Part 2 — CHAPTER XXII.
Reading edition
REVENUE AND TAXATION.
Revenue.--The regulation of revenue and taxation is one of the most important and difficult questions of government. One of the wisest of modern statesmen has said that the management of finance is government.
Government, whatever its form, is an intricate and expensive machine, and therefore sure and ample sources of revenue are as necessary to it as blood is to the human body. The necessary expenses of a local community, such as a village, a city, or a county, are heavy; while those of a State are immense, and those of a nation almost beyond conception. These expenses must be promptly met, or the government becomes bankrupt, lacking in respect, without power to enforce its rights even among its own people, and finally ceases to exist.
TAXATION.--The chief source of revenue in all governments is taxation. A tax is a portion of private property taken by the government for public purposes. Taxation, the act of laying taxes, is regarded as the highest function of government. It is also one of the most delicate, because it touches the people directly, and is therefore frequently the cause of discontent among the masses.
The government makes no direct return to the citizen for the taxes it exacts, and in this respect only does taxation differ from the exercise of the right of eminent domain. How much revenue must be raised? what articles should be taxed? what should be the rate of taxation? are questions that concern every government.
As a person may be at the same time a citizen of a village, a township, a county, a State, and the United States, so he may, during the same year, pay a separate tax to each of these five governments.
NECESSITY OF TAXATION.--Taxation is one of the necessary burdens of society. A government as well as an individual must have money to pay its expenses, and the principal part, if not all, of this money must be raised by taxation of one kind or another. Men may differ as to the kind and the rate of taxation, but taxes must be paid in order that government may exist. The tax payer receives no immediate return for his taxes, but has a constant return in the way of protection to life, liberty, and property, the enjoyment of public conveniences, and the improvement of society.
By means of taxes each person bears his part in the cost of maintaining the social compact. He gives up a portion of his property in order that what remains may be the more secure and valuable, and that he may enjoy many other blessings that would otherwise be impossible. Although the rate is often high, even higher than necessary, it is safe to say that every tax payer of the country receives from the government more than he contributes by taxation.
Taxes are direct or indirect.
DIRECT TAXES.--A direct tax is levied directly at a given rate upon property or polls. Taxes levied by villages, towns, townships, cities, counties, and States are for the most part direct taxes.
A poll tax is levied upon the polls, or heads, of the male inhabitants who have attained a certain age, usually twenty-one years.
A property tax, as the name indicates, is levied upon property. Property is of two kinds, real and personal.
Real property, usually called real estate, consists of lands and buildings.
Personal property is that which can be moved from place to place, and includes everything that a person can own except real estate.
In all systems of taxation, much real estate, such as churches, cemeteries, colleges, charitable institutions, and public buildings, is exempt from taxes.
Five times in its history--namely, in 1798, 1813, 1815, 1816, and 1861--the United States levied a direct tax upon the people, but in each case the law was in force but a single year. From 1861 to 1871 there was also an income tax; that is, a tax of a given per cent. upon all annual incomes that exceeded a certain amount. In 1913, Congress passed a new income tax law, with additional taxes on very large incomes.
INDIRECT TAXES.--An indirect tax is assessed upon the property of one person, but is indirectly paid by another. The owner of the property at the time of assessment pays the tax to the government, but a part or all of the tax is ultimately paid by the consumer of the goods. All taxes now levied by the national government are indirect.
The indirect taxes levied by the national government are customs, or duties, and internal revenue.
CUSTOMS, OR DUTIES.--Customs, or duties, are taxes levied upon certain goods imported from foreign countries. The Constitution prohibits the taxation of exports.
The schedule or list of articles taxed and of duties to be paid is called the tariff. Custom dues are collected by officers of the national government at the custom-houses, located at the ports of entry, usually, but not always, on or near the sea-coast. By far the larger portion of the national revenue is derived from customs.
INTERNAL REVENUE.--Internal revenue, sometimes called excise, is a tax levied upon certain articles produced in this country, such as tobacco and spirituous liquors. It is collected by officers of the national government, called collectors, stationed in different parts of the country.
SUGGESTIVE QUESTIONS.
1. Name some of the items of expense in village government.
2. In township government.
3. In city government.
4. In county government.
5. In State government.
6. In national government.
7. What is the rate of property taxation in this country?
8. What is the rate in this State?
9. Where is the nearest custom-house?
CONSTITUTION OF THE UNITED STATES.
PREAMBLE.
We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, 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. LEGISLATIVE DEPARTMENT.
SECTION I. Congress in General.
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 II. House of Representatives.
Clause 1. 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.
Clause 2. 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.
Clause 3. 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.
Clause 4. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.
Clause 5. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment.
SECTION III. Senate.
Clause 1. The Senate of the United States shall be composed of two senators from each state, chosen by the [Legislature][1] thereof for six years, and each senator shall have one vote.
Clause 2. 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.][1]
Clause 3. 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.
Clause 4. The Vice-president of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.
Clause 5. The Senate shall choose their other officers, and also a president pro tempere, in the absence of the Vice-president, or when he shall exercise the office of President of the United States.
Clause 6. 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.
Clause 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment according to law.
SECTION IV. Both Houses.
Clause 1. The times, places, and manner of holding elections for senators and representatives shall be prescribed in each state by the Legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing senators.
Clause 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
SECTION V. The Houses separately.
Clause 1. Each house shall be the judge of the elections, returns, and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide.
Clause 2. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.
Clause 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journal.
Clause 4. Neither house during the session of Congress shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
SECTION VI. Disabilities of Members.
Clause 1. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
Clause 2. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office.
SECTION VII. Mode of passing Laws.
Clause 1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments, as on other bills.
Clause 2. Every bill which shall have passed the House of Representatives and the Senate shall, before it become a law, be presented to the President of the United States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.
Clause 3. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.
SECTION VIII. Powers granted to Congress.
The Congress shall have power--
Clause 1. To lay and collect taxes, duties, imposts, and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
Clause 2. To borrow money on the credit of the United States;
Clause 3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
Clause 4. To establish a uniform rule of naturalization and uniform laws on the subject of bankruptcies, throughout the United States; Clause 5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures;
Clause 6. To provide for the punishment of counterfeiting the securities and current coin of the United States;
Clause 7. To establish post-offices and post-roads;
Clause 8. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries;
Clause 9. To constitute tribunals inferior to the Supreme Court;
Clause 10. To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations;
Clause 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
Clause 12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years;
Clause 13. To provide and maintain a navy;
Clause 14. To make rules for the government and regulation of the land and naval forces;
Clause 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions;
Clause 16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress;
Clause 17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased, by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings; and
Clause 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United Stales, or in any department or officer thereof,
SECTION IX. Powers denied to the United States.
Clause 1. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
Clause 2. The privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the public safety may require it.
Clause 3. No bill of attainder, or ex-post-facto law, shall he passed.
Clause 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
Clause 5. No tax or duty shall be laid on articles exported from any state.
Clause 6. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another; nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another.
Clause 7. No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
Clause 8. No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state.
SECTION X. Powers denied to the States.
Clause 1. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex-post-facto law, or law impairing the obligation of contracts; or grant any title of nobility.
Clause 2. No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any state on imports or exports shall be for the use of the treasury of the United Stales; and all such laws shall be subject to the revision and control of the Congress.
Clause 3. No state shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
ARTICLE II. EXECUTIVE DEPARTMENT.
SECTION I. President and Vice-president.
Clause 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-president; chosen for the same term, be elected as follows:
Clause 2. Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.
[Clause 3. The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list 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 shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then, from the five highest on the list, the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by states, the representation 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. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-president. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-president.][2]
Clause 4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States.
Clause 5. No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.
Clause 6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-president; and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-president, declaring what officer shall then act as President; and such officer shall act accordingly, until the disability be removed, or a President shall be elected.
Clause 7. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.
Clause 8. Before he enter on the execution of his office, he 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, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States."
SECTION II. Powers of the President.
Clause 1. The President shall be commander-in-chief of the army and navy of the United States and of the militia of the several states, when called into the actual service of the United States; he may require the opinion in writing of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
Clause 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the Senate shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law; but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments.
Clause 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions, which shall expire at the end of their next session.
SECTION III. Duties of the President.
He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them; and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.
SECTION IV. Impeachment of the President.
The President, Vice-president, and all civil officers of the United States, shall be removed from office on impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors.
ARTICLE III. JUDICIAL DEPARTMENT.
SECTION I. United States Courts.
The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior; and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.
SECTION II. Jurisdiction of the United States Courts.
Clause 1. The judicial power shall extend to all cases in law and equity arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more states; between a state and citizens of another state; between citizens of different states; between citizens of the same state claiming lands under grants of different states; and between a state, or the citizens thereof, and foreign states, citizens, or subjects.[3]
Clause 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court, shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
Clause 3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
SECTION III. Treason.
Clause 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
Clause 2. The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.
ARTICLE IV.
SECTION I. State Records.
Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
SECTION II. Privileges of Citizens, etc.
Clause 1. The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
Clause 2. 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.
Clause 3. 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.
SECTION III. New States and Territories.
Clause 1. 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.
Clause 2. The Congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other properly belonging to the United States; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States or of any particular state.
SECTION IV. Guarantee to the States.
The United States shall guarantee 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 can not be convened), against domestic violence.
ARTICLE V. POWER OF AMENDMENT.
The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution, 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 Constitution, 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. PUBLIC DEBT, SUPREMACY OF THE CONSTITUTION, OATH OF OFFICE, RELIGIOUS TEST.
Clause 1. All debts contracted and engagements entered into before the adoption of this Constitution, shall be as valid against the United States under this Constitution as under the Confederation.
Clause 2. 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, any thing in the Constitution or laws of any state to the contrary notwithstanding.
Clause 3. 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.
ARTICLE VII. RATIFICATION OF THE CONSTITUTION.
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 States of America the twelfth. In witness whereof, we have hereunto subscribed our names.
GEORGE WASHINGTON, President and Deputy from Virginia.
New Hampshire.--John Langdon, Nicholas Gilman.
Massachusetts.--Nathaniel Gorham, Rufus King.
Connecticut.--Wm. Samuel Johnson, Roger Sherman.
New York.--Alexander Hamilton.
New Jersey.--William Livingston, William Patterson, David Brearley, Jonathan Dayton.
Pennsylvania,--Benjamin Franklin, Robert Morris, Thomas Fitzsimons, James Wilson, Thomas Mifflin, George Clymer, Jared Ingersoll, Gouverneur Morris.
Delaware.--George Read, John Dickinson, Jacob Broom, Gunning Bedford, Jr., Richard Bassett.
Maryland.--James M'Henry, Daniel Carroll, Daniel of St. Tho. Jenifer.
Virginia.--John Blair, James Madison, Jr.
North Carolina.--William Blount, Hugh Williamson, Richard Dobbs Spaight.
South Carolina.--John Rutledge, Charles Cotesworth Pinckney, Pierce Butler.
Georgia.--William Few, Abraham Baldwin.
Attest, WILLIAM JACKSON, Secretary.
AMENDMENTS TO THE CONSTITUTION.
ARTICLES I--X. Bill of Rights.
ARTICLE I. 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 grievances.
ARTICLE 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.
ARTICLE III. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
ARTICLE 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 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 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.
ARTICLE 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 assistance of counsel for his defense.
ARTICLE 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 re-examined in any court of the United States than according to the rules of the common law.
ARTICLE VIII. Excessive bail shall not be required, nor excessive, fines imposed, nor cruel and unusual punishments inflicted.
ARTICLE IX. The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
ARTICLE X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people.
ARTICLE 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.
ARTICLE XII. Mode of choosing the President and Vice-president.
Clause 1. 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 list 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 representation 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 constitutional disability of the President.
Clause 2. 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.
Clause 3. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-president of the United States.
ARTICLE XIII.
SECTION I. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
SECTION 2. Congress shall have power to enforce this article by appropriate legislation.
ARTICLE XIV.
SECTION 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
SECTION 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-president of the United States, representatives in Congress, the executive and judicial officers of a state, or the members of the Legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.
SECTION 3. No person shall be a senator or representative in Congress, or elector of President and Vice-president, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an Officer of the United States, or as a member of any State Legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each house, remove such disability.
SECTION 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations, and claims shall he held illegal and void.
SECTION 5. The Congress shall have power to enforce by appropriate legislation the provisions of this article.
ARTICLE XV.
SECTION 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.
SECTION 2. The Congress shall have power to enforce this article by appropriate legislation.
ARTICLE XVI.
The Congress shall have power to lay and collect taxes on incomes from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration.
ARTICLE XVII.
The Senate of the United States shall be composed of two senators from each state, elected by the people thereof, for six years; and each senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.
When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, That the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any senator chosen before it becomes valid as part of the Constitution.
[1]Altered by the 17th Amendment.
[2]Altered by the 12th Amendment.
[3]Altered by the 11th Amendment.
INDEX
Absolute monarchy, 159 Academy, naval, 142. Accused, rights of, 74. Actions, 171. Adjutant general, 84, 146. functions of, 89. Administrators, 54. Admiralty courts, 171. Agriculture, commissioner of, 84, 89. Alaska, 96. Aldermen, board of, 61. Aliens, 105. Alternate delegates, 194. Amendments, 199. Appropriation by State, 67. Area of counties, 49. Aristocracy, 159, 160. Assembly--general or legislative, 177. Assessor, Authority of, 61. duties of, 67. of township, 43, 44. Attorney, 174. county, 49. duties of, 50. general, 88. Auditor, township, 45. Australian ballot-system, 176, 179, 184. Ballot, 176. blanket, 180, 181. box, 176, 177. forms of, 183. individual, 180. in Indiana, 183, 187. in Louisville, 183, 185. in Mass., 183, 186. official, 180, 182. secret, 179, 182. voting by, 176. Bank inspectors, 90. national, 138. Bargaining and trading, 183. Beat, the, 28, 30. Bill, 197, 199. of rights, 68, 72. of attainder, 197, 200. true, 173. Blind, voting of the, 182. Board of aldermen, 61. of education, 61. Board of pardons, 86. of public works, 61. of supervisors, 50. Boroughs, 57. Bribery, 177, 182. Buildings, county, 49. Bureau of construction and repair, 142. of medicine and surgery, 142. of navigation, 141. of ordnance, 141. of supplies and accounts, 142. of steam engineering, 142. of yards and docks, 141. Bureaus of navy department, 141. of treasury department, 136. of war department, 140. By-laws, township, 42. Cabinet, presidential, 132, 149. Cadet, 141. Campaign, 194. Candidates, 176, 190. Canvass, 177. Cases, 171. Causes, civil, 171. criminal, 172. Census, 121. Challenge, 173. Chaplain, 123. Charges, 172. Chief of engraving and printing, 139. of bureau of statistics, 138. of fire department, 62. of ordnance, 145. of police, 62. Children, 22, 23. rights of, 22. duties of, 23. Circuit clerk, 54. court, 152. court of appeals, 152. Citizen, 67-69. duties of, 17. naturalization of, 102, 168. of civil district, 32, 33. duties of, 33. rights of, 32. of township, 38, 40. duties of, 39, 40. rights of, 38. Citizen, rights of, 32, 60. Citizenship, 38. City council, 61. court, 61. election, 61. engineer, 61. government, 60-63. incorporation, 58. institution, 59. judge, 62. officers, 61, 62. physician, 62. solicitor, 61. wards, 59. Civil district, 27, 36. government, 159. Civil law, 170. Civil rights, 163, 165. Civil unit, 28, 30. Clerks, 57, 174, 176. chief of Senate, 81. circuit, 54. common pleas, 49. of county, 41, 49, 52, 53. of township, 43. Collection of taxes, 45. Collector of city, 61, 62. of county, 54. of township, 45. of village, 57, 58. Commander-in-chief of the army and navy of the United States, 130. Commerce, regulation of, 113, 153. Commercial law, 171. Commission plan of city government, 62. Commissioner, 135. of agriculture, 84. county, 50. court, 173. of general land office, 144. of Indian affairs, 145. of internal revenue, 138. of labor, 90. land, 84, 90. of patents, 145. of pensions, 144. railway, 84, 90. of internal revenue, 138. school, 49. street, 61, 62. township, 44, 49. Committee, 190. conference, 200. county, 191. district, 191. executive, 191. national, 192, 194. special, 198, standing, 198. Common law, 170. Communal district, 30. Commutation of sentence, 87. Comptroller, 87. in U. S. government, 137. Comptroller of currency, 138. Congress, acts of, 65. forbidden powers, 117. member of, 111, 112. power of, 110, 117. representation in, 95. Congressional districts, 191. Constable, district, 33. duties of, 35. election and term, 35. township, 43, 45. Consuls, 135. Constitution, 205-218. amendments to, 107, 215. formation of, 106. nature of, 105. Constitution of European countries, 70. of State, 69. necessity for, 106. ratification of, 99. value of, 71. Conventions, 192, 194. Copyright, 114, 145. Coroner, 49. duties of, 53. inquest, 54. in township, 46. Corporation, 166. municipal, 56. Corruption, 177. Council, city, 61, 62. common, 61. Councilman, 42, 57. Counterfeiting, 114. County, the, 48-55. area, 49. attorney, 51. auditor, 52. buildings, 49. clerk, 52. convention, 193. court-house, 49. executive department, 51. formation, 48. government, 49. infirmary, 50. jail, 49. judge, 54, 55. legislative department, 50. officers, 49. power, 48, property, 50. public affairs, 49. purposes, 48. sheriff, 51. superintendent of schools, 44. surveyor, 53. Court-house, 49, 50. Court, jurisdiction of, 151. of claims, 153. officers of, 155,173,174. supreme, 151, United States, 149. of appeals, U.S. circuit, 152. U.S. district, 153. Court-martial, 171. Declaration of Independence, 65. Deeds, 49, 53. Defendant, 172. Democracy, 159, 161. Department, of agriculture, 146. of commerce, 147. county, 40. executive, of county, 51. fire, 59. government, 72. interior, 144-146. judicial, 40, 92, 149, 196. of justice, 146, 147. of labor, 147. legislative, of county, 80. of State, 77. of territory, 94. navy, 141, 142. post office, 142-144. State, 133. township, 40, 41. treasury, 136-139. war, 139-141. Despotism, 175. Diplomatic service, 134. Direct taxes, 202, 203. Director infirmary, 54. of mint, 139. school, 43, 44. Disfranchisement, 177. Disorder, 179. District-attorney, 155. District, civil, 27. clerk, 54. communal, 30. election, 29. magisterial, 29. marshal, 155. militia, 29. reporter, 155. school, 21, 28. Duties, 204. citizen's, 33. civil, 163. industrial, 165. moral, 166. of children, 22. of family, 19. of parents, 23. political, 167. Education, board of, 61. of child, 27. Election act, 179. district, 29. judges of, 42. of county officers, 50. of justices, 93. precinct, 29, 30. presidential, 126, 127. returns, 87. Electoral college, 127. vote, 128. Electors, choice of, 115. Electric light, 59. Enabling act, 65. Engineer, city, 61. chief, 140. county, 53. ordnance, 140. State, 90. Enrolled bills, 200. Envoys extraordinary, 134. Examiner of state, 90. Examining trial, 34. Exercise, 204. Executive department, of county, 49. of State, 84. of territory, 94. of United States, 125-148. function of civil district, 31. Expenditure in county, 52. Family, 17-20. definition of, 18. duties of members of, 19. officers, 19. members of, 18. powers of officers, 19. purposes of, 18. responsibilities, 19. rights of members, 19. Federal reserve banks, 138. Federal trade commission, 148. Fence-viewers, 45. Finance, 60. Fire department, chief of, 62. Freedom of assembly, 73. of conscience, 73. of press, 73. Gas-works, 59. General assembly, 77. General, adjutant, 84, 140. attorney, 88, commissary, 140. inspector, 140. quartermaster, 140. surgeon, 140. surveyor, 140. Government, 157-162. departments, 77. duties toward, 69. economy of, 61. functions, 58, 59. national, 98, 99. origin of, 157, 158. purposes of, 100. school, 23-26. State, 77. Territory, 96. varieties, 17, 159. Governor of State, 85. of Territory, 94, powers and duties, 85, 86. Grand jurors, 172, 177. Guardians, appointment of, 54. Habeas corpus, 117. Hereditary monarchy, 160. House of congress, 110. of delegates, 78. of representatives, 81, 121, 122. Hundred, the, 28, 30. Immigration commission, 90. Impeachment, 82. Inauguration, presidential, 128. Income tax, 203. Indiana ballot, 184, 187. Indian Territory, 96. Indictment, 172, 173. Industrial rights, 165. Initiative, 82. Inquest, coroner's, 54. Inspector-general, 140. of bank, 90. Instruction, superintendent of, 89. Insurance commissioners, 84, 89. Interior department, 144. Internal revenue, 204. International law, 170. Interstate commerce, 113, 148, 153. Intimidation, 179. Jail, county, 49. Jailer, 54. Journal of house, 78. Judge, 171-173, 176. advocate-general, 140. appointment of, 93. county, 49, 50. district, 94. probate, 49, 55. supreme court, 92. surrogate, 49, Judicial department of State, 191. of U.S., 149. district, 191. Judiciary, functions of, 92. Jurisdiction of courts, 149. of supreme court, 151. jurors, 173. in township, 42. Jury, 122, 123. Justice, 163-168 of county, 50. of peace, 33, 34. precinct, 30. of township, 45, 46. Labor commissioner, 90. Labor department, 147. Land commissioner, 84, 90. Law and liberty, 169-174. Law, enactment of, 79, 197. execution of, 84. ex post facto, 118. forbidden, 74. indexing, 87. making, 77. of nations, 170. of Territory, 95. Legislation, 197-200. in county, 54. Legislative department of county, 49, 50. power of presiding, 131. State, 77. Territory, 94. Legislative department of township, 41. of county, 50. of school, 24. of State, 77. of U.S., 110. Legislature, 77. Letters of marque, 114. Liberty, 169. Librarian, State, 90. Territory, 94. Licenses, 53, 54. Lieutenant-governor, 78, 84, 87. Magisterial district, 29. Marshal of village, 52. Martial law, 171. Massachusetts ballot, 183, 186. Mayor, 57, 61. Members of congress, 111. of family, 19. of school district, 22. Ministers, 134, 135. Ministerial officers, 35, 45, 174. Militia, 115. district, 29, 30. Military academy, 145. government, 159. Mint, 138. Monarchy, 159. Money, coining of, 114. Moral law, 170. rights and duties, 166, 167. Mortgages, 49, 53. Municipal corporations, 56, 63. National banks, 138. National committees, 191. convention, 191, 193, 194. government, 98, 99. legislation, 189. Naturalization, 102. Naval academy, 142. New Jersey ballot, 184. Nominations, 194, 195. Officers, appointment of, 84. city, 61. civil district, 33. election, 54. election of, 176. house of representatives, 81. interior, 123. ministerial, 35. of family, 19, 20. powers of, 19. post-office, 143, 144. school, 24. of senate, 81. Officers of Territory, 94. township, 41. treasury, 136. of United States Court, 155, 156. Official ballots, 184. Oklahoma, 96. Oligarchy, 160. Oral instruction, 57. Ordinances, 42. Organization act, 94. Overseers, 54. Papers, 49. Pardons, 131. Parents, rights and duties of, 33 Parish, 48. Parliamentary law, 171. Parties, 189-196. Party committees, 190, 191. conventions, 190, 191. machinery, 189, 191. Passports, 133. Patents, 144, 145. Patriarchy, 160. Patronage of president, 132. Paymaster, 140. Penalties, 177. Pensions, 144. Personal property, 203. Petit jury, 172. Piracy, 114. Plaintiff, 172. Plantations, 30. Platforms, 126, 194. Police, chief, 62. court, 61. Political conventions, 192. parties, 189. Polling list, 176. place, 176, 177, 180. in district, 31. Poll-tax, 39, 44, 203. Poor, support of, 54. Postmaster, 123. Post office, 114. bureau, 143. department, 142. Popular vote, 128. Porto Rico, 97. Pound keeper, 45. Powers of State, 79. Precinct election, 29, 30. justice's, 30. President, 125, 129, 130, 190, 193. cabinet of, 132. powers of, 108. Presidential election, 189. Press, freedom of, 72. Primary elections, 195. Privateers, 115. Private property, 72. Private tax, 203. Privilege of State, 78. Probate judge, 54, 55. Proceedings, legal, 174. Property tax, 203. Quartermaster-general, 140. Railway commissioners, 90. Real estate tax, 203. Recall, 63. Recorder, 58. county, 53. Referendum, 82. Register, county, 53. of land office, 84, 90. Representative democracy, 161. districts, 191. duties, 78. house of, 81. Reprieves, 86, 131. Reprisal, 114. Republic, 161, 163. Republican principles, 72. Residence, official, of president, 128. Revenue and taxation, 201, 204. collection of, 52, 88, 136. Rights, 163, 171. natural, 27. of accused, 74. of eminent domain, 166. of private property, 164. political, 175. School, 21, 26. appointment of officers, 34. children, 22, 23. definition and purpose of, 21. directors, 43, 44, 51. district, 28. formation of, 21. functions of, 22. government, 23, 27. members, 22. position of, 28. power of teacher of, 25. rights of, 22. teacher, 25. Secret ballot, 179. Secretary of state, 87. of territory, 94. of treasury, 136. Security, personal, 72. Selectmen, 42. Senate, 81, 119. Senator, 110. Senatorial districts, 191. Sessions of congress, 131. Sheriff, 49, 174, 177. Shire town, 49. Society, 158, 165, 166. Social rights, 165, 166. Solicitor, 158, 166, 167. city, 61. general, 146. of treasury, 139. Speaker, 81, 82. Speech, freedom of, 157. State, 64-97. administration of, 116. engineer, 70. State examiner, 90. librarian, 90. officers, 84. secretary of, 87. subdivisions of, 48. teachers' institute, 89. Statistics, commissioner of, 90. Statute law, 170. Suffrage and elections, 175-178. rights of, 39. Suits, 171, 174. civil, 54. Superintendent of banking, 90. of coast survey, 138. Superintendent of elections, 51. of poor, 54. of public instruction, 89. Supervisor, 43, 44. Supreme court, 92, 150. Surveyor, 33, general, 90. county, 49, 53. Tariff, 204. Taxation, 79, 201, 202. Taxes, 52, 53, 202, 203. collection of, 35, 43, 45. income, 203. indirect, 202. Teachers, 25, 26. duties of, 25. powers of, 25, 26. Territory, 65, 94, 95, 96. Theocracy, 160. Tipstaff, 174. Town (see Township), 39, 30, 37-47. meetings, 41. Township, or town, 37-47. assessor, 43, 44. citizens of, 38. clerk, 43. collector, 45. commissioner, 44. constable, 43, 45. councilmen, 42. governmental functions of, 37. Township, purposes, 38. selectmen, 42. supervisor, 43, 44. treasurer, 43. Treason, 86. Treasurer, city, 61. Treasurer, county, 52. township, 43. village, 57, 58. Treasury department, 136-139. Treaties, 120, 131. Trials, 171, 172. by jury, 173. Trustees, 57. of township, 42. duties of, 42. Unit, the civil, 28-31. United States, 98-156. circuit courts, 152. circuit court of appeals, 152. district court, 153. formation of, 99. jurisdiction of courts, 149. supreme court, 150. Veto, 86. Vice-president, 125, 190, 193, 194. Village, 56, 57. Voters, 29, 32, 33, 39, 60, 67, 68, 175, 182. Voting, 175, 176, 181, 183. War, declaration of, 114. Ward convention, 195. Warrants, 34, 45. Water works, 59, 60. Wills, 49, 53, 54. Works, electric, 59. gas, 59. public, 57, 59, 60. water, 57. Writs, serving of, 35.