YOUR CONSTITUTION

Article 1 – The Legislative Branch

Section 1 – Congress

• Congress is made up of the Senate and House of Representatives.

Section 2 – The House of Representatives

• Elected every two years.• Qualifications:

– Must be 25 years old– Must be a citizen for at least 7 years– Must live in the state they represent

• Number is based on population.– Population is counted every 10 years (census).– Each state gets at least one representative.– In 1929, Congress limited the total number of representatives to

435.• If a representative dies, resigns, or is fired, there must be

an election to fill the vacancy.• The House is lead by the Speaker of the House.• The House has the power to impeach (accuse a

government official of wrongdoing.

Section 3 – The Senate• Each state has 2 Senators.

– There are 100 Senators total.• Senators serve 6 year terms.

– Elections for Senators are staggered.– 1/3 of the Senators come up for election every two years.

• Qualifications:– Must be 30 years old.– Must be a citizen for at least 9 years.– Must live in the state they represent.

• The Vice-President of the U.S. is the leader of the Senate.– He may vote only if there is a tie.

• The Senate elects a president pro tempore to lead if the Vice-President is absent.

• All impeachment trials are held in the Senate.– If the President is impeached, the Chief-Justice of the Supreme Court presides

over the trial.– A 2/3 vote is required for conviction.– When someone is convicted on impeachment charges, they are removed from

office.

Section 4 – Elections & Meetings

• The states control the election of members to Congress

• Congress must meet at least once a year.• Meetings begin on January 3

Section 5 – Rules of Business

• A quorum (majority) is required for the House and Senate to vote on bills or conduct business.

• Each house sets its own rules.• Each house must keep an official record.

– This is called the “Congressional Record”– It is published for the public to read.

• Once Congress has started, they may not recess for more than three consecutive days without approval.

Section 6 – Privileges & Restrictions

• Members of Congress are paid from the U.S. Treasury.– Salaries are set by law ($150,000).

• Members of Congress cannot be sued for anything they say while working in Congress.

• Members of Congress cannot hold another job while working for Congress.

• Members of Congress cannot later accept a federal job created while they were working for Congress.

Section 7 – Passing Laws

Section 8 – Powers Given to Congress

• To tax and pay debts• To borrow money• To regulate trade• To set laws for citizenship and bankruptcies• To make money and regulate its value and to set a national system of

weights and measures• To make laws to punish counterfeiters• To create a postal service• To pass laws to grant copyrights and patents• To create other courts less powerful than the Supreme Court• To punish crimes at sea• To declare war• To create and support an army and navy and make rules for the military• To command and regulate the national guard• To establish the capital city and oversee federally owned lands

Section 8 – The Elastic Clause

• Power #18 is called the Elastic Clause (or Necessary and Proper Clause).

• It gives Congress the power to do whatever it takes to carry out its duties.

• Congress is not limited by the 17 enumerated powers – it can expand its powers as needed

Section 9 – Powers Denied to Congress

• Congress may NOT– Suspend the writ of habeas corpus (prisoners must be

held lawfully)– Pass bills of attainder (declaring someone guilty

without a trial) or ex post facto laws (laws that make people guilty after the fact)

– Tax exports– Favor one state over another– Spend money without accounting for it (the budget)– Award titles of nobility

Section 10 – Powers Denied to the States

• States may NOT:– Make treaties with foreign countries– Make their own money– Tax imports and exports– Declare war (unless the state is in immediate

danger)