happersett, 88 U.S. (21 Wall.) 162, 178 (1875) ("[T]he Constitution of the United States does not confer the right of suffrage upon any one . . . .").
  20. ^ Lassiter v. Northampton County Bd. of Elections, 360 U.S. 45, 51 (1959) ("The States have long been held to have broad powers to determine the conditions under which the right of suffrage may be exercised, absent of course the discrimination which the Constitution condemns.") (emphasis added, citations omitted).
  21. ^ See Reynolds v. Sims, 377 U.S. 533, 561–62 (1964) ("Undoubtedly, the right of suffrage is a fundamental matter in a free and democratic society."); Yick Wo v. Hopkins, 118 U.S. 356, 370 (1886) ("[Voting] is regarded as a fundamental political right, because preservative of all rights.").
  22. ^ See Kramer v. Union Free Sch. Dist. No. 15, 395 U.S. 621, 626–27 (1969) ("No less rigid an examination [than close scrutiny] is applicable to statutes denying the franchise to citizens who are otherwise qualified by residence and age. Statutes granting the franchise to residents on a selective basis always pose the danger of denying some citizens any effective voice in the governmental affairs which substantially affect their lives.") (emphasis added).
  23. ^ At the time of the last reapportionment in 2000, the United States' population was 281,421,906; 1/435th of that is roughly 647,000. Wyoming, Vermont, North Dakota, and Alaska all had smaller populations.
  24. ^ a b Wesberry v. Sanders, 376 U.S. 1, 7–9, 14 (1964) ("[C]onstrued in its historical context, the command . . . that Representatives be chosen ‘by the People of the several States' means that as nearly as is practicable one man's vote in a congressional election is to be worth as much as another's. . . . The history of the Constitution . . . reveals that those who framed the Constitution meant that . . . it was population which was to be the basis of the House of Representatives. . . . It would defeat the principle solemnly embodied in the Great Compromise-equal representation in the House for equal numbers of people-for us to hold that, within the States, legislatures may draw the lines of congressional districts in such a way as to give some voters a greater voice in choosing a Congressman than others."); e.g., White v. Weiser, 412 U.S. 783 (1973) (striking down Texas districting plan with a population deviation between the largest and smallest district of 4.13% of the population of an "ideal" district); see Kirkpatrick v. Preisler, 394 U.S. 526, 530–31 (1969) (“[T]he State [must] make a good-faith effort to achieve precise mathematical equality. Unless population variances among congressional districts are shown to have resulted despite such effort, the State must justify each variance, no matter how small. . . . We can see no nonarbitrary way to pick a cutoff point at which population variances suddenly become de minimis. . . . Equal representation for equal numbers of people is a principle designed to prevent debasement of voting power and diminution of access to elected representatives. Toleration of even small deviations detracts from these purposes."); see also Karcher v. Daggett, 462 U.S. 725 (1983) (invalidating a New Jersey congressional districting plan where the deviation between the largest and smallest districts was less than the Census' margin of error, when the state could offer no acceptable explanation for the differences); Vieth v. Pennsylvania, 195 F. Supp. 2d 672 (M.D. Pa. 2002) (total deviation of 19 people from largest to smallest district (646,380 to 646,361) struck down since alternatives with smaller deviations were available); Hastert v. State Bd. of Elections, 777 F. Supp. 634 (N.D. Ill. 1991) (court selected districting plan where 18 of 20 districts contained 571,530 people and the other two had 571,531).
  25. ^ E.g., 17 ANNALS OF CONG. 870–902, 904–20, 927–47, 949–50, 1059–61, 1231–33, 1234–38 (1807) (House seated William McCreery despite him not satisfying Maryland law requiring Representatives to reside in their district).
  26. ^ See Exon v. Tiemann, 279 F. Supp. 609, 613 (D. Neb. 1968) ("There being no such requirement in the Constitution itself, a state cannot require that a Representative live in the District from which he was nominated."); State ex rel. Chavez v. Evans, 446 P.2d 445, 448 (N.M. 1968) ("[The New Mexico statute,] by requiring that each candidate for representative in Congress be a resident of and a qualified elector of the district in which he seeks office, adds additional qualifications to becoming a candidate for that office. . . . [W]e must hold the provisions of the Federal Constitution prevail and that this statute unconstitutionally adds additional qualifications."); Hellman v. Collier, 141 A.2d 908, 912 (Md. 1958) (same); cf. U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995) (state may not impose term limits on its congressional delegation).
  27. ^ a b See Powell v. McCormack, 395 U.S. 486, 550 (1969) (invalidating House's decision not to seat a Member accused of misuse of funds) ("[I]n judging the qualifications of its members Congress is limited to the standing qualifications prescribed in the Constitution.").
  28. ^ a b c See U.S. Term Limits, Inc., 514 U.S. at 783 (invalidating provision in the Arkansas Constitution imposing term limits on the State's congressional delegation) ("Allowing individual States to adopt their own qualifications for congressional service[, such as term limitations,] would be inconsistent with the Framers' vision of a uniform National Legislature representing the people of the United States. If the qualifications set forth in the text of the Constitution are to be changed, that text must be amended."); see also Cook v. Gralike, 531 U.S. 510 (2001) (invaliding a Missouri constitutional term providing for labels printed on the election ballot next to the names of candidates who had not pledged to support term limits).
  29. ^ a b Cf. Prigg v. Pennsylvania, 41 U.S. (16 Pet.) 539, 619 (1842) (dictum) ("[Congress] has, on various occasions, exercised powers which were necessary and proper as means to carry into effect rights expressly given, and duties expressly enjoined thereby. The end being required, it has been deemed a just and necessary implication, that the means to accomplish it are given also; or, in other words, that the power flows as a necessary means to accomplish the end. Thus, for example, although the constitution has declared, that representatives shall be apportioned among the states according to their respective federal numbers; and for this purpose, it has expressly authorized congress, by law, to provide for an enumeration of the population every ten years; yet the power to apportion representatives, after this enumeration is made, is nowhere found among the express powers given to congress, but it has always been acted upon, as irresistibly flowing from the duty positively enjoined by the constitution.").
  30. ^ See Whelan v. Cuomo, 415 F. Supp. 251, 256 (E.D.N.Y. 1976) ("The historical record of the Constitutional Convention supports several conclusions[,] . . . [including that] Congress was given considerable flexibility in determining the actual number of representatives so long as the total did not exceed one representative for every 30,000 inhabitants.").
  31. ^ See 3 ANNALS OF CONG. 539 (1792) (President Washington's veto of apportionment legislation that would not have exceeded a national average of 1 for every 30,000 inhabitants, but did exceed that ratio for some states); see also U.S. Dep't of Commerce v. Montana (Montana II), 503 U.S. 442, 449–50 (Congress' response to Washington's veto was enacting legislation providing for 1 representative per 33,000 of the national population, which avoided exceeding 1 per 30,000 in those states).
  32. ^ See Montana II, 503 U.S. at 449, 450 n.18 (average number of inhabitants per representative under early apportionments: 1792 (33,000), 1802 (33,000), 1811 (35,000), 1822 (40,000), 1832 (47,700)).
  33. ^ The United States Code only indirectly provides for a House with 435 members. After each decennial census, the President must submit to Congress a statement "showing the whole number of Persons in each State, excluding Indians not taxed" and, based on this population figure, the number of Representatives the State would have received in the 83rd Congress (1951–53). 2 U.S.C. § 2a(a) (2000). Each State then receives as many representatives in the House as the President's report provides, until the next decennial census. Id. § 2a(b). The size of the House of Representatives in the 83rd Congress was 435. Thus, the United States Code currently does not expressly use the number "435," but instead ties the current size of the House to the "then existing number of Representatives" in the 83rd Congress, which was fixed at 435 by legislation that is now omitted from the United States Code. Compare 2 U.S.C. § 2 (1926) ("[A]fter the third day of March, nineteen hundred and thirteen, the House of Representatives shall be composed of four hundred and thirty-five members.") with 2 U.S.C. § 2 (1934) (section omitted). It has been omitted from every subsequent edition of the United States Code, through the present edition (2000).
  34. ^ See Montana v. U.S. Dep't of Commerce (Montana I), 775 F. Supp. 1358, 1368 (D. Mont. 1991) (O'Scannlain, J., concurring in part and dissenting in part) ("It is . . . the clear implication of this text . . . that House seats may not straddle state lines; seats must be apportioned to a particular state."), rev'd, Montana II, cited with approval in Montana II, 503 U.S. at 448 n.14. For example, the State of Wyoming has 1 representative and a population, at the time of the last reapportionment (2000), of 493,782, while Montana, also with 1 representative, had a population at the time of the last reapportionment of 902,195; this is because districts cannot cross state lines, and the formula Congress has prescribed distributed representatives in other ways (in fact, the Montana litigation was the State of Montana's challenge to the formula Congress has chosen). Districts are only equalized as near as possible as compared to other districts within a particular state. For example, under the most recent apportionment California has 53 districts, and all 53 of them must have the same population, but as long as the size of the House is fixed at any particular number it is impossible to ensure that the 53 California districts will each have the same population as the districts in any other State. See Montana II, 503 U.S. at 463 ("The constitutional guarantee of a minimum of one Representative for each State inexorably compels a significant departure from the ideal. . . . [T]he need to allocate a fixed number of indivisible Representatives among 50 States of varying populations makes it virtually impossible to have the same size district in any pair of States, let alone in all 50. . . . [T]he constraints imposed by Article I, § 2, itself make th[e] goal [of absolute mathematical equality] illusory for the Nation as a whole.").
  35. ^ 2 U.S.C. § 2a(a) (2000).
  36. ^ See 87 CONG. REC. 70 (1941) (citing Superintendent of Five Civilized Tribes v. Comm'r, 295 U.S. 418 (1935)).
  37. ^ Pollock v. Farmers' Loan & Trust Co., 157 U.S. 429 (1895), superseded by U.S. CONST. amend. XVI, as recognized in Brushaber v. Union Pac. R.R., 240 U.S. 1 (1916), and overruled on other grounds by South Carolina v. Baker, 485 U.S. 505 (1988).
  38. ^ a b c Cf. 1 ASHER C. HINDS, HINDS' PRECEDENTS OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES § 187, at 113 (1907) ("The Speaker is always a Member of the House . . . .").
  39. ^ Cf. Nixon v. United States, 506 U.S. 224 (1993) (construing the Senate's "sole power of impeachment" to mean that the Senate's impeachment procedures are left to its discretion and concluding generally that Congress' impeachment powers are outside judicial review).
  40. ^ Senate Historical Office, President Pro Tempore, http://www.senate.gov/artandhistory/history/common/briefing/President_Pro_Tempore.htm.
  41. ^ See id. at 230–31, 233–36 (holding that the Senate's sole power to try impeachments made its judgment conclusive as to what constituted an adequate impeachment trial) ("We think that the word 'sole' is of considerable significance. Indeed, the word 'sole' appears only one other time in the Constitution-with respect to the House of Representatives' "sole Power of Impeachment." The commonsense meaning of the word 'sole' is that the Senate alone shall have authority to determine whether an individual should be acquitted or convicted. The dictionary definition bears this out. . . . The history and contemporary understanding of the impeachment provisions support our reading of the constitutional language. . . . [T]he Judiciary, and the Supreme Court in particular, were not chosen to have any role in impeachments. . . . [J]udicial review would be inconsistent with the Framers' insistence that our system be one of checks and balances. . . . Judicial involvement in impeachment proceedings, even if only for purposes of judicial review, is counterintuitive because it would eviscerate the 'important constitutional check' placed on the Judiciary by the Framers. [It would be an improper reading of the Constitution to] place final reviewing authority with respect to impeachments in the hands of the same body that the impeachment process is meant to regulate. . . . In addition to the textual commitment argument, . . . the lack of finality and the difficulty of fashioning relief counsel against justiciability. . . . [O]pening the door of judicial review to the procedures used by the Senate in trying impeachments would 'expose the political life of the country to months, or perhaps years, of chaos.'") (citations omitted).
  42. ^ FLOYD M. RIDDICK & ALAN S. FRUMIN, RIDDICK'S SENATE PROCEDURE, S. DOC. NO. 101‒28, at 879 (1992) ("The vote required to convict an impeached official is two-thirds of the Senators present, and in effect a vote of 'present' [(i.e., an abstention)] is a vote against conviction.") (citing 132 CONG. REC. 29,872 (1986) (in proceedings against Judge Harry E. Claiborne, vote in favor of conviction of 46–17, with 35 abstentions, insufficient to convict)).
  43. ^ See id. at 912 ("The Senate operates under 'a majority rule' to transact business—a majority of the Senators voting, a quorum being present—with the exceptions set forth in the Constitution and the rules of the Senate. There is no rule providing for consideration of business by a majority vote, but precedents of the Senate have been uniform in that respect.") (emphasis added).
  44. ^ Cf. Ritter v. United States, 84 Ct. Cl. 293, 300 (1936) ("While the Senate in one sense acts as a court on the trial of an impeachment, it is essentially a political body and in its actions is influenced by the views of its members on the public welfare."); STAFF OF H. COMM. ON THE JUDICIARY, 93D CONG., CONSTITUTIONAL GROUNDS FOR PRESIDENTIAL IMPEACHMENT 24 (Comm. Print 1974) ("The purpose of impeachment is not personal punishment; its function is primarily to maintain constitutional government.") (citation omitted), reprinted in 3 LEWIS DESCHLER, DESCHLER'S PRECEDENTS OF THE UNITED STATES HOUSE OF REPRESENTATIVES, H.R. DOC. NO. 94‒661 ch. 14, app. at 2269 (1977).
  45. ^ See Foster v. Love, 522 U.S. 67, 69, 71 n.2 (1997) ("The [Elections] Clause is a default provision; it invests the States with responsibility for the mechanics of congressional elections, but only so far as Congress declines to preempt state legislative choices. Thus it is well settled that the Elections Clause grants Congress 'the power to override state regulations' by establishing uniform rules for federal elections, binding on the States. '[T]he regulations made by Congress are paramount to those made by the State legislature; and if they conflict therewith, the latter, so far as the conflict extends, ceases to be operative.' . . . The Clause gives Congress 'comprehensive' authority to regulate the details of elections, including the power to impose 'the numerous requirements as to procedure and safeguards which experience shows are necessary in order to enforce the fundamental right involved.' Congressional authority extends not only to general elections, but also to any 'primary election which involves a necessary step in the choice of candidates for election as representatives in Congress.') (citations omitted); United States v. Manning, 215 F. Supp. 272, 284 (W.D. La. 1963) ("‘[T]he manner of holding elections' . . . must be read as referring to the entire electoral process, from the first step of registering to the last step, the State's promulgation of honest returns.").
  46. ^ 2 U.S.C. § 7 (2000) (prescribing first Tuesday after first Monday in November as date for electing Representatives); id. § 1 (elections for Senators to be held on same date as elections for Representatives); see also 3 U.S.C. § 1 (2000) (prescribing first Tuesday after first Monday in November as date for electing presidential Electors).
  47. ^ Cook v. Gralike, 531 U.S. 510, 523–24 (2001) (internal quotation marks and citation omitted).
  48. ^ See Vieth v. Jubelirer, 541 U.S. 267, 275 (2004) (plurality opinion) ("Article I, § 4, while leaving in state legislatures the initial power to draw districts for federal elections, permitted Congress to 'make or alter' those districts if it wished.").
  49. ^ 2 U.S.C. § 2c (2000).
  50. ^ See 2 U.S.C. § 3 (1934) ("In each State entitled under this apportionment to more than one Representative, . . . [such Representatives] shall be elected by districts composed of a contiguous and compact territory, and containing as nearly as practicable an equal number of inhabitants.").
  51. ^ See Wood v. Broom, 287 U.S. 1 (1932).
  52. ^ See, e.g., Shaw v. Reno, 509 U.S. 630, 642 (1993) ("[L]egislation that is so extremely irregular on its face that it rationally can be viewed only as an effort to segregate the races for purposes of voting, without regard for traditional districting principles and without sufficiently compelling justification," is subject to strict scrutiny.).
  53. ^ See 34 LIBRARY OF CONG., JOURNALS OF THE CONTINENTAL CONGRESS, 1774–1789, at 523 (Roscoe R. Hill ed., 1937).
  54. ^ See 2 U.S.C. § 7 (2000).
  55. ^ Novak, M. (1996). The fire of invention, the fuel of interest: On intellectual property. Washington D.C.: The American Enterprise Institute Press.
  • Irons, P. (1999). A People's History of the Supreme Court. New York: Penguin.

INS v. ... Holding Possession of a gun near a school is not an economic activity that has a substantial effect on interstate commerce. ... Myers v. ... Kansas v. ... In the case Panama Refining Co. ... Holding Section 3 of the National Industrial Recovery Act was an unconstitutional delegation of legislative power to the Executive. ... Issue: Was the Sentencing Reform Act of 1984 [abolishing indeterminate criminal sentencing and established US Sentencing Commission, within the judicial branch, and empowered seven voting members to promulgate binding sentencing guidelines for federal judges] constitutional delegation of powers of criminal sentencing to an independent Sentencing Commission? Facts: John Mistretta, allegedly... Holding Watkins was convicted unconstitutionally, as he was not allowed fair process to determine whether he could not answer questions posed as a witness, by a committee. ... Reynolds v. ... Wesberry v. ... Holding States cannot impose qualifications for prospective members of Congress stricter than those in the Constitution Court membership Chief Justice: William Rehnquist Associate Justices: John Paul Stevens, Sandra Day OConnor, Antonin Scalia, Anthony Kennedy, David Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen Breyer Case opinions Majority by: Stevens Joined... It has been suggested that Powell v mccormack be merged into this article or section. ... Prigg v. ... Holding --- Court membership Case opinions Laws applied --- Pollock v. ... Amendment XVI in the National Archives The Sixteenth Amendment (Amendment XVI) of the United States Constitution was ratified on February 3, 1913. ... Holding --- Court membership Case opinions Laws applied U.S. Const. ... Shaw v. ...

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Image File history File links Article_One_of_the_United_States_Constitution_Part_1. ... Image File history File links Sound-icon. ... Year 2007 (MMVII) was a common year starting on Monday of the Gregorian calendar in the 21st century. ... is the 31st day of the year in the Gregorian calendar. ... Wikisource has original text related to this article: The United States Constitution The United States Constitution is the supreme law of the United States of America. ... The United States Constitution was written in 1787, adopted in 1788, and took effect in 1789, replacing the Articles of Confederation. ... The Articles of Confederation and Perpetual Union, commonly known as the Articles of Confederation, was the first governing document, or constitution, of the United States of America. ... The Mount Vernon Conference was a meeting of delegates from Virginia and Maryland at George Washingtons home at Mount Vernon, Virginia in March 1785. ... The Annapolis Convention was a meeting at Annapolis, Maryland of 12 delegates from five states (New Jersey, New York, Pennsylvania, Delaware, and Virginia) that called for a constitutional convention. ... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... The Virginia Plan (also known as the Randolph Plan, after its sponsor, or Large-State Plan) was a proposal by Virginia delegates, drafted by James Madison while he waited for a quorum to assemble at the Philadelphia Convention of 1787. ... The New Jersey Plan was a proposal for the structure of the United States Government proposed by William Paterson on June 15, 1787. ... The Connecticut Compromise, also known as the Great Compromise, was an essential agreement between large and small states reached during the Philadelphia Convention of 1787 that in part defined the legislative structure and representation that each state would have under the United States Constitution. ... The three-fifths compromise was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States... Scene at the Signing of the Constitution of the United States, by Howard Chandler Christy. ... An advertisement for The Federalist The Federalist Papers are a series of 85 articles arguing for the ratification of the United States Constitution. ... This is a listing of the Federalist Papers. ... This article is being considered for deletion in accordance with Wikipedias deletion policy. ... Wikisource has original text related to this article: Preamble to the United States Constitution The Preamble to the United States Constitution is a brief introductory statement of the fundamental purposes and guiding principles which the Constitution itself was meant to serve. ... Wikisource has original text related to this article: Article Two of the United States Constitution Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Wikisource has original text related to this article: Article Three of the United States Constitution Article Three of the United States Constitution establishes the judicial branch of the federal government. ... Article Four of the United States Constitution relates to the states. ... Article Five of the United States Constitution describes the process whereby the Constitution may be altered. ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... Article Seven of the United States Constitution describes the process by which the entire document is to be ratified and take effect. ... The United States Bill of Rights consists of the first 10 amendments to the United States Constitution. ... The first ten amendments to the United States Constitution are known as the Bill of Rights. ... This is an incomplete list of proposed amendments to the United States Constitution, in reverse chronological order. ... The United States Constitution has been amended on 18 occasions—with a total of 27 individual successful amendments—since the Constitution was completed in 1787. ... The history of the Convention as a means of altering the fundamental law of a nation is documented in Prelude to the Grand Convention, the first chapter of a well researched book published in 1988 by Oxford University Press. ... Besides the more common method, Article V establishes the possibility of conventions within the individual states to ratify an amendment to the United States Constitution. ... Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause, empowers the President of the United States to appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, while granting the United States Congress... The Appropriations Clause[1] or Statement and Account Clause refers to a provision of Article I, Section 9, Clause 7, that provides Congress with the power to control the spending of the federal government and requires that records of expenditures be made. ... The case or controversy clause of Article III of the United States Constitution has been deemed to impose a requirement that United States federal courts are not permitted to hear cases that do not pose an actual controversy - that is, an actual dispute between adverse parties which is capable of... The citizenship clause (also known as the naturalization clause[1]) refers to a provision, in the Fourteenth Amendment to the United States Constitution at section one, clause 1. ... Article I, Section 8, Clause 3 of the United States Constitution, known as the Commerce Clause, states that Congress has the exclusive authority to manage trade activities between the states and with foreign nations and Indian tribes. ... The compact clause refers to a provision, in Article One of the United States Constitution at section ten, clause 3, that forbids states from entering into alliances with other states or with foreign governments. ... The Confrontation Clause of Sixth Amendment to the United States Constitution provides in relevant part: In all criminal prosecutions, the accused shall enjoy the right to . ... This article or section is in need of attention from an expert on the subject. ... Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause empowers the United States Congress: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty... The Emolument clause refers to a provision in Article One of the United States Constitution at section nine, clause 8, that forbids the United States from granting titles of Nobility and restricts members of the government from receiving gifts from foreign states without the consent of Congress. ... Congressman John Bingham of Ohio was the principal framer of the Equal Protection Clause. ... The Establishment Clause of the First Amendment to the United States Constitution states that: Congress shall make no law respecting an establishment of religion Together with the Free Exercise Clause, (or prohibiting the free exercise thereof), these two clauses make up what are commonly known as the religion clauses. ... Article III Section 2 Clause 2 of the United States Constitution. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ... The Extradition clause or Interstate renditon clause[1] refers to a provision in Article Four of the United States Constitution at section two, clause 2, provides for the extradition of a criminal back to the state where he or she has committed a crime. ... The Free Exercise Clause of the First Amendment to the United States Constitution, taken with the Establishment Clause of the First Amendment make up the Religion Clauses. ... The Fugitive slave clause refers to a provision in Article IV, Section 2, Clause 3, that requires that slaves that escaped to another state be returned back to the owner in the state from which they escaped. ... Article IV, Section 1 of the United States Constitution, commonly known as the Full Faith and Credit Clause, addresses the duties states have to respect and enforce the judicial rulings of other states. ... Article I, Section 8, Clause 1 of the United States Constitution, known as the Taxing and Spending Clause states: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States... The Guarantee clause refers to a provision in Article IV, Section 4, Clause 1, requires the United States to provide a republican form of government for every state. ... The impeachment trial of President Bill Clinton in 1999, Chief Justice William H. Rehnquist presiding. ... The Militia clause refers to the provision in Article I, Section 8, Clause 15, that provide Congress with the power to summon a militia. ... A natural-born citizen is a special term mentioned in the United States Constitution as a requirement for eligibility to serve as President or Vice President of the United States. ... The necessary and proper clause (also known as the elastic clause, the basket clause, the coefficient clause, and the sweeping clause [1]) refers to a provision, in Article One of the United States Constitution at section eight, clause 18, which addresses implied powers of Congress. ... The no religious test clause of the United States Constitution is cited by advocates of separation of church and state as an example of original intent of the Framers of the Constitution of avoiding any entanglement between church and state, or involving the government in any way as a determiner... The Origination clause refers to a provision in Article One of the United States Constitution at section seven, clause 1, that mandates all revenue raising bills originate from the House of Representatives. ... Presentment clause The Presentment clause (Article I, Section 7) is a clause in the United States Constitution that outlines how a bill may become law. ... The Privileges and Immunities Clause (U.S. Constitution, Article IV, Section 2, Clause 1, also known as the Comity Clause) prevents states from treating citizens of other states in a discriminatory manner, with regard to basic civil rights. ... This provision of the Fourteenth Amendment to the United States Constitution is unique among constitutional provisions in that some scholars believe it was all but read out of the Constitution in a 5-4 decision of the Supreme Court (see Slaughterhouse Cases of 1873). ... The Speech or Debate Clause (found in Article I, Section 6, Clause 1) is a clause in the United States Constitution which states that members of both Houses of Congress Its intended purpose is to prevent a President or other officials of the Executive branch from having members arrested on... Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause: The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as the supreme law of the land. ... The Suspension Clause is clause two of section nine of Article One of the United States Constitution. ... Eminent domain (U.S.), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Australia) or expropriation (Canada, South Africa) in common law legal systems is the inherent power of the state to expropriate private property, or rights in private property, without the owners consent, either for its own use or... Article I, Section 8, Clause 1 of the United States Constitution, known as the Taxing and Spending Clause states: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States... The Territorial Clause refers to Article IV, Section 3, paragraph 2 of United States Constitution: The interpretation of this clause gives the United States Congress the final power over every territory of the United States. ... It has been suggested that this article or section be merged with Jury. ... The three-fifths compromise was a compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States... The Vesting clauses refer to a provisions in Article I, Section 1; Article II, Section 1, Clause 1; and Article III, Section 1 of the United States Constitution; which vest the legislative, executive, and judicial powers in the Congress, president, and Supreme Court, respectively. ... Sometimes referred to as the War Powers Clause, the United States Constitution, Article One, Section 8, Clause 1, vests in the Congress the exclusive power to declare war. ... Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government in the United States. ... In the United States and many commonwelth nations, concurrent powers are powers held by both the states and the federal government and may be exercised simultaneously within the same territory and in relation to the same body of citizens. ... A number of amendments to the United States Constitution include a Congressional power of enforcement. ... For other uses, see Double jeopardy (disambiguation). ... The Dormant Commerce Clause, also known as the Negative Commerce Clause, is a legal doctrine that courts in the United States have implied from the Commerce Clause of the United States Constitution. ... The enumerated powers are a list of specific responsibilities found in Article 1 Section 8 of the United States Constitution, which enumerate the authority granted to the United States Congress. ... This article does not cite any references or sources. ... Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. ... This article needs to be cleaned up to conform to a higher standard of quality. ... Wikisource has original text related to this article: Preamble to the United States Constitution The Preamble to the United States Constitution is a brief introductory statement of the fundamental purposes and guiding principles which the Constitution itself was meant to serve. ... This article is about the power of federal law in the United States. ... The separation of church and state is a legal and political principle derived from the First Amendment to the United States Constitution, which reads, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . ... theSeparation of powers is a political doctrine under which the legislative, executive and judicial branches of government are kept distinct, to prevent abuse of power. ...


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The Constitution of the United States of America (4025 words)
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.
The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several states within seven years from the date of its submission to the states by the Congress.
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