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Article 1

Article I — The Legislative Branch

Verbatim

Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 2. 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.

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.

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 chuse 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.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section 3. 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.

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.

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.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

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.

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.

Section 4. 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.

Section 5. 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.

Section 6. 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.

Section 7. 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. 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.

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.

Section 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Section 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Plain English

Section 1 — The legislative power

All federal lawmaking powers granted by this Constitution belong to Congress. Congress has two parts: the Senate and the House of Representatives.

Section 2 — The House of Representatives

The House of Representatives is composed of members elected by the people of each state every two years. Voters who can vote for the larger house of their state legislature can vote for U.S. Representatives.

A person must be at least 25 years old, must have been a U.S. citizen for at least seven years, and must live in the state they represent at the time of election to serve as a Representative.

Representatives are apportioned among the states by population. The original text counted each enslaved person as three-fifths of a free person for purposes of apportionment and excluded "Indians not taxed" from the count entirely. Note: This three-fifths rule was eliminated by the Thirteenth and Fourteenth Amendments, which abolished slavery and changed the apportionment formula. The "Indians not taxed" language remains in the original text but most Native Americans were granted U.S. citizenship by the Indian Citizenship Act of 1924.

A national census is taken every ten years to update apportionment. There must be at least one Representative per state, and originally no more than one per 30,000 people.

When a Representative seat becomes vacant, the state's governor calls a special election to fill it.

The House chooses its own Speaker and other officers. The House has the sole power to bring impeachment charges.

Section 3 — The Senate

The Senate has two senators from each state. Each senator serves a six-year term and has one vote. Note: The original text specified that senators were chosen by state legislatures. The Seventeenth Amendment, ratified in 1913, changed this to direct election by the people.

Senators are divided into three classes when the Senate first assembles, so that one-third of senators face election every two years.

A person must be at least 30 years old, must have been a U.S. citizen for at least nine years, and must live in the state they represent at the time of election to serve as a Senator.

The Vice President of the United States serves as President of the Senate but does not vote unless there is a tie.

The Senate chooses its other officers, including a President pro tempore who presides when the Vice President is absent.

The Senate has the sole power to try impeachments. Senators must be under oath when sitting as an impeachment court. When the President is on trial, the Chief Justice of the Supreme Court presides. A two-thirds vote of senators present is required to convict. Impeachment can result only in removal from office and disqualification from future office, but the convicted person remains subject to ordinary criminal prosecution.

Section 4 — Elections and meetings

Each state legislature sets the times, places, and manner of holding elections for senators and representatives. Congress can pass laws to alter these rules, except for the places of choosing senators.

Congress must meet at least once a year. Note: The original text required Congress to meet on the first Monday in December. The Twentieth Amendment, ratified in 1933, changed this to noon on January 3.

Section 5 — Internal procedures

Each house of Congress judges the elections, qualifications, and returns of its own members. A majority of each house is needed to do business, but smaller numbers can adjourn day to day and compel attendance of absent members.

Each house sets its own rules of procedure, can punish members for disorderly behavior, and can expel a member with a two-thirds vote.

Each house keeps a journal of its proceedings and publishes it from time to time, except for parts that require secrecy. If one-fifth of members present demand it, the votes of members on any question must be recorded in the journal.

Neither house can adjourn for more than three days, or to another place, without the consent of the other house.

Section 6 — Compensation and limits on members

Senators and Representatives receive a salary, set by law and paid from the U.S. Treasury.

Members of Congress are protected from arrest while attending sessions of Congress and while traveling to and from sessions, except for treason, felony, or breach of the peace. Members cannot be questioned in any other place for speeches or debates given in Congress.

Members of Congress cannot be appointed to any federal civil office that was created during their term, or for which the pay was increased during their term. People holding any federal office cannot serve in Congress while in office.

Section 7 — How a bill becomes a law

All bills for raising revenue must originate in the House of Representatives. The Senate can propose or concur with amendments to revenue bills, as with other bills.

Every bill that passes both the House and the Senate must be presented to the President. If the President signs it, it becomes law. If the President returns it with objections (a veto), the bill goes back to the house where it originated. That house records the objections in its journal and considers the bill again. If two-thirds of that house votes to pass the bill, it goes to the other house, which also considers it again. If two-thirds of that house also passes it, the bill becomes law over the President's veto.

If the President does not return a bill within ten days (excluding Sundays) after receiving it, the bill becomes law as if signed — unless Congress has adjourned and prevented its return, in which case the bill does not become law (a pocket veto).

Every order, resolution, or vote requiring the agreement of both houses (except on adjournment) must also be presented to the President under the same rules as bills.

Section 8 — The powers of Congress

Congress has the power to:

  • Lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States. All duties, imposts, and excises must be uniform throughout the country.
  • Borrow money on the credit of the United States.
  • Regulate commerce with foreign nations, among the states, and with Native American tribes.
  • Establish uniform rules of naturalization (becoming a U.S. citizen) and uniform laws on bankruptcy.
  • Coin money, regulate its value and the value of foreign currency, and set standards of weights and measures.
  • Punish counterfeiting of U.S. money and securities.
  • Establish post offices and post roads.
  • Promote the progress of science and useful arts by granting authors and inventors exclusive rights to their writings and discoveries (this is the basis for copyright and patent law).
  • Create federal courts below the Supreme Court.
  • Define and punish piracy and felonies committed on the high seas, and offenses against international law.
  • Declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
  • Raise and support armies, but no funding for the army can be for longer than two years at a time.
  • Provide and maintain a navy.
  • Make rules for the government and regulation of land and naval forces.
  • Call out the militia to enforce federal laws, suppress insurrections, and repel invasions.
  • Organize, arm, and discipline the militia, and govern such part of it as may be employed in service of the United States. States retain the power to appoint militia officers and train the militia under congressional standards.
  • Exercise exclusive legislative authority over the District of Columbia (a federal district up to ten miles square) and over places purchased from states for forts, magazines, arsenals, dockyards, and other federal buildings.
  • Make all laws necessary and proper for carrying out these powers and any other powers granted by the Constitution to any branch of the federal government.

Section 9 — Limits on Congress

The migration or importation of "such Persons as any of the States now existing shall think proper to admit" cannot be prohibited by Congress before the year 1808, but a tax of up to ten dollars per person can be imposed. Note: This clause referred to the international slave trade. Congress banned the importation of enslaved people effective January 1, 1808 — the earliest date allowed under this clause.

The privilege of habeas corpus — the right of a detained person to be brought before a court — cannot be suspended except in cases of rebellion or invasion when public safety requires it.

No bill of attainder (a law declaring a specific person guilty without trial) can be passed.

No ex post facto law (a law making an act criminal after the fact) can be passed.

No direct tax (such as a head tax) can be laid except in proportion to the census. Note: This restriction was modified by the Sixteenth Amendment, which authorized federal income taxes without apportionment.

No tax can be laid on goods exported from any state.

No federal regulation of commerce or revenue can give preference to one state's ports over another. Ships traveling between states cannot be required to enter, clear, or pay duties in another state.

No money can be drawn from the Treasury except by appropriations made by law. The government must publish regular statements of receipts and expenditures.

No title of nobility can be granted by the United States. No person holding federal office can accept any present, payment, office, or title from a foreign king, prince, or state without the consent of Congress.

Section 10 — Limits on the states

No state can:

  • Enter into any treaty, alliance, or confederation
  • Grant letters of marque and reprisal
  • Coin money or issue paper money
  • Make anything other than gold and silver coin legal tender for paying debts
  • Pass any bill of attainder or ex post facto law
  • Pass any law impairing the obligation of contracts
  • Grant any title of nobility

No state can — without the consent of Congress — lay any tax on imports or exports, except what is absolutely necessary for state inspection laws. The net produce of any such taxes goes to the U.S. Treasury, and all such laws are subject to revision by Congress.

No state can — without the consent of Congress — lay any duty on tonnage (a tax on ships by capacity), keep troops or warships in time of peace, enter into any agreement or compact with another state or with a foreign power, or engage in war, unless actually invaded or in such imminent danger as does not admit of delay.

About

Article I creates the legislative branch — Congress — and lists what Congress can do. It is the longest of the seven Articles and was the first one written by the Constitutional Convention because the founders considered the legislature the most important branch of government.

The article reflects compromises that defined the constitutional design. The structure of Congress, with one house apportioned by population (the House of Representatives) and one with equal representation per state (the Senate), is the Great Compromise between large and small states. The original three-fifths apportionment for enslaved people was a compromise between Northern and Southern states; this provision was eliminated by the Thirteenth and Fourteenth Amendments.

Section 8, listing the enumerated powers of Congress, is the most-litigated section of the original Constitution. The Commerce Clause ("To regulate Commerce with foreign Nations, and among the several States") has been read broadly to authorize federal regulation of most economic activity that affects interstate commerce. The Necessary and Proper Clause has been read to give Congress implicit powers to carry out its enumerated powers, including powers not specifically listed. Both clauses have been the subject of major Supreme Court rulings throughout U.S. history, including McCulloch v. Maryland (1819), Wickard v. Filburn (1942), United States v. Lopez (1995), and NFIB v. Sebelius (2012).

The Spending Clause and the Taxing Clause give Congress wide power to tax and spend, which has become a major tool of federal policy. Congress can attach conditions to federal funds, effectively regulating areas it could not regulate directly.

Article I also lists what Congress cannot do (Section 9) and what states cannot do (Section 10). Many of these limits — habeas corpus, bill of attainder, ex post facto law — protect individual rights. They predate the Bill of Rights and provide protections that overlap with later amendments.