The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Clause five provides for a president pro tempore of the Senate, who is elected to the post by the Senate, to preside over the body when the vice president is either absent or exercising the powers and duties of the president. 2. In 1937, the Supreme Court began moving away from its laissez-faire attitude concerning Congressional legislation and the Commerce Clause, when it ruled in National Labor Relations Board v. Jones & Laughlin Steel Company, that the National Labor Relations Act of 1935 (commonly known as the Wagner Act) was constitutional. Congress has the exclusive right to legislate "in all cases whatsoever" for the nation's capital, the District of Columbia. "Capitol Questions. This Article V provision has been employed by those opposed to contemplated constitutional amendments that would grant the District of Columbia full representation in the Congress without also granting it statehood. 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. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three classes. The court held that, as with the agricultural production in the earlier case, home-grown cannabis is a legitimate subject of federal regulation because it competes with marijuana that moves in interstate commerce. This overcame the ruling in Pollock v. Farmers' Loan & Trust Co. that the income tax could only be applied to regular income and could not be applied to dividends and capital gains. The House of Representatives shall chus [sic] their Speaker and other Officers; and shall have the sole Power of Impeachment. 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. The Twenty-sixth Amendment prohibits the denial of the right of US citizens, eighteen years of age or older, to vote on account of age. [19], In Oregon v. Mitchell (1970), the Supreme Court held that the Qualifications clause did not prevent Congress from overriding state-imposed minimum age restrictions for voters in Congressional elections. For instance, the Senate once admitted John Henry Eaton, a twenty-eight-year-old, in 1818 (the admission was inadvertent, as Eaton's birth date was unclear at the time). Although not specifically mentioned in the Constitution, Congress has also long asserted the power to investigate and the power to compel cooperation with an investigation. on the Journal. Finally, although the U.S. Constitution places no restrictions on state or local office-holders simultaneously holding federal office, most state constitutions today effectively ban state and local office holders from also holding federal office at the same time by prohibiting federal office holders from also holding state and local office. The effects of the clause were discussed in 1937, when Senator Hugo Black was appointed an associate justice of the Supreme Court with some time left in his Senate term. [40] Those in favor of the amendment have argued that the States are merely entitled to equal suffrage amongst one another, and that granting the federal district Senate representation does not violate that right. 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 Article One's Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. Article One grants Congress various enumerated powers and the ability to pass laws "necessary and proper" to carry out those powers. Finally, Gorham concluded that the legislative branch should be required to meet at least once a year to act as a check upon the executive department.[59]. Furthermore, senators and representatives cannot resign to take newly created or higher-paying political positions; rather, they must wait until the conclusion of the term for which they were elected. Originally, the population of each state and of the nation as a whole was ascertained by adding to the whole number of free Persons, three-fifths the number of all other Persons (i.e. "[13] It is uncontroversial that a proper subject of Congress's investigation power is the operations of the federal government, but Congress's ability to compel the submission of documents or testimony from the president or his subordinates is often-discussed and sometimes controversial (see executive privilege), although not often litigated. The guide is an excellent research tool for students to use to gain a deeper understanding of one of our nation’s founding documents and the establishment of the federal government. In a later case, United States v. Morrison (2000), the justices ruled that Congress could not make such laws even when there was evidence of aggregate effect. Article Text | Annotations. In a nod to the less populist nature of the Senate, the amendment tracks the vacancy procedures for the House of Representatives in requiring that the governor call a special election to fill the vacancy, but (unlike in the House) it vests in the state legislature the authority to allow the governor to appoint a temporary replacement until the special election is held. In overriding a veto, the votes of both houses must be done by yeas and nays, and the names of the persons voting for and against the bill must be recorded. The bribery involved in the passage of the authorizing legislation was so blatant that a Georgia mob attempted to lynch the corrupt members of the legislature. Section 6 establishes the compensation, privileges, and restrictions of those holding congressional office. Under the Compact Clause, states may not, without the consent of Congress, keep troops or armies during times of peace, or enter into agreements with other states or with foreign governments. In 1934, a twenty-nine-year-old, Rush Holt, was elected to the Senate; he agreed to wait six months, until his thirtieth birthday, to take the oath. 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 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. By these provisions, the framers of the Constitution intended to protect the interests of the states as states. 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. Meanwhile, seven presidents have never used the veto power. Senators and representatives may not simultaneously serve in Congress and hold a position in the executive branch. Note, however, that under the original Constitution, the governors of the states were expressly allowed by the Constitution to make temporary appointments. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the statesfrom ab… The Senate ruled in that case that the age requirement applied as of the date of the taking of the oath, not the date of election. Choose from 500 different sets of article one of the constitution flashcards on Quizlet. 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. of the United States Constitution, Davis, Z. Marshall argued that the sale of land by the Georgia legislature, though fraught with corruption, was a valid "contract". originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress. under the United States, shall be a Member of either House during his Continuance in Office. However, such agreements are only "binding on the conscience of the sovereign", as the doctrine of sovereign immunity prevents a creditor from suing in court if the government reneges on its commitment.[71]. Excepting the duty to receive the tally of electoral votes for president, this is the only regular responsibility assigned to the office of the vice president by the Constitution. 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. Although the Constitutional text seems to suggest to the contrary, the Senate's current practice is to elect a full-time president pro tempore at the beginning of each Congress, as opposed to making it a temporary office only existing during the vice president's absence. 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. Members attending, going to or returning from either house are privileged from arrest, except for treason, felony or breach of the peace. 1. 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