There are ten sections in the article. The Vesting Clause (Section One) vests "all legislative powers herein granted" to the Congress. Sections Two and Three deal with the House of Representatives and Senate respectively. The sections set the composition, term lengths, qualifications of members, officers, and methods of filling vacancies for both Houses. Section Two also requires direct taxes to "be apportioned among the several States... according to their respective Numbers" and that a census be held every ten years. Section Three also provides that the Vice President of the United States shall be President of the Senate but shall have only a tie-breaking vote. The House of Representatives is given the sole power of impeachment while the Senate is given the sole power of the trial of impeachments. Section Four gives to state legislatures the power to set the "times, Places and Manner of holding elections for Senators and Representatives," but provides for Congressional oversight of elections. The section also provides that Congress shall assemble "at least once in every year" and sets a default date for the initial assembly, later modified by the Twentieth Amendment. Section Five deals with procedure, providing that "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business," although a small number may adjourn and compel the attendance of absent members. The section also gives to each house the power to "determine the rules of its proceedings," including the power to punish or expel a member". Each house is required to "keep a journal of its proceedings" and publish it from time to time except in special circumstances. The section also provides that neither House may adjourn without the consent of the other for more than three days or change its meeting place, without the consent of the other House. Section Six provides that members of Congress shall receive salaries, have a limited privilege from arrest during sessions of Congress, and immunity "for any Speech or Debate in either House." The section also provides that no member may simultaneously serve in Congress and "be appointed to any civil Office under the Authority of the United States", and also may not serve in any such office "which shall have been created, or the Emoluments whereof shall have been increased" during the member's term in office. Section Seven deals with legislative procedure, providing that all bills for revenue must originate in the House of Representative. The section also introduces the veto power of the President of the United States, and describes its powers and limitations. Section Eight gives to the Congress certain broad enumerated powers. Among these are the power to lay and collect taxes and provide for the common defense and general welfare of the United States; to borrow money on the credit of the United States, to regulate interstate, foreign, and Indian commerce; (5) To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; and to create courts inferior to the Supreme Court among many others. The section also gives to Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States." Section Nine places limits on powers of Congress and the government. The section provides that the writ of habeas corpus shall not be suspended "except when in cases of rebellion or invasion the public safety may require it"; prohibits bills of attainder or ex post facto laws; bars the imposition of taxes or duties on articles exported from any state or the granting of preference to ports of one state over another; and prohibits civil officers from accepting titles of nobility without the consent of Congress. The section also provides that "No money shall be drawn from the treasury, but in consequence of appropriations made by law," and that a statement of receipts and expenditures of public money "be published from time to time." This section barred Congress from banning the import of slaves from abroad or from laying a duty of more than 10 dollars on each imported slave until 1808; Congress banned the slave trade on January 1, 1808, as soon as constitutionally allowed. Section Ten sets limits on states, reserving certain powers exclusively to the Congress. States are prohibited from coining money or making anything other than gold or silver coin legal tender for payment of debts and are prohibited from entering into treaties or alliances, although compacts with other states are allowed with the permission of Congress. States are also not permitted to lay duties, keep troops or warships in peacetime with Congressional approval, or engage in war unless actually invaded or in imminent danger. States also are barred from laying imposts or duties on imports or exports except for the fulfillment of state inspection laws, which may be revised by Congress, and any net revenue of such duties is remitted to the federal treasury. Finally, states, like Congress, may not pass bills of attainder or ex post facto laws, nor grant any title of nobility. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 1 is a vesting clause, granting all the federal government's legislative authority to Congress. Similar vesting clauses are found in Articles II and III, which grant "the executive power" to the President and "the judicial power" to the federal judiciary. In legal garb, the working definition of "herein" connotes specificity and exclusivity. The Vesting Clauses thus establishes the principle of separation of powers by specifically giving to each branch of the federal government only those powers it can exercise and no others.[1] This means that no branch may exercise powers that properly belong to another (e.g., since the legislative power is only vested in Congress, the executive and judiciary may not enact laws).[2] The language "herein granted" in Article I's vesting clause has been interpreted to mean that the powers Congress are to exercise are exclusively those specifically provided for in Article I.[3] The clause "herein granted" was further defined and elaborated by the tenth amendment. Thus, this congressional clause is contrasted by the general vesting of the executive and judicial powers in Articles II and III in the branches of government those articles govern, which has been interpreted to mean that those branches enjoy "residual" or "implied" powers beyond those specifically mentioned, as contrasted with the Congress, which is vested with those legislative powers "herein granted;"[4] however, there is substantial contemporary disagreement about the precise extent of the powers conferred by the general vesting clauses. As a corollary to the fact that Congress, and only Congress, is vested with the legislative power, Congress (in theory) cannot delegate legislative authority to other branches of government (e.g., the Executive Branch), a rule known as the nondelegation doctrine.[5] However, the Supreme Court has ruled that Congress does have latitude to delegate regulatory powers to executive agencies as long as it provides an "intelligible principle" which governs the agency's exercise of the delegated regulatory authority.[6] In practice, the Supreme Court has only invalidated four statutes on non-delegation grounds in its history, three of which were invalidated in the mid-1930s. The fourth, the Line Item Veto Act of 1996, was invalidated in 1998.[7] The nondelegation doctrine is primarily used now as a way of interpreting a congressional delegation of authority narrowly,[8] in that the courts presume Congress intended only to delegate that which it certainly could have, unless it clearly demonstrates it intended to "test the waters" of what the courts would allow it to do.[9] Although not specifically mentioned in the Constitution, Congress has also long asserted the power to investigate and the power to compel cooperation with an investigation.[10] The Supreme Court has affirmed these powers as an implication of Congress's power to legislate.[11] Since the power to investigate is an aspect of Congress's power to legislate, it is as broad as Congress's powers to legislate.[12] However, it is also limited to inquiries that are "in aid of the legislative function;"[13] Congress may not "expose for the sake of exposure."[14] It is uncontroversial that a proper subject of Congress's investigation power is the operations of the federal government, but Congress's ability to compel the submission of documents or testimony from the President or his subordinates is often-discussed and sometimes controversial (see executive privilege), although not often litigated. As a practical matter, the limitation of Congress's ability to investigate only for a proper purpose ("in aid of" its legislative powers) functions as a limit on Congress's ability to investigate the private affairs of individual citizens; matters that simply demand action by another branch of government, without implicating an issue of public policy necessitating legislation by Congress, must be left to those branches due to the doctrine of separation of powers.[15] The courts are highly deferential to Congress's exercise of its investigation powers, however. Congress has the power to investigate that which it could regulate,[12] and the courts have interpreted Congress's regulatory powers broadly since the Great Depression. Additionally, the courts will not inquire into whether Congress has an improper motive for an investigation (i.e., using a legitimate legislative purpose as a cover for "expos[ing] for the sake of exposure"), focusing only on whether the matter is within Congress's power to regulate and, thus, investigate.[16] Persons called before a congressional investigatory committee are entitled to the constitutional guarantees of individual rights, such as those in the Bill of Rights.[17] Congress can punish those who do not cooperate with an investigation via holding violators in contempt of Congress.[18]
Clause 1: Composition and election of Members The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. Section Two provides for the election of the House of Representatives every second year. Since Representatives are to be "chosen... by the People," State Governors are not allowed to appoint temporary replacements when vacancies occur in a state's delegation to the House of Representatives; instead, the Governor of the state is required by clause 4 to issue a writ of election calling a special election to fill the vacancy. The Constitution does not directly guarantee the franchise to anyone;[19] rather, it provides that those qualified to vote in elections for the largest chamber of a state's legislature may vote in congressional elections as well. Amendments to the Constitution, however, have restricted the states' ability to set such qualifications.[20] The Fifteenth Amendment and Nineteenth Amendment bar the use of race or sex as qualifications to vote in both federal and state elections. Furthermore, the Twenty-sixth Amendment provides that states may not set age requirements higher than eighteen years. The Twenty-fourth Amendment bars states from using the payment of a tax as a voter qualification in federal elections. Moreover, since the Supreme Court has recognized voting as a fundamental right,[21] the Equal Protection Clause places very tight limitations (albeit with uncertain limits) on the states' ability to define voter qualifications; it is fair to say that qualifications beyond citizenship, residency, and age are usually questionable.[22] Since clause 3 provides that Members of the House of Representatives are apportioned state-by-state and that each state is guaranteed at least one Representative, exact population equality between all districts is not guaranteed and, in fact, is currently impossible, because while the size of the House of Representatives is fixed at 435, several states had less than 1/435 of the national population at the time of the last reapportionment in 2000.[23] However, the Supreme Court has interpreted the provision of Clause One that Representatives shall be elected "by the People" to mean that, in those states with more than one member of the House of Representatives, each congressional election district within the state must have nearly identical populations.[24] [edit]Clause 2: Qualifications of Members 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. The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a citizen of the United States for the previous seven years. There is no requirement that a Representative reside within the district in which he represents; although this is usually the case, there have been occasional exceptions.[25] The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a house of Congress exercising its Section 5 authority to "judge...the...qualifications of its own members"[26] or by a state in its exercise of its Section 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives." The Supreme Court, as well as other federal courts, have repeatedly barred states from additional restrictions, such as imposing term limits on members of Congress, allowing members of Congress to be subject to recall elections, or requiring that Representatives live in the congressional district in which they represent.[27][28] However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be. [edit]Clause 3: Apportionment of Representatives and taxes Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. 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. The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse [sic] three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. The Constitution does not fix the size of the House of Representatives; instead, this clause empowers Congress to determine the size of the House as part of the apportionment process,[29] so long as the size of the House does not exceed 1 member for every 30,000 of the country's total population[30] and the size of the state's delegation does not exceed 1 for every 30,000 of the state's population[31] (although these limits have not been approached since the Founding[32]). The number is currently fixed at 435, which is around a 1 Representative: 700,000 Citizen ratio.[33] A particular number of Representatives is assigned to each State according to its share of the national population; election districts are not drawn nationally and do not cross state boundaries.[34] Congress additionally has the authority to prescribe what method shall be used to allocate Representatives to each state;[29] currently, Congress has prescribed the use of the Equal Proportions method.[35] The Constitution mandates that a Census be conducted every ten years to determine the populations of the States, and this clause provided for a temporary apportionment of seats until the first Census could be conducted. The population of a state originally included (for congressional apportionment purposes) all "free persons", three-fifths of "other persons" (i.e., slaves) and excluded untaxed Native Americans. Presently, the Census counts illegal immigrants, and Census figures are used to determine congressional seats. The three-fifths clause was a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States House of Representatives. This compromise had the effect of increasing the political power of slave-holding states by increasing their share of seats in the House of Representatives, and consequently their share in the Electoral College (where a state's influence over the election of the President is tied to the size of its congressional delegation). Following the Civil War, the Thirteenth and Fourteenth Amendments changed this arrangement by (respectively) abolishing slavery, and superseding the three-fifths clause by requiring that a state's population for apportionment purposes was to be determined by "counting the whole number of Persons" in the state, "excluding Indians not taxed." Since there are at present no such untaxed Native Americans (Indians),[36] all persons inhabiting a state — whether citizens or not — count towards the population of that state in determining the state's congressional apportionment. Originally, the amount of direct taxes that could be collected from any State was tied directly to its share of the national population. On the basis of this requirement, application of the income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found to be unconstitutional because it was not apportioned among the states;[37] that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected, because Congress had not fixed an amount of money to be raised and apportioned it between the States according to their respective shares of the national population. To permit the levying of such an income tax, Congress proposed and the states ratified the Sixteenth Amendment, which superseded this requirement by specifically providing that Congress could levy a tax on income "from whatever source derived" without it being apportioned among the States or otherwise based on a State's share of the national population. [edit]Clause 4: Vacancies When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. Section 2, Clause 4, provides that when vacancies occur in the House of Representatives, it is not the job of the House of Representatives to arrange for a replacement, but the job of the State whose vacant seat is up for refilling. Moreover, the State Governor may not appoint a temporary replacement, but must instead arrange for a special election to fill the vacancy. The original qualifications and procedures for holding that election are still valid. [edit]Clause 5: Speaker and other officers; Impeachment The House of Representatives shall chuse [sic] their Speaker and other Officers; and shall have the sole Power of Impeachment. Section Two further provides that the House of Representatives may choose its Speaker and its other officers. Though the Constitution does not mandate it, every Speaker has been a member of the House of Representatives.[38] The Speaker rarely presides over routine House sessions, choosing instead to deputize a junior member to accomplish the task. Finally, Section Two grants]Clause 2: Qualifications of Members 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. The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a citizen of the United States for the previous seven years. There is no requirement that a Representative reside within the district in which he represents; although this is usually the case, there have been occasional exceptions.[25] The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a house of Congress exercising its Section 5 authority to "judge...the...qualifications of its own members"[26] or by a state in its exercise of its Section 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives." The Supreme Court, as well as other federal courts, have repeatedly barred states from additional restrictions, such as imposing term limits on members of Congress, allowing members of Congress to be subject to recall elections, or requiring that Representatives live in the congressional district in which they represent.[27][28] However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be. [edit]Clause 3: Apportionment of Representatives and taxes Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. 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. The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse [sic] three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. The Constitution does not fix the size of the House of Representatives; instead, this clause empowers Congress to determine the size of the House as part of the apportionment process,[29] so long as the size of the House does not exceed 1 member for every 30,000 of the country's total population[30] and the size of the state's delegation does not exceed 1 for every 30,000 of the state's population[31] (although these limits have not been approached since the Founding[32]). The number is currently fixed at 435, which is around a 1 Representative: 700,000 Citizen ratio.[33] A particular number of Representatives is assigned to each State according to its share of the national population; election districts are not drawn nationally and do not cross state boundaries.[34] Congress additionally has the authority to prescribe what method shall be used to allocate Representatives to each state;[29] currently, Congress has prescribed the use of the Equal Proportions method.[35] The Constitution mandates that a Census be conducted every ten years to determine the populations of the States, and this clause provided for a temporary apportionment of seats until the first Census could be conducted. The population of a state originally included (for congressional apportionment purposes) all "free persons", three-fifths of "other persons" (i.e., slaves) and excluded untaxed Native Americans. Presently, the Census counts illegal immigrants, and Census figures are used to determine congressional seats. The three-fifths clause was a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States House of Representatives. This compromise had the effect of increasing the political power of slave-holding states by increasing their share of seats in the House of Representatives, and consequently their share in the Electoral College (where a state's influence over the election of the President is tied to the size of its congressional delegation). Following the Civil War, the Thirteenth and Fourteenth Amendments changed this arrangement by (respectively) abolishing slavery, and superseding the three-fifths clause by requiring that a state's population for apportionment purposes was to be determined by "counting the whole number of Persons" in the state, "excluding Indians not taxed." Since there are at present no such untaxed Native Americans (Indians),[36] all persons inhabiting a state — whether citizens or not — count towards the population of that state in determining the state's congressional apportionment. Originally, the amount of direct taxes that could be collected from any State was tied directly to its share of the national population. On the basis of this requirement, application of the income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found to be unconstitutional because it was not apportioned among the states;[37] that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected, because Congress had not fixed an amount of money to be raised and apportioned it between the States according to their respective shares of the national population. To permit the levying of such an income tax, Congress proposed and the states ratified the Sixteenth Amendment, which superseded this requirement by specifically providing that Congress could levy a tax on income "from whatever source derived" without it being apportioned among the States or otherwise based on a State's share of the national population. [edit]Clause 4: Vacancies]Clause 2: Qualifications of Members 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. The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a citizen of the United States for the previous seven years. There is no requirement that a Representative reside within the district in which he represents; although this is usually the case, there have been occasional exceptions.[25] The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a house of Congress exercising its Section 5 authority to "judge...the...qualifications of its own members"[26] or by a state in its exercise of its Section 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives." The Supreme Court, as well as other federal courts, have repeatedly barred states from additional restrictions, such as imposing term limits on members of Congress, allowing members of Congress to be subject to recall elections, or requiring that Representatives live in the congressional district in which they represent.[27][28] However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be. [edit]Clause 3: Apportionment of Representatives and taxes Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. 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. The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse [sic] three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. The Constitution does not fix the size of the House of Representatives; instead, this clause empowers Congress to determine the size of the House as part of the apportionment process,[29] so long as the size of the House does not exceed 1 member for every 30,000 of the country's total population[30] and the size of the state's delegation does not exceed 1 for every 30,000 of the state's population[31] (although these limits have not been approached since the Founding[32]). The number is currently fixed at 435, which is around a 1 Representative: 700,000 Citizen ratio.[33] A particular number of Representatives is assigned to each State according to its share of the national population; election districts are not drawn nationally and do not cross state boundaries.[34] Congress additionally has the authority to prescribe what method shall be used to allocate Representatives to each state;[29] currently, Congress has prescribed the use of the Equal Proportions method.[35] The Constitution mandates that a Census be conducted every ten years to determine the populations of the States, and this clause provided for a temporary apportionment of seats until the first Census could be conducted. The population of a state originally included (for congressional apportionment purposes) all "free persons", three-fifths of "other persons" (i.e., slaves) and excluded untaxed Native Americans. Presently, the Census counts illegal immigrants, and Census figures are used to determine congressional seats. The three-fifths clause was a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States House of Representatives. This compromise had the effect of increasing the political power of slave-holding states by increasing their share of seats in the House of Representatives, and consequently their share in the Electoral College (where a state's influence over the election of the President is tied to the size of its congressional delegation). Following the Civil War, the Thirteenth and Fourteenth Amendments changed this arrangement by (respectively) abolishing slavery, and superseding the three-fifths clause by requiring that a state's population for apportionment purposes was to be determined by "counting the whole number of Persons" in the state, "excluding Indians not taxed." Since there are at present no such untaxed Native Americans (Indians),[36] all persons inhabiting a state — whether citizens or not — count towards the population of that state in determining the state's congressional apportionment. Originally, the amount of direct taxes that could be collected from any State was tied directly to its share of the national population. On the basis of this requirement, application of the income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found to be unconstitutional because it was not apportioned among the states;[37] that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected, because Congress had not fixed an amount of money to be raised and apportioned it between the States according to their respective shares of the national population. To permit the levying of such an income tax, Congress proposed and the states ratified the Sixteenth Amendment, which superseded this requirement by specifically providing that Congress could levy a tax on income "from whatever source derived" without it being apportioned among the States or otherwise based on a State's share of the national population. [edit]Clause 4: Vacancies]Clause 2: Qualifications of Members 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. The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a citizen of the United States for the previous seven years. There is no requirement that a Representative reside within the district in which he represents; although this is usually the case, there have been occasional exceptions.[25] The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a house of Congress exercising its Section 5 authority to "judge...the...qualifications of its own members"[26] or by a state in its exercise of its Section 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives." The Supreme Court, as well as other federal courts, have repeatedly barred states from additional restrictions, such as imposing term limits on members of Congress, allowing members of Congress to be subject to recall elections, or requiring that Representatives live in the congressional district in which they represent.[27][28] However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be. [edit]Clause 3: Apportionment of Representatives and taxes Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. 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. The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse [sic] three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. The Constitution does not fix the size of the House of Representatives; instead, this clause empowers Congress to determine the size of the House as part of the apportionment process,[29] so long as the size of the House does not exceed 1 member for every 30,000 of the country's total population[30] and the size of the state's delegation does not exceed 1 for every 30,000 of the state's population[31] (although these limits have not been approached since the Founding[32]). The number is currently fixed at 435, which is around a 1 Representative: 700,000 Citizen ratio.[33] A particular number of Representatives is assigned to each State according to its share of the national population; election districts are not drawn nationally and do not cross state boundaries.[34] Congress additionally has the authority to prescribe what method shall be used to allocate Representatives to each state;[29] currently, Congress has prescribed the use of the Equal Proportions method.[35] The Constitution mandates that a Census be conducted every ten years to determine the populations of the States, and this clause provided for a temporary apportionment of seats until the first Census could be conducted. The population of a state originally included (for congressional apportionment purposes) all "free persons", three-fifths of "other persons" (i.e., slaves) and excluded untaxed Native Americans. Presently, the Census counts illegal immigrants, and Census figures are used to determine congressional seats. The three-fifths clause was a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States House of Representatives. This compromise had the effect of increasing the political power of slave-holding states by increasing their share of seats in the House of Representatives, and consequently their share in the Electoral College (where a state's influence over the election of the President is tied to the size of its congressional delegation). Following the Civil War, the Thirteenth and Fourteenth Amendments changed this arrangement by (respectively) abolishing slavery, and superseding the three-fifths clause by requiring that a state's population for apportionment purposes was to be determined by "counting the whole number of Persons" in the state, "excluding Indians not taxed." Since there are at present no such untaxed Native Americans (Indians),[36] all persons inhabiting a state — whether citizens or not — count towards the population of that state in determining the state's congressional apportionment. Originally, the amount of direct taxes that could be collected from any State was tied directly to its share of the national population. On the basis of this requirement, application of the income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found to be unconstitutional because it was not apportioned among the states;[37] that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected, because Congress had not fixed an amount of money to be raised and apportioned it between the States according to their respective shares of the national population. To permit the levying of such an income tax, Congress proposed and the states ratified the Sixteenth Amendment, which superseded this requirement by specifically providing that Congress could levy a tax on income "from whatever source derived" without it being apportioned among the States or otherwise based on a State's share of the national population. [edit]Clause 4: Vacancies to the House of Representatives the sole power of impeachment. Although the Supreme Court has not had an occasion to interpret this specific provision, the Court has suggested that the grant to the House of the "sole" power of impeachment makes the House the exclusive interpreter of what constitutes an impeachable offense.[39] Impeachments are tried in the Senate (as discussed below). Clause 1: Composition; Election of Senators The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. Section Three provides that each state is entitled to two Senators chosen for a term of six years. The state legislatures originally chose the means of choosing the Senators. This provision has been superseded in 1913 by the Seventeenth Amendment, which provides for the direct election of Senators by the respective states' voters. Generally, Article Five requires that a proposal to amend the Constitution garner a two-thirds majority in both Houses of Congress, and then be ratified by three-fourths of the state legislatures. Section Three of Article I is one of a handful of clauses on which Article Five places special restrictions to be amended; in this case, Article Five provides that "no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." Thus, no individual state may have its representation in the Senate adjusted without its consent unless all other states have an identical change. That is to say, an amendment that changed this clause to provide that all states would get only one Senator (or three Senators, or any other number) could be ratified through the normal process, but an amendment that provided for some basis of representation other than strict numerical equality (for example, population, wealth, or land area) would require the assent of every state.
Clause 2: Classification of Senators; Vacancies Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. After the first group of Senators was elected to the First Congress (1789–1791), the Senators were divide into three "classes" as nearly equal in size as possible, as required by this section. This was done in May 1789 by lot. Those Senators grouped in the first class had their term expire after only two years; those Senators in the second class had their term expire after only four years, instead of six. After this, all Senators from those States have been elected to six-year terms, and as new States have joined the Union, their Senate seats have been assigned to one of the three classes, maintaining each grouping as nearly equal in size as possible. In this way, election is staggered; approximately one-third of the Senate is up for re-election every two years, but the entire body is never up for re-election in the same year (as contrasted with the House, where its entire membership is up for re-election every 2 years). As originally established, Senators were elected by the Legislature of the State they represented in the Senate. If a senator died, resigned, or was expelled, the legislature of the state would appoint a replacement to serve out the remainder of the senator's term. If the State Legislature was not in session, its Governor could appoint a temporary replacement to serve until the legislature could elect a permanent replacement. This was superseded by the Seventeenth Amendment, which provided for the Popular Election of Senators, instead of their appointment by the State Legislature. In a nod to the less populist nature of the Senate, the Amendment tracks the vacancy procedures for the House of Representatives in requiring that the Governor call a special election to fill the vacancy, but (unlike in the House) it vests in the State Legislature the authority to allow the Governor to appoint a temporary replacement until the special election is held. Note, however, that under the original Constitution, the Governors of the states were expressly allowed by the Constitution to make temporary appointments. The current system, under the Seventeenth Amendment, allows Governors to appoint a replacement only if their state legislature has previously decided to allow the Governor to do so; otherwise, the seat must remain vacant until the special election is held to fill the seat, as in the case of a vacancy in the House. [edit]Clause 3: Qualifications of Senators 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. A Senator must be at least 30 years of age, must have been a citizen of the United States for at least nine years before being elected, and must reside in the State he or she will represent at the time of the election. The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a House of Congress exercising its Section. 5. authority to "Judge... the... Qualifications of its own Members,"[26] or by a state in its exercise of its Section. 4. authority to prescribe the "Times, Places and Manner of holding Elections for Senators and Representatives,..."[28] [edit]Clause 4: Vice President as President of Senate; Voting power The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. Section Three provides that the Vice President is the President of the Senate. In modern times, the Vice President usually presides over the Senate only when a tie in the voting is anticipated. (The following section provides for the President pro tempore of the Senate, a Senator elected to the post by the Senate, to preside in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States, but like the Vice President the President pro tempore, traditionally the longest-serving member of the majority party, rarely actually presides over the chamber; typically the President pro tempore deputizes junior Senators of the majority party to act as presiding officers). As a non-member of the assembly, the Vice President has only a "casting" (tie-breaking) vote. This is contrasted with the Speaker of the House, who has always been chosen from the Members of the House of Representatives,[38] and as a member of the House is entitled to participate in debate vote on all measures, not just when ties occur, although customarily the speaker votes only rarely, and often to make or break a tie. The tie-breaking vote has been cast 243 times by 35 different Vice Presidents. Further information: List of tie-breaking votes cast by Vice Presidents of the United States [edit]Clause 5: President pro tempore and other officers The Senate shall chuse [sic] their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States. The Senate may elect a President pro tempore to act in the Vice President's absence. Although the Constitutional text seems to suggest to the contrary, the Senate's practice has been to elect a full-time President pro tempore at the beginning of each Congress, as opposed to making it a temporary office only existing during the Vice President's absence. As is true of the Speaker of the House,[38] the Constitution does not require that the President pro tempore be a senator, but by convention, a senator is always chosen; since World War II, the senior member of the majority party has filled this position.[40] The President pro tempore, as a member of the Senate, is free to make or break a tie vote like the Speaker of the House, but in the event that the possibility of a tie vote is anticipated the Vice President is routinely on hand to ensure that the Executive Branch's policy preference prevails. [edit]Clause 6: Trial of Impeachments The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. The Senate is granted the sole power to try impeachments, just as the House of Lords could try impeachments in Great Britain. The Supreme Court has interpreted the Constitution's provision that the Senate has the "sole" power to try impeachments to mean that the Senate has exclusive and unreviewable authority to determine what constitutes an adequate impeachment trial.[41] The senators must sit on oath or affirmation, unlike the lords who voted upon their honor. The Chief Justice presides whenever the President of the United States is tried, to avoid the Vice President exercising his duties as President of the Senate and presiding over the trial of the President of the United States. Although this was probably originally intended to avoid a situation where the Vice President was presiding over a debate that could ultimately result in his promotion to the presidency (were the President convicted and removed from office), it also prevents a possibly more likely contemporary scenario, where a President accused of some offense is being tried by the Senate presided over by a Vice President who may well be sympathetic to the President, reducing the independence of the Senate's consideration of the delicate question of whether to remove a sitting chief executive. On the other hand, nothing prevents the curious circumstance of a Vice President presiding over his own impeachment trial as President of the Senate, should he be impeached (although this has never happened). A two-thirds supermajority of those Senators "present" is required to convict, although given the obvious importance of impeachment proceedings, there are generally few absent members. In addition, requiring a two-thirds majority of those members "present" has the net effect of making a present member's decision not to cast a vote either way the same as a vote against conviction.[42] This is as contrasted with typical practice, where a proposition passes, or not, based on whether it receives the appropriate majority of however many votes were cast, irrespective of how many members were present but chose not to vote.[43] However, much as impeachment trials generally have few members absent, the importance of impeachment trials is unlikely to produce many abstentions (i.e., non-votes) by present members. [edit]Clause 7: Judgment in cases of impeachment; Punishment on conviction Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. If any officer is convicted on impeachment, he or she is immediately removed from office, and may be barred from holding any public office in the future. No other punishments may be inflicted pursuant to the impeachment proceeding, but the convicted party remains liable to trial and punishment in the courts for civil and criminal charges.[44] [edit]Section 4: Congressional elections [edit]Clause 1: Time, place, and manner of holding The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing [sic] Senators. This clause generally commits to the States the authority to determine the "times, places and manner of holding elections," which includes the preliminary stages of the election process (such as a primary election), while reserving to Congress the authority to preempt State regulations with uniform national rules.[45] Congress has exercised this authority to determine a uniform date for federal elections: the Tuesday following the first Monday in November.[46] Because Congress has not enacted any on-point regulations, States still retain the authority to regulate the dates on which other aspects of the election process are held (registration, primary elections, etc.) and where elections will be held. As for regulating the "manner" of elections, the Supreme Court has interpreted this to mean "matters like notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns."[47] The Supreme Court has held that States may not exercise their power to determine the "manner" of holding elections to impose term limits on their congressional delegation.[28] One of the most significant ways that States regulate the "manner" of elections is their power to draw election districts. Although in theory Congress could draw the district map for each State,[48] it has not exercised this level of oversight. Congress has, however, required the States to conform to certain practices when drawing districts. States are currently required to use a single-member district scheme, whereby the State is divided into as many election districts for Representatives in the House of Representatives as the size of its representation in that body (that is to say, Representatives cannot be elected at-large from the whole State unless the State has only one Representative in the House, nor can districts elect more than 1 Representative).[49] Congress once imposed additional requirements that districts be composed of contiguous territory, be "compact," and have equal populations within each State.[50] Congress has allowed those requirements to lapse,[51] but the Supreme Court has re-imposed the population requirement on the States under the Equal Protection Clause[24] and is suspicious of districts that do not meet the other "traditional" districting criteria of compactness and contiguity.[52] The restriction on Congress's inability to "make or alter" regulations pertaining to the places of choosing Senators is largely an anachronism. When State Legislatures selected Senators, if Congress had been able to prescribe the place for choosing Senators, it could have in effect told each State where its state capital must be located. This would have been offensive to the concept of each State being sovereign over its own internal affairs. Now that Senators are popularly elected, it is largely a moot point. [edit]Clause 2: Sessions of Congress The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Clause 2 requires that Congress must assemble at least once each year. This was designed to force Congress to make itself available at least once in a year to provide the legislative action the country needed in the face of the transportation and communication challenges present in the 18th century. In modern practice, Congress is in session virtually year-round. Originally, the Constitution provided that the annual meeting was to be on the first Monday in December unless otherwise provided by law. The government under the Articles of Confederation had determined, as a transitional measure to the new constitution, that the date for "commencing proceedings" under the U.S. Constitution would be March 4, 1789.[53] Since the first term of the original federal officials began on this date and ended 2, 4, or 6 years later, this became the date on which new federal officials took office in subsequent years. This meant that, every other year, although a new Congress was elected in November, it did not come into office until the following March, with a "lame duck" Congress convening in the interim. As modern communications and travel made it less necessary to wait 4 months from Election Day to the swearing-in of the elected officials, it became increasingly cumbersome to elect officials in November but wait until March for them to take office. Congress eventually proposed that elected officials take office in January, instead of March; since this required cutting short (by a couple of months) the terms of the elected federal officials at the time of the proposal, Congress proposed the Twentieth Amendment, which established the present dates for when federal officials take office. While the Constitution always granted Congress the authority to meet on a different day without the need to pass an amendment, § 2 of the Twentieth Amendment "tidied up" the constitutional text by paralleling the original provision requiring that the Congress meet at least once a year in December, and changing it to January 3 (unless changed by law). Although the original Constitution allowed Congress to change its annual meeting date by statute, this change eliminated any reference to a requirement in the Constitution that a lame duck Congress meet in the period between the election of a new Congress and its taking office. [edit]Section 5: Procedure [edit]Clause 1: Qualifications of Members Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Section Five states that a majority of each House constitutes a quorum to do business; a smaller number may adjourn the House or compel the attendance of absent members. In practice, the quorum requirement is all but ignored. A quorum is assumed to be present unless a quorum call, requested by a member, proves otherwise. Rarely do members ask for quorum calls to demonstrate the absence of a quorum; more often, they use the quorum call as a delaying tactic. Sometimes, unqualified individuals have been admitted to Congress. For instance, the Senate once admitted John Henry Eaton, a twenty-eight-year-old, in 1818 (the admission was inadvertent, as Eaton's birth date was unclear at the time). In 1934, a twenty-nine-year-old, Rush Holt, was elected to the Senate; he agreed to wait six months, until his thirtieth birthday, to take the oath. The Senate ruled in that case that the age requirement applied as of the date of the taking of the oath, not the date of election. [edit]Clause 2: Rules Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a member. Each House can determine its own Rules (assuming a quorum is present), and may punish any of its members. A two-thirds vote is necessary to expel a member. Section 5, Clause 2 does not provide specific guidance to each House regarding when and how each House may change its rules, leaving details to the respective chambers. [edit]Clause 3: Record of proceedings Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the desire of one fifth of those present, be entered on the Journal. Each House must keep and publish a Journal, though it may choose to keep any part of the Journal secret. The decisions of the House—not the words spoken during debates—are recorded in the Journal; if one-fifth of those present (assuming a quorum is present) request it, the votes of the members on a particular question must also be entered. [edit]Clause 4: Adjournment Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. Neither House may adjourn, without the consent of the other, for more than three days. Often, a House will hold pro forma sessions every three days; such sessions are merely held to fulfill the constitutional requirement, and not to conduct business. Furthermore, neither House may meet in any place other than that designated for both Houses (the Capitol), without the consent of the other House.
Clause 2: Classification of Senators; Vacancies Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. After the first group of Senators was elected to the First Congress (1789–1791), the Senators were divide into three "classes" as nearly equal in size as possible, as required by this section. This was done in May 1789 by lot. Those Senators grouped in the first class had their term expire after only two years; those Senators in the second class had their term expire after only four years, instead of six. After this, all Senators from those States have been elected to six-year terms, and as new States have joined the Union, their Senate seats have been assigned to one of the three classes, maintaining each grouping as nearly equal in size as possible. In this way, election is staggered; approximately one-third of the Senate is up for re-election every two years, but the entire body is never up for re-election in the same year (as contrasted with the House, where its entire membership is up for re-election every 2 years). As originally established, Senators were elected by the Legislature of the State they represented in the Senate. If a senator died, resigned, or was expelled, the legislature of the state would appoint a replacement to serve out the remainder of the senator's term. If the State Legislature was not in session, its Governor could appoint a temporary replacement to serve until the legislature could elect a permanent replacement. This was superseded by the Seventeenth Amendment, which provided for the Popular Election of Senators, instead of their appointment by the State Legislature. In a nod to the less populist nature of the Senate, the Amendment tracks the vacancy procedures for the House of Representatives in requiring that the Governor call a special election to fill the vacancy, but (unlike in the House) it vests in the State Legislature the authority to allow the Governor to appoint a temporary replacement until the special election is held. Note, however, that under the original Constitution, the Governors of the states were expressly allowed by the Constitution to make temporary appointments. The current system, under the Seventeenth Amendment, allows Governors to appoint a replacement only if their state legislature has previously decided to allow the Governor to do so; otherwise, the seat must remain vacant until the special election is held to fill the seat, as in the case of a vacancy in the House. [edit]Clause 3: Qualifications of Senators 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. A Senator must be at least 30 years of age, must have been a citizen of the United States for at least nine years before being elected, and must reside in the State he or she will represent at the time of the election. The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a House of Congress exercising its Section. 5. authority to "Judge... the... Qualifications of its own Members,"[26] or by a state in its exercise of its Section. 4. authority to prescribe the "Times, Places and Manner of holding Elections for Senators and Representatives,..."[28] [edit]Clause 4: Vice President as President of Senate; Voting power The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. Section Three provides that the Vice President is the President of the Senate. In modern times, the Vice President usually presides over the Senate only when a tie in the voting is anticipated. (The following section provides for the President pro tempore of the Senate, a Senator elected to the post by the Senate, to preside in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States, but like the Vice President the President pro tempore, traditionally the longest-serving member of the majority party, rarely actually presides over the chamber; typically the President pro tempore deputizes junior Senators of the majority party to act as presiding officers). As a non-member of the assembly, the Vice President has only a "casting" (tie-breaking) vote. This is contrasted with the Speaker of the House, who has always been chosen from the Members of the House of Representatives,[38] and as a member of the House is entitled to participate in debate vote on all measures, not just when ties occur, although customarily the speaker votes only rarely, and often to make or break a tie. The tie-breaking vote has been cast 243 times by 35 different Vice Presidents. Further information: List of tie-breaking votes cast by Vice Presidents of the United States [edit]Clause 5: President pro tempore and other officers The Senate shall chuse [sic] their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States. The Senate may elect a President pro tempore to act in the Vice President's absence. Although the Constitutional text seems to suggest to the contrary, the Senate's practice has been to elect a full-time President pro tempore at the beginning of each Congress, as opposed to making it a temporary office only existing during the Vice President's absence. As is true of the Speaker of the House,[38] the Constitution does not require that the President pro tempore be a senator, but by convention, a senator is always chosen; since World War II, the senior member of the majority party has filled this position.[40] The President pro tempore, as a member of the Senate, is free to make or break a tie vote like the Speaker of the House, but in the event that the possibility of a tie vote is anticipated the Vice President is routinely on hand to ensure that the Executive Branch's policy preference prevails. [edit]Clause 6: Trial of Impeachments The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. The Senate is granted the sole power to try impeachments, just as the House of Lords could try impeachments in Great Britain. The Supreme Court has interpreted the Constitution's provision that the Senate has the "sole" power to try impeachments to mean that the Senate has exclusive and unreviewable authority to determine what constitutes an adequate impeachment trial.[41] The senators must sit on oath or affirmation, unlike the lords who voted upon their honor. The Chief Justice presides whenever the President of the United States is tried, to avoid the Vice President exercising his duties as President of the Senate and presiding over the trial of the President of the United States. Although this was probably originally intended to avoid a situation where the Vice President was presiding over a debate that could ultimately result in his promotion to the presidency (were the President convicted and removed from office), it also prevents a possibly more likely contemporary scenario, where a President accused of some offense is being tried by the Senate presided over by a Vice President who may well be sympathetic to the President, reducing the independence of the Senate's consideration of the delicate question of whether to remove a sitting chief executive. On the other hand, nothing prevents the curious circumstance of a Vice President presiding over his own impeachment trial as President of the Senate, should he be impeached (although this has never happened). A two-thirds supermajority of those Senators "present" is required to convict, although given the obvious importance of impeachment proceedings, there are generally few absent members. In addition, requiring a two-thirds majority of those members "present" has the net effect of making a present member's decision not to cast a vote either way the same as a vote against conviction.[42] This is as contrasted with typical practice, where a proposition passes, or not, based on whether it receives the appropriate majority of however many votes were cast, irrespective of how many members were present but chose not to vote.[43] However, much as impeachment trials generally have few members absent, the importance of impeachment trials is unlikely to produce many abstentions (i.e., non-votes) by present members. [edit]Clause 7: Judgment in cases of impeachment; Punishment on conviction Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. If any officer is convicted on impeachment, he or she is immediately removed from office, and may be barred from holding any public office in the future. No other punishments may be inflicted pursuant to the impeachment proceeding, but the convicted party remains liable to trial and punishment in the courts for civil and criminal charges.[44] [edit]Section 4: Congressional elections [edit]Clause 1: Time, place, and manner of holding The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing [sic] Senators. This clause generally commits to the States the authority to determine the "times, places and manner of holding elections," which includes the preliminary stages of the election process (such as a primary election), while reserving to Congress the authority to preempt State regulations with uniform national rules.[45] Congress has exercised this authority to determine a uniform date for federal elections: the Tuesday following the first Monday in November.[46] Because Congress has not enacted any on-point regulations, States still retain the authority to regulate the dates on which other aspects of the election process are held (registration, primary elections, etc.) and where elections will be held. As for regulating the "manner" of elections, the Supreme Court has interpreted this to mean "matters like notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns."[47] The Supreme Court has held that States may not exercise their power to determine the "manner" of holding elections to impose term limits on their congressional delegation.[28] One of the most significant ways that States regulate the "manner" of elections is their power to draw election districts. Although in theory Congress could draw the district map for each State,[48] it has not exercised this level of oversight. Congress has, however, required the States to conform to certain practices when drawing districts. States are currently required to use a single-member district scheme, whereby the State is divided into as many election districts for Representatives in the House of Representatives as the size of its representation in that body (that is to say, Representatives cannot be elected at-large from the whole State unless the State has only one Representative in the House, nor can districts elect more than 1 Representative).[49] Congress once imposed additional requirements that districts be composed of contiguous territory, be "compact," and have equal populations within each State.[50] Congress has allowed those requirements to lapse,[51] but the Supreme Court has re-imposed the population requirement on the States under the Equal Protection Clause[24] and is suspicious of districts that do not meet the other "traditional" districting criteria of compactness and contiguity.[52] The restriction on Congress's inability to "make or alter" regulations pertaining to the places of choosing Senators is largely an anachronism. When State Legislatures selected Senators, if Congress had been able to prescribe the place for choosing Senators, it could have in effect told each State where its state capital must be located. This would have been offensive to the concept of each State being sovereign over its own internal affairs. Now that Senators are popularly elected, it is largely a moot point. [edit]Clause 2: Sessions of Congress The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Clause 2 requires that Congress must assemble at least once each year. This was designed to force Congress to make itself available at least once in a year to provide the legislative action the country needed in the face of the transportation and communication challenges present in the 18th century. In modern practice, Congress is in session virtually year-round. Originally, the Constitution provided that the annual meeting was to be on the first Monday in December unless otherwise provided by law. The government under the Articles of Confederation had determined, as a transitional measure to the new constitution, that the date for "commencing proceedings" under the U.S. Constitution would be March 4, 1789.[53] Since the first term of the original federal officials began on this date and ended 2, 4, or 6 years later, this became the date on which new federal officials took office in subsequent years. This meant that, every other year, although a new Congress was elected in November, it did not come into office until the following March, with a "lame duck" Congress convening in the interim. As modern communications and travel made it less necessary to wait 4 months from Election Day to the swearing-in of the elected officials, it became increasingly cumbersome to elect officials in November but wait until March for them to take office. Congress eventually proposed that elected officials take office in January, instead of March; since this required cutting short (by a couple of months) the terms of the elected federal officials at the time of the proposal, Congress proposed the Twentieth Amendment, which established the present dates for when federal officials take office. While the Constitution always granted Congress the authority to meet on a different day without the need to pass an amendment, § 2 of the Twentieth Amendment "tidied up" the constitutional text by paralleling the original provision requiring that the Congress meet at least once a year in December, and changing it to January 3 (unless changed by law). Although the original Constitution allowed Congress to change its annual meeting date by statute, this change eliminated any reference to a requirement in the Constitution that a lame duck Congress meet in the period between the election of a new Congress and its taking office. [edit]Section 5: Procedure [edit]Clause 1: Qualifications of Members Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Section Five states that a majority of each House constitutes a quorum to do business; a smaller number may adjourn the House or compel the attendance of absent members. In practice, the quorum requirement is all but ignored. A quorum is assumed to be present unless a quorum call, requested by a member, proves otherwise. Rarely do members ask for quorum calls to demonstrate the absence of a quorum; more often, they use the quorum call as a delaying tactic. Sometimes, unqualified individuals have been admitted to Congress. For instance, the Senate once admitted John Henry Eaton, a twenty-eight-year-old, in 1818 (the admission was inadvertent, as Eaton's birth date was unclear at the time). In 1934, a twenty-nine-year-old, Rush Holt, was elected to the Senate; he agreed to wait six months, until his thirtieth birthday, to take the oath. The Senate ruled in that case that the age requirement applied as of the date of the taking of the oath, not the date of election. [edit]Clause 2: Rules Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a member. Each House can determine its own Rules (assuming a quorum is present), and may punish any of its members. A two-thirds vote is necessary to expel a member. Section 5, Clause 2 does not provide specific guidance to each House regarding when and how each House may change its rules, leaving details to the respective chambers. [edit]Clause 3: Record of proceedings Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the desire of one fifth of those present, be entered on the Journal. Each House must keep and publish a Journal, though it may choose to keep any part of the Journal secret. The decisions of the House—not the words spoken during debates—are recorded in the Journal; if one-fifth of those present (assuming a quorum is present) request it, the votes of the members on a particular question must also be entered. [edit]Clause 4: Adjournment Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. Neither House may adjourn, without the consent of the other, for more than three days. Often, a House will hold pro forma sessions every three days; such sessions are merely held to fulfill the constitutional requirement, and not to conduct business. Furthermore, neither House may meet in any place other than that designated for both Houses (the Capitol), without the consent of the other House.
Clause 1: Composition and election of Members The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. Section Two provides for the election of the House of Representatives every second year. Since Representatives are to be "chosen... by the People," State Governors are not allowed to appoint temporary replacements when vacancies occur in a state's delegation to the House of Representatives; instead, the Governor of the state is required by clause 4 to issue a writ of election calling a special election to fill the vacancy. The Constitution does not directly guarantee the franchise to anyone;[19] rather, it provides that those qualified to vote in elections for the largest chamber of a state's legislature may vote in congressional elections as well. Amendments to the Constitution, however, have restricted the states' ability to set such qualifications.[20] The Fifteenth Amendment and Nineteenth Amendment bar the use of race or sex as qualifications to vote in both federal and state elections. Furthermore, the Twenty-sixth Amendment provides that states may not set age requirements higher than eighteen years. The Twenty-fourth Amendment bars states from using the payment of a tax as a voter qualification in federal elections. Moreover, since the Supreme Court has recognized voting as a fundamental right,[21] the Equal Protection Clause places very tight limitations (albeit with uncertain limits) on the states' ability to define voter qualifications; it is fair to say that qualifications beyond citizenship, residency, and age are usually questionable.[22] Since clause 3 provides that Members of the House of Representatives are apportioned state-by-state and that each state is guaranteed at least one Representative, exact population equality between all districts is not guaranteed and, in fact, is currently impossible, because while the size of the House of Representatives is fixed at 435, several states had less than 1/435 of the national population at the time of the last reapportionment in 2000.[23] However, the Supreme Court has interpreted the provision of Clause One that Representatives shall be elected "by the People" to mean that, in those states with more than one member of the House of Representatives, each congressional election district within the state must have nearly identical populations.[24] [edit]Clause 2: Qualifications of Members 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. The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a citizen of the United States for the previous seven years. There is no requirement that a Representative reside within the district in which he represents; although this is usually the case, there have been occasional exceptions.[25] The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a house of Congress exercising its Section 5 authority to "judge...the...qualifications of its own members"[26] or by a state in its exercise of its Section 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives." The Supreme Court, as well as other federal courts, have repeatedly barred states from additional restrictions, such as imposing term limits on members of Congress, allowing members of Congress to be subject to recall elections, or requiring that Representatives live in the congressional district in which they represent.[27][28] However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be. [edit]Clause 3: Apportionment of Representatives and taxes Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. 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. The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse [sic] three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. The Constitution does not fix the size of the House of Representatives; instead, this clause empowers Congress to determine the size of the House as part of the apportionment process,[29] so long as the size of the House does not exceed 1 member for every 30,000 of the country's total population[30] and the size of the state's delegation does not exceed 1 for every 30,000 of the state's population[31] (although these limits have not been approached since the Founding[32]). The number is currently fixed at 435, which is around a 1 Representative: 700,000 Citizen ratio.[33] A particular number of Representatives is assigned to each State according to its share of the national population; election districts are not drawn nationally and do not cross state boundaries.[34] Congress additionally has the authority to prescribe what method shall be used to allocate Representatives to each state;[29] currently, Congress has prescribed the use of the Equal Proportions method.[35] The Constitution mandates that a Census be conducted every ten years to determine the populations of the States, and this clause provided for a temporary apportionment of seats until the first Census could be conducted. The population of a state originally included (for congressional apportionment purposes) all "free persons", three-fifths of "other persons" (i.e., slaves) and excluded untaxed Native Americans. Presently, the Census counts illegal immigrants, and Census figures are used to determine congressional seats. The three-fifths clause was a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States House of Representatives. This compromise had the effect of increasing the political power of slave-holding states by increasing their share of seats in the House of Representatives, and consequently their share in the Electoral College (where a state's influence over the election of the President is tied to the size of its congressional delegation). Following the Civil War, the Thirteenth and Fourteenth Amendments changed this arrangement by (respectively) abolishing slavery, and superseding the three-fifths clause by requiring that a state's population for apportionment purposes was to be determined by "counting the whole number of Persons" in the state, "excluding Indians not taxed." Since there are at present no such untaxed Native Americans (Indians),[36] all persons inhabiting a state — whether citizens or not — count towards the population of that state in determining the state's congressional apportionment. Originally, the amount of direct taxes that could be collected from any State was tied directly to its share of the national population. On the basis of this requirement, application of the income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found to be unconstitutional because it was not apportioned among the states;[37] that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected, because Congress had not fixed an amount of money to be raised and apportioned it between the States according to their respective shares of the national population. To permit the levying of such an income tax, Congress proposed and the states ratified the Sixteenth Amendment, which superseded this requirement by specifically providing that Congress could levy a tax on income "from whatever source derived" without it being apportioned among the States or otherwise based on a State's share of the national population. [edit]Clause 4: Vacancies When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. Section 2, Clause 4, provides that when vacancies occur in the House of Representatives, it is not the job of the House of Representatives to arrange for a replacement, but the job of the State whose vacant seat is up for refilling. Moreover, the State Governor may not appoint a temporary replacement, but must instead arrange for a special election to fill the vacancy. The original qualifications and procedures for holding that election are still valid. [edit]Clause 5: Speaker and other officers; Impeachment The House of Representatives shall chuse [sic] their Speaker and other Officers; and shall have the sole Power of Impeachment. Section Two further provides that the House of Representatives may choose its Speaker and its other officers. Though the Constitution does not mandate it, every Speaker has been a member of the House of Representatives.[38] The Speaker rarely presides over routine House sessions, choosing instead to deputize a junior member to accomplish the task. Finally, Section Two grants to the House of Representatives the sole power of impeachment. Although the Supreme Court has not had an occasion to interpret this specific provision, the Court has suggested that the grant to the House of the "sole" power of impeachment makes the House the exclusive interpreter of what constitutes an impeachable offense.[39] Impeachments are tried in the Senate (as discussed below). Clause 1: Composition; Election of Senators The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. Section Three provides that each state is entitled to two Senators chosen for a term of six years. The state legislatures originally chose the means of choosing the Senators. This provision has been superseded in 1913 by the Seventeenth Amendment, which provides for the direct election of Senators by the respective states' voters. Generally, Article Five requires that a proposal to amend the Constitution garner a two-thirds majority in both Houses of Congress, and then be ratified by three-fourths of the state legislatures. Section Three of Article I is one of a handful of clauses on which Article Five places special restrictions to be amended; in this case, Article Five provides that "no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." Thus, no individual state may have its representation in the Senate adjusted without its consent unless all other states have an identical change. That is to say, an amendment that changed this clause to provide that all states would get only one Senator (or three Senators, or any other number) could be ratified through the normal process, but an amendment that provided for some basis of representation other than strict numerical equality (for example, population, wealth, or land area) would require the assent of every state.
There are ten sections in the article. The Vesting Clause (Section One) vests "all legislative powers herein granted" to the Congress. Sections Two and Three deal with the House of Representatives and Senate respectively. The sections set the composition, term lengths, qualifications of members, officers, and methods of filling vacancies for both Houses. Section Two also requires direct taxes to "be apportioned among the several States... according to their respective Numbers" and that a census be held every ten years. Section Three also provides that the Vice President of the United States shall be President of the Senate but shall have only a tie-breaking vote. The House of Representatives is given the sole power of impeachment while the Senate is given the sole power of the trial of impeachments. Section Four gives to state legislatures the power to set the "times, Places and Manner of holding elections for Senators and Representatives," but provides for Congressional oversight of elections. The section also provides that Congress shall assemble "at least once in every year" and sets a default date for the initial assembly, later modified by the Twentieth Amendment. Section Five deals with procedure, providing that "Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business," although a small number may adjourn and compel the attendance of absent members. The section also gives to each house the power to "determine the rules of its proceedings," including the power to punish or expel a member". Each house is required to "keep a journal of its proceedings" and publish it from time to time except in special circumstances. The section also provides that neither House may adjourn without the consent of the other for more than three days or change its meeting place, without the consent of the other House. Section Six provides that members of Congress shall receive salaries, have a limited privilege from arrest during sessions of Congress, and immunity "for any Speech or Debate in either House." The section also provides that no member may simultaneously serve in Congress and "be appointed to any civil Office under the Authority of the United States", and also may not serve in any such office "which shall have been created, or the Emoluments whereof shall have been increased" during the member's term in office. Section Seven deals with legislative procedure, providing that all bills for revenue must originate in the House of Representative. The section also introduces the veto power of the President of the United States, and describes its powers and limitations. Section Eight gives to the Congress certain broad enumerated powers. Among these are the power to lay and collect taxes and provide for the common defense and general welfare of the United States; to borrow money on the credit of the United States, to regulate interstate, foreign, and Indian commerce; (5) To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures; and to create courts inferior to the Supreme Court among many others. The section also gives to Congress the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States." Section Nine places limits on]Clause 2: Qualifications of Members 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. The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a citizen of the United States for the previous seven years. There is no requirement that a Representative reside within the district in which he represents; although this is usually the case, there have been occasional exceptions.[25] The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a house of Congress exercising its Section 5 authority to "judge...the...qualifications of its own members"[26] or by a state in its exercise of its Section 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives." The Supreme Court, as well as other federal courts, have repeatedly barred states from additional restrictions, such as imposing term limits on members of Congress, allowing members of Congress to be subject to recall elections, or requiring that Representatives live in the congressional district in which they represent.[27][28] However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be. [edit]Clause 3: Apportionment of Representatives and taxes Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. 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. The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse [sic] three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. The Constitution does not fix the size of the House of Representatives; instead, this clause empowers Congress to determine the size of the House as part of the apportionment process,[29] so long as the size of the House does not exceed 1 member for every 30,000 of the country's total population[30] and the size of the state's delegation does not exceed 1 for every 30,000 of the state's population[31] (although these limits have not been approached since the Founding[32]). The number is currently fixed at 435, which is around a 1 Representative: 700,000 Citizen ratio.[33] A particular number of Representatives is assigned to each State according to its share of the national population; election districts are not drawn nationally and do not cross state boundaries.[34] Congress additionally has the authority to prescribe what method shall be used to allocate Representatives to each state;[29] currently, Congress has prescribed the use of the Equal Proportions method.[35] The Constitution mandates that a Census be conducted every ten years to determine the populations of the States, and this clause provided for a temporary apportionment of seats until the first Census could be conducted. The population of a state originally included (for congressional apportionment purposes) all "free persons", three-fifths of "other persons" (i.e., slaves) and excluded untaxed Native Americans. Presently, the Census counts illegal immigrants, and Census figures are used to determine congressional seats. The three-fifths clause was a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States House of Representatives. This compromise had the effect of increasing the political power of slave-holding states by increasing their share of seats in the House of Representatives, and consequently their share in the Electoral College (where a state's influence over the election of the President is tied to the size of its congressional delegation). Following the Civil War, the Thirteenth and Fourteenth Amendments changed this arrangement by (respectively) abolishing slavery, and superseding the three-fifths clause by requiring that a state's population for apportionment purposes was to be determined by "counting the whole number of Persons" in the state, "excluding Indians not taxed." Since there are at present no such untaxed Native Americans (Indians),[36] all persons inhabiting a state — whether citizens or not — count towards the population of that state in determining the state's congressional apportionment. Originally, the amount of direct taxes that could be collected from any State was tied directly to its share of the national population. On the basis of this requirement, application of the income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found to be unconstitutional because it was not apportioned among the states;[37] that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected, because Congress had not fixed an amount of money to be raised and apportioned it between the States according to their respective shares of the national population. To permit the levying of such an income tax, Congress proposed and the states ratified the Sixteenth Amendment, which superseded this requirement by specifically providing that Congress could levy a tax on income "from whatever source derived" without it being apportioned among the States or otherwise based on a State's share of the national population. [edit]Clause 4: Vacancies]Clause 2: Qualifications of Members 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. The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a citizen of the United States for the previous seven years. There is no requirement that a Representative reside within the district in which he represents; although this is usually the case, there have been occasional exceptions.[25] The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a house of Congress exercising its Section 5 authority to "judge...the...qualifications of its own members"[26] or by a state in its exercise of its Section 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives." The Supreme Court, as well as other federal courts, have repeatedly barred states from additional restrictions, such as imposing term limits on members of Congress, allowing members of Congress to be subject to recall elections, or requiring that Representatives live in the congressional district in which they represent.[27][28] However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be. [edit]Clause 3: Apportionment of Representatives and taxes Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. 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. The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse [sic] three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. The Constitution does not fix the size of the House of Representatives; instead, this clause empowers Congress to determine the size of the House as part of the apportionment process,[29] so long as the size of the House does not exceed 1 member for every 30,000 of the country's total population[30] and the size of the state's delegation does not exceed 1 for every 30,000 of the state's population[31] (although these limits have not been approached since the Founding[32]). The number is currently fixed at 435, which is around a 1 Representative: 700,000 Citizen ratio.[33] A particular number of Representatives is assigned to each State according to its share of the national population; election districts are not drawn nationally and do not cross state boundaries.[34] Congress additionally has the authority to prescribe what method shall be used to allocate Representatives to each state;[29] currently, Congress has prescribed the use of the Equal Proportions method.[35] The Constitution mandates that a Census be conducted every ten years to determine the populations of the States, and this clause provided for a temporary apportionment of seats until the first Census could be conducted. The population of a state originally included (for congressional apportionment purposes) all "free persons", three-fifths of "other persons" (i.e., slaves) and excluded untaxed Native Americans. Presently, the Census counts illegal immigrants, and Census figures are used to determine congressional seats. The three-fifths clause was a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States House of Representatives. This compromise had the effect of increasing the political power of slave-holding states by increasing their share of seats in the House of Representatives, and consequently their share in the Electoral College (where a state's influence over the election of the President is tied to the size of its congressional delegation). Following the Civil War, the Thirteenth and Fourteenth Amendments changed this arrangement by (respectively) abolishing slavery, and superseding the three-fifths clause by requiring that a state's population for apportionment purposes was to be determined by "counting the whole number of Persons" in the state, "excluding Indians not taxed." Since there are at present no such untaxed Native Americans (Indians),[36] all persons inhabiting a state — whether citizens or not — count towards the population of that state in determining the state's congressional apportionment. Originally, the amount of direct taxes that could be collected from any State was tied directly to its share of the national population. On the basis of this requirement, application of the income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found to be unconstitutional because it was not apportioned among the states;[37] that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected, because Congress had not fixed an amount of money to be raised and apportioned it between the States according to their respective shares of the national population. To permit the levying of such an income tax, Congress proposed and the states ratified the Sixteenth Amendment, which superseded this requirement by specifically providing that Congress could levy a tax on income "from whatever source derived" without it being apportioned among the States or otherwise based on a State's share of the national population. [edit]Clause 4: Vacancies]Clause 2: Qualifications of Members 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. The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a citizen of the United States for the previous seven years. There is no requirement that a Representative reside within the district in which he represents; although this is usually the case, there have been occasional exceptions.[25] The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a house of Congress exercising its Section 5 authority to "judge...the...qualifications of its own members"[26] or by a state in its exercise of its Section 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives." The Supreme Court, as well as other federal courts, have repeatedly barred states from additional restrictions, such as imposing term limits on members of Congress, allowing members of Congress to be subject to recall elections, or requiring that Representatives live in the congressional district in which they represent.[27][28] However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be. [edit]Clause 3: Apportionment of Representatives and taxes Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. 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. The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse [sic] three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. The Constitution does not fix the size of the House of Representatives; instead, this clause empowers Congress to determine the size of the House as part of the apportionment process,[29] so long as the size of the House does not exceed 1 member for every 30,000 of the country's total population[30] and the size of the state's delegation does not exceed 1 for every 30,000 of the state's population[31] (although these limits have not been approached since the Founding[32]). The number is currently fixed at 435, which is around a 1 Representative: 700,000 Citizen ratio.[33] A particular number of Representatives is assigned to each State according to its share of the national population; election districts are not drawn nationally and do not cross state boundaries.[34] Congress additionally has the authority to prescribe what method shall be used to allocate Representatives to each state;[29] currently, Congress has prescribed the use of the Equal Proportions method.[35] The Constitution mandates that a Census be conducted every ten years to determine the populations of the States, and this clause provided for a temporary apportionment of seats until the first Census could be conducted. The population of a state originally included (for congressional apportionment purposes) all "free persons", three-fifths of "other persons" (i.e., slaves) and excluded untaxed Native Americans. Presently, the Census counts illegal immigrants, and Census figures are used to determine congressional seats. The three-fifths clause was a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States House of Representatives. This compromise had the effect of increasing the political power of slave-holding states by increasing their share of seats in the House of Representatives, and consequently their share in the Electoral College (where a state's influence over the election of the President is tied to the size of its congressional delegation). Following the Civil War, the Thirteenth and Fourteenth Amendments changed this arrangement by (respectively) abolishing slavery, and superseding the three-fifths clause by requiring that a state's population for apportionment purposes was to be determined by "counting the whole number of Persons" in the state, "excluding Indians not taxed." Since there are at present no such untaxed Native Americans (Indians),[36] all persons inhabiting a state — whether citizens or not — count towards the population of that state in determining the state's congressional apportionment. Originally, the amount of direct taxes that could be collected from any State was tied directly to its share of the national population. On the basis of this requirement, application of the income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found to be unconstitutional because it was not apportioned among the states;[37] that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected, because Congress had not fixed an amount of money to be raised and apportioned it between the States according to their respective shares of the national population. To permit the levying of such an income tax, Congress proposed and the states ratified the Sixteenth Amendment, which superseded this requirement by specifically providing that Congress could levy a tax on income "from whatever source derived" without it being apportioned among the States or otherwise based on a State's share of the national population. [edit]Clause 4: Vacancies]Clause 2: Qualifications of Members 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. The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a citizen of the United States for the previous seven years. There is no requirement that a Representative reside within the district in which he represents; although this is usually the case, there have been occasional exceptions.[25] The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a house of Congress exercising its Section 5 authority to "judge...the...qualifications of its own members"[26] or by a state in its exercise of its Section 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives." The Supreme Court, as well as other federal courts, have repeatedly barred states from additional restrictions, such as imposing term limits on members of Congress, allowing members of Congress to be subject to recall elections, or requiring that Representatives live in the congressional district in which they represent.[27][28] However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be. [edit]Clause 3: Apportionment of Representatives and taxes Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. 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. The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse [sic] three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. The Constitution does not fix the size of the House of Representatives; instead, this clause empowers Congress to determine the size of the House as part of the apportionment process,[29] so long as the size of the House does not exceed 1 member for every 30,000 of the country's total population[30] and the size of the state's delegation does not exceed 1 for every 30,000 of the state's population[31] (although these limits have not been approached since the Founding[32]). The number is currently fixed at 435, which is around a 1 Representative: 700,000 Citizen ratio.[33] A particular number of Representatives is assigned to each State according to its share of the national population; election districts are not drawn nationally and do not cross state boundaries.[34] Congress additionally has the authority to prescribe what method shall be used to allocate Representatives to each state;[29] currently, Congress has prescribed the use of the Equal Proportions method.[35] The Constitution mandates that a Census be conducted every ten years to determine the populations of the States, and this clause provided for a temporary apportionment of seats until the first Census could be conducted. The population of a state originally included (for congressional apportionment purposes) all "free persons", three-fifths of "other persons" (i.e., slaves) and excluded untaxed Native Americans. Presently, the Census counts illegal immigrants, and Census figures are used to determine congressional seats. The three-fifths clause was a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States House of Representatives. This compromise had the effect of increasing the political power of slave-holding states by increasing their share of seats in the House of Representatives, and consequently their share in the Electoral College (where a state's influence over the election of the President is tied to the size of its congressional delegation). Following the Civil War, the Thirteenth and Fourteenth Amendments changed this arrangement by (respectively) abolishing slavery, and superseding the three-fifths clause by requiring that a state's population for apportionment purposes was to be determined by "counting the whole number of Persons" in the state, "excluding Indians not taxed." Since there are at present no such untaxed Native Americans (Indians),[36] all persons inhabiting a state — whether citizens or not — count towards the population of that state in determining the state's congressional apportionment. Originally, the amount of direct taxes that could be collected from any State was tied directly to its share of the national population. On the basis of this requirement, application of the income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found to be unconstitutional because it was not apportioned among the states;[37] that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected, because Congress had not fixed an amount of money to be raised and apportioned it between the States according to their respective shares of the national population. To permit the levying of such an income tax, Congress proposed and the states ratified the Sixteenth Amendment, which superseded this requirement by specifically providing that Congress could levy a tax on income "from whatever source derived" without it being apportioned among the States or otherwise based on a State's share of the national population. [edit]Clause 4: Vacancies]Clause 2: Qualifications of Members 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. The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a citizen of the United States for the previous seven years. There is no requirement that a Representative reside within the district in which he represents; although this is usually the case, there have been occasional exceptions.[25] The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a house of Congress exercising its Section 5 authority to "judge...the...qualifications of its own members"[26] or by a state in its exercise of its Section 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives." The Supreme Court, as well as other federal courts, have repeatedly barred states from additional restrictions, such as imposing term limits on members of Congress, allowing members of Congress to be subject to recall elections, or requiring that Representatives live in the congressional district in which they represent.[27][28] However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be. [edit]Clause 3: Apportionment of Representatives and taxes Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. 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. The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse [sic] three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. The Constitution does not fix the size of the House of Representatives; instead, this clause empowers Congress to determine the size of the House as part of the apportionment process,[29] so long as the size of the House does not exceed 1 member for every 30,000 of the country's total population[30] and the size of the state's delegation does not exceed 1 for every 30,000 of the state's population[31] (although these limits have not been approached since the Founding[32]). The number is currently fixed at 435, which is around a 1 Representative: 700,000 Citizen ratio.[33] A particular number of Representatives is assigned to each State according to its share of the national population; election districts are not drawn nationally and do not cross state boundaries.[34] Congress additionally has the authority to prescribe what method shall be used to allocate Representatives to each state;[29] currently, Congress has prescribed the use of the Equal Proportions method.[35] The Constitution mandates that a Census be conducted every ten years to determine the populations of the States, and this clause provided for a temporary apportionment of seats until the first Census could be conducted. The population of a state originally included (for congressional apportionment purposes) all "free persons", three-fifths of "other persons" (i.e., slaves) and excluded untaxed Native Americans. Presently, the Census counts illegal immigrants, and Census figures are used to determine congressional seats. The three-fifths clause was a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States House of Representatives. This compromise had the effect of increasing the political power of slave-holding states by increasing their share of seats in the House of Representatives, and consequently their share in the Electoral College (where a state's influence over the election of the President is tied to the size of its congressional delegation). Following the Civil War, the Thirteenth and Fourteenth Amendments changed this arrangement by (respectively) abolishing slavery, and superseding the three-fifths clause by requiring that a state's population for apportionment purposes was to be determined by "counting the whole number of Persons" in the state, "excluding Indians not taxed." Since there are at present no such untaxed Native Americans (Indians),[36] all persons inhabiting a state — whether citizens or not — count towards the population of that state in determining the state's congressional apportionment. Originally, the amount of direct taxes that could be collected from any State was tied directly to its share of the national population. On the basis of this requirement, application of the income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found to be unconstitutional because it was not apportioned among the states;[37] that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected, because Congress had not fixed an amount of money to be raised and apportioned it between the States according to their respective shares of the national population. To permit the levying of such an income tax, Congress proposed and the states ratified the Sixteenth Amendment, which superseded this requirement by specifically providing that Congress could levy a tax on income "from whatever source derived" without it being apportioned among the States or otherwise based on a State's share of the national population. [edit]Clause 4: Vacancies powers of Congress and the government. The section provides that the writ of habeas corpus shall not be suspended "except when in cases of rebellion or invasion the public safety may require it"; prohibits bills of attainder or ex post facto laws; bars the imposition of taxes or duties on articles exported from any state or the granting of preference to ports of one state over another; and prohibits civil officers from accepting titles of nobility without the consent of Congress. The section also provides that "No money shall be drawn from the treasury, but in consequence of appropriations made by law," and that a statement of receipts and expenditures of public money "be published from time to time." This section barred Congress from banning the import of slaves from abroad or from laying a duty of more than 10 dollars on each imported slave until 1808; Congress banned the slave trade on January 1, 1808, as soon as constitutionally allowed. Section Ten sets limits on states, reserving certain powers exclusively to the Congress. States are prohibited from coining money or making anything other than gold or silver coin legal tender for payment of debts and are prohibited from entering into treaties or alliances, although compacts with other states are allowed with the permission of Congress. States are also not permitted to lay duties, keep troops or warships in peacetime with Congressional approval, or engage in war unless actually invaded or in imminent danger. States also are barred from laying imposts or duties on imports or exports except for the fulfillment of state inspection laws, which may be revised by Congress, and any net revenue of such duties is remitted to the federal treasury. Finally, states, like Congress, may not pass bills of attainder or ex post facto laws, nor grant any title of nobility. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 1 is a vesting clause, granting all the federal government's legislative authority to Congress. Similar vesting clauses are found in Articles II and III, which grant "the executive power" to the President and "the judicial power" to the federal judiciary. In legal garb, the working definition of "herein" connotes specificity and exclusivity. The Vesting Clauses thus establishes the principle of separation of powers by specifically giving to each branch of the federal government only those powers it can exercise and no others.[1] This means that no branch may exercise powers that properly belong to another (e.g., since the legislative power is only vested in Congress, the executive and judiciary may not enact laws).[2] The language "herein granted" in Article I's vesting clause has been interpreted to mean that the powers Congress are to exercise are exclusively those specifically provided for in Article I.[3] The clause "herein granted" was further defined and elaborated by the tenth amendment. Thus, this congressional clause is contrasted by the general vesting of the executive and judicial powers in Articles II and III in the branches of government those articles govern, which has been interpreted to mean that those branches enjoy "residual" or "implied" powers beyond those specifically mentioned, as contrasted with the Congress, which is vested with those legislative powers "herein granted;"[4] however, there is substantial contemporary disagreement about the precise extent of the powers conferred by the general vesting clauses. As a corollary to the fact that Congress, and only Congress, is vested with the legislative power, Congress (in theory) cannot delegate legislative authority to other branches of government (e.g., the Executive Branch), a rule known as the nondelegation doctrine.[5] However, the Supreme Court has ruled that Congress does have latitude to delegate regulatory powers to executive agencies as long as it provides an "intelligible principle" which governs the agency's exercise of the delegated regulatory authority.[6] In practice, the Supreme Court has only invalidated four statutes on non-delegation grounds in its history, three of which were invalidated in the mid-1930s. The fourth, the Line Item Veto Act of 1996, was invalidated in 1998.[7] The nondelegation doctrine is primarily used now as a way of interpreting a congressional delegation of authority narrowly,[8] in that the courts presume Congress intended only to delegate that which it certainly could have, unless it clearly demonstrates it intended to "test the waters" of what the courts would allow it to do.[9] Although not specifically mentioned in the Constitution, Congress has also long asserted the power to investigate and the power to compel cooperation with an investigation.[10] The Supreme Court has affirmed these powers as an implication of Congress's power to legislate.[11] Since the power to investigate is an aspect of Congress's power to legislate, it is as broad as Congress's powers to legislate.[12] However, it is also limited to inquiries that are "in aid of the legislative function;"[13] Congress may not "expose for the sake of exposure."[14] It is uncontroversial that a proper subject of Congress's investigation power is the operations of the federal government, but Congress's ability to compel the submission of documents or testimony from the President or his subordinates is often-discussed and sometimes controversial (see executive privilege), although not often litigated. As a practical matter, the limitation of Congress's ability to investigate only for a proper purpose ("in aid of" its legislative powers) functions as a limit on Congress's ability to investigate the private affairs of individual citizens; matters that simply demand action by another branch of government, without implicating an issue of public policy necessitating legislation by Congress, must be left to those branches due to the doctrine of separation of powers.[15] The courts are highly deferential to Congress's exercise of its investigation powers, however. Congress has the power to investigate that which it could regulate,[12] and the courts have interpreted Congress's regulatory powers broadly since the Great Depression. Additionally, the courts will not inquire into whether Congress has an improper motive for an investigation (i.e., using a legitimate legislative purpose as a cover for "expos[ing] for the sake of exposure"), focusing only on whether the matter is within Congress's power to regulate and, thus, investigate.[16] Persons called before a congressional investigatory committee are entitled to the constitutional guarantees of individual rights, such as those in the Bill of Rights.[17] Congress can punish those who do not cooperate with an investigation via holding violators in contempt of Congress.[18]