[Bill of Rights] Билль о правах

Воскресенье, Январь 21st, 2007

[Bill of Rights] Билль о правах

The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added.

 

Article the first [Not Ratified]

After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.

Article the second [Amendment XXVII - Ratified 1992]

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

Article the third [Amendment 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 the fourth [Amendment 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 the fifth [Amendment 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 the sixth [Amendment 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 the seventh [Amendment 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 offence 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 the eighth [Amendment 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 defence.

Article the ninth [Amendment 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 the tenth [Amendment VIII]

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

Article the eleventh [Amendment IX]

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article the twelfth [Amendment 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.

 

 

New legislation in Britain (Принятие законов в Великобритании)

 New legislation in Britain usually starts in the Houses of Lords. In each house a bill is considered in three stages, called readings. The first reading is purely formal, to introduce the law. The second reading is usually the occasion for debate. After the second reading the bill is examined in detail by a committee.

The bill is then returned to one of the houses for the report stage, when it can be amended. If passed after its third reading, it goes to one other house. Amendments made to a bill by the House of Lords must be considered by the commons. If the house of common does not agree, the bill is altered and sent bask to the lords. In the event of persistent disagreement between the two houses, commons prevails. Finally, the bill goes the reigning monarch for the royal assent.

Nowadays the royal assent is merely s formality. In theory the queen could  still  refuse her consent, but the last monarch to use this power was Queen Anne , who vetoed the unpopular Scottish Militia Bill in 1707.

 Новое законодательство в Великобритании, обычно берет свое начало в Палате Лордов. В каждой палате, закон проходит три три этапа, называемые чтениями. Первое чтение чисто формальное, чтобы ввести закон. Второе чтение является обычно случаем для дискуссии, дебатов. После второго чтения закон детально изучается комитетом.

Затем закон возвращается в одну из палат для этапа сообщения, когда он может быть скорректирован. Если пройдено третье чтение, он идет в другую палату. Поправки сделанные в законопроекте Палатой Лордов, должны считаться Палатой Общин. Если Палата Общин не соглашается, закон изменяеться и посылается в Палату Лордов. В случае устойчивого несоответствия между двумя Палатами, Палата Общин преобладает. Наконец, закон идет к царствующему монарху для королевского согласия.

В настоящее время королевское согласие является просто формальностью. В теории, королева может все еще не согласиться с принятием закона , но последним монархом, кто  использовал это право была Королева Анна , которая наложила вето на непопулярный Шотландский закон о Милиции  в 1707.

Congress of the United States

Congress of the United States the legislature of the United States of America, established under the Constitution of 1789 and separated structurally from the executive and judicial branches of government. It consists of  two houses, the Senate (q.v.), in which each state, regardless of its size, is represented by two senators, and the House of Representatives (see Representatives, House of), to which members are elected on the basis of population. Among the express powers of Congress as defined in the  Constitution are the power to lay and collect taxes, borrow money on the credit of the United States, regulate commerce, coin money, declare war, raise and support armies, and make all laws necessary for the execution of its powers.

Although the two chambers of Congress are separate, for the most part, they have an equal role in the enactment of legislation, and there are several aspects of the business of Congress that the Senate and the House of Representatives share and that require common action. Congress must assemble at least once a year and must agree on the date for convening and adjourning. The date for convening was set in the Constitution as the first Monday in December; however, in the Twentieth Amendment to the Constitution the date was changed to January 3. The date for adjournment is voted on by the House and the Senate.

Congress must also convene in a joint session to count the electoral votes for the president and vice-president. Although not required by the Constitution, joint sessions are also held when the president or some visiting dignitary addresses both houses.

Of common interest to both houses of Congress are also such matters as government printing, general accounting, and the congressional budget. Congress has established individual agencies to serve these specific interests. Other agencies, which are held directly responsible to Congress, include the Copyright Royalty Tribunal, the Botanic Garden, and the Library of Congress.

The term of Congress extends from each odd-numbered year to the next odd-numbered year. For its annual sessions, Congress developed the  committee system to facilitate its consideration of the various items of business that arise. Each house of Congress has a number of standing (permanent) committees and select (special and temporary) committees. Together the two chambers of Congress form joint committees to consider subjects of common interest. Moreover, because no act of Congress is valid unless both houses approve an identical document, conference committees are formed to adjust disputed versions of legislation.

At the beginning of a session, the  president delivers a State of the Union address, which describes in broad terms the legislative program that the president would like Congress to consider. Later, the president submits an annual budget message and the report on the economy prepared by the president's Council of Economic Advisors. Inasmuch as congressional committees require a period of time for preparing legislation before it is presented for general consideration, the legislative output of Congress may be rather small in the early weeks of a session. Legislation not enacted at the end of a session retains its status in the following session of the same two-year Congress.

In terms of legislation, the president may be considered a functioning part of the congressional process. The president is expected to keep Congress informed of the need for new legislation, and government departments and agencies are required to send Congress periodic reports of their activities. The president also submits certain types of treaties and nominations for the approval of the Senate. One of the most important legislative functions of the president, however, is that of signing or vetoing proposed legislation. The president's veto may be overridden by a two-thirds vote of each chamber of Congress; nevertheless, the influence of the president's potential power may extend to the procedures of Congress. The possibility that a bill may be vetoed gives the president some influence in determining what legislation Congress will consider initially and what amendments will be acceptable. In addition to these legal and constitutional powers, the president has influence as the leader of a political party; party policy both in Congress and among the electorate may be molded by the president.

Although the U.S.  Supreme Court has no direct relations with Congress, the Supreme Court's implied power to invalidate legislation that violates the constitution is an even stronger restriction on the powers of Congress than the presidential veto. Supreme Court and federal court decisions on the constitutionality of legislation outline the constitutional framework within which Congress can act.

Congress is also affected by representative interest groups, though they are not part of the formal structure of Congress. Lobbyists play a significant role in testifying before congressional hearings and in mobilizing opinion on select issues.

Many of the activities of Congress are not directly concerned with enacting laws, but the ability of Congress to enact law is often the sanction that makes its other actions effective. The general legal theory under which Congress operates is that legal authority is delegated to the president or executive departments and agencies and that the latter, in turn, are legally responsible for their actions. Congress may review any actions performed by a delegated authority; and in some areas of delegated legislation, such as in proposals for governmental reorganization, Congress must indicate approval of specific plans before they go into effect. Congress may also retain the right to terminate legislation by joint action of both houses.

Congress exercises general legal control over the employment of government personnel. Political control may also be exercised, particularly through the Senate's power to advise and consent to nominations. Neither the Senate nor the House of Representatives has any direct constitutional power to nominate or otherwise select executive or judicial personnel (although in the unusual event that the electoral college fails to select a president and vice-president, the two houses, respectively, are expected to do so). Furthermore, Congress does not customarily remove officials. Congress, however, does have the power of  impeachment. In such proceedings the impeachment is made by the House of Representatives, and the case is tried before the Senate--a vote of two-thirds of the senators present is required for conviction.

The power to levy and collect taxes and to appropriate funds allows Congress considerable authority in fiscal matters. Although the president has the initial responsibility for determining the proposed level of appropriations, once estimates for the next fiscal year are submitted to Congress, a single budget bill is not enacted, but rather a number of appropriation bills for various departments and agencies are passed during the first six or seven months of a session.

In its nonlegislative capacity, Congress also has the power to initiate amendments to the Constitution, and it must determine whether the states should vote on a proposed amendment by state legislatures or by special state conventions. Finally, Congress has the right to investigate any subject that affects its powers. Congressional investigating committees may call witnesses and require them to produce information. These committees may also be given the power that persons who deliberately block the legislative process may be charged with contempt of Congress and may be issued warrants for their arrests.

 

 

Powers of Congress

 

Congress has no general legislative power such as is enjoyed by the British Parliament, and to a lesser degree by the legislatures of the American states; it has only such functions and authority as are expressly conferred on it by the Constitution or are implied in the Constitution. Many of the express powers are defined in Article I, Section 8. Among these are the power “to lay and collect taxes,” “borrow money on the credit of the United States,” “regulate commerce with foreign nations and among the several States,” “coin money,” “establish post offices,” “declare war,” “raise and support armies,” and “make all laws” necessary for the execution of its own powers and “all other powers vested by this Constitution in the government of the United States.” This section also empowers Congress to administer the District of Columbia, which contains the seat of the federal government. Other express powers are conferred on Congress in other articles of the Constitution. Among the implied powers of Congress is the right to establish legislative machinery to give effect to its express powers.

In most respects the two houses of Congress have an equal role in the enactment of legislation, but a number of functions are reserved by the Constitution to each house. The confirmation of presidential appointments, by a simple majority of those voting, and the consent to treaties, by a two-thirds majority of those voting, is reserved to the Senate. The Senate also has “the sole power to try all impeachments,” which, however, may be initiated only by the House of Representatives. Only the House may initiate revenue bills.

 

 

Limitations and Restrictions

 

Important limitations on the powers vested in Congress are defined in Article I, Section 9, and in the first ten amendments to the Constitution, known as the Bill of Rights. These limitations are primarily in the form of general prohibitions against the abridgment or destruction of fundamental rights.

Apart from these limitations and a number of others found or implied in parts of other articles of the Constitution, two general and important restrictions are placed on the powers of Congress: the presidential veto and the invalidation of legislation as unconstitutional by the U.S. Supreme Court. The veto power of the president is defined in Article I, Section 7. Every bill passed by Congress must be submitted to the president, who, according to the Constitution, has ten days in which to sign or veto the bill. If vetoed by the president, a bill cannot become law unless passed a second time and by a two-thirds majority of those voting in each house. If the president fails to act within ten days, the bill becomes law without the presidential signature, if Congress is in session. If Congress has adjourned in the interim, the bill lapses, and failure of the president to sign it is known as a pocket veto.

A stronger restriction than the presidential veto on the power of Congress is the power of the Supreme Court to invalidate legislation that violates the Constitution. Although not specifically vested with this power, the Supreme Court, in the case of Marbury v. Madison in 1803, held for the first time that its right to invalidate legislation as unconstitutional was implied in the Constitution. With occasional exceptions, the power thus assumed by the Supreme Court has been honored ever since that time. The power of judicial review has, however, been used sparingly against Congress.

When the Supreme Court invalidates federal laws, Congress may redraft them, eliminating the provisions found objectionable by the Court. Or it may initiate an amendment to the Constitution, establishing its right to enact legislation of the type desired. In this way a Supreme Court decision, holding that a tax on income derived from property had to be apportioned among the states, led to the enactment of the 16th Amendment (1913), giving Congress the power to levy “taxes on incomes, from whatever source derived, without apportionment among the several States … ” It is also within the power of Congress to initiate a constitutional amendment depriving the Supreme Court of its power to invalidate legislation. Although an amendment of this type has been suggested as a means of increasing the power of Congress, none has been adopted.

 

 

Political Parties and Congress

 

Although not contemplated by the Founding Fathers and not provided for in the Constitution, political parties are important in the functioning of Congress. Party programs, policies, and interests influence the votes of members of Congress. All committees in both houses are composed of members of the majority and minority parties in proportion to their strength. Members of the majority party chair the committees. A majority and a minority leader in each house are chosen by caucuses of their respective fellow party members. As political leaders they are not, in that capacity, officers of Congress, but are influential in scheduling and shaping legislation and in determining the attitude of Congress toward the executive branch of the government.

The Constitution leaves to the states the right to fix “the times, places and manner of holding elections for Senators and Representatives.” Each house, however, is the judge of the qualifications and fitness of its members and may punish and expel them for cause. Members of Congress cannot be sued for utterances made in Congress, and, while attending congressional sessions, senators and representatives also enjoy immunity from arrest, except in cases involving “treason, felony and breach of the peace.” Their remuneration is fixed by their respective house. Members of Congress are provided with offices and secretarial and clerical assistance; those who serve for six years or more are eligible to retire on annuity at the age of 62.

 

Congressional Sessions

 

The term of a Congress extends from each odd-numbered year to the next odd-numbered year; the 1st Congress convened in 1789. The 20th Amendment, in effect since 1933, provides for an annual meeting of Congress, called a session, commencing on January 3, unless Congress itself designates another date. By terms of the Legislative Reorganization Act of 1946 (Public Law 601), Congress must adjourn its annual meeting sine die by July 31 at the latest, except in time of war or other national emergency, when the meeting may be extended by the Congress itself. When Congress is not in session, the president is empowered by the Constitution, on “extraordinary occasions,” to call special sessions of Congress or of either house. Thus, at least two, and sometimes more, sessions are held in each Congress.

The houses of Congress meet separately in the Capitol, Washington, D.C., but convene in joint session to receive important communications from the president or, occasionally, to listen to an address by a visiting foreign dignitary. Most sessions of Congress are open to the public and are reported by the press, television, and radio; the occasional executive sessions of the Senate are not. Except for material deemed secret because of its crucial importance to the national welfare, the proceedings of Congress are published in the Congressional Record.

Once in session, neither house may adjourn for more than three days, or to another place, without the consent of the other house. A disagreement between the two houses over the date of adjournment may be resolved by the president, who is empowered by Article II, Section 3, of the Constitution to “adjourn them to such time as he shall think proper.” No president has ever exercised this power.

Each house makes its own rules of procedure, but the Constitution stipulates that a majority in each house constitutes a quorum. If fewer members than a majority are in attendance, they may compel the attendance of a sufficient number, present in the Capitol but not in the chamber, to form a quorum.

 

The Committee System

 

Both houses facilitate business by a committee system, and each has a fixed number of permanent committees, called standing committees, the chief function of which is considering and preparing legislation. Each house may create an indeterminate number of impermanent committees, known as select committees, for investigations of profiteering in war contracts, of election frauds, and of subversive activities. These select committees, which expire when their purposes are fulfilled, are created on the theory that their investigations are useful in framing legislation. Since 1800, Congress has found it expedient to establish a number of joint standing committees. Temporary joint committees are also established occasionally by Congress. A notable one was the Joint Congressional Committee on Labor-Management Relations, created by the Labor-Management Relations (Taft-Hartley) Act of 1947, to observe the operation of that law and to make a final report on it to Congress on January 2, 1949. Differences between the two houses of Congress over legislation, usually in the form of amendments made by one house to bills initiated by the other, are generally reconciled in conference committees consisting of managers appointed by the presiding officers of the two houses. If no agreement is reached by the conference committees, the legislation in dispute fails.

 

Senate

Senate one of the two houses of the legislature of the United States, established in 1789 under the Constitution. Each state elects two senators for six-year terms, the terms of about one-third of the Senate membership expiring every two years.

The role of the Senate was conceived by the Founding Fathers as a check on the popularly elected House of  Representatives. Thus each state, regardless of size or population, is equally represented. Further, until the Seventeenth Amendment of the Constitution (1913), election to the Senate was indirect, by the state legislatures. They are now elected directly by voters of each state.

The Senate shares with the House of Representatives responsibility for all lawmaking within the United States. For an act of Congress to be valid, both houses must approve an identical document.

The Senate is given important powers under the "advice and consent" provisions (Article II, section 2) of the Constitution: ratification of treaties requires a two-thirds majority of all senators present and a simple majority for approval of important public appointments, such as those of Cabinet members, ambassadors, and judges of the Supreme Court. The Senate also adjudicates impeachment proceedings initiated in the House of Representatives, a two-thirds majority being necessary for conviction.

As in the House of Representatives,  political parties and the  committee system dominate procedure and organization. Each party elects a leader, generally a senator of considerable influence in his own right, to coordinate Senate activities. The Senate leaders also play an important role in appointing members of their party to the Senate committees, which consider and process legislation and exercise general control over government agencies and departments. Sixteen standing committees are grouped mainly around major policy areas, each having staffs, budgets, and various subcommittees. Among important standing committees are those on appropriations, finance, government operations, and foreign relations. At "mark-up" sessions, which may be open or closed, the final language for a law is considered. Select and special committees are also created to make studies or to conduct investigations and report to the Senate--for example, the Select Committee on Ethics and the Special Committee on Aging.

The smaller membership of the Senate permits more extended debate than is common in the House of Representatives. To check a  filibuster--endless debate obstructing legislative action--three-fifths of the membership must vote for cloture; if the legislation under debate would change the Senate's standing rules, cloture may be invoked only on a vote of two-thirds of those present. There is a less-elaborate structure of party control in the Senate; the position taken by influential senators may be more significant than the position (if any) taken by the party.

The constitutional provisions regarding qualifications for membership of the Senate specify a minimum age of 30, citizenship of the United States for nine years, and residence in the state from which elected.

 

 

House of Representatives

 

Representatives, House of, one of the two houses of the U.S. Congress, established in 1789 by the Constitution.

The first Congress had 59 members in the House; membership reached 435 in 1912. Two additional representatives were added after the admission of Alaska and Hawaii as states in 1959, but at the next reapportionment membership returned to 435, the number authorized by a law enacted in 1941. The allocation of seats is based on population within the states; membership is reapportioned every 10 years, following the decennial census. House members are elected every two years from one-member districts of approximately equal population created for this purpose.

The House of Representatives shares with the Senate equal responsibility for lawmaking within the United States. As conceived by the Founding Fathers, the House was to represent the popular will, and its members were to be directly elected by the people, rather than indirectly, as originally provided for the Senate.

The Constitution vests certain exclusive powers in the House of Representatives, among the most important of which are the right to initiate  impeachment proceedings and the right to originate revenue bills.

The organization and character of the House of Representatives have evolved under the influence of political parties, which provide a means of controlling proceedings and mobilizing the necessary majorities. Party leaders, such as the speaker and the majority and minority leaders, came to play a central role in the operations of the House. Party discipline is not always strong, however, in a body whose members stand for reelection every two years and who tend to look toward their districts rather than to parties for support.

A further dominating element of House organization is the  committee system, under which the membership is broken up into smaller groups for such purposes as selecting agenda, preparing bills for the consideration of the whole House, and regulating House procedure. Each committee is controlled by the majority party. Almost all bills are first referred to a committee; the House ordinarily cannot act on a bill until the committee has "reported" it for floor action. There are more than 20 standing committees, organized mainly around major policy areas, each one having staffs, budgets, and subcommittees. They may hold hearings on questions of public interest, propose legislation that has not been formally introduced as a bill or resolution, and conduct investigations. Among important standing committees are those on appropriations, on ways and means, and on rules. Select and special committees are also appointed, usually for a specific project and for a limited period.

The committees also play an important role in the control exercised by Congress over governmental agencies. Departmental heads and other responsible officials are frequently summoned before the committees to explain policy. The  Constitution (Article I, section 6) prohibits members of Congress from holding offices in the executive branch of government--a chief distinction between parliamentary and congressional forms of government.

One important result of population changes in the United States in the decade 1970-80 was the gain under reapportionment of 17 congressional seats in states of the South and West; states of the Northeast lost 9 and those of the North Central region 8. For the first time in the 20th century, the majority in the House of Representatives was not based in the traditional North.

The constitutional provisions regarding eligibility for membership of the House of Representatives specify a minimum age of 25, U.S. citizenship for at least seven years, and residence within the state from which a member is elected.

 

 

Library of Congress

 

The U.S.  Library of Congress in Washington, D.C., is probably the largest national library, and its collection of modern books is particularly extensive. It was founded in 1800 but lost many books by fire during a bombardment of the Capitol by British troops in 1814. These losses were to some extent made good by the purchase of Thomas Jefferson's library shortly thereafter. The library remained a strictly congressional library for many years, but, as the collections were notably enlarged by purchases and by additions under the copyright acts, the library became and remained--in effect, although not in law--the national library of the United States. The public has access to many of the collections.

 

Supreme Court of the United States

 

Final court of appeal and final expositor of the  U.S. Constitution. Within the framework of litigation, the Supreme Court marks the boundaries of authority between state and nation, state and state, and government and citizen.

The court was instituted by the  Constitution of 1787 as the head of a federal court system with the authority to act in cases arising under the Constitution, laws, or treaties of the United States; in controversies to which the United States is a party; in controversies between states or between citizens of different states; in cases of admiralty and maritime jurisdiction; and in cases affecting ambassadors, other public ministers, and consuls.

The size of the court is set by  Congress; it varied during the 19th century from 6 to 10 members before stabilizing in 1869 at 9. Appointments to the Supreme Court and to the lower federal courts are made by the president with the advice and consent of the Senate. Tenure is during good behaviour, subject to expulsion by conviction on impeachment. Only one justice has been impeached, Samuel  Chase, who was acquitted in 1805. In 1969 one, Abe  Fortas, was forced to resign, however, because of his outside financial dealings.

In maintaining the constitutional order, the Supreme Court from an early date has exercised the power of declaring acts of Congress or of the state legislatures unconstitutional. Such power of  judicial review, however, is not expressly conferred by the Constitution (see judicial review). Executive, administrative, and judicial actions are also subject to review by the Supreme Court. Relatively few cases are brought in the original jurisdiction of the court. The great bulk of the court's business comes to it in its appellate jurisdiction. Depending on the nature of the decision in the state or lower federal court, the route to the Supreme Court is by appeal or certiorari. The difference between the two is that an appeal obliges the court to review the case, whereas a review under certiorari is discretionary.

The development of this bifurcated jurisdiction reflects a response by Congress to a long struggle by the court to cope with the volume of cases annually docketed. In 1891 a measure of relief was afforded by the Circuit Court of Appeals Act, which set up intermediate courts with final authority over appeals from federal district courts, save in cases of exceptional public importance. The  Judge's Act (Feb. 13, 1925), sponsored by the court itself, carried the reforms further and greatly limited the obligatory jurisdiction, giving the court a large measure of control over its business by placing most classes of cases under certiorari.

Any assessment of the unifying forces in U.S. society must ascribe an important role to the Supreme Court. The chief technical instrument employed by the court has been the  commerce clause of the Constitution, applied to nullify state laws of taxation or regulation that discriminate against or unduly burden interstate commerce; the clause has also been used to uphold the power of Congress to regulate vast sectors of the economy.

While the commerce clause has been the chief doctrinal source of power over the economy, the  due process and equal  protection clauses have been the principal sources of protection of persons and corporations against arbitrary or repressive acts of government. These clauses were used at first to protect property rights, but by the 20th century they began to be applied to the area of civil liberties, particularly in the extension of Bill of Rights guarantees to state actions. By the mid-20th century the equal protection clause of the Fourteenth Amendment, which had been designed for the benefit of emancipated blacks, began to serve its historic purpose as a barrier to racially discriminatory laws.

The opinions of the court have often been the epitome of reasoned elaboration. In conjunction with its long tradition of dissent, it serves to clarify, refine, and test the philosophic ideals written into the Constitution and translate them into working principles for a federal union under law. Beyond its specific contributions, this symbolic and pragmatic function may be regarded as the most significant role of the court in the life of the nation.

 

Acheson, Patricia C. Our Federal Government: How It Works. Dodd, 4th ed., 1984.

Burns, James MacGregor and others. Government by the People. Prentice, 13th ed., 1987.

Prewitt, Kenneth and Verba, Sidney. An Introduction to American Government. Harper, 5th ed., 1986.

Prewitt, Kenneth and Verba, Sidney. USA Government. Harper, 6th ed., 1989.

The system of government in Great Britain (Система правительства в Великобритании)

            In theory, the constitution has three branches: Parliament, which makes laws, the government, which "executes" laws, i.e. puts them into effect, and the law courts, which interpret laws. Although the Queen is officially head of all three branches, she has little direct power.

            Parliament has two parts: the House of Commons and the House of Lords. Members of the House of Commons are elected by the voters of 650 constituencies. They are known as MPs, or Members of Parliament. The Prime Minister, or leader of the Government, also an MP, usually the leader of the political party with a majoity in the House of Commons.

            The Prime Minister is advised by a Cabinet of about twenty other ministers. The Cabinet includes the ministers in charge of major government departments or ministries. Departments and ministries are run by civil servants, who are permanent officials. Even if the Government changes after an election, the same civil servants are employed.

            The House of Lords consisits of the Lords Temporal and Lords Spiritual. The Lords Spiritual are the Archbishops of York and Canterbury, together with twenty-four senior bishops of the Church of England. The Lords Temporal consist of hereditary  peers who have inherited their titles; life peers who are appointed by the Queen on the advice of the Government for various services to the nation; and the Lords of Appeal (Law Lords) who become life peers on their judicial appointments. The latter serve the House of  Lords as the ultimate court of appeal. This appeal court consists of some nine Law Lords who hold senior judicial office. They are presided over by the Lord Chancellor and they form a quorum of three to five when they hear appear cases.

Система правительства в Великобритании 

             В теории, власть состоит из трёх ветвей: Парламент, который издает законы, правительство, которое "выполняет" законы, то есть доводить их до результата, и суды, которые толкуют законы. Несмотря на то, что Королева - официально глава всех трех ветвей власти, она обладает небольшой непосредственной властью.

             Парламент включает в себя две части: Палата общин и Палата лордов. Члены Палаты общин избраны избирателями 650 избирательных округов. Они известны как ЧЛЕНЫ ПАРЛАМЕНТА, или Члены Парламента. Премьер-министр, или лидер Правительства, также ЧЛЕН ПАРЛАМЕНТА, обычно лидер политической партии, составляющей большинство в Палате общин.

             Премьер-министр советуется с Кабинетом - приблизительно двадцать других министров. Кабинет включает министров, отвечающих за главные ведомства или министерства. Отделы и министерства управляются государственными служащими, которые - постоянные должностные лица. Даже если произойдут изменения в правительстве после выборов, те же самые государственные служащие остаются.

             Палата лордов состоит из Светской Палаты лордов  и Духовной Палаты лордов. Палата лордов Духовный  Архиепископы города Йорка и города Кентербери, вместе с двадцатью четырьмя старшими епископами Церкви Англии. Светская Палата лордов состоит из пожизненных пэров (равных по положению), которые унаследовали свои права; пожизненно, которые назначаются Королевой на совете Правительства за различные услуги оказанные нации; и Апелляционной Палата лордов (Юридическая Палата лордов) которые станут пожизненными пэрами(равными по положению) на их судебных должностях. Последняя обслуживает Палату лордов в качестве окончательного апелляционного суда. Этот апелляционный суд состоит из приблизительно девяти Законных Палат лордов, которые подчиняются высшей судебной конторе. Они председательствуют над Лордом Канцлером и они формируют кворум (правомочный состав) три - пятых когда они слушают появиться дела.

The Executive (Исполнительная власть в Великобритании)

            The executive can be divided into the three parts.

            The Privy Council: The privy Council developed from a small group of royal advisers at court into the chief source of executive authority. But its position was weakened in the eighteenth and nineteenth centuries as more of its functions were transferred to a developing parliamentary Cabinet.

            Today its main role is to advise the monarch on a range of matters, like the resolution of constitutional issues and the approval of Orders in Council, such as the granting of Royal Charters to public bodies. The most important task of the Privy Council today is performed by its Judicial Committee. This serves as the final court of appeal from those dependencies and Commonwealth countries which have retained this avenue of appeal. It may also be used as an arbiter for a wide range of courts and committees in Britain and overseas, and its ruling can be influential.

            The office of Privy Councilor is an honorary one, conferred, for example, on former Prime Ministers.

Исполнительная власть.

             Исполнительная власть может быть разделена на три части.

             Тайный Совет: тайный Совет развился из маленькой группы королевских советников в суде, является главным источником исполнительной власти. Но его положение было ослаблено в восемнадцатых и девятнадцатых столетиях, поскольку большее количество функций было передано развивающемуся парламентскому Кабинету.

             Сегодня главная роль в том что уведомить монарха относительно диапазона вопросов, подобно решению конституционных вопросов и одобрения распоряжений в Совете, как например предоставление Королевских лицензий общественным организациям. Наиболее важная задача Тайного Совета сегодня выполняется юридическими комиссиями. Он служит как окончательный апелляционный суд от тех зависимостей и Стран общего рынка, которые сохранили этот путь обжалования. ОН может также использоваться как арбитр для широкого диапазона судов и комиссий в Англии и за границей, и постановления могут быть влиятельны.

             Место Тайного Члена советника является почетным, он совещается, например, с прежними Премьер-министрами.

 

The Ministry: The Ministry is the government of the moment. The head of the Ministry is the Prime Minister. The functions  of the Prime Minister are: leading the majority party; running the Government; appointing Cabinet Ministers and other minister; representing the nation in political matters.

            Upon accepting office the Prime Minister must form a government, that is, select a cabinet and ministry from among the Members of Parliament of his own party. The Cabinet constitutes the centre of the government and is composed of about 20 of the most important ministers. All major decisions of the Government are made by the Cabinet, and therefore it is the Cabinet which forms Government policy. Decisions made by the Cabinet must be unanimous. It makes its decisions collectively and is collectively responsible to Parliament.

After the Prime Minister has formed his cabinet, he selects the rest of his ministry. Most of these ministers are the political heads of Government Departments and members of one of the Houses. 

 

             Министерства: Министерства – являются правительством на данный момент. Глава Министерства - Премьер-министр. Функции Премьер-министра: руководство партией большинства; управление Правительством; назначение ЧЛЕНОВ КАБИНЕТА МИНИСТРОВ и других министров; представление страны в политических вопросах.

             После принятия должности Премьер-министр должен формировать правительство, то есть выбрать кабинет и министерство из числа Членов Парламента его собственной партии. Кабинет составляет центр правительства и составлен из приблизительно  из 20 наиболее важных министров. Все главные решения Правительства принимаются Кабинетом, и поэтому он - Кабинет, формирует Правительственную политику. Решения, принятые Кабинетом должны быть единодушны. Они выносят решения все вместе и все вместе ответственны перед Парламентом.

После того, как Премьер-министр сформировал свой кабинет, он выбирает остальную часть для кабинета министров. Большинство из этих министров являются политические главы министерств правительства и членами одной из палат. 

 

Government Departments: Government departments are responsible for implementing Government policy. Each department is headed by two people: a political head who is usually the minister, and an administrative head from the Civil Service, called a permanent secretary. They responsible for a permanent staff which is part of the Civil Service. There are many such departments, for example the Home Office, the Department of Education, the Ministry of Defence, etc. The most important department is the Treasury, and the Prime Minister is usually its political head. It is Department which controls economy of the nation.

            As well the government departments there are government agencies formed to operate public services, e.g., the Postal Office, British Rail, etc. Most of these agencies are subject to control of the government departments.

 

Ведомства: Ведомства ответственны за осуществление Правительственной политики. Каждый отдел возглавляется двумя людьми: политический  руководитель, это - обычно министр, и административный начальник от гражданской службы, называемый постоянным секретарем. Они ответственны за постоянный штат, который является частью гражданской службы. Имеются много таких отделов, например Министерство внутренних дел, Департамент Образования, Министерства обороны, и т.д. Наиболее важное министерство - Казначейство, и Премьер-министр - обычно политический руководитель. Это - Отдел, который управляет экономикой нации.

             Наряду с департаментами правительства существуют правительственные органы, сформированные, чтобы осуществлять общественные обслуживания, например, Почтовая служба, Британская ЖД, и т.д. Большинство этих органов подчиненно управлению относительно ведомств.

The Amerikan system of goverment (Система Американского правительства)

The governmental system in the United States - federal, state, county, and local - are quite easy to understand, that is, if you grew up with them and studied them in school.

Правительственная система в Соединенных Штатах - федеральная, штаты, округа, и местная власть.  Это легко понять если ты вырос в США и изучал их в школе.

   One foreign expert complained, for example, that the complexity of just the cities political and governmental structure is ''almost unbelievable". Один иностранный эксперт пожаловался, например на то, что сложность только политической и правительственной структуры городов, " почти невероятная ".

   The ''real Chicago, he explained'', spreads over 2 states, 6 counties, 10 towns, 30 cities, 49 townships, and 110 villages. " Настоящий Чикаго, объяснил он", простирается более чем на 2 штата, 6 округов, 10 городов, 30 городов, 49 пригородов, и 110 деревень. 

   Overland upon this complex pattern are 235 tax districts and more than 400 school districts..." Поверх этой комплексной системы находятся 235 налоговых округов и больше чем 400 школьных районов ... "

There are, however, several basic principles which are found at all levels of American government. Имеются, однако, несколько основных принципов, которые находятся на всех уровнях Американского правительства.

   One of these is the ''one person, one vote'' principle which says that legislators are elected from geographical district directly by the voters. Одни из них - " один человек, один голос " принцип, который говорит, что законодатели избираются от географического района непосредственно избирателями.

   Under this principle, all election districts must have about the same number of residents. По этому принципу, все избирательные округа должны иметь приблизительно одно и тоже число  постоянное жителей (избирателей).

Another fundamental principle of American government is that because of the system of checks and balances, compromise in politics is a matter of necessity, not choice. Ещё одним базовым принципом Американского правительства является то, что существует система сдержек и противовесов, компромисс в политике является вопросом необходимости, а не выбора.

  For example, the House of Representatives controls spending and finance, so the President must have its agreement for his proposals and programmes. Например, Палата представителей управляет расходом средств и доходами, по этому, Президент должен иметь ее соглашение на свои предложения и программы.

  He cannot declare war, either, without the approval of Congress. Он также, не может объявлять войну, без одобрения Конгресса.

  In foreign affairs, he is also strongly limited. В иностранных делах, его строго ограничивают.

  Any treaty must first be approved by the Senate. Любое соглашение должно быть сначала одобрено Сенатом.

  If there is no approval, there is no treaty. Если не дается такое одобрение,то не заключается никакое соглашение.

  The rule is ''the President proposes, but Congress disposes''. Это Правило гласит - " Президент, предлагает,  Конгресс располагает ".

  What a President wants to do, therefore, is often a different thing from what a President is able to do.  По этому то что Президент хочет делать, часто является совсем не тем , что Президент может сделать.

 

The Constitution of the United StatesThe Constitution of the United States

Index

  Preamble 

  Article I 

    Section 1 

    Section 2 

    Section 3 

    Section 4 

    Section 5 

    Section 6 

    Section 7 

    Section 8 

    Section 9 

    Section 10 

  Article II 

    Section 1 

    Section 2 

    Section 3 

    Section 4 

  Article III 

    Section 1 

    Section 2 

    Section 3 

  Article IV 

    Section 1 

    Section 2 

    Section 3 

    Section 4 

  Article V 

  Article VI 

  Article VII 

  Bill of Rights 

  Amendment I 

  Amendment II 

  Amendment III 

  Amendment IV 

  Amendment V 

  Amendment VI 

  Amendment VII 

  Amendment VIII 

  Amendment IX 

  Amendment X 

  Amendment XI 

  Amendment XII 

  Amendment XIII 

  Amendment XIV 

    Section 1 

    Section 2 

    Section 3 

    Section 4 

    Section 5 

  Amendment XV 

  Amendment XVI 

  Amendment XVII 

  Amendment XVIII 

  Amendment XIX 

  Amendment XX 

    Section 1 

    Section 2 

    Section 3 

    Section 4 

    Section 5 

    Section 6 

  Amendment XXI 

  Amendment XXII 

  Amendment XXIII 

  Amendment XXIV 

  Amendment XXV 

    Section 1 

    Section 2 

    Section 3 

    Section 4 

  Amendment XXVI 

  Amendment XXVII 

PREAMBLE

  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 the blessings of liberty to 

  ourselves and our posterity, do ordain and establish this Constitution for the 

  United States of America.

ARTICLE I

  Section 1. Legislative powers; in whom vested 

All legislative powers herein granted shall be vested in a Congress of the 

United States, which shall consist of a Senate and House of Representatives. 

  Section 2. House of Representatives, how and by whom chosen Qualifications of 

  a Representative. Representatives and direct taxes, how apportioned. 

  Enumeration. Vacancies to be filled. Power of choosing officers, and of 

  impeachment. 

  1. The House of Representatives shall be composed of members chosen every 

  second year by the people of the several States, and the elector in each State 

  shall have the qualifications requisite for electors of the most numerous 

  branch of the State Legislature. 

  2. No person shall be a Representative who shall not have attained 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. 

  3. Representatives [and direct taxes] Altered by 16th Amendment 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 

  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.] 

  Altered by 14th Amendment 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. 

  4. When vacancies happen in the representation from any State, the Executive 

  Authority thereof shall issue writs of election to fill such vacancies. 

  5. The House of Representatives shall choose their Speaker and other officers; 

  and shall have the sole power of impeachment. 

  Section 3. Senators, how and by whom chosen. How classified. State Executive, 

  when to make temporary appointments, in case, etc. Qualifications of a 

  Senator. President of the Senate, his right to vote. President pro tem., and 

  other officers of the Senate, how chosen. Power to try impeachments. When 

  President is tried, Chief Justice to preside. Sentence. 

  1. The Senate of the United States shall be composed of two Senators from each 

  State, [chosen by the Legislature thereof,] Altered by 17th Amendment for six 

  years; and each Senator shall have one vote. 

  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.] Altered by 17th Amendment 

  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. 

  4. The Vice-President of the United States shall be President of the Senate, 

  but shall have no vote, unless they be equally divided. 

  5. The Senate shall choose their other officers, and also a President pro 

  tempore, in the absence of the Vice President, or when he shall exercise the 

  office of the President of the United States. 

  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. 

  7. Judgement 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, judgement and 

  punishment, according to law. 

  Section 4. Times, etc., of holding elections, how prescribed. One session in 

  each year. 

  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. 

  2. The Congress shall assemble at least once in every year, and such meeting 

  shall be [on the first Monday in December,] Altered by 20th Amendment unless 

  they by law appoint a different day. 

  Section 5. Membership, Quorum, Adjournments, Rules, Power to punish or expel. 

  Journal. Time of adjournments, how limited, etc. 

  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. 

  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. 

  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 judgement 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. 

  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 6. Compensation, Privileges, Disqualification in certain cases. 

  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. 

  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 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 7. House to originate all revenue bills. Veto. Bill may be passed by 

  two-thirds of each House, notwithstanding, etc. Bill, not returned in ten days 

  to become a law. Provisions as to orders, concurrent resolutions, etc. 

  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. 

  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. 

  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 re-passed by two-thirds of the Senate and House 

  of Representatives, according to the rules and limitations prescribed in the 

  case of a bill. 

  Section 8. Powers of Congress 

  The Congress shall have the power 

  1. to lay and collect taxes, duties, imposts and excises, to pay the debts and 

  provide for the common defence and general welfare of the United States; but 

  all duties, imposts and excises shall be uniform throughout the United States: 

  2. To borrow money on the credit of the United States: 

  3. To regulate commerce with foreign nations, and among the several states, 

  and with the Indian tribes: 

  4. To establish an uniform rule of naturalization, and uniform laws on the 

  subject of bankruptcies throughout the United States: 

  5. To coin money, regulate the value thereof, and of foreign coin, and fix the 

  standard of weights and measures: 

  6. To provide for the punishment of counterfeiting the securities and current 

  coin of the United States: 

  7. To establish post-offices and post-roads: 

  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: 

  9. To constitute tribunals inferior to the supreme court: 

  10. To define and punish piracies and felonies committed on the high seas, and 

  offences against the law of nations: 

  11. To declare war, grant letters of marque and reprisal, and make rules 

  concerning captures on land and water: 

  12. To raise and support armies, but no appropriation of money to that use 

  shall be for a longer term than two years: 

  13. To provide and maintain a navy: 

  14. To make rules for the government and regulation of the land and naval 

  forces: 

  15. To provide for calling forth the militia to execute the laws of the union, 

  suppress insurrections and repel invasions: 

  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: 

  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, 

  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 States, or in any department or 

  officer thereof. 

  Section 9. Provision as to migration or importation of certain persons. Habeas 

  Corpus, Bills of attainder, etc. Taxes, how apportioned. No export duty. No 

  commercial preference. Money, how drawn from Treasury, etc. No titular 

  nobility. Officers not top receive presents, etc. 

  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 1808, but a tax or duty may be imposed on such importations, 

  not exceeding 10 dollars for each person. 

  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. 

  3. No bill of attainder or ex post facto law shall be passed. 

  4. [No capitation, or other direct tax shall be laid unless in proportion to 

  the census or enumeration herein before directed to be taken.] Altered by 16th 

  Amendment 

  5. No tax or duty shall be laid on articles exported from any state. 

  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. 

  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. 

  8. No title of nobility shall be granted by the United States: And no person 

  holding any office or 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 10. States prohibited from the exercise of certain powers. 

  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. 

  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 States; and all such laws shall be subject to the revision and 

  control of the Congress. 

  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 a war, 

  unless actually invaded, or in such imminent danger as will not admit of 

  delay. 

ARTICLE II

  Section 1. President: his term of office. Electors of President; number and 

  how appointed. Electors to vote on same day. Qualification of President. On 

  whom his duties devolve in case of his removal, death, etc. President's 

  compensation. His oath of office. 

  1. The Executive power shall be vested in a President of the United States of 

  America. He shall hold office during the term of four years, and together with 

  the Vice President, chosen for the same term, be elected as follows 

  2. [Each State] Altered by 23rd Amendment shall appoint, in such manner as the 

  Legislature 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 [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 each; 

  which list they shall sign and certify, and transmit sealed to the seat of 

  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.] Altered by 12th Amendment 

  3. 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. 

  4. 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. 

  5. [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.] Altered by 25th Amendment 

  6. 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. 

  7. 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 the President of the United States, and will to the best of my ability, 

    preserve, protect and defend the Constitution of the United States." 

  Section 2. President to be Commander-in-Chief. He may require opinions of 

  cabinet officers, etc., may pardon. Treaty-making power. Nomination of certain 

  officers. When President may fill vacancies. 

  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 against the United 

  States, except in cases of impeachment. 

  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. 

  3. The President shall have the 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 3. President shall communicate to Congress. He may convene and adjourn 

  Congress, in case of disagreement, etc. Shall receive ambassadors, execute 

  laws, and commission officers. 

  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 may 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 4. All civil offices forfeited for certain crimes. 

  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

  Section 1. Judicial powers. Tenure. Compensation. 

  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 behaviour, and shall, at stated times, receive for 

  their services a compensation, which shall not be diminished during their 

  continuance in office. 

  Section 2. Judicial power; to what cases it extends. Original jurisdiction of 

  Supreme Court Appellate. Trial by Jury, etc. Trial, where 

  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.] 

  Altered by 11th Amendment 

  2. In all cases affecting ambassadors, other public ministers and consuls, and 

  those in which a state shall be a 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. 

  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 3. Treason defined. Proof of. Punishment 

  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. 

  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 1. Each State to give credit to the public acts, etc. of every other 

  State. 

  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 2. Privileges of citizens of each State. Fugitives from Justice to be 

  delivered up. Persons held to service having escaped, to be delivered up. 

    1. The citizens of each state shall be entitled to all privileges and 

    immunities of citizens in the several states. See the 14th Amendment 

    2. A person charged in any state with treason, felony, or other crime, who 

    shall flee 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. 

    3. [No person held to service or labour 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 labour, but shall be 

    delivered up on claim of the party to whom such service or labour may be 

    due.] Altered by 13th Amendment 

    Section 3. Admission of new States. Power of Congress over territory and 

    other property. 

    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, without the 

    consent of the legislatures of the states concerned, as well as of the 

    Congress. 

    2. The Congress shall have power to dispose of and make all needful rules 

    and regulations respecting the territory or other property belonging to the 

    United States; and nothing in this constitution shall be so construed as to 

    prejudice any claims of the United States, or of any particular state. 

    Section 4. Republican form of government guaranteed. Each State to be 

    protected. 

    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 

    cannot be convened), against domestic violence. 

  ARTICLE V

    Amendments 

    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 1808, 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

    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. 

    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. 

    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

    The ratification of the conventions of nine states, shall be sufficient for 

    the establishment of this constitution between the states so ratifying the 

    same. 

  AMENDMENTS

  The Ten Original Amendments: The Bill of Rights. Proposed by Congress 

  September 25, 1789. Ratified December 15, 1791.

  Bill of Rights 

  AMENDMENT 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. 

  AMENDMENT 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. 

  AMENDMENT 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. 

  AMENDMENT 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. 

  AMENDMENT 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. 

  AMENDMENT 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. 

  AMENDMENT VII

    In suits at common law, where the value in controversy shall exceed twenty 

    dollars, the right of trial by jury shall be preserved, and no fact tried by 

    a jury shall be otherwise reexamined in any court of the United States, than 

    according to the rules of the common law. 

  AMENDMENT VIII

    Excessive bail shall not be required, nor excessive fines imposed, nor cruel 

    and unusual punishments inflicted. 

  AMENDMENT IX

    The enumeration in the Constitution, of certain rights, shall not be 

    construed to deny or disparage others retained by the people. 

  AMENDMENT 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. 

  End of the Bill of Rights 

  AMENDMENT XI

  (Proposed by Congress March 4, 1794. Ratified February 7, 1795.) 

    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. 

  AMENDMENT XII

  (Proposed by Congress December 9, 1803. Ratified July 27, 1804.) 

    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 of the number of votes for each, 

    which lists they shall sign and certify, and transmit sealed to the seat of 

    the Government of the United States, directed to the President of the 

    Senate; the President of the Senate shall, in the presence of the Senate and 

    House of Representatives, open all the certificates and the votes shall then 

    be counted; The person having the greatest number of votes for President, 

    shall be the President, if such number be a majority of the whole number of 

    Electors appointed; and if no person have such majority, then from the 

    persons having the highest numbers not exceeding three on the list of those 

    voted for as President, the House of Representatives shall choose 

    immediately, by ballot, the President. But in choosing the President, the 

    votes shall be taken by States, the 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,] Altered by 20th Amendment then the 

    Vice-President shall act as President, as in case of the death or other 

    constitutional disability of the President. The person having the greatest 

    number of votes as Vice-President, shall be the Vice-President, if such 

    numbers be a majority of the whole number of electors appointed, and if no 

    person have a majority, then from the two highest numbers on the list, the 

    Senate shall choose the Vice-President; a quorum for the purpose shall 

    consist of two-thirds of the whole number of Senators, and a majority of the 

    whole number shall be necessary to a choice. But no person constitutionally 

    ineligible to the office of President shall be eligible to that of 

    Vice-President of the United States. 

  AMENDMENT XIII

  (Proposed by Congress January 31, 1865. Ratified December 6, 1865.) 

    Section 1. 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. 

  AMENDMENT XIV

  (Proposed by Congress June 13, 1866. Ratified July 9, 1868) 

    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 to 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 be held illegal and void.

    Section 5. The Congress shall have the power to enforce, by appropriate 

    legislation, the provisions of this article.

  AMENDMENT XV

  (Proposed by Congress February 26, 1869. Ratified February 3, 1870.) 

    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 the power to enforce this article by 

    appropriate legislation. 

  AMENDMENT XVI

  (Proposed by Congress July 2, 1909. Ratified February 3, 1913.) 

    The Congress shall have power to lay and collect taxes on incomes, from 

    whatever sources derived, without apportionment among the several States, 

    and without regard to any census or enumeration. 

  AMENDMENT XVII

  (Proposed by Congress May 13, 1912. Ratified April 8, 1913.) 

    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. 

  AMENDMENT XVIII

  (Proposed by Congress December 18, 1917. Ratified January 16, 1919. Altered by 

  Amendment 21) 

    After one year from the ratification of this article the manufacture, sale, 

    or transportation of intoxicating liquors within, the importation thereof 

    into, or the exportation thereof from the United States and all territory 

    subject to the jurisdiction thereof for beverage purposes is hereby 

    prohibited.

    The Congress and the several States shall have concurrent power to enforce 

    this article by appropriate legislation.

    This article shall be inoperative unless it shall have been ratified as an 

    amendment to the Constitution by the Legislatures of the several States, as 

    provided in the Constitution, within seven years from the date of the 

    submission hereof to the States by the Congress.

  AMENDMENT XIX

  (Proposed by Congress June 4, 1919. Ratified August 18, 1920.) 

    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 sex. Congress 

    shall have power to enforce this article by appropriate legislation. 

  AMENDMENT XX

    Section 1. The terms of the President and the Vice-President shall end at 

    noon on the 20th day of January, and the terms of Senators and 

    Representatives at noon on the 3rd day of January, of the years in which 

    such terms would have ended if this article had not been ratified; and the 

    terms of their successors shall then begin.

    Section 2. The Congress shall assemble at least once in every year, and such 

    meeting shall begin at noon on the 3rd day of January, unless they shall by 

    law appoint a different day.

    Section 3. If, at the time fixed for the beginning of the term of the 

    President, the President elect shall have died, the Vice-President elect 

    shall become President. If a President shall not have been chosen before the 

    time fixed for the beginning of his term, or if the President elect shall 

    have failed to qualify, then the Vice-President elect shall act as President 

    until a President shall have qualified; and the Congress may by law provide 

    for the case wherein neither a President elect nor a Vice-President shall 

    have qualified, declaring who shall then act as President, or the manner in 

    which one who is to act shall be selected, and such person shall act 

    accordingly until a President or Vice-President shall have qualified.

    Section 4. The Congress may by law provide for the case of the death of any 

    of the persons from whom the House of representatives may choose a President 

    whenever the right of choice shall have devolved upon them, and for the case 

    of the death of any of the persons from whom the Senate may choose a 

    Vice-President whenever the right of choice shall have devolved upon them.

    Section 5. Sections 1 and 2 shall take effect on the 15th day of October 

    following the ratification of this article (October 1933).

    Section 6. This article shall be inoperative unless it shall have been 

    ratified as an amendment to the Constitution by the Legislatures of 

    three-fourths of the several States within seven years from the date of its 

    submission.

  AMENDMENT XXI

  (Proposed by Congress February 20, 1933. Ratified December 5, 1933.) 

    Section 1. The Eighteenth article of amendment to the Constitution of the 

    United States is hereby repealed.

    Section 2. The transportation or importation into any State, Territory, or 

    Possession of the United States for delivery or use therein of intoxicating 

    liquors, in violation of the laws thereof, is hereby prohibited.

    Section 3. This article shall be inoperative unless it shall have been 

    ratified as an amendment to the Constitution by conventions in the several 

    States, as provided in the Constitution, within seven years from the date of 

    the submission hereof to the States by the Congress.

  AMENDMENT XXII

  (Proposed by Congress March 21, 1947. Ratified February 27, 1951.) 

    No person shall be elected to the office of the President more than twice, 

    and no person who has held the office of President, or acted as President, 

    for more that two years of a term to which some other person was elected 

    President shall be elected to the office of President more that once.

    But this Article shall not apply to any person holding the office of 

    President when this Article was proposed by Congress, and shall not prevent 

    any person who may be holding the office of President, or acting as 

    President, during the term the term within which this Article becomes 

    operative from holding the office of President or acting as President during 

    the remainder of such term.

    This article shall be inoperative unless it shall have been ratified as an 

    amendment to the Constitution by the Legislatures of three-fourths of the 

    several States within seven years from the date of its submission to the 

    States by the Congress.

  AMENDMENT XXIII

  (Proposed by Congress June 16, 1960. Ratified March 29, 1961.) 

    Section 1. The District constituting the seat of Government of the United 

    States shall appoint in such manner as Congress may direct:

    A number of electors of President and Vice President equal to the whole 

    number of Senators and Representatives in Congress to which the District 

    would be entitled if it were a State, but in no event more than the least 

    populous State; they shall be in addition to those appointed by the States, 

    but they shall be considered, for the purposes of the election of President 

    and Vice President, to be electors appointed by a State; and they shall meet 

    in the District and preform such duties as provided by the twelfth article 

    of amendment.

    Section 2. The Congress shall have power to enforce this article by 

    appropriate legislation. 

  AMENDMENT XXIV

  (Proposed by Congress August 27, 1962. Ratified January 23, 1964.) 

    Section 1. The right of citizens of the United States to vote in any primary 

    or other election for President or Vice President, for electors for 

    President or Vice President, or for Senator or Representative in Congress, 

    shall not be denied or abridged by the United States or any State by reason 

    of failure to pay poll tax or any other tax.

    Section 2. Congress shall have power to enforce this article by appropriate 

    legislation. 

  AMENDMENT XXV

  (Proposed by Congress July 6, 1965. Ratified February 10, 1967.) 

    Section 1. In case of the removal of the President from office or of his 

    death or resignation, the Vice President shall become President.

    Section 2. Whenever there is a vacancy in the office of the Vice President, 

    the President shall nominate a Vice President who shall take the office upon 

    confirmation by a majority vote of both houses of Congress.

    Section 3. Whenever the President transmits to the President Pro tempore of 

    the Senate and the Speaker of the House of Representatives his written 

    declaration that he is unable to discharge the powers and duties of his 

    office, and until he transmits to them a written declaration to the 

    contrary, such powers and duties shall be discharged by the Vice President 

    as Acting President.

    Section 4. Whenever the Vice President and a majority of either the 

    principal officers of the executive departments or of such other body as 

    Congress may by law provide, transmits to the President Pro tempore of the 

    Senate and the Speaker of the House of Representatives their written 

    declaration that the President is unable to discharge the powers and duties 

    of his office, the Vice President shall immediately assume the powers and 

    duties of the office as Acting President.

    Thereafter, when the President transmits to the President Pro tempore of the 

    Senate and the Speaker of the House of Representatives his written 

    declaration that no inability exists, he shall resume the powers and duties 

    of his office unless the Vice President and a majority of either the 

    principal officers of the executive departments or of such other body as 

    Congress may by law provide, transmits within four days to the President Pro 

    tempore of the Senate and the Speaker of the House of Representatives their 

    written declaration that the President is unable to discharge the powers and 

    duties of his office. Thereupon Congress shall decide the issue, assembling 

    within forty-eight hours for that purpose if not in session. If the 

    Congress, within twenty-one days after receipt of the latter written 

    declaration, or, if Congress is not in session within twenty-one days after 

    Congress is required to assemble, determines by two-thirds vote of both 

    houses that the President is unable to discharge the powers and duties of 

    his office, the Vice President shall continue to discharge the same as 

    Acting President; otherwise, the President shall resume the powers and 

    duties of his office. 

  AMENDMENT XXVI

  (Proposed by Congress March 23, 1971. Ratified June 30, 1971.) 

    Section 1. The right of citizens of the United States, who are 18 years of 

    age or older, to vote shall not be denied or abridged by the United States 

    or any state on account of age.

    Section 2. The Congress shall have power to enforce this article by 

    appropriate legislation. 

  AMENDMENT XXVII

  (Proposed by Congress September 25, 1789. Ratified May 8, 1992) 

    No law, varying the compensation for the services of the Senators and 

    Representatives, shall take effect, until an election of Representaties 

    shall have intervened.

 

 

THE CONSTITUTION OF JAPAN [Конституция Японии]

________________________________________________________________________

November 3, 1946

PREFACE

We, the Japanese people, acting through our duly elected representatives in the National Diet, determined that we shall secure for ourselves and our posterity the fruits of peaceful cooperation with all nations and the blessings of liberty throughout this land, and resolved that never again shall we be visited with the horrors of war through the action of government, do proclaim that sovereign power resides with the people and do firmly establish this Constitution. Government is a sacred trust of the people, the authority for which is derived from the people, the powers of which are exercised by the representatives of the people, and the benefits of which are enjoyed by the people. This is a universal principle of mankind upon which this Constitution is founded. We reject and revoke all constitutions, laws ordinances, and rescripts in conflict herewith. We, the Japanese people, desire peace for all time and are deeply conscious of the high ideals controlling human relationship and we have determined to preserve our security and existence, trusting in the justice and faith of the peace-loving peoples of the world. We desire to occupy an honored place in an international society striving for the preservation of peace, and the banishment of tyranny and slavery, oppression and intolerance for all time from the earth. We recognize that all peoples of the world have the right to live in peace, free from fear and want. We believe that no nation is responsible to itself alone, but that laws of political morality are universal; and that obedience to such laws is incumbent upon all nations who would sustain their own sovereignty and justify their sovereign relationship with other nations. We, the Japanese people, pledge our national honor to accomplish these high ideals and purposes with all our resources.

 

CHAPTER I: THE EMPEROR

Article 1:

The Emperor shall be the symbol of the State and the unity of the people, deriving his position from the will of the people with whom resides sovereign power.

Article 2:

The Imperial Throne shall be dynastic and succeeded to in accordance with the Imperial House Law passed by the Diet.

Article 3:

The advice and approval of the Emperor in matters of state, and the Cabinet shall be responsible therefor.

Article 4:

The Emperor shall perform only such acts in matters of state as are provided for in this Constitution and he shall not have powers related to government. 2) The Emperor may delegate the performance of his acts in matters of state as may be provided for by law.

Article 5:

When, in accordance with the Imperial House Law, a Regency is established, the Regent shall perform his acts in matters of state in the Emperor's name. In this case, paragraph one of the preceding Article will be applicable.

Article 6:

The Emperor shall appoint the Prime Minister as designated by the Emperor shall appoint the Chief Judge of the Supreme Court as designated by the Cabinet.

Article 7:

The Emperor shall, with the advice and approval of the Cabinet, perform the following acts in matters of state on behalf of the people: (1) Promulgation of amendments of the constitution, laws, cabinet orders and treaties. (2) Convocation of the Diet. (3) Dissolution of the House of Representatives. (4) Proclamation of general election of members of the Diet. (5) Attestation of the appointment and dismissal of Ministers of State and other officials as provided for by law, and of full powers and credentials of Ambassadors and Ministers. (6) Attestation of general and special amnesty, commutation of punishment, reprieve, and restoration of rights. (7) Awarding of honors. (8) Attestation of instruments of ratification and other diplomatic documents as provided for by law. (9) Receiving foreign ambassadors and ministers. (10) Performance of ceremonial functions.

Article 8:

No property can be given to, or received by, the Imperial House, nor can any gifts be made therefrom, without the authorization of the Diet.

CHAPTER II: RENUNCIATION OF WAR

Article 9:

Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes. 2) In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.

CHAPTER III: RIGHTS AND DUTIES OF THE PEOPLE

Article 10:

The conditions necessary for being a Japanese national shall be determined by law.

Article 11:

The people shall not be prevented from enjoying any of the fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights.

Article 12:

The freedoms and rights guaranteed to the people by this Constitution shall be maintained by the constant endeavor of the people, who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.

Article 13:

All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.

Article 14:

All of the people are equal under the law and there shall be no discrimination in political, economic or social relations because of race, creed, sex, social status or family origin. 2) Peers and peerage shall not be recognized. 3) No privilege shall accompany any award of honor, decoration or any distinction, nor shall any such award be valid beyond the lifetime of the individual who now holds or hereafter may receive it.

Article 15:

The people have the inalienable right to choose their public officials and to dismiss them. 2) All public officials are servants of the whole community and not of any group thereof. 3) Universal adult suffrage is guaranteed with regard to the election of public officials. 4) In all elections, secrecy of the ballot shall not be violated. A voter shall not be answerable, publicly or privately, for the choice he has made.

Article 16:

Every person shall have the right of peaceful petition for the redress of damage, for the removal of public officials, for the enactment, repeal or amendment of laws, ordinances or regulations and for other matters; nor shall any person be in any way discriminated against for sponsoring such a petition.

Article 17:

Every person may sue for redress as provided by law from the State or a public entity, in case he has suffered damage through illegal act of any public official.

Article 18:

No person shall be held in bondage of any kind. Involuntary servitude, except as punishment for crime, is prohibited.

Article 19:

Freedom of thought and conscience shall not be violated.

Article 20:

Freedom of religion is guaranteed to all. No religious organization shall receive any privileges from the State, nor exercise any political authority. 2) No person shall be compelled to take part in any religious acts, celebration, rite or practice. 3) The State and its organs shall refrain from religious education or any other religious activity.

Article 21:

Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed. 2) No censorship shall be maintained, nor shall the secrecy of any means of communication be violated.

Article 22:

Every person shall have freedom to choose and change his residence and to choose his occupation to the extent that it does not interfere with the public welfare. 2) Freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate.

Article 23:

Academic freedom is guaranteed.

Article 24:

Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis. 2) With regard to choice of spouse, property rights, inheritance, choice of domicile, divorce and other matters pertaining to marriage and the family, laws shall be enacted from the standpoint of individual dignity and the essential equality of the sexes.

Article 25:

All people shall have the right to maintain the minimum standards of wholesome and cultured living. 2) In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.

Article 26:

All people shall have the right to receive an equal education correspondent to their ability, as provided for by law. 2) All people shall be obligated to have all boys and girls under their protection receive ordinary education as provided for by law. Such compulsory education shall be free.

Article 27:

All people shall have the right and the obligation to work. 2) Standards for wages, hours, rest and other working conditions shall be fixed by law. 3) Children shall not be exploited.

Article 28:

The right of workers to organize and to bargain and act collectively is guaranteed.

Article 29:

The right to own or to hold property is inviolable. 2) Property rights shall be defined by law, in conformity with the public welfare. 3) Private property may be taken for public use upon just compensation therefor.

Article 30:

The people shall be liable to taxation as provided for by law.

Article 31:

No person shall be deprived of life or liberty, nor shall any other criminal penalty be imposed, except according to procedure established by law.

Article 32:

No person shall be denied the right of access to the courts.

Article 33:

No person shall be apprehended except upon warrant issued by a competent judicial officer which specifies the offense with which the person is charged, unless he is apprehended, the offense being committed.

Article 34:

No person shall be arrested or detained without being at once infomed of the charges against him or without the immediate privilege of counsel; nor shall he be detained without adequate cause; and upon demand of any person such cause must be immediately shown in open court in his presence and the presence of his counsel.

Article 35:

The right of all persons to be secure in their homes, papers and effects against entries, searches and seizures shall not be impaired except upon warrant issued for adequate cause and particularly describing the place to be searched and things to be seized, or except as provided by Article 33. 2) Each search or seizure shall be made upon separate warrant issued by a competent judicial officer.

Article 36:

The infliction of torture by any public officer and cruel punishments are absolutely forbidden.

Article 37:

In all criminal cases the accused shall enjoy the right to a speedy and public trial by an impartial tribunal. 2) He shall be permitted full opportunity to examine all witnesses, and he shall have the right of compulsory process for obtaining witnesses on his behalf at public expense. 3) At all times the accused shall have the assistance of competent counsel who shall, if the accused is unable to secure the same by his own efforts, be assigned to his use by the State.

Article 38:

No person shall be compelled to testify against himself. 2) Confession made under compulsion, torture or threat, or after prolonged arrest or detention shall not be admitted in evidence. 3) No person shall be convicted or punished in cases where the only proof against him is his own confession.

Article 39:

No person shall be held criminally liable for an act which was lawful at the time it was committed, or of which he had been acquitted, nor shall he be placed in double jeopardy.

Article 40:

Any person may, in case he is acquitted after he has been arrested or detained, sue the State for redress as provided for by law.

CHAPTER IV: THE DIET

Article 41:

The Diet shall be the highest organ of the state power, and shall be the sole law-making organ of the State.

Article 42:

The Diet shall consist of two Houses, namely the House of Representatives and the House of Councillors.

Article 43:

Both Houses shall consist of elected members, representative of all the people. 2) The number of the members of each House shall be fixed by law.

Article 44:

The qualifications of members of both Houses and their electors shall be fixed by law. However, there shall be no discrimination because of race, creed, sex, social status, family origin, education, property or income.

Article 45:

The term of office of members of the House of Representatives shall be four years. However, the term shall be terminated before the full term is up in case the House of Representatives is dissolved.

Article 46:

The term of office of members of the House of Councillors shall be six years, and election for half the members shall take place every three years.

Article 47:

Electoral districts, method of voting and other matters pertaining to the method of election of members of both Houses shall be fixed by law.

Article 48:

No person shall be permitted to be a member of both Houses simultaneously.

Article 49:

Members of both Houses shall receive appropriate annual payment from the national treasury in accordance with law.

Article 50:

Except in cases as provided for by law, members of both Houses shall be exempt from apprehension while the Diet is in session, and any members apprehended before the opening of the session shall be freed during the term of the session upon demand of the House.

Article 51:

Members of both Houses shall not be held liable outside the House for speeches, debates or votes cast inside the House.

Article 52:

An ordinary session of the Diet shall be convoked once per year.

Article 53:

The Cabinet may determine to convoke extraordinary sessions of the Diet. When a quarter or more of the total members of either House makes the demand, the Cabinet must determine on such convocation.

Article 54:

When the House of Representatives is dissolved, there must be a general election of members of the House of Representatives within forty(40) days from the date of dissolution, and the Diet must be convoked within thirty(30) days from the date of the election. 2) When the House of Representatives is dissolved, the House of Councillors is closed at the same time. However, the Cabinet may, in time of national emergency, convoke the House of Councillors in emergency session. 3) Measures taken at such session as mentioned in the proviso of the preceding paragraph shall be provisional and shall become null and void unless agreed to by the House of Representatives within a period of ten(10) days after the opening of the next session of the Diet.

Article 55:

Each House shall judge disputes related to qualifications of its members. However, in order to deny a seat to any member, it is necessary to pass a resolution by a majority of two-thirds or more of the members present.

Article 56:

Business cannot be transacted in either House unless one-third or more of total membership is present. 2) All matters shall be decided, in each House, by a majority of those present, except as elsewhere provided for in the Constitution, and in case of a tie, the presiding officer shall decide the issue.

Article 57:

Deliberation in each House shall be public. However, a secret meeting may be held where a majority of two-thirds or more of those members present passes a resolution therefor. 2) Each House shall keep a record of proceedings. This record shall be published and given general circulation, excepting such parts of proceedings of secret session as may be deemed to require secrecy. 3) Upon demand of one-fifth or more of the members present, votes of the members on any matter shall be recorded in the minutes.

Article 58:

Each House shall select its own president and other officials. 2) Each House shall establish its rules pertaining to meetings, proceedings and internal discipline, and may punish members for disorderly conduct. However, in order to expel a member, a majority of two-thirds or more of those members present must pass a resolution thereon.

Article 59:

A bill becomes a law on passage by both Houses, except as otherwise provided for by the Constitution. 2) A bill, which is passed by the House of Representatives, and upon which the House of Councillors makes a decision different from that of the House of Representatives, becomes a law when passed a second time by the House of Representatives by a majority of two-thirds or more of the members present. 3) The provision of the preceding paragraph does not preclude the House of Representatives from calling for the meeting of a joint committee of both Houses, provided for by law. 4) Failure by the House of Councillors to take final action within sixty(60) days after receipt of a bill passed by the House of Representatives, time in recess excepted, may be determined by the House of Representatives to constitute a rejection of the said bill by the House of Councillors.

Article 60:

The budget must first be submitted to the House of Representatives. 2) Upon consideration of the budget, when the House of Councillors makes a decision different from that of the House of Representatives, and when no agreement can be reached even through a joint committee of both Houses, provided for by law, or in the case of failure by the House of Councillors to take final action within thirty(30) days, the period of recess excluded, after the receipt of the budget passed by the House of Representatives, the decision of the House of Representatives shall be the decision of the Diet.

Article 61:

The second paragraph of the preceding Article applies also the the Diet approval required for the conclusion of treaties.

Article 62:

Each House may conduct investigations in relation to government, and may demand the presence and testimony of witnesses, and the production of records.

Article 63:

The Prime Minister and other Ministers of State may, at any time, appear in either House for the purpose of speaking on bills, regardless of whether they are members of the House or not. They must appear when their presence is required in order to give answers or explanations.

Article 64:

The Diet shall set up an impeachment court from among the members of both Houses for the purposes of trying those judges against whom removal proceedings have been instituted. 2) Matters relating to impeachment shall be provided for by law.

CHAPTER V: THE CABINET

Article 65:

Executive power shall be vested in the Cabinet.

Article 66:

The Cabinet shall consist of the Prime Minister, who shall be its head, and other Ministers of State, as provided for by law. 2) The Prime Minister and other Ministers of State must be civilians. 3) The Cabinet shall, in the exercise of executive power, be collectively responsible to the Diet.

Article 67:

The Prime Minister shall be designated from among the members of the Diet by a resolution of the Diet. This designation shall precede all other business. 2) If the House of Representatives and the House of Councillors disagree and if no agreement can be reached even through a joint committee of both Houses, provided for by law, or the House of Councillors fails to make designation within ten(10) days, exclusive of the period of recess, after the House of Representatives has made designation, the decision of the House of Representatives shall be the decision of the Diet.

Article 68:

The Prime Minister shall appoint the Ministers of State. However, a majority of their number must be chosen from among the members of the Diet. 2) The Prime Minister may remove the Ministers of State as he chooses.

Article 69:

If the House of Representatives passes a non-confidence resolution, or rejects a confidence resolution, the Cabinet shall resign en masse, unless the House of Representatives is dissolved within ten(10) days.

Article 70:

When there is a vacancy in the post of Prime Minister, or upon the first convocation of the Diet after a general election of members of the House of Representatives, the Cabinet shall resign en masse.

Article 71:

In the cases mentioned in the two preceding Articles, the Cabinet shall continue its functions until the time when a new Prime Minister is appointed.

Article 72:

The Prime Minister, representing the Cabinet, submits bills, reports on general national affairs and foreign relations to the Diet and exercises control and supervision over various administrative branches.

Article 73:

The Cabinet shall, in addition to other general administrative functions, perform the following functions: (1) Administer the law faithfully; conduct affairs of state. (2) Manage foreign affairs. (3) Conclude treaties. However, it shall obtain prior or, depending on circumstances sudsequent approval of the Diet. (4) Administer the civil service, in accordance with standards established by law. (5) Prepare the budget, and present it to the cabinet orders in order to execute the provisions of this Constitution and of the law. However, it cannot include penal provisions in such cabinet orders unless authorized by such law. (7) Decide on general amnesty, special amnesty, commutation of punishment, reprieve, and restoration of rights.

Article 74:

All laws and cabinet orders shall be signed by the competent Minister of State and countersigned by the Prime Minister.

Article 75:

The Ministers of State shall not, during their tenure of office, be subject to legal action without the consent of the Prime Minister. However, the right to take that action is not impaired hereby.

CHAPTER VI: JUDICIARY

Article 76:

The whole judicial power is vested in a Supreme Court and in such inferior courts as are established by law. 2) No extraordinary tribunal shall be established, nor shall any organ or agency of the Executive be given final judicial power. 3) All judges shall be independent in the exercise of their conscience and shall be bound only by this Constitution and the laws.

Article 77:

The Supreme Court is vested with the rule-making power under which it determines the rules of procedure and of practice, and of matters relating to attorneys, the internal discipline of the courts and the administration of judicial affairs. 2) Public procurators shall be subject to the rule-making power of the Supreme Court. 3) The Supreme Court may delegate the power to make rules for inferior courts to such courts.

Article 78:

Judges shall not be removed except by public impeachment unless judicially declared mentally or physically incompetent to perform official duties. No disciplinary action against judges shall be administered by any executive organ or agency.

Article 79:

The Supreme Court shall consist of a Chief Judge and such number of judges as may be determined by law; all such judges excepting the Chief Judge shall be appointed by the Cabinet. 2) The appointment of the judges of the Supreme Court shall be reviewed by the people at the first general election of members of the House of Representatives following their appointment, and shall be reviewed again at the first general election of members of the House of Representatives after a lapse of ten(10) years, and in the same manner thereafter.

Article 80:

The judges of the inferior courts shall be appointed by the Cabinet from a list of persons nominated by the Supreme Court. All such judges shall hold office for a term of ten(10) years with privilege of reappointment, provided that they shall be retired upon the attainment of the age as fixed by law. 2) The judges of the inferior courts shall receive, at regular stated intervals, adequate compensation which shall not be decreased during their terms of office.

Article 81:

The Supreme Court is the court of last resort with power to determine the constitutionality of any law, order, regulation or official act.

Article 82:

Trials shall be conducted and judgement declared publicly. 2) Where a court unanimously determines publicity to be dangerous to public order or morals, a trial may be conducted privately, but trials of political offenses, offenses involving the press or cases wherein the rights of people as guaranteed in CHAPTER III of this Constitution are in question shall always be conducted publicly.

CHAPTER VII: FINANCE

Article 83:

The power to administer national finances shall be exercised as the Diet shall determine.

Article 84:

No new taxes shall be imposed or existing ones modified except by law or under such conditions as law may prescribe.

Article 85:

No money shall be expended, nor shall the State obligate itself, except as authorized by the Diet.

Article 86:

The Cabinet shall prepare and submit to the Diet for its consideration and decision a budget for each fiscal year.

Article 87:

In order to provide for unforeseen deficiencies in the budget, a reserve fund may be authorized by the Diet to be expended upon the responsibility of the Cabinet must get subsequent approval of the Diet for all payments from the reserve fund.

Article 88:

All property of the Imperial Household shall belong to the State. All expenses of the Imperial Household shall be appropriated by the Diet in the budget.

Article 89:

No public money or other property shall be expended or appropriated for the use, benefit or maintenance of any religious institution or association, or for any charitable, educational or benevolent enterprises not under the control of public authority.

Article 90:

Final accounts of the expenditures and revenues of the State shall be audited annually by a Board of Audit and submitted by the Diet, together with the statement of audit, during the fiscal year immediately following the period covered. 2) The organization and competency of the Board of Audit shall be determined by law.

Article 91:

At regular intervals and at least annually the Diet and the people on the state of national finances.

CHAPTER VIII: LOCAL SELF-GOVERNMENT

Article 92:

Regulations concerning organization and operations of local public entities shall be fixed by law in accordance with the principle of local autonomy.

Article 93:

The local public entities shall establish assemblies as their deliberative organs, in accordance with law. 2) The chief executive officers of all local public entities, the members of their assemblies, and such other local officials as may be determined by law shall be elected by direct popular vote within their several communities.

Article 94:

Local public entities shall have the right to manage their property, affairs and administration and to enact their own regulations within law.

Article 95:

A special law, applicable only to one local public entity, cannot be enacted by the Diet without the consent of the majority of the voters of the local public entity concerned, obtained in accordance with law.

CHAPTER IX: AMENDMENTS

Article 96:

Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all the members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify. 2) Amendments when so ratified shall immediately be promulgated by the Emperor in the name of the people, as an integral part of this Constitution.

CHAPTER X: SUPREME LAW

Article 97:

The fundamental human rights by this Constitution guaranteed to the people of Japan are fruits of the age-old struggle of man to be free; they have survived the many exacting tests for durability and are conferred upon this and future generations in trust, to be held for all time inviolate.

Article 98:

This Constitution shall be the supreme law of the nation and no law, ordinance, imperial rescript or other act of government, or part thereof, contrary to the provisions hereof, shall have legal force or validity. 2) The treaties concluded by Japan and established laws of nations shall be faithfully observed.

Article 99:

The Emperor or the Regent as well as Ministers of State, members of the Diet, judges, and all other public officials have the obligation to respect and uphold this Constitution.

CHAPTER XI: SUPPLEMENTARY PROVISIONS

Article 100:

This Constitution shall be enforced as from the day when the period of six months will have elapsed counting from the day of its promulgation. 2) The enactment of laws necessary for the enforcement of this Constitution, the election of members of the House of Councillors and the procedure for the convocation of the Diet and other preparatory procedures necessary for the enforcement of this Constitution may be executed before the day prescribed in the preceding paragraph.

Article 101:

If the House of Councillors is not constituted before the effective date of this Constitution, the House of Representatives shall function as the Diet until such time as the House of Councillors shall be constituted.

Article 102:

The term of office for half the members of the House of Councillors serving in the first term under this Constitution shall be three years. Members falling under this category shall be determined in accordance with law.

Article 103:

The Ministers of State, members of the House of Representatives, and judges in office on the effective date of this Constitution, and all other public officials who occupy positions corresponding to such positions as are recognized by this Constitution shall not forfeit their positions automatically on account of the enforcement of this Constitution unless otherwise specified by law. When, however, successors are elected or appointed under the provisions of this Constitution, they shall forfeit their positions as a matter of course.

 

THE CONSTITUTION OF JAPAN (November 3, 1946)

I rejoice that the foundation for the construction of a new Japan has been laid according to the will of the Japanese people, and hereby sanction and promulgate the amendments of the Imperial Japanese Constitution effected following the consultation with the Privy Council and the decision of the Imperial Diet made in accordance with Article 73 of the said Constitution.

Signed:

HIROHITO, Seal of the Emperor, This third day of the eleventh month of the twenty-first year of Showa (November 3, 1946).

Countersigned:

Prime Minister and concurrently Minister for Foreign Affairs

YOSHIDA Shigeru,

Minister of State

Baron SHIDEHARA Kijuro,

Minister of Justice

KIMURA Tokutaro,

Minister for Home Affairs

OMURA Seiichi,

Minister of Education

TANAKA Kotaro,

Minister of Agriculture and Forestry

WADA Hiroo,

Minister of State

SAITO Takao,

Minister of Communication

HITOTSUMATSU Sadayoshi,

Minister of Commerce and Industry

HOSHIJIMA Jiro,

Minister of Welfare

KAWAI Yoshinari,

Minister of State

UEHARA Etsujiro,

Minister of Transportation

HIRATSUKA Tsunejiro,

Minister of Finance

ISHIBASHI Tanzan,

Minister of State

KANAMORI Tokujiro,

Minister of State

ZEN Keinosuke.

The Court system of the USA (Судебная система США)

            The American court system is complex. It functions as the part of the federal system of government. Each state runs its own court system, and two are identical. In addition, we have a system of courts for the national government. These federal courts coexist with state courts.

            Individuals fall under the jurisdiction of two different court systems, their state court and federal courts. They can sue or be sued either system, depending mostly on what there case is about. The vast majority of cases are resolved in the state courts.

            The federal courts are organized in three tiers, like a pyramid. At the bottom of the pyramid are the us district courts, where litigation begins. In the middle are the US courts of appeals. At the top is the US Supreme Court. To appeal means to take a case to a higher court. The court of appeal and the Supreme Court are appellate courts, with few exceptions, they review cases that have been decided in lower courts. Most federal courts hear and decide a wide array of cases; the judges in these courts are known as generalists.

 

Организация Федерального суда Сегодня.

            Американская система судопроизводства сложна. Она функционирует как часть федеральной системы правительства. Каждый штат управляет своей собственной системой судопроизводства, и не существует двух одинаковых. Кроме того, мы имеем систему судов для национального правительства. Эти федеральные суды сосуществуют с государственными судами.

            Частные лица попадают под юрисдикцию двух различных систем судопроизводства, судов их штатов и федеральных судов. Они могут искать по суду или предъявлять иск в любой системе, зависит это главным образом от того, в чем состоит суть их дела. Огромное большинство дел было разрешено в судах штатов.

            Федеральные суды организованы тремя рядами, подобно пирамиде. На дне пирамиды – окружные суды США, где тяжба начинается. В середине - апелляционные суды США. Наверху – Верховный суд США. Обжалование санкции происходит для того, что бы передать материалы в суд более высокой инстанции.   Апелляционный суд и Верховный суд – апелляционные суды, за немногим исключением, они рассматривают дела, по которым уже были вынесены решения в судах низшей инстанции. Большинство федеральных судов разбирает и выносит решение на счет широкого списка дел рассматриваемых присяжными; судьи в этих судах известны как носящие общий характер.

 

 

Preamble

We, the people of Cambodia

Accustomed to having been an outstanding civilization, a prosperous, large, flourishing and glorious nation, with high prestige radiating line a diamond

Having declined grievously during the past two decades, having gone through suffering and destruction, and having been weakened terribly,

Having awakened and resolutely rallied and determined to unite for the consolidation of national unity, the preservation and defense of Cambodia's territory and precious sovereignty and the fine Angkor civilization, and the restoration of Cambodia into an " Island of Peace" based on multi-party liberal democratic responsibility for the nation's future destiny of moving toward perpetual progress, development, prosperity, and glory,

WITH THIS RESOLUTE WILL

We inscribe the following as the Constitution of the Kingdom of Cambodia:

CHAPTER 1

Sovereignty

Article 1-

• Cambodia is a Kingdom with a King who shall rule according to the Constitution and to the principles of liberal democracy and pluralism.
• The Kingdom of Cambodia shall be an independent, sovereign, peaceful, permanently neutral and non-aligned country

Article 2-

• The territorial integrity of the Kingdom of Cambodia shall absolutely not be violated within its borders as defined in the 1/100,000 scale map made between the years 1933-1953 and internationally recognized between the years 1963-1969

Article 3-

• The Kingdom of Cambodia is an indivisible State

Article 4-

• The motto of the Kingdom of Cambodia is: " Nation, Religion, King ".

Article 5-

• The official language and script are Khmer.

Article 6-

• Phnom Penh is the capital of the Kingdom of Cambodia.
• The national flag, anthem and coat-of arms shall be defined in Annexes 1, II and III.

Chapter II

The King

Article 7-

• The King of Cambodia shall reign but shall not govern.
• The King shall be the Head of State for life.
• The King shall be inviolable.

Article 8-

• The King of Cambodia shall be a symbol of unity and eternity of the nation.
• The King shall be the guarantor of the national independence, sovereignty, and territorial integrity of the Kingdom of Cambodia, the protector of rights and freedom for all citizens and the guarantor of international treaties

Article 9-

• The King shall assume the august role of arbitrator to ensure the faithful execution of public powers.

Article 10-

• The Cambodian monarchy shall be an appointed regime.
• The King shall not have the power to appoint a heir to the throne.

Article 11-

• If the King cannot perform His normal duties as Head of State due to His serious illness as certified by doctors chosen by the President of the Assembly and the Prime Minister, the President of the Assembly shall perform the duties of Head of State as "Regent".

Article 12-

• In case of the death of the King, the president of the Assembly shall take over the responsibility as Acting head of State in the capacity of Regent of the Kingdom of Cambodia.

Article 13-

• Within a period of not more than seven days, the new King of the Kingdom of Cambodia shall be chosen by the Royal Council of the Throne.
• The Royal Council of The Throne shall consist of:
  • The president of the National Assembly
  • The Prime Minister
  • Samdech the Chiefs of the orders of Mohanikay and Thammayut.
  • The First and Second Vice- President of the Assembly.
• The organization and functioning of the council Throne shall be determined by law.

Article 14-

• The King of Cambodia shall be a member of t he Royal family, of at least 30 years, descending from the blood line of King Ang Duong, King Norodom or King Sisowath.
• Upon enthronement, the King shall take the oath of allegiance as stipulated in Annex IV.

Article 15-

• The wife of the reigning King shall have the royal title of QUEEN of Cambodia

Article 16-

• The Queen of the Kingdom of Cambodia shall not have the right to engage in politics, to assume the role of Head of State or head of Government, or to assume other administrative or political roles.
• The Queen of the Kingdom of Cambodia shall exercise activities that serves the social, humanitarian , religious interests, and shall assist the King with protocol and diplomatic functions.

Article 17-

• The provision as stated in the first clause of Article 7, " the King shall reign but shall not govern", absolutely not be amended.

Article 18-

• The King shall communicate with the Assembly by royal messages. These royal messages shall not be subjected to discussion by the National Assembly.

Article 19-

• The King shall appoint the Prime Minister and the Council of Ministers according to the procedure stipulated in

Chapter III

The Rights and Obligations Of Khmer Citizens

Article 31-

• • The Kingdom of Cambodia shall recognize and respect human rights as stipulated in the United Nations Charter, the Universal Declaration of human Rights, the covenants and conventions related to human rights, women's and children's rights.
  • Every Khmer citizen shall be equal before the law, enjoying the same rights, freedom and fulfilling the same obligations regardless of race, colour, sex, language, religious belief, political tendency, birth origin, social status, wealth or other status.
  • The exercise of personal rights and freedom by any individual shall not adversely affect the rights and freedom of others. The exercise of such rights and freedom shall be in accordance with law.

Article 32-

• • Every Khmer citizen shall have the right to life, personal freedom and security.

Article 33-

• • Khmer citizens shall not be deprived of their nationality, exiled or arrested and deported go any foreign country unless there is a mutual agreement on extradition.
  • Khmer citizens residing abroad enjoy the protection of the State.
  • Khmer nationality shall be determined by a law.

Article 34-

• • Khmer citizens of either sex shall enjoy the right to vote and to stand as candidates for the election.
  • Citizens of either sex of at least eighteen years old, have the right to vote.
  • Citizens of either sex of at least 25 years old, have the right to stand as candidates for the election.
  • Provisions restricting the right to vote and to stand for the election shall be defined in the electoral for the election.

Article 35-

• • Khmer citizens of either sex shall be given the right to participated actively in the political , economic, social and cultural life of the nation.
  • Any suggestions from the people shall be given full consideration by the organs of the State

Article 36-

• • Khmer citizens of either sex shall have the right to choose any employment according to their ability and to the needs of the society.
  • Khmer citizen of either sex shall receive equal pay for equal work.
  • The work by housewives in the home shall have the same value as what they can receive when working outside the home.
  • Every Khmer citizens shall have the right to obtain social security and other social benefits as determined by law.
  • Khmer citizens of either sex shall have the right to form and to be members of trade unions.
  • The organization and conduct of trade unions shall be determined by law.

Article 37-

• • The right to strike and to non-violent demonstration shall be implemented in the framework of a law.

Article 38-

• • The law guarantees shall be no physical abuse against any individual.
  • The law shall protect the life, honor and dignity of the citizens.
  • The prosecution, arrest, or detention of any person shall not be done except in accordance with the law.
  • Coercion, physical ill- treatment or any other mistreatment that imposes additional punishment on a detainee or prisoner shall be prohibited. Persons who commit, participate or conspire in such acts shall be punished according to the law.
  • Confession obtained by physical mental force shall not be admissible as evidence of guilt.
  • Khmer citizens of either sex shall respect public and legally acquired private properties.
  • Any case of doubt shall be resolved in favor of the accused.
  • The accused shall be considered innocent until the court has judged finally on the case.
  • Every citizen shall enjoy the right to defense through judicial recourse.

Article 39-

• • Khmer citizens shall have the right to denounce, make complaints or file claims against any breach of the law by the State and social organs or by members of such organs committed during the course of their duties. The settlement of complaints and claims shall reside under the competence of the courts.

Article 40-

• • Citizens' freedom to travel, far and near, and legal settlement shall be respected.
  • Khmer citizens shall have the right to travel and settle abroad and return to the country.
  • The right to privacy of residence and to the secrecy of correspondence by mail, telegram, fax, telex, and telephone shall be guaranteed.
  • Any search of the house, material and body shall be in accordance with the law.

Article 41-

• • Khmer citizens shall have freedom of expression, press, publication and assembly. No one shall exercise this right to infringe upon the rights of others, to affect the good traditions of the society, to violate public law and order and national security.
  • The regime of the media shall be determined by law.

Article 42-

• • Khmer citizens shall have the right to establish associations and political parties. These rights shall be determined by law.
  • Khmer citizens may take part in mass organizations for mutual benefit to protect national achievements and social order.

Article 43-

• • Khmer citizens of either sex shall have the right to freedom of belief.
  • Freedom of religious belief and worship shall be guaranteed by the State on the condition that such freedom does not affect other religious beliefs or violate public order and security.
  • Buddhism shall be t he State religion.

Article 44-

• • All persons, individually or collectively, shall have the right to ownership. Only Khmer legal entities and citizens of Khmer nationality shall the right to own land.
  • Legal private ownership shall be protected by the law.
  • The right to confiscate possessions from any person shall be exercised only in the public interest as provided for under law and shall required fair and just compensation in advance.

Article 45-

• • All forms of discrimination against woman shall be abolished.
  • The exploitation of women in employment shall be prohibited in marriages and matters of the family.
  • Marriage shall be conducted according to conditions determined by law based on the principle of mutual consent between one husband and one wife

Article 46-

• • The commerce of human beings, exploitation by prostitution and obscenity which affect the reputation of women shall be prohibited.
  • A woman shall not lose her job because of pregnancy. Women shall have the right to take maternity leave with full pay and with no loss of seniority or other social benefits.
  • The State and society shall provide opportunities to women, especially to those living in rural areas without adequate social support, so they can get employment, , medical care, and send their children to school, and to have decent living conditions

Article 47-

• • Parents shall have the right to take care of and educate their children to become good citizens.
  • Children shall have the right to take good care of their elderly mother and father according to Khmer traditions.

Article 48-

• • The State shall protect the rights of the children as stipulated in the Convention on Children, particular, the right to life, education, protection during wartime, and from economic or sexual exploitation.
  • The State shall protect children from acts that are injurious to their education opportunities, health and welfare.

Article 49-

• • Every Khmer citizens shall respect the Constitution and laws.
  • All Khmer citizens shall have the duty to take part in the national reconstruction and to defend the homeland. The duty to defend the country shall be determined by law.

Article 50-

• • Khmer citizens of either sex shall respect the principles of national sovereign, liberal multi-party democracy.
  • Khmer citizens of either sex shall respect public and legally acquired private properties.

Chapter IV

On Policy

Article 51-

• • The Kingdom of Cambodia adopts a policy of Liberal democracy and Pluralism.
  • The Cambodian people are the masters of their country.
  • All powers belong to the people. the people exercise these powers through the National Assembly, the Royal Government and the Judiciary.
  • The Legislative, Executive, and the Judicial powers shall be separated

Article 52-

• • The Royal Government of Cambodia shall protect the independence, sovereignty, territorial integrity of the Kingdom of Cambodia, adopt the policy of national reconciliation to insure national unity, and preserve the good national traditions of the country. The Royal Government of Cambodia shall preserve and protect the law and ensure public order and security. The State shall give priority to endeavors which improve welfare and standard of living of citizens.

Article 53-

• • The Kingdom of Cambodia adopts a policy of permanent neutrality and non- alignment. The Kingdom of Cambodia follows a policy of peaceful co- existence with its neighbors and with all other countries throughout the world.
  • The Kingdom of Cambodia shall not invade any country, nor interfere in any other country's internal affairs, directly or indirectly, and shall solve any problem peacefully with due respect for mutual interests.
  • The Kingdom of Cambodia shall not join in any military alliance or military pact which is incompatible with its policy of neutrality.
  • The Kingdom of Cambodia shall not permit any foreign military base on its territory and shall not have its own military base abroad, except within the framework of a United Nations request.
  • The Kingdom of Cambodia reserves the right to receive foreign assistance in military equipment, armaments, ammunition, in training of its armed forces, and other assistance for self-defense and to maintain public order and security within its territory.

Article 54-

• • The manufacturing, use, storage of nuclear, chemical or biological weapons shall be absolutely prohibited.

Article 55-

• • Any treaty and agreement incompatible with the independence, sovereignty, territorial integrity, neutrality and national unity of the Kingdom of Cambodia shall be annulled.

Chapter V

Economy

Article 56-

• • The Kingdom of Cambodia shall adopt market economy system. The preparation and process of this economic system shall be determined by law.

Article 57-

• • Tax collection shall be in accordance with the law. The national budget by law. The national budget shall be determined by law
  • The management of the monetary and financial system shall be defined by law.

Article 58-

• • State property notably comprises land, mineral resources, mountains, sea, underwater, continental shelf, coastline, airspace, islands, rivers, canals, streams, lakes, forests, natural resources, economic and cultural centers, bases for national defense and other facilities determined as State property.
  • The control, use and management of State properties shall be determined by law.

Article 59-

• • The State shall protect the environment and balance of abundant natural resources and establish a precise plan of management of land, water, air, wind geology, ecologic system, mines, energy, petrol, and gas, rocks and sand, gems, forests and forestrial products, wildlife, fish and aquatic resources.

Article 60-

• • Khmer citizens shall have the right to sell l their own products. The obligation to sell products to the State, or the temporary use of State or properties shall be prohibited unless authorized by law under special circumstances.

Article 61-

• • The State shall promote economic development in all sectors and remote areas, especially in agriculture, handicrafts industry, with attention to policies of water, electricity, roads, and means of transport, modern technology and a system of credit.

Article 62-

• • The State shall pay attention and help solve production matters, protect the price of products for farmers and crafters, and find marketplace for them to sell their products.

Article 63-

• • The State shall respect market management in order to guarantee a better standard of living for the people

Chapter VI

Education, Culture, Social Affairs

Article 64-

• • The State shall ban and severely punishes those who import, manufacture, sell illicit drugs, counterfeit and expired goods which affect health and life of the consumers.

Article 65-

• • The State shall protect and upgrade citizens' rights to quality education at all levels and shall take necessary steps for quality education to reach all citizens.
  • The State shall respect physical education and sports for the welfare of all Khmer citizens

Article 66-

• • The State shall establish a comprehensive and standardized education system throughout the country that shall guarantee the principles of educational freedom and equality to ensure that all citizens have equal opportunity to earn a living.

Article 67-

• • The State shall adopt and educational program according to the principle of modern pedagogy including technology and foreign languages.
  • The State shall control public and private schools and classrooms at all levels.

Article 68-

• • The State shall provide primary and secondary education to all citizens in public schools
  • The State shall disseminate and develop the Pali schools and the Buddhist Institutes

Article 69-

• • The State shall protect and promote the Khmer language as required.
  • The State shall preserve ancient monuments, artifacts and restore historic sites.

Article 70-

• • Any offense affecting cultural and artistic heritage shall carry a severe punishment.

Article 71-

• • The perimeter of the national heritage sites as well as heritage that has been classified as world heritage, shall be considered neutral zones where there shall be no military activity.

Article 72-

• • The health of the people shall be guaranteed. The State shall give full consideration to disease prevention and medical treatment. Poor citizens shall receive free medical consultation in public hospitals, infirmaries and maternities.
  • The State shall establish infirmaries in rural areas.

Article 73-

• • The State shall give full consideration to children and mothers. The State shall establish nurseries, and help support women and children who have inadequate support.

Article 74-

• • The State shall assist the disabled and the families of combatants who sacrificed their lives for the nation.

Article 75-

• • The State shall establish a social security system for workers and employees.

Chapter VII

The Assembly

Article 76-

• • The assembly consists of at least 120 members.
  • The deputies shall be elected by a free, universal , equal, direct and secret ballot. The deputies may be re-elected
  • Khmer citizens able to stand for election shall be the Khmer citizens of either sex who have the right to vote, at least 25 years of age, and who have Khmer nationalities at birth
  • Preparation for the election, procedure and electoral process shall be determined by an Electoral Law.

Article 77-

• • The deputies of the Assembly shall represent the entire Khmer people, not only Khmers from their constituencies.
  • Any imperative mandate shall be nullified.

Article 78-

• • The legislative term of the Assembly shall be 5 years and terminates on the day when the new assembly convenes.
  • The assembly shall not be dissolved before the end of its term except when the Royal government is twice deposed within a period of twelve months. In this case, following a proposal from the Prime Minister and the approval of t he Assembly President, the King shall dissolve the Assembly.
  • The election of a new assembly shall be held no later than 60 days from the date of dissolution. During this period, the Royal government shall only be empowered to conduct routine business.
  • In times of war or other special circumstances an election cannot be held, the Assembly may extend its term for one year at a time, upon the request of the King.
  • Such an extension shall require at least a two- third vote of the entire assembly.

Article 79-

• • The assembly mandate shall be incompatible with the holding of any active public function and of any membership in other institutions provided for in the constitution, except when the assembly member(s) is (are) required to serve in the Royal Government.
  • In these circumstances, the said Assembly members shall retain the usual assembly membership but shall not hold any position in the Permanent Standing Committee and in other assembly commissions.

Article 80-

• • The deputies shall have parliamentary.
  • No assembly member shall be prosecuted, detained or arrested because of opinions expressed during the exercise of his or her duties.
  • The decision made by the Standing Committee of the assembly shall be made only with the permission of the assembly or by the Standing Committee of the Assembly between sessions, except in case of flagrante delicto. In that case, the competent authority shall immediately report to the assembly or to the Standing Committee for decision.
  • The decision made by the Standing Committee of the assembly shall be submitted to the assembly at its next session for approval by a 2/3 majority vote of the assembly members.
  • In any case, detention or prosecution of a deputy shall be suspended by a 3/4 majority vote of the Assembly members.

Article 81-

• • The assembly shall have the autonomous budget to conduct its function.
  • The deputies shall receive a remuneration.

Article 82-

• • The assembly shall hold its first session no later than sixty days after the election upon notice by the King.
  • Before taking office, the assembly shall decide on the validity of each member's mandate and vote separately to choose a President, Vice- Presidents and members of each Commission by a 2/3 majority vote
  • All assembly members must take the oath before taking office according to the text contained in Annex 5.

Article 83-

• • The assembly shall hold its ordinary sessions twice a year.
  • Each session shall last at least 3 months. If there is a proposal from the King or the Prime Minister, or at least 1/3 of the assembly members, the Assembly Standing Committee shall call an extraordinary session of the assembly.
  • In this case, the agenda with the conditions of the extraordinary, shall be disseminated to the population as well as the date of the meeting.

Article 84-

• • Between the assembly sessions, the assembly Standing Committee shall manage the work of the assembly.
  • The Permanent Standing Committee of the assembly consists of the President of the Assembly, the Vice- Presidents ,and the presidents of assembly commissions.

Article 85-

• • The assembly sessions shall be held in the royal capital of Cambodia in the Assembly Hall, unless stipulated otherwise in the summons, due to special circumstances.
  • Except where so stipulated and unless held at the place and date as stipulated, any meeting of the assembly shall be considered as illegal and void.

Article 86-

• • If the country is in a state of emergency the assembly shall beet every day continuously. The assembly has the right to terminate this state of emergency whenever the situation permits.
  • If the Assembly is not able to meet because of circumstances such as the occupation by foreign forces the declaration of the state of emergency must be automatically extended.
  • During the state of emergency, the assembly shall not be dissolved.

Article 87-

• • The President of the assembly shall chair the assembly sessions, receive draft bills and resolutions adopted by the assembly, ensure the implementation of the Internal Rules of procedure and manage the assembly relations with foreign countries.
  • If the President is unable to perform his/ her duties due to illness or to fulfill the functions of Head of State ad interim or as a Regent, or is on a mission aborad, a Vice- President shall replace him.
  • In case of resignation or death of the President or the Vice- President(s), the Assembly shall elect a new President or Vice- President(s).

Article 88-

• • The assembly sessions shall be held in public.
  • The assembly shall meet in closed session at the request of the President or of at least 1/10 of its members, of the King or of the Prime Minister.
  • The assembly meeting shall be considered as valid provided there is a quorum of 7/10 of all members.

Article 89-

• • Upon the request by at least 1/10 of its members, the assembly shall invite a high ranking official to clarify important special individual

Article 90-

• • The assembly shall be the only organ to hold legislative power, This power shall not be transferable to any other organ or any individual.
  • The assembly shall approve Administrative Accounts.
  • The assembly shall approve the law on amnesty.
  • The assembly shall approve or annul treaties or international conventions.
  • The assembly shall approve law on the declaration of war.
  • The adoption of the above-mentioned clauses shall be decided by a simply majority of the entire assembly membership.
  • The assembly shall pass a vote of confidence in the Royal Government by a 2/3 majority of all members

Article 91-

• • The deputies and the Prime Minister shall have the right to initiate legislation.
  • The deputies shall have the right to propose any amendments to the laws, but, the proposals shall be unacceptable if they aim at reducing public income or increasing the burden on the people.

Article 92-

• • Laws adopted by the Assembly which run counter to the principles of preserving national independence, sovereignty, administration of the nation shall be annulled. The Constitutional Council is the only organ which shall decide upon this annulment.

Article 93-

• • Any law approved by the Assembly and signed by the King for its promulgation, shall go into effect in Phnom Penh 10 days after signing and throughout the country 20 days after its signing.
  • Laws that are stipulated as urgent shall take effect immediately throughout the country after promulgation.
  • All laws promulgated by the King shall be published in the Journal Official and published throughout the country in accordance with the above schedule.

Article 94-

• • The Assembly shall establish various necessary commissions. The organization and functioning of the assembly shall be determined by the assembly Internal Rules of Procedure.

Article 95-

• • In case of death, resignation, or dismissal of an assembly deputy at least 6 months before the end of the mandate, a replacement shall be appointed in accordance with the Internal Rules of Procedure of the National Assembly and the Electoral Law.

Article 96-

• • The deputies have the right to put a motion against the Royal Government. The motion shall be submitted in writing through the President of t he assembly.
  • The replies shall be given by one or several ministers depending on the matters to the accountability of one or several ministers. If the case concerns the overall policy of the Royal Government, the Prime Minister shall reply in person.
  • The explanations by the ministers or by the Prime Minister shall be given verbally or in witting.
  • The explanations shall be provided within 7 days after the day when the question is received.
  • In case of verbal reply, the President of t he assembly shall decide whether to hold an open debate or not. If there is no debate, the answer of the minister or the Prime Minister shall be considered final. If there is a debate, the questioner, other speakers, the ministers, or the Prime Minister may exchange views within the time frame not exceeding one session.
  • The assembly shall establish one day each week for questions and answers. There shall be no vote during any sessions reserved for this purpose.

Article 97-

• • The assembly commissions may invite any minister to clarify certain issue under his/her field of responsibility.

Article 98-

• • The Assembly shall dismiss a member or members of the Royal Government or the whole Cabinet by the adoption of a motion of censure by 2/3 majority of the entire Assembly.
  • The motion of censure shall be proposed to the Assembly by at least 30 assembly members in order for the entire Assembly to decide.

Chapter VIII

The Royal Government

Article 99-

• • The Council of Ministers is the Royal Government of Cambodia.
  • The Council of Ministers shall be led by one Prime Minister assisted by Deputy Prime Ministers, and by State Ministers, Ministers, and State Secretaries as members.

Article 100-

• • At the recommendation of the President and with the agreement of both Vice- Presidents of the Assembly, the King shall designate a dignitary from among the representatives of the winning party to form the Royal Government. This designated Assembly or members of the political parties represented in the from the Assembly.
  • After the Assembly has given its vote of confidence, the King shall issue a Royal decree (Kret) appointing the entire Council of Ministers.
  • Before taking office, the Council of Ministers shall take an oath as stipulated an Annex 6.

Article 101-

• • The functions of members of the Royal Government shall be incompatible with professional activities in trade or industry and with the holding of any position in the public service.

Article 102-

• • Members of the Royal Government shall be collectively responsible to the Assembly for the overall policy of the Royal Government.
  • Each member of the Royal Government shall be individually responsible to the Prime Minster and the Assembly for his/her own conduct.

Article 103-

• • Members of the Royal Government shall not use the orders, written or verbal, of anyone as grounds to exonerate themselves form their responsibility

Article 104-

• • The Council of Minister shall meet every week inn plenary session or in a working session.
  • The Prime Minister shall chair the plenary sessions.
  • The Prime Minister may assign a Deputy Prime Minister to preside over the working sessions.
  • Minutes of the Council of Ministers' meeting shall be forwarded to the King for His information.

Article 105-

• • The Prime Minister shall have the right to delegate his power to a Deputy Prime Minister or to any member of the Royal Government.

Article 106-

• • If the post of Prime Minister is permanently vacant, a new Council of Ministers shall be appointed under the procedure stipulated in this Constitution. If the vacancy is temporary, an acting Prime Minister shall be provisionally appointed.

Article 107-

• • Each member of the Royal Government shall be punished for any crimes or misdemeanors that he/she has committed in the course of his/her duty.
  • In such cases and when his/her duty, the Assembly shall decide to file charges against him/her with competent.
  • The Assembly shall decide on such matters though a secret vote by a simple majority thereof.

Article 108-

• • The organization and functioning of the Council of Ministers shall be determined by law.

Chapter IX

the judiciary

Article 109-

• • The Judicial power shall be an independent power.
  • The Judiciary shall guarantee and uphold impartiality and protect the rights and freedoms of the citizens.
  • The Judiciary shall cover all lawsuits including administrative ones.
  • The authority of the Judiciary shall be granted to the Supreme Court and to lower courts of all sectors and levels.

Article 110-

• • Trials shall be conducted in the name of the Khmer citizens in accordance with the legal procedures and laws in force.
  • Only judges shall have the right to adjudicate. A judge shall fulfill this duty with strict respect for the laws. wholeheartedly, and conscientiously.

Article 111-

• • Judicial power shall not be granted to the legislative or executive branches.

Article 112-

• • Only the Department of Public Prosecution shall have the right to file criminal suits.

Article 113-

• • The King shall be the guarantor of the independence of the Judiciary. The Supreme Council of the Magistracy shall assist the King in this matter.

Article 114-

• • Judges shall not be dismissed. The supreme Council of the Magistracy shall take disciplinary actions against any delinquent judges.

Article 115-

• • The Supreme Council of the Magistracy shall be established by an organic law which shall determine its composition and functions.
  • The Supreme Council of the Magistracy shall be chaired by the King. The King may appoint a representative to chair the Supreme Council of the Magistracy.
  • The Supreme Council of the Magistracy shall make proposals to the King on the appointment of judges and prosecutors to all courts.
  • The Supreme Council of the Magistracy shall meet under the chairmanship of the President of the Supreme Court or the General Prosecutor of the Supreme Court to decide on disciplinary actions against the judges or prosecutors.

Article 116-

• • The statuses of judges, and prosecutors and the functioning of the judiciary shall be defined in separate laws.

Chapter X

The Constitutional Council

Article 117-

• • The Constitutional council shall have the duty to safeguard respect for the Constitution, to interpret the Constitution, and the laws passed by the Assembly.
  • The Constitutional Council shall have the right to examine and decide on contested cases involving the election of assembly members.

Article 118-

• • The Constitutional Council shall consist of nine members with a nine-year mandate. One third of the members of the Council shall be replaced every three years. Three members shall be appointed by the King, three members by the Assembly and three others by the Supreme Council of the Magistracy.
  • The Chairman shall be elected by the members of the Constitutional Council. He/she shall have a deciding vote in cases of equal vote.

Article 119-

• • Members of the Constitutional Council shall be selected among the dignitaries with a higher-education degree in law, administration, diplomacy or economics and who have considerable work experience.

Article 120-

• • The function of a Constitutional Council member shall be incompatible with that of a member of the Royal Government, member of the assembly, President or Vice-President of a political party, President or Vice- President of trade-union or in-post judges.

Article 121-

• • The King, the Prime Minister, the President of the Assembly, or 1/10 of the assembly members shall forward draft bills to the Constitutional Council for examination before their promulgation.
  • The Constitutional Council shall decide within no more than thirty days whether the laws and the Internal Rules of Procedure are constitutional.

Article 122-

• • After the law is promulgated, the King, the prime Minister, the President of the Assembly, 1/10 of the assembly members or the courts, may ask the Constitutional Council to examine the Constitutionality of that law.
  • Citizens shall have the right to appeal against the Constitutionality of the laws as through their representatives or the President of the Assembly as stipulated in the above paragraph.

Article 123-

• • Provisions i any article ruled by the Council as unconstitutional shall not be promulgated or implemented.
  • The decision of the Council is final.

Article 124-

• • The King shall consult with the Constitutional Council on all proposals to amend the Constitution.

Article 125-

• • An organic law shall specify the organization and operation of the Constitutional Council.

Chapter XI

The Administration

Article 126-

• • The territory of the Kingdom of Cambodia shall be divided into provinces and municipalities.
  • Provinces shall be divided into districts (srok) and district into commune (khum).
  • Municipalities shall be divided into Khan into Sangkat.

Article 127-

• • Provinces, municipalities, districts, khan, khum, and sangkat shall be governed in accordance with organic law.

Chapter XII

The National Congress

Article 128-

• • The National Congress shall enable the people to be directly informed on various matters of national interests and to raise issues and requests for the State authority to solve.
  • Khmer citizens of both sexes shall have the right to participate in the National Congress.

Article 129-

• • The National Congress shall meet once a year in early December at the convocation of the Prime Minister.
  • It shall proceed under the chairmanship of the King.

Article 130-

• • The National Congress shall adopt recommendations for consideration by State authorities and the Assembly.
  • The organization and operation of the National Congress shall be defined by a law.

Chapter XIII

effects, revision and amendments of the constitution

Article 131-

• • This Constitution shall be the Supreme law of the Kingdom of Cambodia.
  • Laws and decisions by the State institutions shall have to be in strict conformity with the Constitution

Article 132-

• • The initiative to review or to amend the Constitution shall be the prerogative of the King, the Prime Minister, the President of the Assembly at the suggestion of 1/4 of all the assembly members.
  • Revision or amendments shall enacted by a Constitutional law passed by the Assembly with a 2/3 majority vote

Article 133-

• • Revision or amendment shall be prohibited when the country is in the State of emergency, as outlined in Article 86.

CHAPTER XIV

Transitional Provision

Article 134-

• • Revision or amendment affecting the system of liberal and pluralistic democracy and the regime of Constitutional Monarchy shall prohibited.

Article 135-

• • This Constitution, after its adoption, shall be declared in force immediately by the Head of State of Cambodia.

Article 136-

• • After the entry into force of this Constitution, the Constituent Assembly shall become the National Assembly.
  • The Internal Rules of Procedure of the assembly shall come into force after adoption by the assembly.
  • In the case where the assembly is not yet functional, the President, the First and Second Vice-Presidents of the Constituent Assembly shall participated in the discharge of t duties in the Throne Council if so required by the situation in the country.

Article 137-

• • After this Constitution takes effect, the King shall be selected in accordance with conditions stipulated in Article 13 and 14.

Article 138-

• • After this Constitution take effects, and during the first legislature, the King of the Kingdom of Cambodia shall appoint a First Prime Minister and a Second Prime Minister to forma Royal Government after securing the consent of the President and the two Vice-Presidents of the assembly.
  • The Co-President existing before the adoption of this Constitution shall participate as members of the Committee and in the Throne Council as stipulated in Articles 11 and 13 above.

Article 139-

• • Laws and standard documents in Cambodia that safeguard State properties, rights, freedom and legal private properties and in conformity with the national interests, shall continue to be effective until altered or abrogated by next texts, except those provisions that are contrary to the spirit of this Constitution.

this constitution was adopted by the Constitutional assembly in Phnom Penh on 21 September 1993 at its second plenary session.

 

                                Phnom Penh, 21 September, 1993

                                The President,

                                Son Sann

 

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