The Government Class Book Part 34

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.

No person held to service or labor 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 labor; but shall be delivered up on claim of the party to whom such service or labor may be due.

Sec. 3. New states may be admitted by the congress into this union; 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 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 rules and regulations respecting the territory or other property belonging to the United States; and nothing in this const.i.tution shall be so construed as to prejudice any claims of the United States, or of any particular state.

Sec. 4. The United States shall guaranty 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 const.i.tution, 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 const.i.tution, 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.

All debts contracted, and engagements entered into, before the adoption of this const.i.tution, shall be as valid against the United States under this const.i.tution, as under the confederation.

This const.i.tution, 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 const.i.tution or laws of any state to the contrary notwithstanding.

The senators and representatives before mentioned, and the members of the several 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 const.i.tution; 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 const.i.tution between the states so ratifying the same.

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 Independence of the United States of America, the twelfth. In witness whereof we have hereunto subscribed our names.

George Was.h.i.+ngton, _President, and Deputy from Virginia._

_New Hamps.h.i.+re._--John Langdon, Nicholas Gilman.

_Ma.s.sachusetts._--Nathaniel Gorham, Rufus King.

_Connecticut._--Wm. Samuel Johnson, Roger Sherman.

_New-York._--Alexander Hamilton.

_New Jersey._--William Livingston, David Brearly, William Paterson, Jonathan Dayton.

_Pennsylvania._--Benjamin Franklin, Robert Morris, Thomas Fitzsimmons, James Wilson, Thomas Mifflin, George Clymer, Jared Ingersoll, Gouverneur Morris.

_Delaware._--George Read, Gunning Bedford, Jr., John d.i.c.kinson, Richard Ba.s.sett, Jacob Broom.

_Maryland._--James M'Henry, Daniel of St. Thomas Jenifer, Daniel Carroll.

_Virginia._--John Blair, James Madison, Jr.

_North Carolina._--William Blount, Richard Dobbs Spaight, Hugh Williamson.

_South Carolina._--John Rutledge, Charles Pinckney, Pierce Butler, Charles Cotesworth Pinckney.

_Georgia._--William Few, Abraham Baldwin.

_Attest:_ William Jackson, _Secretary_.

Amendments.

Article 1. 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 a.s.semble, and to pet.i.tion the government for a redress of grievances.

Art. II. 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.

Art. III. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in a time of war, but in a manner to be prescribed by law.

Art. IV. 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 warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.

Art. V. 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 offense, 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.

Art. VI. 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 a.s.sistance of counsel for his defense.

Art. VII. 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 reexamined in any court of the United States, than according to the rules of the common law.

Art. VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Art. IX. The enumeration in the const.i.tution of certain rights, shall not be construed to deny or disparage others retained by the people.

Art. X. The powers not delegated to the United States, by the const.i.tution, 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.

Art. XII. 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 representatives 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 const.i.tutional 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 const.i.tutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.

Index

Academies and colleges, 82 Accessories to crime, 220 Actions at law, defined, 64 how commenced, 64 Adjutant-general, 92 Administrators, duties of, 179 Admission of states, 158 Agent, responsibilities of, 202-204 Alabama, const.i.tution of, 259 Aldermen, duties of, 60 Aliens, power to pa.s.s laws for the naturalization of, 121, 122 disabilities of, 121 Alliance, defined, 135 Alliances, when binding, 230, 231 by states, prohibited, 135 Amendments of the const.i.tution, provision for, 160 Appeals of suits, 68, 69 Appellant, appellee, defined, 69 Apellate jurisdiction, defined, 70 Appointment, power of, (see Governor and President.) Apprentices and servants, 175, 176 Aquatic rights, 183, 185 Aristocracy, defined, 25 Arkansas, const.i.tution of, 264 Army, standing, 149 Arrest and examination of offenders, 69 a.r.s.enals, use of, 92 Arson, defined, 217 a.s.sault and battery, 220 a.s.sessment and collection of taxes, 76-78 a.s.sessors, duties of, 77 a.s.signments, 197-199 a.s.sumption of public debt, 160 Attachment, suit by, 68 Attainder of treason, 155 Attorney, defined, 65 Attorney, county or state's, 51, 56 Attorney-general, state, 51 of United States, 151 Auditor of state, 51 county, 65 Auxiliary executive departments, 147-151

Bail, defined, how taken, 69, 70 excessive, forbidden, 165 Bailment, 200-202 Ballot, defined, 33 Bankruptcy, power to pa.s.s laws of, 124 Banks, and their operation, 86-88 Belligerent, defined 228 Betting and gaming, 221 Bigamy, defined, 219 Bill, defined, 45 Bills, pa.s.sage of, 45-43 Bills of attainder, by congress, prohibited, 133 by states, prohibited, 137 of credit, defined, 136 pa.s.sage of, prohibited, 136 of exchange, 213-215 Blockade, defined, 236 Body politic, defined, 19, 54 Bribery, defined, 219 Broker and brokerage, 204, 205 Bullion, defined, 125 Burglary, defined, 218

Cabinet, defined, 147 officers of, and their powers and duties, 147 California, const.i.tution of 277 Ca.n.a.ls, construction of, 82-84 tolls on, 84 Canva.s.sing of votes, 34 Capital, defined, 41, 216 Capitation or poll-tax, 76, 77, 133 Carriers of goods, liability of, 201, 202 Causes, criminal and civil, defined, 64 Casting vote, when given, 46 Challenging voters, 33 Charges d'affaires, 145 Charter, defined, 59 Chattel mortgages, 199 Cities, villages, &c., 59-62 Citizens, privileges of, in the several states, 157 Civil government, defined, 17 mankind fitted for, 17 Civil society, 17 Clearance of vessels, 120 Codicil, defined, 179 Coining money, power of, 124 by states, prohibited, 136 Collection of taxes, 76-78 Colony, defined, 95 Colonies, government of, 95 Commerce, foreign, regulation of, 114-119 Commerce, domestic, power of congress to regulate, 121, 122 with Indians, 122 Commissary-general, 92 Commissioners, county, duties of, 54 Committees, legislative, 44, 45 Common carriers, responsibilities of, 201, 202 Common council, 60 Common law, defined, 167 Commons, house of, 29 Common schools, school funds, &c., 79-82 Commonwealth, defined, 26 Confederacy, defined, 101 Confederation, when formed, 97 nature of, 98, 99, 101, 102 Confiscate, defined, 230 Congress, under confederation, how const.i.tuted, 97, 102 Congress under const.i.tution, how const.i.tuted, 104-109 Congress, powers of, (see Powers of Congress,) Counterfeiting, defined, 218 United States coin, power to punish, 125 Connecticut, const.i.tution of, 244 Constables, duties of, 58 Const.i.tution, defined, 27 objects of, 27 how formed, 27, 28 of United States, 281 history of, 100 nature of, 101-104 how amended, 160 supremacy of, 161 ratification of, by the states, 162 amendments to, 163-166 Consuls, appointment of, 144 duties of, 145, 227, 228 Contraband goods, 235, 236 Contracts in general, 189-193 Contracts of sale, 193-197 Contracts, obligation of, not to be impaired, 137 Controller, or auditor, 51 Convention, defined, 28 Conventional law of nations, 224 Copy-rights and patents, power of congress concerning, 126, 127 Coroners, duties of, 55 Corporation, defined, 54 Corporations, how formed, 59 nature and powers of, 59-62 Corruption of blood, 155 Council, legislative, 38 Counties, origin of, 53, 54 powers of, 54 County officers duties of, 54-66 County commissioners, 54 Courts, justices, 63-70 county, 70 common pleas, 70 circuit, 70, 71 oyer and terminer, 71 supreme, 73 of appeals, 73 of chancery or equity, 73, 74 of probate, 74 of impeachment, 75, 76 of United States, 151, 154 martial, 92 Crime, infamous, defined, 31 Crimes and misdemeanors, 216-221 Criminal suits, defined, 64 Customs, duties, &c., defined, 113 collection of, 119