Future Constitutional Conventions; how Called; Election of Delegates; Compensation; Quorum; Submission of Amendments; Officers; Rules; Vacancies; taking Effect. SECT. 2. At the general election to be held in the year one thousand nine hundred and sixteen, and every twentieth year thereafter, and also at such times as the Legislature may by law provide, the question, "Shall there be a conven tion to revise the Constitution and amend the same?" shall be decided by the electors of the State; and in case a majority of the electors voting thereon shall decide in favor of a convention for such purpose, the electors of every senate district of the State, as then organized, shall elect three delegates at the next ensuing general election at which members of the Assembly shall be chosen, and the electors of the State voting at the same election shall elect fifteen delegates-at-large. The delegates so elected shall convene at the capitol on the first Tuesday of April next ensuing after their election, and shall continue their session until the business of such convention shall have been completed. Every delegate shall receive for his services the same compensation and the same mileage as shall then be annually payable to the members of the Assembly. A majority of the convention shall constitute a quorum for the transaction of business, and no amendment to the Constitution shall be submitted for approval to the electors as hereinafter provided, unless by the assent of a majority of all the delegates elected to the convention, the yeas and nays being entered on the journal to be kept. The convention shall have the power to appoint such officers, employes and assistants as it may deem necessary, and fix their compensation and to provide for the printing of its documents, journal and proceedings. The convention shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualifications of its members. In case of a vacancy, by death, resignation or other cause, of any district delegate elected to the convention, such vacancy shall be filled by a vote of the remaining delegates representing the district in which such vacancy occurs. If such vacancy occurs in the office of a delegate-at-large, such vacancy shall be filled by a vote of the remaining delegates-at-large. Any proposed constitution or constitutional amendment which shall have been adopted by such convention, shall be submitted to a vote of the electors of the State at the time and in the manner provided by such convention, at an election which shall be held not less than six weeks after the adjournment of such convention. Upon the approval of such constitution or constitutional amendments, in the manner provided in the last preceding section, such constitution or constitutional amendment, shall go into effect on the first day of January next after such approval. Amendments of Convention and Legislature submitted coincidently. SECT. 3. Any amendment proposed by a constitutional convention relating to the same subject as an amendment proposed by the Legislature, coincidently submitted to the people for approval at the general election held in the year one thousand eight hundred and ninety-four, or at any subsequent election, shall, if approved, be deemed to supersede the amendment so proposed by the legislature. ARTICLE XV Time of taking Effect. SECT. I. This Constitution shall be in force from and including the first day of January, one thousand eight hundred and ninety-five, except as herein otherwise provided. Done in Convention at the Capitol in the city of Albany, the twenty-ninth day of September, in the year one thousand eight hundred ninety-four, and of the Independence of the United States of America the one hundred and nineteenth. In witness whereof, we have hereunto subscribed our names. JOSEPH HODGES CHOATE, Charles Elliott Fitch, Secretary President and Delegate-at-Large CONSTITUTION OF THE UNITED STATES PREAMBLE WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, 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. ARTICLE I. LEGISLATIVE DEPARTMENT SECTION I. CONGRESS 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.1 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 qualificaElection of tions requisite for electors of the most numerous branch of the State Legislature. Members No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven Qualifications 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. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, 1 The term of each Congress is two years. It assembles on the first Monday in December and "expires at noon of the fourth of March next succeeding the beginning of its second regular session, when a new Congress begins." according to their respective numbers,1 which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons.2 The actual Apportionment enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each State shall have at least one representative and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three; Massachusetts, eight; Rhode Island and Providence Plantations, one; Connecticut, five; New York, six; New Jersey, four; Pennsylvania, eight; Delaware, one; Maryland, six; Virginia, ten; North Carolina, five; South Carolina, five; and Georgia, three. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. Vacancies 8 The House of Representatives shall choose their Speaker1 and other officers; and shall have the sole power of impeachment. Officers Impeachment Number SECTION 3. SENATE The Senate of the United States shall be composed of two senators from each State, chosen by the Legislature thereof, for six years; and each senator shall have one vote. of Senators: Election Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year; of the second class, at the expiration of the fourth year; of the third class, at 1 The apportionment under the census of 1910 is one representative for about 220,000 persons. 2 The word "persons" refers to slaves. This paragraph has been amended (Amendments XIII and XIV) and is no longer in force. 3 Governor. 4 The speaker is one of the representatives; the other officers - clerk, sergeant-at-arms, postmaster, doorkeeper, etc.—are not. t the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any Classification State, the executive1 thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of Qualifications the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. The Vice-President of the United States shall be president President of of the Senate, but shall have no vote, unless they be equally divided. Senate The Senate shall choose their other officers, and also a president pro tempore, in the absence of the VicePresident, or when he shall exercise the office of Officers President of the United States. The Senate shall have the sole power to try all impeachments: When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief-Justice shall preside: and no person shall be convicted without the concurrence of Trials of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and Judgment in Case of Conviction enjoy any office of honor, trust, or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment, and punishment, according to law. Manner of SECTION 4. BOTH HOUSES The times, places, and manner of holding elections for senators and representatives shall be prescribed in each State by the Legislature thereof; but the Congress may at any time, by law, make or alter such regulations, electing Members except as to the places of choosing senators.2 1 Governor. 2 This is to prevent Congress from fixing the places of meeting of the state legislatures. |