THE HOUSE of REPRESENTATIVES
- Nov 30, 2025
- 5 min read
Updated: Feb 16
Article I
Section 2: The House of Representatives
The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall not have attained to the Age of twenty-five Years and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. (Mandatory that the representative be an inhabitant of the State which he was elected to represent)
THE FRAMERS OF OUR CONSTITUTION BELIEVED THAT THE HOUSE OF REPRESENTATIVES SHOULD BE THE MOST IMPORTANT BRANCH OF GOVERNMENT
As you will note the House of Representatives is the first branch of government created in the Article I, Section 2 of the Constitution. It was given preference above the Senate, the President and the Supreme Court. The Number of Representatives shall not exceed one for every thirty Thousand.
In Federalist No 39, James Madison first defined what makes a government republican, noting two main points: (1) A government which derives all its powers directly or indirectly from the great body of the people; (2) Administered by persons holding their offices during pleasure, for a limited period, or during good behavior.
Madison also lambasted the aristocratic classes of wealthy elite members of society who sought to bend government to their favor: "It is ESSENTIAL to such a government that it be derived from the great body of the society, not from an inconsiderable proportion, or a favored class of it; otherwise, a handful of tyrannical nobles..." (Federalist No. 39).
Madison was concerned about majority factions that could “sacrifice to its ruling passion or interest both the public good and the rights of other citizens.” He delivered a well-reasoned argument as to why the Constitution was uniquely capable of preventing the United States’ domination by factions and special interest groups. He greatly feared the “tyranny of the majority.” He reasoned the new Constitution would be able to help prevent “tyranny of the majority.” (Federalist No 10)
In Federalist 43 James Madison was concerned that the main issues here are: a) “to defend the system against aristocratic or monarchical innovations,” and b) to protect the principle of majority rule against the actions of a minority of “adventurers.”
Federalist No. 51 dove into the system of “checks and balances” within the new government. The House of Representatives members were to be elected via direct democracy and states were assigned members proportional to size. (More on the size of the House of Representatives latter.)
What Can the House of Representatives Do!
Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States.
Borrow Money on the credit of the United States.
Regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
Establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States,
Coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures.
Provide for the Punishment of counterfeiting the Securities and current Coin of the United States.
Establish Post Offices and Post Roads.
Promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.
Constitute Tribunals inferior to the Supreme Court.
Define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations.
Declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.
Raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years.
Provide and maintain a Navy.
Make Rules for the Government and Regulation of the land and Naval Forces.
Provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.
Provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.
Exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings; And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Powers Denied Congress
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus (a court order that requires a person who is in jail or government custody to be brought before a judge. The purpose of this writ is to determine whether their detention is lawful). It is a legal recourse used to challenge unlawful detention or imprisonment. shall not be suspended, unless in Cases of Rebellion or Invasion the Public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
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