Article I: The Legislative Branch
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Introduction to the US Constitution is called the preamble.
Facts:
o 7 Articles
o 27Amendments
o First 10 Amendments to the US Constitution are called the Bill of Rights.
o Eminent domain – government may take private property for public use with just
compensation
Federal System
National Government
*Provide an army and navy
*Conduct foreign affairs
National and State Government
*Enforce the laws
*Eminent Domain
*Establish courts
*Collect taxes
*Charter banks
*Borrow Money
*Set up Federal Courts
*Provide for the general welfare
*Regulate trade
*Coin Money
Enumerated Powers
State Government
*Regulate trade within the state
(intrastate commerce)
*Establish a local government
*Conduct elections
*Establish marriage/divorce laws
*Establish public schools
*Establish laws governing
corporations
*traffic laws
Concurrent Powers
Reserved Powers
Look in notes for more.
1. Congress
a. Meets once a year
b. Made up of two houses: House of Representatives and Senate
2. House of Representatives:
a. Term of office – 2 years
b. Qualifications
i. Must be at least 25 years old
ii. U.S. citizen for 7 years
iii. Resident of the state elected.
c. The number of members in the House of Representatives is based on population.
i. Total number in the House is 435 members (set in 1929).
d. The leader in the House is the Speaker of the House which is the leader of the majority party
and is responsible for choosing the heads of various House committees/appoints people to select
committees.
3. Senate:
a. Term of office – 6 years
b. Qualifications
i. Must be at least 30 years old
ii. U.S. citizen for 9 years
iii. Resident of the state elected.
c. The number of members in the Senate is based on 2 per state.
i. Total number in the Senate is 100 members.
d. The President of the Senate is the Vice President of the USA whose only duty is to cast the
deciding vote in case of a tie.
i. President pro tempore takes the place of the President of the Senate in case of an
absence.
4. Impeachment Process
a. Definition of impeach: to bring charges against
b. Sole power of impeachment: House of Representatives
c. Acts as the judge - Chief Justice of the U.S. Supreme Court
d. Acts as the jury and the trial takes place here - Senate
5. Elections
a. Held on the 1st Tuesday after the 1st Monday in November.
November
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6. Organization/Privileges
a. Quorum is the minimum # of members that must be present for House or Senate to conduct
sessions,.
b. If a member of the House is accused of disorderly conduct, then the House will punish that
member.
c. If a member of the Senate is accused of disorderly conduct, then the Senate will punish that
member.
d. Congressional Record - a complete official record of everything said on the floor
e. Neither house can adjourn for more than 3 days without the permission of the other house.
f. Immunity - members can’t be sued for anything that they say in Congress.
7. Passing Laws
a. Revenue Bills originate in the House.
i. Chief source of revenue is taxes.
b. How a bill becomes a law:
i. House  Senate  President
8. Enumerated
a. Revenue
b. Borrow money
c. Commerce (trade)
d. Naturalization and bankruptcy
e. Currency
f. Counterfeiting
g. Post office
h. Copyright and patent laws
i. Courts
j. Piracy
k. Declare war
l. Army
m. Navy
n. Rules for armed forces
o. Militia
p. Natural Guard
q. Nation’s capital
r. Elastic Clause – “necessary and proper” clause
i. Must be related to one of the enumerated powers
9. Powers Denied the Federal Government
a. Writ of Habeas Corpus
i. Must have a body of evidence to detain a suspect
ii. May be suspended during time of war
b. Bill of attainder
i. Can’t punish you without a jury trial
c. Ex post facto law
i. Makes an act a crime after the act has been committed
Review Notes for Final
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Town meetings and the House of Burgesses were steps in the growth of democracy.
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The First Continental Congress was formed due to colonial frustration with the laws passed by
Parliament.
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The Battle of Saratoga in the American Revolution led to the entrance of France on the American side.
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Thomas Jefferson wrote the Declaration of Independence.
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Thomas Paine wrote Common Sense.
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Large landowners during the Middle Ages were called Lords.
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The route from Africa that brought enslaved Africans to America was called the Triangular Trade Route.
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American advantage during the Revolutionary War was that they were fighting for a cause.
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Proclamation of 1763.
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Navigation Acts were passed to control colonial trade.
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1st written constitution of the United States was the Articles of Confederation.
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Mayflower Compact was written to establish principles of government in the new colony.
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Declaration of Independence said that people have the right to alter or abolish government if that
government violates their natural rights. (This idea came from John Locke.)
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The House of Representatives is the one that responds most directly to the will of the people.
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Small states during the Constitutional Convention wanted equal representation.
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The US Constitution has survived because it combines a strong framework for government with
flexibility.
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Preamble of the US Constitution – lists the goals of the government, tells that the authority comes from
the people (ordinary Americans), and the defense means protection from foreign enemies.