Notes - Constitution - Article 1

7/29/2019 Notes - Constitution - Article 1

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ARTICLE ONE

Requirements, Duties, and Characteristics of theLegislative Branch.


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Terms from Article 1

Bicameral

Speaker of the House

Impeach

President pro Tempore

Legislate

Equal Representation

Proportional

Representation

Bill of Attainder

Ex Post Facto law

Great compromise

Direct Election

Congressional District

Whip

Naturalization

Taxes

Vesting Clause

Elastic Clause

Habeas Corpus


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What is Fair?How should representing the states balance the big and the small?(Continuation of our We the People lessons)

NJ Plan:Equal Representation

Pro: all have equal say.

Con: peoples votes

arent equal.

VA Plan:Proportional Representation

Pro: peoples votes are

now weighted evenly.

Con: small states havelittle say

vs

Great Compromise:Create a legislature with 2 houses, balance

responsibilities between the two, and create amore perfect union of big and small.


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Bicameral LegislatureArticle 1, Section 1: which shall consist of a Senate and House of

Representatives.

Our Congress is split in two houses:

The House of Representatives is determined on aStates Population (proportional representation).

Each state sends 2 Senators to the other part ofcongress, the Senate (equal representation).

The Senate is 100 people, cant change without

adding/subtracting states.

The House is 435 people, but is divideddifferently every 10 years to reflect the latestcensus/population figures.


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Characteristics of the 2 HousesArticle 1, Section 2 (Clauses 1 & 2); Section 3 (Clauses 1,2 &3)

Senate House of Representatives

6 Years Length of Term 2 Years

30 Years Old Age Minimum 25 Years Old

Live anywhere in state ResidencyRequirement

Live in district

9 year US citizen Citizenship

Requirement

7 year US citizen

100 Total # 435

2 From IL 18

New Jersey (NJ) Plan favors small states More Like: Virginia (VA) Plan favors big states

All Reps/Senators are elected by direct election the people vote directly for them.


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Our Congress People Are:

Representative Bill Foster (D) 11th District

Serving in his first term.

Senator Dick Durbin (D)

Serving in his 17th year (3rd term) * up for reelection in 14*

Senator Mark Kirk(R)

Serving in his 3rd year (1 term)*up for reelection in 16*


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Leadership of the HouseArticle 1, Section 2, Clause 5: The House of Representatives shallchoose their Speaker and other Officers

Speaker of the House is voted on by theRepresentatives.

Currently John Boehner (R-OH)

Considered to be the most powerful person in theUS, as s/he controls which bills get voted on and

when.

Republicans and Democrats also elect leaders

to represent their causes, mainly the MinorityLeader.

Currently Nancy Pelosi (D-CA)

Whips: both parties have them responsible for


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Article 1, Section 3, Clause 4: The Vice President of the United States shall bePresident of the Senate, but shall have no Vote, unless they be equallydivided.

The Vice President leads the Senateas the President of the Senate. The Vice Presidentonly votes to break ties. The VP does not run day-to-day business

Acts as a presence to remind the Senate of thePresidents wishes and power.

The Senators also elect the president pro tempore.(Daniel Inouye of D HI)

Leads most day-to-day business.

Usually the longest serving person in the Senate

Article 1, Section 3, Clause 5: The Senate shall choose their other Officers,and also a President pro tempore, in the Absence of the Vice President, orwhen he shall exercise the Office of the President of the United States.


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Impeachment ProcessArticle 1, Section 2, Clause 5; Section 3, Clauses 6 & 7


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Other Requirements and ThingsArticle 1, Sections 4, 5, & 6

Since 1872, Congress requires all states to holdelections for Senators and Reps on the same day.

Each house sets quorum:

Senate/House cannot vote with a minimum number ofSenators/Representatives present (51 in Senate, 218 inHouse)

Rules are set (and are very long and detailed).

Congressional Record all votes, speeches and actionsare recorded everyday and available online.

$$$ - All make $170 k, with leadership making more.

Cannot be arrested or sued (immunity) for something

they say during debate, unless it is a criminal act. Cannot hold another overnment ob while servin in

C P i J b M k


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Congress Primary Job: Make

LawsArticle 1, Section 7: Law Making Process

Vesting clause: all the governments power towrite laws lies in the legislative branch.Nowhere else.

We will do an activity later called How a Bill

Becomes a Law (HABBAL) to further explain

this.


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Enumerated powers of CongressArticle 1, Section 8, Clauses 1-18: Congress shall have the power

Collect Taxes for the common defense andgeneral welfare Taxes must be the same in all parts of the country.Also gives Congress power to spend money like

Paige at the mall! Borrow money through bonds bought by

Americans.

Establish laws on Naturalization: The process by which an immigrant becomes anAmerican citizen.

Regulate all trade (between states or countries). Punish pirates!


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Enumerated powers of CongressCont Article 1, Section 8, Clauses 1-18: Congress shall have thepower

Coin Money!Determine the value of each piece.Also regulates weights and measures.

Punish counterfeiting. Establish Post Offices, delivery of mail. Develop a system of patents and

copyrights. Establish courts.Congress determines the number of courts andjudges at each inferior, or lower court (as in lowerthan the Supreme Court).


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Enumerated powers of CongressContArticle 1, Section 8, Clauses 1-18: Congress shall have the power

Military Powers:Declare War: The President

may NOT do this!Create and fund the Army, Navy.Make rules and raise/spend money for it.Call for the militia (or National Guard) to

defend nation.Begin a draft, if necessary.

Elastic ClauseCongress greatest power! make all laws necessary and proper.Congress can make laws it feels are needed.Also called the general welfare and

necessary and proper clause.


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Congress May Not:Article 1, Section 9: Powers denied to the Federal government.

Suspend HabeasCorpus Cant be arrested without

proof.

Create Ex post facto

laws EPF laws are created to

punish something LEGALby making a new law tomake that act ILLEGAL.You cannotbe arrested

for actions in the past. Create a Royalty

Tax Exports

Spend money withoutpassing a law first

Pass bills of attainder

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