« PředchozíPokračovat »
against the United States under this constitution, as under the confederation.
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, anything in the constitution or laws of any state to the contrary notwithstanding.t
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.
The ratification of the conventions of nine states, shall be sufficient for the establishment of this constitution 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
* An act of Congress repugnant to the constitution can not become a law.Marbury vs. Madison, 1 Cranch, 176.
† The courts of the United States are bound to take notice of the constitution.Marbury vs. Madison, 1 Cranch, 178.
A contemporary exposition of the constitution, practised and acquiesced under for a period of years, fixes its construction.-Stuart vs. Laird, 1 Cranch, 299.
The government of the Union, though limited in its powers, is supreme within its sphere of action, and its laws, when made in pursuance of the constitution, form the supreme law of the land.-McCulloch vs. State of Maryland, 4 Wheaton,
| See laws of the United States, vol. ii., chap.1.
States of America the twelfth. In witness whereof we have hereunto subscribed our names.
Go. WASHINGTON, President, and deputy from Virginia. New Hampshire.
Delaware. John LANGDON,
GEORGE REED, NICHOLAS GILMAN. GUNNING BEDFORD, JR.,
Massachusetts. John DICKINSON,
DANIEL OF St. Tho. JENIFER, New York.
James Madison, JR. David BREARLEY,
North Carolina. WILLIAM PATERSON,
WILLIAM BLOUNT, JONATHAN DAYTON. Richard Dobbs SPAIGHT,
Pennsylvania. HUGH WILLIAMSON. BENJAMIN FRANKLIN,
South Carolina. THOMAS MIFFLIN,
John RUTLEDGE, ROBERT MORRIS,
CHARLES C. PINCKNEY, GEORGE CLYMER,
CHARLES PINCKNEY, THOMAS FITZSIMONS, PIERCE BUTLER. JARED INGERSOLL,
Georgia. James Wilson,
WILLIAM FEW, GOUVERNEUR MORRIS. ABRAHAM BALDWIN. Attest:
WILLIAM JACKSON, Secretary.
To the Constitution of the United States, ratified accord
ing to the Provisions of the fifth Article of the foregoing Constitution.
Article the first. 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 griev
Article the second. 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.
Article the third. No soldier shall, in time of 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.
Article the fourth. 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.
Article the fifth. 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
Congress, at its first session, begun and held in the city of New York, on Wednesday, the 4th of March, 1789, proposed to the legislatures of the several states twelve amendments to the constitution, ten of which, only, were adopted.
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.
Article the sixth. 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 defence.
Article the seventh. 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.*
Article the eighth. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Article the ninth. The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Article the tenth. The powers not delegated to the United States, by the constitution, nor prohibited by it to the
* The act of assembly of Maryland, of 1793, chap. 30, incorporating the bank of Columbia, and giving to the corporation a summary process by execution in the nature of an attachment against its debtors who have, by an express consent in writing, made the bonds, bills, or notes, by them drawn and endorsed, negotiable at the bank, is not repugnant to the constitution of the United States or of Maryland.-Bank of Columbia vs. Okely, 4 Wheaton, 246, 249.
But the last provision in the act of incorporation, which gives this summary process to the bank, is no part of its corporate franchise, and may be repealed or altered at pleasure by the legislative will.-Id., 245.
states, are reserved to the states respectively, or to the people.*
Article the eleventh. 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.
Article the twelfth. The electors shall meet in their respective states, and vote by ballot for president and vicepresident, one of whom, at least, shall not be an inhabitant of the same state with themselves ; they shall name
* The powers granted to Congress are not exclusive of similar powers existing in the states, unless where the constitution has expressly in terms given an exclusive power to Congress, or the exercise of a like power is prohibited to the states, or there is a direct repugnancy or incompatibility in the exercise of it by the states.-Houston vs. Moore, 5 Wheaton, 1, 12.
The example of the first class is to be found in the exclusive legislation delegated to Congress over places purchased by the consent of the legislature of the state in which the same shall be for forts, arsenals, dock-yards, &c. Of the second class, the prohibition of a state to coin money or emit bills of credit. Of the third class, the power to establish a uniform rule of naturalization, and the delegation of admiralty and maritime jurisdiction.—Id., 49.
In all other classes of cases, the states retain concurrent authority with Congress.-Id., 49.
But in cases of concurrent authority, where the laws of the states and the Union are in direct and manifest collision on the same subject, those of the Union being the supreme law of the land are of paramount authority, and the state laws so far, and so far only as such incompatibility exists, must necessarily yield.—Id., 49.
There is nothing in the constitution of the United States similar to the articles of confederation, which excludes incidental or implied powers.—McCulloch vs. State of Maryland, 4 Wheaton, 406.
If the end be legitimate, and within the scope of the constitution, all the means which are appropriate, which are plainly adapted to that end, and which are not prohibited, may constitutionally be employed to carry it into effect.-Id., 421.
The act of Congress of 4th May, 1812, entitled, “An act further to amend the charter of the city of Washington,” which provides (sect. 6) that the corporation of the city shall be empowered for certain purposes and under certain restrictions, to authorize the drawing of lotteries, does not extend to authorize the corporation to force the sale of the tickets in such lottery in states where such sale may be prohibited by the state laws.-Cohens vs. Virginia, 6 Wheaton, 264, 375.
| This amendment was proposed at the first session of the third Congress, See ante art, iii., sect. 2, clause 1.
Proposed at the first session of the eighth Congress. See ante art, sect. 1. clause 3. Annulled by this amendment.