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  1. LII
  2. U.S. Constitution Annotated
  3. Article I. LEGISLATIVE DEPARTMENT

    ARTICLE I
    LEGISLATIVE DEPARTMENT
    CONTENTS

  • Section 1. Legislative Powers
    • Separation of Powers and Checks and Balances
      • The Theory Elaborated and Implemented
      • Judicial Enforcement
    • Bicameralism
    • Enumerated, Implied, Resulting, and Inherent Powers
    • Delegation of Legislative Power
      • The History of the Doctrine of Nondelegability
      • The Nature and Scope of Permissible Delegations
        • Filling Up the Details
        • Contingent Legislation
        • Standards
        • Preemptive Reach of Delegated Authority
      • Delegations to the President in Areas of Shared Authority
        • Foreign Affairs
        • Military
      • Delegations to States and to Private Entities
        • Delegations to the States
        • Delegations to Private Entities
      • Particular Subjects or Concerns—Closer Scrutiny or Uniform Standard?
        • Crime and Punishment
        • Delegation and Individual Liberties
    • Congressional Investigations
      • Source of the Power to Investigate
      • Investigations of Conduct of Executive Department
      • Investigations of Members of Congress
      • Investigations in Aid of Legislation
        • Purpose
        • Protection of Witnesses; Pertinency and Related Matters
        • Protection of Witnesses; Constitutional Guarantees
      • Sanctions of the Investigatory Power: Contempt
  • Section 2. The House of Representatives
    • Clause 1. Congressional Districting
      • Elector Qualifications
    • Clause 2. Qualifications of Members of Congress
      • When the Qualifications Must Be Possessed
      • Exclusivity of Constitutional Qualifications
        • Congressional Additions
        • State Additions
    • Clause 3. Apportionment of Seats In the House
      • The Census Requirement
    • Clause 4. Vacancies
      • In General
    • Clause 5. Officers and Powers of Impeachment
      • In General
  • Section 3. The Senate
    • Clauses 1 and 2. Composition and Election
      • In General
    • Clauses 3–5. Qualifications, Vice-President, Officers
      • In General
    • Clauses 6 and 7. Trial and Judgment On Impeachment
      • In General
  • Section 4. Elections
    • Clause 1. Times, Places, and Manner of Elections
      • Regulation By Congress
      • Regulation By the State Legislature
    • Clause 2. Time of Assembling
      • In General
  • Section 5. Powers and Duties of the Houses
    • Clauses 1–4. Judging Elections, Quorum, Rules, Discipline, Journal, Adjournment
      • Powers and Duties of the Houses
        • Power To Judge Elections
        • “A Quorum To Do Business”
        • Rules of Proceedings
        • Powers of the Houses Over Members
        • Duty To Keep a Journal
  • Section 6. Rights and Disabilities of Members
    • Clause 1. Compensation and Immunities of Members
      • Congressional Pay
      • Privilege From Arrest
      • Privilege of Speech or Debate
        • Members
        • Congressional Employees
    • Clause 2. Disabilities of Members
      • Appointment to Executive Office
      • Incompatible Offices
  • Section 7. Legislative Process
    • Clauses 1–3. The Legislative Process
      • Revenue Bills
      • Approval by the President
      • The Veto Power
      • Presentation of Resolutions
        • The Legislative Veto
        • The Line Item Veto
  • Section 8. Powers of Congress
    • Clause 1. Power to Tax and Spend
      • Kinds of Taxes Permitted
        • Decline of the Forbidden Subject Matter Test
        • Federal Taxation of State Interests
        • Scope of State Immunity From Federal Taxation
        • Uniformity Requirement
      • Purposes of Taxation
        • Regulation by Taxation
        • Promotion of Business: Protective Tariff
      • Spending For the General Welfare
        • Scope of the Power
          • Social Security Act Cases
          • Conditional Grants-in-Aid
          • Earmarked Funds
          • Debts of the United States
    • Clause 2. Borrowing Power
    • Clause 3. Power to Regulate Commerce
      • Purposes Served by the Grant
      • Definition of Terms
        • Commerce
        • Among the Several States
        • Regulate
        • Necessary and Proper Clause
        • Federalism Limits on Exercise of Commerce Power
      • Illegal Commerce
      • Interstate Versus Foreign Commerce
      • Instruments of Commerce
      • Congressional Regulation of Waterways
        • Navigation
        • Hydroelectric Power; Flood Control
      • Congressional Regulation of Land Transportation
        • Federal Stimulation of Land Transportation
        • Federal Regulation of Land Transportation
        • Federal Regulation of Intrastate Rates (The Shreveport Doctrine)
        • Federal Protection of Labor in Interstate Rail Transportation
        • Regulation of Other Agents of Carriage and Communications
      • Congressional Regulation of Commerce as Traffic
        • The Sherman Act: Sugar Trust Case
        • Sherman Act Revived
        • The “Current of Commerce” Concept: The Swift Case
        • The Danbury Hatters Case
        • Stockyards and Grain Futures Acts
        • Securities and Exchange Commission
      • Congressional Regulation of Production and Industrial Relations: Antidepression Legislation
        • National Industrial Recovery Act
        • Agricultural Adjustment Act
        • Bituminous Coal Conservation Act
        • Railroad Retirement Act
        • National Labor Relations Act
        • Fair Labor Standards Act
        • Agricultural Marketing Agreement Act
      • Acts of Congress Prohibiting Commerce
        • Foreign Commerce: Jefferson’s Embargo
        • Foreign Commerce: Protective Tariffs
        • Foreign Commerce: Banned Articles
        • Interstate Commerce: Power to Prohibit Questioned
        • Interstate Commerce: National Prohibitions and State Police Power
        • The Lottery Case
        • The Darby Case
      • The Commerce Clause as a Source of National Police Power
        • Is There an Intrastate Barrier to Congress’s Commerce Power?
        • Requirement that Regulation be Economic
        • Activity Versus Inactivity
        • Civil Rights
        • Criminal Law
      • The Commerce Clause As a Restraint On State Powers
        • Doctrinal Background
          • The State Proprietary Activity (Market Participant) Exception
          • Congressional Authorization of Otherwise Impermissible State Action
        • State Taxation and Regulation: The Old Law
          • General Considerations
          • Taxation
          • Regulation
        • State Taxation and Regulation: The Modern Law
          • General Considerations
          • Taxation
          • Regulation
        • Foreign Commerce and State Powers
      • Concurrent Federal and State Jurisdiction
        • The General Issue: Preemption
          • Preemption Standards
          • The Standards Applied
          • Federal Versus State Labor Laws
      • Commerce With Indian Tribes
    • Clause 4. Naturalization and Bankruptcy
      • Naturalization and Citizenship
        • Nature and Scope of Congress’s Power
        • Categories of Citizens: Birth and Naturalization
        • The Naturalization of Aliens
        • Rights of Naturalized Persons
        • Expatriation: Loss of Citizenship
      • Aliens
        • Deportation
      • Bankruptcy
        • Persons Who May Be Released From Debt
        • Liberalization of Relief Granted and Expansion of the Rights of the Trustee
        • Constitutional Limitations on the Bankruptcy Power
        • Constitutional Status of State Insolvency Laws: Preemption
    • Clauses 5 and 6. Money
      • Fiscal and Monetary Powers of Congress
        • Coinage, Weights, and Measures
        • Punishment of Counterfeiting
        • Borrowing Power Versus Fiscal Power
    • Clause 7. Post Office
      • Postal Power
        • “Establish”
        • Power To Protect the Mails
        • Power To Prevent Harmful Use of the Postal Facilities
        • Exclusive Power as an Adjunct to Other Powers
        • State Regulations Affecting the Mails
    • Clause 8. Copyrights and Patents
      • Origins and Scope of the Power
      • Patentable Discoveries
      • Procedure in Issuing Patents
      • Nature and Scope of the Right Secured for Copyright
      • Power of Congress Over Patents and Copyrights
      • Copyright and the First Amendment
      • State Power Affecting Patents and Copyrights
      • Trade-Marks and Advertisements
    • Clause 9. Creation of Courts
      • In General
    • Clause 10. Maritime Crimes
      • Piracies, Felonies, and Offenses Against the Law of Nations
        • Origin of the Clause
        • Definition of Offenses
        • Extraterritorial Reach of the Power
    • Clauses 11–14. The War Power
      • Source and Scope
        • Three Theories
        • An Inherent Power
        • A Complexus of Granted Powers
      • Declaration of War
      • The Power to Raise and Maintain Armed Forces
        • Purpose of Specific Grants
        • Time Limit on Appropriations for the Army
        • Conscription
        • Care of the Armed Forces
        • Trial and Punishment of Offenses: Servicemen, Civilian Employees, and Dependents
          • Servicemen
          • Civilians and Dependents
      • War Legislation
        • War Powers in Peacetime
        • Delegation of Legislative Power in Wartime
      • Constitutional Rights In Wartime
        • Constitution and the Advance of the Flag
          • Theater of Military Operations
          • Enemy Country
          • Enemy Property
          • Prizes of War
        • The Constitution at Home in Wartime
          • Personal Liberty
          • Enemy Aliens
          • Eminent Domain
          • Rent and Price Controls
    • Clauses 15 and 16. The Militia
      • The Militia Clauses
        • Calling Out the Militia
        • Regulation of the Militia
    • Clause 17. District of Columbia; Federal Property
      • Seat of the Government
      • Authority Over Places Purchased
        • “Places”
        • Duration of Federal Jurisdiction
        • Reservation of Jurisdiction by States
    • Clause 18. Necessary and Proper Clause
      • Scope and Operation
      • Definition of Punishment and Crimes
      • Chartering of Banks
      • Currency Regulations
      • Power to Charter Corporations
      • Courts and Judicial Proceedings
      • Special Acts Concerning Claims
      • Maritime Law
  • Section 9. Powers Denied to Congress
    • Clause 1. Importation of Slaves
      • In General
    • Clause 2. Habeas Corpus Suspension
      • In General
    • Clause 3. Bills of Attainder and Ex Post Facto Laws
      • Bills of Attainder
      • Ex Post Facto Laws
        • Definition
        • What Constitutes Punishment
        • Change in Place or Mode of Trial
    • Clause 4. Taxes
      • Direct Taxes
        • The Hylton Case
        • From the Hylton to the Pollock Case
        • Restriction of the Pollock Decision
        • Miscellaneous
    • Clause 5. Duties On Exports From States
      • Taxes On Exports
        • Stamp Taxes
    • Clause 6. Preference to Ports
      • The No Preference Clause
    • Clause 7. Appropriations and Accounting of Public Money
      • Appropriations
      • Payment of Claims
    • Clause 8. Titles of Nobility; Presents
      • In General
  • Section 10. Powers Denied to the States
    • Clause 1. Treaties, Coining Money, Impairing Contracts, Etc.
    • Clause 2. Duties On Exports and Imports
      • Duties On Exports or Imports
        • Scope
        • Privilege Taxes
        • Property Taxes
        • Inspection Laws
    • Clause 3. Tonnage Duties and Interstate Compacts
      • Tonnage Duties
      • Keeping Troops
      • Interstate Compacts
        • Background of Clause
        • Subject Matter of Interstate Compacts
        • Consent of Congress
        • Grants of Franchise to Corporations by Two States
        • Legal Effect of Interstate Compacts

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