The Constitution in Plain Language: Article I
This is the first in a series of plain-language summaries of the United States Constitution. Article I creates Congress and sets out what it may and may not do. The full text is available from the National Archives.
Section 1: Legislative Power
All federal lawmaking power granted by the Constitution belongs to Congress, which has two parts: the House of Representatives and the Senate.
Section 2: The House of Representatives
Members serve two-year terms and are chosen by the people of each state.
A member must be at least 25 years old, a citizen for at least seven years, and a resident of the state represented.
Seats are divided among the states by population, counted in a census every ten years.
The House chooses its Speaker and holds the sole power of impeachment.
Section 3: The Senate
Each state has two senators, who serve six-year terms. One-third of the Senate is elected every two years.
A senator must be at least 30 years old, a citizen for at least nine years, and a resident of the state represented.
Senators were originally chosen by state legislatures. The Seventeenth Amendment (1913) changed this to election by the people.
The Vice President presides over the Senate and votes only to break a tie.
The Senate tries all impeachments. Conviction requires two-thirds of the members present.
Section 4: Elections and Meetings
State legislatures set the times, places and manner of congressional elections, but Congress may change those rules by law. Congress must meet at least once a year. The Twentieth Amendment later set the start of each session at noon on January 3 unless Congress sets another day by law.
Section 5: Rules of Each House
Each house judges the elections and qualifications of its own members, sets its own rules, may punish members, and may expel a member with a two-thirds vote. Each house keeps and publishes a journal of its proceedings.
Section 6: Pay and Protections
Members are paid from the federal treasury. They are protected from arrest while attending sessions, except for treason, felony or breach of the peace, and may not be questioned elsewhere for speech or debate in Congress. A member may not hold another federal office at the same time.
Section 7: How a Bill Becomes Law
Bills for raising revenue must start in the House. The Senate may propose amendments.
A bill passed by both houses goes to the President, who may sign it or return it with objections (a veto).
Congress may override a veto by a two-thirds vote in each house.
If the President does not act within ten days (Sundays excepted), the bill becomes law, unless Congress has adjourned and prevented its return.
Section 8: Powers of Congress
Congress may, among other things:
Lay and collect taxes, pay debts and borrow money
Regulate commerce with foreign nations, among the states and with Indian tribes
Set rules for naturalization and bankruptcy
Coin money and fix standards of weights and measures
Establish post offices and post roads
Protect the work of authors and inventors for limited times (copyrights and patents)
Create federal courts below the Supreme Court
Declare war, raise and support armies (with funding limited to two years at a time), and maintain a navy
Govern the seat of government, now the District of Columbia
Make all laws "necessary and proper" to carry out these powers
Section 9: Limits on Congress
The writ of habeas corpus may not be suspended except in cases of rebellion or invasion when public safety requires it.
No bills of attainder or ex post facto laws.
No tax on exports from any state.
No money may be drawn from the treasury except by law, and public accounts must be published.
No titles of nobility may be granted.
One clause barred Congress from prohibiting the importation of enslaved people before 1808. Congress banned the trade effective January 1, 1808.
Section 10: Limits on the States
States may not make treaties, coin money, pass bills of attainder or ex post facto laws, impair contracts, or grant titles of nobility. Without the consent of Congress, states may not tax imports or exports (beyond inspection costs), keep troops or warships in peacetime, or enter into agreements with other states or foreign powers.
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