American Legislatures and Legislative Methods

By Paul S. Reinsch | Go to book overview

AMERICAN LEGISLATURES AND
LEGISLATIVE METHODS

CHAPTER I
1

THE CONGRESS OF THE UNITED STATES

THE framers of the United States Constitution placed in that document, immediately after the preamble, an article which provides for the organization and power of the legislative department of the Federal Government. This preëminence was rightly given the Legislature, inasmuch as it is the most important of the three departments into which the members of the Constitutional Convention of 1787, following the analysis of Montesquieu, divided the new government.

The United States Constitution is a grant of powers and not, like the state constitutions, a definition and limitation of powers previously existing; so that we must look for the powers which may be exercised by the Federal Legislature, either in some express grant made by the states to the Federal Government in the Constitution, or in some implied power found by necessary and proper deduction from such grant. All

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1
Prepared by Professor Bernard C. Steiner.

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