Part 2: What does the Constitution Say?

Legislative Branch-The House of Representatives

Article I divides Congress into the House of Representatives and the Senate. Under the Articles of Confederation there was only one. Section 1 of Article I also states that the power to make laws is expressly given to the Congress.

Section 2 lays out the method of choosing members and the qualifications of those that wish to serve in the House of Representatives. The provisions are as follows:

1. The House will be made up of members elected every second year of the presidency by the people of their state.

2. Candidates must be at least 25 years old

3. Candidates must have been a US citizen for at least 7 years.

4. At the time of their election candidates must live in the state they want to represent.

This section continues with the number of Representatives per state and taxation. It also addresses vacancies and the selection of officials for the House. Each state is allowed one representative for every 30,000 people and every 10 years a census is mandated to make sure each state has appropriate representation. When originally written, slavery was legal and women were not allowed to vote. These issues and the matter of taxation have since been resolved by Amendments 14-16.  More on that later.

If a seat in the House is vacated, the members cannot choose a replacement. Neither can the Governor of the former representative’s state. The Governor must arrange for a special election so the people can elect their representative. Further, the members of the house are given the right to choose their own speaker and other officers.

Next: The Senate

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The United States Constitution

We can’t begin to accurately understand our rights here in the US without first having a basic understanding of our Constitution.  Since I feel sure most of you would rather have your eyelashes plucked out than take time to read it, I am doing it for you.  I confess that I felt the same way when I began, but, once I started, I couldn’t turn back.  I have a clearer picture now than I did before.  You will too.

The U.S. Constitution is one of the world’s oldest surviving constitutions and has been used as a model by countries around the world. Despite its age and the changes in our culture since its creation, it is still the basis of our federal law and the document that guarantees our rights.  But why and how did it replace the Articles of Confederation?

The Articles provided a very weak government and its flaws became apparent even before it was approved by all the states. One of its weaknesses was the inability to levy taxes. If Congress needed funding for a government project of any kind, they could ask the other states for their share but the states were not compelled to provide it.

Another flaw was the number of votes required to make an amendment. If any change was deemed necessary, all thirteen states had to agree. If there was an important piece of legislation needed, 9 of the 13 had to agree. This was troublesome because often members of the delegation would be absent thereby making the required laws difficult to pass.

In 1787, the process that led to the Constitution as we know it began. Following the poor turnout of delegates for a convention in Annapolis, the attendees reported to their respective states that another convention was needed to address the problems with the existing system of government as formed under the Articles.

It took from May 25 to September 17 of that year, but they finally created a document they could support. Under the Articles of Confederation only nine states had to ratify the new Constitution for it to take effect. The first state to approve and accept this new Constitution was Delaware on December 7. By July 26, 1788, they had 11 states with New York being the last. The Constitution of the United States officially became the law of the land September 13, 1788.

Next: What Does the Constitution Say?

 

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