OUTLINE OF CONSTITUTION
ARTICLE 1. Legislative Power (Congress)
Section 1. Establishes Congress as House & Senate
Section 2.
✦ Members of the House of Representatives:
✔ Elected every 2 years
✔ At least 25 years old,
✔ A citizen of U.S. for at least 7 years
✔ A resident of the state electing him
✦ Third clause, nullified by the 14th amendment, established that representatives and direct taxes would be apportioned among the states based on their respective numbers.
✔ “Free persons” counted as 1 person
✔ Indians not taxed did not count at all’
✔ “All other Persons” counted as three-fifths per person.
✦ Congress must perform a census within 3 years after first meeting and at least every 10 years thereafter to determine appropriate representation.
✦ Each representative must represent at least 30,000 people, but each state is entitled to at least one representative
✦ Initially, the states will have the following number of representatives
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New Hampshire: 3
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Massachusetts: 8
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Rhode-Island: 1
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Connecticut: 5
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New-York: 6
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New Jersey: 4
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Delaware: 1
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Maryland: 6
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Virginia: 10
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North Carolina: 5
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South Carolina: 5
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Georgia: 3
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Pennsylvania: 8
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✦ In case of a vacancy, the executive of that state will order an election to fill the vacancy
✦ The House has the sole power of impeachment
Section 3.
✦ Members of the Senate:
✔ Each state will have 2 senators, each of whom will have 1 vote
✔ Initially Senators were to be chosen by the state legislatures, but this was changed to popular election by the 17th amendment in 1913.
✔ Senators will serve 6-year terms. Upon their first meeting, they will immediately divide senators into 3 classes and designate the term of the first class to expire after 2 years and the second class to expire after 4 years (so that one-third will be elected every two years).
✔ Vacancies originally to be filled by the state legislature, by changed by the 17th amendment which requires the executive to order an election to fill the vacancy and empowering the legislature to permit the executive to make a temporary appointment until the election can be held.
✦ Qualifications to be a Senator:
✔ At least 35 years of age
✔ A citizen of the U.S. for at least 9 years
✔ Is a resident of the state he intends to represent
✦ The Vice President will serve as president of the senate but will only cast a vote to break a tie vote
✦ The Senate has the sole power to try impeachments.
Section 4.
✦ Time, place & manner of the election of senators and house members will be determined by the separate states, but Congress can make changes.
✦ Congress must meet at least once each year on [see 20th amendment].
Section 5. Sets up rules for the operation of the house and senate
Section 6.
✦ Senators and representatives will be paid
✦ Senators and representatives will be immune from arrest (prosecution) while going to or from or while in the chambers in Congress.
✦ Congress members cannot hold any other civil office of the U.S.
Section 7.
✦ Only the House can originate revenue-raising bills
✦ How a bill becomes a law
Section 8. Sets forth the Powers of Congress
✦ Levy and collect taxes, duties, imposts and excises, but all duties, imposts and excises shall be uniform throughout the US
✦ Pay debts and provide for the common defence and general welfare of the US
✦ Borrow money.
✦ Regulate commerce with foreign nations and among the several states
✦ Establish a uniform rule of naturalization, & bankruptcies
✦ Coin money, regulate its value, fix the Standard of Weights and Measures
✦ Provide for the punishment of counterfeiting
✦ Establish Post Offices and post roads
✦ “Promote the progress of science and useful arts” by granting patents
✦ Create lower courts
✦ Define and punish piracies, felonies committed on the high seas and offenses against the Law of Nations
✦ Declare war, grant letters of marque and reprisal[1] and make rules concerning captures on land and water
✦ Raise and support armies (but “no appropriation of money to that use shall be for a longer term than two years”)
✦ Provide and maintain a navy
✦ Make rules of governing and regulating land and naval forces
✦ Provide for calling up the militia to enforce US laws, suppress insurrections and repel invasions
✦ Provide for organizing, arming and disciplining the militia; reserving to the states the appointment of officers and the training of the militia according to the rules prescribed by Congress.
✦ Exercise exclusive legislation “in all cases whatsoever, in the [District of Columbia], and to exercise similar authority over places purchased from a state (by mutual agreement) to use for forts, arsenals, dockyards and other needful buildings
✦ “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 U.S. or in any department or officer thereof.”
Section 9.
✦ Essentially giving states the right to import slaves until 1808, but authorizing up to a $10/person tax.
✦ Congress may not suspend the ability of individuals to petition for a Writ of Habeas Corpus[2] (except national emergency)
✦ Congress can’t pass any bill of attainder[3] or ex post facto law.[4]
✦ “No Capitation, or other direct, Tax shall be laid unless in Proportion to the Census or Enumeration herein before directed to be taken.[5]
✦ Prohibits tax on goods exported from any state.
✦ Prohibits favoritism (and taxing) among the states in goods shipped between states
✦ Congress may not spend money without a specific appropriation being passed. Congress must provide a regular budget of all public money collected and spent.
✦ The U.S. will not issue “titles”
Section 10.
✦ Specific things states are prohibited from doing:
✔ Enter into any Treaty, Alliance or Confederation
✔ coin money
✔ issue Bills of Credit
✔ Allow anything other than gold or silver to be considered legal tender
✔ pass any Bill of Attainder, ex post facto law, or law impairing the Obligation of Contracts
✔ grant any Title of Nobility
✦ Specific things states cannot do without the Consent of Congress:
✔ Tax imports or exports (except minimal cost of state inspection)
✔ Any state tax on imports or exports goes to the US treasure
✔ Tax the capacity of ships, keep troups or ships of war in peacetime
✔ Sign any Agreement with another state or foreign government
✔ engage in war unless actually invaded (or in otherwise imminent danger).
[1] A Letter of Marque and Reprisal was a government licence authorizing a private vessel to attack and capture enemy vessels, and bring them before admiralty courts for condemnation and sale. Cruising for prizes with a Letter of Marque was considered an honorable calling combining patriotism and profit, in contrast to unlicensed piracy
[2] Writ of Habeas Corpus: A writ of habeas corpus is a summons with the force of a court order, addressed to the custodian (a prison official for example) demanding that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine if the custodian has lawful authority to detain the person.
[3] A bill of attainder was a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial. "The Bill of Attainder Clause was intended as an implementation of the separation of powers, a general safeguard against legislative exercise of the judicial function or more simply - trial by legislature." U.S. v. Brown, 381 U.S. 437, 440 (1965).
[4] Ex Post Facto is Latin for "after the fact," which refers to laws adopted after an act is committed making it illegal although it was legal when done, or increasing the penalty for a crime after it is committed.
[5] There is no easy explanation of what this provision means. Many deemed the “direct” taxes referenced herein to be the “poll tax” and taxes on land. [“Indirect” taxes were/are taxes on expenses, such as a value added tax.]
