The U.S. Constitution Article I

Article I of the U.S. Constitution is divided into ten sections of varying length.  This article establishes Congress, describes it, and identifies its powers.

Section 1
States that "all legislative powers" are granted to Congress, which is comprised of the House of Representatives and the Senate.

Section 2
Section 2 describes the the House of Representatives, the qualifications for election to that body, and

explains how representatives are apportioned to the states.  Members of the House (Representatives) are elected every 2 years, must be at least 25 years old, and are required to have been a citizen of the U.S. for at least seven years.  They must, at the time of their election, live in the state in which they were elected (but not the specific district).  Representatives are distributed (apportioned) to the states based on the population of each state - which is determined by the census.  Each state is guaranteed at least one member of the House of Representatives, regardless of population.

Note:  Members of the House generally represent a distinct geographical unit known as a Congressional District.  Once a state knows how many representatives it will have, the state is responsible for drawing these districts.  If there are changes, this process is generally referred to as "redistricting."

The House of Representatives is entitled to select its Speaker and other officers, and is given the "sole power of impeachment."

Note:  Impeachment is commonly misunderstood as the removing of a President from office.  It is not.  Impeachment is the bringing of formal charges against the President (or other federal officials) through a vote of the House.  Only a simple majority is required to achieve an impeachment.  Only two Presidents have ever been formally impeached by the House of Representatives:  Andrew Johnson and Bill Clinton.

Section 3
Section 3 describes the Senate, establishes the criteria for being a member of that body, and explains the selection process for Senators.  Each state has been allotted two senators, who are chosen every six years.

Note:  Unlike the House, only one-third of the Senate is elected every two years.  In addition, Members of the Senate were originally selected by the state legislatures.  State switched to popular elections of Senators after passage of the 17th Amendment.

Senators must be at least 30 years old, a citizen of the United States for at least nine years, and must, at the time of election, live in the state from which they are elected.

The Vice President of the United States is named as the President of the Senate.  However, the Vice President has no vote on legislation unless there is a tie.  The Senate is given authority to select a "President pro tempore" to serve when the Vice President is absent, and to select its other officers.

The Senate is given the "sole power" to try impeachment cases.  When the President of the U.S. is the subject of an impeachment trial, the Chief Justice of the Supreme Court is required to preside over the proceedings.  A vote for conviction must achieve two-thirds of the members present.

The punishment for conviction may not exceed removal of office and disqualification to hold any further office  under the United States.  However, an individual who has been convicted in an impeachment trial, is still subject to criminal prosecution.

Section 4
Section 4 grants state governments the authority to create the "times, places, and manner" of holding elections for Members of the House and Senate.  But Congress is granted the authority to alter these.

Section 5
Section 5 of the Article I grants each chamber the authority to:

• Certify the elections of its own members
• Determine its rules of proceedings
• Discipline its members (including the power to expel members)

 This section also requires both chambers to keep a journal of its proceedings and to publish that journal.  It prevents either chamber from adjourning for longer than three days without the consent of the other.  It also defines what constitutes a quorum for conducting business.

Section 6
Section 6 protects Members of Congress from arrest while in session, or while going or coming from

session.  It also protects them from "questioning" regarding their participation in a speech or debate in either chamber.

This section also authorizes the compensation of Members of Congress for their service.  In addition, it prohibits Members of Congress from simultaneously holding any other office under the U.S., or from accepting a newly created position, or one whose compensation was increased, during the time of their term.

Section 7
Section 7 of Article I outlines the process for a bill (proposed law) to become a law.  It must:

• Be passed by both the House and Senate
• Be signed by the President

If the president refuses to sign a bill passed by both the House and Senate, then they may override the president's veto by a two-thirds majority vote (each chamber must achieve a two-thirds majority).  If this is accomplished, the bill becomes law.  If a bill is not signed or vetoed by a president within ten days, it becomes law - unless Congress adjourns in that time span, then the bill does not become law.

This section also requires that all bill for "raising revenue" shall be initiated by the House of Representatives.

Section 8

Section 8 lists the "enumerated powers" (those powers specifically granted) of Congress.  The following is an abbreviated listing of those powers:

• To assess and collect taxes, duties imposts and excises (these must be uniform throughout the country)
• To provide for the common defense
• To provide for the general welfare of the nation
• To borrow money
• To regulate commerce with foreign nations, Indian Tribes, and among the states
• To create naturalization laws
• To create bankruptcy laws
• To coin money and regulate its value and to establish a "standard of weights & measures"
• To punish counterfeiting
• To establish post offices
• To authorize patents, copyrights, and trademarks
• To create federal courts (below the Supreme Court)\
• To define and punish piracy
• To declare war
• To raise armies and maintain a navy
• To make rules for the military
• To organize, arm, discipline, and utilize militias.
• To exercise exclusive authority over Washington, DC
• To make all laws "necessary and proper" for executing these powers (this is called the "Necessary & Proper" clause)

Section 9

Section 9 specifically bans certain powers from Congress.  Such unauthorized powers include:

• Suspending the writ of habeas corpus
• Authorizing bills of attainder or ex post facto laws
• Allowing states to tax one another's exported goods
• Spending money not appropriated by Congress 
• Issuing titles of nobility

Section 10

Section 10 specifically bans certain powers from being used by the state governments.  These include:

• Entering into treaties or alliances
• Coining money
• Passing Bills of attainder or ex post facto laws
• Failing to enforce contracts
• Granting titles of nobility
• Assess imposts or duties on imports or exports
• Engage in war (unless attacked)