The Legislative Branch

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."

Sections 2–7 — In Brief

• Sec. 2: Establishes the House of Representatives, apportioned by population and elected every two years.
• Sec. 3: Establishes the Senate, with two Senators per state; the Vice President presides and casts tie-breaking votes.
• Sec. 4: Leaves the "Times, Places and Manner" of holding elections to the states, subject to Congress's override.
• Sec. 5: Each chamber judges its own members' elections, sets its own rules, and keeps a public journal.
• Sec. 6: Sets members' compensation and shields them from arrest during sessions, except for treason, felony, or breach of the peace.
• Sec. 7: Requires revenue bills to originate in the House and describes how a bill becomes law, including the presidential veto and Congress's override.

Section 8 — Selected Powers of Congress

The section every commerce, tax, and war-powers case eventually returns to. Selected clauses, verbatim:

• Taxing & Spending Clause

  "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..."

• Commerce Clause

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

• War Powers

  "To declare War... To raise and support Armies... To provide and maintain a Navy."

• Necessary and Proper Clause

  "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers..."

Sections 9–10 — Limits

• Sec. 9: Bars Congress from suspending habeas corpus except in rebellion or invasion, and forbids bills of attainder and ex post facto laws.
• Sec. 10: Places parallel restrictions on the states — no treaties, no coining money, no impairing contracts.