Article I - The Legislative Branch

Article I creates the legislative branch of the federal government, establishing Congress with its two chambers (House and Senate), defining their powers, setting their procedures, and placing important limits on both federal and state authority.

🇺🇸 ARTICLE I — SECTION 1

TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Article I, 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.”

2. Plain English

All federal lawmaking power that the Constitution gives is placed in Congress, and Congress is divided into two parts: the House of Representatives and the Senate.

3. Government Powers Created

Article I, Section 1 does the following:

Creates Congress

Establishes the United States Congress as the national legislature.

Grants Lawmaking Power

Gives Congress all legislative authority that the Constitution permits.

This power does not come from tradition, history, or assumption — it comes only from this clause.

Establishes Bicameral Structure

Congress must always be composed of two chambers:

  • The House of Representatives
  • The Senate

Foundational Principle of Enumerated Powers

Legislative power exists only when and where the Constitution grants it.

This clause is the birth of the federal government’s authority.

4. Government Restrictions / Limits

Enumerated Powers Only

Congress has no legislative power beyond what is specifically granted later in Article I, Section 8.

No Implied General Authority

Congress cannot claim power simply because “it is reasonable,” “necessary for governance,” or “good policy.”

Government only acts where the Constitution explicitly permits or the courts have found a historically rooted basis.

Cannot Change Bicameralism

  • Congress cannot abolish either chamber.
  • Congress cannot merge the Senate and House.
  • Congress cannot give legislative power to another body.

President and courts cannot legislate

This clause prohibits:

  • The President from creating federal laws.
  • Federal courts from creating new legislative authority.

5. What It Does NOT Say

  • It does not grant Congress any specific powers (those come later in Section 8).
  • It does not give Congress inherent or unlimited power.
  • It does not give the President lawmaking authority.
  • It does not give the courts authority to make laws.
  • It does not create political parties or allow them to operate government.
  • It does not mention executive orders, administrative agencies, or regulations.
  • It does not allow Congress to delegate unlimited lawmaking power to agencies.

Everything beyond “Congress makes laws” comes from other sections, amendments, or later judicial interpretation.

6. Key Supreme Court Interpretations

1. INS v. Chadha (1983)

Congress must follow bicameralism and presentment to pass laws:

  • Both chambers must agree
  • The President must receive the bill
  • No shortcuts.

2. Clinton v. City of New York (1998)

The President cannot use a “line-item veto” — it violates Article I’s requirement that Congress, not the President, makes law.

3. A.L.A. Schechter Poultry v. U.S. (1935)

Congress cannot delegate unlimited legislative power to executive agencies.

4. United States v. Lopez (1995)

Congress’s powers are limited to those that are enumerated.

🇺🇸 ARTICLE I — SECTION 2

Full Text

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.

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.

Plain English

The House of Representatives is one part of Congress. Its members are elected every two years by the voters in each state, using the same basic qualifications that state law uses for voters in that state’s larger legislative chamber.

To serve in the House, a person must be at least 25 years old, must have been a U.S. citizen for at least seven years, and must live in the state they represent.

Seats in the House are divided among the states according to their population, using a national census taken every ten years. Each state must have at least one Representative, and Congress sets the total size of the House.

If a seat becomes vacant, the state’s governor calls a special election to fill it.

The House chooses its own Speaker and other officers and has the exclusive power to impeach federal officials.

Government Powers Created

Creates the House as one chamber of Congress.

Establishes two-year election cycles for House members.

Gives states authority to run House elections, tying voter qualifications to those for the most numerous branch of the state legislature (later limited/modified by the 15th, 17th, 19th, 24th, and 26th Amendments).

Authorizes a national census every 10 years to count the population.

Creates population-based apportionment of House seats among the states.

Gives each state at least one Representative, regardless of population.

Requires governors to call special elections to fill House vacancies (no appointments).

Gives the House the sole power of impeachment and the power to choose its own Speaker and officers.

Government Restrictions / Limits

Fixed constitutional qualifications for Representatives:

  • At least 25 years old
  • At least 7 years a U.S. citizen
  • Resident of the state they represent at the time of election

Congress cannot:

  • Appoint Representatives.
  • Cancel or postpone House elections beyond the 2-year cycle.
  • Deny any state at least one Representative.
  • Allocate seats by anything other than population (race, wealth, land, etc.).
  • Add extra qualifications for Representatives beyond age, citizenship, and residency.

States cannot:

  • Refuse to hold House elections.
  • Appoint House members instead of electing them.

Impeachment limitation:

  • Only the House may impeach; that power cannot be given to any other body.

Provisions No Longer Legally in Force (But Kept for Historical Accuracy)

The apportionment and “three-fifths” language in this section is still printed in the Constitution’s text, but its legal effect has been eliminated by later amendments:

Thirteenth Amendment (1865)

Abolished slavery, making the category of “all other Persons” (enslaved persons) obsolete in law.

Fourteenth Amendment, Section 2 (1868)

Replaced the original apportionment formula with:

“Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed.”

This ended the three-fifths rule and required counting the “whole number of persons” in each state.

Sixteenth Amendment (1913)

Gave Congress the power to collect income taxes without apportionment among the several States, which means the old tie between “direct Taxes” and the apportionment formula is no longer controlling.

Note: The original “three fifths of all other Persons” language and the connection between direct taxes and apportionment remain in the printed text of Article I, Section 2, but they are no longer valid law. Slavery was abolished by the 13th Amendment, and the 14th Amendment replaced the apportionment formula with one that counts the whole number of persons in each state. The 16th Amendment also removed the need to apportion federal income taxes among the states.

What It Does NOT Say

  • It does not authorize political parties or give them any constitutional role.
  • It does not allow Congress or the states to add new qualifications for House members (like term limits, property ownership, religion, etc.).
  • It does not give the President any role in choosing Representatives or in impeachments.
  • It does not define House district boundaries — only that apportionment is based on population.
  • It does not allow appointment of Representatives; they must be elected.

Key Supreme Court Interpretations

Powell v. McCormack (1969) – Congress cannot refuse to seat a duly elected Representative who meets the constitutional qualifications.

Wesberry v. Sanders (1964) – House districts must have substantially equal population (“one person, one vote”).

U.S. Term Limits v. Thornton (1995) – States cannot add extra qualifications for House members beyond those in Article I, Section 2.

Evenwel v. Abbott (2016) – States may use total population (not just eligible voters) when drawing state legislative districts, reflecting the population basis of representation.

🇺🇸 ARTICLE I — SECTION 3

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 3.

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.

2. Plain English

The Senate is made up of two Senators from each state. Originally, state legislatures chose Senators, but today (after the 17th Amendment) they are elected directly by the people. Senators serve six-year terms, and their terms are staggered so that one-third of the Senate is elected every two years.

Senators must be at least 30 years old, must have been U.S. citizens for nine years, and must live in the state they represent.

The Vice President presides over the Senate and can only vote to break a tie. The Senate chooses its other officers, including a temporary president when the Vice President is absent.

The Senate has the sole authority to conduct impeachment trials. Conviction requires a two-thirds vote. Punishment can only include removal from office and possibly disqualification from future office, but the person can still face regular criminal charges afterward.

3. Government Powers Created

Creates and defines the U.S. Senate

  • Two Senators per state, regardless of population.
  • Six-year terms.
  • Senators staggered into three classes for continuity.

Gives states a role in federal representation

  • Originally: Senators were chosen by state legislatures.
  • After the 17th Amendment: Senators are elected directly by the people.

Fills Senate vacancies

  • Originally: Governor could appoint until the legislature met.
  • After 17th Amendment: States may allow governors to appoint temporarily, but only if state law permits. Otherwise, vacancies require special elections.

Creates qualifications for Senators

  • Age: 30+
  • Citizenship: 9 years
  • Residency: Must live in the represented state

Defines Vice President’s legislative role

  • Presides over the Senate
  • Votes only to break ties

Gives Senate impeachment-trial authority

  • Sole power to try impeachments
  • Must be under oath
  • Chief Justice presides when the President is on trial
  • Conviction requires 2/3 vote
  • Penalty is limited to removal and possible disqualification

4. Government Restrictions / Limits

Senate cannot change its size (always two per state).

Senate cannot remove Senators simply by vote (expulsion requires 2/3 under Section 5).

Senators MUST meet constitutional qualifications—Congress cannot change them.

Senate cannot convict in impeachment with less than 2/3 vote.

Senate’s punishment in impeachment is limited ONLY to:

  • removal
  • optional disqualification

Senate cannot impose criminal penalties; only courts can.

Vice President:

  • Cannot vote unless the Senate is tied
  • Has no legislative veto power

5. What It Does NOT Say

  • Does not give the Senate power to impeach—only to try impeachments (House impeaches).
  • Does not set term limits for Senators.
  • Does not allow states to reduce their number of Senators.
  • Does not allow Congress to change the equal representation of states in the Senate without state consent (protected by Article V).
  • Does not define how political parties operate in the Senate.
  • Does not give the Vice President ordinary voting power.
  • Does not allow impeachment to include criminal penalties.

6. Provisions No Longer in Legal Force (But Text Remains)

Original Method of Selecting Senators

The original text states: “chosen by the Legislature thereof”

This system was replaced by:

✔ 17th Amendment (1913)

  • Direct election of Senators by the people of each state.
  • States may authorize temporary gubernatorial appointments, but must fill vacancies by election.

Nothing else in Section 3 has been legally superseded.

7. Key Supreme Court Interpretations

Powell v. McCormack (1969) – Congress may not add qualifications beyond those listed in the Constitution.

U.S. Term Limits v. Thornton (1995) – States cannot impose additional qualifications (like term limits) on Senators.

Nixon v. United States (1993) – The Senate has exclusive authority to determine impeachment trial procedures; courts cannot intervene.

Burton v. United States (1906) – Senators, like all federal officers, are subject to federal criminal law and can be prosecuted independently of impeachment.

🇺🇸 ARTICLE I — SECTION 4

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 4.

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.

(Note: The second clause—on the meeting date of Congress—was modified by the 20th Amendment, but the original text remains printed for historical accuracy.)

2. Plain English

State legislatures decide when, where, and how elections for Congress are held. However, Congress has the authority to change those election rules at any time, except Congress cannot choose the physical location where Senators are elected.

Congress must meet at least once every year. Originally, the Constitution set the meeting date as the first Monday in December, but Congress now sets its meeting date under its constitutional authority, and the 20th Amendment moved the start of congressional terms to January.

3. Government Powers Created

Gives states primary authority over congressional elections

State legislatures control:

  • election dates (except the uniform federal date now set by Congress)
  • polling locations
  • registration rules
  • ballot formats
  • districting (subject to other constitutional limits)
  • election administration

Gives Congress broad power to override state election rules

Congress can:

  • change election dates
  • regulate mail voting
  • require uniform ballots
  • set rules for federal election procedures
  • regulate districting (as it did with the Apportionment Act of 1842)
  • mandate single-member districts
  • protect voting rights under the 14th, 15th, 24th, and 26th Amendments

Creates the requirement for an annual meeting of Congress

  • Congress must meet every year.
  • Originally required a December meeting; now modified by the 20th Amendment.

4. Government Restrictions / Limits

State limits

States cannot:

  • refuse to hold congressional elections
  • set election rules that violate federal law or the Constitution
  • select their own Senators (17th Amendment ended this)
  • draw districts with significant population inequality (via Supreme Court rulings)
  • discriminate in voting based on race, sex, age over 18, or failure to pay a tax

Federal limits

Congress cannot:

  • dictate the physical “place” of Senate elections (obsolete after 17th Amendment)
  • abolish state-run election systems entirely
  • postpone elections indefinitely
  • remove the requirement that states hold elections for Representatives

Legislative calendar limits

  • Congress must meet at least once every year—cannot skip a year.

5. What It Does NOT Say

  • It does not establish political parties.
  • It does not give Congress total control of elections from the start—states hold primary authority.
  • It does not give the President any election authority for Congress.
  • It does not specify how districts must be drawn (single-member districts came later by statute).
  • It does not give Congress power to cancel federal elections.
  • It does not give states power to refuse or delay elections.
  • It does not define who can vote (later amendments do that).

6. Provisions No Longer Legally in Force (But Text Remains)

Original Senate election clause

“except as to the Places of chusing Senators”

This is obsolete because the 17th Amendment (1913) replaced state-legislature elections of Senators with direct popular elections.

Original annual meeting date

“the first Monday in December”

This was changed by the:

✔ 20th Amendment (1933)

  • Congress begins new terms on January 3.
  • Congress sets its own meeting schedule by law.
  • The requirement that Congress meet at least once per year remains valid.

7. Key Supreme Court Interpretations

Arizona State Legislature v. Arizona Independent Redistricting Commission (2015) – State legislatures may delegate redistricting authority to independent commissions; “Legislature” means the state lawmaking process, not just the body of elected legislators.

Smiley v. Holm (1932) – State governors may veto redistricting bills—redistricting is subject to the full state legislative process.

Oregon v. Mitchell (1970) – Congress may regulate federal election standards, including voting age (later resolved by the 26th Amendment).

RNC v. DNC (2020) – States control election timing and administration unless Congress overrides.

Ex parte Yarbrough (1884) – Congress has power to protect federal elections, including prosecuting interference or intimidation.

8. Summary for TICRI

Article I, Section 4 creates the basic federalist election system:

  • States run federal elections,
  • Congress has override authority,
  • Annual congressional meetings are mandatory,
  • Certain parts were later changed by the 17th and 20th Amendments.

🇺🇸 ARTICLE I — SECTION 5

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 5.

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.

2. Plain English

Each chamber of Congress (House and Senate) decides whether its members were properly elected, whether they meet the constitutional qualifications, and whether election results are valid. A majority of either chamber is required to conduct official business, but a smaller number can meet and force absent members to attend.

Each chamber sets its own rules, can punish members for disorderly behavior, and can expel a member with a two-thirds vote.

Both the House and Senate must keep an official journal of what they do, must publish it except for parts requiring secrecy, and must record the votes of members when at least one-fifth of those present request it.

Neither chamber may adjourn for more than three days or meet somewhere else without the consent of the other.

3. Government Powers Created

Membership Oversight

Each chamber judges:

  • the validity of elections
  • the returns (counting and certification)
  • whether a member meets constitutional qualifications

Internal Authority

Each chamber may:

  • establish its own procedural rules
  • set standards of conduct
  • punish members
  • expel members with a 2/3 vote
  • organize committees and internal structure

Operational Powers

  • Each chamber determines its own quorum (majority).
  • Can compel attendance of absent members.
  • Must keep and publish journals.
  • Must record votes when requested by at least 1/5 of present members.

Adjournment Rules

Neither chamber may adjourn:

  • for more than three days
  • or to a different location

—unless the other chamber consents.

This forces the House and Senate to remain coordinated and co-located.

4. Government Restrictions / Limits

  • Chambers must judge elections and qualifications based only on constitutional qualifications, not political preference.
  • Congress cannot change the constitutional qualifications for members (age, citizenship, residency).
  • Expulsion requires 2/3 majority, preventing partisan simple-majority abuse.
  • Chambers must publish proceedings except very limited secrecy.
  • Chambers must record votes when 20% of members request it.
  • Neither chamber can operate in a different city, state, or location without mutual agreement.
  • Neither chamber can adjourn for more than three days without the other’s approval.
  • They cannot compel attendance in unconstitutional ways (must follow due process).

5. What It Does NOT Say

  • Does not allow political parties to control membership decisions.
  • Does not allow each chamber to add new qualifications for members.
  • Does not authorize “expulsion by simple majority.”
  • Does not give Congress authority to refuse to seat a member who meets all qualifications (Powell v. McCormack).
  • Does not authorize Congress to hide all proceedings—secrecy must be justified.
  • Does not allow Congress to adjourn indefinitely or relocate without mutual consent.
  • Does not give Congress power to overturn state election laws.

6. Key Supreme Court Interpretations

Powell v. McCormack (1969) – Congress CANNOT refuse to seat a member who meets the constitutional qualifications (age, citizenship, residency).

U.S. Term Limits v. Thornton (1995) – States cannot impose additional qualifications (like term limits) on federal legislators because Article I sets the only qualifications.

Ballin (1892) – Each chamber has wide authority to set its own rules, but those rules cannot violate the Constitution.

McGrain v. Daugherty (1927) – Congress has broad power to compel attendance of members and conduct investigations.

United States v. Smith (1936) – The Senate’s journal and recorded votes are constitutionally required; the courts may rely on those records.

7. Summary for TICRI

Article I, Section 5 establishes self-governance within Congress:

  • Congress judges the elections and qualifications of its own members.
  • Each chamber is responsible for its own rules and discipline.
  • The Senate and House cannot operate independently of one another when it comes to adjournment and location.
  • This section reinforces the independence of Congress from the executive and judiciary—while also preventing either chamber from acting without accountability or transparency.

🇺🇸 ARTICLE I — SECTION 6

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 6.

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 increased 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.

2. Plain English

Members of Congress are paid a salary set by law and paid by the U.S. Treasury. They cannot be arrested while attending congressional sessions or traveling to and from them, except for serious crimes. Members cannot be sued, prosecuted, or questioned outside of Congress for things they say during official debates.

A member of Congress cannot be appointed to a federal office that was created or had its salary increased during the time they were elected to serve. Also, anyone who currently holds a federal office cannot simultaneously serve in Congress.

3. Government Powers Created

Compensation authority

  • Congress has authority to determine its own pay by law.
  • Payment must come from the U.S. Treasury.

Legislative immunity (“Speech or Debate Clause”)

  • Immunity from arrest (except serious crimes) while performing legislative duties.
  • Immunity from being questioned in courts or other venues about their legislative speeches, votes, or debates.

Separation of powers

  • Prevents members of Congress from being appointed to newly created or newly enhanced federal offices.
  • Prohibits federal office-holders from simultaneously serving in Congress.
  • These provisions ensure Congress is not influenced or bribed by executive appointments.

4. Government Restrictions / Limits

Limits on arrest immunity

Members are NOT immune from arrest for:

  • Treason
  • Felony
  • Breach of the peace (interpreted broadly to mean all crimes)

Limits on compensation

  • Congress cannot secretly pay itself through other channels.
  • Compensation must be set by statute (subject to presidential veto).

Limits preventing corruption

  • A legislator cannot take a federal job created during their term.
  • A legislator cannot accept a position whose salary was increased during their term.
  • Federal officers cannot simultaneously serve in Congress.

Limits on legal vulnerability

  • Members cannot be punished or sued for legislative statements.
  • Courts cannot question Congress’ motivations or statements during debate.

5. What It Does NOT Say

  • Does not prohibit Congress from raising its own salary—only that it must be done by law. (The 27th Amendment later restricts when pay raises take effect.)
  • Does not grant members immunity for crimes or for actions outside legislative functions.
  • Does not prevent members from being subpoenaed for non-legislative conduct.
  • Does not forbid Congress from lowering salaries.
  • Does not authorize perks, pensions, or benefits—those are created entirely by statute, not the Constitution.
  • Does not define what counts as “civil office” beyond typical federal executive or judicial roles.

6. Key Supreme Court Interpretations

Gravel v. United States (1972) – The Speech or Debate Clause protects:

  • speeches
  • votes
  • committee actions
  • any “legislative acts”

But it does not protect:

  • political activity
  • press releases
  • criminal conduct
  • private publication of documents

United States v. Brewster (1972) – The Speech or Debate Clause does not protect bribery, even if it involves legislative matters.

Kilbourn v. Thompson (1881) – Legislative immunity is absolute for legitimate legislative acts; not for criminal or private actions.

Evans v. Stephens (2004) (11th Cir.) – Clarified boundaries of “civil office” and incompatibility clauses.

U.S. v. Rose (1848) – Arrest immunity does not apply to any indictable offense.

7. Provisions Modified by Later Amendments

✔ 27th Amendment (1992)

Congress can still raise its pay — but the raise cannot take effect until after the next House election, preventing immediate self-enrichment.

No other part of Section 6 has been altered; all other clauses remain fully operative.

8. Summary for TICRI

Article I, Section 6 protects:

  • Legislative independence
  • Separation of powers
  • Freedom of debate in Congress
  • Protection from executive pressure

It prevents corruption by:

  • Blocking Congress from creating jobs for themselves
  • Prohibiting members from holding federal office simultaneously
  • Preventing executive “bribery by appointment”

And it secures democratic accountability by:

  • Requiring transparent pay set by law
  • Ensuring voters can react to pay changes (via the 27th Amendment)

🇺🇸 ARTICLE I — SECTION 7

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 7.

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.

2. Plain English

Money bills (laws that raise revenue, such as taxes) must start in the House of Representatives, but the Senate can amend them.

For any bill to become law, it must pass both the House and Senate and then be sent to the President. The President can sign it into law or veto it and send it back with objections. Congress can override the veto with a two-thirds vote in each chamber.

If the President does nothing for ten days (not counting Sundays), the bill becomes law unless Congress has adjourned in a way that prevents its return — in that case, it does not become law (a “pocket veto”).

Any order or resolution requiring the agreement of both chambers must also be sent to the President for approval or veto, except for adjournments.

3. Government Powers Created

The Origination Clause

  • Gives the House of Representatives the exclusive power to initiate revenue-raising bills.
  • Senate retains power to amend those bills.

The Presentment Clause

  • Requires all bills to be presented to the President.
  • Creates the President’s veto power.
  • Creates the congressional veto override process.
  • Requires roll-call (yea/nay) votes for veto overrides.

The Pocket Veto

  • Grants the President the power to indirectly veto a bill by taking no action when Congress has adjourned.

Orders, Resolutions, and Votes

  • Prevents Congress from bypassing the President by calling something an “order” or “resolution” instead of a bill.
  • This clause is the foundation of the U.S. legislative process.

4. Government Restrictions / Limits

On the House

  • Only the House may originate revenue-raising bills.
  • House cannot bypass Senate involvement.

On the Senate

  • Senate cannot originate revenue bills — only amend them.
  • Senate cannot eliminate the presentment process.

On Congress as a whole

  • Cannot enact laws without presentment to the President.
  • Cannot override a veto without a two-thirds majority.
  • Cannot bypass the President by passing joint resolutions that aren’t presented.

On the President

  • Must act within 10 days (Sundays excluded).
  • Cannot partially approve a bill (line-item veto unconstitutional).
  • Cannot veto adjournment decisions.

On both chambers

  • Must record votes when overriding a veto.

5. What It Does NOT Say

  • Does not define “revenue” (courts have clarified this).
  • Does not say spending bills must originate in the House (only revenue-raising bills).
  • Does not require the President to endorse or sign adjournments.
  • Does not give the President unilateral power to make law.
  • Does not allow Congress to skip the President by calling a bill something else (joint resolutions count).
  • Does not allow the President to add notes, conditions, or partial approvals to signed legislation.
  • Does not authorize executive orders to override statutes.

6. Key Supreme Court Interpretations

Clinton v. City of New York (1998) – The line-item veto is unconstitutional; the President must approve or reject the entire bill.

INS v. Chadha (1983) – Congress cannot pass legislation without bicameralism + presentment, even for “resolutions.”

United States v. Munoz-Flores (1990) – A bill is “for raising revenue” only if its primary purpose is to raise money for the general treasury — not if it merely generates revenue incidentally.

Pocket Veto Case (1929) & Wright v. United States (1938) – Clarified when adjournment prevents bill return and when pocket veto applies.

Field v. Clark (1892) – Courts accept the enrolled bill authenticated by Congress; they do not investigate internal legislative procedures.

7. Provisions Modified by Later Amendments

20th Amendment

Adjusted the congressional calendar, which affects how the 10-day clock for vetoes sometimes functions.

No other part of Section 7 has been altered.

  • The Origination Clause and Presentment Clause remain fully operative.

8. Summary for TICRI

Article I, Section 7 establishes the entire federal lawmaking process:

  • House starts tax bills
  • Senate can amend
  • Both must pass a bill
  • President signs or vetoes
  • Congress may override
  • No legislative shortcuts allowed

This section sets the foundational rule: Laws only exist when all three branches participate as the Constitution requires.

🇺🇸 ARTICLE I — SECTION 8

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 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; 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 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.

2. Plain English

Congress has specific powers. It can tax, borrow money, regulate trade, make rules for naturalization and bankruptcy, coin money, establish post offices, create federal courts, punish crimes on the seas, declare war, raise armies, maintain a navy, call up and regulate the militia, run the capital district, and make any laws necessary to carry out the powers the Constitution gives it.

3. Government Powers Created

(1) Fiscal Powers

  • Taxation (must be uniform for indirect taxes)
  • Borrowing money
  • Paying national debts
  • Funding general welfare
  • Collecting duties, imposts, excises

(2) Commerce Powers

Regulating trade:

  • foreign nations
  • between states
  • with Indian tribes

(3) Citizenship & Economic Rules

  • Uniform naturalization laws
  • Uniform bankruptcy laws

(4) Monetary Authority

  • Coining money
  • Regulating value
  • Setting weights and measures
  • Punishing counterfeiting

(5) Infrastructure & Intellectual Property

  • Establishing post offices & post roads
  • Copyrights & patents (limited times)

(6) Judiciary

  • Creating all courts except the Supreme Court (which the Constitution itself creates)

(7) Law of Nations & Crime

Defining and punishing:

  • piracy
  • felonies on high seas
  • offenses against international law

(8) War & Military

  • Declaring war
  • Granting letters of marque and reprisal
  • Making rules on captures
  • Raising and supporting armies (funding max 2 years)
  • Maintaining a navy
  • Regulating armed forces

(9) Militia Powers

Calling forth militia:

  • enforce laws
  • suppress insurrection
  • repel invasions

Organizing, arming, disciplining militia

  • Federal control when militia is in U.S. service

States retain:

  • officer appointments
  • training authority

(10) Federal District Authority

  • Exclusive legislation over D.C. (up to 10 miles square)

(11) Necessary and Proper Clause

Congress may pass laws needed to execute:

  • its own powers
  • powers of the entire government
  • powers of executive branch
  • powers of judiciary

This is the “elastic clause.”

4. Government Restrictions / Limits

  • Indirect taxes must be uniform across states.
  • Army appropriations cannot last more than two years.
  • Commerce Clause allows regulation of commerce, not anything Congress calls commerce.
  • Necessary & Proper Clause cannot justify laws that:
    • expand federal power beyond enumerated authority
    • violate other constitutional protections
    • give Congress “general police power” (reserved to states)
  • Copyright/patent rights must be:
    • temporary
    • for the purpose of promoting science & arts
  • Militia powers shared with states; Congress cannot eliminate state officers.
  • D.C. authority is limited to territory ceded by states.

5. What It Does NOT Say

  • Does not give Congress unlimited power.
  • Does not give Congress “general welfare” authority beyond spending and taxing.
  • Does not allow Congress to regulate non-economic activity (this is heavily litigated).
  • Does not create federal police power (reserved to states).
  • Does not authorize Congress to declare martial law.
  • Does not authorize Congress to maintain standing armies indefinitely without appropriations.
  • Does not give Congress control over state militias except when in federal service.
  • Does not allow Congress to redefine money outside the constitutional framework unless amended.

6. Key Supreme Court Interpretations

McCulloch v. Maryland (1819) – Necessary & Proper Clause allows implied powers if tied to enumerated powers. States cannot tax federal institutions.

Gibbons v. Ogden (1824) – Broad reading of interstate commerce; Congress controls navigation when used for commerce.

U.S. v. Lopez (1995) & U.S. v. Morrison (2000) – Limits Commerce Clause — Congress cannot regulate non-economic activity by calling it “commerce.”

NFIB v. Sebelius (2012) – Congress cannot compel commerce (cannot force purchases) under the Commerce Clause.

J.W. Hampton Jr. & Co. (1928) – Delegation of power to agencies is permitted but must have an “intelligible principle.”

The Prize Cases (1863) – President may use military force without formal declaration if nation is under attack.

7. Amendments Affecting Section 8

16th Amendment

Gives Congress power to tax income without apportionment. This modifies the taxation structure in Section 8.

Militia Clauses + 2nd Amendment

Section 8 militia powers must be interpreted in harmony with:

  • State authority
  • Individual right to keep and bear arms

8. Summary for TICRI

Article I, Section 8 = The Enumerated Powers of Congress.

This section establishes every major federal power: taxation, spending, war, commerce, money, courts, immigration, military, and implied powers.

Everything the federal government does must trace back to something written here or in the amendments.

🇺🇸 ARTICLE I — SECTION 9

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 9.

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 or 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.

2. Plain English

Congress could not ban the slave trade before 1808, but it could tax imported persons. The right to habeas corpus cannot be suspended except during rebellion or invasion. Congress cannot pass laws that declare someone guilty without trial or laws that punish people retroactively.

Direct taxes must be based on population unless changed by later amendments (the 16th Amendment allows income taxes without apportionment). Congress cannot tax exports, nor can it favor one state’s ports over another.

No money can be spent by the federal government unless Congress passes a law authorizing it, and the government must publish its financial records. The United States cannot grant titles of nobility, and federal officers cannot accept gifts or titles from foreign governments without congressional approval.

3. Government Powers Limited or Prohibited

(1) Slave Trade Clause (No longer operative after 1808 + 13th Amendment)

  • Before 1808: Congress could not ban the importation of slaves.
  • Could impose up to a $10 tax per imported person.
  • After 1808: Congress could prohibit it.
  • After the 13th Amendment (1865): The clause is obsolete.

(2) Habeas Corpus

Congress CANNOT suspend habeas corpus except:

  • rebellion
  • invasion
  • when public safety requires it

This ensures the government cannot detain people indefinitely without judicial review.

(3) No Bills of Attainder

  • Congress cannot declare someone guilty without a trial.

(4) No Ex Post Facto Laws

  • Congress cannot punish people for acts that were legal when committed.

(5) Direct Tax Limit (Modified by 16th Amendment)

Originally:

  • Direct taxes must be apportioned by population.

The 16th Amendment (1913) allows income taxes without apportionment, overriding this requirement for income taxes.

(6) No Export Taxes

  • Congress cannot tax goods exported from any state.

(7) No Port Preferences

Congress cannot:

  • favor the ports of one state
  • require ships to enter or pay duties in another state’s port

This protects equal commerce among states.

(8) Spending Restrictions

  • Federal money can ONLY be spent by law (through appropriations).
  • Government must publish financial statements (“regular statement and account”).

(9) No Titles of Nobility

  • U.S. cannot grant aristocratic titles.
  • No federal officeholder may accept foreign titles, gifts, or offices without Congress’s consent.
  • This is the Foreign Emoluments Clause.

4. Government Restrictions Summarized

Congress may NOT:

  • Suspend habeas corpus (except rebellion/invasion)
  • Pass bills of attainder
  • Pass ex post facto laws
  • Lay direct taxes without apportionment (except income taxes due to the 16th Amendment)
  • Tax exports
  • Favor one state’s ports over another
  • Spend money without a law authorizing it
  • Hide financial records
  • Grant titles of nobility
  • Allow federal officers to accept foreign gifts/titles without permission

5. What It Does NOT Say

  • Does not define what counts as a “direct tax” (courts clarified over time).
  • Does not authorize Congress to suspend habeas corpus lightly; the exceptions are extremely narrow.
  • Does not prohibit all foreign gifts — only prohibits accepting them without congressional consent.
  • Does not prevent the President from receiving foreign gifts entirely — the Emoluments Clause applies broadly but is subject to Congress’s approval.
  • Does not prohibit Congress from regulating imports — only exports.
  • Does not prevent Congress from spending money for any purpose it chooses (the limit is authorization, not purpose).
  • Does not define “regular publication” of financial statements—Congress determines this by law.

6. Key Supreme Court Interpretations

(A) Habeas Corpus

Ex parte Merryman (1861) — President alone cannot suspend habeas corpus.

Boumediene v. Bush (2008) — detainees must have access to habeas unless properly suspended.

(B) Bills of Attainder

Bills of attainder are forbidden:

  • Cummings v. Missouri (1867)
  • United States v. Brown (1965)
  • Nixon v. Adm’r of General Services (1977) (not a bill of attainder)

(C) Ex Post Facto Laws

Calder v. Bull (1798) — Applies only to criminal laws.

(D) Direct and Indirect Taxes

Pollock v. Farmers’ Loan & Trust Co. (1895) — income tax = direct tax

Overridden by the 16th Amendment

NFIB v. Sebelius (2012) — Congress may levy taxes even if labeled otherwise, but cannot force commerce under tax power.

(E) Emoluments

Modern litigation has reaffirmed:

  • Federal officials cannot accept foreign gifts or payments without Congress’s approval.

(F) Spending Clause Controls

Cincinnati Soap Co. v. U.S. (1937) — Congress controls appropriations.

Train v. City of New York (1975) — President cannot refuse to spend appropriated funds.

7. Provisions Modified by Amendments

13th Amendment

Abolished slavery, rendering the slave importation clause obsolete.

16th Amendment

Allows income taxes without apportionment, superseding the direct-tax limits in Section 9.

No other clauses have been altered; the rest remain fully operative.

8. Summary for TICRI

Article I, Section 9 is the Constitution’s list of prohibitions on Congress — it defines what Congress may not do.

These are absolute structural safeguards protecting:

  • individual liberty
  • states
  • interstate equality
  • the economy
  • foundational rule of law

Combined with Section 10’s limits on states, this section forms the backbone of constitutional checks against government abuse.

🇺🇸 ARTICLE I — SECTION 10

Full Text + TICRI Constitutional Breakdown

1. Exact Text (Verbatim)

Section 10.

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 it’s 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 Control 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.

2. Plain English

States are forbidden from acting like independent nations. They cannot make treaties, coin money, create their own currency, declare war, or enter alliances. States also cannot pass retroactive criminal laws, declare people guilty without trial, or violate contracts.

States may not tax imports or exports without Congress’s permission, and any money collected must go to the federal Treasury. States need congressional approval to keep armies or warships in peacetime, or to enter agreements with other states or foreign nations — unless they are actually invaded or in immediate danger.

3. Government Powers Limited (What States Are Forbidden to Do)

(A) States cannot act as sovereign nations

States are prohibited from:

  • making treaties
  • forming alliances
  • forming confederations
  • issuing letters of marque and reprisal
  • declaring war (unless invaded or in imminent danger)

(B) States cannot create or manipulate currency

States may NOT:

  • coin money
  • issue bills of credit (paper money)
  • make anything but gold or silver a legal tender for paying debts

(This clause was significantly weakened after the Civil War due to national currency laws, but the text remains.)

(C) States cannot violate basic rule-of-law protections

States may NOT pass:

  • bills of attainder
  • ex post facto laws
  • laws impairing contract obligations
  • titles of nobility

(D) States cannot violate federal control of interstate and international commerce

States may NOT:

  • impose taxes on imports/exports without Congress’s consent
  • impose duties of tonnage without consent
  • keep troops or warships in peacetime without consent

(E) States cannot enter into compacts

Unless Congress approves, states cannot:

  • enter agreements with other states
  • enter agreements with foreign powers

This protects national unity.

4. Government Restrictions / Limits (Summarized)

States MAY NOT:

  • Make treaties
  • Form alliances or confederations
  • Coin money
  • Issue their own paper currency
  • Use anything but gold/silver as legal tender
  • Pass bills of attainder
  • Pass ex post facto laws
  • Impair contracts
  • Grant titles of nobility
  • Tax imports/exports without Congress’s consent
  • Tax tonnage
  • Keep armies or navies in peacetime without consent
  • Enter compacts without consent
  • Engage in war unless invaded or in immediate danger

No other section of the Constitution places this many prohibitions on states — Section 10 is the hard limit on state sovereignty.

5. What It Does NOT Say

Does not restrict states from:

  • running their own police powers
  • establishing state currencies for accounting (but not legal tender)
  • issuing bonds (legal, as debt instruments, not currency)
  • having state militias / National Guard units (authorized elsewhere)
  • entering routine cooperative agreements with federal agencies (non-compacts)

Does not allow states to:

  • nullify federal law
  • secede
  • claim foreign policy authority

Does not prohibit states from:

  • using fiat currency created by Congress
  • establishing state inspection laws
  • taxing goods once they are inside the state (sales, use, excise)

6. Key Supreme Court Interpretations

Fletcher v. Peck (1810) – States cannot impair vested contractual obligations — first major use of the Contracts Clause.

Dartmouth College v. Woodward (1819) – Reaffirmed the Contracts Clause: states cannot interfere with private corporate charters.

Gibbons v. Ogden (1824) – State laws interfering with interstate commerce violate the Commerce Clause + Section 10.

Craig v. Missouri (1830) – States cannot issue bills of credit — meaning they cannot circulate paper money.

Austin v. New Hampshire (1975) – States cannot impose discriminatory taxes on citizens of other states.

United States Steel v. Multistate Tax Commission (1978) – Interstate compacts without increased state power do not require congressional approval.

New York v. United States (1992) – States cannot be “commandeered” by the federal government, but state limits under Section 10 remain in force.

7. Provisions Modified by Later Amendments

13th Amendment

Not directly modifying Section 10, but elimination of slavery changed the context of state powers.

14th Amendment

Applies many restrictions to states through:

  • Due process
  • Equal protection
  • Privileges or immunities

16th Amendment

Does not affect states but changed federal tax structure, altering some interactions with Section 10’s taxation limits.

17th Amendment

Impacts state legislatures but not Section 10 directly.

No clause in Section 10 has been formally repealed or superseded, but national currency laws and federal supremacy significantly limit the effect of the “gold and silver” tender clause.

8. Summary for TICRI

Article I, Section 10 is the Constitution’s list of prohibitions on state governments — placing absolute limits on state sovereignty to prevent:

  • interstate conflict
  • economic fragmentation
  • separate foreign policies
  • competing currencies
  • violations of contract rights

This section creates the foundation of federal supremacy and national unity, preventing states from acting as independent nations.

Article I establishes Congress as the first branch of government with enumerated powers and important constitutional limits, creating the foundation for all federal legislative authority while preserving the federal system and protecting individual rights.