The Constitution · Article I
Article I: The Legislative Branch
About 55 min total: 5 min reading + 50 min for its 40 practice questions
Congress: the House and Senate, how laws are made, Congress's powers, and limits on federal and state power.
- Signed
- September 17, 1787
- In effect
- Ratified June 21, 1788 (9th state); government began March 4, 1789
What's in Article I
| Section | What it covers |
|---|---|
| § 1 | Congress has all federal lawmaking power; it has two houses. |
| § 2 | House of Representatives: 2-year terms, age 25, 7 years a citizen, seats by population, census every 10 years, sole power of impeachment. |
| § 3 | Senate: 2 per state, 6-year terms, age 30, 9 years a citizen; the Vice President presides; the Senate tries impeachments. |
| § 4 | Elections and meetings of Congress. |
| § 5 | Each house judges its members, makes its rules, and keeps a journal. |
| § 6 | Pay, privilege from arrest, Speech or Debate Clause; no holding another federal office. |
| § 7 | Revenue bills start in the House; how a bill becomes law; the veto and the two-thirds override. |
| § 8 | Enumerated powers of Congress, ending with the Necessary and Proper Clause. |
| § 9 | Limits on Congress: habeas corpus, no bills of attainder or ex post facto laws, no titles of nobility. |
| § 10 | Limits on the states: no treaties, coining money, or (without consent) taxing imports. |
Key clauses
Vesting Clause (§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."
Only Congress makes federal law, and it is bicameral (two houses).
House qualifications (§2)
"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"
Representatives: at least 25, a citizen for 7 years, and living in the state they represent.
Three-Fifths Clause (§2, superseded)
"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."
Enslaved people counted as three-fifths of a person for House seats and direct taxes. Replaced by Section 2 of the 14th Amendment.
Impeachment (§2 and §3)
"The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment."
The House impeaches (charges); the Senate holds the trial, and conviction takes two-thirds of senators present.
Senate qualifications (§3)
"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"
Senators: at least 30, a citizen for 9 years. Originally chosen by state legislatures (changed by the 17th Amendment).
Vice President's role (§3)
"The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided."
The Vice President presides over the Senate and votes only to break a tie.
Origination Clause (§7)
"All Bills for raising Revenue shall originate in the House of Representatives"
Tax bills must start in the House, the chamber closest to the people.
Taxing and Spending (§8)
"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"
Congress can tax and spend, a power the Articles of Confederation lacked.
Commerce Clause (§8)
"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;"
Congress regulates trade with other countries, between states, and with tribes. It is the basis for many federal laws.
War powers (§8)
"To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;"
Only Congress can declare war; the President is commander in chief (Article II).
Necessary and Proper Clause (§8)
"To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers"
Also called the Elastic Clause. It is the source of Congress's implied powers (McCulloch v. Maryland).
Habeas corpus (§9)
"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."
People who are jailed can ask a court to rule whether they are being held lawfully.
Attainder and ex post facto (§9)
"No Bill of Attainder or ex post facto Law shall be passed."
Congress can't punish someone without a trial (attainder) or make an act a crime after it was done (ex post facto).
Limits on states (§10)
"No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money;"
States cannot make treaties or print their own money; these are national powers.
Quotations: National Archives transcription of the Constitution (original spelling, such as "chuse" and "Defence").
Why it was written this way
Under the Articles of Confederation, Congress had one house, each state had one vote, and Congress could not tax or regulate trade between states. Article I fixed this by giving Congress real powers. The Great Compromise (Connecticut Compromise), associated with Roger Sherman and Oliver Ellsworth and adopted on July 16, 1787, combined the Virginia Plan (representation by population) and the New Jersey Plan (equal representation): seats in the House by population, two senators per state. The Three-Fifths Compromise settled how enslaved people would be counted for representation and taxes. Listing Congress's powers (enumerated powers) also limited them, a key idea of limited government.
Key Supreme Court cases
- McCulloch v. Maryland (1819): Implied powers; Necessary and Proper Clause
- United States v. Lopez (1995): Limit on the Commerce Clause
- Baker v. Carr (1962): Districts and representation
- Heart of Atlanta Motel v. United States (1964): Commerce Clause supports the Civil Rights Act of 1964
- National Federation of Independent Business v. Sebelius (2012): Taxing power upholds the ACA mandate
What the FCLE tends to ask
- Know the qualifications: House 25/7 years, Senate 30/9 years, President 35/14 years residence (Article II).
- House impeaches, Senate tries; revenue bills start in the House.
- Enumerated vs. implied powers; the Necessary and Proper Clause and McCulloch v. Maryland.
- Article I is the longest article: Congress was expected to be the central branch.
| This | With this |
|---|---|
| Article I: Congress (makes laws) | Article II: President (enforces); Article III: courts (interprets) |
| House: sole power to impeach | Senate: sole power to try impeachments |