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Interpretation: Article I, Section 5, Ronald Weich, Martin B. Gold
Interpretation: Article I, Section 5, Ronald Weich, Martin B. Gold
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In Article I of the Constitution, the Framers vest the legislative authority of the United States government in a bicameral Congress, and over the ten sections of the Article they systematically flesh out the structure, duties, and powers of that Congress. In the early sections of Article I they describe the membership of each House, giving life to the “Great Compromise” of the Constitutional Convention under which each state has equal representation in the Senate but population-based representation in the House of Representatives. In Section 5, they grant Congress the power to govern itself.
Section 5 consists of four separate …
Defining Lawmaking Power, Kimberly L. Wehle
Defining Lawmaking Power, Kimberly L. Wehle
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This Article teases apart the various permutations of what the federal lawmaking power means, canvases the Court's historical treatment of that question, and describes its practical implications as a matter of both constitutional and administrative law. It proposes a taxonomy of lawmaking in an effort to bring coherence to the task of defining the lawmaking power as well as Congress's prerogative to exercise it.