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美国宪法全文及参考译文
The Constitution of the United States
of America
美国宪法
编辑:
宗亚平
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:
The Constitution of the United States
of America
Preamble
We the People of
the United States, in Order to form a more perfect
Union, establish Justice,
insure
domestic Tranquility, provide for the common
defense, promote the general Welfare,
and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and
establish
this Constitution for the
United States of America.
Article I
Section 1
All legislative
powers herein granted shall be vested in a
Congress of the United States,
which
shall consist of a Senate and House of
Representatives.
Section 2
1. The House of Representatives shall
be composed of members chosen every second
year by the people of the several
States, and the Electors in each State shall have
the
qualifications requisite for
Electors of the most numerous branch of the State
Legislature.
2. No Person
shall be a Representative who shall not have
attained to the age of twenty five
years, and been seven years a citizen
of the United States, and who shall not, when
elected, be
an inhabitant of that State
in which he shall be chosen.
3. [Representatives and direct taxes
shall be apportioned among the several States
which
may be included within this
Union, according to their respective numbers,
which shall be
determined by adding to
the whole number of free persons, including those
bound to service
for a term of years,
and excluding Indians not taxed, three fifths of
all other persons.] The
actual
enumeration shall be made within three years after
the first meeting of the Congress of
the United States, and within every
subsequent term of ten years, in such manner as
they shall
by law direct. The number of
Representatives shall not exceed one for every
thirty thousand,
but each State shall
have at least one Representative; and until such
enumeration shall be
made, the State of
New Hampshire shall be entitled to choose three,
Massachusetts eight,
Rhode Island and
Providence Plantations one, Connecticut five, New
York six, New Jersey
four, Pensylvania
eight, Delaware one, Maryland six, Virginia ten,
North Carolina five, South
Carolina
five, and Georgia three.
4. When vacancies happen in the
representation from any State, the Executive
Authority
thereof shall issue writs of
election to fill such vacancies.
5. The House of Representatives shall
choose their Speaker and other officers; and shall
have the sole power of impeachment.
Section 3
1.
The Senate of the United States shall be composed
of two Senators from each State,
chosen
by the Legislature thereof, for six years; and
each Senator shall have one vote.
2. Immediately after they shall be
assembled in consequence of the first election,
they
shall be divided as equally as may
be into three classes. The Seats of the Senators
of the first
class shall be vacated at
the expiration of the second year, of the second
class at the
expiration of the fourth
year, and of the third class at the expiration of
the sixth year, so that
one third may
be chosen every second year; and if vacancies
happen by resignation, or
otherwise,
during the recess of the Legislature of any State,
the Executive thereof may make
temporary appointments until the next
meeting of the Legislature, which shall then fill
such
vacancies.
3. No Person
shall be a Senator who shall not have attained to
the age of thirty years,
and been nine
years a citizen of the United States, and who
shall not, when elected, be an
inhabitant of that State for which he
shall be chosen.
4. The
Vice President of the United States shall be
President of the Senate, but shall
have
no vote, unless they be equally divided.
5. The Senate shall choose their other
officers, and also a President pro tempore, in the
absence of the Vice President, or when
he shall exercise the Office of President of the
United
States.
6. The Senate
shall have the sole power to try all impeachments.
When sitting for that
purpose, they
shall be on oath or affirmation. When the
President of the United States is tried,
the Chief Justice shall preside: And no
person shall be convicted without the concurrence
of
two thirds of the members present.
7. Judgment in cases of impeachment
shall not extend further than to removal from
office, and disqualification to hold
and enjoy any office of honor, trust or profit
under the
United States: but the party
convicted shall nevertheless be liable and subject
to indictment,
trial, judgment and
punishment, according to law.
Section 4
1. The times,
places and manner of holding elections for
Senators and Representatives,
shall be
prescribed in each State by the Legislature
thereof; but the Congress may at any time
by law make or alter such regulations,
except as to the places of choosing Senators.
2. The Congress shall assemble at least
once in every year, and such meeting shall be on
the first Monday in December, unless
they shall by law appoint a different day.
Section 5
1.
Each House shall be the judge of the elections,
returns and qualifications of its own
members, and a majority of each shall
constitute a quorum to do business; but a smaller
number may adjourn from day to day, and
may be authorized to compel the attendance of
absent members, in such manner, and
under such penalties as each House may provide.
2. Each House may determine the rules
of its proceedings, punish its members for
disorderly behaviour, and, with the
concurrence of two-thirds, expel a member.
3. Each House shall keep a journal of
its proceedings, and from time to time publish the
same, excepting such parts as may in
their judgment require secrecy; and the yeas and
nays of
the members of either House on
any question shall, at the desire of one fifth of
those present,
be entered on the
journal.
4. Neither House, during the
session of Congress, shall, without the consent of
the other,
adjourn for more than three
days, nor to any other place than that in which
the two Houses
shall be sitting.
Section 6
1.
The Senators and Representatives shall receive a
compensation for their services, 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
amendments as on other bills.
2. Every
bill which shall have passed the House of
Representatives and the Senate, shall,
before it become a law, be presented to
the President of the United States; If he approve
he
shall sign it, but if not he shall
return it, with his objections to that House in
which it shall
have originated, who
shall enter the objections at large on their
journal, and proceed to
reconsider it.
If after such reconsideration two thirds of that
House shall agree to pass the bill,
it
shall be sent, together 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
Representatives 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 disapproved by him, shall be repassed by two
thirds of the Senate and House of
Representatives, according to the rules
and limitations prescribed in the case of a bill.
Section 8
1.
The Congress shall have power: To lay and collect
taxes, duties, imposts and excises,
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;
4. To establish a uniform rule
of naturalization, and uniform laws on the subject
of
bankruptcies throughout the United
States;
5. To coin money, regulate the
value thereof, and of foreign coin, and fix the
standard of
weights and measures;
6. To provide for the punishment of
counterfeiting 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 useful arts, by securing for limited times to
authors and inventors the exclusive
right to their respective 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 appropriation 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
insurrections 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 respectively, the appointment of
the officers, and the 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
exceeding ten
miles square) as may, by cession of particular
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, arsenals, dock-yards, and other
needful
buildings; and
18.
To make all laws which shall be necessary and
proper for carrying into execution the
foregoing 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
enumeration herein before
directed to be taken.
5. No tax or duty
shall be laid on articles exported from any State.
6. No preference shall be given by any
regulation 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 Treasury, 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 of profit or trust under them,
shall, without the consent of the Congress, accept
of any
present, emolument, 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 any thing
but 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.
2. No State shall,
without the consent of the Congress, lay any
imposts or duties on
imports or
exports, except what may be absolutely necessary
for executing it's 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 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
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-President
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 Representative, or
person holding an
office of trust or
profit under the United States, shall be appointed
an Elector.
3. 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.
4. 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.
5. 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. 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. 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. Before he enter on the
execution of his office, he shall take the
following oath or
affirmation:---
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 Commander 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, 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. 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 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 think proper; 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.
Section 4
1. 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 III
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 behavior, and shall, at
stated
times, receive for their services a compensation
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 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, 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
appellate jurisdiction, both as to
law
and fact, with such exceptions, and under such
regulations as the Congress shall make.
3. 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 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.
Section 3
1.
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. 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.
Article IV
Section 1
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.
Section 2
1. The Citizens of each State shall be
entitled to all privileges and immunities of
citizens
in the several States.
2. 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. 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 3
1.
New States may be admitted by the Congress into
this Union; but no new States 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. 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.
Section 4
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
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 conventions
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. 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.
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, any thing in the
Constitution or laws of any State to the contrary
notwithstanding.
3. 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 VII
The ratification of the conventions of
nine States, shall be sufficient for the
establishment of this Constitution
between the States so ratifying the same.
Signatures
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 Independance (sic) 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
Massachusetts - Nathaniel Gorham, Rufus
King
Connecticut - Wm Saml Johnson,
Roger Sherman
New York - Alexander
Hamilton
New Jersey - Wil Livingston,
David Brearley, Wm Paterson, Jona. Dayton
Pensylvania[1] - B Franklin, Thomas
Mifflin, Robt Morris, Geo. Clymer, Thos
FitzSimons,
Jared Ingersoll, James
Wilson, Gouv Morris
Delaware - Geo.
Read, Gunning Bedford jun, John Dickinson, Richard
Bassett, Jaco. Broom
Maryland - James
McHenry, Dan of St Tho Jenifer, Danl Carroll
Virginia - John Blair, James Madison
Jr.
North Carolina - Wm Blount, Richd
Dobbs Spaight, Hu Williamson
South
Carolina - J. Rutledge, Charles Cotesworth
Pinckney, Charles Pinckney, Pierce Butler
Georgia - William Few, Abr Baldwin
Attest: William Jackson, Secretary
Articles in Addition to, and Amendment
of,
The
Constitution of the United States of America,
proposed by Congress, and ratified by
the Legislatures of the Several States
pursuant to the Fifth Article of the Original
Constitution:
Amendment I [Religion, Speech, Press,
Assembly, Petition (1791)]
Congress shall make no law respecting
an establishment of religion, or prohibiting the
free exercise thereof; or abridging the
freedom of speech, or of the press; or the right
of the
people peaceably to assemble,
and to petition the Government for a redress of
grievances.
Amendment II
[Right to Bear Arms (1791)]
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.
Amendment III [Quartering of Troops
(1791)]
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.
Amendment IV
[Search and Seizure (1791)]
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.
Amendment V [Grand Jury,
Double Jeopardy, Self-Incrimination, Due Process
(1791)]
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 offence 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.
Amendment VI [Criminal
Prosecutions - Jury Trial, Right to Confront and
to Counsel (1791)]
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 ascertained 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
witnesses in his favor, and to have the Assistance
of
Counsel for his defense.
Amendment VII [Common Law Suits - Jury
Trial (1791)]
In Suits at common law, where the value
in controversy shall exceed twenty dollars, the
right of trial by jury shall be
preserved, and no 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.
Amendment VIII [Excess Bail or Fines,
Cruel and Unusual Punishment (1791)]
Excessive bail shall
not be required, nor excessive fines imposed, nor
cruel and unusual
punishments
inflicted.
Amendment IX
[Non-Enumerated Rights (1791)]
The enumeration in
the Constitution, of certain rights, shall not be
construed to deny or
disparage others
retained by the people.
Amendment X [Rights Reserved to States
(1791)]
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.
Amendment XI [Suits Against a State
(1795)]
Note: Article III, section 2, of the
Constitution was modified by amendment 11. 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.
Amendment XII [Election of
President and Vice-President (1804)]
Note: A portion of
Article II, section 1 of the Constitution was
superseded by the 12th
amendment. 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 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 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 case of the death or other constitutional
disability of the 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. But no person
constitutionally ineligible to the
office of President shall be eligible to that of
Vice-President
of the United States.
*Superseded by section 3
of the 20th amendment.
Amendment XIII [Abolition of Slavery
(1865)]
Note: A portion of Article IV, section
2, of the Constitution was superseded by the 13th
amendment.
Section 1.
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.
Section 2.
Congress shall have power to enforce
this article by appropriate legislation.
Amendment XIV [Privileges
and Immunities, Due Process, Equal Protection,
Apportionment
of Representatives, Civil
War Disqualification and Debt (1868)]
Note: Article I,
section 2, of the Constitution was modified by
section 2 of the 14th
amendment.
Section 1.
All persons born
or naturalized in the United States, and subject
to the jurisdiction thereof,
are
citizens of the United States and of the State
wherein they reside. No State shall make or
enforce any law which shall abridge the
privileges or immunities of citizens of the United
States; nor shall any State deprive any
person of life, liberty, or property, without due
process
of law; nor deny to any person
within its jurisdiction the equal protection of
the laws.
Section 2.
Representatives shall be apportioned
among the several States according to their
respective
numbers, counting the whole
number of persons in each State, excluding Indians
not taxed.
But when the right to vote
at any election for the choice of electors for
President and
Vice-President of the
United States, Representatives in Congress, the
Executive and Judicial
officers of a
State, or the members of the Legislature thereof,
is denied to any of the male
inhabitants of such State, being
twenty-one years of age,* and citizens of the
United States, or
in any way abridged,
except for participation in rebellion, or other
crime, the basis of
representation
therein shall be reduced in the proportion which
the number of such male
citizens shall
bear to the whole number of male citizens twenty-
one years of age in such
State.
Section 3.
No person shall
be a Senator or Representative in Congress, or
elector of President and
Vice-
President, or hold any office, civil or military,
under the United States, or under any
State, who, having previously taken an
oath, as a member of Congress, or as an officer of
the
United States, or as a member of
any State legislature, or as an executive or
judicial officer of
any State, to
support the Constitution of the United States,
shall have engaged in insurrection
or
rebellion against the same, or given aid or
comfort to the enemies thereof. But Congress
may by a vote of two-thirds of each
House, remove such disability.
Section
4.
The validity of the public debt of
the United States, authorized by law, including
debts
incurred for payment of pensions
and bounties for services in suppressing
insurrection or
rebellion, shall not be
questioned. But neither the United States nor any
State shall assume or
pay any debt or
obligation incurred in aid of insurrection or
rebellion against the United
States, or
any claim for the loss or emancipation of any
slave; but all such debts, obligations
and claims shall be held illegal and
void.
Section 5.
The
Congress shall have the power to enforce, by
appropriate legislation, the provisions of
this article.
*Changed by
section 1 of the 26th amendment.
Amendment XV [Rights Not to Be Denied
on Account of Race (1870)]
Section 1.
The right of
citizens of the United States to vote shall not be
denied or abridged by the United
States
or by any State on account of race, color, or
previous condition of servitude.
Section 2.
The Congress
shall have the power to enforce this article by
appropriate legislation.
Amendment XVI [Income Tax (1913)]
Note:
Article I, section 9, of the Constitution was
modified by amendment 16. The
Congress
shall have power to lay and collect taxes on
incomes, from whatever source
derived,
without apportionment among the several States,
and without regard to any census or
enumeration.
Amendment XVII [Election of Senators
(1913)
Note: Article I, section 3, of the
Constitution was modified by the 17th amendment.
The Senate of the United States shall
be composed of two Senators from each State,
elected by the people thereof, for six
years; and each Senator shall have one vote. The
electors in each State shall have the
qualifications requisite for electors of the most
numerous
branch of the State
legislatures.
When vacancies happen in
the representation of any State in the Senate, the
executive
authority of such State shall
issue writs of election to fill such vacancies:
Provided, That the
legislature of any
State may empower the executive thereof to make
temporary appointments
until the people
fill the vacancies by election as the legislature
may direct.
This amendment shall not be
so construed as to affect the election or term of
any Senator
chosen before it becomes
valid as part of the Constitution.
Amendment XVIII [Prohibition (1919)]
Section 1.
After
one year from the ratification of this article the
manufacture, sale, or transportation of
intoxicating liquors within, the
importation thereof into, or the exportation
thereof from the
United States and all
territory subject to the jurisdiction thereof for
beverage purposes is
hereby prohibited.
Section 2.
The Congress and
the several States shall have concurrent power to
enforce this article by
appropriate
legislation.
Section 3.
This
article shall be inoperative unless it shall have
been ratified as an amendment to the
Constitution by the legislatures of the
several States, as provided in the Constitution,
within
seven years from the date of the
submission hereof to the States by the Congress.
Amendment XIX [Women's
Right to Vote (1920)
The
right of citizens of the United States to vote
shall not be denied or abridged by the
United States or by any State on
account of sex.
Congress shall have
power to enforce this article by appropriate
legislation.
Amendment XX
[Presidential Term and Succession (1933)]
Section 1.
The
terms of the President and the Vice President
shall end at noon on the 20th day of
January, and the terms of Senators and
Representatives at noon on the 3d day of January,
of
the years in which such terms would
have ended if this article had not been ratified;
and the
terms of their successors shall
then begin.
Section 2.
The
Congress shall assemble at least once in every
year, and such meeting shall begin at noon
on the 3d day of January, unless they
shall by law appoint a different day.
Section 3.
If, at the time
fixed for the beginning of the term of the
President, the President elect shall
have died, the Vice President elect
shall become President. If a President shall not
have been
chosen before the time fixed
for the beginning of his term, or if the President
elect shall have
failed to qualify,
then the Vice President elect shall act as
President until a President shall
have
qualified; and the Congress may by law provide for
the case wherein neither a President
elect nor a Vice President shall have
qualified, declaring who shall then act as
President, or
the manner in which one
who is to act shall be selected, and such person
shall act accordingly
until a President
or Vice President shall have qualified.
Section 4.
The Congress may
by law provide for the case of the death of any of
the persons from whom
the House of
Representatives may choose a President whenever
the right of choice shall have
devolved
upon them, and for the case of the death of any of
the persons from whom the
Senate may
choose a Vice President whenever the right of
choice shall have devolved upon
them.
Section 5.
Sections 1 and 2
shall take effect on the 15th day of October
following the ratification of this
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