Imágenes de páginas
PDF
EPUB

mportation, not exceeding ten dollars for each person. The privilege of the wri beas corpus shall not be suspended, unless when in cases of rebellion or invasic

tations of Its Powers.

the public safety may require it. No bill of attainder or ex post facto law shall be passed. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. No tax or duty be laid on articles exported from any State. No preference shall be given by egulation of commerce or revenue to the ports of one State over those of another; all vessels bound to or from one State be obliged to enter, clear or pay duties in er. No money shall be drawn from the Treasury but in consequence of approons made by law; and a regular statement and account of the receipts and exures of all public money shall be published from time to time. No title of y shall be granted by the United States; and no person holding an office of profit st under them shall, without the co: sent of the Congress, accept of any present, ment, office or title of any kind whatever, from any king, prince or foreign State. c. 10. No State shall enter into any treaty, alliance or confederation; grant of marque and reprisal; coin money; emit bills of credit; make anything but

tations of

- Powers.

gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. No State shall, without the consent of the Congress, lay any imor duties on imports or exports, except what may be absolutely necessary for exg its inspection laws; and the net produce of all duties and imposts, laid by any on imports or exports, shall be for the use of the Treasury of the United States; 11 such laws shall be subject to the revision and control of the Congress, No shall, without the consent of Congress, lay any duty of tonnage, keep troops or of war in time of reace, enter into any agreement or compact with another State, h a foreign power, or engage in war, unless actually invaded, or in such immidanger as will not admit of delay.

ARTICLE II.

The President and His Powers.

ction 1. The executive power shall be vested in a President of the United States erica. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as toral College- follows: Each State shall appoint, in such manner as the bility, Succes- Legislature thereof may direct, a number of electors, equal Compensation. to the whole number of Senators and Representatives to which the State may be entitled in the Congress; but no

or or Representative or person holding an office of trust or profit under the United shall be appointed an elector. The electors shall meet in their respective States, te by ballot for two persons, of whom one at least shall not be an inhabitant of me State with themselves. And they shall make a list of all the persons voted for, the number of votes for each; which list they shall sign and certify, and transealed, to the seat of Government of the United States, directed to the President of nate. The President of the Senate shall, in the presence of the Senate and House resentativs, open all the certificates, and the votes shall then be counted. The having the greatest number of votes shall be the President, if such number be a ty of the whole number of electors appointed; and if there be more than one ave such a majority, and have an equal number of votes, then the House of sentatives shall immediately choose by ballot one of them President; and if no have a majority, then from the five highest on the list the said House shall in anner choose the President. But in choosing the President, the votes shall be by States, the representation from each State having one vote; a quorum for urpose shall consist of a member or members from two-thirds of the States, majority of all the States shall be necessary to a choice. In every case, after oice of the President, the person having the greatest number of votes of the s shall be the Vice-President. But if there should remain two or more who equal votes, the Senate shall choose from them by ballot the Vice-President. ongress may determine the time of choosing the electors, and the day on which hall give their votes which day shall be the same throughout the United States. rson except a natural born citizen or a citizen of the United States at the of the adoption of this Constitution shall be eligible to the office of President; shall any person be eligible to that office who shall not have attained to the thirty-five years, and been fourteen years a resident within the United States. se of the removal of the President from office, or of his death, resignation ility to discharge the powers and duties of the said office, the same shall devolve Vice-President, and the Congress may by law provide for the case of removal, resignation or inability both of the President and Vice-President, declaring officer shall then act as President, and such officer shall act accordingly until sability be removed or a President shall be elected. The President shall, at times, receive for his services a compensation which shall be neither increased minished during the period for which he shall have been elected, and he shall not within that period any other emolument from the United States, or any of Before he enters on the execution of his office, he shall take the following cath rmation: "I do solemnly swear (or affirm) that I will faithfully execute the of President of the United States, and will, to the best of my ability, preserve and defend the Constitution of the United States."

italy-mantag Powers.

upon aly

w LAAG

their respective offices, and he shall have power to gra reprieves and pardons for offences against the United State except in cases of impeachment. He shall have power, by and with the advice ar consent of the Senate, to make treaties, provided two-thirds of the Senators preser concur; and he shall nominate, and by and with the advice and consent of the Senat shall appoint ambassadors, other public ministers and consuls, judges of the Suprem Court, and all other officers of the United States, whose appointments are not here otherwise provided for, and which shall be established by law; but the Congress ma by law vest the appointment of such inferior officers as they think proper, in the Pres dent alone, in the courts of law or in the heads of departments. The President sha have power to fill up all vacancies that may happen during the recess of the Senat by granting commissions which shall expire at the end of their next session.

Sec. 3. He shall from time to time give to the Congress information of the sta of the Union, and recommend to their consideration such measures as he shall jud necessary and expedient; he may on extraordinary occa Messages and Extra sions convene both houses, or either of them, and in ca Sessions. of disagreement between them, with respect to the time adjournment, he may adjourn them to such time as he sha think proper; he shall receive ambassadors and other public ministers; he shall tal care that the laws be faithfully executed, and shall commission all of the officers the United States.

Sec. 4. The President, Vice-President and ail civil officers of the United Stat shall be removed from office on impeachment for a conviction of treason, bribery or other high crimes a misdemeanors.

Removal by Impeachment.

ARTICLE III.

Supreme Courts and Judicial Powers.

Section 1. The judicial power of the United States shall be vested in one Supren Court, and in such inferior courts as the Congress may from time to time ordain a establish. The judges, both of the supreme and inferior courts, shall hold their o fices. during good behavior, and shall at stated times receive for their services a con pensation which shall not be diminished during their continuance in office.

Power.

Sec. 2. The judicial power shall extend to all cases, in law and equity, arisin under this Constitution, the laws of the United States, and treaties made or whi shall be made, under their authority; to all cases affecti Limits of Judicial ambassadors, other public ministers and consuls; to a cases of admiralty and maritime jurisdiction; to controve sies to which the United States shall be a party; to co troversies between two or more States; between a State and citizens of another Stat between citizens of different States; between citizens of the same State claiming lan under grants of different States, and between a State, or the citizens thereof, and fo eign States, citizens or subjects. In all cases affecting ambassadors, other public mi isters and consuls, and those in which a State shall be a party, the Supreme Cou shall have original jurisdiction. In all the other cases before mentioned the Supren Court shall have appellate jurisdiction, both as to law and fact, with such exception and under such regulations as the Congress shall make. The trial of all crimes, e cept in cases of impeachment, shall be by jury; and such trial shall be held in t State where the said crime shall have been committed; but when not committ within any State, the trial shall be at such place or places as the Congress may law have directed.

Sec. 3. Treason against the United States shall consist only in levying w against them, or in adhering to their enemies, giving them aid and comfort. No pe Treason and Its Punishment.

son shall be convicted of treason unless on the testimo of two witnesses to the same overt act, or on confessi in open court. The Congress shall have power to decla the punishment of treason, but no attainder of treas shall work corruption of blood or forfeiture except during the life of the person a tainted.

ARTICLE IV.

Rights of States and Citizens.

Section 1. Full faith and credit shall be given in each State to the public act records, and judicial proceedings of every other State. And the Congress may general laws prescribe the manner in which such acts, records and proceedings sh be proved, and the effect thereof.

Sec. 2. The citizens of each State shall be entitled to all privileges and immuniti of citizens in the several States. A person charged in any State with treason, felon Equal Rights of

or other crime, who shall flee from justice, and be fou in another State, shall, on demand of the executive a thority of the State from which he fled, be delivered u 'to be removed to the State having jurisdiction of the crim No person held to service or labor in one State, under the laws thereof, escaping in

Citizens.

er, shall, in consequence of any law or regulation therein, be discharged fro service or labor, but shall be delivered up on claim of the party to whom suc e or labor may be due.

ec. 3. New States may be admitted by the Congress into this Union; but no ne shall be formed or erected within the jurisdiction of any other State; nor an

tion of New States.

<

State be formed by the junction of two or more States, < part of States, without the consent of the Legislature the States concerned as well as of the Congress. The Con gress shall have power to dispose of and make all needfu and regulations respecting the territory or other property belonging to the Unite s; and nothing in this Constitution shall be so construed as to prejudice an s of the United States, or of any particular State.

c. 4. The United States shall guarantee to every State in this Union a repub lican form of government, and shall protect each of ther ranty of Repub- against invasion, and on application of the Legislature, n Government. of the executive (when the Legislature cannot be convened against domestic violence.

ARTICLE V.

Amendments to Constitution.

he Congress, whenever two-thirds of both houses shall deem it necessary, sha se amendments to this Constitution, or, on the application of the legislatures o two-thirds of the several States, shall call a convention fo on by Congress- proposing amendments, which in either case shall be vali Ratification. to all intents and purposes, as part of this Constitution when ratified by the legislatures of three-fourths of th al States, or by conventions in three-fourths thereof, as the one or the othe of ratification may be proposed by the Congress; provided that no amendmen à may be made prior to the year one thousand eight hundred and eight shall i nanner affect the first and fourth clauses in the ninth section of the first article hat no State, without its consent, shall be deprived of its equal suffrage in th

e.

ARTICLE VI.

Supreme Authority of Constitution.

ts and Treatiesial Oaths-No gious Test.

11 debts contracted and engagements entered into before the adoption of this Con ion shall be as valid against the United States under this Constitution as unde the confederation. This Constitution, and the laws of th United States which shall be made in pursuance thereof and all treaties made, or which shall be made, under th authority of the United States, shall be the supreme lav of the land; and the judges in every State shall be boun oy, anything in the Constitution or laws of any State to the contrary notwith ing. The Senators and Representatives before mentioned, and the members everal State legislatures, and all executive and judicial officers, both of the Unite and of the several States, shall be bound by oath or affirmation to support thi itution; but no religious test shall ever be required as a qualification to any offic blic trust under the United States.

ARTICLE VII.

Ratification of Constitution.

[ocr errors]

he ratification of the convention of nine States shall be sufficient for the estab lishment of this Constitution between the States so ratify. · States Sufing the saine. nt to Establish. Done in corvention by the unanimous consent of the State present, the seventeenth day of September, in the yea our Lord one thousand seven hundred and eighty-seven, and of the independenc the United States of America the twelfth. In witness whereof we have here nto subscribed our names.

GEO. WASHINGTON, President and Deputy from Virginia. Hampshire-JOHN LANGDON, NICHOLAS GILMAN. chusetts-NATHANIEL GORHAM, RUFUS KING. ecticut-WM. SAML. JOHNSON, ROGER SHERMAN. York-ALEXANDER HAMILTON.

Jersey-WILL. LIVINGSTON, DAVID BREARLY, WM. PATERSON,

DAYTON.

JONA

sylvania-B, FRANKLIN, THOMAS MIFFLIN, ROBERT MORRIS, GEO CLYMER, THOMAS FITZSIMONS, JARED INGERSOLL, JAMES WILSON, GOUV. MORRIS.

ware-GEO. READ, GUNNING BEDFORD, Jun'r, JOHN DICKINSON, RICHARD BASSETT, JACO, BROOM.

and-JAMES M'HENRY, DAN. OF ST. THOMAS JENIFER, DANL, CARROLL ia-JOHN BLAIR, JAMES MADISON, Jun'r.

Carolina-WM. BLOUNT, RICHARD DOBBS SPAIGHT, HU. WILLIAMSON.
Carolina-J. RUTLEDGE, CH'S COATESWORTH PINCKNEY, CHARLES
PINCKNEY, PIERCE BUTLER.
ia-WILLIAM FEW, ABR. BALDWIN.

Attest: WILLIAM JACKSON, Secretary.

CONSTITUTION OF THE UNITED STATES.

AMENDMENTS.

25

(The first ten amendments were proposed at the first session of the Ist Congress of United States, which was begun and held at the city of New-York on March 4, 1789, and were adopted by the requisite number of States.endments Speed- 1 vol. Laws of U. S., p. 72. They together constitute a Following Adop- Bill of Rights.) The following is the preamble and resoluà of Constitution. tion: Congress of the United States begun and held at the city of New-York, on Wednesday, the 4th of March, 1789. conventions of a number of the States having at the time of their adopting the titution expressed a desire, in order to prevent misconstruction or abuse of its rs, that further declaratory and restrictive clauses should be added; and as exng the ground of public confidence in the Government will best insure the benefends of its institution

Resolved by the Senate and House of Representatives of the United States of ica, in Congress assembled, two-thirds of both houses concurring, That the folg articles be proposed to the Legislatures of the several States as amendments > Constitution of the United States, all or any of which articles, when ratified by fourths of said Legislatures, to be valid to all intents and purposes as part of Constitution, namely:

RTICLE I.-Congress shall make no law respecting an establishment of religion, hibiting the free exercise thereof; or abridging the freedom of speech, or of the or the right of the people peaceably to assemble, and to petition the Government redress of grievances.

RTICLE II-A well regulated militia, being necessary to the security of a free the right of the people to keep and bear arms shall not be infringed. RTICLE III.-No soldier shall in time of peace be quartered in any house withe consent of the owner, nor in time of war, but in a manner to be prescribed RTICLE IV.-The right of the people to be secure in their persons, houses, and effects against unreasonable searches and seizures shall not be violated, › warrants shall issue, but upon probable cause, supported by oath or affirmation, articularly describing the place to be searched and the persons or things to be TICLE V.-No person shall be held to answer for a capital, or otherwise incrime, unless on a presentment or indictment of a grand jury, except in cases in the land or naval forces or in the militia when in actual service in time of public danger; nor shall any person be subject for the same offence to be twice jeopardy of life or limb; nor shall be compelled in any criminal case to be a against himself nor be deprived of life, liberty or property without due process nor shall private property be taken for public use without just compensation. TICLE VI.-In all criminal prosecutions the accused shall enjoy the right to y and public trial by an impartial jury of the State and district wherein the hall have been committed, which district shall have been previously ascertained and to be informed of the nature and cause of the accusation; to be confronted e witnesses against him; to have compulsory process for obtaining witnesses avor, and to have the assistance of counsel for his defence. TICLE VII.-In suits at common law, where the value in controversy shall $20, the right of trial by jury shall be preserved, and no fact tried by a jury otherwise re-examined in any court of the United States, than according to es of the common law.

TICLE VIII.-Excessive bail shall not be required, nor excessive fines imposed, el and unusual punishments inflicted.

ICLE IX.-The enumeration in the Constitution of certain rights shall not be d to deny or disparage others retained by the people.

CICLE X.-The powers not delegated to the United States by the Constitution, hibited by it to the States, are reserved to the States respectively, or to the

"ICLE XI.-(Proposed by Congress held at Philadelphia, December 2, 1793; on declared by President, January 8, 1798.) The judicial power of the United hall not be construed to extend to any suit in law or equity, commenced or ed against one of the United States by citizens of another State, or by citizens cts of any foreign State.

ICLE XII.-(Proposed at first session of VIIIth Congress, in Washington, 17, 1803; ratification announced by Secretary of State, September 25, 1804.) The electors shall meet in their respective States and vote on of Presi- by ballot for President and Vice-President, one of whom t and at least shall not be an inhabitant of the same State with resident. themselves; they shail name in their ballots the persons voted for as President, and in distinct ballots the persons as Vice-President, and they shall make distinct lists of all persons voted for ent, and of all persons voted for as Vice-President, and of the number of votes

oled to the goot of

ident. But in choosing the President, the vote shall be taken by States, th sentation from each State having one vote; a quorum for this purpose shall cot of a member or members from two-thirds of the States, and a majority of all th es shall be necessary to a choice. And if the House of Representatives shall no se a President whenever the right of choice shall devolve upon them, before th h day of March next following, then the Vice-President shall act as President a the case of the death or other constitutional disability of the President. Th on having the greatest number of votes as Vice-President shall be the Vice-Presi if such number be a majority of the whole number of electors appointed, an o person have a majority, then from the two highest numbers on the list, th te shall choose the Vice-President; a quorum for the purpose shall consist o thirds of the whole number of Senators, and a majority of the whole number sha ecessary to a choice. But no person constitutionally ineligible to the office c ident shall be eligible to that of Vice-President of the United States. ARTICLE XIII.-(Proposed by Congress February 1, 1865; ratification announce by Secretary of State, December 16, 1865.) Section Neither slavery nor involuntary servitude, except as a pun ishment for crime, whereof the party shall have been dul convicted, shall exist within the United States, or any plac

endments Foling Civil War.

ect to their jurisdiction. ARTICLE XIV. (Proposed by Congress June 16, 1866; ratification announced b etary of State, July 25, 1868.) Section 1. All persons born or naturalized in th ed States, and subject to the jurisdiction thereof, are citizens of the United State of the State wherein they reside. No State shall make or enforce any law whic abridge the privileges or immunitics of citizens of the United States, nor shall an e deprive any person of life, liberty or property without due process of law, no to any person within its jurisdiction the equal protection of the laws. Sec. 2. Representatives shall be apportioned among the several States accordin heir respective numbers, counting the whole number of persons in each Stat ading Indians not taxed. But when the right to vote at any election for th e of electors for President and Vice-President of the United States, Representa in Congress, the executive and judicial officers of a State, or the members of th slature thereof, is denied to any of the male inhabitants of such State, bein ty-one years of age, and citizens of the United States, or in any way abridge ot for participation in rebellion or other crime, the basis of representation there be reduced in the proportion which the number of male citizens shall bear to t e number of male citizens twenty-one years of age in such State. Sec. 3. No person shall be a Senator or Representative in Congress, or elector ident or Vice-President, or hold any office, civil or military, under the Unite es, or under any State, who, having previously taken an oath as member of Cor , or as an officer of the United States, or as a member of any State Legislatur s an executive or judicial officer of any State, to support the Constitution of th ed States, shall have engaged in insurrection or rebellion against the same, aid or comfort to the enemies thereof; but Congress may, by a vote of tw s of each house, remove such disability.

Note. On June 7, 1898, President McKinley approved of an act of Congress whi red that "the disabilities imposed by Section 3, XIVth Amendment of the Co tion, heretofore incurred, are hereby removed.")

Sec. 4. The validity of the public debt of the United States, authorized by la ding debts incurred for payment of pensions and bounties for services in su sing the insurrection or rebellion, shall not be questioned. But neither the Unit es nor any State shall assume or pay any debt or obligation incurred in aid rection or rebellion against the United States, or any claim for the loss or ema ion of any slave; but all such debts, obligations and claims shall be held illeg void.

Sec. 5. The Congress shall have power to enforce, by appropriate legislation, t sions of this article.

ARTICLE XV.-(Proposed by Congr-s February 27, 1869; ratification announc ecretary of State, March 30, 1870.) Section 1. The right of the citizens of ed States to vote shal! not be denied or abridged by the United States or by a e on account of race, color or previous condition of servitude.

Sec. 2. The Congress shall have power to enforce this article by appropria lation.

LAW AS то PRESIDENTIAL

SUCCESSION.

The Presidential succession is fixed by chapter 4 of the acts of the XLIXth C . first session. In case of the removal, death, resignation or inability of b President and Vice-President, then the Secretary of State shall act as Preside the disability of the President or Vice-President is removed or a President ed. If there be no Secretary of State, then the Secretary of the Treasury y and the remainder of the order of succession is as follows: The Secretary of W ney-General, Postmaster-General, Secretary of the Navy, Secretary of the and Secretary of Agriculture. The acting President must, upon taking off: ene Congress, if not at the time in session, in extraordinary session, giv ty days' notice. This act applies only to such Cabinet officers as shall have h inted by the advice and consent of the Senate, and are eligible under the C tion to the Presidency.

« AnteriorContinuar »