Article I of the Constitution발음듣기
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Article I of the Constitution
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[Instructor] Hey, this is Kim from Khan Academy and today I'm learning about Article I of the U.S. Constitution.발음듣기
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But principally what it does is create the Legislative Branch of government, which includes the House of Representatives, and the Senate, which together comprise the Congress of the United States.발음듣기
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Article I also tells us how people can get elected to those bodies, and what powers Congress has.발음듣기
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Ilya Somin is a professor of law at the Antonin Scalia Law School at George Mason University, whose research focuses on Constitutional law, property law and the study of popular political participation.발음듣기
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She's a leading expert on Constitution law and election law, and her research focuses on Federalism, diversity, and dissent.발음듣기
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[Dean Gerken] Article I gives an enormous amount of power to the legislative branch otherwise known as Congress.발음듣기
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And it was designed specifically to overcome some of the problems that they'd seen under the Articles of Confederation.발음듣기
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[Professor Somin] The legislative power under the Articles of Confederation was pretty weak, in part.발음듣기
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Because the Congress under the Confederate articles didn't have the authority to directly tax the states.발음듣기
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They also lacked a lot of other powers that were eventually given to Congress under the Constitution.발음듣기
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You need to be able to do certain things in order to protect it, especially at that time, when there were many, many other countries that were circling around wanting to grab the land and power.발음듣기
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[Kim] Okay, so we all know today that our Legislative Branch is made up of the Senate and the House of Representatives.발음듣기
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But it didn't have to be that way, so why was it that the framers settled on this two house structure for the Legislative Branch?발음듣기
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The large states, ones that have a lot of population wanted representation in Congress in accordance with population, obviously then the large states would get more representatives.발음듣기
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The small states, on the other hand, were concerned that they would be dominated by the large states if that happened.발음듣기
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So in the end, the compromise is you have one house, the House of Representatives which is largely apportioned based on population and one house, the Senate, which is apportioned based on each state having two votes, no matter how small or how large it is.발음듣기
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And the House of Commons, of course, being more subject to popular pressure, while the House of Lords were this elite aristocracy.발음듣기
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And it was thought that the Senate would fill that elite role, in part, because initially the senators were chosen by state legislatures, rather than by the voters directly.발음듣기
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[Dean Gerken] So the House of Representatives which is based on districts, is supposed to represent you based on where you live.발음듣기
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And the Senate, which is based on states, is supposed to allow, at that time, the state legislature to nominate two luminaries from the state to represent the state.발음듣기
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[Dean Gerken] Senators were appointed until the passage of the 17th Amendment, which amended Article I, and that gave state legislatures a fair amount of influence over who went to the national government.발음듣기
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[Professor Somin] But it is also true that many states by that time already effectively had popular election of senators.발음듣기
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Okay, so you described the Senate as being kind of the American version of the House of Lords, a little bit more elite, a little less subject to popular opinion.발음듣기
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For example, it has the power to ratify treaties and to confirm appointment to the Court and to the president's cabinet.발음듣기
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So earlier this year when Neil Gorsuch was appointed to the Supreme Court he had to be confirmed by the Senate.발음듣기
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Obviously today, the Senators are elected just like members of the House are, and I think they're every bit as partisan.발음듣기
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So the difference between the Senate and the House in that regard, maybe it hasn't completely disappeared but it's certainly greatly diminished.발음듣기
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I'll just say the House of Representatives for example, is allowed to initiate impeachment proceedings against the president.발음듣기
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[Professor Somin] If the House votes in favor of impeachment, then the Senate holds a trial to determine whether the official in question gets convicted or not.발음듣기
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For the big, important things, like passing legislation you need both of them to work together.발음듣기
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[Dean Gerken] The way that the framers understood it was that each one would have their own job.발음듣기
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So the judiciary, obviously, was there to judge disputes between people, to run the court system, et cetera.발음듣기
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And at the time, I will just tell you, everyone thought that the big gorilla in the room was Congress that it would be by far the most powerful organization.발음듣기
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The framers simply did not anticipate how powerful both the judiciary and the president would become over time.발음듣기
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In that event, Congress can only override it if two-thirds of both the House and the Senate voted to do so.발음듣기
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They can refuse to confirm the president's appointees to various offices, and in extreme cases, that have happened a couple of times in our history, Congress can even impeach the president.발음듣기
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The House of Representatives impeached him and Nixon resigned before he could be tried in the Senate.발음듣기
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President Andrew Johnson and President Bill Clinton were also both impeached, and in both cases, the Senate ultimately acquitted them, but it was still a very painful time for both of those presidents.발음듣기
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[Kim] So speaking of antagonistic relationships I think one thing that's really come to dominate Congress is partisanship.발음듣기
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[Professor Somin] They actually knew about parties to some degree from their British experience, but they were very suspicious of them.발음듣기
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And they hoped and perhaps expected that they wouldn't emerge in America to anything like the same extent that they had in Britain.발음듣기
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We already had the first party system the Federalists and the Democratic Republicans and partisan alignments have played a big role in Congress ever since then.발음듣기
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[Dean Gerken] So even back then there were rival interpretations of how the Constitution should be carried out, and what kind of power the national government should wield.발음듣기
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But they somehow thought, naively, I think, that the parties would disappear and that people would have allegiances to their state or to their region but they wouldn't have allegiance to a party.발음듣기
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That leads to a real problem these days, because most modern Constitutions recognize that there will be two parties, that they will be in competition with one another.발음듣기
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[Professor Somin] Would the founders have done anything differently if they had known about parties and expected that they would play such a big role?발음듣기
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It's hard to know for sure, but maybe they would have been less confident than some of them were that Congress would always stand up for its prerogatives against the president when the president and Congress are of the same party.발음듣기
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[Dean Gerken] Exactly. I mean the whole point about them needing one another to act is really a problem if one side is antagonistic to the other side.발음듣기
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[Kim] One other thing we see here in Article I is talking about kind of what the Federal government does versus what the states do.발음듣기
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Could you tell us a little bit more, just about what Federalism is and how it's supposed to work?발음듣기
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[Dean Gerken] So the way that we understand Federalism back then, was that there was a division of labor.발음듣기
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The states would regulate things that were inside their territories, and accorded to them in terms of responsibility.발음듣기
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And the Federal government would regulate everything that was accorded to it under the Constitution.발음듣기
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The problem is, as Congress' power became more and more expansive, it ended up regulating the same areas that the states regulate.발음듣기
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[Dean Gerken] As long as it's passed properly by the Federal government, then the Federal government wins.발음듣기
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So if there's a Federal law and the state law is inconsistent with it, the state law is displaced.발음듣기
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[Kim] Is there anything that might surprise the framers about how our Congress operates today?발음듣기
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They certainly expected that Congress would have more power under the Constitution than it did under the Articles of Confederation.발음듣기
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But I don't think very many of them would have believed that Congress would ever be able to do things like forbid the growth of medical marijuana in your backyard.발음듣기
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Or regulate what kind of toilet you're allowed to have in your house, or for that matter, do something like the war on drugs, which forbids the possession of drugs throughout the country, and the like.발음듣기
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Originally the power to regulate interstate commerce which is the authority under which most of these things are done.발음듣기
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It was at the time conceived of as a power for Congress to break down trade barriers between states and perhaps regulate the actual shipment or trading goods and services across state lines.발음듣기
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It was not until the 20th century, particularly after the New Deal, that Congress was able to start using this as a power to regulate nearly every aspect of human life that might in some respect affect the national economy.발음듣기
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[Dean Gerken] I think what would really surprise the framers is how willing Congress has been to give up its own power.발음듣기
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So Congress has given the president a lot of power because it's created administrative agencies with vaguely defined mandates that.발음듣기
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Therefore allow the president to use his entire administrative agency apparatus to pursue his goals.발음듣기
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[Kim] So we've learned that Article I of the Constitution establishes the Legislative Branch of the U.S. government, which is made up of the Senate and the House of Representatives.발음듣기
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These two bodies were created to balance popular power with elite power, since members of the House of Representatives were directly elected by the people whereas senators were appointed by state legislatures.발음듣기
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Although one major change is that senators are now elected as well, what might really surprise the framers about Congress today is how its power has evolved over time.발음듣기
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On one hand, as Heather Gerken mentioned, the powers of the president and the Supreme Court have grown compared to the powers of Congress.발음듣기
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But on the other hand as Ilya Somin points out, the framers might be surprised at just how much of our lives Congress can regulate today.발음듣기
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