| Article One Of The United States Constitution |
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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. 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. Furthermore, the Constitution precludes Congress from depriving a state of equal representation in the Senate without the state's consent. : THE CONGRESS :''Section 1: 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 the Congress. While many states allow for popular referendums, this clause allows only Congress and not the people directly to make federal statutes. Other vesting clauses are found in Articles 2 and 3 as well, and differ in respect to the branch of government concerned. The Constitution thereby establishes the principle of Separation Of Powers , whereby no branch may exercise powers that properly belong to another (for instance, the executive and judiciary may not enact laws). The principle that Congress cannot delegate legislative authority to other branches of government (e.g. to the Executive) is known as the Nondelegation Doctrine . 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." : THE HOUSE OF REPRESENTATIVES Section Two establishes the House of Representatives: The House is often referred to as the "lower house" of Congress—the phrase reflects similar terminology employed when referring to the two Houses of the British Parliament , the "upper" House Of Lords and the "lower" House Of Commons —but the powers of the House of Representatives are roughly equivalent to that of the Senate. The House of Representatives has the sole power to originate revenue bills, while the Senate has powers relating to the approval of treaties and nominations made by the President. Section 2, Clause 1: Term and Electors :''Section 2: 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 by the people. Whenever vacancies occur, the Governor of the state is required by to issue Writs Of Election calling a special election. The Constitution does not spell out qualifications for voters; rather, it provides that those qualified to vote in elections for the larger 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 restrictions. The Fifteenth Amendment , the Nineteenth Amendment and the Twenty-fourth Amendment bar the use of race, sex, or payment of a tax 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. Section 2, Clause 2: Qualifications 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. Section 2, Clause 3: Apportionment 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 choose 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 number of Representatives for each state depends on its population, but each state is entitled to at least one Representative. The population of a state originally included all "free persons", three-fifths of "other persons" ( Slave s) and excluded untaxed Native Americans . While the humanity of slaves was certainly compromised by this arrangement, its intention, and actual effect, was to increase the political power of slave-holding states by increasing their share of seats in the House of Representatives (see Three-fifths Compromise ), and subsequently, their share in the Electoral College . The Fourteenth Amendment changed this provision by removing the three-fifths clause, slavery having been abolished by the Thirteenth Amendment following the Civil War . There are at present no untaxed Native Americans, so all persons inhabiting a state—whether voters or not—count towards the population of that state. The Constitution mandated that a Census be conducted every ten years to determine the populations of the states (the Constitution provided for the temporary apportionment of seats until a Census could be conducted). Under Section Two, the amount of Direct Taxes that may be collected from any state was tied directly to its share of representatives. On the basis of this requirement, the Income Tax was found unconstitutional in 1895, as it was not apportioned among the states. Writing for the Supreme Court, Chief Justice Melville Fuller dismissed precedent to the contrary as "a century of error". To permit the levying of an income tax, the Congress proposed and the states soon ratified the Sixteenth Amendment , which removed the requirement that income taxes be apportioned among the states. Section 2, 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. The original qualifications and procedures for holding that election are still valid, which means that each State will have a potentially unique method of choosing a replacement representative. Section 2, Clause 5: Speaker, other officers, and impeachment The House of Representatives shall choose 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. Finally, Section Two grants to the House of Representatives the sole power of Impeachment . 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 . : THE SENATE Section Three establishes the Senate. As noted above, the Senate is often referred to as the "upper house" of Congress, though both chambers are roughly equal in terms of power bestowed by the Constitution. Nevertheless, as there are far fewer Senators than Representatives, and since Senators serve for longer terms, the average Senator tends to be more influential than his or her counterpart in the other body. Senators sometimes implicitly asserted—especially in the chamber's early history—that theirs was the superior house of Congress, though such a claim had no explicit constitutional basis. For instance, after assembling in 1789, the Senate unsuccessfully attempted to adopt a procedure for communication between the two houses that would indicate the Senate's alleged superiority. The Senate desired to send its messages to the House through a mere clerk, at the same time desiring that House messages be communicated by two Representatives, who would have to "make obeisance" (bow) when entering and leaving the Senate chamber. Unsurprisingly, the House rejected this proposal. Section 3, Clause 1: Composition and selection : ''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; legislatures could authorize the state's Governor to make temporary appointments to fill vacancies that arose while the legislature was in recess. The Seventeenth Amendment , however, now provides for the direct election of Senators by their respective state's voters. This was seen as a move toward a more democratic society but changed the political balance of power as it deprived the States of direct representation to the federal government. Under this amendment, states may still authorize their Governors to make temporary appointments of Senators to fill vacancies but only until a special election to choose a permanent replacement. Section 3, Clause 2: Classes of senators and 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. Clause 2 was designed to ensure that there would never be a period of time when the Senate could not assemble for a session, and would permit the gradual alteration of the Senate along political lines parallel to that of the House of Representatives. 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 legislature was not in session, the governor could appoint a temporary replacement to serve until the legislature could elect a permanent replacement. This was all changed by Clauses 2 and 3 of the Seventeenth Amendment : :Amendment 17, Clause 2. ''When vacancies happen in the representation of any State in the Senate, the executive authority of each State shall issue writs of election to fill such vacancies: Provided That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.'' :Amendment 17, Clause 3. ''This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.'' This set of changes addressed the issue of the change to Popular Election of Senators, and leaves it up to the State Legislature whether or not the Vacancies will be filled by Election. Often, when a married Senator dies in office, the spouse of the deceased Senator is appointed to fill out the deceased Senator's term. This usually places that spouse first in line in any Primary Election or Caucus to fill that seat at the next Senate elections. Section 3, Clause 3: Qualifications : ''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.'' This means that a Senator need not be a natural-born citizen (as the President and Vice President must be), although it is rare for naturalized citizens to be elected Senators. However, a Senator must be at least 30 years of age, must be a citizen of the United States for at least nine years prior to winning election, and must reside in the State he/she will represent at the time of winning election. Section 3, Clause 4: Vice President as presiding official : ''The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.'' |
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