FCLE Constitution Art.1, LEG.

All federal legislative powers are vested in the Congress

Article I, Section 1 (US Constitution)

Makeup and certain unique powers of the House of Representatives,

Article I, Section 2 (US Constitution)

makeup and certain unique powers of the Senate

Article I, Section 3 (US Constitution)

procedural matters common to the two Houses, including elections, assembly and adjournment, legislative procedures, and certain privileges and limitations on Members.

Article 1, Sections 4 through 6

Outline the exercise of those enumerated powers

Article 1, Sections 7 and 8

addresses the procedures for enacting legislation, including special provisions for bills raising revenue, and the general requirements of bicameralism and presentment—the need for a bill to pass both Houses of Congress and be presented to the President for signature

Article 1, Section 7

enumerates Congress’s specific legislative authorities, (power to tax and spend, to borrow money, to regulate interstate commerce, to establish uniform rules on naturalization and bankruptcy, to coin money, to punish counterfeiters, to establish post offices, to regulate intellectual property, to establish courts, to punish maritime crimes, to declare war, to raise and support armies, to govern enclaves) and to make other laws “necessary and proper” for executing these enumerated powers

Article 1, Section 8

denies certain powers to Congress, including by restricting the slave trade; denying the ability to suspend the writ of habeas corpus; prohibiting bills of attainder and ex post facto laws; restricting direct taxes, export taxes, and appropriations; prohibiting ports preferences; and prohibiting titles of nobility and foreign emoluments

Article 1, Section 9 denies what?

denies certain powers to the states, including by preventing states from entering into treaties, issuing bills of credit or coining money; prohibiting bills of attainder, ex post facto laws, or laws impairing the obligations of contracts; and by restricting states’ ability to impose duties on imports or exports.

Article 1, Section 10 denies what?

that states may not take certain actions without Congress’s consent, including laying duties of tonnage, keeping troops or engaging in war, or entering into compacts with other states or foreign powers.

Article 1, Section 10 provides what?

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.

Article I, Section 1

(1) limit the powers of Congress to those expressly granted in the nation’s founding document;

(2) diffuse legislative power by creating a legislature with two chambers;

and (3) limit the extent to which the other branches of government could exercise legislative power.

 the Legislative Vesting Clause would have been understood to

creates the Legislative Branch, which is the part of the federal government responsible for making laws. This branch is called Congress, and it has two parts:

1. The House of Representatives

2. The Senate

these two bodies are responsible for passing laws that affect the whole country

Article I of the U.S. Constitution

Meaning:

“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.”

• Only Congress has the power to make national laws—this is called “legislative power.”
  
  

• The power is not unlimited. Congress can only use the powers specifically listed (“herein granted”) in the Constitution.
  
  

• Congress is bicameral, meaning it has two chambers: the House and the Senate.
  
  

Why it Matters: “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.”

• This setup helps separate powers in government—so that no single person or group has too much control.
  
  

This system also helps protect individual freedom, because it avoids the concentration of too much power in one place.

When the U.S. was a colony of Britain, laws were made by Parliament. It could pass laws without local consent, and people had few ways to fight back.

So, the Founding Fathers decided to:

• List exactly what powers Congress has.
  
  

• Create a system of checks and balances, where each branch of government watches the others.
  
  

Divide legislative power into two houses, to slow down bad laws and encourage debate.

Why Limit Congress’s Power?

Why Two Chambers? The Great Compromise

At the 1787 Constitutional Convention, big and small states argued about how representation in Congress should work.

Two major plans emerged:

• The Virginia Plan (favored by big states): More people = more representatives.
  
  

• The New Jersey Plan (favored by small states): Every state gets an equal vote.
  
  

The Great Compromise blended both ideas:

• The House of Representatives would be based on population (big states get more reps).
  
  

• The Senate would give each state 2 Senators, no matter the size.
  
  

This created balance between big and small states, and helped both sides agree.

The Founders feared any one part of government becoming too powerful. Inspired by thinkers like James Madison and William Blackstone, they separated power into three branches:

1. Legislative – Makes laws (Congress)
   
   

2. Executive – Enforces laws (President)
   
   

3. Judicial – Interprets laws (Supreme Court)
   
   

These powers are mostly separate, but sometimes overlap a little (for example, the President can veto laws, and Congress can impeach officials). The goal is to balance power and protect freedom.

Separation of Powers: Keeping the Branches in Check

Can Congress Give Its Power Away?

 The Constitution doesn’t clearly say whether Congress can delegate (give away) its lawmaking power to others, like the President or private companies.

Some Founders believed limited delegation was okay if Congress set clear rules. But most agreed that Congress must not give away its core powers, especially the power to make big decisions affecting people’s rights.

Today, courts still decide how far Congress can go in delegating authority, especially to federal agencies.

• Members serve for 2 years.
  
  

• Elections are held by the people in each state.
  
  

• States decide voter qualifications, but they must follow the Constitution.
  
  

Rules include minimum age (25), citizenship (7 years), and state residency.

Section 2 – The House of Representatives

• Each state gets 2 Senators, serving 6-year terms.
  
  

• Senators were originally chosen by state legislatures (now by the people).
  
  

• The Senate tries impeachment cases and confirms Presidential appointments.
  
  

Section 3 – The Senate

• Rules for how and when Congress meets.
  
  

• Protections for members while they’re doing their jobs.
  
  

• Prevents members from holding other government jobs while in Congress.

Sections 4–6 – Operations of Congress

• Bills must pass both the House and Senate.
  
  

• Then, the bill goes to the President, who can sign or veto it.
  
  

• Special rules apply to tax bills, which must start in the House.

Section 7 – How Laws Are Made

Congress can:

• Collect taxes
  
  

• Borrow money
  
  

• Regulate trade between states and with foreign countries
  
  

• Make immigration and bankruptcy laws
  
  

• Coin money and punish counterfeiters
  
  

• Create post offices and roads
  
  

• Protect intellectual property (like patents and copyrights)
  
  

• Declare war and raise an army
  
  

• Create courts below the Supreme Court
  
  

Make all laws “necessary and proper” to carry out its duties

Section 8 – Powers of Congress

Congress CANNOT:

• Ban the slave trade before 1808 (now obsolete)
  
  

• Suspend the writ of habeas corpus (right to challenge unlawful arrest), except in emergencies
  
  

• Pass bills of attainder (laws declaring someone guilty without a trial)
  
  

• Pass ex post facto laws (punishing actions retroactively)
  
  

• Tax exports
  
  

• Favor one state’s ports over another
  
  

• Grant titles of nobility
  
  

• Accept gifts or titles from foreign countries without approval
  
  

Section 9 – Limits on Congress

States CANNOT:

• Make treaties
  
  

• Coin money
  
  

• Pass bills of attainder or ex post facto laws
  
  

• Interfere with contracts
  
  

• Collect import/export taxes without Congress’s approval
  
  

• Go to war without Congress’s consent
  
  

Section 10 – Limits on States

• Creates Congress and gives it the power to make federal laws.
  
  

• Limits what Congress and states can do to protect individual rights and maintain balance.
  
  

• Divides power between the House and Senate to promote thoughtful decision-making.
  
  

• Is part of a larger plan that separates powers between three branches of government.
  
  

It reflects the Founders’ efforts to create a government that was powerful enough to govern, but limited enough to protect liberty.

Article I of the Constitution: