Legislative Department

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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 States
      • Delegation 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
  • Clause 5. Officers and Power of Impeachment
• Section 3. The Senate
  • Clause 1. Composition and Selection
  • Clause 2. Classes of Senators
  • Clause 3. Qualifications
  • Clause 4. The Vice President
  • Clause 5. Officers
  • Clause 6. Trial of Impeachments
  • Clause 7. Judgments on Impeachment
• Section 4. Elections
  • Clause 1. Congressional Power to Regulate
    • Legislation Protecting Electoral Process
  • Clause 2. Time of Assembling
• Section 5. Powers and Duties of the Houses
  • Clause 1. Power to Judge Elections
  • Clause 2. Rules of Proceedings
  • Clause 3. Duty to Keep a Journal
  • Clause 4. Adjournments
    • Power to Judge Elections
    • 147;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
    • Appointment to Executive Office
    • Incompatible Offices
• Section 7. Bills and Resolutions
  • Clause 1. Revenue Bills
  • Clause 2. Approval by the President
  • Clause 3. Presentation of Resolutions
    • 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
      • Extermination 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. Commerce Power
    • 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
      • 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’ Commerce Power?
      • Civil Rights
      • Criminal Law
    • The Commerce Clause as a Restraint on State Powers
      • Doctrinal Background
      • The State Proprietary Activity Exception
      • Congressional Authorization of 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 Bankruptcies
    • Naturalization and Citizenship
      • Nature and Scope of Congress’ Power
      • Categories of Citizens: Birth and Naturalization
      • The Naturalization of Aliens
      • Rights of Naturalized Persons
      • Expatriation: Loss of Citizenship
    • Aliens
      • The Power of Congress to Exclude 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
      • 147;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
    • Copyrights and Patents
      • Scope of the Power
      • Patentable Discoveries
      • Procedure in Issuing Patents
      • Nature and Scope of the Right Secured
      • Power of Congress over Patents and Copyrights
      • State Power Affecting Patents and Copyrights
      • Trade-Marks and Advertisements
  • Clause 9. Creation of Courts
  • 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, 12, 13, and 14. War; Military Establishment
    • 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
    • Necessary and Proper Clause
      • Scope of Incidental Powers
      • Operation of Clause
      • 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. Making Treaties, Coining Money, Ex Post Facto Laws, Impairing Contracts
• Treaties, Alliances, or Confederations
• Bills of Credit
• Legal Tender
• Bills of Attainder
• Ex Post Facto Laws
• Scope of the Provision
• Denial of Future Privileges to Past Offenders
• Changes in Punishment
• Changes in Procedure
• Obligation of Contracts
• “Law” Defined
• Status of Judicial Decisions
• “Obligation” Defined
• “Impair” Defined
• Vested Rights Not Included
• Public Grants That Are Not “Contracts”
• Tax Exemptions: When Not “Contracts”
• “Contracts” Include Public Contracts and Corporate Charters
• Corporate Charters: Different Ways of Regarding
• Reservation of Right to Alter or Repeal Corporate Charters
• Corporation Subject to the Law and Police Power
• Strict Construction of Charters, Tax Exemptions
• Strict Construction and the Police Power
• Doctrine of Inalienability as Applied to Eminent Domain, Taxing, and Police Powers
• Private Contracts
• Remedy a Part of the Private Obligation
• Private Contracts and the Police Power
• Evaluation of the Clause Today
• Clause 2. Duties on Exports and Imports
• Duties on Exports and Imports
• Scope
• Privilege Taxes
• Property Taxes
• Inspection Laws
• Clause 3. Tonnage Duties, Keeping Troops, Making Compacts, War
• 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 Effects of Interstate Compacts

Last modified: January 13, 2006