AF-separation-of-powers-Digital-20 - Flipbook - Page 11
T
he Legislative Branch of our government is
described in Article I of the Constitution.
Article I is comprised of ten sections, each section is
dedicated to some aspect of the branch including
legislative duties, powers, composition, compensation,
eligibility requirements, and legislative procedures.
• Article I, §1 stipulates that the Legislative Branch
is vested with broad powers designed primarily to
create the laws of our land and to establish rules
and process for effective governance. Article I, § 2
– § 7 establishes the qualifications necessary to be
a candidate for office and those necessary to be a
member; provides rules for orderly process and
proper function; enumerate powers of
impeachment and revenue regulation; and sets
forth congressional powers regarding elections.
• In Article I §8, the breadth and scope of
congressional powers are set forth. This section is
both specific and vague. It lists 18 specific
congressional powers delegated to the Legislative
Branch. But it is the 18th clause, “the necessary
and proper” provision that causes concern and is
often the cause of abuses of authority by members
of Congress.
• Article I, §9 places constitutional constraints on
Congress such that congressional powers are not
boundless. It is significant to view the limitations
provided in this section in light of the examples
tyranny found within our Declaration of
Independence. The limitations, here, are markedly
similar in both content and form to the acts of
tyranny identified in the Declaration. It is clear
each limitation on congressional power was
purposeful – a deliberate effort to protect liberty
and prevent tyranny.
• Article I, §10 places constitutional constraints on
the states’ powers in three specific situations.
Common to each situation is a consequential
impact on other states if any state were to act in
contravene to these provisions. In other words, this
section regards circumstances that would lead to
conflicts between state laws and privileges.
The Framers went the extra mile and above and
beyond to ensure America was a nation of limited
government and expansive individual liberties.
Their efforts were extraordinary.
Noteworthy: In the past, there was little hubbub
over the preliminary provisions of Article I related
to elections and impeachments. Recently, however,
these provisions have become controversial and
have caused traditional notions of civility and decency
like finding middle ground, trying to see the other side
of an argument, and engaging in meaningful spirited
debates without regressing into name-calling and
threats of violence. Worse yet, it appears judicious
thinking and well-reasoned arguments are now subject
to abuses of power, threats, and intimidation. For
America’s three branches of government to survive, we
the people must strive to be on the same page before
we can turn the page.
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