« ПретходнаНастави »
AMERICAN CONSTITUTION. 1787.
The new constitution of the United States of America was contained in
seven articles, the most essential part of which are as follow.
a piesentative who fous branch of in
Sect. 2. 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 qualification 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.
Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, 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 persons. The actual 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 eighi, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pensylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen to the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies,
The house of representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.
Sect. 3. The senate of the United States shall be composed of two senators from each stale chosen by the legislature thereof, for six years; and each senator shall have one vote.
Immediately Immediately after they shall be assembled in consequence of the first election, they shall be 1789 divided, as nearly as may be, into three classes. The seats of the senators of the first class shall be be vacated at the expiration of the second year; of the second class, at the expiration of the fourth year; and of the third class, at 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 state, the executive 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 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 of the senate; but shall have no vote, unless they be equally divided.
The senate shall choose their other officers, and also a president pro tempore, in the absence of the vice-president, or when he shall exercise the office of president of the United States.
The senate shall have the sole power to try all impeachments. Sect. 4. 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, except as to the places of choosing senators.
The congress shall assemble at least once in every year; and such meeting shall be on the first monday in december, unless they shall by law appoint a different day.
Sect. 5. Each house shall be judge of the elections, returns, and qualifications of its own · members, and a majority of each shall constitute a quorum to do business.
Sect. 6. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emolument whereof shall have been increased, during such time; and no person, holding any office under the United States, shall be a member of either house during his continuance in office.
Sect. 7. All bills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with amendments, as on other bills.
Every bill which shall have passed the house of representatives and senate shall, before it become a law, be presented to the president of the United States: if he approve, he shall sign it; but, if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to re-consider it. If, after such re-consideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be re-considered, and, if approved by two-thirds of that house, it shall become a law. · SECT. 8. The congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the commou defence and general welfare of the United States ; but all duties, imposts, and excises, shall be uniform throughout the United States.
To borrow money on the credit of the United States.
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes.
To establish an uniform rule of naturalization, and uniform laws on the subjects of bankruptcies, throughout the United States.
To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures.
To provide for the punishment of counterfeiting the securities and current coin of the United States.
To establish post-offices and post-roads.
To 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.
To constitute tribunals inferior to the supreme court,
To define and punish piracies and felonies committed on the high seas, and offences against the law of nations.
To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years.
To provide and maintain a navy.
To provide for calling forth the militia, to execute the laws of the union, suppress insurrections, and repel invasions.
To 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.
To 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 office thereof.
The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it.
Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the
president of the senate. The president of the senate shall, in the presence of the senate and
The congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.
No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of president; neither shall any person be eligible to that office, who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
Sect. 2. The president shall be commander in chief of the army and navy of the United States, and of the militia of the several states, when called into the actual service of the United States: he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective officers; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of the Senate, to make treaties, pro. vided two-thirds of the senators present concur; and he shall nominate, and, by and with the advice and consent of the senate, shall appoint, ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law.
Sect. 4. The president, vice-president, and all civil officers of the United States, shall be removed from office, on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanours.
ARTICLE III. Sect. 1. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.
Sect. 2. The judicial power shall extend to all cases in law and equity, arising under this. constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a pariy;. to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens, or. subjects.
ARTICLE IV. Sect. 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the congress may by general laws prescribe the manner in which such acts, records, and proceedings, shall be proved, and the effect thereof. .
Sect. 2. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
A person charged in any state with treason, felony, or other crime, who shall fly from justice and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. . Sect. 3. New states may be admitted by the congress into this union; but no new state shall be formed or erected within the jurisdiction of ony other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concernea, as well as of the congress. .
ARTICLE V. The congress, whenever two thirds of both houses shall deem it necessary, shafi propose amend. ments to this constitution, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid, to all intents and purposes, as part of this constitution, when ratified by the legislatures of threefourths of the several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress.
ARTICLE VI. All debis contracted, and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation..
This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.
The senators and representatives before mentioned, and the members of the several state legislatures, and all. executive and judicial officers, both of the Ugited States, and of the several states shall be bound, by oath or affirmation, to support this constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.
ARTICLE VII. The ratification of the conventions of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same.-.Ann. Regist.' 1787. State Papers,