Article I

📜 Exact Constitutional Text (Verbatim)

💭 Plain English Translation

State legislatures decide when, where, and how elections for Congress are held. However, Congress has the authority to change those election rules at any time, except Congress cannot choose the physical location where Senators are elected.

Congress must meet at least once every year. Originally, the Constitution set the meeting date as the first Monday in December, but Congress now sets its meeting date under its constitutional authority, and the 20th Amendment moved the start of congressional terms to January.

⚡ Government Powers Created

🚫 Government Restrictions / Limits

❌ What It Does NOT Say

• It does not establish political parties
• It does not give Congress total control of elections from the start—states hold primary authority
• It does not give the President any election authority for Congress
• It does not specify how districts must be drawn (single-member districts came later by statute)
• It does not give Congress power to cancel federal elections
• It does not give states power to refuse or delay elections
• It does not define who can vote (later amendments do that)

🔄 Provisions No Longer Legally in Force (But Text Remains)

⚖️ Key Supreme Court Interpretations

📜 Exact Constitutional Text (Verbatim)

💭 Plain English Translation

Each chamber of Congress (House and Senate) decides whether its members were properly elected, whether they meet the constitutional qualifications, and whether election results are valid. A majority of either chamber is required to conduct official business, but a smaller number can meet and force absent members to attend.

Each chamber sets its own rules, can punish members for disorderly behavior, and can expel a member with a two-thirds vote.

Both the House and Senate must keep an official journal of what they do, must publish it except for parts requiring secrecy, and must record the votes of members when at least one-fifth of those present request it.

Neither chamber may adjourn for more than three days or meet somewhere else without the consent of the other.

⚡ Government Powers Created

🚫 Government Restrictions / Limits

• Chambers must judge elections and qualifications based only on constitutional qualifications, not political preference
• Congress cannot change the constitutional qualifications for members (age, citizenship, residency)
• Expulsion requires 2/3 majority, preventing partisan simple-majority abuse
• Chambers must publish proceedings except very limited secrecy
• Chambers must record votes when 20% of members request it
• Neither chamber can operate in a different city, state, or location without mutual agreement
• Neither chamber can adjourn for more than three days without the other's approval
• They cannot compel attendance in unconstitutional ways (must follow due process)

❌ What It Does NOT Say

• Does not allow political parties to control membership decisions
• Does not allow each chamber to add new qualifications for members
• Does not authorize "expulsion by simple majority"
• Does not give Congress authority to refuse to seat a member who meets all qualifications (Powell v. McCormack)
• Does not authorize Congress to hide all proceedings—secrecy must be justified
• Does not allow Congress to adjourn indefinitely or relocate without mutual consent
• Does not give Congress power to overturn state election laws

⚖️ Key Supreme Court Interpretations

📜 Exact Constitutional Text

💭 Plain English Translation

⚡ Government Powers Created

Compensation authority

• Congress has authority to determine its own pay by law.
• Payment must come from the U.S. Treasury.

Legislative immunity ("Speech or Debate Clause")

• Immunity from arrest (except serious crimes) while performing legislative duties.
• Immunity from being questioned in courts or other venues about their legislative speeches, votes, or debates.

Separation of powers

• Prevents members of Congress from being appointed to newly created or newly enhanced federal offices.
• Prohibits federal office-holders from simultaneously serving in Congress.
• These provisions ensure Congress is not influenced or bribed by executive appointments.

🚫 Government Restrictions

Limits on arrest immunity

Members are NOT immune from arrest for:

• Treason
• Felony
• Breach of the peace (interpreted broadly to mean all crimes)

Limits on compensation

• Congress cannot secretly pay itself through other channels.
• Compensation must be set by statute (subject to presidential veto).

Limits preventing corruption

• A legislator cannot take a federal job created during their term.
• A legislator cannot accept a position whose salary was increased during their term.
• Federal officers cannot simultaneously serve in Congress.

Limits on legal vulnerability

• Members cannot be punished or sued for legislative statements.
• Courts cannot question Congress' motivations or statements during debate.

❌ What It Does NOT Say

• Does not prohibit Congress from raising its own salary—only that it must be done by law. (The 27th Amendment later restricts when pay raises take effect.)
• Does not grant members immunity for crimes or for actions outside legislative functions.
• Does not prevent members from being subpoenaed for non-legislative conduct.
• Does not forbid Congress from lowering salaries.
• Does not authorize perks, pensions, or benefits—those are created entirely by statute, not the Constitution.
• Does not define what counts as "civil office" beyond typical federal executive or judicial roles.

⚖️ Key Supreme Court Cases

📝 Provisions Modified by Later Amendments

📜 Exact Constitutional Text

💭 Plain English Translation

⚡ Government Powers Created

The Origination Clause

• Gives the House of Representatives the exclusive power to initiate revenue-raising bills.
• Senate retains power to amend those bills.

The Presentment Clause

All bills (revenue or otherwise) must follow a specific procedure:

1. Pass both chambers in identical form
2. Be presented to the President
3. President signs (law), vetoes (returns to Congress), or waits 10 days
4. If vetoed, Congress may override with 2/3 vote in each chamber

Presidential Veto Authority

• President can reject any bill and return it with objections
• Veto must be of the entire bill (no line-item vetoes)
• Congress records veto objections and votes on override by roll call

Congressional Override Power

• Congress can override a veto with 2/3 vote in each chamber
• Votes must be recorded by yeas and nays (roll call)
• Override converts vetoed bill into law without presidential approval

Pocket Veto

• If President takes no action for 10 days while Congress is in session, bill becomes law
• If Congress adjourns within those 10 days and prevents return, bill dies ("pocket veto")
• Pocket veto cannot be overridden because bill was not formally returned

Bicameralism + Presentment Requirement

• Every legislative action requiring force of law must pass both chambers AND be presented to President
• This includes orders, resolutions, and votes (except adjournments)
• No shortcuts allowed—INS v. Chadha struck down "legislative vetoes"

🚫 Government Restrictions

• Senate Cannot Originate Revenue Bills — Only House can start tax bills (but Senate can amend)
• President Cannot Line-Item Veto — Must accept or reject entire bill (Clinton v. City of New York, 1998)
• No Legislative Vetoes — Congress cannot pass laws allowing one chamber to veto executive actions (INS v. Chadha, 1983)
• Cannot Skip Bicameralism — Both House and Senate must pass identical text
• Cannot Skip Presentment — President must have opportunity to sign or veto
• President Cannot Amend Bills — Only sign, veto, or allow to become law by inaction
• No Partial Approvals — President cannot sign parts of a bill and reject others
• Override Requires Supermajority — 2/3 of each chamber, not simple majority

❌ What It Does NOT Say

• Does not say spending bills (appropriations) must originate in the House—only revenue-raising bills.
• Does not require the President to endorse or sign adjournments.
• Does not give the President unilateral power to make law.
• Does not allow Congress to skip the President by calling a bill something else (joint resolutions count).
• Does not allow the President to add notes, conditions, or partial approvals to signed legislation.
• Does not authorize executive orders to override statutes.

⚖️ Key Supreme Court Cases

📝 Provisions Modified by Later Amendments

📜 Exact Constitutional Text

💭 Plain English Translation

Congress has specific powers. It can tax, borrow money, regulate trade, make rules for naturalization and bankruptcy, coin money, establish post offices, create federal courts, punish crimes on the seas, declare war, raise armies, maintain a navy, call up and regulate the militia, run the capital district, and make any laws necessary to carry out the powers the Constitution gives it.

⚡ Government Powers Created

(1) Fiscal Powers

• Taxation (must be uniform for indirect taxes)
• Borrowing money
• Paying national debts
• Funding general welfare
• Collecting duties, imposts, excises

(2) Commerce Powers

Regulating trade:

• foreign nations
• between states
• with Indian tribes

(3) Citizenship & Economic Rules

• Uniform naturalization laws
• Uniform bankruptcy laws

(4) Monetary Authority

• Coining money
• Regulating value
• Setting weights and measures
• Punishing counterfeiting

(5) Infrastructure & Intellectual Property

• Establishing post offices & post roads
• Copyrights & patents (limited times)

(6) Judiciary

• Creating all courts except the Supreme Court (which the Constitution itself creates)

(7) Law of Nations & Crime

Defining and punishing:

• piracy
• felonies on high seas
• offenses against international law

(8) War & Military

• Declaring war
• Granting letters of marque and reprisal
• Making rules on captures
• Raising and supporting armies (funding max 2 years)
• Maintaining a navy
• Regulating armed forces

(9) Militia Powers

Calling forth militia:

• enforce laws
• suppress insurrection
• repel invasions

Organizing, arming, disciplining militia:

• Federal control when militia is in U.S. service

States retain:

• officer appointments
• training authority

(10) Federal District Authority

• Exclusive legislation over D.C. (up to 10 miles square)

(11) Necessary and Proper Clause

Congress may pass laws needed to execute:

• its own powers
• powers of the entire government
• powers of executive branch
• powers of judiciary

This is the "elastic clause."

🚫 Government Restrictions

• Indirect taxes must be uniform across states.
• Army appropriations cannot last more than two years.
• Commerce Clause allows regulation of commerce, not anything Congress calls commerce.
• Necessary & Proper Clause cannot justify laws that expand federal power beyond enumerated authority, violate other constitutional protections, or give Congress "general police power" (reserved to states).
• Copyright/patent rights must be temporary and for the purpose of promoting science & arts.
• Militia powers shared with states; Congress cannot eliminate state officers.
• D.C. authority is limited to territory ceded by states.

❌ What It Does NOT Say

• Does not give Congress unlimited power.
• Does not give Congress "general welfare" authority beyond spending and taxing.
• Does not allow Congress to regulate non-economic activity (this is heavily litigated).
• Does not create federal police power (reserved to states).
• Does not authorize Congress to declare martial law.
• Does not authorize Congress to maintain standing armies indefinitely without appropriations.
• Does not give Congress control over state militias except when in federal service.
• Does not allow Congress to redefine money outside the constitutional framework unless amended.

⚖️ Key Supreme Court Cases

📝 Amendments Affecting Section 8

📜 Exact Constitutional Text

💭 Plain English Translation

🚫 Government Powers Limited or Prohibited

(1) Slave Trade Clause (No longer operative after 1808 + 13th Amendment)

• Before 1808: Congress could not ban the importation of slaves.
• Could impose up to a $10 tax per imported person.
• After 1808: Congress could prohibit it.
• After the 13th Amendment (1865): The clause is obsolete.

(2) Habeas Corpus

Congress CANNOT suspend habeas corpus except:

• rebellion
• invasion
• when public safety requires it

This ensures the government cannot detain people indefinitely without judicial review.

(3) No Bills of Attainder

• Congress cannot declare someone guilty without a trial.

(4) No Ex Post Facto Laws

• Congress cannot punish people for acts that were legal when committed.

(5) Direct Tax Limit (Modified by 16th Amendment)

Originally:

• Direct taxes must be apportioned by population.

The 16th Amendment (1913) allows income taxes without apportionment, overriding this requirement for income taxes.

(6) No Export Taxes

• Congress cannot tax goods exported from any state.

(7) No Port Preferences

Congress cannot:

• favor the ports of one state
• require ships to enter or pay duties in another state's port

This protects equal commerce among states.

(8) Spending Restrictions

• Federal money can ONLY be spent by law (through appropriations).
• Government must publish financial statements ("regular statement and account").

(9) No Titles of Nobility

• U.S. cannot grant aristocratic titles.
• No federal officeholder may accept foreign titles, gifts, or offices without Congress's consent.
• This is the Foreign Emoluments Clause.

🚫 Government Restrictions Summarized

Congress may NOT:

• Suspend habeas corpus (except rebellion/invasion)
• Pass bills of attainder
• Pass ex post facto laws
• Lay direct taxes without apportionment (except income taxes due to the 16th Amendment)
• Tax exports
• Favor one state's ports over another
• Spend money without a law authorizing it
• Hide financial records
• Grant titles of nobility
• Allow federal officers to accept foreign gifts/titles without permission

❌ What It Does NOT Say

• Does not define what counts as a "direct tax" (courts clarified over time).
• Does not authorize Congress to suspend habeas corpus lightly; the exceptions are extremely narrow.
• Does not prohibit all foreign gifts — only prohibits accepting them without congressional consent.
• Does not prevent the President from receiving foreign gifts entirely — the Emoluments Clause applies broadly but is subject to Congress's approval.
• Does not prohibit Congress from regulating imports — only exports.
• Does not prevent Congress from spending money for any purpose it chooses (the limit is authorization, not purpose).
• Does not define "regular publication" of financial statements—Congress determines this by law.

⚖️ Key Supreme Court Cases

(A) Habeas Corpus

(B) Bills of Attainder

(C) Ex Post Facto Laws

(D) Direct and Indirect Taxes

(E) Emoluments

(F) Spending Clause Controls

📝 Provisions Modified by Amendments

📜 Exact Constitutional Text

💭 Plain English Translation

🚫 Government Powers Limited (What States Are Forbidden to Do)

(A) States cannot act as sovereign nations

States are prohibited from:

• making treaties
• forming alliances
• forming confederations
• issuing letters of marque and reprisal
• declaring war (unless invaded or in imminent danger)

(B) States cannot create or manipulate currency

States may NOT:

• coin money
• issue bills of credit (paper money)
• make anything but gold or silver a legal tender for paying debts

(This clause was significantly weakened after the Civil War due to national currency laws, but the text remains.)

(C) States cannot violate basic rule-of-law protections

States may NOT pass:

• bills of attainder
• ex post facto laws
• laws impairing contract obligations
• titles of nobility

(D) States cannot violate federal control of interstate and international commerce

States may NOT:

• impose taxes on imports/exports without Congress's consent
• impose duties of tonnage without consent
• keep troops or warships in peacetime without consent

(E) States cannot enter into compacts

Unless Congress approves, states cannot:

• enter agreements with other states
• enter agreements with foreign powers

This protects national unity.

🚫 Government Restrictions Summarized

States MAY NOT:

• Make treaties
• Form alliances or confederations
• Coin money
• Issue their own paper currency
• Use anything but gold/silver as legal tender
• Pass bills of attainder
• Pass ex post facto laws
• Impair contracts
• Grant titles of nobility
• Tax imports/exports without Congress's consent
• Tax tonnage
• Keep armies or navies in peacetime without consent
• Enter compacts without consent
• Engage in war unless invaded or in immediate danger

Note: No other section of the Constitution places this many prohibitions on states — Section 10 is the hard limit on state sovereignty.

❌ What It Does NOT Say

Does not restrict states from:

• running their own police powers
• establishing state currencies for accounting (but not legal tender)
• issuing bonds (legal, as debt instruments, not currency)
• having state militias / National Guard units (authorized elsewhere)
• entering routine cooperative agreements with federal agencies (non-compacts)

Does not allow states to:

• nullify federal law
• secede
• claim foreign policy authority

Does not prohibit states from:

• using fiat currency created by Congress
• establishing state inspection laws
• taxing goods once they are inside the state (sales, use, excise)

⚖️ Key Supreme Court Cases

📝 Provisions Modified by Later Amendments