Perspectiva Obscura: Civics 101.1

The first branch of the coequal branch of the United States Government is Congress, the Legislative Branch. Congress consists of the Senate (two senators from each state, elected every six years) and the House of Representative. The number of representatives from each state is determined by counting the population during a census every 10 years. These elected officials must answer to the electorate every two years and are often referred to as the “people’s house.”

This is the first reference of emoluments in the Constitution that prohibits any governmental official from taking something of value from a foreign leader or country without approval of Congress.

The 10 sections to this article include laying out the oversight duties of the legislature, to “advise and consent” with the executive branch for nominees to various positions.

This branch is where the laws and the budgets are written. If bills pass both the House of Representatives and the Senate, it then goes to the executive branch for the president to sign or veto. If the president fails or refuses to sign the legislation, after 10 days (except Sunday) it becomes law. If the bill is returned to Congress after being vetoed, a presidential veto can be over-ridden with a two-thirds vote by both houses of government.

Only Congress can determine how money is spent. In fact, the Constitution states, “The Congress shall have power to … collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States.”

Whether to raise the debt ceiling is also part of Congress’ responsibility along with regulating the value of the currency and establishing post offices.

The Senate has the sole power to impeach any governmental official after impeachment articles are sent over from the House. Those who can be impeached includes a Supreme Court Justice, a federal judge, a vice president or a president. The constitution also says the chief justice of the Supreme Court shall preside over any impeachment trial in the Senate. Removal from office must be by a two-thirds vote of Senators.

The constitution specifically says that if an individual is impeached and removed from office, he can still be indicted and tried by a jury. It is silent on whether a current officeholder can be indicted while holding an elected office, however. It is a Department of Justice policy written during the Watergate Era and confirmed in 2000 to not indict a president while they are in office.

In the history of the United States, the House of Representatives has held 19 impeachment hearings beginning July 7, 1797 and as recently as 2010. There have been 13 district judges, two associate judges of the Supreme Court, two presidents, one secretary of war and one Senator impeached. Of the 19, seven were acquitted, eight were found guilty and removed from office, three resigned before impeachment hearings could be held, and the charges against the Senator was dismissed, but he was barred from ever holding public office because he conspired to assist in Great Britain’s attempting to seize Spanish-controlled territories.

Charges have ranged from intoxication on the bench and unlawful handling of property claims, to charges of abuse of power, to income tax evasion, to lying under oath to a federal grand jury and to obstruction of justice.

Of course, the most famous impeachment of Richard M. Nixon happened in 1974. The House passed three Articles of Impeachment: one for Obstruction of Justice, one for Abuse of Power, and one for Contempt of Congress. Two other articles for the bombing of Cambodia and failure to pay taxes did not pass the House Judiciary Committee.

Back in the 1700s, the Founding Fathers did not envision massive armies marching across the globe. Instead, they envisioned the country being defended by a militia and gave Congress the power to “organize, arm and discipline a well-regulated militia.” Congress also has the power to “to call forth the militia” (including a navy) to enforce the laws of the land and “suppress insurrections and repel invasions.”

Next time Article II — the Executive Branch.