| Line 32: |
Line 32: |
| | == The most important provision in the entire Constitution? == | | == The most important provision in the entire Constitution? == |
| | | | |
| − | In our last Lecture we discussed the Preamble (We the People of the United States, in Order to form a more perfect Union ...."), and courts have construed it not to have any legally binding effect. The Preamble is merely "window-dressing", and does not establish any rights of the people, or any powers of government. It is a very eloquent introduction to the document, but does not create any rights, or establish or limit any governmental powers. | + | In our last Lecture we discussed the Preamble (We the People of the United States, in Order to form a more perfect Union ...."). It is beautiful to read, but courts have construed it not to have any legally binding effect. The Preamble is merely "window-dressing", and does not establish any rights of the people, or any powers of government. It is a very eloquent introduction to the document, but does not create any rights, or establish or limit any governmental powers. |
| | | | |
| − | After the 52 words of the Preamble, what is the most important provision? The winner might be the very next sentence, Article I, Section 1, which states:
| + | Beyonnd the 52 words of the Preamble, what is the most important provision of the Constitution itself? The winner might be the very next sentence, Article I, Section 1, which states: |
| | {{cquote|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.}} | | {{cquote|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.}} |
| | | | |
| | Only 25 words long, this Article I, Section 1 is perhaps the single most important provision in the entire Constitution. It is known as the "Bicameral Clause," because it establishes two chambers of Congress as the federal legislature. It is the result of the "Great Compromise" between the big and small States at the Constitutional Convention. The big states have more power in the House of Representatives, because there are more people in the big States and the number of representatives in the House is based on population. The small states have equal power in the Senate, because every State has exactly two representatives there, no matter how big or small the State is. | | Only 25 words long, this Article I, Section 1 is perhaps the single most important provision in the entire Constitution. It is known as the "Bicameral Clause," because it establishes two chambers of Congress as the federal legislature. It is the result of the "Great Compromise" between the big and small States at the Constitutional Convention. The big states have more power in the House of Representatives, because there are more people in the big States and the number of representatives in the House is based on population. The small states have equal power in the Senate, because every State has exactly two representatives there, no matter how big or small the State is. |
| | | | |
| − | Notice that this initial section of Article I states that "All legislative powers '''''herein granted''''' shall be vested in a Congress ...." (emphasis added). Congress has only the powers that are granted to it by the Constitution, and no more. The federal (national) government created by the Constitution is one of "limited powers," or "enumerated (listed) powers." Congress does not have unlimited or general powers. This is one of the marvelous aspects of the Constitution: it creates a government of limited powers, as a safeguard against tyranny. | + | Notice also that this initial section of Article I states that "All legislative powers '''''herein granted''''' shall be vested in a Congress ...." (emphasis added). Congress has only the powers that are granted to it by the Constitution, and no more. The federal (national) government created by the Constitution is one of "limited powers," or "enumerated (listed) powers," as explained above. Congress does not have unlimited or general powers. This is one of the marvelous aspects of the Constitution: it creates a government of limited powers, as a safeguard against tyranny. |
| | | | |
| | == Article I == | | == Article I == |