American Government
& Politics
POL 105
Erik Rankin
Lecture 4 –Pgs. 18-35
Preamble – Article I
Preamble
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We the people…(all you really need to know!)
Who really consented?
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Did you consent?
What’s the purpose?
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States Rights or Compact View
Nature, extent, application of power
Does it create power?
Was this document written just to further the framers
position in society?
Article I
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IntroDeals with Congress (Legislative Branch)
 Law making function is solely their responsibility
 Discussion of two houses
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Composition
 Requirements for election
 Duties
 Forbidden activities
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What was the framers intent with Congress?
 Where does the power struggle come between the
President and Congress?
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Article I
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Art. I Sec. I
Creation of a bi-cameral legislature
 Connecticut Compromise (VA, NJ Plans)
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Art. I Sec II (House Qualifications - 435)
House members elected every 2 years, why?
 State determines qualifications but federal rules also apply
 Must be 25 years old and citizen of US for 7 years and an
inhabitant of that state. Hummm?
 Section 3 had first part eliminated, the rest of section deals
with original set up and later quota of 435 determined by
census
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Article I
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Art. I Sec II cont…
Section 4 allows the governor to call a special election in
the event of death or resignation
 Section 5 the Speaker is chosen by the controlling party to
preside over the body
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Article I
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Art. I Sec. III
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Section 1 – 2 senators for each state elected every 6 years (who
elected Senators at first?- how did it change?)
Section 2 – Groupings of Senators based on election timing
 Vacancies changed to fit 17th amendment, how are they changed?
Section 3- Must be 30 year old and US Citizen for 9 years and be an
inhabitant of state (IL experience with this?)
Section 4- VP is tie breaker in senate
Section 5- President Pro Tem is the senator with the longest service
Section 6- House draws up impeachment, Senate acts as jury
Section 7- Only fine of impeachment is removal from office (only 7
officials have been impeached, all federal judges) three presidents
have been brought up, name them.
Article I
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Art. I Sec. IV
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Clause 1- Rule has first Tuesday after the first Monday for
elections (set in 1872)
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Amendments 14, 15, and 17 have additional requirements we will
discuss later
Clause 2- superseded by 20th amendment
Art. I Sec. V
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Clause 1- Each house may refuse to seat a member
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Changed with Powell v. McCormack
Clause 2- Members choose day to day activity of the floor
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Cannot be impeached but may be removed by 2/3rds of the
specific house
Article I
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Art. I Sec. V cont…
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Clause 3- Each house must keep and publish proceedings
of votes on issues unless secrecy is required
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1/5 must call to publish
Clause 4- Neither house can adjourn for more than 3 days
and both houses must sit in same place
Article I
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Art. I Sec. VI
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Clause 1 – Members of Congress are exempt from
arrest in order to protect their independence in the
legislature
Except for civil suits (money) and felonies
 May not be sued for slander
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Clause 2- No member of Congress can hold any other
office during their term
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They must first resign before taking any other post
Article I
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Art. I Sec. VII
Clause 1- Tax bills always originate in the House, why?
 Clause 2- How a bill becomes a law
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Bill passed in House and Senate sent to President for
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Signature, Veto, Pocket Veto
If vetoed it may be overridden by 2/3rds vote of both houses
 We will cover this more in depth in the Congress chapter
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Clause 3- Congress can push its opinion on things that are
not proper for legislation. Such as the Gulf of Tonkin
Resolution approving Johnson’s conduct with Vietnam
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Art. I Sec. VIII
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Article I
Specific powers of Congress, no power in foreign relations
(some are implied)
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Congress may collect taxes, borrow money, regulate commerce
(interstate), determine naturalization, coin money, punish
counterfeiters, create post offices and infrastructure, issue patents,
create courts inferior to the Supreme Court (Art. III), determines
crime on the seas against the US, to declare war, to raise armies,
to provide a navy, to make rules for military, to maintain a militia
(national guard) and call when needed, may control militia when
needed, jurisdiction over all federal property (military bases),
make all laws that are “necessary and proper” by the Constitution
Article I
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Art. I Sec. IX
Clause 1- slave trade, obsolete
 Clause 2- Writ of Habeas Corpus, “you have the body”
shall not be suspended, unless?
 Clause 3- No Bill of Attainders or ex post facto laws
 Clause 4- no longer used, refer to 16th amendment
 Clause 5- No duties paid on exports
 Clause 6- Import duties are the same at all ports
 Clause 7- No money can be paid out with out
Congressional approval, HUGE power!
 Clause 8- No titles of nobility
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Article I
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Art. I Sec. X
Clause 1- No state may enter into agreements with foreign
nations
 Clause 2- No state may charge export duties or import
duties, but inspections are allowed
 Clause 3- No tonnage fees, no state led armies that are
exempt form federal regulation, joint approval between
states requires congressional approval
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