Constitution of United States of America

The United States Congress will consist of two legislative bodies, a House of Representatives and a Senate.

Voters [“electors”] in each state will choose representatives every two years who must be at least 25 years old, live in the state they represent, and have been a citizen of the US for a minimum of seven years. Voters in these elections shall meet the same qualifications as those able to vote to elect officials to “the most numerous Branch of the State Legislature.”

A state’s population determines the number of representatives and those subject to direct taxation. Population is calculated by the number of free people and indentured servants of a state; enslaved peoples are counted as three-fifth of a free or indentured individual. Indigenous Americans are not included in this count. The United States will take a census every 10 years, with the first to be administered three years after the new Congress meets. The number of representatives is limited to one per 30,000 persons. When a representative vacates their seat before their term of office expires, state governors may appoint someone to fill the vacancy. The House of Representatives has the authority to choose a speaker and other officers as well as the power to impeach.

Each state has two senators who are selected by state legislatures and serve terms of six years. Each senator has one vote.

Senators are divided into three “classes” and terms of office are staggered so that no more than one-third of the senators are up for re-election simultaneously. Governors may temporarily appoint senators when a seat is vacated before a senator’s term of office ends.

Senators must be at least 30 years old, live in the state they represent, and be citizens of the country for at least nine years.

The vice president of the United States acts as Senate president and may only vote to break a tie. The senators choose a president pro tempore [second highest official in the Senate] who will act as Senate president when the vice president is unavailable, and senators choose other officers.

Impeachment trials occur in the Senate. The chief justice of the country’s Supreme Court presides over a president’s impeachment trial. Anyone tried for impeachment must be convicted with at least two-thirds of the senators present voting in favor. Impeachment allows only for removal from office and disqualifies the convicted from holding future offices. However, the impeached person may also be subject to judicial proceedings. 

State legislatures recommend the time, location, and “manner” of the elections for members of the US Congress. However, Congress may change such regulations through legislation, excluding the states’ designated location for selecting members of the Senate.

Congress will meet at least once per year on the first Monday of December unless members choose otherwise through legislation.

A House majority makes a quorum and can act as judge of the members’ elections, returns, and qualifications. Adjournment is permitted for a “small Number” on occasion and the House may “compel” absent members to attend session under threat of penalty.

Each body of Congress sets rules of procedure and can issue punishment for “disorderly Behavior.” Likewise, the legislative bodies can expel members with the approval of two-thirds of the body in which the member sits.

Both the House and Senate keep journals of their actions, including a record of members’ votes, that should be published occasionally unless the matter necessitates “Secrecy.”

The House and Senate are forbidden from adjourning for more than three days without the other legislative body’s agreement. They also may not adjourn to alternate locations than where they officially meet.

Members of Senate and House of Representatives are paid by the US Treasury for their service per legislation. Members may not be arrested during their terms of office except in the cases of “Treason, Felony and Breach of the Peace” nor for remarks made during “Speech or Debate.”

Members of Congress are ineligible to serve in other civic positions, and federal officials cannot also be members of Congress.

The House of Representatives is responsible for bills related to revenue raising while the Senate may “propose or concur” with amendments related to these bills.

Legislation that is passed in both the House and Senate goes to the president for approval. Should the president raise objections to the bill, it returns to Congress for revision and reconsideration. Once two-thirds of each legislative body approves the revised bill, it becomes law. If the president fails to a bill to the president within 10 days, it becomes law with exception of congressional adjournment making the bill’s return impossible. Congressional orders and resolutions, excluding adjournment, must also be “presented to the President” who may disapprove of them but which Congress can repass with a two-thirds vote in each legislative body.

This article outlines various powers delegated to Congress. For example, power resides with Congress to levy uniform taxes and duties to pay the nation’s debts, provide for defense, and the “general Welfare” of the US. Congress may also borrow money, regulate international trade and interstate commerce, as well as trade with Indigenous Americans.

Congress has the authority to regulate naturalization and bankruptcy laws throughout the United States, as well as to mint coinage along with some other matters of financial infrastructure. Congress secures copyright laws, declares war, and appropriates funds for military use, including the organization and arming of “the Militia.” Congress also has the power to “exercise exclusive Legislation” over the nation’s capital.

Congress is authorized to make laws that allow the two houses to exercise the various powers outlined in this article.

Congress will not prevent the “Migration or Importation” of peoples into existing states before 1808, though it can levy taxes on the importation of enslaved peoples not to exceed $10 per head.

Congress cannot suspend the writ of habeas corpus, except during times of rebellion, invasion, or other instances of threats to public safety.

Congress cannot declare individuals guilty of criminal activity without a trial nor can it impose laws retroactively.

Congress cannot extract export duties from states, nor can it impose taxes on states that are disproportionate to their census data.

Congress will not favor one state’s ports over another when regulating commerce or revenue, and it will not compel cargo vessels to enter or pay duties in another state.

Congress will use treasury funds that have been legally appropriated and will occasionally publish records of this spending.

The US will not grant titles of nobility, nor will government officials accept titles, offices, or gifts from foreign nations or rulers without congressional approval.

States may not independently mint coinage nor can they build alliances or make treaties with other nations. They may not grant titles of nobility or pass a “Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts.”

States cannot impose import and export duties without congressional approval apart from a fee that covers the cost of the goods’ inspection. Import taxes that states collect go to the US Treasury.

States cannot impose tonnage duties, maintain their own armies or navies, take up “any Agreement or Compact” with other countries or states, and they cannot make war without Congress’s permission unless the state is invaded or is in “imminent Danger.”