What article of the constitution describes the legislative branch

The Legislative Branch

Article I: The Legislative Branch

Our Founding Fathers believed a nation should be run by a representative government, so that the governments power came from the people.  Article I of the Constitution creates and describes the roles and responsibilities of the legislative branch. The legislative branch contains our nation’s representatives and lawmaking body, this representative body is named Congress. The main responsibility of Congress is to make our nation's laws. These laws are passed by a majority vote, which means that more than half of each house must approve a bill in order for it to become a law. Congress is divided into two houses, called a bicameral legislature. The upper house is called the Senate and the lower house is called the House of Representatives. Today, our Congress meets in the Capitol Building in our nation’s capital, Washington D.C.

The Senate is our nation’s upper house in Congress. Members of the Senate are known as senators, and are elected for six-year terms. In order to ensure that our Senate has a blend of new and old senators, we only elect one-third of our senators every two years. By rotating when we elect senators, we ensure that there are always experienced senators to assist the new members. The Senate is also the smaller of the two houses, containing two senators for each state. Since we now have fifty states, the Senate currently has 100 senators. In order to be elected as a senator, the candidate must meet specific requirements. The senator must be at least 30 years old, a citizen of the United States for at least nine years, and live in the state which they will represent.

Our Senate is led by the Vice President of the United States, although the Vice President is often not present for regular meetings. In the event that there is a tie between the 100 Senators, the Vice President has the power to cast the tie-breaking vote. Since the Vice President is often not present for regular meetings, the Senate elects a presiding officer from the senators to serve as the president pro tempore. The president pro tempore is also third in line to take over the presidency in the event that the President, Vice President, and Speaker of the House are unable to fulfill the role.

The lower house is our largest house in Congress, called the House of Representatives. The number of representatives in the House of Representatives is based on the population of each state. Currently, there are 435 representatives. Representatives serve a two year term, and must be re-elected in each election to maintain their position. Counting the population of a state is an important process in determining the number of representatives in the House of Representatives. As a result, our nation has conducted a census since 1790 and every ten years after to ensure accurate representation, the last being in 2010. In order to be elected to the House of Representative the candidates must be at least 25 years old, a citizen of the United States for at least seven years, and live in the state that they wish to represent.

Leadership in the House of Representatives is divided among many representatives. The Speaker of the House is the presiding officer, and is normally elected from the political party that has the most members, known as the majority party. The Speaker is in charge of setting the agenda, and calling for votes in the House. In addition to his or her role as Speaker of the House, they also take over as President in the event that the President and Vice President are unable to complete their term in office.

Both the Senate and the House of Representatives meet in the Capitol Building in Washington D.C., and begin their term every two years after the election. Congress begins their term on the third day of January every other year. The terms have a break during the summer and each house must vote to dismiss for a recess before they can begin their break. Representatives and Senators are paid by the United States government, which get its money from the taxpayers.

The Constitution provides specific powers to Congress. These powers can be divided into three categories: enumerated, implied, and inherent powers. Enumerated powers are powers that are specifically recorded  in our Constitution.  Enumerated powers of Congress include the power to:

1. Tax

2. Borrow money

3. Regulate commerce (trade)

4. Naturalization, which is the process in which someone becomes a United States citizen.

5. Coin money

6. Establish a system of weights and measures

7. Establish a post office

8. Declare war

9. And provide money and supplies for a military

The Constitution was kept short by giving Congress implied powers. Implied powers are powers that are written in the Constitution, but no details are given on how Congress may fulfill them. For example, Congress has the power to coin money. The Constitution does not say what the money should look like, so Congress is able to establish a National Bank that is able to design and print or coin the money. Another example would be the power to regulate commerce, or trade. Our Constitution does not specifically say how Congress may regulate commerce. As a result, congress uses its implied powers to pass laws that limit the number of trees that can be cut down, or how many companies have permits to drill for oil along our coasts.

Inherent powers are the powers given to Congress that are not listed in the Constitution. Our Founding Fathers recognized that our legislature needed to be flexible and able to pass laws to make our government operate smoothly. As a result the authors wrote the “elastic clause.” The elastic clause allows Congress “to make all laws which shall be necessary and proper” to carry out the responsibilities and roles of our government. This means that if there is a situation in which our government needs to make a law that is “necessary,” our Congress may do so.

The Senate and the House of Representative both share powers, and have special powers of their own. One power specifically reserved for the House of Representatives is the power to introduce bills regarding how the government’s tax revenue is raised. The Senate for example has the power to approve or reject appointments made by the president.  The Legislative Branch serves as an important part of our national government in ensuring that the necessary laws to run our country are made.  Without the Legislative Branch, our nation would no longer function.

Lesson 5: Article I and the Legislative Branch (PRINTER FRIENDLY VERSION) 

Which article of the Constitution describes the power of the legislative branch?

Which branch does Article I of the Constitution describe?

Where in the Constitution is the legislative branch or Congress described?

What describes the legislative branch?