Chapter I Colonial Period
Chapter II War of Independence
Chapter III Establishment of the National Government
The fourth chapter discusses the evolution of western and American culture.
Chapter V Regional Conflicts
Chapter VI Period of Development and Reform
Chapter VII Overseas Conflicts and Domestic Changes
Chapter VIII Modern America
annotations
Chapter I Colonial Period
Chapter II War of Independence
Chapter III Establishment of the National Government
The fourth chapter discusses the evolution of western and American culture.
Chapter V Regional Conflicts
Chapter VI Period of Development and Reform
Chapter VII Overseas Conflicts and Domestic Changes
Chapter VIII Modern America
annotations
Chapter I Colonial Period
Chapter II War of Independence
Chapter III Establishment of the National Government
The fourth chapter discusses the evolution of western and American culture.
Chapter V Regional Conflicts
Chapter VI Period of Development and Reform
Chapter VII Overseas Conflicts and Domestic Changes
Chapter VIII Modern America
annotations
Constitution of the United States (1787)
We, the American people, have formulated this Constitution for the United States of America in order to establish a more perfect union, establish justice, maintain domestic peace, provide common defense, promote public welfare, and enable ourselves and future generations to enjoy freedom and happiness.
first
Section one. All legislative powers granted by this Constitution belong to the United States Congress, which consists of the Senate and the House of Representatives.
Section 2. The House of Representatives is composed of representatives elected by the people of each state every two years. Voters in each state must have the necessary qualifications for the first-tier electors with the largest number in the state legislature.
Anyone under the age of 25, who has been a citizen of the United States for less than seven years, and who is not a resident of a state at the time of election, may not serve as a representative.
[The number of deputies and the amount of direct taxes shall be distributed among the states that can be incorporated into the Federation in proportion to their respective populations. The population of each state is determined by the total number of free people plus three-fifths of all other populations. The total number of free people includes those who have to serve hard labor for a certain number of years, but does not include Indians who have not been taxed. The actual population statistics shall be conducted in the manner prescribed by law within three years after the first meeting of the Congress of the United States and every ten years thereafter. No more than one representative shall be elected for every 30,000 people, but each state shall have at least one representative; Before the census, New Hampshire had the right to elect three people, eight in Massachusetts, one in Rhode Island and Providence, five in Connecticut, six in New York, four in New Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in Virginia, five in North Carolina, five in South Carolina and three in Georgia.
When the representative of any state becomes vacant, the administrative authority of that state shall issue an election order to fill the vacancy.
The House of Representatives elects its Speaker and other officials, and has the power of impeachment alone.
Section 3. The United States Senate consists of two senators elected by state legislatures for a term of six years; Each senator has one vote.
When senators met after the first election, they were immediately divided into three groups with as equal a number as possible. The first group of senators will be vacant at the end of the second year, the second group of senators will be vacant at the end of the fourth year, and the third group of senators will be vacant at the end of the sixth year. Therefore, one-third of senators must be re-elected every two years. If a vacancy occurs during the recess of any state legislature due to resignation or other reasons, the state chief executive may appoint a temporary senator to fill the vacancy before the next meeting of the state legislature.
Anyone under the age of 30, who has been a citizen of the United States for less than nine years and is not a resident of a state at the time of election may not serve as a senator.
The vice president of the United States should be the speaker of the Senate, but he has no right to vote unless the votes of the senators are equal.
The Senate elects other officials of its own court, and elects an interim speaker in the absence of the Vice President or in the exercise of the presidency of the United States.
Only the Senate has the power to hear all impeachment cases. When a court session is held for this purpose, all senators should take an oath or make a sworn statement. When the president of the United States is tried, the Chief Justice of the Supreme Court presides over the trial. No one can be convicted without the consent of two-thirds of the senators present.
The judgment of impeachment case shall not exceed the disqualification and disqualification from holding and enjoying any post with honor, responsibility or salary in the United States. However, convicted persons can still be prosecuted, tried, sentenced and punished according to law.
Article 4 The time, place and manner of election of senators and deputies shall be stipulated by the legislatures of each state. However, except where senators are elected, Congress can make or change such regulations at any time by law.
Congress meets at least once a year, unless it decides another date according to law, it will be held on the first Monday in December.
Article 5 Each court shall judge the election of its members, the report of election results and their qualifications. More than half of the members of the two houses constitute a quorum for deliberation; However, if a quorum is not reached, the meeting shall be adjourned on a daily basis, and absent members shall be forced to attend the meeting according to the methods and penalties stipulated by each house.
Each house can make its own rules of procedure, punish members who disturb the order, and expel them with the consent of two-thirds of the members.
Every hospital should have its own meeting minutes, which should be published from time to time, except for the part it thinks it is necessary to keep confidential. At the request of one-fifth of the members present, the affirmative and negative votes of the members of the two houses on any issue shall be recorded in the minutes of the meeting.
When the National Assembly is in session, neither house shall adjourn for more than three days without the consent of the other house, nor shall it adjourn anywhere where the two houses are not in session.
Section 6 Senators and congressmen shall receive remuneration for their services, which shall be prescribed by law and paid by the Treasury of the United States. In addition to committing treason, felony and disturbing the peace, they also enjoy the privilege of not being arrested during the meetings of their respective houses and on the way to and from their respective houses under any circumstances. In any other place, they shall not be questioned about their speeches or debates in their respective houses.
During the term of office, senators or representatives may not be appointed to any civil service post under the jurisdiction of the United States established or added during this period. No one serving in the government of the United States may serve as a member of any house during his continued service.
Article 7. All tax bills should be introduced in the House of Representatives first, but the Senate can propose or agree to amendments like other bills.
Every bill passed by the House of Representatives and the Senate must be sent to the President of the United States before it becomes law. If the president approves the bill, he should sign it; If it is not passed, the bill and its objections shall be returned to the original sponsor. This objection should be recorded in detail in our meeting minutes and reconsidered. If after reconsideration, two-thirds of the members of this association agree to pass the bill, and the bill together with the objection shall be sent to another association for reconsideration. If two-thirds of the members of this association agree, the bill will become law. However, in all these cases, the votes of the two houses are decided by the affirmative and negative votes; The names of members who voted for and against the bill shall be recorded in the minutes of each meeting of the House of Representatives. If a bill is not returned by the President within 10 days (except Sunday) after it is sent to the President, it will become law as if it had been signed by the President, unless it cannot be returned because the Congress is adjourned, in which case it will not become law.
Every order, resolution or vote (except recess) that must be unanimously agreed by the Senate and the House of Representatives shall be sent to the President of the United States. The order, resolution or vote must be approved by the President before it can take effect. If the president does not approve it, it should be re-approved by two-thirds of the members of the Senate and the House of Representatives according to the rules and restrictions stipulated in the bill.
Section 8. Congress has the right to:
To stipulate and collect direct taxes, import taxes, taxes and other taxes in order to pay off the national debt and provide the common national defense and public welfare of the United States, but all import taxes, taxes and other taxes should be unified throughout the country;
Borrowing with American credit;
Managing trade with foreign countries, among states and with Indian tribes;
Formulate uniform naturalization regulations and bankruptcy laws in the United States;
Foundry currency, determine the value of domestic currency and foreign currency, and determine the standards of weights and measures;
To stipulate penalties for counterfeiting American securities and common currency;
Set up post offices and build postal roads;
Guarantee the exclusive rights of writers and inventors to their own works and inventions in a limited time, so as to promote the progress of science and technology;
Establish a court lower than the Supreme Court;
Defining and punishing crimes of piracy and felony committed on the high seas and crimes against international law;
Declare war, issue licenses to capture enemy ships, and formulate land and water capture regulations;
Recruiting troops and supplying military materials, but the funding period for this purpose shall not exceed two years;
Establish and maintain a navy;
To formulate regulations for the governance and management of Lu Haijun;
To stipulate the recruitment of militia to enforce federal laws, suppress rebellion and repel invasion;
To provide for the organization, equipment and training of militia, and to provide for the management of militia who have served the United States, but the appointment of militia officers and the power to train militia according to regulations prescribed by Congress shall be reserved by the States;
For areas ceded by some states to the United States (not exceeding ten square miles) and accepted by Congress as the seat of the government of the United States, exclusive legislative power should be exercised under any circumstances; With the consent of the state legislature, exercise the same power over all places purchased by the United States in this state for the construction of forts, ammunition depots, ammunition depots, docks and other necessary buildings; And enact all necessary and appropriate laws to exercise the above-mentioned powers and all other powers granted to the United States government or any of its departments or officials by this Constitution.
Article 9. Before 1808, Congress shall not prohibit any state from allowing people to immigrate or enter the country, but the tax on such people's entry shall not exceed $0/0 per person. The privilege of habeas corpus shall not be suspended unless public security requires it in the case of rebellion or invasion.
No bill or retrospective law depriving citizens of their rights shall be passed.
No poll tax or other direct tax shall be levied unless it is in accordance with the census or statistical proportion stipulated in this Constitution.
Goods exported from any state should not be taxed.
No commercial or tax regulations may give a state port preferential treatment over other state ports; Ships bound for or leaving one state should not be forced to enter, leave or pay taxes in other States.
No money may be withdrawn from the state treasury except for the appropriation prescribed by law. All periodic reports and accounts of public funds shall be published at any time.
The United States may not grant titles of nobility. Without the consent of Congress, no one who holds a paid or responsible position in the United States may accept any gift, salary, official position or title of any kind from any king, monarch or foreign country.
Article 10 No country may: conclude any treaty or join any alliance or alliance; Issue a license to capture enemy ships; Foundry currency; Issue paper money; Use anything other than gold and silver coins as the currency to repay debts; Pass any bill that deprives citizens of their rights, retrospective laws or laws that damage contractual obligations; Or grant any title of nobility.
Without the consent of Congress, no state may impose any taxes on import and export goods, except those absolutely necessary for the implementation of the inspection law of the state. The net income of all taxes levied by any state on imports or exports is used by the US Treasury; All these laws must be amended and controlled by Congress.
Without the consent of Congress, no state may impose any tonnage tax on ships, keep troops or warships in peacetime, or conclude agreements or covenants with other States or foreign countries unless it is actually invaded or in urgent danger.
second
Section one. The executive power belongs to the President of the United States. The term of office of the president is four years, and the term of office of the vice president is the same. The president and vice president are elected according to the following methods; Each state shall elect a number of electors according to the method prescribed by the state legislature, and the number of electors shall be equal to the total number of senators and representatives in the state legislature. However, senators or representatives, or people who hold important or paid positions in the government of the United States, may not be elected as electors.
Voters meet in their respective States and vote for two people, at least one of whom is not a resident of the voter's state. The electors shall make a list, indicating all the candidates and the number of votes per person; Sign the list to testify, and send the sealed list to the president of the Senate at the seat of the US government. The speaker of the Senate opens all the certificates in front of all the members of the Senate and House of Representatives, and then counts the votes. The person who gets the most votes, if the number of votes exceeds half of the total number of electors selected, is the president. If more than one person obtains such a majority and the votes are equal, the House of Representatives shall immediately vote to elect one of them as President. If no one gets more than half of the votes; Similarly, the House of Representatives will elect a president from the top five people on the list. However, when the president is elected, the votes are counted by each state, and each state represents one vote; Two-thirds of the States each have one or more representatives present, which constitutes a quorum for the election of the president. The election of the president requires more than half of the votes of all States. In each case, after the president is elected, the person who gets the most electoral votes is the vice president. However, if two or more people get equal votes, the Senate will vote to elect one of them as the vice president.
Congress can decide the time for electors and the date for electors to vote, which should be the same day throughout the United States.
No one may be elected president unless he is a citizen of the United States at the time of birth or at the time of the adoption of this Constitution; People under the age of 35 who have lived in the United States for less than 14 years may not be elected president.
If the president is dismissed, dies, resigns or loses the ability to perform the functions and responsibilities of the president, the presidency shall be handed over to the vice president. Congress can legally stipulate that when the president and vice president are dismissed, dead, resigned or incapacitated, the official who should act as president should be announced. The official should act as the president until the president regains his office capacity or elects a new president.
The president shall receive remuneration for his services within the specified time, which shall not be increased or decreased during his term of office. During his term of office, the president shall not accept any other salary from the United States or any state.
Before beginning to perform his duties, the President should make the following oath or statement: "I solemnly swear (or declare) that I will faithfully perform my duties as President of the United States and do my best to safeguard, protect and defend the Constitution of the United States."
The President is the Commander-in-Chief of the Army, Navy, and Militia drafted by the States to serve in the United States. He must ask the executive head of each administrative department to submit written opinions on any matter related to their respective responsibilities. He has the right to issue probation orders and pardon orders for crimes against the United States, except impeachment cases.
The President has the right to conclude treaties after consulting and obtaining the consent of the Senate, but it must be approved by two-thirds of the senators present. He nominates and, after consulting and obtaining the consent of the Senate, appoints ambassadors, ministers and consuls, Supreme Court judges and all other American officials. The appointment procedures are not stipulated separately in this Constitution, but shall be prescribed by law. However, when Congress deems it appropriate, it can delegate the appointment power of such junior officials to the President, the court or the minister by law.
The president has the right to appoint people to fill vacancies that may occur when the Senate is not in session. This appointment will expire at the end of the next session of the Senate.
Section 3. The President shall report the federal situation to the Congress from time to time, and propose to the Congress such measures as he deems necessary and appropriate for its consideration. Under special circumstances, he must call a meeting of the two houses or any one house. If the two houses disagree on the adjournment time, he can adjourn until he thinks fit. He should receive the ambassador and the minister. He should be responsible for the effective implementation of the law and appoint all American officials.
Section 4. The president, vice president and all civil officials of the United States should be removed from office when they are impeached and convicted of treason, bribery or other felony and misdemeanor.
essay
Section one. The judicial power of the United States belongs to the Supreme Court and the lower courts which are prescribed and established by Congress from time to time. Judges of the Supreme Court and the lower courts may continue to serve if they perform well, and receive remuneration for their services within the specified time, which shall not be reduced during their continued service.
Section 2 The scope of application of judicial power includes: all common law and equity cases arising from this Constitution, the laws of the United States and treaties concluded or to be concluded under the authorization of the United States; All cases involving ambassadors, ministers and consuls; All cases related to maritime law and maritime jurisdiction; Litigation in which the United States is a party; Litigation between two or more States; Litigation between citizens of one state and other States; Litigation between citizens of different States; Litigation between citizens of the same state on the ownership of land ceded by different States; Litigation between a country or its citizens and foreign countries or foreign citizens or nationals.
The Supreme Court has jurisdiction of first instance over all cases involving ambassadors, ministers and consuls, and the country as a party. For all other cases mentioned above, the Supreme Court has appeal jurisdiction in law and fact, except for exceptions and regulations stipulated by Congress.
Except impeachment, all crimes are tried by jury; This trial should be held in the country where the crime occurred; However, if the crime did not occur in any state, the trial will be held in one or more places stipulated by law passed by Congress.
Section 3 The crime of treason is limited to fighting the United States, or attaching to the enemy and giving him help and encouragement. No one can be convicted of treason unless it is based on the testimony of two witnesses on the same obvious behavior or my confession in an open court.
Congress has the right to announce the punishment for treason, but the deprivation of citizenship for treason shall not cause blood stains, and the property of the deprived person shall not be confiscated unless he is alive.
Article 4
Section one. States should fully trust and respect the public laws, archives and judicial procedures of other States. Congress may, through general laws, stipulate how these laws, documents and judicial procedures can be proved and have effect.
Section 2. Citizens of each state enjoy all the privileges and immunities of citizens of each state.
When a person accused of treason, felony or other crimes in any state escapes legal sanctions and is found in other States, he should be handed over according to the requirements of the national administrative authorities where he fled, so as to be handed over to the country with jurisdiction over the crime.
According to the laws of one state, a person who should perform labor or servitude in that state escapes to another state, and such labor or servitude shall not be exempted by the laws or regulations of another state, but the person shall be handed over at the request of the party entitled to such labor or servitude.
Section 3. Congress can approve a new state to join the union; However, no new state shall be formed or established within the jurisdiction of any other state; Without the consent of the relevant state legislatures and congresses, two or more states or parts of several states may not be merged into a new state.
Congress has the right to dispose of territory or other property belonging to the United States and formulate all necessary rules and regulations. Nothing in this Constitution shall be construed as prejudicing any rights of the United States or any state.
Section 4. The United States guarantees that every state in the Federation is a Republic, protects every state from aggression, and quells civil strife at the request of the state legislature or the state chief executive (when the state legislature cannot convene).
Article 5
When two-thirds of the members of the two houses think it necessary, the Congress shall propose an amendment to this Constitution, or at the request of two-thirds of the state legislatures, convene a constitutional convention to propose an amendment. No matter how the amendment is proposed, it will actually become a part of this constitution and take effect after being passed by three-quarters of the state legislatures or three-quarters of the state constitutional assemblies; It is up to Congress to make recommendations on which method of ratification to adopt. However, the amendments made before 1808 shall not affect the first and fourth items of the ninth paragraph of Article 1 of this Constitution in any form; Without its consent, no state shall be deprived of equal voting rights in the Senate.
Article 6
All debts and obligations signed before the adoption of this Constitution are as effective for the United States as they were during the Confederacy.
This Constitution and the laws of the United States formulated in accordance with this Constitution, as well as all treaties concluded or to be concluded in accordance with the powers of the United States, are the supreme laws of the country; Judges in every state should be bound by it, even if there are conflicting contents in the state constitution and laws.
The above senators and representatives, members of state legislatures, and all administrative and judicial officials of the United States and the States shall swear or declare on behalf of this Constitution; However, religious belief should not be regarded as a necessary qualification for holding any official position or public office in the United States.
Article 7
The approval of the nine state constituent assemblies is enough to make the constitution established in each approved state. This constitution was formulated in 1787, the twelfth year after the independence of the United States of America, with the unanimous consent of the States attending the Constitutional Convention. We sign here to testify.
President George Washington, Virginia Rep.
New Hampshire (NH)
John Langdon nicholas gilman
Massachusetts
Nathaniel Gorham Rufus king
Connecticut
Roger sherman, william samuel johnson.
New York
Alexander Hamilton
New Jersey
William livingston William Patterson
David brearley jonathan dayton
Pennsylvania (PA)
Benjamin Franklin Thomas fitzsimmons
Thomas mifflin Jared ingersoll
James wilson, robert morris.
George clymer Gu Morris
the delaware river
George reid richard bassett
Shoot David Bradford.
Jacob Broom John Dickinson
Maryland
Daniel carroll, james mchenry.
Daniel St. Thomas Jennifer
Virginia
Joe Blair james madison Jr
North Carolina
William Blount Hugh Williamson
Richard dobbs Spatter
South Carolina (SC)
Charles Pinckney, john rutledge
Charles Cotsworth Pinckney pierce butler
Georgia
William Fayou abraham baldwin
Witness: willian jackson, secretary.
The provisions of the Constitution of the United States of America proposed by Congress and approved by the states in accordance with Article 5 of the original Constitution have been supplemented and amended.
First amendment
[The first ten amendments were proposed on September 25th, 1789, and passed on February 5th,165438, which is called "Bill of Rights". ]
Congress shall not make laws on the following matters: establishing a state religion or prohibiting freedom of religious belief; Deprivation of freedom of speech or freedom of the press; Or deprive people of the right to peaceful assembly and petition the government.
Second amendment
A well-managed militia is necessary to ensure the security of a free country, so the people's right to keep and carry weapons should not be violated.
The third amendment
Soldiers are not allowed to be stationed in any house at ordinary times without the owner's consent; No troops shall be stationed in wartime except in the manner prescribed by law.
Fourth amendment
The right of people's person, residence, documents and property to be free from unreasonable search and seizure shall not be infringed. A search and seizure order shall not be issued unless there is a possible reason, guaranteed by an oath or a statement sworn by a representative, and a detailed description of the search place and the person or thing detained.
Fifth amendment
No matter who enters, he shall not be tried for capital crimes or other felonies except according to the report or indictment of the grand jury, except for cases in the army or navy or militia serving in wartime or public danger. No one may be injured twice in life or body because of the same criminal act; In any criminal case, you shall not be forced to testify against yourself; No one shall be deprived of life, freedom or property without due process of law. Without fair compensation, private property may not be used for public purposes.
Article 6 amendment
In all criminal proceedings, the defendant has the right to a prompt and public trial by an impartial jury in the state and region where the crime occurred, which should be determined in advance by law; Understand the nature and reasons of the accusation; Confronting the plaintiff's witness; Obtain witnesses in their favor through compulsory procedures; And get the help of a lawyer to defend him.
Seventh amendment
In common law litigation, if the disputed price exceeds $20, the right of jury trial should be protected. The facts decided by the jury shall not be re-examined by any court in the United States except in accordance with the rules of common law.
Article 8 amendment
Do not ask for excessive bail, do not impose excessive fines, and do not impose cruel and extraordinary penalties.
Article 9 amendment
Some rights enumerated in this Constitution should not be interpreted as denying or belittling other rights reserved by the people.
The tenth amendment
The powers that the Constitution does not grant to the United States or prohibit the states from exercising shall be reserved by the states themselves or by the people.
Eleventh amendment
[Proposed on March 4th 1794, ratified on February 7th 1795]
The judicial power of the United States shall not be interpreted as applying to any common law or equity litigation initiated or prosecuted by citizens of other states or any foreign citizens or nationals against a state of the United States.
Article 12 amendment
[Proposed on February 9th 1803, adopted on July 27th 1804]
Voters gather in their respective States to vote for the president and vice president, at least one of whom is not a resident of the state where the voters live. Voters must write the name of the person elected president on the ballot and the name of the person elected vice president on another ballot. The elector shall make a list of all the people who have been elected president and all the people who have been elected vice president, indicating the number of votes obtained by each person; Sign the list to testify, and send the sealed list to the president of the Senate at the seat of the US government. The speaker of the Senate opens all the certificates in front of all the members of the Senate and House of Representatives, and then counts the votes. The person who gets the most presidential votes is the president if the number of votes exceeds half of the total number of electors selected. If no one obtains such a majority, the House of Representatives shall immediately elect the President from the list with the largest number of votes but no more than three. But in the presidential election, the votes are counted by state, and each state represents one vote. Two-thirds of the States each have one or more representatives present, which constitutes a quorum for the election of the president. The election of the president requires more than half of the votes of all States. [When the power to elect a president is transferred to the House of Representatives, if the House of Representatives has not elected a president before March 4 of the following year, the Vice President will act as the president, just like the death of the president or other incapacity stipulated by the Constitution. If the number of votes obtained exceeds half of the total number of electors selected, the person who gets the most votes from the vice president is the vice president. If no one gets more than half of the votes, the Senate will elect the vice president from the two people with the most votes on the list. The quorum for the election of the vice president consists of two thirds of the total number of senators, and the election of the vice president requires more than half of the total number of senators. However, a person who is not qualified to be president according to the constitution is not qualified to be the vice president of the United States.
Article 13 amendment
[186565438+1October 3 1 proposed,186565438+February 6 approved]
Section one. Slavery and forced labor shall not exist anywhere in the territory of the United States under the jurisdiction of the United States, except as punishment for crimes committed by legally convicted persons.
Section 2. Congress has the right to pass appropriate legislation to implement this clause.
Article 14 amendment
[Proposed in June 1866 and approved in July 9 1868]
Article 1 All persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state where they live. No state shall enact or enforce any law that restricts the privileges or immunities of American citizens; No one shall be deprived of life, freedom or property without due process of law; No one can be deprived of equal legal protection within the jurisdiction of the state.
Section 2 The number of deputies shall be distributed according to the proportion of the population of each state, including the whole population of a state, but excluding Indians who have not paid taxes. But in the election,