Gov Article 1

quorum

-more than half the members must be present to conduct business -most times they still conduct without it -have to have a quorum to conduct meetings

Qualifications of Representatives

1- must be at least 25 yrs old 2- must have been a us citizen for at least 7 years 3- must live in the state from which he or she is chosen

Qualifications of Senators

30 yrs old US citizen for 9 yrs live in state he represents

bill of attainder

A bill of Attainder is a law passed by a legislature to convict a person of a crime. It also set a punishment. The person does not receive a trial in a court of law. An ex post facto law is retroactive. It punishes people for doing something that was not a crime when they did it. Congress cannot pass these kinds of laws.

copyright

A copyright is granted to a person who writes books, composed music, or creates artwork of some kind. If you wish to make copy of a book or use part of an invention, you must pay a fee to the copyright or patent holder for each copy you make.

If the President is trial

Chief Justice of the United States presides over the trial. In other cases, the Vice-President presides. The senators vote on whether the accused is guilty or not guilty. To convict an official, two-thirds of the senators must vote guilty.

clause 18

Clause 18 is sometimes called the elastic clause because it stretches Congress' power. It does not give Congress power to do whatever it wants. However, this clause has been interpreted generously, so that the federal government has a good deal more power than one might think from reading the first seventeen sections.

bankruptcy

Congress also has the power to pass bankruptcy laws, but they must be the same throughout the United States. Bankruptcy is the legal term for not being able to pay debts. Bankruptcy laws set up rules for paying debts when a person does not have the money to pay them all. The Court will divide most of the debtor's property among those to whom he or she owes money. The Court may then cancel the rest of the debts so that the debtor can make a new start in life.

congress and national guard

Congress can decide how the National Guard is to be set up and trained. It can also make rules for the conduct of these soldiers when they are called out by the central government. However, the states have the right to select the officers of the Guard and to see that the Guard is trained according to the rules made by Congress.

copyright and patents

Congress can encourage science, industry, and the arts by passing patent and copyright laws. Such laws prevent others from profiting from the work of inventors and artists for a certain period of time. Copyrights and patents do not last forever. After a number of years, anyone may copy a book or an invention without paying a fee.

naturalization

Congress can pass laws that say how people born in other countries can be naturalized, or become United States citizens. At present, laws passed by Congress require that a person from another country must live in the United States for five years, pass a test about the Constitution, and meet several other requirements in order to become a citizen.

regulating commerce

Congress can pass laws to control commerce, or trade, with other countries, among the states, and with Indian nations. This is one of Congress' most important powers. Under the Articles of Confederation, the states controlled commerce and the nation's economy suffered. Now Congress controls trade. It can regulate nearly everything that moves from one state to another or from out country to another country.

postal service

Congress can provide for a postal service and the roads to be used in delivering the mail.

equal treatment of state ports

Congress cannot make laws that favor one state's harbors over another's. Ships from one state may enter the ports of other states without paying duties.

export duties

Congress cannot tax goods or products being sent from any state to a foreign country.

borrowing money

Congress has the power to borrow money for the government to use. The Constitution sets no limit on the amount of money the government may borrow. In times of great emergency, such as wars, the government has borrowed large sums of money. During World War II, the amount owned by the government-the national debt-skyrocketed. Since that war, the government has gone further and further into debt. About 5 trillion dollars as of 2005.

money weights and measures

Congress has the power to coin money and to say how much it is worth. It also has the power to say how much foreign money is worth in American money. Congress has the power to define weights and measures to that they will be the same throughout the country.

declaring war

Congress has the power to declare war. Congress can also make rules about seizing enemy property on land or sea. In 1856 Congress gave up the practice of granting letters of "marque and reprisal." That is, letters which gave people the right to capture and destroy ships and goods of enemy nations without being guilty of piracy. Congress now follows the rule of international law.

national capital

Congress has the power to make all laws needed to carry out the powers granted in clauses 1 through 17. Congress also has the power to make all laws needed to carry out powers that other parts of the Constitution give to Congress or other federal officials.

other powers

Congress has the power to make all laws needed to carry out the powers granted in clauses 1 through 17. Congress also has the power to make all laws needed to carry out powers that other parts of the Constitution give to Congress or other federal officials.

piracy and international laws

Congress has the power to make laws about crimes committed on international waters. Congress also has the power to make laws to punish those who break treaties or those who do not follow international customs, which we call international law.

punishing counterfeiters

Congress has the power to punish persons who make fake bond, stamps, or money.

military forces

Congress has the power to raise an army and a navy and to give them supplies. But Congress may not appropriate or provide money for the army for more than *two years* at a time. No limit was put on the appropriations for the navy. Congress also the power to make rules for the organization and conduct of the armed services.

taxing

Congress has the power to raise money by taxing. This money can be used to pay the debts of the central government, to defend the country, and to provide services for the good of all people. Most kinds of federal taxes must be the same in all parts of the country

lower court

Congress has the power to set up courts that are lower in authority than the Supreme Court. It is Congress that determines how many federal courts we will have and what kind of cases these courts will hear.

care of public money

Government money can be spent only if Congress passes a law for that purpose. An account of how much money is collected and how it is spent must be kept and made public.

direct taxes

If Congress levies "direct" taxes, they must be based upon population. The wealth or physical size of states cannot be considered.

Filling Vacances

If a representative dies or leaves office, the governor-the executive authority-of the state calls an election to fill the vacancy.

Impeachment and congress

Impeachment gives Congress a check on the power of both the President and the judicial branch. However, it is a check that is not used very often. The House has impeached only two presidents and the rest were federal judges.

what congress and state cannot do

Limitations on Congress: Congress could make no law before *1808* to forbid the international sale of slaves. It could place a tax as high as $10 on each slave brought into the country. This clause was part of the compromise over commerce. By agreeing that the foreign slave trade might be ended *20 years* later, the Southerners gained a more favorable wording of other clauses. The writers did not use the word slave anywhere in the original Constitution. Even the expression "such persons" was part of a compromise.

habeas corpus

Only when the United States is in serious danger from rebellion or invasion can the courts be forbidden to issue papers called writs of habeas corpus. A writ of habeas corpus forces a jailer or other person to bring a prisoner into court so that a judge can decide whether he or she is being held lawfully.

President Pro Tempore

Senate chooses its other officers, including presiding officer called "President Pro Tempore" and this person presides at senate meetings when vice pres. is absent or when vice pres. serves as pres.

Supreme Court & 16th Amendment

Supreme court said income taxes and taxes on land were direct, but income taxes no longer have to be based on pop. bc of the 16th Amendment

the capital

The District of Columbia was set up as the site of the capital. Both *Maryland and Virginia* ceded, or gave up, land to form the district, but Virginia received its part back because the government did not need it. The city of Washington was built in the District of Columbia. In 1974 Congress gave the District a charter that allowed a mayor and a thirteen-member city council to be elected. Still, Congress can overrule city council actions.

president considering bills

The President does not have to consider every bill. Bills can become law by not being signed or vetoed ten days after they were passed by Congress. However, any bill that is passed by Congress in the last ten days that Congress is in session must be signed by the President to become law. If the bill is not signed within these *ten days*, it has, in effect, been vetoed. This is called a pocket veto. The President puts it in his pocket and forgets about it, so to speak.

presidents consent

The President's approval is needed for other matters in addition to laws. Any order, resolution, or vote that must be approved by both houses of Congress must also be approved by the President or passed over his veto by a *two-thirds* vote of both houses. However, Congress does not need the President's approval to end its meetings for the year.

titles of nobility

The United States government cannot give a title of nobility (such as a count, duchess, earl) to anyone. No one in the service of the United States can accept a title, present, or a position from another country without permission of Congress. The second clause was intended to prevent foreign governments from corrupting United States officials.

limitations of the states:

The clause lists things that states may never do: 1. States cannot make treaties with other countries or become part of another country. 2. They cannot give private citizens permission to fight other countries. 3. They cannot coin their own money or issue paper money. 4. They cannot pass laws that allow anything other than gold or silver to used as money. 5. They cannot pass laws declaring a particular person guilty of an offense and describing the punishment. 6. They cannot pass laws that would punish a person for doing something that was not a crime when it was done. 7. They cannot pass laws that excuse people from carrying out lawful agreements. 8. They cannot give titles of nobility.

Basis of Representation

The number of representatives a state has is based on the number of people in the state. When there were slaves, only three-fifths of them were counted. This was changed by the Thirteenth Amendment. Only "direct" taxes have to be based on population, and not all taxes are "direct."

state militias

The volunteer armed forces of the different states used to be called the militia. Since the National Defense Act of 1916, the "militia" has been called the National Guard. This clause gives Congress the power to see that the Guard is called out to enforce the national laws, to put down rebellion, and to drive out invading enemies.

writ of habeas corpus

The writ of habeas corpus was an important guarantee of personal liberty in England, and it is protected by the Constitution even against action by Congress. So long as the writ is allowed, the courts will set free anyone who is locked up by the government against the law.

kinds of taxes

There are many kinds of taxes. An impost is a tax on imports, that is, goods brought into the country. Imposts and some other taxes are called duties. An excise tax is a tax on the manufacture, sale, or use of goods. Only duties, imposts, and excises are required to be the same throughout the country.

actions requiring congressional approval

These two clauses list the things that states may do only with the approval of Congress. 1. States cannot tax goods coming from or going to other countries unless Congress agrees. However, states may charge an inspection fee if necessary. Any profit from state import or export taxes must go into the United States treasury. These state tax laws may be changed by Congress. 2. Unless Congress provides otherwise, states may not tax ships for using their ports, or 3. Keep troops (except the a National Guard) or warships in time of peace. 4. States cannot make agreements with other states or with foreign countries unless Congress agrees. 5. States cannot go to war unless they have been invaded or are in such great danger that delay would be disastrous.

clause 18 allowed gov to adapt to need of times

This clause has allowed the government to adapt to needs of the times. For example, Congress used this power to create a national bank. Congress also used this power to create a new branch of the armed forces-the Air Force.

bill

a proposal for a law that has not yet been adopted the senate may amend these money bills

emoluments

another word for salary

Presidents veto

bill must pass both houses of congress Then, if the President signs the bill, it becomes law. If the President does not agree with the provisions or parts of a bill, he can refuse to approve it. In that case the bill does not become a law unless it is passed again. This time *two-thirds* of the members of each house must vote for it. The bill then becomes a law without the President's approval this is checks and balance at work- congress must pass a bill for pres to sign or veto it

rules of house and senate

both make rules for conducting business punish members for not following rules 2/3 of members must agree to expel a member

quorum call

business cannot be conducted without a quorum but asking for a quorum call can force others to attend each house has power to make members pay a penalty for not attending meetings

census

count of the people must be taken every 10 years Congress decides how the count will be made- and uses the results to decide how many representatives each state will have Congress has limited it to 435 since the year 1910

congress

divided into 2 parts called houses- Senate and House of Representatives

Choosing Senators

divided into 3 equal groups 1 held office for only 2 years second held office for 4 yrs 3rd held office for 6 yrs length of terms for all senators became 6 yrs Today the terms of senators are arranged so that no more than one-third of the Senate is up for election at any one time. This allows the Senate to change in a gradual way, unlike the House of Representatives The Seventeenth Amendment changed the rules about replacing senators who resigned or died.

date of election of reps and senators

first tuesday after the first monday in november of even numbered years and elected by a secret ballot

pocket veto

has *10* days to consider a bill after receiving it (pres.) if kept longer then it becomes a law

Journal

house of rep and senate keep a journal- dail record of meetings keeping things secret- dont put them on the record if *1/5* present favor it, the record must show how each member voted on a question- printed in *congressional record*

qualification and quorum

house of rep. deicides if memberes entitled to be in house senate decides if senators are entitled to be in senate they have to meet age, residence, citizenship requirements set in artcile 1-3

veto

is a refusal to approve a law. The President's veto is a check on the power of Congress. However, Congress has a power which serves to balance the President's veto. Congress has the power to override, or overturn, the veto by repassing the bill by a *two-thirds* vote. The President may not approve one part of a bill and veto other parts of the same bill. He must approve or disapprove the entire bill. No line-item vetoes.

House of Representatives

known as the lower house *representatives are chosen every 2 years* by the voters of each state selects its presiding officer and other officers every two years. The speaker of the House is usually a member of the political party that has the largest number of members-the majority party. You will find no mention of political parties in the Constitution. At the time it was written, political parties did not exist.

Senate

known as the upper house made up of two senators from each state. Each senator is elected for a six-year term and has one vote in the Senate. Until 1913, senators were chosen by state legislators. The Seventeenth Amendment changed this. Now people from each state directly elect their senators.

meetings of congres

must meet at least 1x a year 20th amendment sets *jan 3* as the regular meeting day for congress

house of reps was originally..

only body in gov that was directly elected by the people to initiate money bills, the delegates hoped Americans would never have to charge that there was unfair taxation without representation.

Impeachment trials in the *Senate*

only senate has power to try officials who are impeached by house of representatives; senate sits as a jury; senators take an oath to try the case fairly -Chief Justice of US presides over trial, or Vice President presides -2/3 vote to accuse official as guilty -allows Congress to check power of President and judicial branch, yet not used very often -only 2 presidents have been impeached

impeach

only the House of Representatives has this power to impeach, or accuse an official of the executive or judicial branches of some wrongdoing or misuse of power. The House of Representatives does not decide whether the official is guilty or not. If the House votes to accuse the official, the case goes to the Senate for trial.

privileges of members

paid out of treasury of us cannot be arrested except for treason, serious crime, or breaking the peace cannot be punished for anything said in meetings even if its criminal except by their house

Legislative power

power to make laws all gov's power to make laws is given to the branch of gov called Congress

patent

s issued to a person who makes scientific or industrial discoveries. Most of the inventions you use every day are patented. A television set or car, for example, may have hundreds of patents-one for each important part.

punishment of convicted officials

senate's power to punish convicted criminal is limited can only remove official from office and keep from holding position in us gov total but person can be punished by regular courts

restriction of members

senators and reps cannot hold other us gov officials while they are members of congress during elected term, they cannot resign and take a gov position that has been created during that term cannot take position for which the salary has been increased during that term The last part of this clause helps to keep the legislative and executive powers separate. The other provisions were included so that no member of Congress would be able to profit personally from laws he or she helped pass.

congressional elections

states decide when, where, and how elections for senators and reps are held unless congress says no by 17th amendment- senators elect at same voting places as other officials

Senate officers

vice pres. in charge of State meetings and can only vote at these meetings if there is a tie

adjournment

when congress in session, not house or senate can adjourn or stop meeting for more than *3 days* and has to be in same city