Term
House - Clause 1
Composition and Election of Members |
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Definition
| Each state has the power to decide who may vote for members of Congress. Within each state, those who may vote for state legislators may also vote for members of the House of Representative and (as of the 17th amendment) U.S. Senators. |
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Term
House - Clause 2
Qualifications |
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Definition
| Each member of the House must (1) be at least 25, (2) have been a U.S. citizen for at least 7 years, and (3) be a resident of the state in which she or he is elected. |
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Term
House - Clause 3
Apportionment of Representatives and Direct Taxes |
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Definition
| A state's representation in the House is based on the size of its population. Population is counted in each decade's census, after which Congress reapportions House seats. (Limited to 435 total in the early 1900s). |
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Term
House - Clause 4
Vacancies |
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Definition
| The "Executive Authority" is the state's governor. When a vacancy occurs in the House, the governor calls a special election to fill it. |
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Term
House - Clause 5
Officers and Impeachment |
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Definition
| The power to impeach is the power to accuse. In this case, it is the power to accuse members of the executive or judicial branch of wrongdoing or abuse of power. Once a bill of impeachment is issued, the Senate holds the trial. |
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Term
Senate - Clause 1
Term and Number of Members |
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Definition
| Every state has two senators, each of whom serves for six years and has one vote in the upper chamber. Since the 17h amendment in 1913, all senators are elected directly by voters of the state during the regular election. |
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Term
Senate - Clause 2
Classification of Senators |
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Definition
| 1/3 of the Sentate's seats are open to election every 2 years (unlike the House, all of whose members are elected simultaneously). |
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Term
Senate - Clause 3
Qualification |
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Definition
| Every senator must be at least 35, a citizen of the United States for at least 9 years, and a resident of the state in which he or she is elected. |
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Term
Senate - Clause 4
The Role of the Vice President |
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Definition
| The vice president presides over meetings of the Senate but cannot vote unless there is tie. The Constitution gives no other official duties to the vice president. |
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Term
Senate - Clause 5
Other Officers |
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Definition
| The Senate votes for one of its members to preside when the vice president is absent. This person is usually called the president pro tempore because of the temporary situation of the position. |
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Term
Senate - Clause 6
Impeachment Trials |
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Definition
| The senate conducts trials of officials that the House impeaches. The Senate sits as a jury, with the vice president presiding if the president is not on trial. |
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Term
Senate - Clause 7
Penalties for Conviction |
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Definition
| On convistion of impeachment charges, the Senate can only force an official to leave office and prevent him or her from holding another office in the federal government. The individual, however, can still be tried in a regular court. |
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Term
Congressional Elections - 1
Election |
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Definition
| Congress set the Tuesday after the first Monday in November in even-numbered years as the date for congressional elections. In states with more than one seat in the House, Congress requires that representatives be elected from districts within each state. Under the 17th amendment, senators are elected at the same places as other officials. |
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Term
Congressional Elections - 2
Sessions of Congress |
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Definition
| Congress has to meet every year at least once. The regular session now begins at noon on January 3 of each year, subsequent to the 20th amendment, unless Congress passes a law to fix a different date. Congress stays in session until its member vote to adjourn. Additionally, the president may call a special session. |
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Term
Powers & Duties (House) - 1
Admitting Members and Quorum |
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Definition
Each chamber may exclude or refuse to seat a member-elect.
The quorum rule requires that 218 members of the House and 51 members of the Senate be present in order to conduct business. This rule is normally not enforced in the handling of routine matters. |
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Term
Powers & Duties (House) - 2
Rules and Discipline of Members |
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Definition
| The House and the Senate may adopt their own rules to guide their proceedings. Each may also discipline its members for condust that is deemed unacceptable. No member may be expelled without a 2/3 majority vote in favor of expulsion. |
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Term
Powers & Duties (House) - 3
Keeping a Record |
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Definition
| The journals of the two chambers are published at the end of each session of Congress. |
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Term
Powers & Duties (House) - 4
Adjournment |
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Definition
| Congress has the power to determine when and where to meet, procided, however, that both chambers meet in the same city. Neither chamber may recess in excess of 3 days without the consennt of the other. |
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Term
Rights of Members - 1
Compensation and Priveliges |
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Definition
Congressional salaries are to be paid by the U.S. Treasury rather than by the members' respective states. The original salaries were $6 per day, today it's $141,000 a year.
Treason is defined in Article III, Section 3. A felony is any serious crime. A breach of the peace is any indictable offense less than treason or a felony. Members cannot be arrested for things they say during speeches and debates in Congress. This immunity applies to e the Capitol Building itself and not to their private lives. |
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Term
Rights of Members - 2
Restrictions |
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Definition
| During the term for which a member was elected, he or she cannot concurrently accept another federal government position. |
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Term
Legislative Powers - 1
Revenue Bills |
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Definition
| All tas and appropriation bills for raising money have to originate in the House of Representatives. The Senate, though, often amends such bills and may even substitute an entirely different bill. |
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Term
Legislative Powers - 2
The Presidential Veto |
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Definition
| When Congress sends the president a bill, he or she can sign it (in which case it becomes law) or send it back to the chamber in which it originated. If it is sent back, a 2/3 majority of each chamber must pass it again for it to become law. If the president neither signs it nor sends it back within 10 days, it becomes law anyway, unless Congress adjourns in the meantime. |
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Term
Legislative Powers - 3
Actions on Other Matters |
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Definition
| The president must either sign or veto everything that Congress passes, except votes to adjourn and resolutions not having the force of law. |
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Term
Powers of Congress - 1
Taxing |
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Definition
| Duties are taxes on imports and exports. Impost is a generic term for tax. Exercises are taxes on the manufacture, sale, or use of goods. |
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Term
Powers of Congress - 2
Borrowing |
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Definition
| Congress has the power to borrow money, which is normally carried out through the sale of U.S. treasury bonds on which interest is paid. Note that the Constitution places no limit on the amount of government borrowing.. |
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Term
Powers of Congress - 3
Regulation of Commerce |
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Definition
| This is the commerce clause, which gives to the Congress the power to regulate interstate and foreign trade. Much of the activity of Congress is based on this clause. |
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Term
Powers of Congress - 4
Naturalization and Bankruptcy |
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Definition
| Only Congress may determine how aliens can become citizens of the U.S. Congress may make laws with respect to bankruptcy. |
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Term
Powers of Congress - 5
Money and Standards |
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Definition
| Congress mints coins and prints and circulates paper money. Congress can establish uniform measures of times, distance, weight, and so on. |
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Term
Powers of Congress - 6
Punishing Counterfeiters. |
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Definition
| Congress has the power to punish those who copy American money and pass it off as real. |
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Term
Powers of Congress - 7
Roads and Post Offices |
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Definition
| Post roads include all routes over which mail is carried - highways, railways, waterways, and airways. |
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Term
Powers of Congress - 8
Patents and Copyrights |
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Definition
| Authors' and copyrights' works are protected by copyrights established by copyright law, currently the 1978 Copyright Act. Copyrights are valid for the life of the author/composer plus fifty years. Inventors' works are protected by patents, which vary in length of protection from 3 1/2 to 17 years. A patent gives a person the exclusive right to control the manufacture or sale of the product. |
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Term
Powers of Congress - 9
Lower Courts |
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Definition
| Congress has the authority to set up all federal courts, except the Supreme Court, and to decide what cases those courts will hear. |
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Term
Powers of Congress - 10
Punishment for Piracy |
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Definition
| Congress has the authority to prohibit the commission of certain acts outside U.S. territory and to punish certain violations of international law. |
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Term
Powers of Congress - 11
Declaration of War |
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Definition
| Only Congress can declare war, although the president, as commander in chief, can make war without Congress's formal declaration. |
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Term
Powers of Congress - 12
The Army |
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Definition
| Congress has the power to create an army; the money used to pay for it must be appropriated for no more than 2-year intervals. This gives ultimate control of the army to the civilians. |
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Term
Powers of Congress - 13
Creation of a Navy |
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Definition
| This clause allows for the maintenance of a navy. In 1947, Congress created the U.S. Air Force. |
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Term
Powers of Congress - 14
The Regulation of the Armed Forces |
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Definition
| Congress sets the rules for the military mainly by way of the Uniform Code of Military Justice, which was enacted in 1950 by Congress. |
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Term
Powers of Congress - 15
The Militia |
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Definition
| The militia is known today as the National Guard. Both Congress and the president have the authority to call the National Guard into federal service. |
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Term
Powers of Congress - 16
How the Militia is Organized |
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Definition
| This clause gives Cognress the power to "federalize" state milita (National Guard). When called into such service, the National Guard is subject to the same rules that Caongress has set forth for the regular armed services. |
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Term
Powers of Congress - 17
Creation of the District of Columbia. |
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Definition
| Congress established the District of Columbia as the national capital in 1791. Virginia and Maryland had granted land for the District, bu Virginia's grant was returned because it was believed it would not be needed. Today, the District covers 69 sq. mi. |
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Term
Powers of Congress - 18
The Elastic Clause |
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Definition
| This clause - the necessary and proper clause, or the elastic clause - grants no specific powers, and thus it can be stretched to fit different circumstances. It has allowed Congress to adopt the government to changing needs and times. |
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Term
NO to Congress - 1
Question of Slavery |
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Definition
| "Persons" referred to slaves. Congress outlawed the slave trade in 1808. |
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Term
NO to Congress - 2
Habeaus Corpus |
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Definition
| A writ of habeaus corpus is a court order directing a sheriff or other public officer who is detaining another person to "produce the body" of the detainee so the court can assess the legality of the detention. |
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Term
NO to Congress - 3
Special Bills |
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Definition
| A bill of attainer is a law that inflicts punishment without a trial. An expost facto law is a law that inflicts punishment for an act that was not illegal when it was committed. |
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Term
NO to Congress - 4
Direct Taxes |
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Definition
| A capitation is a tax on a person. A direct tax is a tax paid directly to the government, such as a property tax. This clause was intended to prevent Congress from levying a tax on slaves per person and thereby taxing slavery out of existence. |
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Term
NO to Congress - 5
Export Taxes |
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Definition
| Congress may not tax any godds sold from one state to another or from one state to a foreign country. (Congress does have the power to tax goods that are bought from other countries, however.) |
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Term
NO to Congress - 6
Interstate Commerce |
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Definition
| Congress may not treat different ports within the U.D. idfferently in terms of taxing and commerce powers. Congress may not tax goods sent from one state to another. Finally, Congress may not give one state's port a legal advantage over those of another state. |
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Term
NO to Congress - 7
Treasury Withdrawals |
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Definition
| Federal funds can be spent only as Congress authorizes. This is a significant check on the president's power. |
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Term
NO to Congress - 8
Titles of Nobility |
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Definition
| No person in the U.S. may hold a title of nobility, such as duke or duchess. This clause also discourages bribery of American officials by foreign governments. |
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Term
NO to States - 1
Treaties and Coinage |
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Definition
| Prohibiting state laws "impairing the Obligation of Contracts" was intended to protect creditors. |
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Term
NO to States - 2
Duties and Imposts |
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Definition
| Only Congress can tax imports. Further, the states cannot tax exports. |
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Term
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Definition
| No state shall declare war. |
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