« ПредыдущаяПродолжить »
4. [Time of choosing electors.]—The congress may determine the time of chusing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States.
5. [President-Qualifications.]—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.
6. (Vacancy-Acting president.]-In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice-president, and the congress may, by law, provide for the case of removal, death, resignation or inability, both of the president and vice-president, declaring what officer shall then act as president, and such officer shall act accordingly, until the disability be removed, or a president shall be elected.
7. [Same_Compensation.]—The president shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.
8. [Oath.]—Before he enters on the execution of his office, he shall take the fol. lowing oath or affirmation.
9. [Same.]—“I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will, to the best of my ability, preserve, protect, and defend the constitution of the United States.”
1. [Powers of the president.] The president shall be commander-inchief 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 offices; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
2. [Same-Official appointments.]–He shall have power, by and with the advice and consent of the senate, to make treaties, provided 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. But the congress may, by law, vest the appointment of such inferior officers as they think proper, in the president alone, in the courts of law, or in the heads of departments.
3. [President may fill vacancies.]—The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions, which shall expire at the end of their next session.
1. [Duties of president.]–He shall from time to time give to the congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient. He may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall
He shall receive ambassadors and other public ministers. He shall take care that the laws be faithfully executed; and shall commission all the officers of the United States.
1. [How officers removed from office.]—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 misdemeanors.
SECTION I. 1. [Judicial power.]—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 yood behavior; and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.
1. [Same Extent.]—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, or other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; 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 states claiming lands under grants of different states, and between a state or the citizens thereof, and foreign states, citizens or subjects.
2. [Supreme court-Jurisdiction.]—In all cases affecting ambassadors; other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. In all the other cases, before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the congress shall make.
3. [Trial of Crimes.]-The trial of all crimes, except in cases oí' impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.
1. [Treason.]—Treason against the United States shall consist only in levying war against them, or in adhering to their enemies; giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court.
2. [Same-Punishment.)-The congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood or forfeiture, except during the life of the person attainted.
1. [Faith given acts, etc., of states.]—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.
1. [Reciprocity of citizenship.]—The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
2. [Criminals to be delivered up.] A person charged in any state with treason, felony, or other crime, who shall flee 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.
3. [Runaway slaves, etc.)-No person held to service or labour in one state, under the laws thereof escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour; but shall be delivered up on claim of the party to whom such service or labour may be due.
SECTION III. 1. [Admission of new states.]—New states may be admitted by the con. gress into this Union, but no new state shall be formed or erected within the jurisdiction of any 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 concerned, as well as of the congress.
2. [Powers of congress over territories, etc.]—The congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.
1. [Guarantee and protection of each state.]—The United States shall guarantee to every state in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence.
ARTICLE V. 1. [Amendments, how made.]—The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments 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 three-fourths of the several states, or by convention in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress: Provided, that no amendment, which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate.
ARTICLE VI. 1. [Debts assumed.]-All debts 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.
2. [Supreme law of the land.]-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; anything in the constitution or laws of any state to the contrary notwithstanding.
3. [Officers to support this constitution-No religious test.), The senators and representatives, before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United 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 VI. [Ratification.]—The ratification of the conventions of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the
same. Done in convention, by the unanimous consent of the states present, the seventeenth day of September, in the
year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of Ameriea the twelfth,
nes ereof, we have hereunto subscribed our names. ATTEST:
GEORGE WASHINGTON, WILLIAM JACKSON, Secretary.
AMENDMENTS TO THE CONSTITUTION.
ARTICLE I. [Religion-Free speech-Press-Right of petition.]-Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the government for a redress of griev
ARTICLE II. [People may keep arms.]—A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.
ARTICLE III. [Quartering of soldiers.]-No soldier shall in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
ARTICLE IV. (Unreasonable searches and seizures.]—The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
ARTICLE V. [Presentment or indictment in criminal cases-Rights of private property.]—No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject, for the same offense, to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just compensation.
ARTICLE VI. (Rights of accused.]—In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously amertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him; to have compulsory process, for obtaining vitnesses in his favor, and to have the assistance of counsel for his defense.
ARTICLE VII. [Right of trial by jury.]-In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and 10 fact, tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
ARTICLE VIII. [Bail-Fines-Punishments.]-Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
ARTICLE IX. [Reserved rights.]-The enumeration, in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
ARTICLE X. [Reserved powers.] The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states, respectively, or to the people.
ARTICLE XI. [Restriction of judicial powers.]—The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States, by citizens of another state, or by citizens or subjects of any foreign state.
ARTICLE XII. 1. (Election of president.]—The electors shall meet in their respective states and vote by ballot, for president and vice-president, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballot the person voted for as president, and in distinct ballots the person voted for as vicepresident; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists 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 house of representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest number, not exceeding three, on the list of those voted for as president, the house of representatives shall choose immediately, by ballot, the president. But, in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a president, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as president, as in the case of the death or other constitutional disability of the president.
2. [Election of vice-president.]—The person having the greatest number of votes as vice-president shall be the vice-president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president; a quorum, for the purpose, shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.
3. [Eligibility of vice-president.]-But no person constitutionally ineligible to the office of president, shall be eligible to that of vice-president of the United States.
ARTICLE XIII. 1. [Slavery abolished.] – Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
2. [Same.]-Congress shall have power to enforce this article by appropriate legislation.
ARTICLE XIV. SECTION 1. [Citizenship defined-Rights guaranteed.]—All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are