Written by attorneys · grounded in primary & secondary sources — see below
The branch of government responsible for enacting laws. It holds the power to lay and collect taxes, regulate commerce, declare war, and make all laws necessary and proper for executing its enumerated powers.
Sources & Authorities
How it applies
Common Examples
6
Congress Enacts Tax Legislation
Lighthouse Shipping faces new federal taxes on imports. Congress exercises its power under Article I Section 8 to lay and collect duties uniform throughout the United States. The company must pay the assessed amounts or face enforcement actions by federal authorities.
One-House Veto Attempt Fails
Legacy Motors receives an executive order on emissions standards. The House passes a resolution blocking the order without Senate approval or presidential presentment. A court invalidates the resolution because it bypasses bicameralism and presentment requirements.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Latoya Lane seeks to enforce a state court judgment in federal court. The state legislature's act is authenticated with the state seal and clerk attestation. The federal court must give the judgment full faith and credit under the governing statute.
Electoral College Allocation
Leonard Lowe challenges how his state allocates presidential electors. The state legislature directs appointment of electors equal to its congressional representation. The allocation stands because the Constitution assigns this power to state legislatures.
Religious Display Statute Struck
Lillian Locke objects to a state law requiring Ten Commandments posters in public schools. The legislature asserts a secular purpose but the statute's religious character predominates. A court invalidates the law under the Establishment Clause.
Proof Standard in Juvenile Case
Lucia Lopez faces delinquency proceedings in state court. The legislature sets a preponderance standard for the offense. The court applies the beyond-a-reasonable-doubt requirement because due process commands it for juvenile adjudications.
In re Winship397 U.S. 358, 364, 90 S.Ct. 1068, 1073, 25 L.Ed.2d 368 (1970)
Common questions
Frequently Asked
4
What powers does the legislative branch hold under the Constitution?+
The legislative branch holds enumerated powers including laying taxes, regulating commerce, declaring war, and making laws necessary and proper to execute those powers. These powers are vested exclusively in Congress by Article I.
Supporting sources
Why is a one-house legislative veto unconstitutional?+
A one-house veto alters legal rights without bicameral passage and presentment to the President. The Constitution requires both houses and presidential approval for exercises of legislative power affecting persons outside Congress.
Supporting sources
How does the legislative branch interact with full faith and credit requirements?+
State legislative acts and judicial proceedings must be authenticated with seals and attestations. Once authenticated they receive the same credit in other courts as they receive in the originating state.
Supporting sources
What role does the legislative branch play in presidential elections?+
State legislatures direct the manner of appointing presidential electors. Each state receives a number of electors equal to its total senators and representatives.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…department alone. There may be acts of the Executive which are political and not examinable by the courts. But when the legislature imposes other duties on an officer and directs peremptorily the performance of certain acts on which rights of individuals depend, the officer is amenable to law for his conduct. The heads…