Article One of the United States Constitution 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 and the ability to pass laws "necessary and proper" to carry out those powers. Article One also establishes the procedures for passing a bill and places various limits on the powers of Congress and the states.
Article One's Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the Vesting Clauses of Article Two and Article Three, the Vesting Clause of Article One establishes the separation of powers among the three branches of the federal government. Section 2 of Article One addresses the House of Representatives, establishing that members of the House are elected every two years, with congressional seats apportioned to the states based on population. Section 2 includes various rules for the House of Representatives, including a provision stating that individuals qualified to vote in elections for the largest chamber of their state's legislature have the right to vote in elections for the House of Representatives. Section 3 addresses the Senate, establishing that the Senate consists of two senators from each state, with each senator serving a six-year term. Section 3 originally required that the state legislatures elect the members of the Senate, but the Seventeenth Amendment, ratified in 1913, provides for the direct election of senators. Section 3 lays out various other rules for the Senate, including a provision that establishes the Vice President of the United States as the president of the Senate.
Section 4 of Article One grants the states the power to regulate the congressional election process but establishes that Congress can alter those regulations or make its own regulations. Section 4 also requires Congress to assemble at least once per year. Section 5 lays out various rules for both houses of Congress and grants the House of Representatives and the Senate the power to judge their own elections, determine the qualifications of their own members, and punish or expel their own members. Section 6 establishes the compensation, privileges, and restrictions of those holding congressional office. Section 7 lays out the procedures for passing a bill, requiring both houses of Congress to pass a bill for it to become law, subject to the veto power of the President of the United States. Under Section 7, the president can veto a bill, but Congress can override the president's veto with a two-thirds vote of both chambers.
Section 8 lays out the powers of Congress. It includes several enumerated powers, including the power to lay and collect taxes and tariffs for the "general welfare" of the United States, the power to borrow money, the power to regulate interstate and international commerce, the power to set naturalization laws, the power to coin and regulate money, the power to establish federal courts inferior to the Supreme Court, the power to raise and support military forces, and the power to declare war. Section 8 also provides Congress the power to establish a federal district to serve as the national capital and gives Congress the exclusive power to administer that district. In addition to various enumerated powers, Section 8 grants Congress the power to make necessary and proper laws to carry out its enumerated powers and other powers. Section 9 places various limits on the power of Congress, banning bills of attainder and other practices. Section 10 places limits on the states, prohibiting them from entering into alliances with foreign powers, impairing contracts, taxing imports or exports above the minimum level necessary for inspection, keeping armies, or engaging in war without the consent of Congress.
Article One's Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the Vesting Clauses of Article Two and Article Three, the Vesting Clause of Article One establishes the separation of powers among the three branches of the federal government. Section 2 of Article One addresses the House of Representatives, establishing that members of the House are elected every two years, with congressional seats apportioned to the states based on population. Section 2 includes various rules for the House of Representatives, including a provision stating that individuals qualified to vote in elections for the largest chamber of their state's legislature have the right to vote in elections for the House of Representatives. Section 3 addresses the Senate, establishing that the Senate consists of two senators from each state, with each senator serving a six-year term. Section 3 originally required that the state legislatures elect the members of the Senate, but the Seventeenth Amendment, ratified in 1913, provides for the direct election of senators. Section 3 lays out various other rules for the Senate, including a provision that establishes the Vice President of the United States as the president of the Senate.
Section 4 of Article One grants the states the power to regulate the congressional election process but establishes that Congress can alter those regulations or make its own regulations. Section 4 also requires Congress to assemble at least once per year. Section 5 lays out various rules for both houses of Congress and grants the House of Representatives and the Senate the power to judge their own elections, determine the qualifications of their own members, and punish or expel their own members. Section 6 establishes the compensation, privileges, and restrictions of those holding congressional office. Section 7 lays out the procedures for passing a bill, requiring both houses of Congress to pass a bill for it to become law, subject to the veto power of the President of the United States. Under Section 7, the president can veto a bill, but Congress can override the president's veto with a two-thirds vote of both chambers.
Section 8 lays out the powers of Congress. It includes several enumerated powers, including the power to lay and collect taxes and tariffs for the "general welfare" of the United States, the power to borrow money, the power to regulate interstate and international commerce, the power to set naturalization laws, the power to coin and regulate money, the power to establish federal courts inferior to the Supreme Court, the power to raise and support military forces, and the power to declare war. Section 8 also provides Congress the power to establish a federal district to serve as the national capital and gives Congress the exclusive power to administer that district. In addition to various enumerated powers, Section 8 grants Congress the power to make necessary and proper laws to carry out its enumerated powers and other powers. Section 9 places various limits on the power of Congress, banning bills of attainder and other practices. Section 10 places limits on the states, prohibiting them from entering into alliances with foreign powers, impairing contracts, taxing imports or exports above the minimum level necessary for inspection, keeping armies, or engaging in war without the consent of Congress.
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.
Section 1 is a vesting clause that bestows federal legislative power exclusively to Congress. Similar clauses are found in Articles II and III. The former confers executive power upon the President alone, and the latter grants judicial power solely to the federal judiciary. These three articles create a separation of powers among the three branches of the federal government. This separation of powers, by which each department may exercise only its own constitutional powers and no others, is fundamental to the idea of a limited government accountable to the people.
The Constitution declares that Congress may exercise only those legislative powers "herein granted" within Article I (as later limited by the Tenth Amendment). By implied extension, it also prohibits Congress from delegating its legislative authority to either of the other branches of government, a rule known as the nondelegation doctrine. However, the Supreme Court has ruled that Congress does have the latitude to delegate regulatory powers to executive agencies as long as it provides an "intelligible principle" which governs the agency's exercise of the delegated regulatory authority. That the power assigned to each branch must remain with that branch and may be expressed only by that branch, is central to the theory. The non-delegation doctrine is primarily used now as a way of interpreting a congressional delegation of authority narrowly, in that the courts presume Congress intended only to delegate that which it certainly could have unless it clearly demonstrates it intended to "test the waters" of what the courts would allow it to do.
Section 1 is a vesting clause that bestows federal legislative power exclusively to Congress. Similar clauses are found in Articles II and III. The former confers executive power upon the President alone, and the latter grants judicial power solely to the federal judiciary. These three articles create a separation of powers among the three branches of the federal government. This separation of powers, by which each department may exercise only its own constitutional powers and no others, is fundamental to the idea of a limited government accountable to the people.
The Constitution declares that Congress may exercise only those legislative powers "herein granted" within Article I (as later limited by the Tenth Amendment). By implied extension, it also prohibits Congress from delegating its legislative authority to either of the other branches of government, a rule known as the nondelegation doctrine. However, the Supreme Court has ruled that Congress does have the latitude to delegate regulatory powers to executive agencies as long as it provides an "intelligible principle" which governs the agency's exercise of the delegated regulatory authority. That the power assigned to each branch must remain with that branch and may be expressed only by that branch, is central to the theory. The non-delegation doctrine is primarily used now as a way of interpreting a congressional delegation of authority narrowly, in that the courts presume Congress intended only to delegate that which it certainly could have unless it clearly demonstrates it intended to "test the waters" of what the courts would allow it to do.
Although not specifically mentioned in the Constitution, Congress has also long asserted the power to investigate and the power to compel cooperation with an investigation. The Supreme Court has affirmed these powers as an implication of Congress's power to legislate. Since the power to investigate is an aspect of Congress's power to legislate, it is as broad as Congress's powers to legislate. However, it is also limited to inquiries that are "in aid of the legislative function;" Congress may not "expose for the sake of exposure." It is uncontroversial that a proper subject of Congress's investigation power is the operations of the federal government, but Congress's ability to compel the submission of documents or testimony from the President or his subordinates is often discussed and sometimes controversial (see executive privilege), although not often litigated. As a practical matter, the limitation of Congress's ability to investigate only for a proper purpose ("in aid of" its legislative powers) functions as a limit on Congress's ability to investigate the private affairs of individual citizens; matters that simply 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 highly deferential to Congress's exercise of its investigation powers, however. Congress has the power to investigate that which it could regulate, and the courts have interpreted Congress's regulatory powers broadly since the Great Depression.
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.
Section Two provides for the election of the House of Representatives every second year. Since Representatives are to be "chosen... by the People," State Governors are not allowed to appoint temporary replacements when vacancies occur in a state's delegation to the House of Representatives; instead, the Governor of the state is required by clause 4 to issue a writ of election calling a special election to fill the vacancy.
At the time of its creation, the Constitution did not explicitly give citizens an inherent right to vote. However, by stipulating that those qualified to vote in elections for the largest chamber of a state's legislature could vote in Congressional (House of Representatives) elections the Framers expressed a rather explicit intent that the House was to be directly elected. Since the Civil War, several constitutional amendments have been enacted that have curbed the states' broad powers to set voter qualification standards. Though never enforced, clause 2 of the Fourteenth Amendment provides that "when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State." The Fifteenth Amendment prohibits the denial of the right to vote based on race, color, or previous condition of servitude. The Nineteenth Amendment prohibits the denial of the right to vote based on sex. The Twenty-fourth Amendment prohibits the revocation of voting rights due to the non-payment of a poll tax. The Twenty-sixth Amendment prohibits the denial of the right of US citizens, eighteen years of age or older, to vote on account of age.
Moreover, since the Supreme Court has recognized voting as a fundamental right, the Equal Protection Clause places very tight limitations (albeit with uncertain limits) on the states' ability to define voter qualifications; it is fair to say that qualifications beyond citizenship, residency, and age are usually questionable.
In the 1960s, the Supreme Court started to view voting as a fundamental right covered by the Equal Protection Clause of the Fourteenth Amendment. In a dissenting opinion of a 1964 Supreme Court case involving reapportionment in the Alabama state legislature, Associate Justice John Marshall Harlan II included Minor in a list of past decisions about voting and apportionment which were no longer being followed.
In Oregon v. Mitchell (1970), the Supreme Court held that the Qualifications clause did not prevent Congress from overriding state-imposed minimum age restrictions for voters in Congressional elections.
Since clause 3 provides that Members of the House of Representatives are apportioned state-by-state and that each state is guaranteed at least one Representative, exact population equality between all districts is not guaranteed and, in fact, is currently impossible, because while the size of the House of Representatives is fixed at 435, several states had less than 1/435 of the national population at the time of the last reapportionment in 2010. However, the Supreme Court has interpreted the provision of Clause One that Representatives shall be elected "by the People" to mean that, in those states with more than one member of the House of Representatives, each congressional election district within the state must have nearly identical populations.
Section Two provides for the election of the House of Representatives every second year. Since Representatives are to be "chosen... by the People," State Governors are not allowed to appoint temporary replacements when vacancies occur in a state's delegation to the House of Representatives; instead, the Governor of the state is required by clause 4 to issue a writ of election calling a special election to fill the vacancy.
At the time of its creation, the Constitution did not explicitly give citizens an inherent right to vote. However, by stipulating that those qualified to vote in elections for the largest chamber of a state's legislature could vote in Congressional (House of Representatives) elections the Framers expressed a rather explicit intent that the House was to be directly elected. Since the Civil War, several constitutional amendments have been enacted that have curbed the states' broad powers to set voter qualification standards. Though never enforced, clause 2 of the Fourteenth Amendment provides that "when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State." The Fifteenth Amendment prohibits the denial of the right to vote based on race, color, or previous condition of servitude. The Nineteenth Amendment prohibits the denial of the right to vote based on sex. The Twenty-fourth Amendment prohibits the revocation of voting rights due to the non-payment of a poll tax. The Twenty-sixth Amendment prohibits the denial of the right of US citizens, eighteen years of age or older, to vote on account of age.
Moreover, since the Supreme Court has recognized voting as a fundamental right, the Equal Protection Clause places very tight limitations (albeit with uncertain limits) on the states' ability to define voter qualifications; it is fair to say that qualifications beyond citizenship, residency, and age are usually questionable.
In the 1960s, the Supreme Court started to view voting as a fundamental right covered by the Equal Protection Clause of the Fourteenth Amendment. In a dissenting opinion of a 1964 Supreme Court case involving reapportionment in the Alabama state legislature, Associate Justice John Marshall Harlan II included Minor in a list of past decisions about voting and apportionment which were no longer being followed.
In Oregon v. Mitchell (1970), the Supreme Court held that the Qualifications clause did not prevent Congress from overriding state-imposed minimum age restrictions for voters in Congressional elections.
Since clause 3 provides that Members of the House of Representatives are apportioned state-by-state and that each state is guaranteed at least one Representative, exact population equality between all districts is not guaranteed and, in fact, is currently impossible, because while the size of the House of Representatives is fixed at 435, several states had less than 1/435 of the national population at the time of the last reapportionment in 2010. However, the Supreme Court has interpreted the provision of Clause One that Representatives shall be elected "by the People" to mean that, in those states with more than one member of the House of Representatives, each congressional election district within the state must have nearly identical populations.
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.
The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a citizen of the United States for the previous seven years. 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.
The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a house of Congress exercising its Section 5 authority to "judge...the...qualifications of its own members" or by a state in the exercise of its Section 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives." The Supreme Court, as well as other federal courts, have repeatedly barred states from additional restrictions, such as imposing term limits on members of Congress, allowing members of Congress to be subject to recall elections, or requiring that Representatives live in the congressional district in which they represent. A 2002 Congressional Research Service report also found that no state could implement a qualification that a Representative is not a convicted felon or incarcerated.
However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be.
Finally, although the U.S. Constitution places no restrictions on state or local officeholders simultaneously holding federal office, most state constitutions today effectively ban state and local office holders from also holding federal office at the same time by prohibiting federal office holders from also holding state and local office. Unlike other state-mandated restrictions, these sorts of prohibitions is constitutional as long they are enforced purely at the state level (i.e. against active federal office holders seeking to obtain or hold a state or local office).
The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of the state in which he or she is elected, and must have been a citizen of the United States for the previous seven years. 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.
The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a house of Congress exercising its Section 5 authority to "judge...the...qualifications of its own members" or by a state in the exercise of its Section 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives." The Supreme Court, as well as other federal courts, have repeatedly barred states from additional restrictions, such as imposing term limits on members of Congress, allowing members of Congress to be subject to recall elections, or requiring that Representatives live in the congressional district in which they represent. A 2002 Congressional Research Service report also found that no state could implement a qualification that a Representative is not a convicted felon or incarcerated.
However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be.
Finally, although the U.S. Constitution places no restrictions on state or local officeholders simultaneously holding federal office, most state constitutions today effectively ban state and local office holders from also holding federal office at the same time by prohibiting federal office holders from also holding state and local office. Unlike other state-mandated restrictions, these sorts of prohibitions is constitutional as long they are enforced purely at the state level (i.e. against active federal office holders seeking to obtain or hold a state or local office).
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 choose 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.
After much debate, the framers of the Constitution decided to make population the basis of apportioning the seats in the House of Representatives and the tax liability among the states. To facilitate this, the Constitution mandates that a census be conducted every ten years to determine the population of each state and of the nation as a whole and establishes a rule for who shall be counted or excluded from the count. As the new form of government would become operational before the completion of a national census, the Constitution also provides for a temporary apportionment of seats.
Originally, the population of each state and of the nation as a whole was ascertained by adding to the whole number of free Persons, three-fifths the number of all other Persons (i.e., slaves), but excluding non-taxed Native Americans. This Constitutional rule, known as the three-fifths compromise, was a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes and for the apportionment of seats in the House of Representatives and of taxes among the states. It was, according to Supreme Court Justice Joseph Story (writing in 1833), a "matter of compromise and concession, confessedly unequal in its operation, but a necessary sacrifice to that spirit of conciliation, which was indispensable to the union of states having a great diversity of interests, and physical condition, and political institutions".
Following the completion of each census, Congress is empowered to use the aggregate population in all the states (according to the prevailing Constitutional rule for determining population) to determine the relative population of each state to the population of the whole, and, based on its calculations, to establish the appropriate size of the House and to allocate a particular number of representatives to each state according to its share of the national population.
Since the enactment of the Reapportionment Act of 1929, a constant 435 House seats have been apportioned among the states according to each census, and determining the size of the House is not presently part of the apportionment process. With one exception, the apportionment of 1842, the House of Representatives had been enlarged by various degrees from sixty-five members in 1788 to 435 members by 1913. The determination of size was made based on the aggregate national population, so long as the size of the House did not exceed 1 member for every 30,000 of the country's total population nor the size of any state's delegation exceed 1 for every 30,000 of that state's population. With the size of the House still fixed at 435, the current ratio, as of the 2010 Census, is around 1 Representative: 700,000 Persons.
Although the first sentence in this clause originally concerned the apportionment of House seats and taxes among the several states, the Fourteenth Amendment that replaced it in 1868 mentioned only the apportionment of House seats. Even so, the constraint placed upon Congress's taxation power remained, as the restriction was reiterated in Article 1 Section 9 Clause 4. The amount of direct taxes that could be collected by the federal government from the people in any State would still be tied directly to that state's share of the national population.
Due to this restriction, application of the income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found to be unconstitutional because it was not apportioned among the states; that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected because Congress had not fixed an amount of money to be raised and apportioned it between the States according to their respective shares of the national population. To permit the levying of such an income tax, Congress proposed, and the states ratified the Sixteenth Amendment, which removed the restriction by specifically providing that Congress could levy an income tax "from whatever source derived" without it being apportioned among the States or otherwise based on a state's share of the national population.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
Section two, Clause four, provides that when vacancies occur in the House of Representatives, it is not the job of the House of Representatives to arrange for a replacement, but the job of the State whose vacant seat is up for refilling. Moreover, the State Governor may not appoint a temporary replacement, but must instead arrange for a special election to fill the vacancy. The original qualifications and procedures for holding that election are still valid.
After much debate, the framers of the Constitution decided to make population the basis of apportioning the seats in the House of Representatives and the tax liability among the states. To facilitate this, the Constitution mandates that a census be conducted every ten years to determine the population of each state and of the nation as a whole and establishes a rule for who shall be counted or excluded from the count. As the new form of government would become operational before the completion of a national census, the Constitution also provides for a temporary apportionment of seats.
Originally, the population of each state and of the nation as a whole was ascertained by adding to the whole number of free Persons, three-fifths the number of all other Persons (i.e., slaves), but excluding non-taxed Native Americans. This Constitutional rule, known as the three-fifths compromise, was a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes and for the apportionment of seats in the House of Representatives and of taxes among the states. It was, according to Supreme Court Justice Joseph Story (writing in 1833), a "matter of compromise and concession, confessedly unequal in its operation, but a necessary sacrifice to that spirit of conciliation, which was indispensable to the union of states having a great diversity of interests, and physical condition, and political institutions".
Following the completion of each census, Congress is empowered to use the aggregate population in all the states (according to the prevailing Constitutional rule for determining population) to determine the relative population of each state to the population of the whole, and, based on its calculations, to establish the appropriate size of the House and to allocate a particular number of representatives to each state according to its share of the national population.
Since the enactment of the Reapportionment Act of 1929, a constant 435 House seats have been apportioned among the states according to each census, and determining the size of the House is not presently part of the apportionment process. With one exception, the apportionment of 1842, the House of Representatives had been enlarged by various degrees from sixty-five members in 1788 to 435 members by 1913. The determination of size was made based on the aggregate national population, so long as the size of the House did not exceed 1 member for every 30,000 of the country's total population nor the size of any state's delegation exceed 1 for every 30,000 of that state's population. With the size of the House still fixed at 435, the current ratio, as of the 2010 Census, is around 1 Representative: 700,000 Persons.
Although the first sentence in this clause originally concerned the apportionment of House seats and taxes among the several states, the Fourteenth Amendment that replaced it in 1868 mentioned only the apportionment of House seats. Even so, the constraint placed upon Congress's taxation power remained, as the restriction was reiterated in Article 1 Section 9 Clause 4. The amount of direct taxes that could be collected by the federal government from the people in any State would still be tied directly to that state's share of the national population.
Due to this restriction, application of the income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found to be unconstitutional because it was not apportioned among the states; that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected because Congress had not fixed an amount of money to be raised and apportioned it between the States according to their respective shares of the national population. To permit the levying of such an income tax, Congress proposed, and the states ratified the Sixteenth Amendment, which removed the restriction by specifically providing that Congress could levy an income tax "from whatever source derived" without it being apportioned among the States or otherwise based on a state's share of the national population.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
Section two, Clause four, provides that when vacancies occur in the House of Representatives, it is not the job of the House of Representatives to arrange for a replacement, but the job of the State whose vacant seat is up for refilling. Moreover, the State Governor may not appoint a temporary replacement, but must instead arrange for a special election to fill the vacancy. The original qualifications and procedures for holding that election are still valid.
The House of Representatives shall choose its Speaker and other Officers and shall have the sole Power of Impeachment.
Section Two further provides that the House of Representatives may choose its Speaker and its other officers. Though the Constitution does not mandate it, every Speaker has been a member of the House of Representatives. The Speaker rarely presides over routine House sessions, choosing instead to deputize a junior member to accomplish the task.
Finally, Section Two grants to the House of Representatives the sole power of impeachment. Although the Supreme Court has not had an occasion to interpret this specific provision, the Court has suggested that the grant to the House of the "sole" power of impeachment makes the House the exclusive interpreter of what constitutes an impeachable offense.
This power, which is analogous to bringing criminal charges by a grand jury, has been used only rarely. The House has begun impeachment proceedings 62 times since 1789, and twenty federal officials have been formally impeached as a result, including three Presidents (Andrew Johnson, Bill Clinton, and Donald Trump), one Cabinet Secretary (William W. Belknap), one Senator (William Blount), one Supreme Court Associate Justice (Samuel Chase), and fourteen federal judges. Also, notably, impeachment proceedings compelled the resignation of President Richard Nixon.
The Constitution does not specify how impeachment proceedings are to be initiated. Until the early 20th century, a House member could rise and propose an impeachment, which would then be assigned to a committee for investigation upon a formal resolution vote of the judicial committee. Presently, the House Judiciary Committee initiates the process and then, after investigating the allegations, prepares recommendations for the whole House's consideration. If the House votes to adopt an impeachment resolution, the Chairman of the Judiciary Committee recommends a slate of "managers," whom the House subsequently approves by resolution. These Representatives subsequently become the prosecution team in the impeachment trial in the Senate (see Section 3, Clause 6 below).
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 first Clause of Section Three provides that each state is entitled to have two Senators, who would be elected by its state legislature (now by the people of each state), serve for staggered six-year terms, and have one vote each. By these provisions, the framers of the Constitution intended to protect the interests of the states as states. This clause has been superseded by the Seventeenth Amendment, ratified in 1913, which, in part, provides as amended, that
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.
Article Five specifies the means by which the Constitution of the United States can be amended. It ends by temporarily shielding three Article I clauses from being amended. This clause is among them. (The others are the first and fourth clauses in Section 9.) Article Five provides that "no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." Thus, no individual state may have its individual representation in the Senate adjusted without its consent. That is to say, an amendment that changed this clause to provide that all states would get only one Senator (or three Senators, or any other number) could become valid as part of the Constitution if ratified by three-fourths of the states; however, one that provided for some basis of representation other than strict numerical equality (for example, population, wealth, or land area), would require the unanimous consent of all the states.
Denying the states their intended role as joint partners in the federal government by abolishing their equality in the Senate would, according to Chief Justice Salmon P. Chase (in Texas v. White), destroy the grounding of the Union. This Article V provision has been employed by those opposed to contemplated constitutional amendments that would grant the District of Columbia full representation in Congress without also granting it statehood. They argue that an amendment allowing a non-state district to have two Senators would deprive the states of their equal suffrage in the Senate and would therefore require unanimous ratification by all the states. Those in favor of the amendment have argued that the States are merely entitled to equal suffrage amongst one another and that granting the federal district Senate representation does not violate that right. Whether unanimous consent of the 50 states would be required for such an amendment to become operative remains an unanswered political question.
Section Two further provides that the House of Representatives may choose its Speaker and its other officers. Though the Constitution does not mandate it, every Speaker has been a member of the House of Representatives. The Speaker rarely presides over routine House sessions, choosing instead to deputize a junior member to accomplish the task.
Finally, Section Two grants to the House of Representatives the sole power of impeachment. Although the Supreme Court has not had an occasion to interpret this specific provision, the Court has suggested that the grant to the House of the "sole" power of impeachment makes the House the exclusive interpreter of what constitutes an impeachable offense.
This power, which is analogous to bringing criminal charges by a grand jury, has been used only rarely. The House has begun impeachment proceedings 62 times since 1789, and twenty federal officials have been formally impeached as a result, including three Presidents (Andrew Johnson, Bill Clinton, and Donald Trump), one Cabinet Secretary (William W. Belknap), one Senator (William Blount), one Supreme Court Associate Justice (Samuel Chase), and fourteen federal judges. Also, notably, impeachment proceedings compelled the resignation of President Richard Nixon.
The Constitution does not specify how impeachment proceedings are to be initiated. Until the early 20th century, a House member could rise and propose an impeachment, which would then be assigned to a committee for investigation upon a formal resolution vote of the judicial committee. Presently, the House Judiciary Committee initiates the process and then, after investigating the allegations, prepares recommendations for the whole House's consideration. If the House votes to adopt an impeachment resolution, the Chairman of the Judiciary Committee recommends a slate of "managers," whom the House subsequently approves by resolution. These Representatives subsequently become the prosecution team in the impeachment trial in the Senate (see Section 3, Clause 6 below).
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 first Clause of Section Three provides that each state is entitled to have two Senators, who would be elected by its state legislature (now by the people of each state), serve for staggered six-year terms, and have one vote each. By these provisions, the framers of the Constitution intended to protect the interests of the states as states. This clause has been superseded by the Seventeenth Amendment, ratified in 1913, which, in part, provides as amended, that
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote.
Article Five specifies the means by which the Constitution of the United States can be amended. It ends by temporarily shielding three Article I clauses from being amended. This clause is among them. (The others are the first and fourth clauses in Section 9.) Article Five provides that "no State, without its Consent, shall be deprived of its equal Suffrage in the Senate." Thus, no individual state may have its individual representation in the Senate adjusted without its consent. That is to say, an amendment that changed this clause to provide that all states would get only one Senator (or three Senators, or any other number) could become valid as part of the Constitution if ratified by three-fourths of the states; however, one that provided for some basis of representation other than strict numerical equality (for example, population, wealth, or land area), would require the unanimous consent of all the states.
Denying the states their intended role as joint partners in the federal government by abolishing their equality in the Senate would, according to Chief Justice Salmon P. Chase (in Texas v. White), destroy the grounding of the Union. This Article V provision has been employed by those opposed to contemplated constitutional amendments that would grant the District of Columbia full representation in Congress without also granting it statehood. They argue that an amendment allowing a non-state district to have two Senators would deprive the states of their equal suffrage in the Senate and would therefore require unanimous ratification by all the states. Those in favor of the amendment have argued that the States are merely entitled to equal suffrage amongst one another and that granting the federal district Senate representation does not violate that right. Whether unanimous consent of the 50 states would be required for such an amendment to become operative remains an unanswered political question.
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.
After the first group of Senators was elected to the First Congress (1789–1791), the Senators were divided into three "classes" as nearly equal in size as possible, as required by this section. This was done in May 1789 by lot. It was also decided that each state's Senators would be assigned to two different classes. Those Senators grouped in the first class had their terms expire after only two years; those Senators in the second class had their terms expire after only four years, instead of six. After this, all Senators from those States have been elected to six-year terms, and as new States joined the Union, their Senate seats have been assigned to two of the three classes, maintaining each grouping as nearly equal in size as possible. In this way, the election is staggered; approximately one-third of the Senate is up for re-election every two years, but the entire body is never up for re-election in the same year (as contrasted with the House, where its entire membership is up for re-election every 2 years).
As originally established, Senators were elected by the Legislature of the State they represented in the Senate. If a senator died, resigned, or was expelled, the legislature of the state would appoint a replacement to serve out the remainder of the senator's term. If the State Legislature was not in session, its Governor could appoint a temporary replacement to serve until the legislature could elect a permanent replacement. This was superseded by the Seventeenth Amendment, which provided for the Popular Election of Senators, instead of their appointment by the State Legislature. In a nod to the less populist nature of the Senate, the Amendment tracks the vacancy procedures for the House of Representatives in requiring that the Governor call a special election to fill the vacancy, but (unlike in the House) it vests in the State Legislature the authority to allow the Governor to appoint a temporary replacement until the special election is held. Note, however, that under the original Constitution, the Governors of the states were expressly allowed by the Constitution to make temporary appointments. The current system, under the Seventeenth Amendment, allows Governors to appoint a replacement only if their state legislature has previously decided to allow the Governor to do so; otherwise, the seat must remain vacant until the special election is held to fill the seat, as in the case of a vacancy in the House.
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.
A Senator must be at least 30 years of age, have been a United States citizen for at least nine years before being elected, and must reside in the State they will represent at the time of the election. The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a House of Congress exercising its Section. 5. authority to "Judge... the... Qualifications of its own Members," or by a state in the exercise of its Section. 4. authority to prescribe the "Times, Places and Manner of holding Elections for Senators and Representatives,"
After the first group of Senators was elected to the First Congress (1789–1791), the Senators were divided into three "classes" as nearly equal in size as possible, as required by this section. This was done in May 1789 by lot. It was also decided that each state's Senators would be assigned to two different classes. Those Senators grouped in the first class had their terms expire after only two years; those Senators in the second class had their terms expire after only four years, instead of six. After this, all Senators from those States have been elected to six-year terms, and as new States joined the Union, their Senate seats have been assigned to two of the three classes, maintaining each grouping as nearly equal in size as possible. In this way, the election is staggered; approximately one-third of the Senate is up for re-election every two years, but the entire body is never up for re-election in the same year (as contrasted with the House, where its entire membership is up for re-election every 2 years).
As originally established, Senators were elected by the Legislature of the State they represented in the Senate. If a senator died, resigned, or was expelled, the legislature of the state would appoint a replacement to serve out the remainder of the senator's term. If the State Legislature was not in session, its Governor could appoint a temporary replacement to serve until the legislature could elect a permanent replacement. This was superseded by the Seventeenth Amendment, which provided for the Popular Election of Senators, instead of their appointment by the State Legislature. In a nod to the less populist nature of the Senate, the Amendment tracks the vacancy procedures for the House of Representatives in requiring that the Governor call a special election to fill the vacancy, but (unlike in the House) it vests in the State Legislature the authority to allow the Governor to appoint a temporary replacement until the special election is held. Note, however, that under the original Constitution, the Governors of the states were expressly allowed by the Constitution to make temporary appointments. The current system, under the Seventeenth Amendment, allows Governors to appoint a replacement only if their state legislature has previously decided to allow the Governor to do so; otherwise, the seat must remain vacant until the special election is held to fill the seat, as in the case of a vacancy in the House.
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.
A Senator must be at least 30 years of age, have been a United States citizen for at least nine years before being elected, and must reside in the State they will represent at the time of the election. The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a House of Congress exercising its Section. 5. authority to "Judge... the... Qualifications of its own Members," or by a state in the exercise of its Section. 4. authority to prescribe the "Times, Places and Manner of holding Elections for Senators and Representatives,"
The Vice President of the United States shall be President of the Senate but shall have no Vote unless they are equally divided.
Section Three provides that the Vice President is the President of the Senate. Excepting the duty to receive the tally of electoral votes for President, this is the only regular responsibility assigned to the office of the Vice President by the Constitution. When serving in this capacity, the Vice President, who is not a member of the Senate, may cast tie-breaking votes. Early in the nation's history, Vice Presidents frequently presided over the Senate. In modern times, the Vice President usually does so only during ceremonial occasions or when a tie in the voting is anticipated. As of December 21, 2018, a tie-breaking vote has been cast 268 times.
The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States.
Clause five provides for a President pro tempore of the Senate, a Senator elected to the post by the Senate, to preside over the body when the Vice President is either absent or exercising the Office of the President.
Although the Constitutional text seems to suggest to the contrary, the Senate's current practice is to elect a full-time President pro tempore at the beginning of each Congress instead of making it a temporary office only existing during the Vice President's absence. Since World War II, the majority party's senior (longest serving) member has filled this position. As is true of the Speaker of the House, the Constitution does not require the President pro tempore to be a senator, but by convention, a senator is always chosen.
Section Three provides that the Vice President is the President of the Senate. Excepting the duty to receive the tally of electoral votes for President, this is the only regular responsibility assigned to the office of the Vice President by the Constitution. When serving in this capacity, the Vice President, who is not a member of the Senate, may cast tie-breaking votes. Early in the nation's history, Vice Presidents frequently presided over the Senate. In modern times, the Vice President usually does so only during ceremonial occasions or when a tie in the voting is anticipated. As of December 21, 2018, a tie-breaking vote has been cast 268 times.
The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of the President of the United States.
Clause five provides for a President pro tempore of the Senate, a Senator elected to the post by the Senate, to preside over the body when the Vice President is either absent or exercising the Office of the President.
Although the Constitutional text seems to suggest to the contrary, the Senate's current practice is to elect a full-time President pro tempore at the beginning of each Congress instead of making it a temporary office only existing during the Vice President's absence. Since World War II, the majority party's senior (longest serving) member has filled this position. As is true of the Speaker of the House, the Constitution does not require the President pro tempore to be a senator, but by convention, a senator is always chosen.
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 Six grants to the Senate the sole power to try impeachments and spells out the basic procedures for impeachment trials. The Supreme Court has interpreted this clause to mean that the Senate has exclusive and unreviewable authority to determine what constitutes an adequate impeachment trial. Of the nineteen federal officials formally impeached by the House of Representatives, three resigned (meaning proceedings were dismissed), seven were acquitted, and eight (all judges) were convicted by the Senate. On one occasion (in the case of Senator William Blount in 1797) the Senate declined to hold a trial, asserting that it had no jurisdiction over its own members; in any case, Blount had already been expelled from the Senate.
The impeachment trial of President Clinton in 1999, with Chief Justice William Rehnquist presiding constitution's framers vested the Senate with this power for several reasons. First, they believed Senators would be better educated, more virtuous, and more high-minded than Members of the House of Representatives and thus uniquely able to decide responsibly the most difficult of political questions. Second, they believed that the Senate, being a numerous body, would be well suited to handle the procedural demands of an impeachment trial, in which it, unlike judges and the judiciary system, would "never be tied down by such strict rules, either in the delineation of the offense by the prosecutor, or in the construction of it by judges, as in the common cases serve to limit the discretion of courts in favor of personal security." (Alexander Hamilton, The Federalist No. 65).
There are three Constitutionally mandated requirements for impeachment trials. The provision that Senators must sit on oath or affirmation was designed to impress upon them the extreme seriousness of the occasion. The stipulation that the Chief Justice is to preside over presidential impeachment trials underscores the solemnity of the occasion and aims to avoid the conflict of interest of a Vice President presiding over the proceeding for the removal of the one official standing between them and the presidency. The latter consideration was regarded to be quite important in the eighteenth century - political parties had not yet formed when the Constitution was adopted, and with the original method of electing the President and Vice President, it was presumed that the two people elected to those offices would frequently be political rivals. The specification that a two-thirds super-majority vote of those Senators present in order to convict was also thought necessary to facilitate serious deliberation and to make removal possible only through a consensus that cuts across factional divisions.
Clause Six grants to the Senate the sole power to try impeachments and spells out the basic procedures for impeachment trials. The Supreme Court has interpreted this clause to mean that the Senate has exclusive and unreviewable authority to determine what constitutes an adequate impeachment trial. Of the nineteen federal officials formally impeached by the House of Representatives, three resigned (meaning proceedings were dismissed), seven were acquitted, and eight (all judges) were convicted by the Senate. On one occasion (in the case of Senator William Blount in 1797) the Senate declined to hold a trial, asserting that it had no jurisdiction over its own members; in any case, Blount had already been expelled from the Senate.
The impeachment trial of President Clinton in 1999, with Chief Justice William Rehnquist presiding constitution's framers vested the Senate with this power for several reasons. First, they believed Senators would be better educated, more virtuous, and more high-minded than Members of the House of Representatives and thus uniquely able to decide responsibly the most difficult of political questions. Second, they believed that the Senate, being a numerous body, would be well suited to handle the procedural demands of an impeachment trial, in which it, unlike judges and the judiciary system, would "never be tied down by such strict rules, either in the delineation of the offense by the prosecutor, or in the construction of it by judges, as in the common cases serve to limit the discretion of courts in favor of personal security." (Alexander Hamilton, The Federalist No. 65).
There are three Constitutionally mandated requirements for impeachment trials. The provision that Senators must sit on oath or affirmation was designed to impress upon them the extreme seriousness of the occasion. The stipulation that the Chief Justice is to preside over presidential impeachment trials underscores the solemnity of the occasion and aims to avoid the conflict of interest of a Vice President presiding over the proceeding for the removal of the one official standing between them and the presidency. The latter consideration was regarded to be quite important in the eighteenth century - political parties had not yet formed when the Constitution was adopted, and with the original method of electing the President and Vice President, it was presumed that the two people elected to those offices would frequently be political rivals. The specification that a two-thirds super-majority vote of those Senators present in order to convict was also thought necessary to facilitate serious deliberation and to make removal possible only through a consensus that cuts across factional divisions.
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.
If any officer is convicted of impeachment, he or she is immediately removed from office and may be barred from holding any public office in the future. No other punishments may be inflicted under the impeachment proceeding, but the convicted party remains liable to trial and punishment in the courts for civil and criminal charges.
If any officer is convicted of impeachment, he or she is immediately removed from office and may be barred from holding any public office in the future. No other punishments may be inflicted under the impeachment proceeding, but the convicted party remains liable to trial and punishment in the courts for civil and criminal charges.
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 choosing Senators.
The purpose of this clause is twofold. First, it makes clear the division of responsibility concerning the conduct of the election of federal Senators and Representatives. That responsibility lies primarily with the states and secondarily with Congress. Second, the clause lodges the power to regulate elections in the respective legislative branches of the states and the federal government, not with the executive or judicial. As authorized by this clause, Congress has set a uniform date for federal elections: the Tuesday following the first Monday in November.
Presently, as there are no on-point federal regulations, the states retain the authority to regulate the dates on which other aspects of the election process are held (registration, primary elections, etc.) and where elections will be held. As for regulating the "manner" of elections, the Supreme Court has interpreted this to mean "matters like notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns." The Supreme Court has held that States may not exercise their power to determine the "manner" of holding elections to impose term limits on their congressional delegation.
One of the most significant ways that each state regulates the "manner" of elections is through its power to draw electoral districts. Although in theory, Congress could draw the district map for each State, it has not exercised this level of oversight. Congress has, however, required the States to conform to certain practices when drawing districts. States are currently required to use a single-member district scheme, whereby the State is divided into as many election districts for Representatives in the House of Representatives as the size of its representation in that body (that is to say, Representatives cannot be elected at large from the whole State unless the State has only one Representative in the House, nor can districts elect more than 1 Representative). The Supreme Court has interpreted "by the Legislature thereof" to include voters using the initiative process, in those states whose constitutions provide it, to create an independent redistricting commission.
Congress first exercised its power to regulate elections nationwide in 1842, when the 27th Congress passed a law requiring the election of Representatives by districts. In subsequent years, Congress expanded on the requirements, successively adding contiguity, compactness, and substantial equality of population to the districting requirements. These standards were all later deleted in the Reapportionment Act of 1929. Congress subsequently reinstated the requirement that districts be composed of contiguous territory, be "compact," and have equal populations within each State. Congress has allowed those requirements to lapse, but the Supreme Court has re-imposed the population requirement on the States under the Equal Protection Clause and is suspicious of districts that do not meet the other "traditional" districting criteria of compactness and contiguity.
In 1865, Congress legislated a remedy for a situation under which deadlocks in state legislatures over the election of Senators were creating vacancies in the office. The act required the two houses of each legislature to meet in joint session on a specified day and to meet every day thereafter until a Senator was selected. The first comprehensive federal statute dealing with elections was adopted in 1870 as a means of enforcing the Fifteenth Amendment’s guarantee against racial discrimination in granting suffrage rights. Under the Enforcement Act of 1870 and subsequent laws, false registration, bribery, voting without legal right, making false returns of votes cast, interference in any manner with officers of election, and the neglect by any such officer of any duty required by state or federal law were made federal offenses. Provision was made for the appointment by federal judges of persons to attend at places of registration and at elections with authority to challenge any person proposing to register or vote unlawfully, to witness the counting of votes, and to identify by their signatures the registration of voters and election tally sheets.
Beginning with the Tillman Act of 1907, Congress has imposed a growing number of restrictions on elections and campaign financing. The most significant piece of legislation has been the 1971 Federal Election Campaign Act. It was this legislation that was at issue in the Supreme Court's seminal decision, Buckley v. Valeo (1976), which, in the face of a First Amendment challenge, set the ground rules for campaign finance legislation, generally disallowing restrictions on expenditures by candidates, but permitting restrictions on contributions by individuals and corporations.
In addition to statutory constraints, Congress and the States have altered the electoral process by amending the Constitution (first in the above-mentioned Fifteenth Amendment). The Seventeenth Amendment altered the manner of conducting the elections of Senators; establishing that they are to be elected by the people of the states. Also, the Nineteenth Amendment prohibits any U.S. citizen from being denied the right to vote based on sex; the Twenty-fourth Amendment prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax; and the Twenty-sixth Amendment prohibits the states and the federal government from using age as a reason for denying the right to vote to U.S. citizens who are at least eighteen years old.
The Congress shall assemble at least once every Year, and such Meeting shall be on the first Monday in December unless they shall by Law appoint a different Day.
Clause 2 fixes an annual date upon which Congress must meet. By doing so, the Constitution empowers Congress to meet, whether or not the President called it into session. Article II, Section 3 does grant the president limited authority to convene and adjourn both Houses (or either of them) and mandates that it will meet at least once a year to enact legislation on behalf of the people. Some delegates to the 1787 constitutional convention believed yearly meetings were not necessary, for there would not be enough legislative business for Congress to deal with annually. Nathaniel Gorham of Massachusetts argued that the time should be fixed to prevent disputes from arising within the legislature and to allow the states to adjust their elections to correspond with the fixed date. A fixed date also corresponded to the tradition in the states of having annual meetings. Finally, Gorham concluded that the legislative branch should be required to meet at least once a year to act as a check upon the executive department.
Although this clause provides that the annual meeting was to be on the first Monday in December, the government established by the 1787 Constitution did not begin operations until March 4, 1789. As the 1st Congress held its initial meeting on March 4, that became the date on which new representatives and senators took office in subsequent years. Therefore, every other year, although a new Congress was elected in November, it did not come into office until the following March, with a "lame duck" session convening in the interim. This practice was altered in 1933 following the ratification of the Twentieth Amendment, which states (in Section 2) that, "The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the third day of January unless they shall by law appoint a different day". This change virtually eliminated the necessity of there being a lame-duck session of Congress.
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 Minority 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.
Section Five states that a majority of each House constitutes a quorum to do business; a smaller number may adjourn the House or compel the attendance of absent members. In practice, the quorum requirement is all but ignored. A quorum is assumed to be present unless a quorum call, requested by a member, proves otherwise. Rarely do members ask for quorum calls to demonstrate the absence of a quorum; more often, they use the quorum call as a delaying tactic.
Sometimes, unqualified individuals have been admitted to Congress. For instance, the Senate once admitted John Henry Eaton, a twenty-eight-year-old, in 1818 (the admission was inadvertent, as Eaton's birth date was unclear at the time). In 1934, a twenty-nine-year-old, Rush Holt, was elected to the Senate; he agreed to wait six months, until his thirtieth birthday, to take the oath. The Senate ruled in that case that the age requirement applied as of the date of the taking of the oath, not the date of the election.
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.
Each House can determine its own Rules (assuming a quorum is present) and may punish any of its members. A two-thirds vote is necessary to expel a member. Section 5, Clause 2 does not provide specific guidance to each House regarding when and how each House may change its rules, leaving details to the respective chambers.
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.
Each House must keep and publish a Journal, though it may choose to keep any part of the Journal secret. The decisions of the House—not the words spoken during debates—are recorded in the Journal; if one-fifth of those present (assuming a quorum is present) request it, the votes of the members on a particular question must also be entered.
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.
Neither House may adjourn, without the consent of the other, for more than three days. Often, a House will hold pro forma sessions every three days; such sessions are merely held to fulfill the constitutional requirement, and not to conduct business. Furthermore, neither House may meet in any place other than that designated for both Houses (the Capitol), without the consent of the other House.
The Senators and Representatives shall receive 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.
Senators and Representatives set their own compensation. Under the Twenty-seventh Amendment, any change in their compensation will not take effect until after the next congressional election. Paying Senators and Representatives out of the federal treasury was a departure from the practice under the Articles of Confederation, where they were paid by the state they were elected.
Members of both Houses have certain privileges, based on those enjoyed by the members of the British Parliament. Members attending, going to, or returning from either House are privileged from arrest, except for treason, felony, or breach of the peace. One may not sue a Senator or Representative for slander occurring during a Congressional debate, nor may speech by a member of Congress during a Congressional session be the basis for criminal prosecution. The latter was affirmed when Mike Gravel published over 4,000 pages of the Pentagon Papers in the Congressional Record, which might have otherwise been a criminal offense. This clause has also been interpreted in Gravel v. United States, 408 U.S. 606 (1972) to provide protection to aides and staff of sitting members of Congress, so long as their activities relate to legislative matters.
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 increased 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.
Senators and Representatives may not simultaneously serve in Congress and hold a position in the executive branch. This restriction is meant to protect legislative independence by preventing the president from using patronage to buy votes in Congress. It is a major difference from the political system in the British Parliament, where cabinet ministers are required to be members of parliament.
Furthermore, Senators and Representatives cannot resign to take newly created or higher-paying political positions; rather, they must wait until the conclusion of the term for which they were elected. If Congress increases the salary of a particular officer, it may later reduce that salary to permit an individual to resign from Congress and take that position (known as the Saxbe fix). The effects of the clause were discussed in 1937 when Senator Hugo Black was appointed an Associate Justice of the Supreme Court with some time left in his Senate term. Just before the appointment, Congress had increased the pension available to Justices retiring at the age of seventy. It was therefore suggested by some that the office's emolument had been increased during Black's Senatorial term, and that therefore Black could not take office as a Justice. The response, however, was that Black was fifty-one years old, and would not receive the increased pension until at least 19 years later, long after his Senate term had expired.
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.
This establishes the method for making Acts of Congress that involve taxation. Accordingly, any bill may originate in either House of Congress, except for a revenue bill, which may originate only in the House of Representatives. In practice, the Senate sometimes circumvents this requirement by substituting the text of a revenue bill previously passed by the House with a substitute text. Either House may amend any bill, including revenue and appropriation bills.
This clause of the U.S. Constitution stemmed from an English parliamentary practice that all money bills must have their first reading in the House of Commons. This practice was intended to ensure that the power of the purse is possessed by the legislative body most responsive to the people, although the English practice was modified in America by allowing the Senate to amend these bills. The clause was part of the Great Compromise between small and large states; the large states were unhappy with the lopsided power of small states in the Senate, and so the clause theoretically offsets the unrepresentative nature of the Senate and compensates the large states for allowing equal voting rights to Senators from small states.
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.
This clause is known as the Presentment Clause. Before a bill becomes law, it must be presented to the President, who has ten days (excluding Sundays) to act upon it. If the President signs the bill, it becomes law. If he disapproves of the bill, he must return it to the House in which it originated together with his objections. This procedure has become known as the veto, although that particular word does not appear in the text of Article One. The bill does not then become law unless both Houses, by two-thirds votes, override the veto. If the President neither signs nor returns the bill within the ten-day limit, the bill becomes law, unless the Congress has adjourned in the meantime, thereby preventing the President from returning the bill to the House in which it originated. In the latter case, the President, by taking no action on the bill towards the end of a session, exercises a "pocket veto", which Congress may not override. In the former case, where the President allows a bill to become law unsigned, there is no common name for the practice, but recent scholarship has termed it a "default enactment."
What exactly constitutes an adjournment for the purposes of the pocket veto has been unclear. In the Pocket Veto Case (1929), the Supreme Court held that "the determinative question about an 'adjournment' is not whether it is a final adjournment of Congress or an interim adjournment, such as an adjournment of the first session, but whether it is one that 'prevents' the President from returning the bill to the House in which it originated within the time allowed." Since neither House of Congress was in session, the President could not return the bill to one of them, thereby permitting the use of the pocket veto. In Wright v. United States (1938), however, the Court ruled that adjournments of one House only did not constitute an adjournment of Congress required for a pocket veto. In such cases, the Secretary or Clerk of the House in question was ruled competent to receive the bill.
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.
In 1996, Congress passed the Line-Item Veto Act, which permitted the President, at the time of the signing of the bill, to rescind certain expenditures. Congress could disapprove the cancellation and reinstate the funds. The President could veto the disapproval, but Congress, by a two-thirds vote in each House, could override the veto. In the case, Clinton v. City of New York, the Supreme Court found the Line-Item Veto Act unconstitutional because it violated the Presentment Clause. First, the procedure delegated legislative powers to the President, thereby violating the nondelegation doctrine. Second, the procedure violated the terms of Section Seven, which state, "if he approves [the bill] he shall sign it, but if not, he shall return it." Thus, the President may sign the bill, veto it, or do nothing, but he may not amend the bill and then sign it.
Every bill, order, resolution, or vote that must be passed by both Houses, except on a question of adjournment, must be presented to the President before becoming law. However, to propose a constitutional amendment, two-thirds of both Houses may submit it to the states for ratification, without any consideration by the President, as prescribed in Article V.
Some Presidents have made very extensive use of the veto, while others have not used it at all. Grover Cleveland, for instance, vetoed over four hundred bills during his first term in office; Congress overrode only two of those vetoes. Meanwhile, seven Presidents have never used the veto power. There have been 2,560 vetoes, including pocket vetoes.
The purpose of this clause is twofold. First, it makes clear the division of responsibility concerning the conduct of the election of federal Senators and Representatives. That responsibility lies primarily with the states and secondarily with Congress. Second, the clause lodges the power to regulate elections in the respective legislative branches of the states and the federal government, not with the executive or judicial. As authorized by this clause, Congress has set a uniform date for federal elections: the Tuesday following the first Monday in November.
Presently, as there are no on-point federal regulations, the states retain the authority to regulate the dates on which other aspects of the election process are held (registration, primary elections, etc.) and where elections will be held. As for regulating the "manner" of elections, the Supreme Court has interpreted this to mean "matters like notices, registration, supervision of voting, protection of voters, prevention of fraud and corrupt practices, counting of votes, duties of inspectors and canvassers, and making and publication of election returns." The Supreme Court has held that States may not exercise their power to determine the "manner" of holding elections to impose term limits on their congressional delegation.
One of the most significant ways that each state regulates the "manner" of elections is through its power to draw electoral districts. Although in theory, Congress could draw the district map for each State, it has not exercised this level of oversight. Congress has, however, required the States to conform to certain practices when drawing districts. States are currently required to use a single-member district scheme, whereby the State is divided into as many election districts for Representatives in the House of Representatives as the size of its representation in that body (that is to say, Representatives cannot be elected at large from the whole State unless the State has only one Representative in the House, nor can districts elect more than 1 Representative). The Supreme Court has interpreted "by the Legislature thereof" to include voters using the initiative process, in those states whose constitutions provide it, to create an independent redistricting commission.
Congress first exercised its power to regulate elections nationwide in 1842, when the 27th Congress passed a law requiring the election of Representatives by districts. In subsequent years, Congress expanded on the requirements, successively adding contiguity, compactness, and substantial equality of population to the districting requirements. These standards were all later deleted in the Reapportionment Act of 1929. Congress subsequently reinstated the requirement that districts be composed of contiguous territory, be "compact," and have equal populations within each State. Congress has allowed those requirements to lapse, but the Supreme Court has re-imposed the population requirement on the States under the Equal Protection Clause and is suspicious of districts that do not meet the other "traditional" districting criteria of compactness and contiguity.
In 1865, Congress legislated a remedy for a situation under which deadlocks in state legislatures over the election of Senators were creating vacancies in the office. The act required the two houses of each legislature to meet in joint session on a specified day and to meet every day thereafter until a Senator was selected. The first comprehensive federal statute dealing with elections was adopted in 1870 as a means of enforcing the Fifteenth Amendment’s guarantee against racial discrimination in granting suffrage rights. Under the Enforcement Act of 1870 and subsequent laws, false registration, bribery, voting without legal right, making false returns of votes cast, interference in any manner with officers of election, and the neglect by any such officer of any duty required by state or federal law were made federal offenses. Provision was made for the appointment by federal judges of persons to attend at places of registration and at elections with authority to challenge any person proposing to register or vote unlawfully, to witness the counting of votes, and to identify by their signatures the registration of voters and election tally sheets.
Beginning with the Tillman Act of 1907, Congress has imposed a growing number of restrictions on elections and campaign financing. The most significant piece of legislation has been the 1971 Federal Election Campaign Act. It was this legislation that was at issue in the Supreme Court's seminal decision, Buckley v. Valeo (1976), which, in the face of a First Amendment challenge, set the ground rules for campaign finance legislation, generally disallowing restrictions on expenditures by candidates, but permitting restrictions on contributions by individuals and corporations.
In addition to statutory constraints, Congress and the States have altered the electoral process by amending the Constitution (first in the above-mentioned Fifteenth Amendment). The Seventeenth Amendment altered the manner of conducting the elections of Senators; establishing that they are to be elected by the people of the states. Also, the Nineteenth Amendment prohibits any U.S. citizen from being denied the right to vote based on sex; the Twenty-fourth Amendment prohibits both Congress and the states from conditioning the right to vote in federal elections on payment of a poll tax or other types of tax; and the Twenty-sixth Amendment prohibits the states and the federal government from using age as a reason for denying the right to vote to U.S. citizens who are at least eighteen years old.
The Congress shall assemble at least once every Year, and such Meeting shall be on the first Monday in December unless they shall by Law appoint a different Day.
Clause 2 fixes an annual date upon which Congress must meet. By doing so, the Constitution empowers Congress to meet, whether or not the President called it into session. Article II, Section 3 does grant the president limited authority to convene and adjourn both Houses (or either of them) and mandates that it will meet at least once a year to enact legislation on behalf of the people. Some delegates to the 1787 constitutional convention believed yearly meetings were not necessary, for there would not be enough legislative business for Congress to deal with annually. Nathaniel Gorham of Massachusetts argued that the time should be fixed to prevent disputes from arising within the legislature and to allow the states to adjust their elections to correspond with the fixed date. A fixed date also corresponded to the tradition in the states of having annual meetings. Finally, Gorham concluded that the legislative branch should be required to meet at least once a year to act as a check upon the executive department.
Although this clause provides that the annual meeting was to be on the first Monday in December, the government established by the 1787 Constitution did not begin operations until March 4, 1789. As the 1st Congress held its initial meeting on March 4, that became the date on which new representatives and senators took office in subsequent years. Therefore, every other year, although a new Congress was elected in November, it did not come into office until the following March, with a "lame duck" session convening in the interim. This practice was altered in 1933 following the ratification of the Twentieth Amendment, which states (in Section 2) that, "The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the third day of January unless they shall by law appoint a different day". This change virtually eliminated the necessity of there being a lame-duck session of Congress.
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 Minority 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.
Section Five states that a majority of each House constitutes a quorum to do business; a smaller number may adjourn the House or compel the attendance of absent members. In practice, the quorum requirement is all but ignored. A quorum is assumed to be present unless a quorum call, requested by a member, proves otherwise. Rarely do members ask for quorum calls to demonstrate the absence of a quorum; more often, they use the quorum call as a delaying tactic.
Sometimes, unqualified individuals have been admitted to Congress. For instance, the Senate once admitted John Henry Eaton, a twenty-eight-year-old, in 1818 (the admission was inadvertent, as Eaton's birth date was unclear at the time). In 1934, a twenty-nine-year-old, Rush Holt, was elected to the Senate; he agreed to wait six months, until his thirtieth birthday, to take the oath. The Senate ruled in that case that the age requirement applied as of the date of the taking of the oath, not the date of the election.
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.
Each House can determine its own Rules (assuming a quorum is present) and may punish any of its members. A two-thirds vote is necessary to expel a member. Section 5, Clause 2 does not provide specific guidance to each House regarding when and how each House may change its rules, leaving details to the respective chambers.
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.
Each House must keep and publish a Journal, though it may choose to keep any part of the Journal secret. The decisions of the House—not the words spoken during debates—are recorded in the Journal; if one-fifth of those present (assuming a quorum is present) request it, the votes of the members on a particular question must also be entered.
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.
Neither House may adjourn, without the consent of the other, for more than three days. Often, a House will hold pro forma sessions every three days; such sessions are merely held to fulfill the constitutional requirement, and not to conduct business. Furthermore, neither House may meet in any place other than that designated for both Houses (the Capitol), without the consent of the other House.
The Senators and Representatives shall receive 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.
Senators and Representatives set their own compensation. Under the Twenty-seventh Amendment, any change in their compensation will not take effect until after the next congressional election. Paying Senators and Representatives out of the federal treasury was a departure from the practice under the Articles of Confederation, where they were paid by the state they were elected.
Members of both Houses have certain privileges, based on those enjoyed by the members of the British Parliament. Members attending, going to, or returning from either House are privileged from arrest, except for treason, felony, or breach of the peace. One may not sue a Senator or Representative for slander occurring during a Congressional debate, nor may speech by a member of Congress during a Congressional session be the basis for criminal prosecution. The latter was affirmed when Mike Gravel published over 4,000 pages of the Pentagon Papers in the Congressional Record, which might have otherwise been a criminal offense. This clause has also been interpreted in Gravel v. United States, 408 U.S. 606 (1972) to provide protection to aides and staff of sitting members of Congress, so long as their activities relate to legislative matters.
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 increased 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.
Senators and Representatives may not simultaneously serve in Congress and hold a position in the executive branch. This restriction is meant to protect legislative independence by preventing the president from using patronage to buy votes in Congress. It is a major difference from the political system in the British Parliament, where cabinet ministers are required to be members of parliament.
Furthermore, Senators and Representatives cannot resign to take newly created or higher-paying political positions; rather, they must wait until the conclusion of the term for which they were elected. If Congress increases the salary of a particular officer, it may later reduce that salary to permit an individual to resign from Congress and take that position (known as the Saxbe fix). The effects of the clause were discussed in 1937 when Senator Hugo Black was appointed an Associate Justice of the Supreme Court with some time left in his Senate term. Just before the appointment, Congress had increased the pension available to Justices retiring at the age of seventy. It was therefore suggested by some that the office's emolument had been increased during Black's Senatorial term, and that therefore Black could not take office as a Justice. The response, however, was that Black was fifty-one years old, and would not receive the increased pension until at least 19 years later, long after his Senate term had expired.
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.
This establishes the method for making Acts of Congress that involve taxation. Accordingly, any bill may originate in either House of Congress, except for a revenue bill, which may originate only in the House of Representatives. In practice, the Senate sometimes circumvents this requirement by substituting the text of a revenue bill previously passed by the House with a substitute text. Either House may amend any bill, including revenue and appropriation bills.
This clause of the U.S. Constitution stemmed from an English parliamentary practice that all money bills must have their first reading in the House of Commons. This practice was intended to ensure that the power of the purse is possessed by the legislative body most responsive to the people, although the English practice was modified in America by allowing the Senate to amend these bills. The clause was part of the Great Compromise between small and large states; the large states were unhappy with the lopsided power of small states in the Senate, and so the clause theoretically offsets the unrepresentative nature of the Senate and compensates the large states for allowing equal voting rights to Senators from small states.
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.
This clause is known as the Presentment Clause. Before a bill becomes law, it must be presented to the President, who has ten days (excluding Sundays) to act upon it. If the President signs the bill, it becomes law. If he disapproves of the bill, he must return it to the House in which it originated together with his objections. This procedure has become known as the veto, although that particular word does not appear in the text of Article One. The bill does not then become law unless both Houses, by two-thirds votes, override the veto. If the President neither signs nor returns the bill within the ten-day limit, the bill becomes law, unless the Congress has adjourned in the meantime, thereby preventing the President from returning the bill to the House in which it originated. In the latter case, the President, by taking no action on the bill towards the end of a session, exercises a "pocket veto", which Congress may not override. In the former case, where the President allows a bill to become law unsigned, there is no common name for the practice, but recent scholarship has termed it a "default enactment."
What exactly constitutes an adjournment for the purposes of the pocket veto has been unclear. In the Pocket Veto Case (1929), the Supreme Court held that "the determinative question about an 'adjournment' is not whether it is a final adjournment of Congress or an interim adjournment, such as an adjournment of the first session, but whether it is one that 'prevents' the President from returning the bill to the House in which it originated within the time allowed." Since neither House of Congress was in session, the President could not return the bill to one of them, thereby permitting the use of the pocket veto. In Wright v. United States (1938), however, the Court ruled that adjournments of one House only did not constitute an adjournment of Congress required for a pocket veto. In such cases, the Secretary or Clerk of the House in question was ruled competent to receive the bill.
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.
In 1996, Congress passed the Line-Item Veto Act, which permitted the President, at the time of the signing of the bill, to rescind certain expenditures. Congress could disapprove the cancellation and reinstate the funds. The President could veto the disapproval, but Congress, by a two-thirds vote in each House, could override the veto. In the case, Clinton v. City of New York, the Supreme Court found the Line-Item Veto Act unconstitutional because it violated the Presentment Clause. First, the procedure delegated legislative powers to the President, thereby violating the nondelegation doctrine. Second, the procedure violated the terms of Section Seven, which state, "if he approves [the bill] he shall sign it, but if not, he shall return it." Thus, the President may sign the bill, veto it, or do nothing, but he may not amend the bill and then sign it.
Every bill, order, resolution, or vote that must be passed by both Houses, except on a question of adjournment, must be presented to the President before becoming law. However, to propose a constitutional amendment, two-thirds of both Houses may submit it to the states for ratification, without any consideration by the President, as prescribed in Article V.
Some Presidents have made very extensive use of the veto, while others have not used it at all. Grover Cleveland, for instance, vetoed over four hundred bills during his first term in office; Congress overrode only two of those vetoes. Meanwhile, seven Presidents have never used the veto power. There have been 2,560 vetoes, including pocket vetoes.