Technically the US Constitution is not 250 years old. But it feels fitting for America 250 for me to take some time to celebrate the greatest man-made government document of all time. People had very nice things to say about the Founding Fathers series, and I hope this one is just as fun and educational.
So, history of the Constitution. There was a big fight between the lame-o federalists and the baller anti-federalists in the early years of America. The federalists (mostly) did not see a need for a Bill of Rights and they advocated for the ratification of the Constitution without it. The anti-federalists were the opposite. The Constitution was mostly written by James Madison. It was signed in 1787 and went into effect in 1789. It has seven articles and 27 amendments. Get ready to go through all of them.
I may or may not have much commentary, but I think there’s still just so much good that comes from us READING the Constitution on a regular basis.
I think I will paste the original text, then add commentary, then text/commentary, etc. until the post is done. Article 1 has 10 sections so I have decided to break that into two posts. Ready? OKAY!
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Thanks to Schoolhouse Rock, most of us know/can sing the Preamble. It’s one of the most amazing things ever written. A group of people voluntarily (key word) decided to come together to have fairness, peace, safety, and the BLESSINGS of freedom for themselves and generations to come. The words to come are directions of how these lofty goals can be achieved.
Section 1 – 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.
Simple enough. America will have a legislative branch made up of two groups of people – a senate and a house of representatives.
Section 2 – The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
The House of Reps will be made up of people elected every two years (like we have today), and they are to be elected by the voters in the state which they would represent a.k.a. their neighbors, friends, etc. The qualifications for voting are based on the voting requirements in each state when voting for their upper chamber (like their state senate or similar)
No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
To become a Congressman, you must be 25 and have been a US Citizen for at least 7 years. You also must be a resident of the state you wish to represent in office. Again, pretty simple, although the being a resident part seems to be hard for so many of the elected officials we have today who really just live in DC fulltime.
The framers were very detailed, weren’t they? Love it. Next!
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
Representatives and specific federal taxes are to be divided up based on population. Indians do not count towards the population, and slaves count as three-fifths of one person. A census must be conducted within three years after the first Congress convenes, and every 10 years after that (like we have today). The Congress gets to decide how to conduct the census. These rules would later be changed, but we’ll get to that another day.
The ratio of representatives to state residents (based on this aforementioned formula) must not be greater than 1:30,000, but every state must have at least one representative. Until the census is done, New Hampshire gets 3 reps, MA gets 8, Rhode Island and its surrounding area get 1, CT gets 5, New York 6, New Jersey 4, 8 for PA, 1 for Delaware, 6 for Maryland, Virginia gets 10, North Carolina and South Carolina each get 5, and Georgia gets 3.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
When a seat becomes open before an election, the Governor (or executive from that rep’s state) will schedule an election to fill the seat.
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
The reps get to elect their own Speaker of the House and any other officer. The House alone has the power to bring the charges of impeachment (not just of the President, but any public officer, elected or unelected)
Section 3 – The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
The Senate will have two senators from each state, regardless of population. They will serve for six years and each senator’s vote carries an equal weight. The senators are chosen by the state legislature in each state. (This has also gone away, more on that later)
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
Once the first Senate convenes, they will be broken into three groups. The first group will serve 2 years before reelection, the next will serve 4, and the final will serve 6. This way, 1/3 of the Senators (instead of all of them) are up for election every two years. I think this part is brilliant with great foresight. Imagine if all the Senators only had to campaign/be accountable once every six years. I don’t know that much would get done in the other five years. This way, Senators are always coming in and out. This brings in new ideas and continuous accountability.
If a vacancy arises while the state legislature is in recess, and cannot therefore appoint someone new, the Governor/state exec appoints someone temporarily until the state legislature reconvenes.
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
You can’t be a senator unless you’re 30, must have been a US citizen for at least 9 years, and must live in the state you wish to represent.
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
The Vice President of the United States will preside over the Senate, but will only vote when there is a tie.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
The Senators will choose their own officers and a President pro tem, or someone to preside over the Senate when the VP isn’t there.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
The Senate holds any impeachment trial (after the House brings the charges). To sit for an impeachment trial, the Senators take a different oath than their regular oath of office. If the President is on trial, the Chief Justice will preside over the trial. For someone to be impeached, 2/3 of the senators must vote to impeach.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Impeachment cannot go any further than removing the person from office and restricting them from holding elected office again. They don’t have to restrict them from holding office, but they can. This was why there was a rush to impeach Trump in 2021 – if the Senate would’ve convicted, they could’ve (could, not would) kept him out of office forever. Instead, they failed to convict, and he ran in 2024. The impeached person may still be tried in court; an impeachment is not a criminal judgement.
Section 4 – The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
The state legislatures get to determine when/where/how elections are held. Congress can change this, but they cannot choose where state legislatures hold their votes for Senators which was usually in the state capitol.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
Congress must convene a new session each year on the first Monday in December unless they pass a law to pick a different day. (Date was later changed) The number of days they must meet is not determined in the Constitution. It’s kind of a slippery concept to me because I feel like they take too much time off now, but when they are in session, it’s almost always bad. Government has gotten so unbelievably humongous to where it’s just a huge mess for them to meet or not meet. Wild times we’re living in.
Section 5 – Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House (Senate and Representative) is responsible for judging the results of the elections of its own members including residency, age, and validity of the election results. To conduct business, each chamber must have a simple majority (a quorum) present. You can take role at various times (like different days) to establish a quorum (or not). Members may choose to be absent, and each chamber may compel members to return through any means they deem appropriate including enacting penalties.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each chamber can determine their own rules and punishments. If they have a 2/3 vote, they can remove a member from their ranks.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Each chamber will keep a record (the Journal) of the regular proceedings, and it must be published. The only thing that should be omitted are matters of secrecy as determined by its members. The yes and no votes must be recorded in the journal if just 1/5 (20%) of the elected officials request that.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
While Congress is in session, neither chamber can adjourn for more than three days without the permission of the other chamber. They also cannot adjourn to any place that is not the place where both chambers are meeting without the permission of the other chamber. This is an interesting one. Now they take month-long recesses and weeks off at a time. They can do this because the other chamber gives them permission, and vice versa. I scratch your back, you scratch mine, etc. But they can also get around this with “pro forma” sessions where they “meet” every three days, but they don’t actually meet. It’s semantics. They have a pro forma session, and maybe one rep shows up. Nothing gets done, and they do it again three days later. It’s one annoying way to keep things off the books – an election opponent can’t say “My opponent voted to let Congress take month long breaks every month” because the vote doesn’t exist in a pro-forma session. The legislature is not “adjourned,” but they ain’t working. Make sense? Make you angry? Yea, same.
Well, there you have it. The first set of rules for the way our government works. More to come soon!
