Article 1 of the Constitution:
Congress has the power to levy taxes, raise and maintain an army and navy, regulate interstate commerce, and pass any law it deems ‘necessary and proper,’ among a host of other powers like confirming judges and executive branch officials |
Designates the powers given to congress and establishes everything from the powers of the bicameral legislature and each chamber as well as what Congress itself can do.
- Joshua Huder, senior fellow at the Government Affairs Institute at Georgetown University.
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Congress
Under Article 1 of the Constitution, Congress was to be made up of two chambers as a bicameral legislature. These chambers were the lower chamber or the House of Representatives and the upper chamber which was the Senate. The number of representatives in the House is currently 435 with differing amounts of representatives depending on the size of the population of the state. Therefore heavily populated states like New York and California have many more representatives than a less densely populated state like Wyoming or Idaho. Meanwhile, the amount of Senators is 100, which is two per state. The Senate was created to appease smaller states when trying to ratify the Constitution as they wanted an equivalent voice in congress.
House of Representatives1. 435 voting members with 5 delegates and one resident commissioner that can only vote in committees but are not allowed to vote otherwise
2. At least 25 years old 3. US Citizen for at least 7 years 4. 2 year terms |
Senate1. 100 Senators in total as there are two per state. The Vice President is the tie breaker in voting within the Senate
2. At least 30 years old 3. US Citizen for 9 years 4. 6 year terms |
The Legislative Process
The Legislative Branch is in charge of creating laws and can amend the Constitution. However, the process to create these laws and amendments is extensive and requires approval from other branches. This ensures that the law is long-lasting and represents the interests of multiple parties in the country. With 300 million people to represent and a large congress, the process of introducing a bill and having it approved can take years if it even makes it to the House floor. Here is a graphic to better simplify the process.
This video should bring back memories for many from elementary school or introduce to some how a bill enters and is introduced. It then goes through the entire process on the right and leaves as a law or is dismissed if not pigeonholed first. |
You will find more infographics at Statista
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IMpeachment process
Impeachment is one area of the Constitution that the founding fathers have not set rules or norms for the execution of the impeachment process. The official Senate website of the United States summarizes and quotes the Constitution on the only information designated by the Constitution on impeachment:
"The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" ( Article I, section 2) and that "the Senate shall have the sole Power to try all Impeachments…[but] no person shall be convicted without the Concurrence of two-thirds of the Members present" (Article I, section 3). The president, vice president, and all civil officers of the United States are subject to impeachment.
The concept of impeachment originated in England and was adopted by many of the American colonial governments and state constitutions. As adopted by the framers, this congressional power is a fundamental component of the constitutional system of “checks and balances.” Through the impeachment process, Congress charges and then tries an official of the federal government for “Treason, Bribery, or other high Crimes and Misdemeanors.” The definition of “high Crimes and Misdemeanors” was not specified in the Constitution and has long been subject to debate" (US SENATE).
Therefore the actual process is left up to the current Congress. In America's almost 250 years of being an independent nation there have only been four impeachments but no convictions. Impeachments do not automatically mean that the President is convicted but rather charged with a crime so usually presidents resign before this such as Richard Nixon did after Watergate.
"The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" ( Article I, section 2) and that "the Senate shall have the sole Power to try all Impeachments…[but] no person shall be convicted without the Concurrence of two-thirds of the Members present" (Article I, section 3). The president, vice president, and all civil officers of the United States are subject to impeachment.
The concept of impeachment originated in England and was adopted by many of the American colonial governments and state constitutions. As adopted by the framers, this congressional power is a fundamental component of the constitutional system of “checks and balances.” Through the impeachment process, Congress charges and then tries an official of the federal government for “Treason, Bribery, or other high Crimes and Misdemeanors.” The definition of “high Crimes and Misdemeanors” was not specified in the Constitution and has long been subject to debate" (US SENATE).
Therefore the actual process is left up to the current Congress. In America's almost 250 years of being an independent nation there have only been four impeachments but no convictions. Impeachments do not automatically mean that the President is convicted but rather charged with a crime so usually presidents resign before this such as Richard Nixon did after Watergate.
President Donald J. Trump's Impeachment Proceedings
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President's Trump impeachment process was unsuccessful as there was a split congress where the House majority is Democrat while the Senate majority were Republicans who mostly opposed impeachment. In the end, Trump was acquitted and he was not convicted. However his process followed somewhat similar steps to Bill Clinton's but there were some differences as there are bound to be since there are no restrictions or processes set out by the Constitution.
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The State Legislature
The State legislature is completely different and a separate entity from Congress. Just as the Governor is the executive branch for the state as the President is for the nation, the State legislature acts as the legislative branch for the state apart from Congress that acts for the nation at the federal level. Most state legislatures are bicameral. They have an upper chamber -usually called the Senate- and a lower chamber that is designated as the state House, Assembly or House of Delegates (in Virginia). However some states like Nebraska have a nonpartisan unicameral legislature. In addition, state legislatures are much more accessible to their constituents and participate more at the local level.