Section 1. The Congress

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.

Section 2. House of Representatives

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. Clause 1.

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. Clause 2.

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. Clause 3. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. Clause 4. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. Clause 5.

Section 3. The Senate

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. Clause 1.

Clause 1, supra, was superseded by the 17th Amendment, post.

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 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 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 temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. Clause 2.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. Clause, 3;

The Vice President of the 'United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. Clause 4.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. Clause 5.

The Senate shall have the sole Power to try all Impeachments.

When sitting

for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Clause 6.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Clause 7.

Section 4. Elections and Meetings

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of Chusing Senators. Clause 1.

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 2.

Section 5. Legislative Proceedings

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Clause 1.

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two-thirds, expel a Member. Clause 2.

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those present, be entered on the Journal. Clause 3.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. Clause 4.

Section 6. Rights of Members

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. Clause 1.

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 encreased 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. Clause 2.

Section 7. Bills and Resolutions

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. Clause 1.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States; If he approves he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. Clause 2.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. Clause 3.

Section 8. Powers of Congress

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. Clause 1.

The act of August 24, 1937 (50 Stat. 751), provides for intervention by the United States whenever the constitutionality of any Act of Congress affecting the public interest is drawn in question in any court of the United States, and for direct appeals to the Supreme Court where any Act of Congress is held unconstitutional by a lower court of the United States in cases to which the United States, or any agency thereof, is a party.

Notes of Decisions

tution. Id.

In general.-National emergency may call or implied power granted by Federal Constiinto activity existing dormant power of Congress, but cannot create power not theretofore existing. U. S. v. Lieto (D. C., 1934), 6 F. Supp. 32.

Congress has no general police power, but must bring enactments within some specified

Constitutionality of law. If a decision of the Supreme Court declaring a statute unconstitutional is subsequently overruled, the statute will be held valid from the date it became effective, West Coast Hotel Co. v.

Parrish (1937), 300 U. S. 379, overruling Adkins v. Children's Hospital (1923), 261 U. S. 525; (Apr. 3, 1937) 39 Op. Atty. Gen. No. 4.

The provisions of a joint resolution establishing a commission composed largely of members of Congress and authorizing them to appoint a United States Commissioner General and two Assistant Commissioners for the New York World's Fair, and also providing for the expenditure of the appropriation made by the resolution, and for the administration of the resolution generally, amount to an unconstitutional invasion of the province of the executive. (May 17, 1937) 39 Op. Atty. Gen. No. 10.

General welfare.-Norris Dam, built and operated to create extra head of water power at Wilson Dam, was validly constructed under constitutional power of Congress to provide for the common defense and general welfare. Tennessee Valley Authority Act of 1933, sec. 17, 16 U. S. C. A. sec. 831p; Const. art. 1, sec. 8, cl. 1. Tennessee Electric Power Co. v. Tennessee Valley Authority (1938), 21 F. Supp. 947.

Taxation. The immunity from federal taxation implied for the protection of the States is to be narrowly limited,

First, because the method of exercise of the federal taxing power, by, and upon, all the people through their representatives in Congress affords a safeguard against its abuse at the expense of State sovereignty; and,

Secondly, because the immunity is at the expense of the national sovereign power to tax and if enlarged beyond the necessity of protecting the States, its burden is thrown upon the National Government with benefit only to a privileged class of taxpayers. Helvering v. Gerhardt (1938), 304 U. S. 405.

The immunity from federal taxation of income received by individuals as compensa. tion for services rendered to a State, does not extend to cases where the burden of the tax to a State function is not shown to be actual and substantial, and not conjectural. This principle applies even though the function be thought important enough to demand immunity from a tax upon the State itself. Id.

To borrow Money on the credit of the United States. Clause 2.

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. Clause 3.

Notes of Decisions

Authority over navigable waters.-Sovereign right of a State in and to navigable waters held subject to paramount power of Federal Government to regulate navigation and commerce between States and foreign countries. Luckenbach S. S. Co., Inc., v. Denney (Wash., 1929), 278 P. 419.

Federal authority over navigable streams is in aid of commerce and navigation. Okan.ogan-Douglas Inter-County Bridge Co. v. State (Wash., 1928), 266 P. 724; writ of error dismissed and certiorari denied (1928), 278 U. S. 571.

Power of Congress over waters susceptible of being used in ordinary condition as highways for interstate or foreign commerce is plenary. U. S. v. Doughton et al. (C. C. A., 1933), 62 F. (2d) 936.

To come within regulatory power of Congress as "navigable waters of United States," stream must be susceptible in natural condition of becoming highway of interstate or foreign commerce. Id.

Though Congress, in the exercise of its power over navigation, may adopt any means having some positive relation to the control of navigation and not otherwise inconsistent with the Constitution, it may not arbitrarily destroy or impair the rights of riparian owners by legislation which has no real or substantial relation to the control of navigation or appropriateness to that end. State of Wisconsin v. State of Illinois (1929), 278 U. S. 367.

Ordinarily navigable waters within State are subject to State's control till Federal Government assumes jurisdiction. Leitch v. City of Chicago (C. C. A., 1930), 41 F. (2d) 728; certiorari denied (1930), 282 U. S. 891.

State may exercise plenary control over navigable waters within its limits up to ordinary high-water mark, in absence of congressional action under the commerce powers of the Federal Constitution (Const. U. S. art. 1, sec. 8, cl. 3). Natcher v. City of Bowling Green (Ky., 1936), 95 S. W. (2d) 255.

To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States. Clause 4.

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures. Clause 5.

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States. Clause 6.

To establish Post Offices and post Roads. Clause 7.

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