Engage: Congress Comes First
Open the Constitution and you’ll notice something interesting: Article I isn’t about the President. It’s about Congress. The framers spent more time on the legislative branch than any other, giving it the most detailed powers and the longest article. Why?
Because in a republic, the people’s representatives were supposed to be the most powerful branch. Kings and dictators ruled through executive power. Free people ruled through legislatures. The framers feared executive tyranny more than legislative overreach—they had just fought a war against a king.
Explore: The Structure of Congress
The House of Representatives (Article I, Section 2):
- Direct representation: Members elected directly by the people every two years
- Proportional: More populated states get more representatives
- Requirements: Must be 25 years old, US citizen for 7 years, live in state represented
- Special powers: All revenue bills must start here; sole power to impeach federal officials
The Senate (Article I, Section 3):
- Equal representation: Two senators per state, regardless of size
- Originally indirect: Chosen by state legislatures (changed in 1913 by 17th Amendment)
- Six-year terms: Staggered so only 1/3 face election every two years
- Requirements: Must be 30 years old, US citizen for 9 years, live in state represented
- Special powers: Approve treaties (2/3 vote); confirm presidential appointments; try impeachment cases
This bicameral (two-house) structure emerged from the Great Compromise. Large states got proportional representation in the House. Small states got equal voice in the Senate.
Explain: Enumerated Powers (Article I, Section 8)
The Constitution lists 18 specific congressional powers. The most important:
Economic Powers:
- Lay and collect taxes, duties, imposts, and excises
- Borrow money on the credit of the United States
- Regulate commerce with foreign nations and among the states
- Coin money and regulate its value
- Punish counterfeiting
Military Powers:
- Declare war
- Raise and support armies (but no appropriation longer than two years)
- Provide and maintain a navy
- Make rules governing military forces
- Call forth militia to execute laws, suppress insurrections, repel invasions
Other Key Powers:
- Establish post offices and post roads
- Grant patents and copyrights
- Constitute tribunals inferior to the Supreme Court
- Define and punish piracies and felonies on the high seas
The Elastic Clause (18th power):
Make all laws “necessary and proper” for executing the above powers. This seemingly innocent phrase has allowed Congress to expand far beyond the literal list. Is Social Security “necessary and proper” to provide for the general welfare? Are environmental regulations “necessary and proper” to regulate interstate commerce? These debates continue today.
Elaborate: What Congress CANNOT Do (Article I, Section 9-10)
The framers also listed things Congress is explicitly forbidden to do:
Protections for individuals:
- Cannot suspend habeas corpus except in rebellion or invasion
- Cannot pass bills of attainder (laws declaring someone guilty without trial)
- Cannot pass ex post facto laws (making something illegal retroactively)
- Cannot tax exports
- Cannot grant titles of nobility
Protections for states:
- Cannot give preference to one state’s ports over another’s
- Cannot draw money from Treasury without appropriation by law
States also face restrictions (Section 10):
- Cannot make treaties or coin money
- Cannot impair contracts
- Cannot tax imports or exports without congressional consent
These prohibitions show the framers’ concerns: they’d seen corrupt British practices (attainder, retroactive laws) and wanted to prevent them. They’d seen states print worthless money and wanted to stop it.
Evaluate: Has Congress Remained Supreme?
The framers expected Congress to dominate. Has it?
Evidence Congress Has Expanded:
- Modern Congress regulates healthcare, education, environment, civil rights—areas never mentioned in Constitution
- “Necessary and proper” and “commerce clause” interpreted very broadly
- Administrative agencies (EPA, FCC, FDA) created by Congress exercise vast power
- Federal budget now $6+ trillion annually—unimaginable to framers
Evidence Executive Has Overtaken Congress:
- Presidents initiate most legislation; Congress often just responds
- Executive orders and regulations bypass Congress
- War powers mostly exercised by President despite Congress’s constitutional authority
- Modern media focuses on President, making them symbolic center of government
- Congress approval ratings consistently below 20%—loss of prestige and authority
Why the Shift?:
- Modern crises (wars, depressions, terrorism) demand quick action; Congress is slow by design
- Complex modern problems require expertise; executive agencies have specialists
- Congress has become partisan and gridlocked, unable to act decisively
- Some argue Congress has voluntarily ceded power, avoiding responsibility for tough decisions
The Constitution still makes Congress first among equals, but the reality of governance has evolved. The question isn’t whether this is constitutional—the Constitution is flexible enough to allow it—but whether it’s wise.
Key Vocabulary
- Bicameral: Two-house legislature (House and Senate)
- Enumerated Powers: Powers specifically listed in Constitution
- Necessary and Proper Clause: Allows Congress to pass laws needed to execute its powers (also called “Elastic Clause”)
- Habeas Corpus: Right to appear before a judge; protection against illegal detention
- Bill of Attainder: Law declaring someone guilty without trial (prohibited)
Think About It
The framers made passing laws difficult—both houses must agree, and the President can veto. Is this a feature (preventing bad laws) or a bug (preventing necessary action)? Should one chamber be enough to pass laws?
Additional Resources
Primary Source: Read Article I of the Constitution:
https://www.archives.gov/founding-docs/constitution-transcript
Article I is the longest article, comprising nearly half the original Constitution. Notice how detailed it is about Congress compared to the President (Article II) and Courts (Article III). This length reflects the founders’ priorities and concerns.
Also read Federalist No. 52-58 (on the House) and 62-66 (on the Senate):
https://avalon.law.yale.edu/subject_menus/fed.asp
Tomorrow: We’ll examine Article II and executive power—how much authority should one person have?