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article i section 8 of the constitution

The framers of the Constitution wrote Article I Section 8 to enumerate and limit the powers of the United States Congress. However, the framers decided these limitations were not clear enough. To fix this, they included the 10th Amendment in the Bill of Rights, ratified in The 10th Amendment states that all. Article 1 Section 8 of the United States Constitution. Article 1 - The Legislative Branch Section 8 - Powers of Congress >. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform. The textual powers given to Congress can be found throughout the Constitution. But this section, Article One, Section 8, is the source of many of the most important powers. It is essentially a laundry list of powers delegated to Congress.


Article I, Section Eight: The Powers of Congress


Article One of the United States Constitution establishes the legislative branch of the federal governmentthe United States Congress. Article One grants Congress various enumerated powers and the ability to pass laws " necessary and proper " to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states. Article One's Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate.

In combination with the Vesting Clauses of the Article Two and Article Three, the Vesting Clause of Article One establishes the separation of powers among the three branches of the federal government. Section 2 of Article One addresses the House of Representatives, establishing that members of the House are elected every two years, with congressional seats apportioned to the states on the basis of population.

Section 2 includes various rules for the House of Representatives, including a provision stating that individuals qualified to vote in elections for the largest chamber of their state's legislature have the right to vote in elections for the House of Representatives. Section 3 addresses the Senate, establishing that the Senate consists of two senators from each state, with each senator serving a six-year term.

Section 3 originally required that the state legislatures elect the members of the Senate, but the Seventeenth Amendmentratified inprovides for the direct election of senators. Section 3 lays out various other rules for the Senate, including a provision that establishes the Vice President of the United States as the president of the Senate.

Section 4 of Article One grants the states the power to regulate the congressional election process, but establishes that Congress can alter those regulations or make its own regulations.

Section 4 also requires Congress to assemble at least once per year. Section 5 lays out various rules for both houses of Congress, and grants the House of Representatives and the Senate the power to judge their own elections, determine the qualifications of their own members, and punish or expel their own members. Section 6 establishes the compensation, privileges, and restrictions of those holding congressional office.

Section 7 lays out the procedures for passing a bill, requiring both houses of Congress to pass a bill for it to become law, subject to the veto power of the President of the United States.

Under Section 7, the president can veto a bill, but Congress can override the president's veto with a two-thirds vote of both chambers. Section 8 lays out the powers of Congress, article i section 8 of the constitution. It includes several enumerated powers, including the power to lay and collect taxes and tariffs for the "general welfare" of the United States, the power to borrow money, the power to regulate interstate and international commercethe power to set naturalization lawsthe power to coin and regulate money, the power to establish federal courts inferior to the Supreme Courtarticle i section 8 of the constitution, the power to raise and support military forces, and the power to declare war.

Section 8 also provides Congress the power to establish a federal district to serve as the national capital, and gives Congress the exclusive power to administer that district. In addition to various enumerated powers, Section 8 grants Congress the power to make laws necessary and proper to carry out its enumerated powers and other powers vested in it.

Section 9 places various limits on the power of Congress, banning bills of attainder and other practices. Section 10 places limits on the states, prohibiting them from entering into alliances with foreign powers, impairing contractstaxing imports or exports above the minimum level necessary for inspection, keeping armies, or engaging in war without the consent of Congress.

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 that bestows federal legislative power exclusively to Congress.

The former confers executive power upon the President alone, and the latter grants judicial power solely to the federal judiciary. These three articles create a separation of powers among the three branches of the federal government.

This separation of powers, by which each department may exercise only its own constitutional powers and no others, [1] [2] is fundamental to the idea of a limited government accountable to the people. The separation of powers principle is particularly noteworthy in regard to the Congress. The Constitution declares that the Congress may exercise only those legislative powers "herein granted" within Article I as later limited by the Tenth Amendment.

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. 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.

Congress has the power to investigate that which it could regulate, [11] and the courts have interpreted Congress's regulatory powers broadly since the Great Depression.

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 At the time of its creation, the Constitution did not explicitly article i section 8 of the constitution citizens an inherent right to vote.

Since the Civil Warseveral constitutional amendments have been enacted that have curbed the states' broad powers to set voter qualification standards. Though never enforced, clause 2 article i section 8 of the constitution the Fourteenth Amendment provides that "when the right to vote at any election for the choice of electors for President and Vice President of the United States, article i section 8 of the constitution, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, article i section 8 of the constitution, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

The Nineteenth Amendment prohibits the denial of the right to vote based on sex. The Twenty-fourth Amendment prohibits the revocation of voting rights due to the non-payment of a poll tax, article i section 8 of the constitution. The Twenty-sixth Amendment prohibits the denial of the right of US citizens, eighteen years of age or older, to vote on account of age. Moreover, since the Supreme Court has recognized voting as a fundamental right, [16] 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.

In the s, the Supreme Court started to view voting as a fundamental right covered by the Equal Protection Clause of the Fourteenth Amendment. In Oregon v. Mitchellthe Supreme Court held that the Qualifications clause did not prevent Congress from overriding state-imposed minimum age restrictions for voters in Congressional elections. 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.

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 or she represents; although this is usually the case, there have been occasional exceptions.

The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a house of Congress article i section 8 of the constitution its Section 5 authority to "judge 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.

Finally, although the U. Constitution places no restrictions on state or local office-holders simultaneously holding federal officemost state constitutions today effectively ban state and local office holders from also holding federal office at the same time by prohibiting federal office holders from also holding state and local office.

Unlike other state-mandated restrictions, these sort of prohibitions are constitutional as long they are enforced purely at the state level i.

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, article i section 8 of the constitution, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, article i section 8 of the constitution, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

After much debate, the framers of the Constitution decided to make population the basis of apportioning the seats in the House of Representatives and the tax liability among the states. To facilitate this, the Constitution mandates that a census be conducted every ten years to determine the population of each state and of the nation as a whole and establishes article i section 8 of the constitution rule for who shall be counted or excluded from the count.

As the new form of government would become operational prior to the completion of a national census, the Constitution also provides for a temporary apportionment of seats. Originally, the population of each state and of the nation as a whole was ascertained by adding to the whole number of free Persons, three-fifths the number of all other Persons i. This Constitutional rule, known as the three-fifths compromisewas a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes and for the apportionment of seats in the House of Representatives and of taxes among the states.

It was, according to Supreme Court Justice Joseph Story writing ina "matter of compromise and concession, confessedly unequal in its operation, but a necessary sacrifice to that spirit of conciliation, which was indispensable to the union of states having a great diversity of interests, and physical condition, and political institutions".

Following the completion of each census, Congress is empowered to use the aggregate population in all the states according to the prevailing Constitutional rule for determining population to determine the relative population article i section 8 of the constitution each state to the population of article i section 8 of the constitution whole, and, based on its calculations, to establish the appropriate size of the House [28] and to allocate a particular number of representatives to each state according to its share of the national population.

Since enactment of the Reapportionment Act ofa constant House seats have been apportioned among the states according to each census, and determining the size of the House is not presently part of the apportionment process.

With one exception, the apportionment ofthe House of Representatives had been enlarged by various degrees from sixty-five members in to members by The determination of size was made based on the aggregate national population, so long as the size of the House did not exceed 1 member for every 30, of the country's total population [29] nor the size of any state's delegation exceed 1 for every 30, of that state's population, article i section 8 of the constitution.

Although the first sentence in this clause originally concerned apportionment of both House seats and taxes among the several states, the Fourteenth Amendment sentence that replaced it in mentioned only the apportionment of House seats. Even so, the constraint placed upon Congress's taxation power remained, as the restriction was reiterated in Article 1 Section 9 Clause 4. The amount of direct taxes that could be collected by the federal government from the people in any State would still be tied directly to that state's share of the national population.

To permit the levying of such an income tax, Congress proposed and the states ratified the Sixteenth Amendmentwhich removed the restriction 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.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

Section two, Clause four, 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. The House of Representatives shall choose 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. 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.

This power, which is analogous to the bringing of criminal charges by a grand juryhas been used only rarely. Also, notably, impeachment proceedings compelled the resignation of President Richard Nixon.

The Constitution does not specify how impeachment proceedings are to be initiated. Until the early 20th century, a House member could rise and propose an impeachment, which would then be assigned to a committee for investigation. Presently, it is the House Judiciary Committee that initiates the process and then, after investigating the allegations, prepares recommendations for the whole House's consideration.

If the House votes to adopt an impeachment resolution, the Chairman of the Judiciary Committee recommends a slate of "managers," whom the House subsequently approves by resolution. These Representatives subsequently become the prosecution team in the impeachment trial in the Senate see Section 3, Clause 6 below. 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.

The first Clause of Section Three provides that each state is entitled to have two Senators, who would be elected by its state legislature now by the people of each stateserve for staggered six-year terms, and have one vote each. By these provisions, the framers of the Constitution intended to protect the interests of the states as states.

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one article i section 8 of the constitution. Article Five specifies article i section 8 of the constitution means by which the Constitution of the United States can be amended.

It ends by temporarily shielding three Article I clauses from being amended. This clause is among them.

The others are first and fourth clauses in Section 9. Article Five provides that "no State, without its Consent, shall be deprived of its equal Suffrage in the Senate. 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 become valid as part of the Constitution if ratified by three-fourths of the states; however, one that provided for some basis of representation other than strict numerical equality for example, population, wealth, or land areawould require the unanimous article i section 8 of the constitution of article i section 8 of the constitution the states.

Denying the states their intended role as joint partners in the federal government by abolishing their equality in the Senate would, according to Chief Justice Salmon P. Chase in Texas v.

 

Article I | U.S. Constitution | US Law | LII / Legal Information Institute

 

article i section 8 of the constitution

 

Article One of the United States Constitution establishes the legislative branch of the federal government, the United States damselrsa.gq Article One, Congress is a bicameral legislature consisting of the House of Representatives and the damselrsa.gqe One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. The textual powers given to Congress can be found throughout the Constitution. But this section, Article One, Section 8, is the source of many of the most important powers. It is essentially a laundry list of powers delegated to Congress. Article I, Section 8 of the U.S. Constitution specifies the “expressed” or “enumerated” powers of damselrsa.gq specific powers form the basis of the American system of “federalism,” the division and sharing of powers between the central government and the state governments.