Blogging the Constitution: The Congress (part 1).

by Jezla.

Last time we examined the Preamble, which stated the goal and aims of the Constitution.  This time we will cover Article I, Sections 1-7.

Article I defines the Legislature and its powers.  Section 1 is very straightforward:

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.

The United States is not one single nation, rather a union of sovereign states, each of which is intended to be an equal partner with the others, regardless of geographical area or population.  Thus the famed bi-cameral legislature was formed.  Though the Senate is sometimes thought of as an “upper house” of our legislature (particularly by other countries more familiar with the British Parliament), this is an error.  The House of Representatives represents the people as a whole, by state delegations, whereas the Senate is supposed to ensure that each state has equal power with all other states.  Representatives represent the people, Senators represent States.

Section 2 describes the House of Representatives and its selection.  In order to ensure that the people ultimately had control of the government, the Framers stipulated a two-year term for all representatives.  This short term ensures that the representatives will do what their constituencies want if they want to keep their jobs.  This section also states that the number of representatives from each state shall be based on population, and that a census should be taken at regular intervals to redetermine the number of representatives from each state.  Section 2 also contains the now-defunct 3/5 clause, which did not assert that black people are merely three-fifths of a person,as some historians describe, but that for the purposes of determining the number of representatives of a slave state, only three fifths of the slave population would be counted in the states total population.  This compromise ensured that slave states would not be under- or over-represented.

Section 3 describes the Senate and its selection.  Senators are elected for six-year terms, and were originally chosen by the legislatures of the states.  This ensured that they would represent the interests of their state, and not be beholden to the people.  This concept was destroyed by the 17th amendment, which instituted the direct election of senators, making them representatives of the people with less incentive to be faithful due to their longer terms, which has resulted in a body of quasi-nobles who do what they wish.  Interestingly, a vestige of the old system remains in that if a senate seat should become vacant, the governor of the state can still appoint a replacement until an election can be held, if the state legislature allows.

Section 4 leaves to the States to determine where and how they elect their representatives and senators, and sets the annual assembly time of Congress.  This section assumes that the amount of time Congress spends in session will be short, a far cry from the near constant Congress we are used to these days.

Section 5 defines some basic parliamentary proceedures for the two houses, such as what constitutes a quorum (the number of people required to be present in order to conduct official business), and gives each house the authority to police themselves and punish violations of the houses’ individual rules.

Section 6 allows legislators to be compensated for their time in public service away from their normal careers.  This hearkens back to the ancient Greek, when elected officials were expected to serve a short time, then return to their old profession.  The Framers did not envision people making a career out of being a legislator.

Finally, section 7 details the legislative process by which Congress shall act, which is the path by which a bill becomes a law.  It shall pass both houses and be sent to the President, who shall either sign it or return it to Congress with his objection.  If the President does not act on it in ten days, it becomes law as if he had signed it.  If he objects to a bill, Congress can overide his veto with a two-thirds majority. 

Most people are familiar with the process described in this section, but there is one important point to make.  All bills for raising revenue (i.e. taxation, and by extension, spending) must originate in the House of Representatives.  The Framers recognized that the money used by the Federal Government belongs to the people, and that the legislators are merely stewards.  Thus all taxes and expenditures must come from the people and their representatives, not the States’ representatives.  Sadly, this concept of stewardship has been forgotten, though the clause is still abided by.

That’s it for the form of Congress.  Next time we’ll look at its function and powers.