Notes on Article I of the U.S. Constitution: Legislative Branch

Overview of Article I

• Article I details the structure and powers of the Legislative Branch of the U.S. government, which consists of a bicameral Congress (Senate and House of Representatives).

Section 1: Legislative Vesting Clause

• Legislative Powers are vested in Congress.
  • Historical Background
    • Origin of limits on federal power.
    • Origin of a bicameral Congress.
    • The Great Compromise during the Constitutional Convention.
  • Legislative Power in the Constitutional Framework
    • Separation of Powers and Checks and Balances.
    • Approaches to Separation of Powers: Functional vs. Formalist.
    • Enumerated, Implied, Resulting, and Inherent Powers.
  • Delegations of Legislative Power
    • Historical Background.
    • Delegation to fill details and contingent delegations.
  • Nondelegation Doctrine
    • Intelligible Principle Standard.
    • Agency Discretion and Chevron Deference.

Section 2: House of Representatives

• Clause 1: Composition and Election
  • Members chosen every second year.
  • Clause 2: Qualifications
    • Minimum age 25, seven years a citizen.
  • Clause 3: Apportioning Seats
  • Clause 4: Vacancies
  • Clause 5: Impeachment
    • Historical context and alternatives.

Section 3: Senate

• Clause 1: Composition
  • Two Senators per state for six years.
  • Clause 2: Staggered Elections
  • Clause 3: Qualifications
    • Minimum age 30, nine years a citizen.
  • Clause 4: President of the Senate
  • Clause 6: Impeachment Trials

Section 4: Congress

• Clause 1: Elections Clause
• Clause 2: Assembly

Section 5: Proceedings

• Authority over elections and qualifications.
• Determining rules and expulsion of members.
• Keeping a journal of proceedings.

Section 6: Rights and Disabilities

• Compensation and privileges for members.
• Prohibition on holding federal office.

Section 7: Legislation

• Clause 1: Revenue Bills
  • Must originate in the House.
• Clause 2: Presidential Role in Legislation
  • Veto power and legislative approval.

Section 8: Enumerated Powers

• Clause 1: Taxing and Spending Powers
  • General welfare and uniformity in taxes.
• Commerce Clause
  • Regulation of commerce with foreign nations, states, and tribes.
• Uniform rules on naturalization and bankruptcies.
• Power over intellectual property and post offices.

Section 9: Powers Denied Congress

• Restrictions on migration/importation of people.
• Prohibition of bills of attainder and ex post facto laws.
• Appropriations must be made by law.
• Titles of nobility.

Section 10: Powers Denied States

• States cannot enter treaties or coin money.
• Import-export clause and duties of tonnage.
• Compact Clause
  • Agreements or compacts with other states or foreign powers require Congressional consent.