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Each State shall appoint, in such manner as the legislature thereof electing President and Vice may direct, a number of electors equal to the whole number of Senators President. 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 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 Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them
by ballot the Vice President.(a) Electors of
The Congress may determine the time of choosing the electors, and President and Vice President,
the day on which they shall give their votes; which day shall be the
same throughout the United States. Qualifications No person except a natural born citizen, or a citizen of the United of the Presi
States, at the time of the adoption of this Constitution, shall be eligible dent.
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. Vacancy in In case of the removal of the President from office, or of his death, the office of President. How
resignation, or inability to discharge the powers and duties of the said supplied, 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. Compensation The President shall at stated times, receive for his services, a comfor the services of the Presi.
pensation, which shall neither be increased nor diminished during the dent.
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.
Before he enter on the execution of his office, he shall take the fol
lowing oath or affirmation: Oath of office
“I do solemnly swear, (or affirm,) that I will faithfully execute the of the Presi.
office of President of the United States, and will, to the best of my dent,
ability, preserve, protect, and defend the Constitution of the United States."
§ 2. The President shall be commander-in-chief of the army and
(a) By an amendment to the Constitution, a substitute for this paragraph was adopted. Amendment, Art. 12, 01. This amendment was proposed in October 1803, and was ratified before September 1804. See the amendment, post.
navy of the United States, and of the militia
of the several States, when Powers and called into the actual service of the United States; he may require the duties of 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 of
May grant re. fences against the United States, except in cases of impeachment.
prieves and par.
dons. He shall have power, by and with the advice and consent of the May make Senate, to make treaties, provided two thirds of the Senators present treaties, by and concur;(a) and he shall nominate, and by and with the advice and con- and consent of sent of the Senate, shall appoint ambassadors, other public ministers the Senate. and consuls, judges of the Supreme Court, and all other officers of the Appointments
to office. 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.(6)
The President shall have power to fill up all vacancies that may hap Vacancies pen during the recess of the Senate, by granting commissions which during the re
cess of the Se. shall expire at the end of their next session.
$ 3. He shall, from time to time, give to the Congress information Give Congress of the state of the Union, and recommend to their consideration such the State of the measures as he shall judge necessary and expedient. He may on extra- Union. ordinary occasions, convene both Houses, or either of them; and in Convene Con. case of disagreement between them, with respect to the time of adjourn- Cressa
on extra. ment, he may adjourn them to such time as he shall think proper. He sions. When shall receive ambassadors and other public ministers. He shall take he may adjourn care that the laws be faithfully executed; and shall commission all the Congress,
Other powers officers of the United States.
and duties. $ 4. The President, Vice President, and all civil officers of the Removals United States, shall be removed from office on impeachment for, and from office by conviction of, treason, bribery, or other high crimes and misdemeanors. and conviction
Art. III. 1. The judicial power of the United States shall be vested of crimes. in one Supreme Court, and in such inferior courts as the Congress
Judicial pow. máy, from time to time, ordain and establish. The judges, both of the Judges to hold Supreme and inferior courts, shall hold their offices during good beha- office during viour ; and shall, at stated times, receive for their services, a compensa
Compensation tion, which shall not be diminished during their continuance in office.(c) not to be dimin.
$ 2. The judicial power shall extend to all cases, in law and equity, ished during arising under this Constitution, the laws of the United States, and trea- continuance in
office. ties made, or which shall be made, under their authority; to all cases Extent of juaffecting ambassadors, other public ministers, and consuls; to all cases dicial power. of admiralty and maritime jurisdiction; to controversies to which the
(2) The decisions of the Supreme Court of the United States on the powers and duties of the President of the United States have been the following : Marbury v. Madison, 1 Cranch, 137; 1 Cond. Rep. 267; 1 Peters, 296; 12 Peters, 524. Williams v. The Suffolk Ins, Com., 13 Peters, 415.
(b) Am. Ins. Comp. v. Canter, 1 Peters, 511, 517; with Mr. Justice Johnson's opinion. Ex parte Dun. can N. Hennen, 13 Peters, 230.
() The decisions of the Supreme Court of the United States on the 1st and 2d sections of the 3d article of the Constitution have been: The State of Rhode Island v. The State of Massachusetts, 12 Peters, 657-72. M‘Bride v. Hoey, 11 Peters, 167. Marbury v. Madison, 1 Cranch, 137; 1 Cond. Rep, 267. Es parte Crane, 5 Peters, 190. Ex parte Milburn, 9 Peters, 704. Town of Pawlet v. Clark et al., 9 Cranch, 292 ; 3 Cond. Rep. 408. Ex parte Kearney, 1 Wheat. 38; 5 Cond. Rep. 225. M'Cluny v. Silliman, 2 Wheat. 369; 4 Cond. Rep. 162. The United States v. Bevans, 3 Wheat. 336; 4 Cond. Rep. 275. United States v. Hamilton, 3 Dall. 17. Ex parte Bollman, 4 Cranch, 75; 2 Cond. Rep. 33. Ex parte Tobias Watkins, 3 Peters, 193. Cherokee Nation v. The State of Georgia, 5 Peters, 1.* Cohens v. 'The State of Virginia, 6 Wheat. 264. Osborn v. The Bank of the United States, 9 Wheat. 738; 5 Cond. Rep. 741. The United States v. Ortega, 11 Wheat. 467; 6 Cond. Rep. 394. Fowler v. Lindsey et al., 3 Dali. 411. The United States v. Goodwin, 7 Cranch, 108; 2 Cond. Rep. 434.
The third article of the Constitution of the United States enables the judicial department to receive jurisdiction to the full extent of the Constitution, laws and treaties of the United States, when any ques. tion respecting them shall assume such form that the judicial power is capable of acting on it. That power is capable of acting, only when the subject is submitted to it by a party who asserts his rights in a form prescribed by law. It then becomes a case. Osborn et al. o. The Bank of the United States, 9 Wheat. 738; 5 Cond. Rep. 741. VOL. I.-3
seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness whereof we have hereunto
subscribed our names. GEORGE WASHINGTON, PRESIDENT, and Deputy from Virginia.
New Hampshire.—John Langdon, Nicholas Gilman.
New Jersey.--William Livingston, David Brearley, William Paterson, Jonathan Dayton.
Pennsylvania.-Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, Gouverneur Morris,
Delaware.-George Read, Gunning Bedford, Jun., John Dickinson, Richard Bassett, Jacob Broom.
Maryland.- James M'Henry, Daniel of St. Thomas Jenifer, Daniel Carroll.
Virginia.- John Blair, James Madison, Jun,
North Carolina.-William Blount, Richard Dobbs Spaight, Hugh Williamson.
South Carolina.- John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler. Georgia.-William Few, Abraham Baldwin. Attest:
WILLIAM JACKSON, Secretary.
new States out
be delivered up on claim of the party to whom such service or labour
Formation of 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 of other States. more States, or parts of States, without the consent of the legislatures of the States concerned, as well as of the Congress.
The Congress shall have power to dispose of and make all needful Congress to rules and regulations respecting the territory or other property belonging dispose of and to the United States; and nothing in this Constitution shall be so con- make regulastrued as to prejudice any claims of the United States, or of any par
the territories ticular State.
or other proper § 4. The United States shall guarantee to every State in this Union ty of the U. s. a republican form of government, and shall protect each of them against
the U. S. of a invasion; and on application of the legislature, or of the executive,
republican form (when the legislature cannot be convened,) against domestic violence. of government Art. V. The Congress, whenever two thirds of both Houses shall to every State ;
and each State deem it necessary, shall propose amendments to this Constitution, or, on
to be protected the application of the legislatures of two thirds of the several States, shall from invasion, call a convention for proposing amendments, which, in either case, shall and against do.
mestic viobe valid to all intents and purposes, as part of this Constitution, when
lence. ratified by the legislatures of three fourths of the several States, or by
Amendments conventions in three fourths thereof, as the one or the other mode of to Constitution. ratification may be proposed by the Congress ; provided, that no amend
without its con. ment, which may be made prior to the year one thousand eight hundred
sent, shall be and eight, shall in any manner affect the first and fourth clauses in the deprived of an ninth section of the first article; and that no State, without its consent, equal suffrage shall be deprived of its equal suffrage in the Senate.
Debts &c., Art. VI. All debts contracted, and engagements entered into, before
contracted be the adoption of this Constitution, shall be as valid against the United fore the adopStates, under this Constitution, as under the confederation.
tion of the ConThis Constitution, and the laws of the United States which shall be stitution to be
valid against made in pursuince thereof, and all treaties made, or which shall be the U.S. 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,
The Constitu. any thing in the Constitution or laws of any State to the contrary not
tion and laws withstanding.
of the U.S. or The Senators and Representatives before mentioned, and the mem- treaties, the bers of the several State legislatures, and all executive and judicial supreme law of officers, both of the United States and of the several States, shall be Oath or affirbound, by oath or affirmation, to support this Constitution ; but no
mation to sup.
port the Constireligious test shall ever be required as a qualification to any office or
tution. public trust under the United States.
No religious ART. VII. The ratification of the conventions of nine States, shall be test a qualifica
tion for office. sufficient for the establishment of this Constitution between the States
Ratification of so ratifying the same.
in the Senate.
Done in Convention, by the unanimous consent of the States present, the
seventeenth day of September, in the year of our Lord one thousand (a) Prigg v. The Commonwealth of Pennsylvania, 16 Peters, 539. The clause in the Constitution re. lating to fugitives from labour, manifestly contemplates the existence of a positive, unqualified right on the part of the owner of the slave, which no State law or regulation can in any way qualify, regulate, control, or restrain. Any law or regulation which interrupts, limits, delays, or postpones the rights of the owner to the immediate command of his service or labour, operates pro tanto, a discharge of the slave therefrom. The question can never be how much he is discharged from ; but whether he is dis. charged from any service by the natural and necessary operation of the State laws, or State regulations. The question is not one of quantity and degree, but of withholding or controlling the incidents of a posi. tive right.
The owner of a fugitive slave has the same right to take him in a State to which he has escaped or Aed, that he had in the State from which he escaped; and it is well known that this right to seizure or re-capture is universally acknowledged in all the slave-holding States. Ibid.
Limitation of the judicial power.
Election of President and Vice President of the U, S.
stitution, nor prohibited by it to the States, are reserved to the States respectively or to the people.
Art. XI. 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.(a)
Art. XII. § 1.(6) 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 ballots the person voted for as President, and in distinct ballots the person voted for as Vice President; 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 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 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 numbers, 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. 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. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.
(a) The amendment to the Constitution by which the judicial power was declared not to extend to any suit commenced or prosecuted by a citizen or citizens of another State, or by foreign subjects against a State, prevented the exercise of jurisdiction in any case past or future. Hollingsworth v. The State of Virginia, 3 Dall. 378; 1 Cond. Rep. 169.
(b) This amendment was proposed in October, 1803, and was ratified before September, 1804.