1. ARTICLE 1 CONGRESS AND THE LEGISLATIVE BRANCH
THE CONSTITUTION
ARTICLE 1 CONGRESS AND THE LEGISLATIVE BRANCH

2. STRUCTURE and POWERS
Article 1 Sec. 1
“All legislative
powers herein shall
be vested in a
Congress of the
United States, which
shall consist of a
Senate and House
of Representatives.”
The Founders intended Congress—with its bicameral structure and many powers—to lead the judicial and executive branches.

3. STRUCTURE of CONGRESS
With whom did America imitate its Congressional structure?
Britain:
Parliament has two houses: the House of Lords and the House of Commons

4. HOUSE OF REPRESENTATIVES
HofR=population
Every voter in the country should be equally represented
Big states receive more representation
What was the plan for the big/small states?
The original House had 65 representatives, but increased as the country grew.
Reapportionment Act of 1929 the size was capped at 435, with every state being allowed at least one representative.
Population now=295+million=one representative for every 624,000+ people

5. HOUSE of REPRESENTATIVES
The number of representatives from each state depends on the number of people in that state.
When was the first census taken?
Article 1 Sec. 2
“The actual enumeration
shall be made within
three years after the first
meeting of the Congress
of the United States, and
within every subsequent
term of ten years, in such
manner as they shall by
law direct.”

6. HOUSE OF REPRESENTATIVES
Qualifications
Age: 25
Years of Citizenship: 7 years
Length of Term: 2 years
Number of Terms: unlimited
Article 1 Sec. 2
“No person shall be a
Representative who
shall not have attained
to the age of twenty-five
years, and been seven
years a citizen of the
United States, and who
shall not, when elected,
be an inhabitant of that
State in which he shall
be chosen.”

7. SENATE States equally represented with 2 Senators each. Why?
One reason is sovereignty, or the fierce sense that each state stands on its own.
Each state should be recognized as an equal to all other states regardless of population or geographic size.

8. SENATE Qualifications Article 1 Sec. 3 Age: 30
Years of Citizenship: 9 years
Length of Term: 6 years
Number of Terms: unlimited
Article 1 Sec. 3
“No person shall be a
Senator who shall not
have attained to the age
of thirty years, and been
nine years a citizen of the
United States, and who
shall not, when elected,
be an inhabitant of that
State for which he shall
be chosen.”

9. STRUCTURE of CONGRESS
The Founders clearly wanted the House of Representatives to be the lower house and the Senate to be the upper.
What did the Founders do to insure that the Senate would be considered the upper house?

10. SENATE
Members of the Senate elected originally by the State Legislatures and not directly elected by the people.
1913—17th Amendment changed this.

11. POWERS of CONGRESS Grouped into 3 major categories: Delegated Implied
Nonlegislative

12. POWERS of CONGRESS Delegated Powers Borrowing Power Power to Tax
Commerce Power
Currency Power
Bankruptcies
War Powers
Other Delegated Powers

13. POWERS of CONGRESS Implied
Those not stated specifically in the Constitution but considered as reasonable offshoots of delegated powers.
The Elastic Clause gives Congress authority to pass laws it deems “necessary and proper” to carry out its specified functions.
The Supreme Court gives the government very broad powers with The Elastic Clause.

14. POWERS of CONGRESS Nonlegislative Propose amendments
Admit new States to the Union
Approve key presidential appointments and treaties
Impeachment
Investigation and Oversight
House’s selection of a President if no candidate receives a majority of the electoral vote*

15. ELECTION OF 1824 CANDIDATES #ELECTORAL VOTES ANDREW JACKSON 99
A presidential candidate needed 131 electoral votes to win.
There were 4 candidates running for President.
Andrew Jackson also won the most popular votes.
CANDIDATES
#ELECTORAL VOTES
ANDREW JACKSON 99
JOHN QUINCY ADAMS 84
WILLIAM CRAWFORD 41
HENRY CLAY 37

16. WHAT CONGRESS CAN’T DO Suspend habeas corpus
Bill of attainder or ex post facto
Flat tax on a person
Tax products sent from a state
Favor one state over another
Hide spending from the people
Give titles of nobility or receive any

17. WHAT STATES CAN’T DO Make a treaty with another nation
Give its people the right to fight against other nations
Have its own money
Use anything but gold and silver for coins
Condemn a person to death w/o a jury trial and witnesses
Punish someone for something not wrong when they did it
Wipe out written agreements made in the right way
Give a person a noble title
Unless Congress agrees, place tax on imported/exported goods
Tax ships
Keep an army (except state militia)
Keep warships in peacetime
Make agreements with another state or nation unless Congress agrees
Go to war (unless attacked and cannot delay fighting)

18. LEADERSHIP
Congress has developed 4 types of structure to organize its work:
The party leadership
The committee system
Caucuses
The support agencies

19. LEADERSHIP SPEAKER OF THE HOUSE MAJORITY LEADER MAJORITY WHIPS
HOUSE BODY
MINORITY
MINORITY WHIPS

20. LEADERSHIP PRESIDENT OF THE SENATE PRESIDENT PRO TEMPORE MAJORITY
MINORITY
LEADER
MAJORITY
WHIPS
MINORITY
WHIPS
SENATE
BODY