網頁圖片
PDF
ePub 版

til after 1808.

[* See Art. 5, clause 1.]

not be prohibited by the Congress, prior to the year one prohibited unthousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.*

beas corpus

2. The privilege of the writ of habeas corpus shall not be Writ of hasuspended, unless when, in cases of rebellion or invasion, recognized, the public safety may require it.

&c.

tainder or ex

3. No bill of attainder, or ex post facto law, shall be No bills of atpassed.

post facto

laws.

according to

4. No capitation or other direct tax shall be laid, unless Direct taxes in proportion to the census or enumeration herein before directed to be taken.

census.

ty, nor prefer

State to anoth

5. No tax or duty shall be laid on articles exported from No export duany State. No preference shall be given by any regulation ence of one of commerce or revenue, to the ports of one State over those er in comof another: nor shall vessels, bound to or from one State be obliged to enter, clear, or pay duties in another.

merce.

expended by

6. No money shall be drawn from the Treasury, but in Money to be consequence of appropriations made by law: and a regular legal appro statement and account of the receipts and expenditures of all public money shall be published from time to time.

priation only.

7. No title of nobility shall be granted by the United No titles of nobility can be States. And no person, holding any office of profit or trust conferred by under them, shall, without the consent of the Congress, ac- the U. States cept of any present, emolument, office, or title, of any kind ficers accept whatever, from any king, prince or foreign State.

SECT. X.

nor can its of

presents, &c.

1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; Powers with emit bills of credit; make any thing but gold and silver coin States individa tender in payment of debts; pass any bill of attainder; ex ually.

post facto law, or law impairing the obligation of contracts;

or grant any title of nobility.

drawn from

exercise only

2. No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may Powers which be absolutely necessary for executing its inspection laws; the States can and the net produce of all duties and imposts, laid by any under the State on imports or exports, shall be for the use of the Treas- Congress. ury of the United States; and all such laws shall be subject to the revision and control of the Congress. No State shall,

sanction of

[ocr errors]

Executive power vested in a President, &c.

without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war, in time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

ARTICLE II.

SECT. I.

1. The Executive Power shall be vested in a President of the United States of America. 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 follows: Electors of 2. Each State shall appoint, in such manner as the LegisPresident and lature 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.

Vice Presi

dent, &c.

Their proceedings.

Meeting of the 3. The Electors shall meet in their respective States, and Electors of President, &c. vote by ballot for two persons, of whom one, at least, shall not 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 House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of Electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then, from the five highest on the list, the said House shall in like manner choose 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. In

every case, after the choice of the President, the person having the greatest number of votes of the Electors shall be the VicePresident. But if there shall remain two or more, who have equal votes, the Senate shall choose from them, by ballot, the Vice-President.*

[* Annulled. See amendments, Art. 12.]

determine the

4. The Congress may determine the time of choosing Congress may the Electors and the day on which they shall give their time of choosvotes; which day shall be the same throughout the United ing Electors of States.

President, &c.

to be natural

zen in 1788;

5. No person, except a natural born citizen, or a citizen The President of the United States at the time of the adoption of this Con- born, or a citistitution, shall be eligible to the office of President. Neith- aged 35 years; er shall any person be eligible to that office, who shall not and 14 years a have attained to the age of thirty-five years, and been four- United States. teen years a resident within the United States.

resident of the

office of Presi

President

act, &c.

to

6. In case of the removal of the President from office, or In case of vaof his death, resignation, or inability to discharge the cancy in the powers and duties of the said office, the same shall devolve dent the Vice 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. The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor of the PresiCompensation diminished, during the period for which he shall have been dent. elected; and he shall not receive, within that period, any other emolument from the United States, or any of them.

8. Before he enter on the execution of his office, he shall The President take the following oath or affirmation:

9. "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."

SECT. II.

to take
oath.

Form of the

oath.

an

1. The President shall be commander in chief of the army The President and navy of the United States, and of the militia of the sev- is Commanderal States, when called into the actual service of the United

2

er in chief,&c.

[merged small][ocr errors]

quire written

principal ex

He may re- States. He may require the opinion, in writing, of the prinopinions from cipal officer in each of the executive departments, upon any ecutive off subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons, for ofprieve & par- fences against the United States, except in cases of impeach

cers.

He can re

don.

conjunction

treaties, ap

sadors, &c.

ment.

He may, in 2. He shall have power, by and with the advice and conwith the Sen- sent of the Senate, to make treaties, provided two thirds of ate, make the Senators present concur: and he shall nominate, and by point Ambas- 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 proCongress may vided for, and which shall be established by law. But the appointments Congress may, by law, vest the appointment of such infedent alone or rior officers, as they shall think proper, in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies cies during the that may happen, during the recess of the Senate, by grantrecess of the ing commissions, which shall expire at the end of their next

vest certain

in the Presi

otherwise.

The President may fill vacan

Senate.

President to

session.

SEC. III.

1. He shall, from time to time, give to the Congress ininform Con- formation of the state of the Union; and recommend to gress and re- their consideration such measures as he shall judge necesmeasures; may sary and expedient.

commend

convene and

gress on cer

adjourn Con- Не He may, on extraordinary occasions, convene both Houstain occasions; es, or either of them, and in case of disagreement between receive Am- them, with respect to the time of adjournment, he may adsee the journ them to such time as he shall think proper. and commis receive Ambassadors and other public ministers.

bassadors, &c.

shall
laws executed;

He shall

He shall

of the United take care that the laws be faithfully executed; and shall commission all the officers of the United States.

States.

President, &c.

SECT. IV.

1. The President, Vice-President and all civil officers of removable on the United States, shall be removed from office, on impeachimpeachment and convic- ment for, and conviction of, treason, bribery, or other high

[blocks in formation]

ARTICLE III.

SECT. I.

&c.

1. The Judicial power of the United States shall be vestJudicial power ed in one Supreme Court, and in such Inferior Courts as vested in a Suthe Congress may from time to time ordain and establish. preme Court, The Judges, both of the Supreme and Inferior Courts, shall hold their offices during good behavior; and shall, at stated times, receive for their services, a compensation, which their offices shall not be diminished during their continuance in office. during good

SECT. II.

Judges to hold

behavior, &c.

Extent of the

er.

1. The Judicial Power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the Judicial powUnited 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 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 State, claiming lands under grants of different States, Article 11.] and between a State, or citizens thereof, and foreign States, citizens or subjects.*

[* See a testriction of this provision. Amendments

Supreme

2. In all cases, affecting Ambassadors, other public Ministers, and Consuls, and those in which a State shall be a Original and appellate jurisparty, the Supreme Court shall have original jurisdiction. diction of the In all the other cases before mentioned, the Supreme Court Court. shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make.

to be by jury,

3. The trial of all crimes, except in cases of impeachment, shall be by jury: and such trial shall be held in the State Trial of crimes where the said crimes shall have been committed; but when &c. not committed within any State, the trial shall be at such place or places, as the Congress may by law have directed.

SECT. III.

1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, Definition of giving them aid and comfort. No person shall be convict

treason.

« 上一頁繼續 »