A little while back we had a discussion on the preamble to the Constitution. Now it’s time to move on to Article One, which we will discuss in 3 parts on 3 separate occasions before we move on to the other articles and the amendments. Settle in. We’re gonna be awhile:
1. The 10,000 foot view
2. The House of Representatives
3. The US Senate
Ok. Alright. Settle down, Class! I know you’re all VERY excited! (If you’re not, you should be. Knowledge is power, and who doesn’t want a little more of that?
It’s time to dive deep into Article I of the U.S. Constitution, the part of the document that says, “Okay, we just overthrew a monarchy, so how do we make sure that no one person—let’s call him ‘King George’ for argument’s sake—gets too much power again?” Article I is basically the playbook for Congress, the people’s branch, tasked with lawmaking, balancing powers, and, in theory, keeping the government in check.
The Basics of Article I: The Legislative Branch
Article I is all about Congress—the Legislative Branch—which, spoiler alert, is supposed to be the most important branch of government. This is where laws are made, and it’s designed to represent the people and the states. The Founders created a bicameral legislature—a fancy way of saying, “Let’s split this thing in two.”
The House of Representatives was meant to be the “people’s house.” Representation is based on population, which means big states get more representatives. In 1789, this was like, “Whoa, revolutionary,” because you had large states like Virginia and smaller states like Rhode Island. The whole idea was to have a legislative body that could respond to the will of the masses, the average Joes and Janes.
The Senate, on the other hand, was created as a sort of cooling saucer for the boiling tea of the House. This is where the states get equal representation—two senators per state, no matter if you’re California with 40 million people or Wyoming with its entire population of bison ranchers and one Starbucks. The idea was to protect small states and keep the larger ones from steamrolling them in every vote.
Purpose in the 18th Century: Revolutionary Stuff
Back in 1787, the Articles of Confederation—the pre-Constitution warm-up act—had basically failed because the national government was too weak. States were doing their own thing, kind of like teenagers who just got their driver’s licenses and are still figuring out how to park. The founders wanted to balance that chaos with a strong central government, but not so strong that it would become, well, a monarchy with powdered wigs.
The House was supposed to represent the will of the people. It was designed to be closer to the electorate, which is why its members are elected every two years—so voters could quickly throw them out if they didn’t like the job they were doing. The House’s powers included originating tax bills (since taxes are always a hot topic) and the power to impeach federal officials.
The Senate, on the other hand, was meant to be a little more insulated from the immediate passions of the people. Originally, senators weren’t even elected by the people—they were chosen by state legislatures, because the Founders thought, “Hey, maybe not everyone should have a direct say in everything.” Senators serve six-year terms, which gave them some political distance from the whims of public opinion. They were tasked with ratifying treaties, confirming presidential appointments, and trying impeachment cases.
The Challenge Then: Compromise
The whole point of Article I was compromise. The Great Compromise (not to be confused with “the Okay Compromise” or “the Meh Compromise”) solved a big fight between large and small states. Large states wanted proportional representation (like the House), and small states wanted equal representation (like the Senate). They split the difference, creating a two-house system where the House of Representatives would be based on population and the Senate would have equal representation.
That’s why you have these weird dynamics today, like California, with its 40 million people, getting two senators, and Wyoming, with fewer people than the L.A. metro area, also getting two senators. Back in the day, it made sense to balance things out, but it creates some issues now (more on that in a bit).
Key Powers in Article I
The Power to Make Laws: Congress makes the laws—at least in theory. All legislation has to pass through both the House and the Senate, which means the Founders intended for there to be a lot of debate and compromise. You know, like two kids arguing over who gets the last slice of pizza until they finally decide to split it. It’s slow, by design, but in the 18th century, this was crucial. Laws were supposed to be carefully considered, not rushed through.
The Power of the Purse: Article I, Section 8, gives Congress the power to tax and spend. This was a big deal because, under British rule, colonists were angry about being taxed without having a say in how those taxes were spent. So now, Congress is in charge of the money. The House originates tax bills, and the Senate approves them. In a young country, this power was central to keeping the government functioning—and preventing it from becoming a financial mess.
The Power to Declare War: One of the most significant powers of Congress is the power to declare war. This was crucial in the 18th century because the Founders didn’t want the president to just declare war willy-nilly like a monarch. They wanted wars to be a collective decision—debated, discussed, and voted on by the people’s representatives.
Regulating Commerce: Congress was given the power to regulate interstate and foreign commerce. At the time, the country was a patchwork of trade rules, tariffs, and economic chaos. Congress’s ability to create a unified system was key to the economic stability of the new nation.
Modern Challenges: From 1789 to Today
Okay, so that’s how it worked back then. But fast-forward to 2024, and things start to look a little… creaky. It’s kind of like trying to use an original iPhone in today’s world of 5G. It works, technically, but there are a lot of glitches.
The Senate Disparity: Remember that whole “two senators per state” thing? It worked great when the country was mostly small, sparsely populated states. But now, it’s a bit lopsided. California’s 40 million people get the same two votes in the Senate as Wyoming’s 600,000. It’s like giving the entire front row of a concert the same number of seats as the whole stadium. This disparity means that smaller states, which often lean more rural and conservative, have a disproportionate amount of power in the Senate. That’s why issues that have broad public support—like climate action or gun control—can get stalled because senators representing a small fraction of the population can block legislation.
Representation in the House: The House of Representatives, meanwhile, is supposed to be proportional to the population. But we’ve capped the number of representatives at 435 since 1929. This might have worked when the population was 120 million, but now, with 330 million people, each representative has to serve an average of about 750,000 constituents. It’s like expecting your local coffee shop barista to handle the morning rush all by themselves. There’s just no way they can give every constituent the attention they deserve.
The Filibuster: Ah, the filibuster—a rule that’s not actually in the Constitution, but has become a major player in modern Senate politics. Originally intended as a way for senators to extend debate on an issue, it’s now used as a tool to block legislation entirely unless you can muster 60 votes to overcome it. So, while the Constitution envisioned majority rule in most cases, in today’s Senate, you basically need a supermajority to get anything done. This can make passing laws incredibly difficult, even if a majority of Americans support them.
War Powers: The power to declare war? Well, technically Congress still has that power, but we haven’t declared a war since World War II. Instead, presidents have used military force through something called the War Powers Resolution of 1973, which allows the president to send troops into combat without a formal declaration of war. This has led to a situation where the U.S. is frequently involved in military conflicts without Congress ever actually declaring war—something the Founders definitely did not intend.
Commerce and Regulation: Congress’s power to regulate commerce is still there, but modern issues like the rise of multinational corporations, the digital economy, and climate change have made it harder for Congress to keep up. The Founders couldn’t have imagined a world where you could buy something on Amazon with a click and have it delivered the same day. The complexities of the modern economy—and the influence of corporate money in politics—mean that Congress often struggles to create effective, up-to-date regulations.
Amendments and Laws Affecting Article I
Several amendments and laws have modified how Article I works, but they’ve mostly focused on fine-tuning rather than overhauling the system.
The 17th Amendment (1913) changed how senators are elected. Originally, state legislatures chose them, but the amendment established direct election by the people. This was supposed to make the Senate more democratic, but it hasn’t solved the small-state/large-state imbalance.
The War Powers Resolution (1973) was Congress’s attempt to regain some control over military action. It requires the president to notify Congress within 48 hours of committing troops to combat and limits the use of troops to 60 days without Congressional approval. In practice, however, presidents have often found ways to work around this.
Gerrymandering: While not part of the Constitution, gerrymandering—the practice of drawing congressional districts to favor one party—has warped how the House represents the people. It’s possible for one party to control the House even if they don’t get the majority of votes, simply by drawing districts in creative ways. The Founders, I think, would’ve been pretty horrified by this. (more on that in future articles)
In Summary: A Great Start That Needs an Update
Article I was revolutionary for its time. It laid the groundwork for a representative democracy that could reflect the will of the people while protecting against tyranny. But as the country has grown, so too have the challenges. The population imbalance between states, the lack of representation in the House, and the modern use of the filibuster and war powers all show that Article I, while a great foundation, might need some updates to fit the realities of the 21st century.
And don’t even get me started on the political parties, the influence of corporate money, or the fact that Congress often seems more interested in grandstanding than governing. But hey, we’ll get to solutions another time. For now, let’s just appreciate that the Founders built something amazing, even if they couldn’t have imagined TikTok, billionaires, or Wyoming punching way above its weight class.
So that’s the view from 10,000 feet. Get ready, because next time, we’re diving deeper, and it’s gonna be a real shit show! I promise! We’re not splashing around aimlessly in the kiddie pool anymore!
