The U.S. Constitution on Sundays: Article I

A lot of Americans have a basic understanding of the U.S. Constitution yet really don't understand its concepts given in them. You can ask any average American out there about the Constitution the answers you would likely to receive is "the freedom of speech", "right to bear arms" or "pleading the fifth". They are the most important rights on the Constitution but there is more to those basic rights. The Constitution is the basis of how our government works. There are certain powers that each branch of government can and cannot do. So you wondering why President Obama should have told Congress to go this way or that way on an issue you care about it's not the fact that he is not strong on Congress; it is because the president is very limited in domestic matters. His people through the President's Chief of Staff and other presidential aides can advocate how a bill should or the President can advocate on an issue but it is up to the Congress to legislate properly with the idea you care about. I want to teach you in layman's terms what the Constitution is all about. Consider it my "U.S. Constitution for Dummies". These come from my notes on the constitution from a Constitutional Law class I have taken in September 2008. Every Sunday, I will give you parts of the Constitution with some facts and tidbits about it. I will also give important cases that deal with the Constitution. I feel as Americans it is imperative that we must learn everything about the Constitution from the Article to all of the Amendments. Otherwise we forget of what our rights in this country are. I am doing this as a public service to the people and those who are curious about the Constitution. Take for example the faux-controversy of the mosques being built around the country. People are outraged about how mosques are being built in their neighborhoods. The most notable is the Islamic Cultural Center/mosque being built around the World Trade Center site area in New York City in the Lower Manhattan area. Seeing that the Islamic religion is a "threat" to mainstream society and not what it really is a religion of peace, some people are against the Islamic center from being built. Most say that the center "offends" September 11^th victims because it is two blocks away from the World Trade Center site. Others say that the area is "sacred ground" because of the multitudes of victims that died that day. Having such a center is "inappropriate" there. They have valid points about the concern of an Islamic center by the Ground Zero area but , many forget that under the First Amendment under the freedom of religion provision a place of worship such as the proposed cultural center and mosque could be placed there. In fact, many did not know there was a mosque known as Masjid Manhattan on Warren Street between West Broadway and Church Street that has been there since 1970 without any controversy. It has been there before the World Trade Center Towers were built, during the Twin Towers existence and after the Twin Towers have fallen. Due to the freedom of religion you have a right to practice or not practice you religion. However, the mainstream media fails to tell you this and Fox "News" generates the fake controversy to help their conservative politicians.

Tonight I will show you the Preamble ("We the People") and Article I of the Constitution that speaks about the Legislative Branch:

The U.S. Constitution Explained

The U.S. Constitution is divided in to 3 major parts

• The Preamble
  
• The Body (The Articles of the Constitution)
  
• The Amendments to the Constitution (Currently 27 Amendments)
  

The Preamble:

The Preamble to the Constitution sets out the purpose of the U.S. government like mission statements on a corporate charter. The opening line for the Preamble is "We the People". It was written by James Wilson of Pennsylvania. The 'We the People' line establishes popular sovereignty or government by the people for the people. As stated before the Preamble of the Constitution sets out the major goals and purposes of the government. In the Preamble it states the purposes in the U.S. Government are:

-To form a more perfect union.

-Establishing justice

-Providing a common defense

-Provide tranquility (peace)

- Promote or care for its citizens

-To secure the Blessings of Liberty for ourselves and future generations.

The Articles

There are 7 articles in the Constitution which sets up the organization and structure of the U.S. Government

The Amendments

Since its inception there have been 27 amendments that are added on the Constitution that describes the rights that people have in the relationship with the federal government. The very first 10 amendments are called the Bill of Rights that was passed in 1791. The Bill of Rights describes the most important freedoms that the people have. Currently there are 26 active amendments with the 18^th Amendment being repealed.

The full text of the Preamble:

We the People,of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish the Constitution for the United States of America.

Article I

The Legislative Branch and its Powers

Section 1: Creation of the Legislative Branch and Setup

• The legislative powers are with the United States Congress ("Congress") which is composed of a bicameral (two-house) body. The United States Senate (the upper house) and the House of Representatives (the lower house)
  
• SIDENOTE: The Senate has 100 members based on equal representation and the House has 435 members based on population.
  

Section 2: The House of Representatives

• Members for the House are elected every 2 years and are chosen by the states.
  

  To hold office for the House, a candidate must be 25 years old and a citizen of the U.S. for 7 years and a resident of the state for that same amount of time
  

  
  

• The representatives are chosen by state population
  

• State population and taxation is determined by the number for "free persons" and Indentured Servants. ("Persons…those bound to Service for a Term of Years") Native Americans are excluded. Slaves are counted as three-fifths of a person. (This means for every 5 slaves is equal to 3 free whites. This is known as the three-fifths clause, it was later invalidated by the 14^thAmendment)
  

• The Constitution allotted the 13 colonies a number of representatives to their states within the first 3 years after the first meeting of Congress:

  New Hampshire: 3
  

  Massachusetts: 8
  

  Rhode Island: 1
  

  Connecticut: 5
  

  New York: 6
  

  New Jersey: 4
  

  Pennsylvania: 8
  

  Delaware: 1
  

  Maryland: 6
  

  Virginia: 10
  

  North Carolina: 5
  

  South Carolina: 5
  

  Georgia: 3

• The amount of congressmen is determined by the census conducted every 10 years.
  
• One representative per 30,000 people inside the state.
  
• If there is a vacancy in the congressional district, the State governor has to call a special election to fill the vacancy
  
• House members choose a Speaker of the House and other House leaders and have the sole power of impeachment.
  

Section 3: The United States Senate

• Two senators are chosen from the States and hold a 6 year term. Each senator has one vote in the Senate. Senators are chosen by the State Legislature (Senators are now elected under the 17^th Amendment)
  

  
  

• Senators have 3 staggered elections terms called classes within the 6 year period that the senators has. Every two years one-third of the senators (33 or 34 senators) are up for reelection. (Example: Senator Hillary Clinton's senate term is due in 2012 since she has been re-elected in the Senate in 2006 with 32 other senators. She and her colleagues are Class I senators. In the next 2 years in 2014 Senator Chuck Schumer is a Class II senator. He is up for reelection after being elected 2008 with another 33 senators and 2 years after that Senator Barbara Boxer of California is up for reelection as a Class III senator in 2016 after being elected in 2010 with 32 more senators)

• If there is a vacancy in the Senate by resignation or otherwise the State legislature can appoint someone to fill the vacancy. (This clause has been surpassed by the 17^th Amendment which states that the Governor of a state can appoint someone to fill the vacancy for the current session until the next session when a special election can be called.)
  

• To hold Senate office one must be 30 years old and a citizen of the U.S. for nine years and be a resident of that state at the time of the election.
  

• The Vice President serves as the President of the Senate but only votes if there is a tied vote in the Senate
  

• Senators choose the President pro tempore in lieu of the Vice President's absence and choose other Senate leaders. (The President pro tempore is the most senior senator of the majority party and ceremonially presides over the Senate. In day-to-day operations that is delegated to ranking senators in the majority party)
  

• The Senate tries all impeachment proceedings as a jury. When a president is under impeachment the Chief Justice of the Supreme Court presides. There are no convictions unless there is a two-thirds majority of the senate (i.e. 67 senators)
  

Section 4: Congressional Elections

• Elections for House and Senate members are determined by the States. Congress can make changes except for choosing Senate seats.
  
• Congress must assemble once each year. Meetings for a session of Congress begin every first Monday in December unless a different day is appointed by law.
  (Congress under the 20^th Amendment now assembles for a yearly session every January 3^rd)

  
  

Section 5: Congressional Procedure & Member Qualification

• Both House and Senate judge their elections and qualifications of its members.
  
• A small majority or a quorum of congressional members is needed to do daily congressional business. A smaller number of members can adjourn the daily session and compel a congressional member to appear on the legislative floor.
  
• Both houses determine the rules for proceedings and disciplinary procedures for its members. Two-thirds vote is needed to expel a member.
  
• Neither house during the session of Congress can adjourn for more than 3 days without the consent of the other house or hold a session in any other place where Congress is meeting.
  
• Both houses are required to keep journals of their proceedings to be published for the public record. However, either house can choose parts that are secret to not be included in the journal. All decisions made by the House not debates are recorded in the journal if there is one-fifth of members (87 members) if there is a sufficient quorum present to request to record the members votes. The votes on each of the congressional member on a specific item on the House or Senate floor are entered in the journal.
  

  
  

Section 6: Compensation of Congressional Members, Privileges and Holding Civil Office

• House and Senate members are paid by law for their services from the Treasury. House and Senate members can set their own pay. (However, under the 27^th Amendment any change in congressional pay will start in the following session of Congress after the Congressional election.)
  

  
  

• For any crime except treason, felonies and breach of the peace no Congress member cannot be questioned or arrested on the House or Senate floor (Immunity Clause)
  

  
  

• No House or Senate members can hold or receive any pay and benefits from any other office in the federal government while a sitting member of Congress. (This is known as the Ineligibility Clause of the Constitution. However a procedural mechanism called the Saxbe fix is used for congressional members appointed to a Cabinet position or other Federal office to be eligible for the appointment. The Saxbe fix is a reduction in pay and benefits of the outgoing congressional member appointed to federal office until their current term in Congress expires. After their expected term expires they are eligible for the higher pay of the office they are occupying.)
  

Section 7: Bills

• All bills of raising revenue and taxes starts in the House (Power of the purse)
  
• A bill that is passed in the House or Senate is presented to the President to be approved (to sign into law) or to veto it.
  
• If the law is vetoed by the President a two-thirds majority in Congress is needed to override a veto.
  
• If the bill is not returned to the President in 10 days (except Sundays) the bill becomes a law. However, if the President fails to return the bill to Congress before they go into recess, the bill dies. (This is known as a "pocket veto".)
  

The above procedures is known as the Presentment Clause

Section 8: Enumerated Powers

The powers of Congress are:

• Collect and levy taxes, duties, excises and borrow money to pay for the general welfare and defense of the country (Taxing and Spending Clause)
  
• Establish commerce between states, foreign nations and Indian tribes
  

  (Interstate and Dormant Commerce clauses) (See Note 1 on Dormant Commerce Clause
  

• Create rules of naturalization and uniform laws of bankruptcy
  
• To make and regulate money and make a standard weight and measures
  
• Determine punishment of counterfeiting
  
• Establish a postal service and post roads
  
• Promote arts and sciences., Allow authors and inventors exclusive rights to their writing and discoveries (Copyright clause)
  
• Create lower federal courts to the Supreme Court (Article I Courts)
  
• Establish punishments for piracy, felonies, and other crimes on international waters or in violation of international laws.
  
• Declare war, grant letters of marques and prize courts (See Note 2)
  
• Raise and support armies. Appropriation of all monies for the army only goes for no more than two years.
  
• Support and maintain a Navy
  
• Make rules for government. Make regulations for the Military
  (UCMJ- Uniform Code of Military Justice)
• Calls a militia (National Guard) to suppress invasions and insurrections (Militia Clause)
• Provide the ordering, arming, training, and disciplining of the military
  
• Provides the militia for the states federalize them by Congress in cases of emergency.
  
• Creates a federal district no larger than 10 miles squared (100 Sq. miles) for the seat of government and government offices, forts and other government buildings
  
• Make all laws "necessary and proper" to carry out execution of all above powers and other powers given to Congress (The Necessary and Proper or Elastic Clause)
  

Section 9: Limits of Congressional Power

• Allows importation of slaves until 1808, Imposes a $10 duty for each slave
  
• Habeas corpus cannot be suspended unless in a state of emergency (Used in times of rebellion or overthrow of U.S. Government- This is known as the Suspension clause)

• No bills of attainder (A bill of attainder is legislative act declaring a person or a group guilty of a crime and punishing them without a trial)
  
• No ex post facto laws (An ex post facto law also known as a retroactive law is a law that reverses the legal consequence of an action committed or changes the legal status of the facts and relationships or conditions prior to the law being passed)
  
• No taxes or duties should be levied on exports from the states or taxes levied on articles exported from the states.
  
• No capitalization (poll taxes) or direct taxes should be levied unless it is proportional to state population. (Superseded by the 16^th Amendment)
  
• Congress cannot regulate or by revenue or show preference on one port over another port or allow ships to pay duties from one state to another.
  
• Monies that are appropriated by Congress must show statements of all public expenditures.
  
• No titles of nobility should be granted by Congress. A civil officer with congressional permission can accept a foreign title or office.
  

Section 10: Limits on the States

Contracts Clause

• States cannot enter treaties or alliances, declare war, create currency, bills of credit or use anything that is legal tender, pass bills of attainder or ex post facto laws or grant titles of nobility.
  

  
  

Exports Clause

• States cannot without congressional permission lay duties or imposts on imports or exports except to fulfill state inspection laws. The revenue of the taxes is paid to the Treasury.
  

  
  

Compact Clause

• States cannot enter any compacts or agreements with other states or foreign countries.
  
• States cannot also keep troops or armies in peacetime or engage in war unless invaded. States can, organize and arm militias
  

Note 1: Dormant Commerce Clause-Known as the Negative Commerce Clause is the reverse of the Interstate Commerce Clause. The Dormant Commerce Clause provides a restriction to states passing laws that delays or burdens interstate commerce even in the absence of conflicting federal statue (Source: Wikipedia)

Note 2:
Letters of Marque- An official warrant or commission by governments authorizing an agent to search, seize or destroy specific items assets or personnel belonging to a foreign party that violated international law. Prize Courts-A court or a government official that determines that items or ships seized in wartime was lawful under the letters of marque. Prize courts can order sales or destruction of the items with disbursement of any funds seized by the seizing ship. They can return the seized goods if the search and/or seizure was unlawful. Under 10 U.S.C §7651-§7681 gives the U.S. District Courts jurisdiction to hear prize cases. Since adoption in 1956 no prize cases have been heard. (Source: Wikipedia)

Feel free to ask questions or comments if you like. Were here to learn and I here to answer questions. (DISCLAIMER: I'm not an expert on the Constitution but I do know some things about it !)