This series is designed to be read in order, so if you are just finding this blog, I ask that you read the first three parts before reading part four.
Part 1: Introduction
Part 2: "We The People..."
Part 3: "The Legislative Branch Sections 1-5"
Part 3: "The Legislative Branch Sections 1-5"
If you are a history nerd like me, you can go all the way back and read my five-part series on the Declaration of Independence:
Now let's continue with sections 6-10 of Article One.
Section Six: Compensatoin/Arrest/Emoluments
First, let's take a look at the actual text from the constitution:
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. 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.Pay
The first paragraph states two things. First, members of Congress will be paid for their services according to the law. That means that congress votes for their own pay raise! That was modified by the 27th Amendment so that any pay raises that were voted on by congress would not take effect until the next election has taken place. Therefore, a member of congress is voting for the pay raises of the next people in the office. It might be them, or it might be their successor.
Free from Arrest
Second, it states that a member of Congress can't be arrested for things they might say or do in their job as a Congressperson unless it is an extreme breach of duty (Treason, Felony, etc.). This is put in place to allow for rigorous debate and prevent the legislative branch from being bullied by the executive branch for debating things they do not agree with. This does not mean that a congressperson is exempt from the law, it does mean they can argue and debate freely.
Emoluments
The second paragraph of Section six states that an elected official may not hold any other position within the government. It also says that if a congressperson takes part in a vote for a new position in government, they may not leave their elected position to take the newly minted position. This was put in place to try and curb corruption.
Section Seven: Passing Bills
Section seven talked about how a bill moves through Congress to become a law.
Do you remember School House Rock: I'm just a Bill? They nailed it.
Do you remember School House Rock: I'm just a Bill? They nailed it.
Section seven is broken into three parts.
Part one states the following:
Part one states the following:
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.
This is interesting because if you remember from Part three, Representatives are elected every two years, so they are more likely to take into account their constituent's wants and needs when spending
taxpayer money.
The Path of a Bill
taxpayer money.
The Path of a Bill
The second part of Section seven talk about how a bill moves through Congress. Here are the main points. Every bill that passes the House and the Senate shall be presented to the President of the United States. It then has a few paths it can take.
1) If the President approves, they can sign it and it becomes law. If there is high-quality communication between the legislative branch and the President, then this will be what happens. The House and Senate typically won't put a bill on the President's desk if they know they won't sign it.2) If the President does not approve, they will VETO it and return it to the house in which it started and they will enter the issues into their journal. They will consider the President's objections and re-work the bill and attempt to put it in front of the President again.
3) If a bill sits on the President's desk and he chooses not to sign it and chooses not to veto it, after 10 days it will become law. Why would a President do this? It gives the President some flexibility. It allowed a bill to become law without having the President's name on it.
There is another way that a bill will NOT become law. If the bill sits on the President's desk for 10 days and he did not veto and did not approve, but Congress is adjourned: Then the bill dies and must be taken up again when Congress assembles.
The third part of Section Seven gives instructions for passing a bill that the President has vetoed.
If Congress can pass the original bill with 2/3 votes in each house, it will become law even though the President does not approve. This is called a "Veto Override" and is rare.
Section Eight: Taxes and Money
Section eight gives Congress the authority to raise taxes and gives out guidance on what they are allowed to spend tax money on. Here is the first paragraph of Section eight:
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;We see some of the same languages that we saw in the Preamble in that the taxes collected will be used for debts, common defense, and general welfare. It also lays out that taxes will be equal across the States. The Federal government can't tax Florida at a higher rate than it taxes Montana. States have their own individual tax laws for how the State collects money.
The rest of Section eight lays out the other things that Congress is allowed to do.
The list is pretty extensive, so I will hit the high points, but I encourage you to view the entire section, available in the resources listed below.
- Borrow money.
- Regulate trade between other countries, between the states, and between Indian tribes.
- Develop rules for Naturalization.
- Print money and provide punishment for printing fake money.
- Establish a post office.
- Promote the progress of science and useful arts. (I wonder what the definition of "useful" is!)
- Set up federal courts that are subordinate to the Supreme Court.
- Punish Pirates and other offenses committed not he high Seas.
- Declare war.
- Raise and support an Army and Navy as well as make the rules for governing them.
- Call up the Militia to execute laws, quell an uprising, or repel a foreign invasion.
- Provide a system for States to man, equip, and train their own Militias.
- Allow the Federal government to buy land to set up government buildings, forts, docks, etc.
Section eight concludes with what is referred to as the "elastic clause" meaning that it gives Congress the ability to stretch and flex to meet the needs and wants of the Country by making laws that are "necessary and proper."
Section eight laid out what Congress was allowed to do. Section nine lays out what Congress is not allowed to do. Section nine starts out with a bang.
Several states had already outlawed trading slaves within their state boundaries, and Southern states were worried that because Congress would have the power to control trade, that they would end the slave trade altogether, crippling their economies. Charles Pickney of South Carolina said, "South Carolina and Georgia cannot do without slaves." Both states threaten to leave the Convention over the matter. To keep things moving, the slave trade was protected for 20 years, after which the slave trade would be forbidden.
The founding fathers were very concerned about the Federal government becoming too powerful, so the rest of Section nine places other limitations on congress. Again, I will summarize.
- Habeas Corpus: Will not prevent a prisoner from bringing their case in front of the court except for extreme circumstances.
- Ex Post Facto: No bill can be enforced before its passage. If a law is passed that you can not wear a blue hat on Thursday, no one can be punished if they wore a blue hat on Tuesday.
- Taxes: Can not be collected unfairly, and all spending must be documented.
- People in Office: Can not have titles of nobility, can't accept gifts, bribes, jobs, etc. from any foreign country. This is an attempt to keep foreign countries from meddling in U.S. affairs.
Section ten is addressing some of the issues exposed in the Articles of Confederation. If you
remember from part one of the series, the Articles of Confederation provided a very weak central government, a reaction from the founders who remembered the brutality of King George III. With that in mind, the limitation on the states is minimal. Again, the founders trying to maintain the delicate balance of a strong central government and state sovereignty. Here is Section ten in its entirety:
- Make treaties.
- Print their own money, or make their own form of money.
- Punish people without a trial (Attainder) or before the law being passed (ex post facto).
- Interfere with private contracts
- Give titles of Nobility. That means I'll never be the "KING OF KINGSFORD!"
- Charge import/export taxes except to pay for inspections.
- States aren't allowed to make preparation for war or engage in war unless they are invaded and Congress doesn't know yet. Remember the communication systems at the time.
There it is! Article One of the Constitution!
I hope you have learned something about the greatest political document ever written. The constitution is very complex, yet simple at the same time, balancing the need for specificity with the elasticity of vagueness. It's not perfect, but it does move us toward a, "more perfect union."
Check back next week for Part Five: "The President"
- Borrow money.
- Regulate trade between other countries, between the states, and between Indian tribes.
- Develop rules for Naturalization.
- Print money and provide punishment for printing fake money.
- Establish a post office.
- Promote the progress of science and useful arts. (I wonder what the definition of "useful" is!)
- Set up federal courts that are subordinate to the Supreme Court.
- Punish Pirates and other offenses committed not he high Seas.
- Declare war.
- Raise and support an Army and Navy as well as make the rules for governing them.
- Call up the Militia to execute laws, quell an uprising, or repel a foreign invasion.
- Provide a system for States to man, equip, and train their own Militias.
- Allow the Federal government to buy land to set up government buildings, forts, docks, etc.
Section eight concludes with what is referred to as the "elastic clause" meaning that it gives Congress the ability to stretch and flex to meet the needs and wants of the Country by making laws that are "necessary and proper."
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.
Section Nine: Limitations
Section eight laid out what Congress was allowed to do. Section nine lays out what Congress is not allowed to do. Section nine starts out with a bang.
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.In simple terms, Section nine, clause one protects the slave trade.
Several states had already outlawed trading slaves within their state boundaries, and Southern states were worried that because Congress would have the power to control trade, that they would end the slave trade altogether, crippling their economies. Charles Pickney of South Carolina said, "South Carolina and Georgia cannot do without slaves." Both states threaten to leave the Convention over the matter. To keep things moving, the slave trade was protected for 20 years, after which the slave trade would be forbidden.
The founding fathers were very concerned about the Federal government becoming too powerful, so the rest of Section nine places other limitations on congress. Again, I will summarize.
- Habeas Corpus: Will not prevent a prisoner from bringing their case in front of the court except for extreme circumstances.
- Ex Post Facto: No bill can be enforced before its passage. If a law is passed that you can not wear a blue hat on Thursday, no one can be punished if they wore a blue hat on Tuesday.
- Taxes: Can not be collected unfairly, and all spending must be documented.
- People in Office: Can not have titles of nobility, can't accept gifts, bribes, jobs, etc. from any foreign country. This is an attempt to keep foreign countries from meddling in U.S. affairs.
Section Ten: Limiting the States
Section ten is addressing some of the issues exposed in the Articles of Confederation. If you remember from part one of the series, the Articles of Confederation provided a very weak central government, a reaction from the founders who remembered the brutality of King George III. With that in mind, the limitation on the states is minimal. Again, the founders trying to maintain the delicate balance of a strong central government and state sovereignty. Here is Section ten in its entirety:
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.In summary, states are NOT allowed to do the following:
- Make treaties.
- Print their own money, or make their own form of money.
- Punish people without a trial (Attainder) or before the law being passed (ex post facto).
- Interfere with private contracts
- Give titles of Nobility. That means I'll never be the "KING OF KINGSFORD!"
- Charge import/export taxes except to pay for inspections.
- States aren't allowed to make preparation for war or engage in war unless they are invaded and Congress doesn't know yet. Remember the communication systems at the time.
There it is! Article One of the Constitution!
I hope you have learned something about the greatest political document ever written. The constitution is very complex, yet simple at the same time, balancing the need for specificity with the elasticity of vagueness. It's not perfect, but it does move us toward a, "more perfect union."
Check back next week for Part Five: "The President"
~~~
Resources:
Hart, D., Bower, B., & Lobdell, J. (2002). History alive. Palo Alto, CA: Teachers Curriculum Institute.
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