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  • The idea here is to ensure that the president can't abuse his powers by arresting or jailing legislators who disagree with him.

SECTION 6

CLAUSE TWO

SECTION 7

CLAUSE 1

SECTION 7

CLAUSE THREE

SECTION 8

CLAUSE 1

SECTION 8

CLAUSE TWO

ARTICLE 1

BY

BRIA CONNER

&

TRENT LEE

Section 6 Clause One

THE

COMPENSATION

CLAUSE

  • First, congressmen get paid by the government, at a salary they set themselves.
  • Second, congressmen have "legislative immunity"; that is, they cannot be charged with a crime for anything they say in Congress, and they cannot be arrested or harassed by the police unless they have committed crimes or other serious treason.

CLAUSE TWO

  • People serving in office in either executive or judicial branches of the US government cannot also simultaneously serve in Congress, and vice versa
  • The idea here is to ensure the separation of powers between the three branches of government.
  • A member of Congress can't resign from his seat in order to take another government job if that job has had its salary increased during his term.
  • That rule is designed to prevent corruption, making it impossible for a congressman to vote in favor of a pay raise for a certain executive office, then move into that office himself.

CLAUSE 1

  • All tax and tariff legislation must originate in the House of Representatives
  • In modern practice, this requirement isn't very significant.
  • The Senate retains its normal power to amend any bill sent to it from the House.

SECTION 7

CLAUSE TWO

CLAUSE 2

THE PRESENTMENT CLAUSE AND/OR LAWMAKING CLAUSE

  • This clause is identified as the presentment clause.

  • It was often debated during the Founding, but the discussions generally focused on issues not relevant to current interpretive controversies.

  • With some justification, one might call the provision the Lawmaking Clause.
  • It's commonly viewed as a provision that protects the President's veto power, an association reinforced by the clause's name.

  • It prescribes the exclusive method for passing federal statutes, indicating that all bills must pass both Houses of Congress and be subject to the President's veto.

CLAUSE 2

  • Clause two basically explains how a bill becomes a law.
  • Or, if the president simply does nothing, the bill becomes law without his signature after ten days.
  • Both houses of Congress have to pass it, then send it to the president.
  • If the president signs it, it becomes law. If the president vetoes it, it goes back to Congress, where a two-thirds vote can override his veto.
  • Joint resolutions of Congress are special measures passed under special circumstances, unlike regular bills of law
  • They're still supposed to be sent to the president for his signature,
  • However; a joint resolution signed by the president has the force of law
  • A simple resolution of Congress not sent to the president for his signature does not have the force of law.
  • The very first power given to Congress by the Constitutionis the power to tax.
  • Money is power, and in the governmental structure created by the Constitution, Congress—not the president—controls the money.
  • Congress also has the power to levy tariffs (taxes on imported goods) but it's not allowed to charge more for imports into one state than into another.
  • The Framers of the Constitution probably put the tax power first on the list of Congress's enumerated powers because they were acutely aware that one of the biggest problems of the old Articles of Confederation was that its version of Congress did not have the power to tax, and thus didn't have the power to do much of anything at all.

CLAUSE ONE

SECTION 8

CLAUSE TWO

  • Congress is allowed to go into debt to pay for government programs and services
  • Deficit spending by the government was fairly rare in peacetime through much of American history, but has been quite common in recent decades

SECTION 8

CLAUSE 3

  • This "interstate commerce clause" has been quite controversial in the history of constitutional law
  • Congress has the power to impose regulations on interstate and international business.

CLAUSE THREE

  • For a long time, judges tended to read the clause narrowly, overturning federal laws they deemed focused mainly on regulating economic activity within states rather than between them
  • Since the 1930s, however, judges have tended to read the clause broadly, allowing the government to regulate all kinds of economic activity—by setting a national minimum wage, for example.

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