Obrázky stránek
PDF
ePub
[ocr errors]

stitution; third, the tracing out of the domain of civil liberty within the constitution, by the sovereignty, the state; fourth, the guaranty of civil liberty ordinarily against every power, except the sovereignty organized within the constitution; fifth, provisions for the temporary suspension of civil liberty by the government in time of war and public danger; sixth, the organization of government within the constitution, by the sovereignty, the state; and seventh, the security of the government against all changes, except by the sovereignty organized within the constitution. Of the constitutions which we have examined, only that of the United States contains all of these categories with any degree of completeness. And while it must be confessed that we can learn much from the European constitutions in the organization of government and in the details of administration, yet for a clearly defined and well secured civil liberty, one which can defy government, and still be subject to the state, one which can do far more for civilization upon many sides, and upon many of its finer sides, than the best ordered government which the world has ever produced, Europe must come to us, and take lessons in the school of our experience. We have not yet by any means perfected our system. Our conceptions in reference to civil liberty are still clouded by crude notions about the federal system, and its requirements as to citizenship, and the immunities of citizenship; but we have done by far the best in this direction which mankind has as yet accomplished; and while we feel the pressure upon all sides to expand the powers of government, in accordance with European practice, let us never forget that constitutional civil liberty is the peculiar product of our own political genius; and let us sacrifice no part of it, until the evidence becomes indisputable that, as to that part, individual autonomy has become either dangerous to the public security or detrimental to the general welfare.

APPENDIX I.

CONSTITUTION OF THE UNITED STATES

OF AMERICA.

APPENDIX I.

CONSTITUTION OF THE UNITED STATES OF AMERICA.

We the People of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, 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. 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.

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.

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, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such

vacancies.

The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment.

SECTION 3. 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.

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.

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.

The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. 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.

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.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any

« PředchozíPokračovat »