America constitution 1787.9.17

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  • / Author: Aaron Lewis
 
The first writtenConstitution.
1787In May, American States(at that time 13A) representative in Philadelphia(Philadelphia)A constituent assembly,
The same yearSeptember 17thThe Convention by"The constitution of the United States".1789March 4thThe constitution came into effect.
In the futureMore than two hundred yearsRoom, extraArticle 27Amendment to the Constitution.
 
America constitution has two purposes -- limitThe governmentThe power and securityPeopleTheFree.
Basic principle.
　　Separation of the three powersAmerica --The state powerDivided into three parts:The legislative power,Administrative powerAndJurisdiction. The three part is independent of power. In theTheoryOn the right, three is complete equality, and mutual checks and balances. Each power has limits two other types of abuse of power function. This is a famous modern democratic society the separation of the three powers. Is generally believed that its ideological roots from the famous French thinkerMontesquieuWork.On the spirit of law".
　　The federal system-- USA constitution American useFederalismTheState system. The federal government has only limited powers enumerated in the constitution, and the other not listedRightAll belong to the states or the people. (see USA the Tenth Amendment to the Constitution)
　　Constitution supremacyUSA -- effect of constitution and laws passed by the Congress is higher than that of all other laws,Administrative regulationsAndRegulations. Since1803After the famous Marbury v. Madison, American federal court system hasThe power of judicial review. This means that the federal courts at all levels may through review of legislative laws conflict with the constitution, laws and can be declared invalid unconstitutional. At the same time, the constitutionality court also issued government review includes America president, law. However, the court review authority can not take the initiative to exercise, can only be used in a specific action. Therefore, it is also called "passive examination right". (see American federal government v. Nixon)
　　Everyone is equalAmerican -- according to the Fourteenth Amendment to the constitution, everyone has equal access to legal protection of rights. States also maintain equality principle, none can receive special treatment of the federal government. According to the provisions of the constitution, the States should respect each other and recognize each other's law. The state government and the federal government to maintain the republican system in the form of.
 
The constitution of the United States (The Constitution of the United States)
 
Preface
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 to ourselves and our posterity the blessings of liberty, but for the United States of America and establish this constitution.

Article 1
The first section. All legislative powers herein granted, belongs to the Congress of the United States, composed of a Senate and house of representatives.

Second house every two years by the people of the several States elected congressman. The electors in each state shall have the legislature for electors of the most numerous branch required qualification.
All were under the age of thirty, became a citizen of the United States for nine years, in a state election is not a resident of the state, shall act as the representative.
[representatives and direct taxes, may be included within this Union States, distribution according to their proportion of the population. State's population, according to the total number of free people and all the other 3/5 of the population to be determined. The total number of free people including must take a certain number of servitude, excluding Indians not taxed. The actual enumeration in the first meeting of the Congress of the United States three years later and then every ten years, in accordance with the law way. Members of the public every thirty thousand people choose the number of no more than a name, but each state shall have at least one representative; statistics in the former population, New Hampshire, have the right to elect three members, eight Massachusetts, Rhode Island and the Vidence planted a Kang Niedi of Connecticut, five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Lanzhou in six, Virginia, ten, North Carolina, South Carolina, five, five, three in georgia.
Any state representative when vacancies happen, the state administrative authority should issue writ 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.

Third the United States Senate consists of two senators per state elections, a term of six years; and each Senator shall have one vote.
Assembled at the first election, three group immediately divided into equal number of as much as possible. The first group of Senate seat vacated in second year, second groups of Senate seat vacated in fourth year, third groups of Senator seats in the sixth year to 1/3 senators have vacated, elected every two years. During the recess of the legislature of any state, as a result of the resignation or other reasons when vacancies happen, the State Commissioner in the legislature next set will fill such vacancies, may make temporary appointments.
All were under the age of thirty, became a citizen of the United States for nine years, in a state election is not a resident of the state, not the senate.
Vice president of the United States Senate speaker, but the Senate vote unless the vote is equal, without the right to vote.
The Senate election in the other officers, and in the absence of the vice president, or exercise the office of president of the United States, a President pro tempore.
The Senate shall have all the powers of impeachment trial. When sitting for that purpose, the Senate shall take the oath or affirmation declaration. The president of the United States is tried, the chief justice of the Supreme Court justice. No matter who, non concurrence of 2/3 of the members present, shall be convicted.
Judgment in cases of impeachment, shall not exceed the removal and deprivation to hold and enjoy any office under the United States honor, responsibility or salaried qualification. But the convicted person, can still be prosecuted, trial, judgment and punishment.

The time, place and method of fourth elections for Senators and representatives, in each state by the legislature thereof. But election of senators and location, the Congress may at any time by law make or alter such provisions.
A meeting at least once every year, unless congress Congress, by law or date, this meeting is held on the first Monday in December.

Fifth each hospital is of the elections, the election results report and qualification of judges. More than half of all members, shall constitute a quorum business; but a quorum, have daily recess, and has the right to each house provisions and penalties, to compel the attendance of absent members.
Each house may determine the rules of its proceedings of the Institute, the Institute to punish members for disorderly behavior, and after three of the two members agreed to expel a member.
Each house shall keep a journal of its proceedings, not to be announced, but it except the need for confidentiality on the part of the. Each house member for any problem of the vote, the members present 1/5 request, be entered on the record.
Any one period, meeting in Congress, without the other House agreed, not for more than three days, nor to any local non Senate meeting adjourned.

Sixth the senators and representatives shall receive payment for services rendered, the rewards are established by law and by the United States Treasury payment. They except treason, felony and breach of the peace, in all cases have at their house during a meeting between to and from their house way not privileged from arrest. They shall be published in the respective house speech or debate and questioned in any other place.
Senator or congressman elected term of office, shall be placed or salary increase period was appointed in the United States under the jurisdiction of any civil office. Who serve in under the United States, shall be a member of either house to tenure.

Seventh. All bills for raising revenue shall originate in the house of Representatives, but the Senate as on other bills, or agree with the proposed amendment.
Every bill the house and the Senate to pass, before it becomes law shall be sent to the president of the United states. If he approve the bill, which shall sign; if not approved, it should be the bill with its opposition to the bill house originally proposed. The hospital should have anti see detailed loading the meeting record and review. If after such reconsideration, 2/3 of that house agreed to pass the bill, the bill together with the opposition to be sent to the other house, and with the sample by the Institute for reconsideration, if approved by 2/3 of that house, it shall become a law. But in all such cases, the vote of both houses by yeas and nays decided; yeas and nays of the motion of the members name should load each House meeting record. If any bill in ten days after deliver president (except Sunday) without the president returned, as the president has signed the bill, which became law, unless the Congress adjourned to the bill can not be returned, in such a case, the bill does not become law.
It shall be composed of the Senate and the house of representatives agree on every order, resolution or voting (except on a question of adjournment), shall be sent to the president of the United States, the order, resolution, or vote before taking effect, shall be approved by him, as the president does not approve, in accordance with the provisions on the motion rules and restrictions, again through the Senate and the house of representatives of 2/3 members.

Eighth. The Congress shall have power to:
To lay and collect taxes, import duties, taxes and other taxes, provide for the common defense and general welfare of the United States, to pay the debts, but all duties, taxes and other taxes should be unified;
To borrow money on the credit of the United states;
Between the control with foreign states, and with the Indian tribes commercial;
The United States national unified formulation of naturalization and bankruptcy law;
To coin money, the domestic currency and foreign currency value, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities and the currency of the United states;
To establish post offices and post roads;
Security to authors and inventors to their respective writings and inventions in a limited period of proprietary rights, to promote science and technology progress;
The establishment of inferior to the Supreme court;
To define and punish criminal acts committed on the high seas piracy and serious crimes and violations of international law;
To declare war, grant letters of marque and reprisal, formulating captures on land and water regulation;
To raise and support armies, but the use of appropriation period shall not exceed two years;
Establish and maintain a navy;
Establish the governance and management of the army and Navy regulations;
To provide for calling forth the militia, to execute the laws of the union, to suppress the rebellion and repel invasion;
Provisions of militia organization, equipment and training, the militia management provisions for the service of the United States, but the militia officer appointed by Congress and the regulations stipulated by the authority of training the militia, retained by the states;
And become the seat of government of the United States for some states, the United States by region, by Congress to accept (not more than ten square miles), the exercise of legislative power are unique in any case; for by the State Council agreed, buy by states in the state of the construction of fort, ammunition depots, arsenals, shipyards and other necessary buildings all local, exercise the same powers; and making for the exercise of the power and the government of the United States Constitution granted or any of its departments or officials of all other powers are necessary and appropriate all law.

Ninth any of the states now believed to be granted entry. The migration or importation, one thousand eight hundred and eight years ago, shall not be prohibited by the Congress of the people, but the entry, each no more than $ten in tax levy. The privilege of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion of public safety requirements to suspend the privilege.
Shall not pass the bill of attainder or ex post facto law.
Except in accordance with the provisions of the constitution as census or enumeration proportion, not a poll tax or other taxes.
For the output of goods from any state, shall not be taxed.
Any business or tax regulations, preference shall be given by the state in his port treatment state or from ship to port; a state, shall not be forced entry, in his state of departure or tax.
But according to the law of funding, no money shall be drawn from the treasury. The receipts and expenditures of all public money regularly report and accounts, shall be published from time to time.
The United States shall not be granted a peerage. Where as any salary or a post of responsibility in the United States under the people, without the consent of the Congress, not from any king, prince or foreign accept any gift, salary, office or any kind of title.

Not all tenth any state: enter into any treaty, join any alliance or confederation; capture enemy ships issued warrants; coin money; notes; any articles for gold and silver as the repayment of a debt by currency; any civil rights bill, deprived traced law or impairing the obligation of contracts, the previous law; or grant any title of nobility.
Any state, without the consent of the Congress, not on imports or exports goods levy any tax, but for the implementation of the state examination except those absolutely necessary. Any state that all taxes levy on imports or exports goods net income for the use of the Treasury of the United States; and all such laws may be revised and controlled by the congress.
Any state, without the consent of the Congress, shall not impose any vessel tonnage tax, shall keep troops or ships of war in time of peace, and he shall not state or foreign concluding agreements or covenants, unless actually invaded or immediate danger of war or in crunch time.

Article second
The first administrative right belongs to the president of the United States. The presidential term of four years, the vice president's office is the same. The president and the vice president the election; each state in accordance with the State Council set mode selected a number of electors, the number and the state senators and representatives in Congress should be equal to the total number. But senator or congressman, or in the United States under as trust or salary duty person, shall be appointed an elector.
The electors shall meet in their respective states, vote for two people, including at least one not electoral resident of this state. The electors shall make a list of all the candidates, written by and the number of votes for each; witness the list, will seal after the list is to be sent to the seat of government of the United States, to the president of the senate. The president of the Senate open all the certificates in front of the Senate and house of representatives of all the members of the Council, then count the votes. The person who receives the most votes, such as the number of votes a super be half the total number of electors, shall be the president. As for the majority of people more than one person, and have an equal number of votes, the house of Representatives shall immediately voted one of them for president. And if no person have a majority; the hospital should be in the same way electoral votes from the five highest on the list the president. But in choosing the president, the votes shall be in the States, the representation from each state shall have one vote; 2/3 of the States, a member or members to attend the meeting, shall constitute a quorum elect a president, elected president needs a majority of all the States ticket. In each case, after the choice of the president, have greatest number of votes of the electors shall be the vice president. But if there are more than two or two equal number of votes, the Senate shall college vote for the president.
The Congress may determine the time of the election of people and the electoral vote date, the date for the same day in the United states.
Whoever, in addition to students as citizens of the United States or in the time of the adoption of this constitution is a citizen of the United States, shall be eligible to the office of president; all were under the age of thirty-five, in the United States in fourteen years living with the person, also may not be elected president.
In case of the removal of the president from office, death, resignation or inability to discharge the powers and duties of the office of the president, the Vice President shall be transferred. The Congress may by law of the president and vice president, two people were removed from the death, resignation or disability should be acting president, announced the official. The officials should be acting president until the president to restore competency or the new president elect.
The president at the time, should be compensation for services, the rewards in the elected president tenure may increase or decrease. The President shall not accept any other member states or any state during his term of office.
The president began to perform their duties, shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, strain every nerve to maintain, protect and defend the constitution of the United states".

Strategy two the president is the commander in chief United States Army, navy and requisition for the service of the United States of the militia of the several states. He asked each administration executive put forward written opinions on any matters relating to their respective duties. He has the right to criminal acts against the United States reprieves and pardons, except in cases of impeachment.
The president after consultation with the Senate and obtain his consent to make treaties, but must be approved by 2/3 of the members present. His nomination, and in consultation with the Senate and approval, appoints ambassadors, ministers and consuls, the Supreme Court judges and appointed procedures not by this constitution separately by law of the United States, all the other officers. But the Congress may by law deems appropriate, this kind of low-level officials were appointed to the president, the courts or the Department of long.
The president has the power to appoint people to fill may happen during the recess of the Senate officials vacancies, this appointment at the end of their next session expires.

Third President shall from time to time report to Congress and the federal, as he considers necessary and appropriate measures for Congress to congress. In exceptional circumstances, he had to call a meeting of both houses of Congress or any hospital. In the case of both houses have opinions on discrimination recess time, he can make the house adjourned to his proper time. He shall receive ambassadors and ministers. He shall be responsible for the effective implementation of the law, all the officials and the appointment of the United states.

All civilian officials fourth president, vice president and the United States, treason, bribery or other felony and misdemeanor by impeachment and conviction, shall be removed from office.

Article third
Section 1. The judicial power of the United States , the lower court to the Supreme Court and Congress from time to time ordain and establish. The Supreme Court and lower court judges as well behaved, must continue to serve, and should be compensation for services within the prescribed time, the rewards in their continued tenure may not reduce.
Scope of application of paragraph second jurisdiction includes: due to this constitution, the laws of the United States and the United States have concluded according to power or treaties concluded all the common law and equity law case; all the case cases involving ambassadors, ministers and consuls; on all cases of maritime law and maritime jurisdiction of the United States; as one of the parties litigation; between two or more than two state action; a state and between his state civil litigation; between different state civil litigation; the ownership of different states, the land of litigation between states citizens; a state and its citizens and foreign citizens or subjects of litigation.
Involving ambassadors, ministers and consuls and a state is a party to all cases, the Supreme Court shall have original jurisdiction. For all other cases, both as to law and fact, the Supreme Court has appellate jurisdiction, but must be in accordance with the exception and regulations imposed by congress.
Except in cases of impeachment, all criminal trial by jury; and such trial shall be held in the crime occurred in the state; but if not committed within any state, held one or several locations trial shall be stipulated by laws in congress.
Third treason against the United States only in levying war against them, or in adhering to their enemies, giving them aid and encourage. Whoever, in addition to the two witnesses to the same obvious behavior or on confession in open court, shall be convicted of treason.
The Congress shall have power to declare the punishment of treason, but for treason and disenfranchisement, shall not cause corruption of blood, except in the dispossessed living period, or the confiscation of property.

Article fourth
The first in each state to the public law, the state and the judicial process, should be given the full trust and respect. The Congress may by general legal provisions of this law, records and proceedings shall be proved, and the effect of.
Second. The citizens of each state shall enjoy all the privileges and immunities of citizens in the several states.
In any state was accused of treason, felony, or other crime, escape the law in his state is found, he should be delivered according to his escape from the executive authority of the state requirements, to be removed to the state having jurisdiction of the crime.
According to the laws of a state to servitude or labor in the state of the people, such as to him, not because of law or regulation, and be discharged from such labor or labor, but shall be entitled to this according to such service or labour parties request will be in his hand.
Third NSW was admitted by the Congress into this union; but not under the jurisdiction of any other state in the form or erected; without the approval of relevant State Council and the consent of Congress, nor with a portion of the two or more than two state or several states. Nsw.
Congress for belonging to the United States or other property, the right to dispose of and make all necessary rules and regulations. In this Constitution shall be so as to prejudice any right of the United States or any state interpretation.
Fourth states shall guarantee to every state in this union a republican form of government, the protection of each state from intrusion, and shall state parliament or State Commissioner (when the legislature cannot be convened) request put down civil strife.

Article fifth
2/3 members of Congress in the house when it deems necessary, should put forward amendments to the constitution, or according to the States 2/3 State Council request, a convention to propose amendments. No matter which way the proposed amendment by the state legislature, 3/4 or 3/4 state constitutional convention approved, namely actually became a part of this Constitution and effect; either way of approval by Congress, suggestions. Amendment one thousand eight hundred and eight years ago the formulation , shall not affect the first ninth section of the first and the fourth paragraphs in any form; any state, without its consent, shall be deprived of its equal vote in the senate.

Article Sixth
The Constitution by all entered into before the debt and all obligations under this constitution, as the states like Confederation period.
This constitution, and the laws of the United States by the constitution, and according to the states of power has concluded or to be concluded all treaties, are the supreme law of the land; and the judges in every state shall be bound, even in the constitution or laws of any conflict with the contents of the.
The senators and representatives, the State Council members, as well as the United States and the States all executive and judicial officers, should take the oath or affirmation declaration to support this constitution; but it shall not be as religion is required as a qualification to any office or public trust under.

Article seventh
The nine state convention approval, is enough to make the constitution was approved in the state. The Jesus era in one thousand seven hundred and eighty-seven years, in September 17th twelfth years of independence of the United States of America, the states present agreed at the Constitutional Convention after the development.

We hereby witness.

Chairman Virginia, state representative George Washington

New Hampshire
John Landon                           Nicholas Gilman

Massachusetts
Nathaniel Golem                     Rufus Kim

Connecticut
William Samuel Johnson               Roger Sherman

The state of New York
Alexander Hamilton (notes)

The state of New Jersey
William Livingston                     William Patterson
David Brilly                     Jonathan Dayton

The state of Pennsylvania
Benjamin Franklin                     Thomas Fitzsimmons
Thomas Mifflin                     Jared Ingersoll
Robert Morris                     James Wilson
George Kramer                       Gu Morris

Delaware
George Reid                           Richard Basit
Little Gunning Bedford
Jacob Blum                     John Dickinson

Mali Lanzhou
James McHenry                     Daniel Carol
SaintThomas Jennifer Daniel

The state of Virginia
John Blair                       Little James Madison

North Carolina
William Blunt                       Hugh Williamson
Richard Dobbs Spaight

South Carolina
John Rutledge                     Charles Pinkney
Charles Cotesworth Pinkney           Pierce Butler

Saji Ayushu
William Feu                           Abraham Baldwin

Witness: William Jackson, Secretary


The first writtenConstitution.1787In May, the AmericaState(at that time for the13A) representative atPhiladelphia(Philadelphia)A constituent assembly, the same yearSeptember 17thThe Convention by"The constitution of the United States".1789March 4thThe constitution came into effect. After two hundred years, and added27ArticleAmendment to the Constitution.