Article I: The Legislative Branch
Congress touches our lives most closely.
Structure –
2 houses: House of Representatives and Senate
House of Representatives:
435 voting members + 5 nonvoting delegates from territories
Number is based on population
2 year term (begins and ends at same time)
Senate:
100 members (2 per state)
6 year term – 1/3rd comes up for
reelection every 2 years
Representing Voters –
Constituents – voters who elect public officials to represent them
Lawmaking –
1000s of bills or proposed laws come before Congress each year
Committees are set up to examine the bills
*Standing/permanent committees – specialize in different areas such as agriculture, trade, energy, or
foreign affairs
Both Houses must pass legislation in exactly the same language.
 Pass different versions of a bill --- create a conference committee of members of both houses to iron
out their differences
 Both House and Senate must approve the conference committee’s version of the bill before it is sent
to the President.
 Most bills never make it out of committees.
 More than 90% of bills die in committees.
Investigating Wrongdoing
Impeachment 
House brings charges against members of other 2 branches. House has sole power of impeachment.
Senate holds a trial to decide if charges are true.
Found guilty  removed from office
ARTICLE I: LEGISLATIVE BRANCH
Section 1: 2 houses of Congress
Section 2: The House of Representatives
1. Elected every 2 years for a 2 year term
2. Qualifications:
a. 25 years old
b. Citizen of US for 7 years
c. Resident of the state they represent
3. # is based on state population
a. # in house is set @435 (1929)
b. Reapportionment of seats based on population shifts instead of addition
4. Vacancies
Filled through special elections called by the state’s government
5. Officers
Speaker of the House is the leader of the majority party in the House and is responsible for choosing
the heads of various House committees
Section 3: The Senate
1. # is chosen by state legislature
a. 17th amendment changed to where directly elected by people.
b. 100 members = 2 per state
rd
2. 1/3 of Senate is elected every 2 years for a 6 year term (staggered)
3. Qualifications
a. 30 years old
b. Citizen of US for 9 years
c. Resident of the state where elected
4. President of Senate is the Vice President of US whose only duty is to preside over the Senate.
a. Only real power is to cast the deciding vote when there is a tie
5. Other officers
a. Senate selects President Pro Tempore, the presiding officer who serves when the President of
the Senate (Vice President of the USA) is absent or has become President.
6. Trial of Impeachment
a. Chief Justice serves as judge.
b. Senate serves as jury.
c. 2/3rds of member present necessary to convict
7. Penalty
a. Remove from office and prevent them from holding another federal position
b. Convicted official may still be tried for same offense in regular court.
Section 4: Elections and Meetings
1. 1st Tuesday after 1st Monday in November
2. Regular session begins January 3rd.
Section 5: Organization and Rules of Procedure
1. quorum
a. minimum # of members that must be present for House or Senate to conduct sessions
b. House – 218 out of 435
2. Each house sets its own rules and punishes its members for disorderly behavior and expel if necessary.
3. Congressional Record – a complete official record of everything said on the floor
4. Neither house may adjourn for more than 3 days without permission of other house (or move to another
location)
Section 6: Privileges and Restrictions
1. Congressional salaries are paid by US Treasury.
a. It was $6 a day.
b. Now it is $136,700.
c. Immunity – members can’t be sued or prosecuted for anything that they say in Congress
d. Can’t be arrested while Congress is in session except for treason, major crimes, or breaking the
peace
2. Congress can’t pass laws that would benefit themselves.
Section 7: Passing laws
1. Revenue bills originate in House
a. Chief source = taxes
2. How Bills become laws
a. Only by passing both houses of Congress and signed by President
b. 2/3rdes vote by both houses to override a Presidential vote
c. Not signed within 10 days – automatically a law – “pocket veto”
3. Presidential Approval or Veto is a check on Congress
Section 8: Powers Granted to Congress ---- “Enumerated Powers”
1. Revenue
a. Power to raise and spend revenue
2. Borrow money by issuing bonds
3. Commerce
4. Naturalization and Bankruptcy
5. Currency – control
6. Counterfeiting – illegally imitating or forging
7. Post office
8. Copyright and Patent laws
9. Courts – federal courts (can establish)
10. Piracy – power to protect American ships on the high seas
11. Declare War
12. Army
13. Navy
14. Rules for Armed Forces – regulations to deal with military disciple
15. Militia – organized by states – National Guard
16. Natural Guard – can pass rules for governing its behavior
17. Nation’s Capital – right to make laws for DC
18. Elastic Clause – “necessary and proper” clause
a. Must be related to one of the enumerated power
Section 9: Powers Denied to the Federal Government
1. Slave trade
a. Regulate with Congress exclusive control over interstate commerce
2. Habeas Corpus
a. Latin “you may have the body”
b. A writ of habeas corpus issued by a judge requires a law official to bring a prisoner
c. May be suspended during wartime
3. No Bill of Attainder
a. Can’t punish without jury trial
b. Expost facto law – makes an act a crime after the act has been committed
4. Direct taxes
a. 16th Amendment
b. Congress passes an income tax
5. Tax on exports
a. Can’t tax goods that move from 1 state to another
6. Uniformity of Treatment
a. Can’t favor one state or region over another in regulation of trade
7. Appropriation law
a. Protects against misuse of funds
b. i.e. President’s expenditures with permission of Congress
8. Titles of Nobility – prohibits
Section 10: Powers Denied to States
1. Limitations – States can’t . . .
a. Conduct foreign affairs
b. Carry on war
c. Control foreign/interstate commerce
d. Pass laws that the federal gov’t is prohibited from passing
2. Export and Import Taxes (Can’t)
3. Duties, Armed Forces, War --- can’t . . .
a. Maintain an army/navy
b. Go to war (except in cases where a state is directly attacked)
c. Collect fees from foreign vessels
d. From making treaties with other nations