Constitution lessons: Learn about the powers, duties and responsibilities of Congress

Editor's note: This is a regular feature on issues related to the Constitution and civics education written by Paul G. Summers, retired judge and state attorney general.

Our Founding Fathers, who envisioned the principles of the Declaration of Independence and the Constitution, had courage, intelligence and wisdom.

They could predict the future, see problems, and answer questions before most people knew there was a question.

Our Constitution has guided us since 1789. It has withstood wars, trials, and tribulations. It has weathered the storms of discontent, polarization, vicious ideology, and radical politics.

Our Constitution begins: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence (sic), promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

Those words mean that all power in America comes from the people and not delegated to the people,

The first paragraph provides for domestic tranquility, a common defense, general welfare, and liberty now and for our descendants. Those are the reasons we have a Constitution.

Reading and studying the Constitution is always time well spent.

The legislative branch directly represents the people in governing the U.S.

Article I, Section 1. The first section provides that all legislative powers granted by the Constitution through the people shall be vested in “Congress,” which shall consist of a Senate and a House of Representatives (House). Article I solely describes and concerns itself with the legislative branch of our federal government. Of the seven Articles of our Constitution, Article I, the legislative branch, is clearly the longest article.

Section 2. The House members (representatives) shall be elected every two years by the voters (electors) in their states. The voters or electors in the states for congressmen or congresswomen shall have the same qualifications as those who vote for “the most numerous branch” (usually the State House of Representatives) in a state. A representative must be at least 25 years old; a citizen of the U. S. for at least seven years; and, when elected, a resident of the state where elected. By a 1929 Congressional act, the House has 435 representatives.

This section provides for apportionment of representatives to states based on population; the greater populated states have more U. S. representatives than the states with less population. Early in history and now today, enumeration or apportionment of Congress is completed every 10 years after the census is taken. If a state gains population in that decade, then that state adds representatives, assuming the gain is greater than the average among the states.

Here's the difference between House impeachment and Senate trial

Each state has at least one representative, and vacancies shall be filled by special elections in each state. The governor or “executive authority” in each state has the power and duty to issue writs of election to fill those vacancies.

Section 2 concludes by providing that the House shall choose its Speaker and officers. The Constitution does not mandate that the Speaker be a member of the House of Representatives. Thus, and conceivably, the person named Speaker could be a person who is not a member of the House.

The House “…shall have the sole Power of Impeachment.”  We shall learn about impeachment (an accusation or charge) in later articles. The House has the charging decision, called impeachment. The Senate has the responsibility of trial. Be aware that an item or article of impeachment is simply a charge. Only the Senate can convict by “two thirds of the Members present.”

Paul G. Summers, a lawyer, is a former appellate and senior judge, district attorney general, and the attorney general of Tennessee. Raised in Fayette County, Judge Summers resides in Nashville and Holladay.

This article originally appeared on Nashville Tennessean: Civics education: These are the powers and duties of Congress