William A. Manning

US Constitution: Preamble

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.




Notes:

The Constitution was written by several committees over the summer of 1787, but the committee most responsible for the final form we know today is the "Committee of Stile and Arrangement". This Committee was tasked with getting all of the articles and clauses agreed to by the Convention and putting them into a logical order. On September 10, 1787, the Committee of Style set to work, and two days later, it presented the Convention with its final draft. The members were Alexander Hamilton, William Johnson, Rufus King, James Madison, and Gouverneur Morris.

The actual text of the Preamble and of much of the rest of this final draft is usually attributed to Gouverneur Morris. The newly minted document began with a grand flourish -- the Preamble, the Constitution's reason for existence. It holds in its words the hopes and dreams of the delegates to the convention, a justification for what they had done. Its words are familiar to us today, but because of time, context and re-interpretation, some people say the Constitution isn't easy to understand. Let's take a moment to examine each sentence of the Preamble and try to explain it for today's government educated populace.


We the People of the United States

The Framers were an elite group — among the best and brightest America had to offer at the time. But they knew that they were trying to forge a nation made up not of an elite, but of the common man. Without the approval of the common man, they feared revolution. This first part of the Preamble speaks to the common man. It puts into writing, as clear as day, the notion that the people were creating this Constitution. It was not handed down by a god or by a king — it was created by the people.


in Order to form a more perfect Union

The Framers were dissatisfied with the United States under the Articles of Confederation, but they felt that what they had was the best they could have, up to now. They wanted something better. The Articles of Confederation had been a grand experiment that had worked well up to a point, but now, less than ten years into that experiment, cracks were showing. The new United States, under this new Constitution, would be more perfect. Not perfect, but more perfect.

establish Justice

Unfairness of laws and commerce, was of great concern to the people of 1787. People looked forward to a nation where courts were established with uniformity and where trade within and outside of the country would be fair and unmolested. Today, we enjoy a system of justice that is one of the fairest in the world. It has not always been so — only through great struggle can we now say that every citizen has the opportunity for a fair trial and for equal treatment.

insure domestic Tranquility

One of the concerns of the Framers was that the government was unable to quell rebellions or disagreements amongst the states. Incidentally, Shay's Rebellion happened right before the Convention, and some states had very nearly gone to war with each other over territory. The Framers hoped that the new powers given the federal government would prevent any such actions in the future.

provide for the common defence

The new nation was fearful of attack from all sides — and no one state was able to defend itself in an attack from land or sea by itself.  They needed each other for protection against Indian attacks and the international super powers of the 18th century.

promote the general Welfare

Welfare in today's context also means organized efforts on the part of public or private organizations to benefit the poor, or simply public assistance. This is not the meaning of the word as used in the Constitution.

The whole point of having tranquility, justice, and defense was to promote the general welfare — to allow every state and every citizen of those states to benefit from what the government could provide. The Framers looked forward to the expansion of land holdings, industry, and investment, and they knew that a strong, but not over-powering, national government would be the beginning of that.

and secure the Blessings of Liberty to ourselves and our Posterity

Hand in hand with the general welfare, the Framers looked forward to the blessings of liberty — something they had all fought hard for just a decade before. They were very concerned that they were creating a nation that would resemble something of a paradise for liberty, as opposed to the tyranny of a monarchy, where citizens could look forward to being free as opposed to looking out for the interests of a king. They also wanted to be sure future generations of Americans would enjoy the same.

do ordain and establish this Constitution for the United States of America.

The final passage is important for a few reasons — it explains what we the people are actually doing, it gives us a name for this document, and it reinforces the name of the new nation adopting the Constitution.

Stating that the Constitution is "ordained" reminds us of the higher power involved here — not just of a single person or of a king, but of the people themselves. That it is "established" reminds us that it replaces the Articles of Confederation.

US Constitution: Article I - The Legislative Branch

Article I - The Legislative Branch

Section 1 - The Legislature

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.

Note 1:

The Framers of the Constitution separated the powers of government into three branches.

•  Legislative power, the power to pass laws, to Congress. 
•  Executive power, the power to administer the laws, to the president. 
•  Judicial power, the power to interpret and enforce the laws, to the courts. 

The Framers believed that this separation of powers would ensure that no one person or group of persons would be able to create, administer and enforce the laws, and that each branch would be a check on the power of the other two branches. Under this scheme, Congress cannot give its lawmaking powers to the executive or judicial branch. The courts are charged with ensuring that the three branches act independently and do not overreach their delegated powers. But in some instances, two branches of government are required to work together. For example, the Senate must approve the president’s appointments to the U.S. Supreme Court, and the president has the power to veto acts of Congress or to pardon convicted criminals.

All of these checks and balances is deliberately inefficient. But that's by design rather than by accident. By forcing the various branches to be accountable to the others, no one branch can usurp enough power to become dominant.

The federal government’s power is limited to what is written in the Constitution. These are known as "enumerated powers." If the Constitution does not specifically give a power to the federal government, the power is left to the states.

US Constitution: Article I - The Legislative Branch

Article I - The Legislative Branch

Section 2 - The House

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.

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.

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 (Amended by the 14th Amendment, section 2). 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.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Note 1:

The House of Representatives is to be composed of members who are chosen every two years by the people of the states. There are only three qualifications.

• a representative must be at least 25 years old
• have been a citizen of the United States for at least seven years
• must live in the state from which he or she is chosen

Efforts in Congress and the states to add requirements for office, such as durational residency rules or loyalty oaths, have been rejected by Congress and the courts.

This portion of the US Constitution creates the way in which congressional districts are to be divided among the states. Contentions rose at the Constitutional Convention when deciding how to count a state's population. Particularly controversial was how to count slaves for the purposes of representation and taxation. If slaves were considered property, they would not be counted at all. If they were considered people, they would be counted fully —just as women, children and other non-voters were counted. Southern slave-owners viewed slaves as property, but they wanted them to be fully counted in order to increase their political power in Congress. After extended debate, the Framers agreed to the three-fifths compromise — each slave would equal three-fifths of a person in a state's population count. (The Framers did not use the word slave in the document, read it again) After the Civil War, the formula was changed with the passage of the 13th Amendment, which abolished slavery, and Section 2 of the 14th Amendment, which repealed the three-fifths rule.

This section also establishes that every 10 years, every adult in the country must answer a census. Based on the census, Congress must determine how many representatives, at least one, are to come from each state and how federal resources are to be distributed among the states. The Constitution set the number of House members from each of the original 13 states that was used until the first census was completed.

It is up to the state legislatures to draw district lines. As a result, at the time of a census, the political party in power in a state legislature is able to define new districts that favor its candidates, affecting who can win elections for the House of Representatives in the following decade. This process — redrawing district lines to favor a particular party — is often referred to as gerrymandering.

Article I, Section 2, also specifies other operating rules for the House of Representatives. When a House member dies or resigns during the term, the governor of that state may call for a special election to fill the vacancy. The House of Representatives chooses its own speaker, who is in line to become president, if neither the president nor the vice president is able to serve.

Lastly, this section specifies that only the House of Representatives holds the power of impeachment. House members may charge a president, vice president or any civil officer of the United States with "Treason, Bribery or other high Crimes and Misdemeanors." A trial on the charges is then held in the Senate.
(See Article II, Section 4)

Note 2:

The Framers of the Constitution separated the powers of government into three branches.

• Legislative power, the power to pass laws, to Congress.
• Executive power, the power to administer the laws, to the president.
• Judicial power, the power to interpret and enforce the laws, to the courts.

The Framers believed that this separation of powers would ensure that no one person or group of persons would be able to create, administer and enforce the laws, and that each branch would be a check on the power of the other two branches. Under this scheme, Congress cannot give its lawmaking powers to the executive or judicial branch. The courts are charged with ensuring that the three branches act independently and do not overreach their delegated powers. But in some instances, two branches of government are required to work together. For example, the Senate must approve the president’s appointments to the U.S. Supreme Court, and the president has the power to veto acts of Congress or to pardon convicted criminals.

All of these checks and balances is deliberately inefficient. But that's by design rather than by accident. By forcing the various branches to be accountable to the others, no one branch can usurp enough power to become dominant.

The federal government’s power is limited to what is written in the Constitution. These are known as "enumerated powers." If the Constitution does not specifically give a power to the federal government, the power is left to the states.

US Constitution: Article I - The Legislative Branch

Article I - The Legislative Branch

Section 3 - The Senate

The Senate of the United States shall be composed of two Senators from each State, (chosen by the Legislature thereof,) (Amended by the 17th Amendment, section 1.) for six Years; and each Senator shall have one Vote.

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.) (Amended by the 17th Amendment, section 2.)

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.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

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 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.

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.

Note 1:

The Senate, which now has 100 members, has two senators from each state. Until 1913, senators were elected by their state legislatures. But since the adoption of Amendment 17, senators have been elected directly by the voters of their states. To be a senator, a person must be more than 30 years old, must have been an American citizen for at least nine years, and must live in the state he or she represents. Senators may serve for an unlimited number of six-year terms.

Senatorial elections are held on a staggered basis so that one-third of the Senate is elected every two years. If a senator leaves office before the end of his or her term, Amendment 17 provides that the governor of his or her state sets the time for an election to replace that person. The state legislature may authorize the governor to temporarily fill the vacant seat.

The vice president of the United States is also the president of the Senate. He or she normally has no vote, but may vote in a tiebreaker if the Senate is divided on a proposed bill or nomination. The Senate also chooses officers to lead them through their work. One is the president pro tempore (president for a time), who presides over the Senate when the vice president is not available and, as is the Speaker of the House, is in the line of succession should the president or the vice president be unable to serve.

Although the House of Representatives brings charges of impeachment to remove a president, vice president or other civil officer, such as a federal judge, it is the Senate that is responsible for conducting the trial and deciding whether the individual is to be removed from office. The chief justice of the U.S. Supreme Court presides over the impeachment trial of a president. The senators act as the jury and two-thirds of those present must vote for removal from office. Once an official is removed, he or she may still be prosecuted criminally or sued, just like any other citizen.

Note 2:

The Framers of the Constitution separated the powers of government into three branches.

• Legislative power, the power to pass laws, to Congress.
• Executive power, the power to administer the laws, to the president.
• Judicial power, the power to interpret and enforce the laws, to the courts.

The Framers believed that this separation of powers would ensure that no one person or group of persons would be able to create, administer and enforce the laws, and that each branch would be a check on the power of the other two branches. Under this scheme, Congress cannot give its lawmaking powers to the executive or judicial branch. The courts are charged with ensuring that the three branches act independently and do not overreach their delegated powers. But in some instances, two branches of government are required to work together. For example, the Senate must approve the president’s appointments to the U.S. Supreme Court, and the president has the power to veto acts of Congress or to pardon convicted criminals.

All of these checks and balances is deliberately inefficient. But that's by design rather than by accident. By forcing the various branches to be accountable to the others, no one branch can usurp enough power to become dominant.

The federal government’s power is limited to what is written in the Constitution. These are known as "enumerated powers." If the Constitution does not specifically give a power to the federal government, the power is left to the states.

US Constitution: Article I - The Legislative Branch

Article I - The Legislative Branch

Section 4 - Elections, Meetings

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 Place of Chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall (be on the first Monday in December,) (Amended by the 20th Amendment, section 2.) unless they shall by Law appoint a different Day.

This section gives state legislatures the task of determining how congressional elections are to be held. For example, the state legislature determines scheduling of an election, how voters may register and where they may cast their ballots.

Congress has the right to change state rules and provide national protection for the right to vote. The first federal elections law, which included prohibitions on false registration, bribery and reporting false election returns, was passed after the Civil War to enforce the ban on racial discrimination in voting established by the 19th Amendment. With the passage of the Civil Rights Acts of 1957 and 1964 and the Voting Rights Act of 1965, Congress extended protection of the right to vote in federal, state and local elections.

As a general rule, Congress determines how frequently it will meet. The Constitution provides only that it meet at least once a year. Amendment 20, Section 2, now provides that the first meeting of Congress begin at noon on Jan. 3 of each year, unless the members specify differently.

Note 2:

The Framers of the Constitution separated the powers of government into three branches.

• Legislative power, the power to pass laws, to Congress.
• Executive power, the power to administer the laws, to the president.
• Judicial power, the power to interpret and enforce the laws, to the courts.

The Framers believed that this separation of powers would ensure that no one person or group of persons would be able to create, administer and enforce the laws, and that each branch would be a check on the power of the other two branches. Under this scheme, Congress cannot give its lawmaking powers to the executive or judicial branch. The courts are charged with ensuring that the three branches act independently and do not overreach their delegated powers. But in some instances, two branches of government are required to work together. For example, the Senate must approve the president’s appointments to the U.S. Supreme Court, and the president has the power to veto acts of Congress or to pardon convicted criminals.

All of these checks and balances is deliberately inefficient. But that's by design rather than by accident. By forcing the various branches to be accountable to the others, no one branch can usurp enough power to become dominant.

The federal government’s power is limited to what is written in the Constitution. These are known as "enumerated powers." If the Constitution does not specifically give a power to the federal government, the power is left to the states.

US Constitution: Article I - The Legislative Branch

Article I - The Legislative Branch

Section 5 - Membership, Rules, Journals, Adjournment

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 may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two-thirds, expel a Member.

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.

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.

The House of Representatives and the Senate are each in charge of deciding whether an election of one of their members is legitimate. They may call witnesses to help them decide. Similarly, the House and Senate may establish their own rules, punish members for disorderly behavior and, if two-thirds agree, expel a member.

To do business, each chamber needs a majority of members present. A full majority need not vote, but must be present and capable of voting.

Both bodies must keep and publish a journal of their proceedings, including how members voted. Congress may decide that some discussions and votes are to be kept secret, but if one-fifth of the members demand that a vote be recorded, it must be. Neither the House nor the Senate may close down or move proceedings from their usual location for more than three days without the other chamber's consent.

Note 2:

The Framers of the Constitution separated the powers of government into three branches.

• Legislative power, the power to pass laws, to Congress.
• Executive power, the power to administer the laws, to the president.
• Judicial power, the power to interpret and enforce the laws, to the courts.

The Framers believed that this separation of powers would ensure that no one person or group of persons would be able to create, administer and enforce the laws, and that each branch would be a check on the power of the other two branches. Under this scheme, Congress cannot give its lawmaking powers to the executive or judicial branch. The courts are charged with ensuring that the three branches act independently and do not overreach their delegated powers. But in some instances, two branches of government are required to work together. For example, the Senate must approve the president’s appointments to the U.S. Supreme Court, and the president has the power to veto acts of Congress or to pardon convicted criminals.

All of these checks and balances is deliberately inefficient. But that's by design rather than by accident. By forcing the various branches to be accountable to the others, no one branch can usurp enough power to become dominant.

The federal government’s power is limited to what is written in the Constitution. These are known as "enumerated powers." If the Constitution does not specifically give a power to the federal government, the power is left to the states.

US Constitution: Article I - The Legislative Branch

Article I - The Legislative Branch

Section 6 - Compensation

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. (Amended by the 27th Amendment.) 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.

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.

Members of Congress are to be paid for their work from the U.S. Treasury. Amendment 27 prohibits members from raising their salaries in the current session, so congressional votes on pay increases do not take effect until the next session of Congress.

This section also protects legislators from arrests in civil lawsuits while they are in session, but they may be arrested in criminal matters. To prevent prosecutors and others from using the courts to intimidate a legislator because they do not like his or her views, legislators are granted immunity from criminal prosecution and civil lawsuits for the things they say and the work they do as legislators.

To ensure the separation of powers among the legislative, judicial and executive branches of government, this section prohibits a senator or representative from holding any other federal office during his or her service in Congress.


Note 2:

The Framers of the Constitution separated the powers of government into three branches.

• Legislative power, the power to pass laws, to Congress.
• Executive power, the power to administer the laws, to the president.
• Judicial power, the power to interpret and enforce the laws, to the courts.

The Framers believed that this separation of powers would ensure that no one person or group of persons would be able to create, administer and enforce the laws, and that each branch would be a check on the power of the other two branches. Under this scheme, Congress cannot give its lawmaking powers to the executive or judicial branch. The courts are charged with ensuring that the three branches act independently and do not overreach their delegated powers. But in some instances, two branches of government are required to work together. For example, the Senate must approve the president’s appointments to the U.S. Supreme Court, and the president has the power to veto acts of Congress or to pardon convicted criminals.

All of these checks and balances is deliberately inefficient. But that's by design rather than by accident. By forcing the various branches to be accountable to the others, no one branch can usurp enough power to become dominant.

The federal government’s power is limited to what is written in the Constitution. These are known as "enumerated powers." If the Constitution does not specifically give a power to the federal government, the power is left to the states.

US Constitution: Article I - The Legislative Branch

Article I - The Legislative Branch

Section 7 - Revenue Bills, Legislative Process, Presidential Veto

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.

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.

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.

Note 1:

The House of Representatives must begin the process when it comes to raising and spending money. It is the chamber where all taxing and spending bills start. The Senate can offer changes and must ultimately approve the bills before they go to the president, but only the House may introduce a bill that involves taxes.

When proposed laws are approved by both the House and Senate, they go to the president. If the president signs the bill, it becomes law at the time of the signature, unless the bill provides for a different start date. If the president does nothing for 10 days, not including Sundays, the bill automatically becomes law, except in the last 10 days of the legislative term. In that time, the president can use a "pocket veto"; by doing nothing, the legislation is automatically vetoed.

If the president does not like the legislation, they can veto the bill, list objections, and send it back for reconsideration by the chamber where it originated. If the president vetoes a bill, the bill must be passed again with the votes of two-thirds of the House and the Senate for it to become law.

Congress also may change the bill to make it more acceptable to the president. Although, for political reasons, presidents are cautious about vetoing legislation, the threat of a veto will often press members of Congress to work out a compromise. Similarly, if Congress has the ability to override a veto, it is likely the president will make every effort to compromise on the issue.

Note 2:

The Framers of the Constitution separated the powers of government into three branches.

• Legislative power, the power to pass laws, to Congress.
• Executive power, the power to administer the laws, to the president.
• Judicial power, the power to interpret and enforce the laws, to the courts.

The Framers believed that this separation of powers would ensure that no one person or group of persons would be able to create, administer and enforce the laws, and that each branch would be a check on the power of the other two branches. Under this scheme, Congress cannot give its lawmaking powers to the executive or judicial branch. The courts are charged with ensuring that the three branches act independently and do not overreach their delegated powers. But in some instances, two branches of government are required to work together. For example, the Senate must approve the president’s appointments to the U.S. Supreme Court, and the president has the power to veto acts of Congress or to pardon convicted criminals.

All of these checks and balances is deliberately inefficient. But that's by design rather than by accident. By forcing the various branches to be accountable to the others, no one branch can usurp enough power to become dominant.

The federal government’s power is limited to what is written in the Constitution. These are known as "enumerated powers." If the Constitution does not specifically give a power to the federal government, the power is left to the states.

US Constitution: Article I - The Legislative Branch

Article I - The Legislative Branch

Section 8 - Powers of Congress

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 an 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 Offenses 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.

Note 1:
This section specifies the powers of Congress in great detail. These powers are limited to those listed and those that are "necessary and proper" to carry them out. All other lawmaking powers are left to the states. The First Congress, concerned that the limited nature of the federal government was not clear enough in the Articles of Confederation, later adopted Amendment 10, which reserves to the states or to the people all the powers not specifically granted to the federal government.

The most important of the specific powers that the Constitution enumerates is the power to set taxes, tariffs and other means of raising federal revenue, and to authorize the expenditure of all federal funds. In addition to the tax powers in Article I, Amendment 16 authorized Congress to establish a national income tax. The power to appropriate federal funds is known as the "power of the purse." It gives Congress great authority over the executive branch, which must appeal to Congress for all of its funding. The federal government borrows money by issuing bonds. This creates a national debt, which the United States is obligated to repay. The national debt, as of 6 January 2011, is over $14 Trillion.

Since the turn of the 20th century, federal legislation has dealt with many matters that had previously been managed by the states. In passing these laws, Congress often relies on power granted by the commerce clause, which allows Congress to regulate business activities "among the states."

The commerce clause has expanded to give Congress broad power to regulate many aspects of our economy and to pass environmental or consumer protections because so much of business today, either in manufacturing or distribution, crosses state lines. It has also been used to mandate private citizens to buy services, set prices, and impose production limits. The commerce clause was not meant to have unlimited power over the private lives of individuals.

In recent years, the U.S. Supreme Court has expressed greater concern for states’ rights. It has issued a series of rulings that limit the power of Congress to pass legislation under the commerce clause or other powers contained in this section. For example, these rulings have found unconstitutional federal laws aimed at gun control on the grounds that these types of police matters are properly managed by the states.

In addition, Congress has the power to coin money, create the postal service, army, navy and lower federal courts, and to declare war. Congress also has the responsibility of determining naturalization, how immigrants become citizens. Such laws must apply uniformly and cannot be modified by the states.

Note 2:

The Framers of the Constitution separated the powers of government into three branches.

• Legislative power, the power to pass laws, to Congress.
• Executive power, the power to administer the laws, to the president.
• Judicial power, the power to interpret and enforce the laws, to the courts.

The Framers believed that this separation of powers would ensure that no one person or group of persons would be able to create, administer and enforce the laws, and that each branch would be a check on the power of the other two branches. Under this scheme, Congress cannot give its lawmaking powers to the executive or judicial branch. The courts are charged with ensuring that the three branches act independently and do not overreach their delegated powers. But in some instances, two branches of government are required to work together. For example, the Senate must approve the president’s appointments to the U.S. Supreme Court, and the president has the power to veto acts of Congress or to pardon convicted criminals.

All of these checks and balances is deliberately inefficient. But that's by design rather than by accident. By forcing the various branches to be accountable to the others, no one branch can usurp enough power to become dominant.

The federal government’s power is limited to what is written in the Constitution. These are known as "enumerated powers." If the Constitution does not specifically give a power to the federal government, the power is left to the states.

US Constitution: Article I - The Legislative Branch

Article I - The Legislative Branch

Section 9 - Limits on Congress

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.

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.

No Bill of Attainder or ex post facto Law shall be passed.

No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. (Amended by the 16th Amendment.)

No Tax or Duty shall be laid on Articles exported from any State.

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.

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.

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.

Note 1:


This section specifically prohibits Congress from legislating in certain areas. In the first clause, the Constitution bars Congress from banning the importation of slaves before 1808.

The Constitution specifically guarantees rights to those accused of crimes. It provides that the privilege of a writ of habeas corpus, which allows a prisoner to challenge his or her imprisonment in court, cannot be suspended except in extreme circumstances such as rebellion or invasion, where the public is in danger. Suspension of the writ of habeas corpus has occurred a few times in the past. Most notably was during the Civil War by President Lincoln.

Similarly, the Constitution specifically prohibits bills of attainder — laws that are directed against a specific person or group of persons, making them automatically guilty of serious crimes, such as treason, without a normal court proceeding. The ban is intended to prevent Congress from bypassing the courts and denying criminal defendants the protections guaranteed by other parts of the Constitution.

In addition, the Constitution prohibits “ex post facto” laws — criminal laws that make an action illegal after someone has already taken it. This protection guarantees that individuals are warned ahead of time that their actions are illegal.

The provision in the fourth clause prohibiting states from imposing direct taxes was changed by Amendment 16, which gives Congress the power to impose a federal income tax. To ensure equality among the states, the Constitution prohibits states from imposing taxes on goods coming into their state from another state and from favoring the ports of one state over the ports of others.

This section also requires that Congress produce a regular accounting of the monies the federal government spends. Rejecting the monarchy of England, the Constitution also specifically prohibits Congress from granting a title of nobility to any person and prohibits public officials from accepting a title of nobility, office, or gift from any foreign country or monarch without congressional approval.

• Legislative power, the power to pass laws, to Congress.
• Executive power, the power to administer the laws, to the president.
• Judicial power, the power to interpret and enforce the laws, to the courts.

US Constitution: Article I - The Legislative Branch

Article I - The Legislative Branch

Section 10 - Powers prohibited of States

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.

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 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.

Note 1:

This section imits the power of the states. States may not enter into a treaty with a foreign nation; that power is given to the president, with the advice and consent of two-thirds of the Senate present. States cannot make their own money, nor can they grant any title of nobility.

As is Congress, states are prohibited from passing laws that assign guilt to a specific person or group without court proceedings (bills of attainder), that make something illegal retroactively(ex post facto laws) or that interfere with legal contracts.

No state, without approval from Congress, may collect taxes on imports or exports, build an army or keep warships in times of peace, nor otherwise engage in war unless invaded or in imminent danger.

Note 2:

The Framers of the Constitution separated the powers of government into three branches.

• Legislative power, the power to pass laws, to Congress.
• Executive power, the power to administer the laws, to the president.
• Judicial power, the power to interpret and enforce the laws, to the courts.

US Constitution: Article II - The Executive Branch

Article II - The Executive Branch Branch

Section 1 - The President

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term, be elected, as follows:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two persons, of whom one at least shall not lie an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two-thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice-President. (Amended by the 12th Amendment.)

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. (Amended by the 20th and 25th Amendments.)

Note 1:

This section establishes that the president has the power to run the executive branch of the government. It was later modified by Amendment 12 and Amendment 25, outlines who is eligible to serve as president, establishes the Electoral College (the means by which the president and vice president are elected), and authorizes Congress to determine who will replace the president and vice president should they be unable to serve during their term of office.

Article II, Section 1 establishes that the president and vice president are to be elected at the same time and serve the same four-year term. Until 1951, presidents could serve for as many four-year terms as they could win. But after President Franklin D. Roosevelt was elected for four terms, Congress passed and the states ratified Amendment 22, which limits a president to two terms (eight years) in office. In the rare case that a vice president (or other official) takes over for a president who has stepped down or died in office and serves more than two years of the remaining term, he or she is limited to one new term.

Rather than being elected directly by the people, the president is elected by members of the Electoral College, which is created by this section. It is not really a “college,” but a group of people who are elected by the states. Each state is entitled to the number of electors equal to the combined number of their representatives and senators in Congress.

Neither members of Congress nor other federal officials may serve as electors. Each state legislature decides how members of the Electoral College are to be selected and how they are to vote. For example, some states select electors at primary elections or at caucuses. In most states, electors vote for the presidential candidate who won the vote in their state. But in a few states, state law specifies that electors cast their votes according to the percentage of votes received by each candidate. If the Republican candidate receives 55 percent of the vote, he or she receives the votes of 55 percent of the electors. The creation of the Electoral College gives more power to the smaller states, rather than letting the people in the most populous states control who becomes president.

Additional rules were added in 1804, when Amendment 12 was adopted. For example, the amendment creates the way a president is selected when neither candidate obtains a majority of votes in the Electoral College.

There are three minimum requirements to be elected president: one must be a natural-born citizen of the United States, must have lived in the United States for at least 14 years, and must be at least 35 years old.

Although this section originally provided who should become president if the president dies, resigns, or is removed from office, Amendment 25, added in 1967, modified the line of succession.

The president’s salary is set by Congress. To avoid allowing Congress to punish or reward the president while he or she is in office, the Constitution prohibits any change in salary during the president’s term. The president also is prohibited from receiving any other type of compensation or perks while in office.

Before assuming office, the president must swear or affirm to do his or her best to serve as the nation’s leader and to uphold the United States Constitution as the law of the land.


Note 2:

The Framers of the Constitution separated the powers of government into three branches.

• Legislative power, the power to pass laws, to Congress.
• Executive power, the power to administer the laws, to the president.
• Judicial power, the power to interpret and enforce the laws, to the courts.

US Constitution: Article II - The Executive Branch

Article II - The Executive Branch Branch

Section 2 - Civilian Power over Military, Cabinet, Pardon Power, Appointments

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Note 1:

The president serves not only as the head of the executive branch of government, but also as the commander in chief of the armed forces, including state national guards when they are called on to serve with the federal armed forces,.

As chief executive, the president runs the different executive agencies, such as the Department of the Treasury or the Department of Health and Human Services.

The president has the power to pardon, set free, any person who has committed a federal crime, except in cases of impeachment.

With permission from two-thirds of the senators present, the president can make treaties, agreements, with other countries. With the approval of a majority of senators, the president makes a number of key appointments. These include U.S. ambassadors and foreign consuls, Supreme Court justices and federal judges, U.S. attorneys, U.S. marshals, Cabinet officers, independent agency heads, and members of regulatory commissions. To ensure that the president can fill vacancies when the Senate is not in session, the president can make any of these appointments without Senate approval, but these “recess appointments” end at the end of the next Senate session.

Congress may choose to require Senate approval of other presidential appointments or let the president, courts or department heads appoint staff and agency employees without approval by the Senate.


Note 2:

The Framers of the Constitution separated the powers of government into three branches.

• Legislative power, the power to pass laws, to Congress.
• Executive power, the power to administer the laws, to the president.
• Judicial power, the power to interpret and enforce the laws, to the courts.