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Article I

The Legislative Branch

Overview

Article I establishes Congress as the legislative branch of the federal government. It creates a bicameral legislature consisting of the Senate and House of Representatives, defines their powers, and sets limitations on both federal and state authority.

Section 1 - Legislative Powers

All legislative powers are vested in Congress, consisting of the Senate and House of Representatives.

Section 2 - The House of Representatives

  • Members elected every two years by the people
  • Must be at least 25 years old, a U.S. citizen for 7 years, and a resident of their state
  • Representation based on state population
  • House has sole power of impeachment

Section 3 - The Senate

  • Two Senators from each state, serving six-year terms
  • Must be at least 30 years old, a U.S. citizen for 9 years, and a resident of their state
  • Vice President serves as President of the Senate
  • Senate has sole power to try impeachments

Section 4 - Elections and Meetings

States regulate election times, places, and manner, but Congress may override. Congress must meet at least once per year.

Section 5 - Rules and Proceedings

Each house judges its own elections, sets its own rules, and can expel members with a two-thirds vote.

Section 6 - Compensation and Privileges

  • Members receive compensation from the U.S. Treasury
  • Protected from arrest during sessions (except for treason, felony, or breach of peace)
  • Cannot hold other federal offices while serving in Congress

Section 7 - How Bills Become Laws

  • All revenue bills must originate in the House
  • Both chambers must pass identical versions of a bill
  • President can sign or veto legislation
  • Congress can override a veto with a two-thirds vote in both chambers

Section 8 - Powers of Congress

Congress has the power to:

  • Levy taxes, duties, and excises
  • Borrow money on U.S. credit
  • Regulate interstate and foreign commerce
  • Establish naturalization and bankruptcy laws
  • Coin money and regulate its value
  • Establish post offices and post roads
  • Grant patents and copyrights
  • Create federal courts below the Supreme Court
  • Declare war and regulate the military
  • Make all laws "necessary and proper" to execute its powers

Section 9 - Limits on Federal Power

  • No ex post facto laws or bills of attainder
  • Habeas corpus cannot be suspended except in emergencies
  • No taxes on exports from states
  • No titles of nobility
  • No money drawn from Treasury without appropriation

Section 10 - Limits on State Power

  • States cannot make treaties, coin money, or grant titles of nobility
  • States cannot impair contracts
  • States cannot tax imports/exports without Congressional consent
  • States cannot keep troops or make agreements with other states without Congressional consent