US Capitol Building, Washington, DC

When you think of the Constitution, you might think of a complex, hard-to-understand, stuffy old law. In reality, it is fairly straightforward without a lot of the legal jargon that is made in today’s contracts. However, parts of it can be more difficult to understand. This is the first of a four-part series where we will attempt to simplify the Constitution. That way it is not only easier for us to understand, but also to teach. 

You can access part 2 about the Presidency, here.

You can access part 3 about the Judiciary, here.

You can access part 4, Articles 4-7, here.

Understanding Article 1 of the U.S. Constitution:
A Simple Guide to the Legislative Branch

The Constitution of the United States is the most important document of American law. It lays out the principles and framework for our government. It gives the reasoning behind their structure and the limits on their powers. Today, let’s take a closer look at Article 1, which focuses mainly on the Legislative Branch of government. 

What is the Legislative Branch?

The Legislative Branch is one of the three branches of the U.S. government. The main job of the Legislative Branch is to make laws. (To legislate means “to make laws.”) This branch is made up of two parts: the Senate and the House of Representatives.The other two branches of the US Federal Government are the Executive Branch, which is headed by the President, and the Judicial Branch, which interprets the laws. 

The Structure of Congress

Together, the Senate and the House of Representatives are called Congress.

  1. The Senate:

    • The Senate has 100 members, known as Senators. Each state sends two Senators to represent them, no matter how big or small the state is.

    • Senators must be at least 30 years old, have been a U.S. citizen for at least nine years, and live in the state they represent.

    • Senators serve six-year terms, and there are no limits on how many times they can be re-elected.

  2. The House of Representatives:

    • The House currently has 435 members, known as Representatives. The number of Representatives from each state depends on the state’s population. States with more people have more Representatives.

    • Representatives must be at least 25 years old, have been a U.S. citizen for at least seven years, and live in the state they represent.

    • They serve two-year terms and can also be re-elected as many times as they want.

Powers of Congress

Article 1 gives Congress a variety of powers to help them govern the country. Here are some important powers and responsibilities Congress has:

  1. Making Laws: The most important job of Congress is to create laws. A proposed law is called a bill. Both the Senate and the House must agree on a bill before it can become law.

  2. Taxation: Congress has the power to collect taxes. This money is used to pay for government services, such as schools, roads, and the military.

  3. Regulating Commerce: Congress manages trade between states and with other countries. This means they can set rules on buying and selling between different places.

  4. Declaring War: Only Congress has the power to declare war. This is an essential check on the President’s authority, ensuring that the decision to go to war involves both branches of government.

  5. Establishing Post Offices: Congress can create and manage post offices. This is how we send and receive mail across long distances.

  6. Coining Money: Congress has the power to produce and manage the nation’s currency. This includes creating coins and paper money.

Checks and Balances

One of the key ideas in the Constitution is the concept of checks and balances. Checking means to stop something or slow it down. So, this means that each branch of government can check the activities of the others to ensure that no one branch gets too powerful.

For example, while Congress makes laws, the President can veto a bill if he or she does not agree with it. However, if Congress feels strongly about the bill, they can override the veto with a two-thirds majority in both houses.

How a Bill Becomes a Law

Article 1 also describes the process of how a bill becomes a law of the land. This process is designed to be thorough. Here’s a simple overview of the steps:

  1. Introduction: A bill is introduced in either the House or the Senate.

  2. Committee Review: The bill then goes to a committee made up of members of Congress, who review it and suggest changes.

  3. Debate: Once the committee approves the bill, it goes back to the whole House or Senate, where it is debated. Members can discuss its pros and cons.

  4. Voting: After the debate, the members vote on the bill. If it passes in one house, it goes to the other house for the same process.

  5. Presidential Approval: If both the Senate and the House approve the bill, it is sent to the President. The President can sign it into law or veto it.

  6. Overriding a Veto: If the President vetoes the bill, Congress can still make it a law if enough members of both the Senate and the House vote to override the veto.

The Importance of Representation

Article 1 emphasizes the importance of representation in government. By having two different chambers (the Senate and the House), the Constitution ensures that both individual states and the general population each have a voice in governance.

  • In the Senate, small states have the same power as large states, which helps ensure that less populous states are not ignored.

  • In the House, representation is based on population, allowing more people to have their voices heard in areas where the population is denser.

This structure helps provide balance and ideally ensures that the interests of all Americans are considered in the lawmaking process.

Conclusion

The Constitution was written to provide a framework and limits to government that We the People all agreed upon. Article 1 laid the foundation for a government that would be comprised of people elected by the people. This section of the Constitution describes how congress is structured, the powers and responsibilities it holds and the process for making laws.

It is important for every American to understand Article 1 of the Constitution. It shows how you are involved in government through the voice of your vote. Remember, the Constitution is a living document, which means it can be amended or changed over time, but its core principles remain essential for American democracy. In fact, it has only been updated 27 times in the last 200+ years of it’s existence. Read this article about the Constitution‘s resiliency to learn more about that.

We will be talking about Article 2, next. We hope that you now have a better understanding of Article 1 and the role of Congress in the U.S. government!