Episode 3

What are the two Houses of Congress? Why do we have two Houses?

Section 1 - All law making power in Congress.
All law making power in 2 houses, Senate and House of Representatives
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.

Section-2 - The House of Representatives

Clause 1 - Two-year terms; election of members
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.
Clause 2 - Qualifications for House of Representatives
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.
Clause 3 - Representatives and taxes apportioned by population
Representatives [and direct taxes]amd 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]amd. 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 choose 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]amd.
Clause 4 - Filling vacancies
When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.
Clause 5 - Officers; power of impeachment
The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment.

Section 3 - The Senate

Clause 1 - Senate membership and terms of office
The Senate of the United States shall be composed of two Senators from each state, [chosen by the legislature thereof,]amd for six years; and each Senator shall have one vote.
Clause 2 - One-third elected every two years; filling vacancies
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]amd.
Clause 3 - Qualifications
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.
Clause 4 - President of the Senate
The Vice President of the United States shall be president of the Senate, but shall have no vote unless they be equally divided.
Clause 5 - Other officers
The Senate shall choose 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.
Clause 6 - Trials of impeachment
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.
Clause 7 - Penalty of impeachment convictions
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.

Section 4 - Elections and Meetings

Clause 1 - Regulation of elections
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 choosing Senators]amd.
Clause 2 - Congress to meet annually
The Congress shall assemble at least once in every year, [and such meeting shall be on the first Monday in December,]amd unless they shall by law appoint a different day.

Section 5 - Rules for each house

Clause 1 - Organization and independence of each house of Congress
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.
Clause 2 - Rules of Proceedings
Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.
Clause 3 - Journals of each House
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.
Clause 4 - Restrictions on Adjournment
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.

Section 6 - Privileges and Restrictions

Clause 1 - Pay and Privileges
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. Clause 2 - Prohibitions
Clause 2 - Prohibitions
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 increased, 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.

Section 7--The Lawmaking Process

Clause 1 - Revenue bills to originate in House
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.
Clause 2 - How bills become law
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.
Clause 3 - How orders, resolutions become law
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.

Section 8--Powers of Congress
The Congress shall have power to:

1. Lay and Collect Taxes
To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts, and excises shall be uniform throughout the United States;
2. Borrow Money
To borrow money on the credit of the United States;
3. Regulate Commerce with Foreign Nations
3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
4. Establish Rules of Naturalization; Bankruptcies
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
5. Coin Money; Fix Standards
To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures;
6. Punish for Counterfeiting
To provide for the punishment of counterfeiting the securities and current coin of the United States;
7. Establish Post Offices
To establish post offices and post roads;
8. Establish Copyright and Patent Laws
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;
9. Establish Inferior Courts
To constitute tribunals inferior to the Supreme Court;
10. Define and Punish Felonies and Offenses
To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
11. Declare War
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
12. Raise and Support Armies
To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years;
13. Provide and Maintain a Navy
To provide and maintain a navy;
14. Raise and support a Navy
To make rules for the government and regulation of the land and naval forces;
15. Call forth the Militia
To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;
16. Organizing, Arming, and Disciplining the Militia
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;
17. Make exclusive legislation over Government Owned Property
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, dockyards, and other needful buildings;-And
18. Make laws for carrying out foregoing powers
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.

Section 9--Limitations on Congress

Clause 1 - Slavery not Prohibited before 1808
[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.]amd
Clause 2 - Writ of Habeas Corpus
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.
Clause 3 - No Bill of Attainder or Ex Post Facto Law
No bill of attainder or ex post facto law shall be passed.
Clause 4 - Direct Tax Prohibited
No capitation [or other direct tax]amd shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
Clause 5 - Import and Export Duties Prohibited Between States
No tax or duty shall be laid on articles exported from any state.
Clause 6 - No Preference Give to One State over Another
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.
Clause 7 - How public money is spent
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.
Clause 8 - Titles of nobility prohibited
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.

Section 10 - Powers Forbidden to States

Clause 1 - Absolute restrictions
No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything 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.
Clause 2 - Taxes on imports and exports restricted
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 its 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 control of the Congress.
Clause 3 - Other conditional restrictions
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.


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