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49 Cards in this Set

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The Congress

Section 1

Establishes a Senate and a House of Representative

The House of Representatives

Section 2

2.1 Elections

This establishes the House of Representatives shall elect members every 2 years

2.2 Qualifications

To be a member of the HOR a person must be at least 25 years old, and be a US Citizen for at least 7 years. A member of the HOR must live in the state they are elected.

2.3 Number of Representatives

The number of representatives shall not exceed one for every 30,000 citizens. Also, each state shall have at least one representatives. There are currently 435 members of the HOR

2.4 Vacancies

House vacancies can be caused by death, resignation, declination, withdrawal, or House action, but the Constitution requires that they be filled by election. The law concerning Members elected to fill vacancies caries according to when the vacancy occurs and applicable state law.

2.5 Officers and Impeachment

The HOR chooses the Speaker of the House and other Officers. The HOR also has the SOLE POWER OF IMPEACHMENT!!!

The Senate

Section 3

3.1 Numbers of Senators per state and term length

Each state is allowed 2 senators. Each Senator will serve a term of 6 years. This gives the Senate 100 total members, and each member is allowed one vote

3.2 Classifying Terms

one third of the Senate's seats are up for election every two years, making the Senate a "continuing body." That just means that all the senators will never face election at the same time. The 17th Amendment requires any Senate vacancy to be filled in a special election called by the state's governor.

3.3 Qualifications

You have to be at least 30 years old, a citizen for at least nine years, and a resident of the state you want to represent.

3.4 Role of Vice President

“President of the Senate” but he doesn't actually get to participate in its debates or cast a vote, except in the rare circumstance of a tie vote.

3.5 Officers

a senior senator of the majority party—gets to run the show when the VP of the United States isn't in the house

3.6 Impeachment Trials

If the House of Representatives votes to impeach any civil officer, the Senate must serve as judge and jury. If two-thirds of the senators vote to convict, the impeached official is removed from office.

3.7 Punishment for Impeachment

the Senate is allowed to mete out in impeachment cases are removal from office and banishment from future government service. However, the regular courts could also then seek to impose further criminal penalties for wrongdoing.

Congressional Election

Section 4

4.1 Regulations

The states to organize congressional elections, but gives Congress the power to set new rules for federal elections as it sees fit.

4.2 Sessions

Requires at least one session of Congress to meet each year.

Rules and Procedures

Section 5

5.1 Quorem

First, the House and the Senate are given the power to judge the qualifications of their own members. Second, a majority of either chamber's membership is required to be present to constitute a quorum. Congress can continue to conduct business with less than a quorum present, but any member can then issue a "quorum call," requiring either that a majority of the members actually show up or that the house takes a temporary adjournment.

5.2 Rules and Conduct

The House and the Senate have the power to set their own rules of parliamentary procedure. The House and the Senate also have the power to kick out their own members for bad acts; expulsion requires a two-thirds vote.

5.3 Congressional Records

Both chambers of Congress must publish an official record of their proceedings. The Congressional Record is published daily while either house is in session, documenting all official activity on the floor of either house.

5.4 Adjourning Section

Neither the House nor the Senate can go out on extended vacation while the other remains in business, unless the other chamber approves.

Pavement and Privillages

Section 6

6.1 Salary and Compensation

First, congressmen get paid by the government, at a salary they set themselves. Second, congressmen have "legislative immunity"; that is, they cannot be charged with a crime for anything they say in Congress, and they cannot be arrested or harassed by the police unless they have committed treason or other serious crimes. The idea here is to ensure that the president can't abuse his powers by arresting or jailing legislators who disagree with him.

6.2 Restriction

People serving in office in either executive or judicial branches of the US government cannot also simultaneously serve in Congress, and vice versa. Furthermore, a member of Congress can't resign from his seat in order to take another government job if that job has had its salary increased during his term. That rule is designed to prevent corruption.

How a Bill Becomes a Law

Section 7

7.1 Tax Bills

All tax and tariff legislation must originate in the House of Representatives, although the Senate retains its normal power to amend any bill sent to it from the House.

7.2 Law Making Process

Both houses of Congress have to pass it, then send it to the president. If the president signs it, it becomes law. If the president vetoes it, it goes back to Congress, where a two-thirds vote can override his veto. Or, if the president simply does nothing, the bill becomes law without his signature after ten days. If Congress adjourns less than ten days after sending the president a bill, he can apply a so-called "pocket veto" simply by refusing to sign it; the normal provision by which a bill becomes law even without presidential signature after ten days does not take effect if Congress adjourns before the ten days are up.

7.3 Roles of a President

Joint resolutions of Congress are special measures passed under special circumstances, unlike regular bills of law. They're still supposed to be sent to the president for his signature, however; a joint resolution signed by the president has the force of law. A simple resolution of Congress not sent to the president for his signature does not have the force of law.

Power Granted To Congress

Section 8

8.1 Taxation

The very first power given to Congress by the Constitution is the power to tax. Congress controls the money. Congress also has the power to tax on imported goods but it's not allowed to charge more for imports into one state than into another.

8.2 Credit

Congress is allowed to go into debt to pay for government programs and services.

8.3 Commerce

Congress has the power to impose regulations on interstate and international business.

8.4 Naturalization/ Bankrupcy

First, Congress has the power to set up a process for immigrants to become American citizens. Second, Congress has the power to set rules for hopelessly indebted people and businesses to declare bankruptcy.

8.5 Money

Congress controls the minting of money and (theoretically) sets its value. Congress also gets to set standards of weights and measures.

8.6 Counterfeiting

Printers of funny money beware!

8.7 Post Office



Congress has the power to set up Post Offices and to build roads connecting them.

8.8 Patent and CopyRight

Congress has the power to set up a system of copyrights and patents, granting creative people the exclusive right to sell their creations.

8.9 Federal Courts

Congress has the power to set up lower-level federal courts that report to the Supreme Court.

8.10 International Law


Congress has the power to punish pirates.

8.11 War

This clause grants Congress one of its most important powers: the power to declare war. Congress, and only Congress, can officially do so. (The President can't!) This clause also grants Congress one of its more bizarre powers: the power to hire pirates to attack the nation's enemies. (That's what a "Letter of Marque" is... a letter that gives a pirate official permission to do his thing in the name of the national interest. Avast, ye mateys!) Congress determines rules on Prisoner of War.

8.12 Army

The president is Commander-in-Chief but only Congress has the authority to pay (or not pay) for military actions. Further, Congress cannot fund military operations more than two years in the future.

8.13 Navy

Congress must supply our country with a Naval force.

8.14 Regulations of Armed Forces

Congress will create the rules and regulations for the Navy and land forces.

8.15 Militia

Congress has the power to call out the militia—organized units of citizen soldiers—to defend the nation from attack or armed rebellion. In modern times, the militia has been replaced by the National Guard.

8.16 Regulations for Militia


Control over the militia is divided between Congress and the state governments. If the militia is called into national service, Congress pays for it and governs its actions. The states, however, retain control over who serves as its officers and how its men are trained.

8.17 District of Columbia (Washington D.C.)

Congress has the power to set up a national capital of the United States that is outside the jurisdiction of any state. Congress used this power to create Washington, DC, on swampland along the Potomac River that was originally part of Maryland. Congress also has ultimate authority over all federal military facilities, even if they're located within particular states.

8.18 Elastic Clause

This is the basis for all of the legislative branch's implied powers (powers not explicitly listed in the Constitution) but held to be legitimate because they are "necessary and proper" for the Congress to exercise the other powers that are listed here. Over time, this clause has been used to justify a gradual expansion in the general power of Congress and the entire federal government.