U.S. Constitution: Article I
Article Text | Annotations
Article I
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 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.
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.
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.
When vacancies happen in the Representation from any State, the
Executive Authority thereof shall issue Writs of Election to fill such
Vacancies.
The House of Representatives shall chuse their Speaker and other
Officers; and shall have the sole Power of Impeachment.
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.
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.
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.
The Vice President of the United States shall be President of
the Senate but shall have no Vote, unless they be equally divided.
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 President of the United States.
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.
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.
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.
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.
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 Behaviour, 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.
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 encreased 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.
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, shall, before it become a law, be presented to the
President of the United States: If he approve 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.
The Congress shall have Power To lay and collect
Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the
common Defence 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 an 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 Offences 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,
dock-Yards 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.
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 of 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 the
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.
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.
Annotations
Article I - Legislative Department
- Section 1. Legislative Powers
- Separation of Powers and Checks and Balances
- Bicameralism
- Enumerated, Implied, Resulting, and Inherent Powers
- Delegation of Legislative Power
-
Congressional Investigations
- Source of the Power to Investigate
- Investigations of Conduct of Executive Department
- Investigations of Members of Congress
- Investigations in Aid of Legislation
- Sanctions of the Investigatory Power: Contempt
- Section 2. The House of Representatives
- Clause 1. Congressional Districting
- Clause 2. Qualifications of Members of Congress
- Clause 3. Apportionment of Seats in the House
- Clause 4. Vacancies
-
Clause 5. Officers and Power of Impeachment
- Section 3. The Senate
- Clause 1. Composition and Selection
- Clause 2. Classes of Senators
- Clause 3. Qualifications
- Clause 4. The Vice President
- Clause 5. Officers
- Clause 6. Trial of Impeachments
-
Clause 7. Judgments on Impeachment
- Section 4. Elections
- Clause 1. Congressional Power to Regulate
-
Clause 2. Time of Assembling
- Section 5. Powers and Duties of the Houses
- Clause 1. Power to Judge Elections
- Clause 2. Rules of Proceedings
- Clause 3. Duty to Keep a Journal
- Clause 4. Adjournments
-
POWERS AND DUTIES OF THE HOUSES
-
Power To Judge Elections
- ''A Quorum to Do Business''
- Rules of Proceedings
- Powers of the Houses Over Members
- Duty To Keep a Journal
-
Power To Judge Elections
- Section 6. Rights and Disabilities of Members
- Clause 1. Compensation and Immunities
-
Clause 2. Disabilities
- Section 7. Legislative Process
- Clause 1. Revenue Bills
- Clause 2. Approval by the President
-
Clause 3. Presentation of Resolutions
- Section 8. Powers of Congress
- Clause 1. Power to Tax and Spend
- Clause 2. Borrowing Power
-
Clause 3. Commerce Power
- Power to Regulate Commerce
- Interstate versus Foreign Commerce
- Instruments of Commerce
- Congressional Regulation of Waterways
- Congressional Regulation of Land Transportation
- Congressional Regulation of Commerce as Traffic
- Congressional Regulation of Production and Industrial Relations: Antidepression Legislation
- Acts of Congress Prohibiting Commerce
- The Commerce Clause as a Source of National Police Power
- The Commerce Clause as a Restraint on State Powers
- State Taxation and Regulation: The Old Law
- State Taxation and Regulation: The Modern Law
- Foreign Commerce and State Powers
- Concurrent Federal and State Jurisdiction
- Commerce With Indian Tribes
- Clause 4. Naturalization and Bankruptcies
- Clauses 5 and 6. Money
- Clause 7. Post Office
- Clause 8. Copyrights and Patents
- Clause 9. Creation of Courts
- Clause 10. Maritime Crimes
- Clauses 11, 12, 13, and 14. War; Military Establishment
- Clauses 15 and 16. The Militia
- Clause 17. District of Columbia; Federal Property
-
Clause 18. Necessary and Proper Clause
- Section 9. Powers Denied to Congress
- Clause 1. Importation of Slaves
- Clause 2. Habeas Corpus Suspension
- Clause 3. Bills of Attainder and Ex Post Facto Laws
- Clause 4. Taxes
- Clause 5. Duties on Exports from States
- Clause 6. Preference to Ports
- Clause 7. Appropriations and Accounting of Public Money
-
Clause 8. Titles of Nobility; Presents
- Section 10. Powers Denied to the States
-
Clause 1. Not to Make Treaties, Coin Money, Pass Ex Post Facto Laws, Impair Contracts
- Treaties, Alliances, or Confederations
- Bills of Credit
- Legal Tender
- Bills of Attainder
- Ex Post Facto Laws
-
Obligation of Contracts
- ''Law'' Defined
- Status of Judicial Decisions
- ''Obligation'' Defined
- ''Impair'' Defined
- Vested Rights Not Included
- Public Grants That Are Not ''Contracts''
- Tax Exemptions: When Not ''Contracts''
-
''Contracts'' Include Public Contracts and Corporate Charters
- Corporate Charters: Different Ways of Regarding
- Reservation of Right to Alter or Repeal Corporate Charters
- Corporation Subject to the Law and Police Power
- Strict Construction of Charters, Tax Exemptions
- Strict Construction and the Police Power
- Doctrine of Inalienability as Applied to Eminent Domain, Taxing, and Police Powers
- Private Contracts
- Remedy a Part of the Private Obligation
- Private Contracts and the Police Power
- Evaluation of the Clause Today
- Clause 2. Not to Levy Duties on Exports and Imports
- Clause 3. Not to Lay Tonnage Duties, Keep Troops, Make Compacts, or Engage in War
