Compare text

Find the difference between two text files

Real-time diff

Unified diff

Collapse lines

Highlight change

Syntax highlighting

Tools

Diffchecker Desktop The most secure way to run Diffchecker. Get the Diffchecker Desktop app: your diffs never leave your computer!Get Desktop

Annotated Constitution

Created 3 months agoDiff never expires

Lines
Total
Removed

Words
Total
Removed

To continue using this feature, upgrade to Diffchecker Pro View Pricing

356 lines

Lines
Total
Added

Words
Total
Added

To continue using this feature, upgrade to Diffchecker Pro View Pricing

350 lines

Website: https://web.archive.org/web/20250309134459/https://constitution.congress.gov/browse/article-1/

Website: https://constitution.congress.gov/browse/article-1/

Date: 3/9/2025

Date: 8/6/2025

Browse the Constitution Annotated

Article I Legislative Branch

ArtI.1Overview of Article I, Legislative Branch

Section 1 Legislative Vesting Clause

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.

ArtI.S1.1Overview of Legislative Vesting Clause

ArtI.S1.2 Historical Background

ArtI.S1.2.1Origin of Limits on Federal Power

ArtI.S1.2.2Origin of a Bicameral Congress

ArtI.S1.2.3The Great Compromise of the Constitutional Convention

ArtI.S1.2.4Legislative Power and the Executive and Judicial Branches

ArtI.S1.3 Legislative Power in the Constitutional Framework

ArtI.S1.3.1Separation of Powers and Checks and Balances

ArtI.S1.3.2Functional and Formalist Approaches to Separation of Powers

ArtI.S1.3.3Enumerated, Implied, Resulting, and Inherent Powers

ArtI.S1.3.4Bicameralism

ArtI.S1.4 Delegations of Legislative Power

ArtI.S1.4.1Overview of Delegations of Legislative Power

ArtI.S1.4.2Historical Background on Delegating Legislative Power

ArtI.S1.4.3Delegating Legislative Power to Fill Up the Details

ArtI.S1.4.4Contingent Delegations and Nondelegation Doctrine

ArtI.S1.5 Nondelegation Doctrine

ArtI.S1.5.1Overview of Nondelegation Doctrine

ArtI.S1.5.2Historical Background on Nondelegation Doctrine

ArtI.S1.5.3Origin of Intelligible Principle Standard

ArtI.S1.5.4Nature and Scope of Intelligible Principle Doctrine

ArtI.S1.5.5Agency Discretion, Chevron Deference, and Loper Bright Enterprises v. Raimondo

ArtI.S1.5.6Major Questions Doctrine and Canons of Statutory Construction

ArtI.S1.6 Categories of Legislative Power Delegations

ArtI.S1.6.1Criminal Statutes and Nondelegation Doctrine

ArtI.S1.6.2Delegations of Foreign and Military Affairs to the President

ArtI.S1.6.3States and Legislative Power Delegations

ArtI.S1.6.4Quasi-Governmental Entities and Legislative Power Delegations

ArtI.S1.6.5Private Entities and Legislative Power Delegations

ArtI.S1.6.6Taxes and Delegations of Legislative Power Delegations

ArtI.S1.6.7Individual Liberties and Delegations of Legislative Power

Section 2 House of Representatives

Clause 1 Composition

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.

ArtI.S2.C1.1Congressional Districting

ArtI.S2.C1.2Voter Qualifications for House of Representatives Elections

Clause 2 Qualifications

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.

ArtI.S2.C2.1Overview of House Qualifications Clause

ArtI.S2.C2.2Ability of Congress to Change Qualifications for Members

ArtI.S2.C2.3Ability of States to Add Qualifications for Members

Clause 3 Seats

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.

ArtI.S2.C3.1Enumeration Clause and Apportioning Seats in the House of Representatives

Clause 4 Vacancies

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

ArtI.S2.C4.1House Vacancies Clause

Clause 5 Impeachment

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

ArtI.S2.C5.1Overview of Impeachment

ArtI.S2.C5.2Historical Background on Impeachment

ArtI.S2.C5.3Impeachment Doctrine

ArtI.S2.C5.4Alternatives to Impeachment

Section 3 Senate

Clause 1 Composition

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.

ArtI.S3.C1.1Equal Representation of States in the Senate

ArtI.S3.C1.2Historical Background on State Voting Rights in Congress

ArtI.S3.C1.3Selection of Senators by State Legislatures

ArtI.S3.C1.4Six-Year Senate Terms

Clause 2 Seats

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.

ArtI.S3.C2.1Staggered Senate Elections

ArtI.S3.C2.2Senate Vacancies Clause

Clause 3 Qualifications

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.

ArtI.S3.C3.1Overview of Senate Qualifications Clause

ArtI.S3.C3.2When Senate Qualifications Requirements Must Be Met

ArtI.S3.C3.3Congress's Ability to Change Qualifications Requirements for Senate

ArtI.S3.C3.4States' Ability to Change Qualifications Requirements for Senate

Clause 4 President

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

ArtI.S3.C4.1President of the Senate

Clause 5 Officers

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.

ArtI.S3.C5.1Senate Officers

Clause 6 Impeachment Trials

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.

ArtI.S3.C6.1Overview of Impeachment Trials

ArtI.S3.C6.2Historical Background on Impeachment Trials

ArtI.S3.C6.3Impeachment Trial Practices

ArtI.S3.C6.4Oath or Affirmation Requirement in Impeachment Trials

ArtI.S3.C6.5Impeaching the President

Clause 7 Impeachment Judgments

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.

ArtI.S3.C7.1Overview of Impeachment Judgments

ArtI.S3.C7.2Doctrine on Impeachment Judgments

Section 4 Congress

Clause 1 Elections Clause

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.

ArtI.S4.C1.1Historical Background on Elections Clause

ArtI.S4.C1.2States and Elections Clause

ArtI.S4.C1.3Congress and Elections Clause

Clause 2 Assembly

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.

ArtI.S4.C2.1When Congress Shall Assemble

Section 5 Proceedings

Clause 1 Authority

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.

ArtI.S5.C1.1Congressional Authority over Elections, Returns, and Qualifications

ArtI.S5.C1.2Quorums in Congress

Clause 2 Rules

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.

ArtI.S5.C2.1Congressional Proceedings and the Rulemaking Clause

ArtI.S5.C2.2 Punishments and Expulsions from Congress

ArtI.S5.C2.2.1Overview of Expulsion Clause

ArtI.S5.C2.2.2Historical Background on Expulsion Clause

ArtI.S5.C2.2.3Judicial Interpretations of Expulsion Clause

ArtI.S5.C2.2.4Misconduct That Occurred in Office

ArtI.S5.C2.2.5Misconduct Occurring Prior to Election or Reelection

ArtI.S5.C2.2.6House of Representatives Treatment of Prior Misconduct

ArtI.S5.C2.2.7Senate Treatment of Prior Misconduct

Clause 3 Records

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.

ArtI.S5.C3.1Requirement that Congress Keep a Journal

Clause 4 Sessions

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.

ArtI.S5.C4.1Adjournment of Congress

Section 6 Rights and Disabilities

Clause 1 Pay, Privileges, and Immunities

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.

ArtI.S6.C1.1Compensation of Members of Congress

ArtI.S6.C1.2Privilege from Arrest

ArtI.S6.C1.3 Speech or Debate

ArtI.S6.C1.3.1Overview of Speech or Debate Clause

ArtI.S6.C1.3.2Historical Background on Speech or Debate Clause

ArtI.S6.C1.3.3Activities to Which Speech or Debate Clause Applies

ArtI.S6.C1.3.4Distraction Rationale and Speech or Debate Clause

ArtI.S6.C1.3.5Communications Outside the Legislative Process

ArtI.S6.C1.3.6Subpoena Power and Congress

ArtI.S6.C1.3.7Persons Who Can Claim the Speech or Debate Privilege

Clause 2 Bar on Holding Federal Office

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.

ArtI.S6.C2.1Overview of Federal Office Prohibition

ArtI.S6.C2.2Ineligibility Clause (Emoluments or Sinecure Clause) and Congress

ArtI.S6.C2.3Incompatibility Clause and Congress

Section 7 Legislation

Clause 1 Revenue

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.

ArtI.S7.C1.1Origination Clause and Revenue Bills

Clause 2 Role of President

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.

ArtI.S7.C2.1Overview of Presidential Approval or Veto of Bills

ArtI.S7.C2.2Veto Power

ArtI.S7.C2.3Line Item Veto

ArtI.S7.C2.4Legislative Veto

Clause 3 Process

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.

ArtI.S7.C3.1Presentation of Senate or House Resolutions

Section 8 Enumerated Powers

ArtI.S8.1Overview of Congress's Enumerated Powers

Clause 1 General Welfare

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;

ArtI.S8.C1.1 Taxing Power

ArtI.S8.C1.1.1Overview of Taxing Clause

ArtI.S8.C1.1.2Historical Background on Taxing Power

ArtI.S8.C1.1.3Uniformity Clause and Indirect Taxes

ArtI.S8.C1.1.4Taxes to Regulate Conduct

ArtI.S8.C1.1.5Intergovernmental Tax Immunity Doctrine

ArtI.S8.C1.2 Spending Power

ArtI.S8.C1.2.1Overview of Spending Clause

ArtI.S8.C1.2.2Historical Background on Spending Clause

ArtI.S8.C1.2.3Early Spending Clause Jurisprudence

ArtI.S8.C1.2.4Modern Spending Clause Jurisprudence Generally

ArtI.S8.C1.2.5Clear Notice Requirement and Spending Clause

ArtI.S8.C1.2.6Anti-Coercion Requirement and Spending Clause

ArtI.S8.C1.2.7General Welfare, Relatedness, and Independent Constitutional Bars

Clause 2 Borrowing

To borrow Money on the credit of the United States;

ArtI.S8.C2.1Borrowing Power of Congress

Clause 3 Commerce

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

ArtI.S8.C3.1Overview of Commerce Clause

ArtI.S8.C3.2Meaning of Commerce

ArtI.S8.C3.3Meaning of Among the Several States in the Commerce Clause

ArtI.S8.C3.4Meaning of Regulate in the Commerce Clause

ArtI.S8.C3.5 Historical Background

ArtI.S8.C3.5.1Sherman Antitrust Act of 1890 and Sugar Trust Case

ArtI.S8.C3.5.2Current of Commerce Concept and 1905 Swift Case

ArtI.S8.C3.5.3Packers and Stockyards Act of 1921 and Grain Futures Act of 1922

ArtI.S8.C3.5.4New Deal Legislation Generally

ArtI.S8.C3.5.5National Industrial Recovery and Agricultural Adjustment Acts of 1933

ArtI.S8.C3.5.6Railroad Retirement and Securities Exchange Acts of 1934

ArtI.S8.C3.5.7Public Utility Holding Company and Bituminous Coal Conservation Acts of 1935

ArtI.S8.C3.5.8National Labor Relations Act of 1935

ArtI.S8.C3.5.9Agricultural Marketing Agreement Act of 1937

ArtI.S8.C3.5.10Fair Labor Standards Act of 1938

ArtI.S8.C3.5.11Dual Federalism and Commerce Clause

ArtI.S8.C3.6 Modern Doctrine

ArtI.S8.C3.6.1United States v. Lopez and Interstate Commerce Clause

ArtI.S8.C3.6.2Channels of Interstate Commerce

ArtI.S8.C3.6.3Persons or Things in and Instrumentalities of Interstate Commerce

ArtI.S8.C3.6.4Intrastate Activities Having a Substantial Relation to Interstate Commerce

ArtI.S8.C3.6.5Limits on Federal Regulation of Intrastate Activity

ArtI.S8.C3.6.6Regulation of Activity Versus Inactivity

ArtI.S8.C3.6.7Regulation of Interstate Commerce to Achieve Policy Goals

ArtI.S8.C3.6.8Civil Rights and Commerce Clause

ArtI.S8.C3.6.9Criminal Law and Commerce Clause

ArtI.S8.C3.7 Dormant Commerce Clause

ArtI.S8.C3.7.1Overview of Dormant Commerce Clause

ArtI.S8.C3.7.2Historical Background on Dormant Commerce Clause

ArtI.S8.C3.7.3Early Dormant Commerce Clause Jurisprudence

ArtI.S8.C3.7.4Modern Dormant Commerce Clause Jurisprudence Generally

ArtI.S8.C3.7.5General Prohibition on Facial Discrimination

ArtI.S8.C3.7.6State Proprietary Activity (Market Participant) Exception

ArtI.S8.C3.7.7Congressional Authorization of Otherwise Impermissible State Action

ArtI.S8.C3.7.8Facially Neutral Laws and Dormant Commerce Clause

ArtI.S8.C3.7.9Local Laws and Traditional Government Functions

ArtI.S8.C3.7.10Foreign Commerce and State Powers

ArtI.S8.C3.7.11 State Taxation

ArtI.S8.C3.7.11.1Overview of State Taxation and Dormant Commerce Clause

ArtI.S8.C3.7.11.2Early Dormant Commerce Clause Jurisprudence and State Taxation

ArtI.S8.C3.7.11.3Modern Dormant Commerce Clause Jurisprudence and State Taxation

ArtI.S8.C3.7.11.4Nexus Prong of Complete Auto Test for Taxes on Interstate Commerce

ArtI.S8.C3.7.11.5Apportionment Prong of Complete Auto Test for Taxes on Interstate Commerce

ArtI.S8.C3.7.11.6Discrimination Prong of Complete Auto Test for Taxes on Interstate Commerce

ArtI.S8.C3.7.11.7Benefit Prong of Complete Auto Test for Taxes on Interstate Commerce

ArtI.S8.C3.8 Foreign

ArtI.S8.C3.8.1Overview of Foreign Commerce Clause

ArtI.S8.C3.8.2Instruments of Commerce

ArtI.S8.C3.9 Indian Tribes

ArtI.S8.C3.9.1Scope of Commerce Clause Authority and Indian Tribes

ArtI.S8.C3.9.2Restrictions on State Powers, Indian Tribes, and Commerce Clause

Clause 4 Uniform Laws

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

ArtI.S8.C4.1 Naturalization

ArtI.S8.C4.1.1Overview of Naturalization Clause

ArtI.S8.C4.1.2 Historical Background

ArtI.S8.C4.1.2.1British and American Colonial Naturalization

ArtI.S8.C4.1.2.2Constitutional Convention and Naturalization

ArtI.S8.C4.1.2.3Early U.S. Naturalization Laws

ArtI.S8.C4.1.2.4Naturalization as an Exclusive Power of Congress

ArtI.S8.C4.1.2.5Collective Naturalization (1800–1900)

ArtI.S8.C4.1.3Post-1900 Naturalization Doctrine Generally

ArtI.S8.C4.1.4 Children

ArtI.S8.C4.1.4.1Citizenship and Children Born Abroad

ArtI.S8.C4.1.4.2Naturalization and Rogers v. Bellei

ArtI.S8.C4.1.4.3Naturalization and Sessions v. Morales-Santana

ArtI.S8.C4.1.5 Denaturalization

ArtI.S8.C4.1.5.1Denaturalization (Revoking Citizenship) Generally

ArtI.S8.C4.1.5.2Early Denaturalization Jurisprudence

ArtI.S8.C4.1.5.3Limits to Congress's Denaturalization Power

ArtI.S8.C4.1.5.4Unlawful Procurement of Citizenship

ArtI.S8.C4.1.5.5Concealing Material Facts When Procuring Citizenship

ArtI.S8.C4.1.6 Expatriation

ArtI.S8.C4.1.6.1Expatriation (Termination of Citizenship) Generally

ArtI.S8.C4.1.6.2Development of Expatriation Doctrine

ArtI.S8.C4.1.6.3Expatriation Legislation

ArtI.S8.C4.1.6.4Judicial Recognition of Congress's Expatriation Power

ArtI.S8.C4.1.6.5Judicial Limits on Congress's Expatriation Power

ArtI.S8.C4.2 Bankruptcy

ArtI.S8.C4.2.1Overview of Bankruptcy Clause

ArtI.S8.C4.2.2Historical Background on Bankruptcy Clause

ArtI.S8.C4.2.3Scope of Federal Bankruptcy Clause

ArtI.S8.C4.2.4Expansion of the Scope of Bankruptcy Power

ArtI.S8.C4.2.5Constitutional Limits on Bankruptcy Power

ArtI.S8.C4.2.6Restrictions on State Bankruptcy Power

Clause 5 Standards

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

ArtI.S8.C5.1Congress's Coinage Power

Clause 6 Counterfeiters

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

ArtI.S8.C6.1Congress's Power to Punish Counterfeiting

Clause 7 Post Offices

To establish Post Offices and post Roads;

ArtI.S8.C7.1Historical Background on Postal Power

ArtI.S8.C7.2Power to Protect the Mails

ArtI.S8.C7.3Power to Prevent Harmful Use of Postal Facilities

ArtI.S8.C7.4Exclusive Power Over Post Offices as an Adjunct to Other Powers

ArtI.S8.C7.5Restrictions on State Power Over Post Offices

Clause 8 Intellectual Property

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;

ArtI.S8.C8.1Overview of Congress's Power Over Intellectual Property

ArtI.S8.C8.2 Historical Background

ArtI.S8.C8.2.1English Origins of Intellectual Property Law

ArtI.S8.C8.2.2Framing and Ratification of Intellectual Property Clause

ArtI.S8.C8.3 Copyrights

ArtI.S8.C8.3.1Authorship, Writings, and Originality

ArtI.S8.C8.3.2Limited Times for Copyrights and the Progress of Science

ArtI.S8.C8.3.3Copyright and the First Amendment

ArtI.S8.C8.4 Patents

ArtI.S8.C8.4.1Inventorship and Utility

ArtI.S8.C8.4.2Patent-Eligible Subject Matter

ArtI.S8.C8.4.3Constitutional Constraints on Congress's Power Over Granted Patents

ArtI.S8.C8.5Federal Power Over Trademarks

ArtI.S8.C8.6State Regulation of Intellectual Property

Clause 9 Courts

To constitute Tribunals inferior to the supreme Court;

ArtI.S8.C9.1Inferior Federal Courts

Clause 10 Maritime Crimes

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

ArtI.S8.C10.1Historical Background on Maritime Crimes

ArtI.S8.C10.2Definition of Maritime Crimes and Offenses

ArtI.S8.C10.3Extraterritorial Reach

Clause 11 War Powers

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

ArtI.S8.C11.1 Congressional War Powers

ArtI.S8.C11.1.1Overview of Congressional War Powers

ArtI.S8.C11.1.2Breadth of Congressional War Powers

ArtI.S8.C11.2 Declare War Clause

ArtI.S8.C11.2.1Overview of Declare War Clause

ArtI.S8.C11.2.2 Historical Background

ArtI.S8.C11.2.2.1War Powers Before the Constitution

ArtI.S8.C11.2.2.2Early Debates on War Powers in the Constitutional Convention

ArtI.S8.C11.2.2.3Make War and Declare War at the Constitutional Convention

ArtI.S8.C11.2.2.4Constitutional Convention Debates on the Power to End Wars

ArtI.S8.C11.2.2.5Declare War Clause and State Ratification Debates on the Constitution

ArtI.S8.C11.2.3Declarations of War vs. Authorizations for Use of Military Force (AUMF)

ArtI.S8.C11.2.4Legislative and Executive Branch Views on the Declare War Clause

ArtI.S8.C11.2.5 Supreme Court Jurisprudence and Interbranch Practice

ArtI.S8.C11.2.5.1Overview of Supreme Court Jurisprudence and War Powers

ArtI.S8.C11.2.5.2Quasi War with France from 1798–1800 and War Powers

ArtI.S8.C11.2.5.3War of 1812, Mexican War, and War Powers

ArtI.S8.C11.2.5.4Civil War, War Powers, and The Prize Cases

ArtI.S8.C11.2.5.5Civil War, and Executive and Legislative Powers

ArtI.S8.C11.2.5.6From the Spanish American War to World War I and Total War

ArtI.S8.C11.2.5.7World War II and the Use of War Powers

ArtI.S8.C11.2.5.8Cold War Military Action, NATO, and the United Nations

ArtI.S8.C11.2.5.9International Police Action and the Korean War

ArtI.S8.C11.2.5.10Presidential and Congressional Power in the Vietnam War

ArtI.S8.C11.2.5.11Post-Cold War Presidential Authority and Persian Gulf War of 1991

ArtI.S8.C11.2.5.12September 11, 2001 Terrorist Attacks and War Powers

ArtI.S8.C11.2.5.13Presidential Power in 2003 Iraq War and Other 21st-Century Operations

ArtI.S8.C11.2.6Enemy Property and Congress's War Powers

ArtI.S8.C11.2.7Prizes of War and Congress's War Powers

Clause 12 Army

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

ArtI.S8.C12.1Historical Background on Congress's Authority to Raise and Support Armies

ArtI.S8.C12.1Overview of the Army Clause

ArtI.S8.C12.2Time Limits on Appropriations for Army

ArtI.S8.C12.2 Historical Background

ArtI.S8.C12.3Conscription

ArtI.S8.C12.2.1The Early American Experience with Standing Armies

Clause 13 Navy

ArtI.S8.C12.2.2Debate over the Army Clause at the Federal Convention

To provide and maintain a Navy;

ArtI.S8.C12.2.3Debate over the Army Clause in the State Ratifying Conventions

ArtI.S8.C13.1Congress's Naval Powers

ArtI.S8.C12.2.4Time Limits on Army Appropriations

Clause 14 Land and Naval Forces Rules

ArtI.S8.C12.2.5The Army Clause, Congressional Power, Conscription, and War Materials

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

ArtI.S8.C14.1Care of Armed Forces

ArtI.S8.C14.2Trial and Punishment of Servicemen (Courts-Martial)

ArtI.S8.C14.3Trial and Punishment of Civilians and Dependents (Courts-Martial)

Clause 15 Calling Militias

To provide for

Saved diffs

Original text

Open file

Website: https://web.archive.org/web/20250309134459/https://constitution.congress.gov/browse/article-1/
Date: 3/9/2025

Browse the Constitution Annotated
Article I  Legislative Branch
ArtI.1Overview of Article I, Legislative Branch
Section 1 Legislative Vesting Clause
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.

ArtI.S1.1Overview of Legislative Vesting Clause
ArtI.S1.2 Historical Background
ArtI.S1.2.1Origin of Limits on Federal Power
ArtI.S1.2.2Origin of a Bicameral Congress
ArtI.S1.2.3The Great Compromise of the Constitutional Convention
ArtI.S1.2.4Legislative Power and the Executive and Judicial Branches
ArtI.S1.3 Legislative Power in the Constitutional Framework
ArtI.S1.3.1Separation of Powers and Checks and Balances
ArtI.S1.3.2Functional and Formalist Approaches to Separation of Powers
ArtI.S1.3.3Enumerated, Implied, Resulting, and Inherent Powers
ArtI.S1.3.4Bicameralism
ArtI.S1.4 Delegations of Legislative Power
ArtI.S1.4.1Overview of Delegations of Legislative Power
ArtI.S1.4.2Historical Background on Delegating Legislative Power
ArtI.S1.4.3Delegating Legislative Power to Fill Up the Details
ArtI.S1.4.4Contingent Delegations and Nondelegation Doctrine
ArtI.S1.5 Nondelegation Doctrine
ArtI.S1.5.1Overview of Nondelegation Doctrine
ArtI.S1.5.2Historical Background on Nondelegation Doctrine
ArtI.S1.5.3Origin of Intelligible Principle Standard
ArtI.S1.5.4Nature and Scope of Intelligible Principle Doctrine
ArtI.S1.5.5Agency Discretion, Chevron Deference, and Loper Bright Enterprises v. Raimondo
ArtI.S1.5.6Major Questions Doctrine and Canons of Statutory Construction
ArtI.S1.6 Categories of Legislative Power Delegations
ArtI.S1.6.1Criminal Statutes and Nondelegation Doctrine
ArtI.S1.6.2Delegations of Foreign and Military Affairs to the President
ArtI.S1.6.3States and Legislative Power Delegations
ArtI.S1.6.4Quasi-Governmental Entities and Legislative Power Delegations
ArtI.S1.6.5Private Entities and Legislative Power Delegations
ArtI.S1.6.6Taxes and Delegations of Legislative Power Delegations
ArtI.S1.6.7Individual Liberties and Delegations of Legislative Power
Section 2 House of Representatives

Clause 1 Composition
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.
ArtI.S2.C1.1Congressional Districting
ArtI.S2.C1.2Voter Qualifications for House of Representatives Elections
Clause 2 Qualifications
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.
ArtI.S2.C2.1Overview of House Qualifications Clause
ArtI.S2.C2.2Ability of Congress to Change Qualifications for Members
ArtI.S2.C2.3Ability of States to Add Qualifications for Members
Clause 3 Seats
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.
ArtI.S2.C3.1Enumeration Clause and Apportioning Seats in the House of Representatives
Clause 4 Vacancies
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
ArtI.S2.C4.1House Vacancies Clause
Clause 5 Impeachment
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
ArtI.S2.C5.1Overview of Impeachment
ArtI.S2.C5.2Historical Background on Impeachment
ArtI.S2.C5.3Impeachment Doctrine
ArtI.S2.C5.4Alternatives to Impeachment
Section 3 Senate

Clause 1 Composition
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.
ArtI.S3.C1.1Equal Representation of States in the Senate
ArtI.S3.C1.2Historical Background on State Voting Rights in Congress
ArtI.S3.C1.3Selection of Senators by State Legislatures
ArtI.S3.C1.4Six-Year Senate Terms
Clause 2 Seats
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.
ArtI.S3.C2.1Staggered Senate Elections
ArtI.S3.C2.2Senate Vacancies Clause
Clause 3 Qualifications
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.
ArtI.S3.C3.1Overview of Senate Qualifications Clause
ArtI.S3.C3.2When Senate Qualifications Requirements Must Be Met
ArtI.S3.C3.3Congress's Ability to Change Qualifications Requirements for Senate
ArtI.S3.C3.4States' Ability to Change Qualifications Requirements for Senate
Clause 4 President
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
ArtI.S3.C4.1President of the Senate
Clause 5 Officers
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.
ArtI.S3.C5.1Senate Officers
Clause 6 Impeachment Trials
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.
ArtI.S3.C6.1Overview of Impeachment Trials
ArtI.S3.C6.2Historical Background on Impeachment Trials
ArtI.S3.C6.3Impeachment Trial Practices
ArtI.S3.C6.4Oath or Affirmation Requirement in Impeachment Trials
ArtI.S3.C6.5Impeaching the President
Clause 7 Impeachment Judgments
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.
ArtI.S3.C7.1Overview of Impeachment Judgments
ArtI.S3.C7.2Doctrine on Impeachment Judgments
Section 4 Congress

Clause 1 Elections Clause
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.
ArtI.S4.C1.1Historical Background on Elections Clause
ArtI.S4.C1.2States and Elections Clause
ArtI.S4.C1.3Congress and Elections Clause
Clause 2 Assembly
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.
ArtI.S4.C2.1When Congress Shall Assemble
Section 5 Proceedings

Clause 1 Authority
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.
ArtI.S5.C1.1Congressional Authority over Elections, Returns, and Qualifications
ArtI.S5.C1.2Quorums in Congress
Clause 2 Rules
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.
ArtI.S5.C2.1Congressional Proceedings and the Rulemaking Clause
ArtI.S5.C2.2 Punishments and Expulsions from Congress
ArtI.S5.C2.2.1Overview of Expulsion Clause
ArtI.S5.C2.2.2Historical Background on Expulsion Clause
ArtI.S5.C2.2.3Judicial Interpretations of Expulsion Clause
ArtI.S5.C2.2.4Misconduct That Occurred in Office
ArtI.S5.C2.2.5Misconduct Occurring Prior to Election or Reelection
ArtI.S5.C2.2.6House of Representatives Treatment of Prior Misconduct
ArtI.S5.C2.2.7Senate Treatment of Prior Misconduct
Clause 3 Records
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.
ArtI.S5.C3.1Requirement that Congress Keep a Journal
Clause 4 Sessions
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.
ArtI.S5.C4.1Adjournment of Congress
Section 6 Rights and Disabilities

Clause 1 Pay, Privileges, and Immunities
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.
ArtI.S6.C1.1Compensation of Members of Congress
ArtI.S6.C1.2Privilege from Arrest
ArtI.S6.C1.3 Speech or Debate
ArtI.S6.C1.3.1Overview of Speech or Debate Clause
ArtI.S6.C1.3.2Historical Background on Speech or Debate Clause
ArtI.S6.C1.3.3Activities to Which Speech or Debate Clause Applies
ArtI.S6.C1.3.4Distraction Rationale and Speech or Debate Clause
ArtI.S6.C1.3.5Communications Outside the Legislative Process
ArtI.S6.C1.3.6Subpoena Power and Congress
ArtI.S6.C1.3.7Persons Who Can Claim the Speech or Debate Privilege
Clause 2 Bar on Holding Federal Office
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.
ArtI.S6.C2.1Overview of Federal Office Prohibition
ArtI.S6.C2.2Ineligibility Clause (Emoluments or Sinecure Clause) and Congress
ArtI.S6.C2.3Incompatibility Clause and Congress
Section 7 Legislation

Clause 1 Revenue
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.
ArtI.S7.C1.1Origination Clause and Revenue Bills
Clause 2 Role of President
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.
ArtI.S7.C2.1Overview of Presidential Approval or Veto of Bills
ArtI.S7.C2.2Veto Power
ArtI.S7.C2.3Line Item Veto
ArtI.S7.C2.4Legislative Veto
Clause 3 Process
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.
ArtI.S7.C3.1Presentation of Senate or House Resolutions
Section 8 Enumerated Powers

ArtI.S8.1Overview of Congress's Enumerated Powers
Clause 1 General Welfare
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;
ArtI.S8.C1.1 Taxing Power
ArtI.S8.C1.1.1Overview of Taxing Clause
ArtI.S8.C1.1.2Historical Background on Taxing Power
ArtI.S8.C1.1.3Uniformity Clause and Indirect Taxes
ArtI.S8.C1.1.4Taxes to Regulate Conduct
ArtI.S8.C1.1.5Intergovernmental Tax Immunity Doctrine
ArtI.S8.C1.2 Spending Power
ArtI.S8.C1.2.1Overview of Spending Clause
ArtI.S8.C1.2.2Historical Background on Spending Clause
ArtI.S8.C1.2.3Early Spending Clause Jurisprudence
ArtI.S8.C1.2.4Modern Spending Clause Jurisprudence Generally
ArtI.S8.C1.2.5Clear Notice Requirement and Spending Clause
ArtI.S8.C1.2.6Anti-Coercion Requirement and Spending Clause
ArtI.S8.C1.2.7General Welfare, Relatedness, and Independent Constitutional Bars
Clause 2 Borrowing
To borrow Money on the credit of the United States;
ArtI.S8.C2.1Borrowing Power of Congress
Clause 3 Commerce
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
ArtI.S8.C3.1Overview of Commerce Clause
ArtI.S8.C3.2Meaning of Commerce
ArtI.S8.C3.3Meaning of Among the Several States in the Commerce Clause
ArtI.S8.C3.4Meaning of Regulate in the Commerce Clause
ArtI.S8.C3.5 Historical Background
ArtI.S8.C3.5.1Sherman Antitrust Act of 1890 and Sugar Trust Case
ArtI.S8.C3.5.2Current of Commerce Concept and 1905 Swift Case
ArtI.S8.C3.5.3Packers and Stockyards Act of 1921 and Grain Futures Act of 1922
ArtI.S8.C3.5.4New Deal Legislation Generally
ArtI.S8.C3.5.5National Industrial Recovery and Agricultural Adjustment Acts of 1933
ArtI.S8.C3.5.6Railroad Retirement and Securities Exchange Acts of 1934
ArtI.S8.C3.5.7Public Utility Holding Company and Bituminous Coal Conservation Acts of 1935
ArtI.S8.C3.5.8National Labor Relations Act of 1935
ArtI.S8.C3.5.9Agricultural Marketing Agreement Act of 1937
ArtI.S8.C3.5.10Fair Labor Standards Act of 1938
ArtI.S8.C3.5.11Dual Federalism and Commerce Clause
ArtI.S8.C3.6 Modern Doctrine
ArtI.S8.C3.6.1United States v. Lopez and Interstate Commerce Clause
ArtI.S8.C3.6.2Channels of Interstate Commerce
ArtI.S8.C3.6.3Persons or Things in and Instrumentalities of Interstate Commerce
ArtI.S8.C3.6.4Intrastate Activities Having a Substantial Relation to Interstate Commerce
ArtI.S8.C3.6.5Limits on Federal Regulation of Intrastate Activity
ArtI.S8.C3.6.6Regulation of Activity Versus Inactivity
ArtI.S8.C3.6.7Regulation of Interstate Commerce to Achieve Policy Goals
ArtI.S8.C3.6.8Civil Rights and Commerce Clause
ArtI.S8.C3.6.9Criminal Law and Commerce Clause
ArtI.S8.C3.7 Dormant Commerce Clause
ArtI.S8.C3.7.1Overview of Dormant Commerce Clause
ArtI.S8.C3.7.2Historical Background on Dormant Commerce Clause
ArtI.S8.C3.7.3Early Dormant Commerce Clause Jurisprudence
ArtI.S8.C3.7.4Modern Dormant Commerce Clause Jurisprudence Generally
ArtI.S8.C3.7.5General Prohibition on Facial Discrimination
ArtI.S8.C3.7.6State Proprietary Activity (Market Participant) Exception
ArtI.S8.C3.7.7Congressional Authorization of Otherwise Impermissible State Action
ArtI.S8.C3.7.8Facially Neutral Laws and Dormant Commerce Clause
ArtI.S8.C3.7.9Local Laws and Traditional Government Functions
ArtI.S8.C3.7.10Foreign Commerce and State Powers
ArtI.S8.C3.7.11 State Taxation
ArtI.S8.C3.7.11.1Overview of State Taxation and Dormant Commerce Clause
ArtI.S8.C3.7.11.2Early Dormant Commerce Clause Jurisprudence and State Taxation
ArtI.S8.C3.7.11.3Modern Dormant Commerce Clause Jurisprudence and State Taxation
ArtI.S8.C3.7.11.4Nexus Prong of Complete Auto Test for Taxes on Interstate Commerce
ArtI.S8.C3.7.11.5Apportionment Prong of Complete Auto Test for Taxes on Interstate Commerce
ArtI.S8.C3.7.11.6Discrimination Prong of Complete Auto Test for Taxes on Interstate Commerce
ArtI.S8.C3.7.11.7Benefit Prong of Complete Auto Test for Taxes on Interstate Commerce
ArtI.S8.C3.8 Foreign
ArtI.S8.C3.8.1Overview of Foreign Commerce Clause
ArtI.S8.C3.8.2Instruments of Commerce
ArtI.S8.C3.9 Indian Tribes
ArtI.S8.C3.9.1Scope of Commerce Clause Authority and Indian Tribes
ArtI.S8.C3.9.2Restrictions on State Powers, Indian Tribes, and Commerce Clause
Clause 4 Uniform Laws
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
ArtI.S8.C4.1 Naturalization
ArtI.S8.C4.1.1Overview of Naturalization Clause
ArtI.S8.C4.1.2 Historical Background
ArtI.S8.C4.1.2.1British and American Colonial Naturalization
ArtI.S8.C4.1.2.2Constitutional Convention and Naturalization
ArtI.S8.C4.1.2.3Early U.S. Naturalization Laws
ArtI.S8.C4.1.2.4Naturalization as an Exclusive Power of Congress
ArtI.S8.C4.1.2.5Collective Naturalization (1800–1900)
ArtI.S8.C4.1.3Post-1900 Naturalization Doctrine Generally
ArtI.S8.C4.1.4 Children
ArtI.S8.C4.1.4.1Citizenship and Children Born Abroad
ArtI.S8.C4.1.4.2Naturalization and Rogers v. Bellei
ArtI.S8.C4.1.4.3Naturalization and Sessions v. Morales-Santana
ArtI.S8.C4.1.5 Denaturalization
ArtI.S8.C4.1.5.1Denaturalization (Revoking Citizenship) Generally
ArtI.S8.C4.1.5.2Early Denaturalization Jurisprudence
ArtI.S8.C4.1.5.3Limits to Congress's Denaturalization Power
ArtI.S8.C4.1.5.4Unlawful Procurement of Citizenship
ArtI.S8.C4.1.5.5Concealing Material Facts When Procuring Citizenship
ArtI.S8.C4.1.6 Expatriation
ArtI.S8.C4.1.6.1Expatriation (Termination of Citizenship) Generally
ArtI.S8.C4.1.6.2Development of Expatriation Doctrine
ArtI.S8.C4.1.6.3Expatriation Legislation
ArtI.S8.C4.1.6.4Judicial Recognition of Congress's Expatriation Power
ArtI.S8.C4.1.6.5Judicial Limits on Congress's Expatriation Power
ArtI.S8.C4.2 Bankruptcy
ArtI.S8.C4.2.1Overview of Bankruptcy Clause
ArtI.S8.C4.2.2Historical Background on Bankruptcy Clause
ArtI.S8.C4.2.3Scope of Federal Bankruptcy Clause
ArtI.S8.C4.2.4Expansion of the Scope of Bankruptcy Power
ArtI.S8.C4.2.5Constitutional Limits on Bankruptcy Power
ArtI.S8.C4.2.6Restrictions on State Bankruptcy Power
Clause 5 Standards
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
ArtI.S8.C5.1Congress's Coinage Power
Clause 6 Counterfeiters
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
ArtI.S8.C6.1Congress's Power to Punish Counterfeiting
Clause 7 Post Offices
To establish Post Offices and post Roads;
ArtI.S8.C7.1Historical Background on Postal Power
ArtI.S8.C7.2Power to Protect the Mails
ArtI.S8.C7.3Power to Prevent Harmful Use of Postal Facilities
ArtI.S8.C7.4Exclusive Power Over Post Offices as an Adjunct to Other Powers
ArtI.S8.C7.5Restrictions on State Power Over Post Offices
Clause 8 Intellectual Property
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;
ArtI.S8.C8.1Overview of Congress's Power Over Intellectual Property
ArtI.S8.C8.2 Historical Background
ArtI.S8.C8.2.1English Origins of Intellectual Property Law
ArtI.S8.C8.2.2Framing and Ratification of Intellectual Property Clause
ArtI.S8.C8.3 Copyrights
ArtI.S8.C8.3.1Authorship, Writings, and Originality
ArtI.S8.C8.3.2Limited Times for Copyrights and the Progress of Science
ArtI.S8.C8.3.3Copyright and the First Amendment
ArtI.S8.C8.4 Patents
ArtI.S8.C8.4.1Inventorship and Utility
ArtI.S8.C8.4.2Patent-Eligible Subject Matter
ArtI.S8.C8.4.3Constitutional Constraints on Congress's Power Over Granted Patents
ArtI.S8.C8.5Federal Power Over Trademarks
ArtI.S8.C8.6State Regulation of Intellectual Property
Clause 9 Courts
To constitute Tribunals inferior to the supreme Court;
ArtI.S8.C9.1Inferior Federal Courts
Clause 10 Maritime Crimes
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
ArtI.S8.C10.1Historical Background on Maritime Crimes
ArtI.S8.C10.2Definition of Maritime Crimes and Offenses
ArtI.S8.C10.3Extraterritorial Reach
Clause 11 War Powers
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
ArtI.S8.C11.1 Congressional War Powers
ArtI.S8.C11.1.1Overview of Congressional War Powers
ArtI.S8.C11.1.2Breadth of Congressional War Powers
ArtI.S8.C11.2 Declare War Clause
ArtI.S8.C11.2.1Overview of Declare War Clause
ArtI.S8.C11.2.2 Historical Background
ArtI.S8.C11.2.2.1War Powers Before the Constitution
ArtI.S8.C11.2.2.2Early Debates on War Powers in the Constitutional Convention
ArtI.S8.C11.2.2.3Make War and Declare War at the Constitutional Convention
ArtI.S8.C11.2.2.4Constitutional Convention Debates on the Power to End Wars
ArtI.S8.C11.2.2.5Declare War Clause and State Ratification Debates on the Constitution
ArtI.S8.C11.2.3Declarations of War vs. Authorizations for Use of Military Force (AUMF)
ArtI.S8.C11.2.4Legislative and Executive Branch Views on the Declare War Clause
ArtI.S8.C11.2.5 Supreme Court Jurisprudence and Interbranch Practice
ArtI.S8.C11.2.5.1Overview of Supreme Court Jurisprudence and War Powers
ArtI.S8.C11.2.5.2Quasi War with France from 1798–1800 and War Powers
ArtI.S8.C11.2.5.3War of 1812, Mexican War, and War Powers
ArtI.S8.C11.2.5.4Civil War, War Powers, and The Prize Cases
ArtI.S8.C11.2.5.5Civil War, and Executive and Legislative Powers
ArtI.S8.C11.2.5.6From the Spanish American War to World War I and Total War
ArtI.S8.C11.2.5.7World War II and the Use of War Powers
ArtI.S8.C11.2.5.8Cold War Military Action, NATO, and the United Nations
ArtI.S8.C11.2.5.9International Police Action and the Korean War
ArtI.S8.C11.2.5.10Presidential and Congressional Power in the Vietnam War
ArtI.S8.C11.2.5.11Post-Cold War Presidential Authority and Persian Gulf War of 1991
ArtI.S8.C11.2.5.12September 11, 2001 Terrorist Attacks and War Powers
ArtI.S8.C11.2.5.13Presidential Power in 2003 Iraq War and Other 21st-Century Operations
ArtI.S8.C11.2.6Enemy Property and Congress's War Powers
ArtI.S8.C11.2.7Prizes of War and Congress's War Powers
Clause 12 Army
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
ArtI.S8.C12.1Historical Background on Congress's Authority to Raise and Support Armies
ArtI.S8.C12.2Time Limits on Appropriations for Army
ArtI.S8.C12.3Conscription
Clause 13 Navy
To provide and maintain a Navy;
ArtI.S8.C13.1Congress's Naval Powers
Clause 14 Land and Naval Forces Rules
To make Rules for the Government and Regulation of the land and naval Forces;
ArtI.S8.C14.1Care of Armed Forces
ArtI.S8.C14.2Trial and Punishment of Servicemen (Courts-Martial)
ArtI.S8.C14.3Trial and Punishment of Civilians and Dependents (Courts-Martial)
Clause 15 Calling Militias
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
ArtI.S8.C15.1Congress's Power to Call Militias
Clause 16 Organizing Militias
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;
ArtI.S8.C16.1Congress's Power to Organize Militias
Clause 17 Enclave Clause
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 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
ArtI.S8.C17.1 The Capitol
ArtI.S8.C17.1.1Historical Background on Seat of Government Clause
ArtI.S8.C17.1.2Seat of Government Doctrine
ArtI.S8.C17.2 Places Purchased
ArtI.S8.C17.2.1Overview of Places Purchased Clause
ArtI.S8.C17.2.2Federal Jurisdiction Over Places Purchased
ArtI.S8.C17.2.3State Jurisdiction Over Places Purchased
Clause 18 Necessary and Proper Clause
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.
ArtI.S8.C18.1Overview of Necessary and Proper Clause
ArtI.S8.C18.2Historical Background on Necessary and Proper Clause
ArtI.S8.C18.3Necessary and Proper Clause Early Doctrine and McCulloch v. Maryland
ArtI.S8.C18.4Nineteenth Century Evolution of Necessary and Proper Clause Jurisprudence
ArtI.S8.C18.5Modern Necessary and Proper Clause Doctrine
ArtI.S8.C18.6Meaning of Proper
ArtI.S8.C18.7 Investigations and Oversight
ArtI.S8.C18.7.1Overview of Congress's Investigation and Oversight Powers
ArtI.S8.C18.7.2Historical Background on Congress's Investigation and Oversight Powers
ArtI.S8.C18.7.3Congress's Investigation and Oversight Powers (1787–1864)
ArtI.S8.C18.7.4Congress's Investigation and Oversight Powers (1865–1940)
ArtI.S8.C18.7.5Congress's Investigation and Oversight Powers (1940–1970)
ArtI.S8.C18.7.6Rules-Based Limits of Congress's Investigation and Oversight Powers
ArtI.S8.C18.7.7Constitutional Limits of Congress's Investigation and Oversight Powers
ArtI.S8.C18.7.8Watergate, Church, and Pike Investigations of Congress
ArtI.S8.C18.7.9Congress's Investigatory Powers Generally
ArtI.S8.C18.7.10Congress's Investigatory Powers and the President
ArtI.S8.C18.8 Immigration
ArtI.S8.C18.8.1Overview of Congress's Immigration Powers
ArtI.S8.C18.8.2English Common Law on Immigration
ArtI.S8.C18.8.3Colonial Period, Constitutional Convention, and Immigration
ArtI.S8.C18.8.4Early Federal Laws on Immigration
ArtI.S8.C18.8.5Immigration Jurisprudence (1837–1889)
ArtI.S8.C18.8.6Immigration Jurisprudence (1889–1900)
ArtI.S8.C18.8.7 Plenary Power
ArtI.S8.C18.8.7.1Overview of Immigration Plenary Power Doctrine
ArtI.S8.C18.8.7.2Aliens in the United States
ArtI.S8.C18.8.7.3Aliens Seeking to Enter the United States
ArtI.S8.C18.8.8 Modern Era
ArtI.S8.C18.8.8.1Overview of Modern Immigration Jurisprudence
ArtI.S8.C18.8.8.2Exclusion of Aliens
ArtI.S8.C18.8.8.3Kerry v. Din and Trump v. Hawaii
ArtI.S8.C18.8.8.4Federal Laws Relating to Aliens
ArtI.S8.C18.8.8.5Immigration-Related State Laws
Section 9 Powers Denied Congress

Clause 1 Migration or Importation
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.
ArtI.S9.C1.1Restrictions on the Slave Trade
Clause 2 Habeas Corpus
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.
ArtI.S9.C2.1Suspension Clause and Writ of Habeas Corpus
Clause 3 Nullification
No Bill of Attainder or ex post facto Law shall be passed.
ArtI.S9.C3.1Historical Background on Bills of Attainder
ArtI.S9.C3.2Bills of Attainder Doctrine
ArtI.S9.C3.3 Ex Post Facto Laws
ArtI.S9.C3.3.1Overview of Ex Post Facto Laws
ArtI.S9.C3.3.2Historical Background on Ex Post Facto Laws
ArtI.S9.C3.3.3Retroactivity of Ex Post Facto Laws
ArtI.S9.C3.3.4Ex Post Facto Law Prohibition Limited to Penal Laws
ArtI.S9.C3.3.5Increasing Punishment and Ex Post Facto Laws
ArtI.S9.C3.3.6Imposing Criminal Liability and Ex Post Facto Laws
ArtI.S9.C3.3.7Civil Commitment, Sex Offender Registration, and Ex Post Facto Laws
ArtI.S9.C3.3.8Procedural Changes and Ex Post Facto Laws
ArtI.S9.C3.3.9Employment Qualifications and Ex Post Facto Laws
ArtI.S9.C3.3.10Retroactive Taxes and Ex Post Facto Laws
ArtI.S9.C3.3.11Ex Post Facto Prohibition and Judicial Decisions
ArtI.S9.C3.3.12Ex Post Facto Laws, Deportation, and Related Issues
Clause 4 Direct Taxes
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
ArtI.S9.C4.1Overview of Direct Taxes
ArtI.S9.C4.2Historical Background on Direct Taxes
ArtI.S9.C4.3Early Jurisprudence on Direct Taxes
ArtI.S9.C4.4Direct Taxes and the Sixteenth Amendment
Clause 5 Exports
No Tax or Duty shall be laid on Articles exported from any State.
ArtI.S9.C5.1Export Clause and Taxes
Clause 6 Ports
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.
ArtI.S9.C6.1No-Preference Clause for Ports
Clause 7 Appropriations
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.
ArtI.S9.C7.1Overview of Appropriations Clause
ArtI.S9.C7.2Historical Background on Appropriations Clause
ArtI.S9.C7.3Appropriations Clause Generally
Clause 8 Titles of Nobility and Foreign Emoluments
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.
ArtI.S9.C8.1Overview of Titles of Nobility and Foreign Emoluments Clauses
ArtI.S9.C8.2Historical Background on Foreign Emoluments Clause
ArtI.S9.C8.3Foreign Emoluments Clause Generally
ArtI.S9.C8.4Titles of Nobility and the Constitution
Section 10 Powers Denied States

Clause 1 Proscribed Powers
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.
ArtI.S10.C1.1Foreign Policy by States
ArtI.S10.C1.2Coining Money by States
ArtI.S10.C1.3Legal Tender Issued by States
ArtI.S10.C1.4State Bills of Attainder
ArtI.S10.C1.5State Ex Post Facto Laws
ArtI.S10.C1.6 Contracts
ArtI.S10.C1.6.1Overview of Contract Clause
ArtI.S10.C1.6.2Historical Background on Contract Clause
ArtI.S10.C1.6.3Evolution of Contract Clause's Use
ArtI.S10.C1.6.4 State Contracts
ArtI.S10.C1.6.4.1Early Cases on State Modifications to State Contracts
ArtI.S10.C1.6.4.2State Sovereign Powers and Contracts
ArtI.S10.C1.6.4.3Modern Doctrine on State Changes to State Contracts
ArtI.S10.C1.6.5 Private Contracts
ArtI.S10.C1.6.5.1Early Cases on State Changes to Private Contracts
ArtI.S10.C1.6.5.2Blaisdell Case and State Modifications to Private Contracts
ArtI.S10.C1.6.5.3State Laws Creating New Contractual Obligations
ArtI.S10.C1.6.5.4Public Interest and State Modifications to Private Contracts
Clause 2 Import-Export
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 its 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.
ArtI.S10.C2.1Overview of Import-Export Clause
ArtI.S10.C2.2Historical Background on Import-Export Clause
ArtI.S10.C2.3Import-Export Clause Generally
ArtI.S10.C2.4Whether a Good Qualifies as an Import or Export
ArtI.S10.C2.5Whether a Charge Qualifies as an Impost or Duty
ArtI.S10.C2.6State Inspection Charges
Clause 3 Acts Requiring Consent of 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.
ArtI.S10.C3.1 Duties of Tonnage
ArtI.S10.C3.1.1Overview of Duties of Tonnage
ArtI.S10.C3.1.2Historical Background on Duties of Tonnage
ArtI.S10.C3.1.3Determining Whether a Measure Qualifies as a Duty of Tonnage
ArtI.S10.C3.1.4Personal Property Taxes and Duties of Tonnage
ArtI.S10.C3.2States and Military Affairs
ArtI.S10.C3.3 Compact Clause
ArtI.S10.C3.3.1Overview of Compact Clause
ArtI.S10.C3.3.2Historical Background on Compact Clause
ArtI.S10.C3.3.3Subject Matter of Compacts
ArtI.S10.C3.3.4Congressional Consent to Compacts
ArtI.S10.C3.3.5Requirement of Congressional Consent to Compacts
ArtI.S10.C3.3.6Legal Effect and Interpretation of Compacts

Changed text

Open file

Website: https://constitution.congress.gov/browse/article-1/
Date: 8/6/2025

ArtI.S8.1Overview of Congress's Enumerated Powers
Clause 1 General Welfare
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;
ArtI.S8.C1.1 Taxing Power
ArtI.S8.C1.1.1Overview of Taxing Clause
ArtI.S8.C1.1.2Historical Background on Taxing Power
ArtI.S8.C1.1.3Uniformity Clause and Indirect Taxes
ArtI.S8.C1.1.4Taxes to Regulate Conduct
ArtI.S8.C1.1.5Intergovernmental Tax Immunity Doctrine
ArtI.S8.C1.2 Spending Power
ArtI.S8.C1.2.1Overview of Spending Clause
ArtI.S8.C1.2.2Historical Background on Spending Clause
ArtI.S8.C1.2.3Early Spending Clause Jurisprudence
ArtI.S8.C1.2.4Modern Spending Clause Jurisprudence Generally
ArtI.S8.C1.2.5Clear Notice Requirement and Spending Clause
ArtI.S8.C1.2.6Anti-Coercion Requirement and Spending Clause
ArtI.S8.C1.2.7General Welfare, Relatedness, and Independent Constitutional Bars
Clause 2 Borrowing
To borrow Money on the credit of the United States;
ArtI.S8.C2.1Borrowing Power of Congress
Clause 3 Commerce
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
ArtI.S8.C3.1Overview of Commerce Clause
ArtI.S8.C3.2Meaning of Commerce
ArtI.S8.C3.3Meaning of Among the Several States in the Commerce Clause
ArtI.S8.C3.4Meaning of Regulate in the Commerce Clause
ArtI.S8.C3.5 Historical Background
ArtI.S8.C3.5.1Sherman Antitrust Act of 1890 and Sugar Trust Case
ArtI.S8.C3.5.2Current of Commerce Concept and 1905 Swift Case
ArtI.S8.C3.5.3Packers and Stockyards Act of 1921 and Grain Futures Act of 1922
ArtI.S8.C3.5.4New Deal Legislation Generally
ArtI.S8.C3.5.5National Industrial Recovery and Agricultural Adjustment Acts of 1933
ArtI.S8.C3.5.6Railroad Retirement and Securities Exchange Acts of 1934
ArtI.S8.C3.5.7Public Utility Holding Company and Bituminous Coal Conservation Acts of 1935
ArtI.S8.C3.5.8National Labor Relations Act of 1935
ArtI.S8.C3.5.9Agricultural Marketing Agreement Act of 1937
ArtI.S8.C3.5.10Fair Labor Standards Act of 1938
ArtI.S8.C3.5.11Dual Federalism and Commerce Clause
ArtI.S8.C3.6 Modern Doctrine
ArtI.S8.C3.6.1United States v. Lopez and Interstate Commerce Clause
ArtI.S8.C3.6.2Channels of Interstate Commerce
ArtI.S8.C3.6.3Persons or Things in and Instrumentalities of Interstate Commerce
ArtI.S8.C3.6.4Intrastate Activities Having a Substantial Relation to Interstate Commerce
ArtI.S8.C3.6.5Limits on Federal Regulation of Intrastate Activity
ArtI.S8.C3.6.6Regulation of Activity Versus Inactivity
ArtI.S8.C3.6.7Regulation of Interstate Commerce to Achieve Policy Goals
ArtI.S8.C3.6.8Civil Rights and Commerce Clause
ArtI.S8.C3.6.9Criminal Law and Commerce Clause
ArtI.S8.C3.7 Dormant Commerce Clause
ArtI.S8.C3.7.1Overview of Dormant Commerce Clause
ArtI.S8.C3.7.2Historical Background on Dormant Commerce Clause
ArtI.S8.C3.7.3Early Dormant Commerce Clause Jurisprudence
ArtI.S8.C3.7.4Modern Dormant Commerce Clause Jurisprudence Generally
ArtI.S8.C3.7.5General Prohibition on Facial Discrimination
ArtI.S8.C3.7.6State Proprietary Activity (Market Participant) Exception
ArtI.S8.C3.7.7Congressional Authorization of Otherwise Impermissible State Action
ArtI.S8.C3.7.8Facially Neutral Laws and Dormant Commerce Clause
ArtI.S8.C3.7.9Local Laws and Traditional Government Functions
ArtI.S8.C3.7.10Foreign Commerce and State Powers
ArtI.S8.C3.7.11 State Taxation
ArtI.S8.C3.7.11.1Overview of State Taxation and Dormant Commerce Clause
ArtI.S8.C3.7.11.2Early Dormant Commerce Clause Jurisprudence and State Taxation
ArtI.S8.C3.7.11.3Modern Dormant Commerce Clause Jurisprudence and State Taxation
ArtI.S8.C3.7.11.4Nexus Prong of Complete Auto Test for Taxes on Interstate Commerce
ArtI.S8.C3.7.11.5Apportionment Prong of Complete Auto Test for Taxes on Interstate Commerce
ArtI.S8.C3.7.11.6Discrimination Prong of Complete Auto Test for Taxes on Interstate Commerce
ArtI.S8.C3.7.11.7Benefit Prong of Complete Auto Test for Taxes on Interstate Commerce
ArtI.S8.C3.8 Foreign
ArtI.S8.C3.8.1Overview of Foreign Commerce Clause
ArtI.S8.C3.8.2Instruments of Commerce
ArtI.S8.C3.9 Indian Tribes
ArtI.S8.C3.9.1Scope of Commerce Clause Authority and Indian Tribes
ArtI.S8.C3.9.2Restrictions on State Powers, Indian Tribes, and Commerce Clause
Clause 4 Uniform Laws
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
ArtI.S8.C4.1 Naturalization
ArtI.S8.C4.1.1Overview of Naturalization Clause
ArtI.S8.C4.1.2 Historical Background
ArtI.S8.C4.1.2.1British and American Colonial Naturalization
ArtI.S8.C4.1.2.2Constitutional Convention and Naturalization
ArtI.S8.C4.1.2.3Early U.S. Naturalization Laws
ArtI.S8.C4.1.2.4Naturalization as an Exclusive Power of Congress
ArtI.S8.C4.1.2.5Collective Naturalization (1800–1900)
ArtI.S8.C4.1.3Post-1900 Naturalization Doctrine Generally
ArtI.S8.C4.1.4 Children
ArtI.S8.C4.1.4.1Citizenship and Children Born Abroad
ArtI.S8.C4.1.4.2Naturalization and Rogers v. Bellei
ArtI.S8.C4.1.4.3Naturalization and Sessions v. Morales-Santana
ArtI.S8.C4.1.5 Denaturalization
ArtI.S8.C4.1.5.1Denaturalization (Revoking Citizenship) Generally
ArtI.S8.C4.1.5.2Early Denaturalization Jurisprudence
ArtI.S8.C4.1.5.3Limits to Congress's Denaturalization Power
ArtI.S8.C4.1.5.4Unlawful Procurement of Citizenship
ArtI.S8.C4.1.5.5Concealing Material Facts When Procuring Citizenship
ArtI.S8.C4.1.6 Expatriation
ArtI.S8.C4.1.6.1Expatriation (Termination of Citizenship) Generally
ArtI.S8.C4.1.6.2Development of Expatriation Doctrine
ArtI.S8.C4.1.6.3Expatriation Legislation
ArtI.S8.C4.1.6.4Judicial Recognition of Congress's Expatriation Power
ArtI.S8.C4.1.6.5Judicial Limits on Congress's Expatriation Power
ArtI.S8.C4.2 Bankruptcy
ArtI.S8.C4.2.1Overview of Bankruptcy Clause
ArtI.S8.C4.2.2Historical Background on Bankruptcy Clause
ArtI.S8.C4.2.3Scope of Federal Bankruptcy Clause
ArtI.S8.C4.2.4Expansion of the Scope of Bankruptcy Power
ArtI.S8.C4.2.5Constitutional Limits on Bankruptcy Power
ArtI.S8.C4.2.6Restrictions on State Bankruptcy Power
Clause 5 Standards
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
ArtI.S8.C5.1Congress's Coinage Power
Clause 6 Counterfeiters
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
ArtI.S8.C6.1Congress's Power to Punish Counterfeiting
Clause 7 Post Offices
To establish Post Offices and post Roads;
ArtI.S8.C7.1Historical Background on Postal Power
ArtI.S8.C7.2Power to Protect the Mails
ArtI.S8.C7.3Power to Prevent Harmful Use of Postal Facilities
ArtI.S8.C7.4Exclusive Power Over Post Offices as an Adjunct to Other Powers
ArtI.S8.C7.5Restrictions on State Power Over Post Offices
Clause 8 Intellectual Property
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;
ArtI.S8.C8.1Overview of Congress's Power Over Intellectual Property
ArtI.S8.C8.2 Historical Background
ArtI.S8.C8.2.1English Origins of Intellectual Property Law
ArtI.S8.C8.2.2Framing and Ratification of Intellectual Property Clause
ArtI.S8.C8.3 Copyrights
ArtI.S8.C8.3.1Authorship, Writings, and Originality
ArtI.S8.C8.3.2Limited Times for Copyrights and the Progress of Science
ArtI.S8.C8.3.3Copyright and the First Amendment
ArtI.S8.C8.4 Patents
ArtI.S8.C8.4.1Inventorship and Utility
ArtI.S8.C8.4.2Patent-Eligible Subject Matter
ArtI.S8.C8.4.3Constitutional Constraints on Congress's Power Over Granted Patents
ArtI.S8.C8.5Federal Power Over Trademarks
ArtI.S8.C8.6State Regulation of Intellectual Property
Clause 9 Courts
To constitute Tribunals inferior to the supreme Court;
ArtI.S8.C9.1Inferior Federal Courts
Clause 10 Maritime Crimes
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
ArtI.S8.C10.1Historical Background on Maritime Crimes
ArtI.S8.C10.2Definition of Maritime Crimes and Offenses
ArtI.S8.C10.3Extraterritorial Reach
Clause 11 War Powers
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
ArtI.S8.C11.1 Congressional War Powers
ArtI.S8.C11.1.1Overview of Congressional War Powers
ArtI.S8.C11.1.2Breadth of Congressional War Powers
ArtI.S8.C11.2 Declare War Clause
ArtI.S8.C11.2.1Overview of Declare War Clause
ArtI.S8.C11.2.2 Historical Background
ArtI.S8.C11.2.2.1War Powers Before the Constitution
ArtI.S8.C11.2.2.2Early Debates on War Powers in the Constitutional Convention
ArtI.S8.C11.2.2.3Make War and Declare War at the Constitutional Convention
ArtI.S8.C11.2.2.4Constitutional Convention Debates on the Power to End Wars
ArtI.S8.C11.2.2.5Declare War Clause and State Ratification Debates on the Constitution
ArtI.S8.C11.2.3Declarations of War vs. Authorizations for Use of Military Force (AUMF)
ArtI.S8.C11.2.4Legislative and Executive Branch Views on the Declare War Clause
ArtI.S8.C11.2.5 Supreme Court Jurisprudence and Interbranch Practice
ArtI.S8.C11.2.5.1Overview of Supreme Court Jurisprudence and War Powers
ArtI.S8.C11.2.5.2Quasi War with France from 1798–1800 and War Powers
ArtI.S8.C11.2.5.3War of 1812, Mexican War, and War Powers
ArtI.S8.C11.2.5.4Civil War, War Powers, and The Prize Cases
ArtI.S8.C11.2.5.5Civil War, and Executive and Legislative Powers
ArtI.S8.C11.2.5.6From the Spanish American War to World War I and Total War
ArtI.S8.C11.2.5.7World War II and the Use of War Powers
ArtI.S8.C11.2.5.8Cold War Military Action, NATO, and the United Nations
ArtI.S8.C11.2.5.9International Police Action and the Korean War
ArtI.S8.C11.2.5.10Presidential and Congressional Power in the Vietnam War
ArtI.S8.C11.2.5.11Post-Cold War Presidential Authority and Persian Gulf War of 1991
ArtI.S8.C11.2.5.12September 11, 2001 Terrorist Attacks and War Powers
ArtI.S8.C11.2.5.13Presidential Power in 2003 Iraq War and Other 21st-Century Operations
ArtI.S8.C11.2.6Enemy Property and Congress's War Powers
ArtI.S8.C11.2.7Prizes of War and Congress's War Powers
Clause 12 Army
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
ArtI.S8.C12.1Overview of the Army Clause
ArtI.S8.C12.2 Historical Background
ArtI.S8.C12.2.1The Early American Experience with Standing Armies
ArtI.S8.C12.2.2Debate over the Army Clause at the Federal Convention
ArtI.S8.C12.2.3Debate over the Army Clause in the State Ratifying Conventions
ArtI.S8.C12.2.4Time Limits on Army Appropriations
ArtI.S8.C12.2.5The Army Clause, Congressional Power, Conscription, and War Materials