American American Government & Government &

PoliticsPoliticsPOL 105POL 105Erik RankinErik Rankin

Lecture 4 –Pgs. 18-35Lecture 4 –Pgs. 18-35

Preamble – Article IPreamble – Article I

PreamblePreamble We the people…(all you really need to We the people…(all you really need to

know!)know!) Who really consented?Who really consented?

States Rights or Compact ViewStates Rights or Compact View Did you consent?Did you consent? What’s the purpose?What’s the purpose?

Nature, extent, application of powerNature, extent, application of power Does it create power?Does it create power? Was this document written just to further Was this document written just to further

the framers position in society?the framers position in society?

Article IArticle I Intro-Intro-

Deals with Congress (Legislative Branch)Deals with Congress (Legislative Branch) Law making function is solely their Law making function is solely their

responsibilityresponsibility Discussion of two housesDiscussion of two houses

CompositionComposition Requirements for electionRequirements for election DutiesDuties Forbidden activitiesForbidden activities

What was the framers intent with Congress?What was the framers intent with Congress? Where does the power struggle come Where does the power struggle come

between the President and Congress?between the President and Congress?

Article IArticle I Art. I Sec. IArt. I Sec. I

Creation of a bi-cameral legislatureCreation of a bi-cameral legislature Connecticut Compromise (VA, NJ Plans)Connecticut Compromise (VA, NJ Plans)

Art. I Sec II (House Qualifications - 435)Art. I Sec II (House Qualifications - 435) House members elected every 2 years, why?House members elected every 2 years, why? State determines qualifications but federal rules State determines qualifications but federal rules

also applyalso apply Must be 25 years old and citizen of US for 7 Must be 25 years old and citizen of US for 7

years and an inhabitant of that state. Hummm?years and an inhabitant of that state. Hummm? Section 3 had first part eliminated, the rest of Section 3 had first part eliminated, the rest of

section deals with original set up and later section deals with original set up and later quota of 435 determined by censusquota of 435 determined by census

Article IArticle I

Art. I Sec II cont…Art. I Sec II cont… Section 4 allows the governor to call a Section 4 allows the governor to call a

special election in the event of death or special election in the event of death or resignationresignation

Section 5 the Speaker is chosen by the Section 5 the Speaker is chosen by the controlling party to preside over the bodycontrolling party to preside over the body

Article IArticle I Art. I Sec. IIIArt. I Sec. III

Section 1 – 2 senators for each state elected every 6 years Section 1 – 2 senators for each state elected every 6 years (who elected Senators at first?- how did it change?)(who elected Senators at first?- how did it change?)

Section 2 – Groupings of Senators based on election timingSection 2 – Groupings of Senators based on election timing Vacancies changed to fit 17Vacancies changed to fit 17thth amendment, how are they amendment, how are they

changed?changed? Section 3- Must be 30 year old and US Citizen for 9 years Section 3- Must be 30 year old and US Citizen for 9 years

and be an inhabitant of state (IL experience with this?)and be an inhabitant of state (IL experience with this?) Section 4- VP is tie breaker in senateSection 4- VP is tie breaker in senate Section 5- President Pro Tem is the senator with the longest Section 5- President Pro Tem is the senator with the longest

serviceservice Section 6- House draws up impeachment, Senate acts as jurySection 6- House draws up impeachment, Senate acts as jury Section 7- Only fine of impeachment is removal from office Section 7- Only fine of impeachment is removal from office

(only 7 officials have been impeached, all federal judges) (only 7 officials have been impeached, all federal judges) three presidents have been brought up, name them.three presidents have been brought up, name them.

Article IArticle I Art. I Sec. IVArt. I Sec. IV

Clause 1- Rule has first Tuesday after the first Clause 1- Rule has first Tuesday after the first Monday for elections (set in 1872)Monday for elections (set in 1872) Amendments 14, 15, and 17 have additional Amendments 14, 15, and 17 have additional

requirements we will discuss laterrequirements we will discuss later Clause 2- superseded by 20Clause 2- superseded by 20thth amendment amendment

Art. I Sec. VArt. I Sec. V Clause 1- Each house may refuse to seat a Clause 1- Each house may refuse to seat a

membermember Changed with Powell v. McCormackChanged with Powell v. McCormack

Clause 2- Members choose day to day activity of Clause 2- Members choose day to day activity of the floorthe floor Cannot be impeached but may be removed by 2/3rds of Cannot be impeached but may be removed by 2/3rds of

the specific housethe specific house

Article IArticle I

Art. I Sec. V cont…Art. I Sec. V cont… Clause 3- Each house must keep and publish Clause 3- Each house must keep and publish

proceedings of votes on issues unless proceedings of votes on issues unless secrecy is requiredsecrecy is required 1/5 must call to publish1/5 must call to publish

Clause 4- Neither house can adjourn for Clause 4- Neither house can adjourn for more than 3 days and both houses must sit in more than 3 days and both houses must sit in same placesame place

Article IArticle I

Art. I Sec. VIArt. I Sec. VI Clause 1 – Members of Congress are Clause 1 – Members of Congress are

exempt from arrest in order to protect exempt from arrest in order to protect their independence in the legislaturetheir independence in the legislature Except for civil suits (money) and feloniesExcept for civil suits (money) and felonies May not be sued for slanderMay not be sued for slander

Clause 2- No member of Congress can Clause 2- No member of Congress can hold any other office during their termhold any other office during their term They must first resign before taking any other They must first resign before taking any other

postpost

Article IArticle I Art. I Sec. VIIArt. I Sec. VII

Clause 1- Tax bills always originate in the Clause 1- Tax bills always originate in the House, why?House, why?

Clause 2- How a bill becomes a lawClause 2- How a bill becomes a law Bill passed in House and Senate sent to President forBill passed in House and Senate sent to President for

Signature, Veto, Pocket VetoSignature, Veto, Pocket Veto If vetoed it may be overridden by 2/3rds vote of both If vetoed it may be overridden by 2/3rds vote of both

houseshouses We will cover this more in depth in the Congress We will cover this more in depth in the Congress

chapterchapter Clause 3- Congress can push its opinion on Clause 3- Congress can push its opinion on

things that are not proper for legislation. Such things that are not proper for legislation. Such as the Gulf of Tonkin Resolution approving as the Gulf of Tonkin Resolution approving Johnson’s conduct with VietnamJohnson’s conduct with Vietnam

Article IArticle I Art. I Sec. VIIIArt. I Sec. VIII

Specific powers of Congress, no power in Specific powers of Congress, no power in foreign relations (some are implied)foreign relations (some are implied) Congress may collect taxes, borrow money, regulate Congress may collect taxes, borrow money, regulate

commerce (interstate), determine naturalization, commerce (interstate), determine naturalization, coin money, punish counterfeiters, create post coin money, punish counterfeiters, create post offices and infrastructure, issue patents, create offices and infrastructure, issue patents, create courts inferior to the Supreme Court (Art. III), courts inferior to the Supreme Court (Art. III), determines crime on the seas against the US, to determines crime on the seas against the US, to declare war, to raise armies, to provide a navy, to declare war, to raise armies, to provide a navy, to make rules for military, to maintain a militia make rules for military, to maintain a militia (national guard) and call when needed, may control (national guard) and call when needed, may control militia when needed, jurisdiction over all federal militia when needed, jurisdiction over all federal property (military bases), make all laws that are property (military bases), make all laws that are “necessary and proper” by the Constitution“necessary and proper” by the Constitution

Article IArticle I Art. I Sec. IXArt. I Sec. IX

Clause 1- slave trade, obsolete Clause 1- slave trade, obsolete Clause 2- Writ of Habeas Corpus, “you have the Clause 2- Writ of Habeas Corpus, “you have the

body” shall not be suspended, unless?body” shall not be suspended, unless? Clause 3- No Bill of Attainders or ex post facto Clause 3- No Bill of Attainders or ex post facto

lawslaws Clause 4- no longer used, refer to 16Clause 4- no longer used, refer to 16thth

amendmentamendment Clause 5- No duties paid on exportsClause 5- No duties paid on exports Clause 6- Import duties are the same at all portsClause 6- Import duties are the same at all ports Clause 7- No money can be paid out with out Clause 7- No money can be paid out with out

Congressional approval, HUGE power!Congressional approval, HUGE power! Clause 8- No titles of nobilityClause 8- No titles of nobility

Article IArticle I Art. I Sec. XArt. I Sec. X

Clause 1- No state may enter into Clause 1- No state may enter into agreements with foreign nationsagreements with foreign nations

Clause 2- No state may charge export duties Clause 2- No state may charge export duties or import duties, but inspections are allowedor import duties, but inspections are allowed

Clause 3- No tonnage fees, no state led Clause 3- No tonnage fees, no state led armies that are exempt form federal armies that are exempt form federal regulation, joint approval between states regulation, joint approval between states requires congressional approvalrequires congressional approval