Article One of the United States of Elisia Constitution: Difference between revisions
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'''Article One of the Constitution of the United States''' establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers while strictly limiting federal authority to those powers explicitly listed. It establishes the procedures for passing bills and places various limits on the powers of Congress and the states to prevent abuse of power. | '''Article One of the Constitution of the United States''' establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers while strictly limiting federal authority to those powers explicitly listed. It establishes the procedures for passing bills and places various limits on the powers of Congress and the states to prevent abuse of power. Section 1 of Article One is a vesting clause that bestows federal legislative power exclusively to Congress. It explicitly states that the powers of Congress shall be strictly limited to those enumerated in the Constitution, with all other powers reserved to the States or to the people. This section emphasizes the separation of powers and the nondelegation doctrine, prohibiting Congress from delegating its legislative authority to other branches of government. | ||
Section 2 establishes the composition of the House of Representatives as a directly-elected body of members that are to be reelected once a year. It provides for state-established recall procedures, allowing states to remove representatives who fail to adequately represent their constituents' interests. The qualifications for Representatives include being at least 28 years old, a citizen of the United States for seven years, and an inhabitant of the state they represent. States are allowed to establish additional qualifications, and there's a term limit of twelve years total for Representatives. Section 3 addresses the Senate, establishing that it consists of two Senators from each state, chosen by the state legislature for six-year terms. It includes provisions for the classification of Senators, vacancies, and qualifications. Senators must be at least 21 years old, citizens for nine years, and inhabitants of their state. There's a limit of two full terms for Senators. The Senate is given the sole power to try impeachments of executive federal officials, with a simple majority required for conviction. | |||
Section 4 of | Section 4 firmly establishes the sovereignty of the states in matters of election, prohibiting federal interference in the electoral process. It also stipulates that Congress shall assemble once a year for a session not exceeding three months, unless extended by a two-thirds vote of the states. Section 5 gives state legislatures the sole power to judge the elections and qualifications of their Representatives and Senators. It also allows each house of Congress to determine its own rules of proceedings and discipline its members. The article includes strict limitations on federal power, particularly in areas like taxation and commerce regulation. It emphasizes state sovereignty and individual rights, reserving all powers not explicitly granted to Congress to the states or the people. | ||
Section | |||
==Section 1: Legislative power vested in Congress== | ==Section 1: Legislative power vested in Congress== | ||
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===Clause 6: Judgment in cases of impeachment; Punishment on conviction=== | ===Clause 6: Judgment in cases of impeachment; Punishment on conviction=== | ||
{{blockquote|Judgment in Cases of Impeachment shall extend only to removal from Office, and the Party so removed shall be barred from holding any Office of honor, Trust or Profit under the United States for a period not exceeding seven Years: but the Party convicted shall thereafter be subject to Indictment, Trial, Judgment and Punishment, according to the Laws of the State wherein the Offense was committed or the Laws of the United States, as the nature of the Offense may require. The several States shall retain the Power to further restrict or bar such convicted Parties from holding State Offices, as they may deem proper.}} | {{blockquote|Judgment in Cases of Impeachment shall extend only to removal from Office, and the Party so removed shall be barred from holding any Office of honor, Trust or Profit under the United States for a period not exceeding seven Years: but the Party convicted shall thereafter be subject to Indictment, Trial, Judgment and Punishment, according to the Laws of the State wherein the Offense was committed or the Laws of the United States, as the nature of the Offense may require. The several States shall retain the Power to further restrict or bar such convicted Parties from holding State Offices, as they may deem proper.}} | ||
==Section 4: Congressional elections and sessions== | |||
===Clause 1: Time, place, and manner of holding elections=== | |||
{{blockquote|The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; and such power shall remain inviolable and beyond the reach of any federal authority. The Congress shall make no Law to alter or amend these Regulations, as the conduct of Elections is a matter most sacred to the sovereignty of the several States. The Place of chusing Senators shall forever remain within the Halls of the respective State Legislatures.}} | |||
The purpose of this clause is to firmly establish the sovereignty of the states in matters of election. It makes clear that the responsibility for conducting elections for federal senators and representatives lies solely with the state legislatures, without any federal interference. This clause reinforces the principle of state autonomy in the electoral process, a key tenet of Anti-Federalist ideology. As of XXXX, each state retains full authority to regulate all aspects of the election process, including but not limited to: setting election dates, determining registration procedures, establishing primary election protocols, and choosing polling locations. The clause explicitly prohibits Congress from making or altering these regulations, preserving the diverse electoral practices among the states. Congress does hold some power however, because in X v. X, the Supreme Court ruled that Congress had the authority to stipulate on the date and time that federal elections were to occur, however nothing more. States have the exclusive authority to set all other times in regards to a federal election. | |||
This clause has been the subject of criticism as since its ratification, elections have varied in their operation, and subsequently, in their fairness. It would take until the [[23rd Amendment of the United States of Elisia|23rd Amendment]] to finally revise the clause and grant some more autonomy to the federal government to regulate elections. | |||
===Clause 2: Sessions of Congress=== | |||
{{blockquote|The Congress shall assemble but once in every Year, and such Meeting shall not exceed the duration of three Months, commencing on the first Monday of February, unless two-thirds of the several States shall, by their Legislatures, call for an earlier or later commencement, or an extended session. The States shall retain the Power to recall their Representatives and Senators at any time. No Law shall be enacted to alter this schedule without the unanimous Consent of all the States.}} | |||
==Section 5: Procedure== | |||
===Clause 1: Electoral judgement; Quorum=== | |||
{{blockquote|Each State Legislature shall be the sole Judge of the Elections, Returns and Qualifications of its own Representatives and Senators to the Congress, and no Member duly elected by the People or appointed by the State Legislature shall be refused their rightful seat, save for want of age, citizenship, or residency as herein prescribed. A Majority of each House 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 State Legislature may provide. The Congress shall make no Law to abridge or alter these Powers vested in the States.}} | |||
This clause stipulates that the individual states' legislatures are responsible for the elections, returns and qualifications of any representative belonging to them in Congress, and also establishes a constitutional right to be elected (should you have won) as long as you meet the age, citizenship and residency requirements as proscribed in the Constitution. This clause has been the subject of debate for being in conflict with Section 1, Clause 2, because it stipulates that states can establish additional qualifications for members of the House of Representatives. The Supreme Court would later rule in 1814 that due to the legislature being the judge of said qualifications, that an elected citizen can be refused their "rightful seat" should they have been found to not have met the provisions that the state rightly established. | |||
===Clause 2: Rules=== | |||
{{blockquote|Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a member.}} | |||
===Clause 3: Record of proceedings=== | |||
{{blockquote|Each House shall keep a full and accurate Journal of its Proceedings, and shall publish the same within one Month after each Session, save for such Parts as may, by a vote of three-fourths of the Members present, be deemed to require temporary Secrecy for the preservation of the public Safety. The Yeas and Nays of the Members of either House on any question shall, without exception, be entered on the Journal, that the People may know how their Representatives have voted. No vote shall be taken by voice or show of Hands, but only by recorded Yeas and Nays. The Journal shall be transmitted to the Legislature of each State, and shall be made freely available for inspection by any Citizen. Any Member who shall move to conceal any Part of the Proceedings from the People, save in cases of clear and present Danger to the public Safety, shall be subject to Censure by their State Legislature. The Freedom of the Press to report on all Proceedings of Congress shall not be infringed, that the People may be well-informed of the Conduct of their Representatives.}} | |||
Considered to be an expansion upon the freedom of the press, each House must keep and publish a Journal, though it may choose to keep any part of the Journal secret. excluding the votes of the members on any one bill. The proceedings of the House are recorded in the Journal; if three-fourths of those present (assuming a quorum is present) request it, one or more parts can be kept secret. It also prohibits raised hands voting in favor of yeas and nays and creates a new constitutional right to be informed of the happenings of the houses. This clause was the first of its kind in Telrovan history. | |||
===Clause 4: Adjournment=== | |||
{{blockquote|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.}} | |||
==Section 6: Compensation, privileges, and restrictions on holding civil office== | |||
===Clause 1: Compensation and legal protection=== | |||
{{blockquote|The Senators and Representatives shall receive a modest Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States; provided, however, that such Compensation shall not exceed thrice the average Yearly Income of the Citizens of the State they represent. The several States shall retain the Power to supplement this Compensation as they see fit. 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. Notwithstanding, no Member shall be shielded from Prosecution for Corruption or Malfeasance in Office, and the States shall retain the Power to recall their Representatives and Senators for Cause, as determined by the Legislature thereof. The Privilege of Speech and Debate shall not extend to Slander or Libel against private Citizens, nor to Sedition against the Union or the several States.}} | |||
===Clause 2: Independence from the executive=== | |||
{{blockquote|No Senator or Representative shall, during the Time for which he was elected, nor for a period of seven Years thereafter, be appointed to any civil Office under the Authority of the United States, nor to any Office within their respective 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, or any State, shall be a Member of either House during his Continuance in Office, nor for three Years after the expiration thereof. Furthermore, no Senator or Representative shall, during their term of Service or for five Years thereafter, receive any Emolument, Benefit, or Advantage from any Corporation, Company, or Foreign Power, lest the sacred Trust of the People be corrupted. The several States shall have Power to enact more stringent Prohibitions as they deem necessary to preserve the Purity of their Representation. Any Violation of these Provisions shall be deemed a high Crime, punishable by Banishment from Office and Forfeiture of all Pensions and Privileges attendant thereto. The People, through their State Legislatures, shall have the Power to enforce this Clause by appropriate Legislation and to recall any Member found in Violation thereof.}} | |||
==Section 7: Bills== | |||
===Clause 1: From bill to law=== | |||
{{blockquote|Every Bill which shall have passed the House of Representatives and the Senate shall, before it become a Law, be presented to the President of the United States, who shall, within ten Days (Sundays excepted), affix his Signature thereto, unless he shall have obtained the Express Consent of at least three-fourths of the Governors of the several States to withhold his Signature. In such Case where the requisite Consent of the Governors is obtained, the Bill shall be returned to the House in which it originated, together with the Objections of the Governors, which shall be entered at large on the Journal of said House, and the Bill shall not become Law. Should the President fail to sign a Bill within the prescribed ten Days, and have not obtained the requisite Consent of the Governors, the Same shall become Law as if he had signed it, provided Congress be not adjourned so as to prevent its Return.}} | |||
Before a bill becomes law, it must be presented to the president, who has ten days (excluding Sundays) to either affix his signature, thereby ratifying it, or to attempt to garner the approval of at least three-fourths of the state governors to have it be vetoed. Should a bill be successfully vetoed, then the bill will not become law and cannot be reconsidered, as vetoes are permanent and cannot be overridden by Congress. This clause is known as the Originating Clause, because it establishes how the process of a bill from creation to ratification. | |||
This clause is noted for being the only one that grants a specific constitutional power to the governors of the states, as opposed to the states' legislatures or to the people. The concept behind this was conceived by Alan Coleman, who was an Independence War Veteran and shockingly, a Federalist, who thought that the President should not have the unilateral authority to stop legislation that was agreed upon by the people, or by the various states, as outlined under the Constitution. At the same time, he believed that the separation of powers doctrine should prohibit Congress from being able to encroach on the powers of the executive unless absolutely necessary. Alan was convinced that due to the Constitution's "strictly limited" powers clause outlined under Section 1, the President would only veto matters that are of public necessity, common defense, or for "our general welfare." These reasons convinced the convention to vote to ratify said clause. | |||
===Clause 2: Resolutions=== | |||
{{blockquote|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. The President may, within fifteen Days of receiving any Measure, submit it to the Legislatures of the several States for their Consideration, and if two-thirds of said Legislatures object to the Measure, it shall require the Assent of four-fifths of both Houses of Congress to take Effect. No Order, Resolution, or Vote shall embrace more than one Subject, which shall be clearly expressed in its Title.}} | |||
===Clause 3: Bills of revenue=== | |||
{{blockquote|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.}} | |||
==Section 8: Powers of Congress== | |||
===Enumerated powers=== | |||
Congress's legislative powers are enumerated in Section Eight. Its XX clauses are, in order: | |||
{{blockquote|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. | |||
* To borrow Money on the credit of the United States, provided that such Borrowing shall not exceed one-tenth of the total Revenue of the previous Year, unless approved by three-fourths of the State Legislatures; | |||
* To establish a national bank of the United States; | |||
* To regulate Commerce with foreign Nations, and among the several States, but only insofar as necessary to prevent the erection of Barriers to Trade between the States or with foreign Nations. This Power shall not extend to the Regulation of purely intrastate Commerce, nor to the Manufacture or Production of Goods not yet entered into Commerce; | |||
* To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States, subject to the Approval of two-thirds of the State Legislatures; | |||
* To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; | |||
* To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; | |||
* To establish Post Offices and post Roads; | |||
* To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; | |||
* To constitute Tribunals inferior to the supreme Court, with the Consent of the Legislature of the State wherein such Tribunal shall be established; | |||
* To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; | |||
* To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water, provided that no Declaration of War shall be made without the Concurrence of two-thirds of both Houses of Congress and a Majority of the State Legislatures; | |||
* To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than one Year, and the Size of the standing Army in time of Peace shall not exceed one-thousandth part of the total Population of the United States; | |||
* To provide for the establishment and maintenance of public schools within the several States, with curriculum oversight reserved to the States; | |||
* To regulate corporations and monopolies to prevent undue concentration of economic power, while reserving primary authority over intrastate commerce to the States; | |||
* To provide and maintain a Navy, limited to such Size as may be necessary for the Protection of American Commerce and Coasts; | |||
* To make Rules for the Government and Regulation of the land and naval Forces; | |||
* To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions, provided that no Militiaman shall be compelled to serve outside his State without the Consent of the Legislature thereof, except in Cases of actual Invasion or imminent Danger thereof; and further provided that the Command of the Militia, when in actual Service of the United States, shall be shared jointly between Officers appointed by Congress and those appointed by the respective States; | |||
* To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, provided that the States shall retain the Power to refuse the Transfer of their Militia to federal Service except in Cases of Invasion or imminent Danger thereof; reserving to the States respectively, the Appointment of all Officers, and the Authority of training the Militia; and further provided that Congress shall establish general Standards of discipline and Organization, but the particular Modes of implementation shall be determined by each State; | |||
* To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, provided that the Residents of such District shall retain the Right to vote in the States, and federally, from which the District was ceded;—And | |||
* To exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; | |||
==Section 9: General Limits on Federal power== | |||
The ninth section of Article One places limits on federal powers, including those of Congress: | |||
{{blockquote|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. | |||
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it, and then only by Act of the State Legislature wherein such Rebellion or Invasion occurs; provided, however, that if the State Government or Legislature itself be in Rebellion against the United States, or unable to act due to Invasion, then the Privilege may be suspended by Act of Congress, with the Concurrence of two-thirds of both Houses, and only within the Limits of the State or States so affected, and for a Period not exceeding six Months without Renewal by the same Process. | |||
No Bill of Attainder or ex post facto Law shall be passed. | |||
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken, and only with the Consent of three-fourths of the State Legislatures. | |||
No Tax or Duty shall be laid on Articles exported from any State. | |||
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another. | |||
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published every six Months, and transmitted to the Legislature of each State for their Examination and Approval. | |||
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State. | |||
The United States shall not maintain a standing Army in time of Peace, save for a Number not exceeding one-thousandth part of the total Population, and no Appropriation of Money for military Use shall be for a longer Term than one Year. | |||
No Law respecting an establishment of Religion, or prohibiting the free Exercise thereof; or abridging the Freedom of Speech, or of the Press; or the Right of the People peaceably to Assemble, and to Petition the Government for a Redress of Grievances, shall ever be enacted by Congress. | |||
The Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People, and no Power shall be implied or construed to belong to the Federal Government unless expressly granted herein. | |||
No Treaty or Executive Agreement shall be deemed to alter or supersede any Law of the United States, or of the several States, unless implemented by Legislation duly enacted by Congress and ratified by three-fourths of the State Legislatures. | |||
No Law shall be enacted by Congress to regulate Commerce occurring wholly within a single State, this Power being reserved exclusively to the States respectively. | |||
No Law prohibiting or regulating the Domestic Institutions of the several States, including that of Persons held to Service or Labour, this Matter being reserved exclusively to the States respectively, except where the Constitution expressly permits; provided, however, that this Reservation shall not apply to any State in open Rebellion against the Authority of the United States, as declared by a two-thirds vote of both Houses of Congress. | |||
No Person, being a Representative or Senator in Congress, who shall have engaged in Insurrection or Rebellion against the United States, or given Aid or Comfort to the Enemies thereof, or who shall be a Resident of any State declared to be in Rebellion by both Houses of Congress, shall be deemed a Member of their respective House. Such Person shall enjoy no Immunities, Protections, Privileges, or Voting Rights pertaining to said Office, nor shall they be permitted to enter the Chambers of Congress or any other Place wherein the Business of Government is conducted. The Seat of such Person shall be declared vacant, and a Writ of Election shall be issued forthwith to fill the same, unless the Term of said Office shall sooner expire. This Disqualification may be removed by a vote of seven-tenths of each House of Congress, or, in the case of a Person disqualified solely by virtue of Residence in a State declared to be in Rebellion, upon the Rescission of such Declaration of Rebellion by a Majority vote of both Houses of Congress.}} | |||
==Section 10: Limits on the States== |
Latest revision as of 03:37, 6 September 2024
Article One of the Constitution of the United States establishes the legislative branch of the federal government, the United States Congress. Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate. Article One grants Congress various enumerated powers while strictly limiting federal authority to those powers explicitly listed. It establishes the procedures for passing bills and places various limits on the powers of Congress and the states to prevent abuse of power. Section 1 of Article One is a vesting clause that bestows federal legislative power exclusively to Congress. It explicitly states that the powers of Congress shall be strictly limited to those enumerated in the Constitution, with all other powers reserved to the States or to the people. This section emphasizes the separation of powers and the nondelegation doctrine, prohibiting Congress from delegating its legislative authority to other branches of government.
Section 2 establishes the composition of the House of Representatives as a directly-elected body of members that are to be reelected once a year. It provides for state-established recall procedures, allowing states to remove representatives who fail to adequately represent their constituents' interests. The qualifications for Representatives include being at least 28 years old, a citizen of the United States for seven years, and an inhabitant of the state they represent. States are allowed to establish additional qualifications, and there's a term limit of twelve years total for Representatives. Section 3 addresses the Senate, establishing that it consists of two Senators from each state, chosen by the state legislature for six-year terms. It includes provisions for the classification of Senators, vacancies, and qualifications. Senators must be at least 21 years old, citizens for nine years, and inhabitants of their state. There's a limit of two full terms for Senators. The Senate is given the sole power to try impeachments of executive federal officials, with a simple majority required for conviction.
Section 4 firmly establishes the sovereignty of the states in matters of election, prohibiting federal interference in the electoral process. It also stipulates that Congress shall assemble once a year for a session not exceeding three months, unless extended by a two-thirds vote of the states. Section 5 gives state legislatures the sole power to judge the elections and qualifications of their Representatives and Senators. It also allows each house of Congress to determine its own rules of proceedings and discipline its members. The article includes strict limitations on federal power, particularly in areas like taxation and commerce regulation. It emphasizes state sovereignty and individual rights, reserving all powers not explicitly granted to Congress to the states or the people.
Section 1: Legislative power vested in 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. The powers of Congress shall be strictly limited to those enumerated in this Constitution, with all other powers reserved to the States or to the people.
Section 1 is a vesting clause that bestows federal legislative power exclusively to Congress. Similar clauses are found in Article II, which confers executive power upon the president, and Article III, which grants judicial power to the federal government solely for federal matters, and establishes the privileges that states enjoy in exercising judicial powers. These three articles create a separation of powers among the three branches of the government.
The separation of powers principle is particularly significant for Congress. The Constitution declares that Congress may exercise only those legislative powers explicitly enumerated within Article I. It also strictly prohibits Congress from delegating its legislative authority to either of the other branches of government, a rule known as the nondelegation doctrine. The Supreme Court has interpreted this doctrine narrowly, allowing Congress minimal latitude to delegate regulatory powers to executive agencies only when absolutely necessary and with clear, specific guidelines. The power assigned to each branch must remain with that branch and may be expressed only by that branch. This is central to the theory of separation of powers and serves to prevent the concentration of authority in any single branch. The nondelegation doctrine is primarily used as a way of interpreting congressional delegation of authority very narrowly, with courts presuming Congress intended to delegate only what it explicitly stated.
The 17th Amendment would establish Congress's power to investigate and the power to compel cooperation with an investigation. Prior to the amendment, the Supreme Court ruled that investigations was not a part of their power to legislate, since the Constitution had a "strictly limited" clause in terms of using powers. Since this authority is separate from the power to legislate, it is therefore inherently separate in what is authorized. Congress's ability to compel the submission of documents or testimony from the president or his subordinates is severely limited to protect the independence of the executive branch. As a practical matter, the limitation of Congress's ability to investigate only for a proper purpose functions as a strict limit on Congress's ability to investigate the private affairs of individual citizens or to encroach on the powers of other branches. Matters that demand action by another branch of government, without implicating an issue of public policy necessitating legislation by Congress, must be left to those branches due to the doctrine of separation of powers. The courts are to be vigilant in enforcing these limitations on Congress's investigative powers to prevent overreach and protect individual liberties.
Section 2: House of Representatives
Clause 1: Composition and election of Members
The House of Representatives shall be composed of Members chosen every 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. Representatives shall be subject to recall by their constituents through a process determined by each State.
Section 2 establishes the composition of the House of Representatives as a directly-elected body of members that are to be reelected once a year, with each state being constitutionally authorized to setup procedures to recall their representatives. The provision for state-established recall procedures was a key Anti-Federalist addition, allowing states to remove representatives who fail to adequately represent their constituents' interests. This recall power serves as an additional check on federal authority and reinforces state sovereignty. The qualification of electors remains tied to state standards, preserving state control over voter eligibility. This was seen as a safeguard against federal encroachment on state electoral processes. The annual election cycle and recall provisions were designed to create a more responsive and accountable federal government, aligning with Anti-Federalist principles of limited central authority and enhanced state and popular control over elected officials.
Clause 2: Qualifications of Members
No Person shall be a Representative who shall not have attained to the Age of twenty-eight 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. Each State shall have the Power to establish additional Qualifications for their Representatives, provided such Qualifications do not contravene this Constitution. No Person shall serve as a Representative for more than twelve Years in total, whether consecutive or non-consecutive.
Qualifications to be a House Representative was the source of much debate. Multiple compromises were proposed, such as the X Plan, the XX Plan and the XXX Plan, with the XX Plan being most famous for being the most restrictive, most potentially damaging proposal in the entire convention when the Constitution was ratified. The XX Plan was heavily Anti-Federalist in its ideas and it was proposed by John Earle, who would go on to become the leader of the Anti-Federalist Society until his death in XXXX. The proposed text was the following:
No Person shall be a Representative who shall not have attained to the Age of thirty Years, and be a natural born Citizen of the State which he shall represent, and been ten Years an Inhabitant of that same State, and who shall not, when elected, be a Freeholder possessing Lands or Tenements within said State valued at no less than one thousand Spanish milled dollars. Furthermore, no Person shall be eligible for the Office of Representative who hath ever held any Office under the Authority of the United States, or who hath served more than six Years as a Representative in aggregate.
The XX Plan failed because it was too hardline on the agenda of Anti-Federalist ideology for both centrists and some leaning Federalist members to say yes to, and due to the shocking requirements such as the age of 30 and the requirement to own property, which didn't appeal to even the most devout slaveholders, Federalists refused to support it, and it was subsequently shot down. The clause that was put in is one that was seen as a compromise between Anti-Federalists and Federalists, and is one of the largest compromises made at the convention. It provides four requirements for Representatives: A Representative must be at least 28 years old, must be an inhabitant of the state in which he or she is elected, must have been a citizen of the United States for the previous seven years and must not have served for longer than 12 years. One key difference between the XX Plan and the ratified clause is that the ratified clause provides for the ability to states to establish their own qualifications that have to be met in addition to the four constitutional requirements. Notably, there is no requirement that a Representative reside within the district in which he or she represents; although this is usually the case, there have been occasional exceptions.
Regarding dual office-holding, while the U.S. Constitution does not explicitly prohibit state or local office-holders from simultaneously holding federal office, many state constitutions have implemented their own restrictions. These state-level prohibitions are constitutional as ruled by the Supreme Court in X v. X in XXXX. Ballot access requirements are also constitutional, such as requiring a certain number of signatures, a college degree, etc.
Clause 3: Apportionment of Representatives
Representatives shall be apportioned among the several States according to their respective Numbers, which shall be determined by an actual Enumeration to be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of seven Years. The Number of Representatives shall not exceed one for every forty Thousand Persons in each State, but each State shall have at Least two Representatives; and until such enumeration shall be made, the total Number of Representatives shall not exceed sixty-five. Any legislation concerning the methodology or conduct of the Enumeration shall require the unanimous approval of the Senate. The States shall have the power to conduct their own Enumerations, subject to the review and approval of Congress, and may petition for additional representation between federal Enumerations if their population growth so warrants.
After much debate, the framers of the Constitution decided to make population the basis of apportioning the seats in the House of Representatives, however, the states that did not have slavery or had prohibited it almost refused to ratify it due to the fact that all persons, irrespective of their status, were counted for apportioning representatives. This is seen as a highly unusual move today by historians due to the fact that slavery was in fact protected by the Constitution when it was ratified. Federalists and non-slavery states, in an even more unusual move, agreed to permit it if the states received the authority to deal with apportionment of the house, to not require a constitutional amendment, something that the Anti-Federalists at the time had not granted due to concerns of abuse. It is documented that the clause was implemented by it being secretly modified and slipped into the congressional vote, with the Anti-Federalists voting yes because they did not read it themselves to double-check.
Clause 4: Vacancies
When vacancies occur in the Representation from any State, the Executive Authority thereof shall appoint a temporary Representative to fill such Vacancies until the next regular election. The appointment shall be made within thirty days, and the appointee shall serve only until the people of the State can elect a successor at the next scheduled election
This was considered to be a Federalist win due to control over vacancies being put into the hands of the executive, one of the few constitutional powers that they claim.
Clause 5: Speaker and other officers
The House of Representatives shall chuse their Speaker and other Officers by a Majority of Votes.
It was originally proposed that the House of Representatives be granted the right to impeach federal officials, and this would finally be granted with the 3rd Amendment, however the power was strictly limited to non-executive federal officials only, and prohibited impeachment of the Supreme Court, that power being reserved to the Senate exclusively.
Section 3: Senate
Clause 1: Composition and election of senators
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. The method of selecting Senators by State Legislatures shall not be altered without the unanimous consent of all States.
Clause 2: Classification of senators; Vacancies
Immediately after they shall be assembled in Consequence of the first Election, the Senators shall be divided as equally as may be into two Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, and of the second Class at the Expiration of the fourth Year, so that one half may be chosen every second Year. No Senator shall serve more than one term of four Years in any eight Year period. If Vacancies happen by Resignation, or otherwise, the Legislature of the State shall forthwith fill such Vacancies; and if the Legislature be not in session, the Executive thereof shall call an extraordinary session for the sole purpose of electing a new Senator.
Clause 3: Qualifications of senators
No Person shall be a Senator who shall not have attained to the Age of twenty-one 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. No Person shall serve as a Senator for more than two full terms, whether consecutive or non-consecutive.
Clause 4: Officers of the Senate
The Senate shall, at the commencement of each annual session, chuse from among its own Members a President of the Senate, who shall preside over its deliberations. This Officer shall possess no Vote, unless the Senate be equally divided. The President of the Senate shall serve for the term of one Year, and shall not be eligible for immediate re-election to that Office. In the Absence of the President of the Senate, the Senate shall appoint a President pro tempore to perform the duties of the Chair.
Clause 5: Trial of impeachment
The Senate shall have the sole Power to try all Impeachments brought forth by at least one half of the several States against executive federal officials. 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 the majority of the Members present.
Clause Five is to this day highly controversial both domestically and internationally, for providing what political scientists say is "the easiest impeachment process in Telrova" It granted to the Senate the exclusive authority to try impeachments of executive federal officials, with the House later receiving the authority to impeach non-executive federal officials under the 3rd Amendment. While the clause itself is not questionable on its face, the fact that it takes a simple majority to impeach an executive official has been a genuine concern of civil rights advocates for decades. Many people have attempted to revise the clause in recent years, to stunning failure due to the states' resistance and refusal to give up their power to impeach.
The Supreme Court has interpreted this clause in such a way that the Senate has unchecked authority to try impeachments as they see fit, a rare broad and reaching ruling which is still current precedent.
Clause 6: Judgment in cases of impeachment; Punishment on conviction
Judgment in Cases of Impeachment shall extend only to removal from Office, and the Party so removed shall be barred from holding any Office of honor, Trust or Profit under the United States for a period not exceeding seven Years: but the Party convicted shall thereafter be subject to Indictment, Trial, Judgment and Punishment, according to the Laws of the State wherein the Offense was committed or the Laws of the United States, as the nature of the Offense may require. The several States shall retain the Power to further restrict or bar such convicted Parties from holding State Offices, as they may deem proper.
Section 4: Congressional elections and sessions
Clause 1: Time, place, and manner of holding elections
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; and such power shall remain inviolable and beyond the reach of any federal authority. The Congress shall make no Law to alter or amend these Regulations, as the conduct of Elections is a matter most sacred to the sovereignty of the several States. The Place of chusing Senators shall forever remain within the Halls of the respective State Legislatures.
The purpose of this clause is to firmly establish the sovereignty of the states in matters of election. It makes clear that the responsibility for conducting elections for federal senators and representatives lies solely with the state legislatures, without any federal interference. This clause reinforces the principle of state autonomy in the electoral process, a key tenet of Anti-Federalist ideology. As of XXXX, each state retains full authority to regulate all aspects of the election process, including but not limited to: setting election dates, determining registration procedures, establishing primary election protocols, and choosing polling locations. The clause explicitly prohibits Congress from making or altering these regulations, preserving the diverse electoral practices among the states. Congress does hold some power however, because in X v. X, the Supreme Court ruled that Congress had the authority to stipulate on the date and time that federal elections were to occur, however nothing more. States have the exclusive authority to set all other times in regards to a federal election.
This clause has been the subject of criticism as since its ratification, elections have varied in their operation, and subsequently, in their fairness. It would take until the 23rd Amendment to finally revise the clause and grant some more autonomy to the federal government to regulate elections.
Clause 2: Sessions of Congress
The Congress shall assemble but once in every Year, and such Meeting shall not exceed the duration of three Months, commencing on the first Monday of February, unless two-thirds of the several States shall, by their Legislatures, call for an earlier or later commencement, or an extended session. The States shall retain the Power to recall their Representatives and Senators at any time. No Law shall be enacted to alter this schedule without the unanimous Consent of all the States.
Section 5: Procedure
Clause 1: Electoral judgement; Quorum
Each State Legislature shall be the sole Judge of the Elections, Returns and Qualifications of its own Representatives and Senators to the Congress, and no Member duly elected by the People or appointed by the State Legislature shall be refused their rightful seat, save for want of age, citizenship, or residency as herein prescribed. A Majority of each House 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 State Legislature may provide. The Congress shall make no Law to abridge or alter these Powers vested in the States.
This clause stipulates that the individual states' legislatures are responsible for the elections, returns and qualifications of any representative belonging to them in Congress, and also establishes a constitutional right to be elected (should you have won) as long as you meet the age, citizenship and residency requirements as proscribed in the Constitution. This clause has been the subject of debate for being in conflict with Section 1, Clause 2, because it stipulates that states can establish additional qualifications for members of the House of Representatives. The Supreme Court would later rule in 1814 that due to the legislature being the judge of said qualifications, that an elected citizen can be refused their "rightful seat" should they have been found to not have met the provisions that the state rightly established.
Clause 2: Rules
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a member.
Clause 3: Record of proceedings
Each House shall keep a full and accurate Journal of its Proceedings, and shall publish the same within one Month after each Session, save for such Parts as may, by a vote of three-fourths of the Members present, be deemed to require temporary Secrecy for the preservation of the public Safety. The Yeas and Nays of the Members of either House on any question shall, without exception, be entered on the Journal, that the People may know how their Representatives have voted. No vote shall be taken by voice or show of Hands, but only by recorded Yeas and Nays. The Journal shall be transmitted to the Legislature of each State, and shall be made freely available for inspection by any Citizen. Any Member who shall move to conceal any Part of the Proceedings from the People, save in cases of clear and present Danger to the public Safety, shall be subject to Censure by their State Legislature. The Freedom of the Press to report on all Proceedings of Congress shall not be infringed, that the People may be well-informed of the Conduct of their Representatives.
Considered to be an expansion upon the freedom of the press, each House must keep and publish a Journal, though it may choose to keep any part of the Journal secret. excluding the votes of the members on any one bill. The proceedings of the House are recorded in the Journal; if three-fourths of those present (assuming a quorum is present) request it, one or more parts can be kept secret. It also prohibits raised hands voting in favor of yeas and nays and creates a new constitutional right to be informed of the happenings of the houses. This clause was the first of its kind in Telrovan history.
Clause 4: Adjournment
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.
Section 6: Compensation, privileges, and restrictions on holding civil office
Clause 1: Compensation and legal protection
The Senators and Representatives shall receive a modest Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States; provided, however, that such Compensation shall not exceed thrice the average Yearly Income of the Citizens of the State they represent. The several States shall retain the Power to supplement this Compensation as they see fit. 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. Notwithstanding, no Member shall be shielded from Prosecution for Corruption or Malfeasance in Office, and the States shall retain the Power to recall their Representatives and Senators for Cause, as determined by the Legislature thereof. The Privilege of Speech and Debate shall not extend to Slander or Libel against private Citizens, nor to Sedition against the Union or the several States.
Clause 2: Independence from the executive
No Senator or Representative shall, during the Time for which he was elected, nor for a period of seven Years thereafter, be appointed to any civil Office under the Authority of the United States, nor to any Office within their respective 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, or any State, shall be a Member of either House during his Continuance in Office, nor for three Years after the expiration thereof. Furthermore, no Senator or Representative shall, during their term of Service or for five Years thereafter, receive any Emolument, Benefit, or Advantage from any Corporation, Company, or Foreign Power, lest the sacred Trust of the People be corrupted. The several States shall have Power to enact more stringent Prohibitions as they deem necessary to preserve the Purity of their Representation. Any Violation of these Provisions shall be deemed a high Crime, punishable by Banishment from Office and Forfeiture of all Pensions and Privileges attendant thereto. The People, through their State Legislatures, shall have the Power to enforce this Clause by appropriate Legislation and to recall any Member found in Violation thereof.
Section 7: Bills
Clause 1: From bill to law
Every Bill which shall have passed the House of Representatives and the Senate shall, before it become a Law, be presented to the President of the United States, who shall, within ten Days (Sundays excepted), affix his Signature thereto, unless he shall have obtained the Express Consent of at least three-fourths of the Governors of the several States to withhold his Signature. In such Case where the requisite Consent of the Governors is obtained, the Bill shall be returned to the House in which it originated, together with the Objections of the Governors, which shall be entered at large on the Journal of said House, and the Bill shall not become Law. Should the President fail to sign a Bill within the prescribed ten Days, and have not obtained the requisite Consent of the Governors, the Same shall become Law as if he had signed it, provided Congress be not adjourned so as to prevent its Return.
Before a bill becomes law, it must be presented to the president, who has ten days (excluding Sundays) to either affix his signature, thereby ratifying it, or to attempt to garner the approval of at least three-fourths of the state governors to have it be vetoed. Should a bill be successfully vetoed, then the bill will not become law and cannot be reconsidered, as vetoes are permanent and cannot be overridden by Congress. This clause is known as the Originating Clause, because it establishes how the process of a bill from creation to ratification.
This clause is noted for being the only one that grants a specific constitutional power to the governors of the states, as opposed to the states' legislatures or to the people. The concept behind this was conceived by Alan Coleman, who was an Independence War Veteran and shockingly, a Federalist, who thought that the President should not have the unilateral authority to stop legislation that was agreed upon by the people, or by the various states, as outlined under the Constitution. At the same time, he believed that the separation of powers doctrine should prohibit Congress from being able to encroach on the powers of the executive unless absolutely necessary. Alan was convinced that due to the Constitution's "strictly limited" powers clause outlined under Section 1, the President would only veto matters that are of public necessity, common defense, or for "our general welfare." These reasons convinced the convention to vote to ratify said clause.
Clause 2: Resolutions
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. The President may, within fifteen Days of receiving any Measure, submit it to the Legislatures of the several States for their Consideration, and if two-thirds of said Legislatures object to the Measure, it shall require the Assent of four-fifths of both Houses of Congress to take Effect. No Order, Resolution, or Vote shall embrace more than one Subject, which shall be clearly expressed in its Title.
Clause 3: Bills of revenue
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.
Section 8: Powers of Congress
Enumerated powers
Congress's legislative powers are enumerated in Section Eight. Its XX clauses are, in order:
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.
- To borrow Money on the credit of the United States, provided that such Borrowing shall not exceed one-tenth of the total Revenue of the previous Year, unless approved by three-fourths of the State Legislatures;
- To establish a national bank of the United States;
- To regulate Commerce with foreign Nations, and among the several States, but only insofar as necessary to prevent the erection of Barriers to Trade between the States or with foreign Nations. This Power shall not extend to the Regulation of purely intrastate Commerce, nor to the Manufacture or Production of Goods not yet entered into Commerce;
- To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States, subject to the Approval of two-thirds of the State Legislatures;
- To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
- To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
- To establish Post Offices and post Roads;
- To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
- To constitute Tribunals inferior to the supreme Court, with the Consent of the Legislature of the State wherein such Tribunal shall be established;
- To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
- To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water, provided that no Declaration of War shall be made without the Concurrence of two-thirds of both Houses of Congress and a Majority of the State Legislatures;
- To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than one Year, and the Size of the standing Army in time of Peace shall not exceed one-thousandth part of the total Population of the United States;
- To provide for the establishment and maintenance of public schools within the several States, with curriculum oversight reserved to the States;
- To regulate corporations and monopolies to prevent undue concentration of economic power, while reserving primary authority over intrastate commerce to the States;
- To provide and maintain a Navy, limited to such Size as may be necessary for the Protection of American Commerce and Coasts;
- To make Rules for the Government and Regulation of the land and naval Forces;
- To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions, provided that no Militiaman shall be compelled to serve outside his State without the Consent of the Legislature thereof, except in Cases of actual Invasion or imminent Danger thereof; and further provided that the Command of the Militia, when in actual Service of the United States, shall be shared jointly between Officers appointed by Congress and those appointed by the respective States;
- To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, provided that the States shall retain the Power to refuse the Transfer of their Militia to federal Service except in Cases of Invasion or imminent Danger thereof; reserving to the States respectively, the Appointment of all Officers, and the Authority of training the Militia; and further provided that Congress shall establish general Standards of discipline and Organization, but the particular Modes of implementation shall be determined by each State;
- To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, provided that the Residents of such District shall retain the Right to vote in the States, and federally, from which the District was ceded;—And
- To exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;
Section 9: General Limits on Federal power
The ninth section of Article One places limits on federal powers, including those of Congress:
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.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it, and then only by Act of the State Legislature wherein such Rebellion or Invasion occurs; provided, however, that if the State Government or Legislature itself be in Rebellion against the United States, or unable to act due to Invasion, then the Privilege may be suspended by Act of Congress, with the Concurrence of two-thirds of both Houses, and only within the Limits of the State or States so affected, and for a Period not exceeding six Months without Renewal by the same Process.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken, and only with the Consent of three-fourths of the State Legislatures.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published every six Months, and transmitted to the Legislature of each State for their Examination and Approval.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
The United States shall not maintain a standing Army in time of Peace, save for a Number not exceeding one-thousandth part of the total Population, and no Appropriation of Money for military Use shall be for a longer Term than one Year.
No Law respecting an establishment of Religion, or prohibiting the free Exercise thereof; or abridging the Freedom of Speech, or of the Press; or the Right of the People peaceably to Assemble, and to Petition the Government for a Redress of Grievances, shall ever be enacted by Congress.
The Powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the People, and no Power shall be implied or construed to belong to the Federal Government unless expressly granted herein.
No Treaty or Executive Agreement shall be deemed to alter or supersede any Law of the United States, or of the several States, unless implemented by Legislation duly enacted by Congress and ratified by three-fourths of the State Legislatures.
No Law shall be enacted by Congress to regulate Commerce occurring wholly within a single State, this Power being reserved exclusively to the States respectively.
No Law prohibiting or regulating the Domestic Institutions of the several States, including that of Persons held to Service or Labour, this Matter being reserved exclusively to the States respectively, except where the Constitution expressly permits; provided, however, that this Reservation shall not apply to any State in open Rebellion against the Authority of the United States, as declared by a two-thirds vote of both Houses of Congress.
No Person, being a Representative or Senator in Congress, who shall have engaged in Insurrection or Rebellion against the United States, or given Aid or Comfort to the Enemies thereof, or who shall be a Resident of any State declared to be in Rebellion by both Houses of Congress, shall be deemed a Member of their respective House. Such Person shall enjoy no Immunities, Protections, Privileges, or Voting Rights pertaining to said Office, nor shall they be permitted to enter the Chambers of Congress or any other Place wherein the Business of Government is conducted. The Seat of such Person shall be declared vacant, and a Writ of Election shall be issued forthwith to fill the same, unless the Term of said Office shall sooner expire. This Disqualification may be removed by a vote of seven-tenths of each House of Congress, or, in the case of a Person disqualified solely by virtue of Residence in a State declared to be in Rebellion, upon the Rescission of such Declaration of Rebellion by a Majority vote of both Houses of Congress.