Are y’all excited for the long weekend? More important, are y’all excited to watch football all weekend? The games last night were both HORRIBLE and AMAZING, there’s nothing like college football!
Today we continue our journey through the Constitution and wrap up Article I.
Section 6 – The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
Senators and Representatives are allowed to be paid for their work as elected officials out of the funds in the US Treasury. The amount they are paid is determined by passing a law. While working in Congress, or traveling to/from, they cannot be arrested except for felonies, treason, or committing violence that disturbs the peace. They cannot be sued or questioned in court for anything they say while on the floor.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
While serving as a rep or senator, you cannot be appointed to another federal office which was created (or its pay) during that same term. If you already hold a federal office, you cannot serve in Congress.
Section 7 – All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Bills that raise taxes (or revenue) must originate in the House. The Senate can agree on the original language or change the bill, just like any other bill.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
Once a bill passes the House and the Senate, it heads to the President. If the Prez signs it, it becomes a law. If he doesn’t approve of the bill, he can veto it and provide his reasoning. The bill goes back to the chamber where it originated. They record the happenings and his reasoning in their journal. They vote again. If the bill passes with 2/3 votes (a supermajority), it goes to the other chamber. If that chamber passes the bill with a supermajority vote, the bill overcomes the veto and becomes law. These votes must be recorded on the record in the journal. If the President does nothing when he first receives the bill for 10 days (not counting Sunday), the bill becomes a law UNLESS the Congress is adjourned and the bill cannot be returned. This is called a “pocket veto” where the Prez can avoid some headlines or drama, although that seems unlikely these days.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
All of the rules about bills apply to orders, resolutions, and votes that require approval from the other chamber except for a vote to adjourn.
Section 8 – 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 throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;-And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Congress has the power to: collect taxes to pay for the national debt and promote safety/the general welfare of the country (“general welfare” gets abused a bit today, eh?). This tax must be the same in each state. Congress has power to borrow money on behalf of the country, regulate international, intranational, and Indian trade, set rules for becoming a US citizen, create uniform bankruptcy laws, coin money and its value (along with international money), and establish standard weights and measures. Congress has the power to punish counterfeiters, create post offices and mail routes, and encourage invention and innovation through copyrights and patents. This is a weird one to me, mostly because I think copyrights and patents are dumb. “If you invented Facebook, you would have INVENTED Facebook” etc etc Probably got put in there by the lame-o anti-federalists. (Looked it up, it was Madison and Pinckney so I’m right (Madison changed parties later))
Congress has the power to establish lower courts under the Supreme Court. They have the power to define and punish piracy, sea crimes, and violations of any international law. Congress has the power to DECLARE WAR (not the Executive) and authorize private attacks. They can raise an army and navy, and the funds for those, and they can make the rules for running the Army and Navy. Congress has the power to call up the state-based militias to enforce federal laws, stop rebellions, and fight invasions. This is partly why you’ve seen the open borders mess being called an “invasion.” Make sense?
Congress has the power to organize, arm, and train the militia and control the parts called into federal service. They have the absolute power to create laws for the immediate area surrounding the national capital (10 square miles) and over any land the federal government buys. They’re responsible for creating the laws necessary to carry out these duties and any other duties created by the Constitution.
Section 9 – The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
Congress cannot ban the migration or importation of people into any of the current states until 1808. Congress can impose a fine of up to $10 for every person who is imported.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
The ability to challenge unlawful detention through habeas corpus cannot be suspended except in cases of rebellion or invasion to protect public safety. Writ of Habeas Corpus means a person who is being imprisoned by the government or its official must deliver the person to court with a valid reason for their detention. If there is not a valid reason, the court can release that person. Basically, there have to be real charges before you imprison someone, not just a mild suspicion or a dislike of said person.
No Bill of Attainder or ex post facto Law shall be passed.
Congress cannot pass a bill to declare a person/group guilty without a trial or a law that makes an action illegal after it was committed/increases the penalty after the fact.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
No direct federal tax can be imposed unless it is proportionate to the census. This was later modified to give us an income tax in the 16th amendment. BAD IDEA.
No Tax or Duty shall be laid on Articles exported from any State.
Congress cannot tax state exports.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
States cannot be shown preference in commercial or tax regulation. Ships going from one state to another cannot be forced to pay duties to another state.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
Money cannot be taken from the Treasury unless it is authorized by law. Public accounts of money raised/spent must be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
The United States will not have any nobles. No person holding a federal office (basically) can accept a gift, payment, office, or title from any foreign king/government without the consent of Congress.
Section 10 – No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
States cannot enter into any treaty, alliance, or confederation, authorize private citizens to attack foreign ships in wartime, coin money, issue their own paper money, make anything other than gold or silver the tender to repay debts, pass any law to punish a person without a trial/create a punishment after an act has been committed, pass any laws of obligation, or grant titles of nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No state can, without the consent of Congress, impose taxes or duties on imports and exports except those necessary for executing its inspection laws. Any net revenue from these taxes go to the US Treasury, and these state laws are eligible for review and control from Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
No state can, without the consent of Congress, impose any tax on the tonnage of ships, keep troops or warships in peacetime, enter into any agreement/compact with another state or country, or engage in war unless the state is invaded or in such danger that a delay waiting for Congress will lead to DOOM.
Whew. Article I is a doozy! I have a pocket constitution with definitions from Charlie Kirk. R.I.P. It’s almost been a year since he was murdered, but he’s still teaching plenty of people today. It’s fun looking through his definitions and notes as I write this.
Hope you learned a little something something!
