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United States Constitution: Article 1. The Legislative Branch

The Constitution Explained

Making the Law

ARTICLE 1

Article 1 covers the Legislative branch of the national government of the United States. 

Section 1. Establishes what this Legislative branch is. It is called Congress and it makes the laws for the United States of America. Congress is divided into two separate Chambers: A Senate & A House of Representatives

Sections 2-3. The Congress

Section 2. U.S. House of Representatives
Section 3. U. S. Senate

Photograph: Representative Jeannette Rankin of Montana

Representative Jeannette Rankin of Montana
(1917–1919, 1941–1943)
First Woman to serve in the House of Representatives
Source: Stuart Rankin

Photograph: Senator Robert LaFollette

Senator Robert LaFollette of Wisconsin
(1906-1925)
Source: Library of Congress

United States House of Representatives website Unites State Senate website
Elected for a two-year term Elected for a six-year term.
Every two years, one third of the Senate is up for election.
Chosen by the State's voters.
States set the requirements on who could vote.
Chosen by the State legislature.
(Changed by 17th Amemdment)

Representatives must be: 

  • 25 years old
  • a United States Citizen at least 7 years
  • live in the State they represent

Senator must be:

  • 30 years old
  • a United States Citizen at least 9 years
  • live in the State they represent

Number of Representatives

  • Every State gets at least one member.
  • Number of Members for each State:
  • Determined by a Census every ten years
  • Counting all free men, women and children,
  • including indentured servants);
  • Each slave counted as three-fifths of a person
  • (Text in red changed by the 14th Amendment);
  • Untaxed Native Americans are not counted.
Each State has two Senators.
Vacancy. State's Governor calls a Special Election
when a Member dies or leaves office.

When a vacancy occurs mid-term,
state legislature appoints replacement.
If the legislature not in session,
the Governor appoints a temporary replacement.
Changed by the 17th Amendment.

Leadership. Picks its own leaders, including the Speaker of the House
  • The Vice President is the President of the Senate. 
  • The Vice President can only vote in the Senate
  • if there is a tie.
  • Senate picks its officers include a president pro tempore.
  • They act as president of the Senate,
  • if the Vice President is gone or acting as President.
Impeachment. Has the Power to Impeach federal officials.
  • Senate tries federal officials impeached by the House.
  • If the President is on trial, the Chief Justice of the Supreme Court presides.
  • It takes two-thirds of the Senators to convict.
  • If convicted, a person can only be removed from office
  • and not be allowed to hold any other federal office.

Movies about Congress

Sections 4-7. Congressional Housekeeping

Section 4. Elections and Meetings of Congress.
  • State legislatures set time, place, and way of holding elections for Representatives and Senators.
  • Congress can change these rules except for the place where Senators are elected.
  • Congress must meet at least once every year.
  • That meeting on the first Monday of December.
  • Meeting date changed to January 3 by the 20th Amendment
  • Unless Congress makes a law to change the date.
Section 5. Procedural Rules.
  • Each Chamber judges the elections, results and qualifications of its members.
  • A majority of each Chamber is a quorum to hold a vote.
  • A number less than a majority may decide to adjourn for the day.
  • Less than a majority of members can force absent members to show up.
  • Each Chamber decides its own rules for doing business and disciplining members.
  • It takes two-thirds of the members to kick somebody out.
  • Each Chamber keeps a journal of its meetings.
  • Each vote in both Chambers is recorded in that Chamber's journal if one-fifth of the members agree.
  • During a session of Congress, neither Chamber may adjourn for more than 3 days without the other Chamber's permission.
  • Both Chambers must meet in the same place.
Section 6. Pay and Privileges
  • Legislators are paid for their work
  • Salaries are set by law.
  • (Amendment 27 says that the members in the current session cannot vote to raise their salaries for that session.)
  • Legislators cannot be arrested while working or going back and forth to work, except for a serious crime.
  • Legislators cannot be sued or punished for their speeches or debates any place.
  • During their term of office, a legislator cannot hold a government job.
Section 7. How Congress makes laws
  • All tax bills have to start in the House of Representatives.
  • The Senate can suggest changes.
  • Either Chamber can propose all other bills.
  • Both Chambers have to approve all bills before they go to the President.
  • Once a President signs a bill it becomes a law.
  • If the President vetoes a law, it is sent back to the Chamber where it started with their objections.
  • The President's veto can be overridden by two-thirds vote of each Chamber. 
  • If a President doesn't send it back to Congress within ten days, the bill becomes law.
  • If Congress is not in session and the President doesn't sign the bill, it doesn't become law. (This is called a pocket veto.)

Section 8. What Congress can do

  • Create and collect taxes.
  • Borrow money.
  • Regulate trade with other nations, between states and with Native Americans.
  • Determine citizenship and naturalization.
  • Create bankruptcy laws.
  • Establish immigration rules.
  • Coin and print money and punish counterfeiting.
  • Decide the value of weights and measures.
  • Establish Post offices and postal routes.
  • Protect copyrights and patents.
  • Create a Federal Court System.
  • Punish piracy.
  • Declare war and peace.
  • Provide for an army and navy.
  • Call out the civilian militia into service.
  • Provide rules for the militia.
  • Create and govern a federal district for the capital.
  • Control all federal properties within a state.
  • Any power to exercise the listed powers.

Section 9. What Congress can't do

  • Congress could not prohibit the importation of slaves until 1808.
  • It did have the right to tax states a much as ten dollars per imported person.
  • The Writ of Habeas Corpus cannot be taken away, except in cases of rebellion or invasion. (The Writ of Habeas Corpus is a requirement that the government explain to a judge why a person was arrested.)
  • A person cannot be punished without a trial.
  • A person cannot be convicted of a breaking a law which did not exist when the person committed the act.
  • Congress can't tax individuals directly. (Changed by the 16th Amendment.)
  • Congress can't tax anything the states export.
  • Congress can't favor one state over another.
  • Congress can only spend money if it is permitted by law.
  • The United States government cannot give out titles of nobility.
  • No federal office holder may accept a gift of value from the government of another country without Congressional approval.

Section 10. What the States can't do

  • Can't make treaties or alliances with other countries.
  • Can't enter into interstate agreements without the approval of Congress.
  • Can't print or coin money.
  • Issue its own credit.
  • Allow payment of debts by anything other than gold or coin.
  • Seize private property.
  • Pass laws that make someone guilty of a crime after the crime was committed.
  • Alter private contracts.
  • Award titles of nobility.
  • Can't tax imports and exports unless its necessary for inspection purposes.
  • Can't tax the cargo of ships.
  • Can't fight wars without the approval of Congress.

Additional References

Beeman, R. R. (2010). The Penguin guide to the United States Constitution: a fully annotated Declaration of Independence, U.S. Constitution and amendments, and selections from The Federalist Papers. Penguin Books. 
Hennessey, J., & McConnell, A. (2009). The United States Constitution: a graphic adaptation. Hill and Wang. 
Harper, T. (2016). The complete idiot's guide to the U.S. Constitution. Alpha Books, a member of Penguin Random House LLC. 
Kennedy, K., Kirchner, B., & Roosevelt, K. (2020). The Constitution decoded: a guide to the document that shapes our nation. Workman Publishing Company. 
Monk, L. R. (2015). The words we live by: your annotated guide to the Constitution. Hachette Books.