Legacy (15 page)

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place than that in which the two houses shall be sitting.

SECTION 6 (1) The Senators and Representa- tives shall receive a compensation for their ser- vices, 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. (2) 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 emoluments 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.

SECTION 7 (1) All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amend- ments as on other bills. (2) Every bill which shall have passed the House of Representatives and the Senate shall, before it becomes a law, be presented to the Presi- dent of the United States; if he approve he shall

sign it, but if not he shall return it, with his objec- tions to that House in which it shall have origi- nated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House

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shall agree to pass the bill, it shall be sent, togeth with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. (3) Every order, resolution, or vote to which the concurrence of the Senate and House of Represen- tatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being dis- approved by him, shall be repassed by two thirds of the Senate and House of Representatives, accord- ing to the rules and limitation prescribed in the case of a bill.

SECTION 8 (1) The Congress shall have power to lay and collect taxes, duties, imposts and exices, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; (2) To borrow money on the credit of the United States; (3) To regulate commerce with foreign nations, and among the several States, and with the Indian tribes;

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(4) To establish an uniform rule of natural- ization, and uniform laws on the subject of bank- ruptcies throughout the United States; (5) To coin money, regulate the value thereof, and of fureign coin, and fix the standard of weights and measures; (6) To provide for the punishment of counter- feiting the securities and current coin of the United States; (7) To establish post offices and post roads; (8) To promote the progress of science and use- ful arts, by securing for limited times to authors and inventors the exclusive rights to their respec- tive writings and discoveries; (9) To constitute tribunals inferior to the Supreme Court; (10) To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations; (11) To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; (12) To raise and support armies, but no approp- riation of money to that use shall be for a longer term than two years; (13) To provide and maintain a navy; (14) To make rules for the government and regulation of the land and naval forces; (15) To provide for calling forth the militia to execute the laws of the Union, suppress insurrec- tions and repel invasions;

(16) 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 respec- tively, the appointment of the officers, and the

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authority of training the militia according to the discipline prescribed by Congress; (17) To exercise exclusive legislation in all cases whatsoever, over such district (not exceed- ing ten miles square) as may, by cession of par- ticular 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, dockyards, and other needful buildings; and (18) To make all laws which shall be necessary and proper for carrying into execution the fore- going powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof.

SECTION 9 (1) The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. (2) 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. (3) No bill of attainder or ex post facto law shall be passed. (4) No capitation, or other direct, tax shall be laid, unless in proportion to the census or enu- meration herein before directed to be taken. (5) No tax or duty shall be laid on articles exported from any State.

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(6) No preference shall be given by any regula- tion of commerce or revenue to the ports of one State over those of another: nor shall vessels bound to, or from, one State, be obliged to enter, clear, or pay duties in another. (7) No money shall be drawn from the Treas- ury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. (8) No title of nobility shall be granted by the United States: and no person holding any office or profit or trust under them, shall, without the con- sent of the Congress, accept of any present, emo- lument, office, or title, of any kind whatever, from any king, prince, or foreign State.

SECTION 10 (1) No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facio law, or law impairing the obligation of contracts, or grant any title of nobility. (2) No state shall, without the consent of Con- gress, la~ any imposts or duties on imports or exports, except what may be absolutely neces- sary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of

the Treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. (3) No State shall, without the consent of Con- gress, lay any duty of tonnage, keep troops, or

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ships of war in time of peace, enter into any agree- ment or compact with another State, or with a oreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

Article H

SECTION 1 (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 Presi- dent, chosen for the same term, be elected, as follows: (2) 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 Repre- sentative, 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 num- ber 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 Sen- ate 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 Presi- dent, if such number be a majority of the whole

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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 bal- lot ~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 pur- pose 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. (3) 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. (4) 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 residenif within the United States. (5) In the case of the removal of the President

from office, or of his death, resignation, or inabil- ity to discharge the powers and duties of the said office, the same shall devolve on the Vice Presi- dent, and the Congress may by law provide for the case of removal, death, resignation, or inability,

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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. (6) 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. (7) Before he enter on the execution of his Office, he shall take the following oath or affirma- tion:-'I do solemnly swear (or affirm) that I will faithfully execute the office of the President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.'

SECTION 2 (1) The President shall be com- mander 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 offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. (2) 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 ambassa- dors, 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 estab- lished 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) 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.

SECTION 3 He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such mea- sures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagree- ment between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassa- dors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

SECTION 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 misdemeanors.

Article IH

SECTION 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 compen- sation, which shall not be diminished during their continuance in office.

SECTION 2 (1) 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 con- troversies 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, and between a State, or the citizens thereof, and foreign States, citizens or subjects. (2) 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 appel- late jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. (3) The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been conunitted; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.