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. 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.
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 chusing Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. 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 smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. 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.
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.
The Senators and Representatives shall receive a 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.
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 encreased 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. 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.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve 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. The first section creates the U. The Supreme Court has final say on matters of federal law that come before it.
In one sentence, summarize the main function of the judicial branch. Since its passage, there have been 27 amendments; the first 10 are known as the Bill of Rights. The Constitution contains 4, words, including the signatures of 39 of the 55 delegates representing the states. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Article I details the form and function of the United States Congress. It details that the United States Congress is to be a bicameral body composed of a Senate and a House of Representatives, whose members are to be elected by the people of each state. It also designates all legislative powers to be held by Congress. It is the longest article of the Constitution and has been amended the most. Article II establishes the executive branch of government and sets the President of the United States at its head.
It also describes the duties of the president and vice-president and names the president as Commander in Chief of the armed forces. Article III details the judicial branch of government and designates the Supreme Court as the highest court in the land.
It also describes the requirements to be convicted of treason and the potential punishment for it. Article IV describes the states of the union and their interactions with the federal government and with one another. Since , almost all the Justices on the Supreme Court have either applied the nondelegation doctrine leniently, to allow large-scale delegations accompanied by vague limiting principles, Mistretta v.
United States , or have said the doctrine of unconstitutional delegation is not readily enforceable by the courts. The Court, however, sometimes gives effect to the values undergirding the nondelegation principle through narrow interpretations of statutory delegations.
For example, the Supreme Court has overruled agency rules adopted pursuant to congressional delegations, on the ground that the agency is advancing a big change in policy. Burwell Under this doctrine, Congress is the supreme lawmaker, and its limits on delegated authority must be strictly observed.
See Thomas W. But one also might read the Vesting Clause to give Congress the supreme authority to make law, including the discretion to delegate lawmaking authority to other officials. Wayman v. Southard Hampton, Jr. In practice, there is no judicially enforceable nondelegation doctrine. Instead, Article I, Section 1 has been effectively interpreted to establish a delegation doctrine , whereby Congress has supreme lawmaking authority subject to other constitutional limits , including the authority to delegate.
But these potential costs might be managed by a sober understanding of the delegation doctrine. Brown Thus, judges will not readily find a delegation of lawmaking authority; a delegation must usually be explicit.
More importantly, the delegation is subject to the limitations set forth or implicit in the congressional grant or in other statutory provisions. United States v. Mead Corp. Natural Resources Defense Council, Inc. To begin with, the Court insists that agencies engaged in legislative rulemaking follow the notice-and-comment procedures demanded by the Administrative Procedure Act, and which have been expanded by the Court itself.
Motor Vehicle Manufacturers. State Farm Mutual Auto. Mistretta v. United States ; William N. Eskridge Jr. One such rule of construction is the major questions canon. Even if Congress has delegated to an agency general rulemaking or adjudicatory power, judges presume that Congress does not delegate its authority to settle or amend major social and economic policy decisions. The major questions canon gives teeth to the Article I, Section 1 norm of congressional legislative supremacy, because it imposes a significant limit on agency lawmaking that is consistent with the assumptions of the congressional process.
0コメント