Essential Questions of Constitutional and State Law

THE LEGISLATIVE BRANCH OF THE FEDERAL GOVERNMENT

Article One of the United States Constitution deals specifically with the powers of the Congress and the limits on its powers. It is the largest section of the Constitution, since most of the Founding Fathers believed that the Congress should hold the most sway over our nation’s government.

HOW DOES THE CONSTITUTION OF THE UNITED STATES DEFINE AND

LIMIT LEGISLATIVE POWER?

Every ten years, the United States conducts a count of the population of the country. As a result of the census, demographic data is collected and the Congressional districts are redrawn every decade to make certain representation is as equitable as possible.

HOW DOES THE CENSUS INFLUENCE CONGRESSIONAL

REPRESENTATION?

Special interest groups and lobbyists are able to gain access to members of Congress to make their arguments in person. They may raise money to advertise for or against candidates; therefore, candidates must be responsive to certain groups if they want to be re-elected and stay in office.

HOW DO INTEREST GROUPS INFLUENCE THE LEGISLATIVE

PROCESS?

Laws are passed by the United States Congress. An act must be introduced by a congressional representative, pass through the committee process, receive a majority vote in both the House of Representatives and the Senate, and then be signed into law by the President. There are a host of more subtle details that can undermine the lawmaking process.

HOW ARE LAWS PASSED?

The Congress can override a Presidential veto with a two-thirds majority vote.

The Congress has the power to impeach both the President and sitting members of the Supreme Court for “high crimes and misdemeanors.” It also must approve any Presidential appointments to high office, the Supreme Court, or to embassies.

HOW DOES THE LEGISLATIVE BRANCH PARTICIPATE IN THE

SYSTEM OF CHECKS AND BALANCES?

To collect and lay taxes of many varieties.

To borrow money for the United States government.

To regulate trade, both interstate and foreign.

To create rules for naturalization of foreign nationals.

To coin money. To punish criminals who produce

counterfeit money. To establish postal services.To give patents to scientists and artists. To create courts lower than the

Supreme Court wherever necessary.

POWERS GRANTED TO THE CONGRESS BY THE CONSTITUTION:

To punish pirates and other crimes committed on the high seas.

To declare war and take both prisoners of war and territory.

To raise money to support armies for two years at a time.

To provide and maintain a navy. To make rules for the military. To call up the state militias – or National

Guard today – to protect the nation or put down insurrections.

To organize, arm, and discipline the militia – while leaving certain key responsibilities to the states.

To rule exclusively over Washington, D.C.To make all laws deemed “necessary and

proper.”

POWERS GRANTED TO THE LEGISLATURE BY THE CONSTITUTION:

Not allowed to end the international slave trade before the year 1808.

Not allowed to suspend the writ of habeas corpus – in other words, you have a right to a trial.

No ex post facto laws can be created; in other words, you can’t make something illegal and then press charges against people who committed the crime before the law was passed.

No direct taxes would be imposed on individuals – but this was reversed when the 16 th Amendment allowed an income tax to be collected.

No taxes would be laid on exports – like timber, rice, cotton, tobacco, or the like.

POWERS DENIED TO THE CONGRESS BY THE CONSTITUTION:

No port should be given special preferences by the National Government over the others to promote trade.

Only Congress can appropriate the expenditure of money.

No titles of nobility will be granted by the United States government.

POWERS DENIED TO THE CONGRESS BY THE CONSTITUTION: