The first part of the Constitution, after the preamble, explains the powers and responsibilities of the legislative branch of the federal government.

It describes that the legislative branch will be divided into two parts (the House and the Senate). It describes who is eligible to be a member of each house and how they are to be elected. It sets out the basic rules for Congressional meetings. This section also describes that all members of the Congress, during meeting times of the Congress, are completely immune from arrest, except for treason, felonies, and breach of the peace.

Interesting. Congressmen cannot be given parking tickets, but if they're drunk in public, watch out! (Ted Kennedy, are you paying attention?)

Section 7 describes how laws are to be passed.

Section 8 specifically outlines the powers of the Congress. They are allowed to lay taxes for the common defense and the GENERAL welfare. They can regulate commerce with other countries and BETWEEN states. They can issue money.

That's about it. The Constitution doesn't give them license to do anything else. Pick a law -- any law -- up for discussion in the US Congress. If it doesn't specifically have to do with one of those preceding issues, it's unconstitutional, and they're not permitted to make the law. But it gets better.

Section 9 lists a number of things that Congress specifically CANNOT do: no suspension of habeas corpus, except during time of insurrection. No ex post facto law can be passed (unless you're the North Carolina legislature, apparently). No direct tax can be laid unless it's in proportion to the population. No export taxes on individual states. No spending money without legal appropriations.

Finally, Section 10 specifically outlines powers that the states DO NOT have: no alliances, no minting their own coins, no import or export taxes.

That's about it for Article I.

Posted by: Ogre at 08:03 AM | No Comments | Add Comment
Post contains 318 words, total size 2 kb.