Constitution Session II

by Michael Fiala on April 9, 2010

Constitution Study Group Video 3-20-2010

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CONSTITUTION STUDY GROUP
Session 2

Article I, Sections 1 – 7

I. Introduction

A. Review last month – Preamble
B. Separation of Powers

  1. Usually: Legislative, Executive, Judicial
  2. Must include: States and the People also

LEGISLATIVE POWERS

II. Article I, Section 1

A. “All legislative powers herein granted…vested in Congress….”

  1. Legislative powers may not be delegated
    a. Bureaucracy (e.g. EPA) – Whitman v American Trucking Associations
    b. Executive orders
    c. Signing statements (more later)
    d. Judiciary
  2. The “legislative powers…herein granted” mostly relate to enumerated powers in Article I, Section 8.

HOUSE OF REPRESENTATIVES

III Article I, Section 2, Clause 1

A. “House of Representatives…Members chosen every second Year by the People of the several States….”
B. Election by districts added later by law

IV. Article I, Section 2, Clause 2

A. Elector qualifications for House
B. Same as State qualifications for most numerous legislature

V. Article I, Section 2, Clause 2 (continued)

A. Qualifications for Representatives
B. Are they the minimum or maximum?
C. Term limits

VI. Article I, Section 2, Clause 3

A. Representative Apportionment
B. Proportional to population (Great Compromise)
C. Three-fifths clause

VII. Article I, Section 2, Clause 3 (continued)

A. Enumeration (census) clause
B. “actual enumeration” versus statistical sampling
C. Breadth of information collected

VIII. Article I, Section 2, Clause 3 (continued)

A. Allocation of Representatives
B. Not more than one per 30,000 people

IX. Article I, Section 2, Clause 4

A. State executive writs of election to replace representatives

X. Article I, Section 2, Clause 5

A. Election of Speaker of House and other officers

XI. Article I, Section 2, Clause 5 (continued)

A. Impeachment
B. House as Grand Jury (also as prosecutors)

SENATE

XII. Article I, Section 3, Clause 1

A. Composition

  1. Two from each state (Great Compromise)
  2. Six year terms
  3. Each senator has one vote
  4. Chosen by State legislatures (Cf. 14th Amendment)

XIII. Article I, Section 3, Clause 2

A. Classes and filling vacancies

  1. Vacancies filled by appointment or legislative vote

XIV. Article I, Section 3, Clause 3

A. Qualifications for Senators

XV. Article I, Section 3, Clause 4

A. Vice-President as Presiding Officer

  1. Only votes in a tie

XVI. Article I, Section 3, Clause 5

A. President Pro-Tempore of Senate

  1. Presides in the absence of the Vice-President

XVII. Article I, Section 3, Clause 6

A. Trial of Impeachment

  1. Has sole power to try all impeachments
  2. Chief Justice of Supreme Court presides
  3. Takes two-thirds to convict

XVIII. Article I, Section 3, Clause 7

A. Punishment for impeachment

  1. Removal from Office
  2. Not eligible to hold Federal office in future
  3. Still liable to trial and possible punishment

GENERAL CONGRESSIONAL

XIX. Article I, Section 4, Clause 1

A. State regulations for election Congressmen

  1. Congress may over-ride except for location

XX. Article I, Section 4, Clause 2

A. Meetings of Congress

  1. At least once per year

XXI. Article I, Section 5, Clause 1

A. Qualifications and Quorum

  1. Each House judges elections, returns, and qualifications
  2. Majority constitutes a quorum
  3. May compel attendance

XXII. Article I, Section 5, Clause 2

A. Rules and Expulsion

  1. Each House determines rules of proceeding
  2. May punish members for disorderly behavior
  3. May expel members by two-thirds vote

XXIII. Article I, Section 5, Clause 3

A. House Journal

XXIV. Article I, Section 5, Clause 4

A. Adjournment

  1. Must have permission of other House to adjourn for more than three days
  2. Neither House may move to another place without permission.

XXV. Article I, Section 6, Clause 1

A. Compensation

  1. Amount determined by Law
  2. Paid by Federal Treasury

XXVI. Article I, Section 6, Clause 1 (continued)

A. Privilege from Arrest

  1. Except for Treason, Felony, or Breach of Peace, may not be arrested in attendance or going to or from.

XXVII. Article I, Section 6, Clause 1 (continued)

A. Speech and Debate

  1. No Congressman may be questioned on anything said on floor of House or Senate

XXVIII. Article I, Section 6, Clause 2

A. Sinecure Clause

  1. No Congressman shall hold any Federal civil office

XXIX. Article I, Section 6, Clause 2 (continued)

A. Incompatibility

  1. No Federal officeholder shall be a member of Congress

XXX. Article I, Section 7, Clause 1

A. Origination of Revenue Bills

  1. All revenue bills must originate in House
  2. Senate may propose and approve amendments

XXXI. Article I, Section 7, Clause 2

A. Presentment

  1. All bills passed by House and Senate must be then presented to the President.
  2. President can only sign bill or return to Congress
  3. Congress may over-ride veto with two-thirds vote
  4. Any bill not returned within 10 days is law
  5. If Congress adjourns in the 10-day window, and
  6. Unsigned bill is vetoed (pocket veto).

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