This part of the Constitution sets out who gets to write, make, and pass legislation.
Article I, Section 1
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
This section is known as the Vesting Clause because it puts “all legislative Powers herein granted” in the hands of Congress. It also emphasizes that Congress’ authority is limited to the powers identified in the Constitution and that only Congress can make laws. While presidents do have powers through executive orders, they can be repealed by future presidents, which is why laws passed by both chambers of Congress are on firmer legal ground.
Article I, Section 1 also divides Congress into two chambers, the House of Representatives and the Senate. This structure is known as a bicameral system, which differs greatly from the unicameral structure used in the Articles of Confederation during the Continental Congress. The decision to switch to a bicameral system was inspired by concerns that the concentrated authority of the unicameral legislature would turn tyrannical and intrude on the people’s rights. The idea was to divide the federal government’s authority into different branches so each could act as a “check” on the other, keeping each from having too much power.
