History for ready reference, Volumes 1 to 5
Part 188
Article 120. When either Council of the Federal Assembly passes a resolution for general revision and the other Council does not agree; or when fifty thousand Swiss voters demand general revision the question whether there shall be such a revision must, in either case, be submitted to the popular vote of the Swiss people. If, in either case, the majority of the Swiss citizens who vote on the question pronounce in the affirmative, there shall be a new election of both Councils for the purpose of preparing a general revision.
Article 121. [_Amendment of July_ 5, 1891.] Specific amendments may be brought forward either through a Proposition of the People [Volksanregung] (Initiative) or by Federal legislation. A Proposition of the People means a demand supported by fifty thousand Swiss voters, either for suspension, repeal, or alteration of specified articles of the Federal Constitution. If by means of the method of Proposition of the People several different subjects are brought forward either for alteration or for incorporation into the Federal Constitution, each one of those separate subjects must be presented in a separate demand for a popular vote [Initintivbegehren]. The demand for a popular vote may take the form either of a request in general terms, or of a definite draft. If such a demand be made in the form of a request in general terms and the Councils of the Federal Assembly agree thereto, the said Councils shall thereupon prepare a specific amendment of the purport indicated by those asking amendment; and such specific amendment shall be submitted to the people and to the states for their acceptance or rejection. In case the Councils of the Federal Assembly do not agree thereto, the question of specific amendment shall then be subjected to the people for a popular vote; and in case the majority of the Swiss voters vote therefor, an amendment of the purport indicated by the vote of the people shall then be prepared by the Federal Assembly. In case the request shall take the form of a specific draft and the Federal Assembly agree thereto, the draft is then to be submitted to the people and the States for acceptance or rejection. If the Federal Assembly shall not agree thereto it may either prepare a substitute draft for itself, or it may propose the rejection of the proposition. The proposition to reject such substitute draft or proposition shall be submitted to the vote of the people and of the States at the same time with the general Proposition of the People.
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Article 122. [_Amendment of July_ 5, 1891.] The procedure upon the Proposition of the People and the popular votes concerning amendment of the Federal Constitution, shall be regulated in detail by a Federal Law.
Article 123. [_Amendment of July_ 5, 1891.] The amended Federal Constitution or the specific amendments proposed, as the case may be, shall be in force when adopted by the majority of the Swiss citizens who take part in the vote thereon and by a majority of the Cantons. In making up the majority of the States the vote of a half of each Canton is counted as half a vote. The result of the popular vote in each Canton is considered to be the vote of the state.
Temporary Provisions.
Article 1. The proceeds of the posts and customs shall be divided upon the present basis, until such time as the Confederation shall take upon itself the military expenses up to this time borne by the Cantons. Federal legislation shall provide, besides, that the loss which may be occasioned to the finances of certain Cantons by the sum of the charges which result from Articles 20, 30, 36 (§ 2), and 42 (e), shall fall upon such Cantons only gradually, and shall not attain its full effect till after a transition period of some years. Those Cantons which, at the going into effect of Article 20 of the Constitution, have not fulfilled the military obligations which are imposed upon them by the former Constitution, or by federal laws, shall be bound to carry them out at their own expense.
Article 2. The provisions of the federal laws and of the cantonal concordats, constitutions or cantonal laws, which are contrary to this Constitution, cease to have effect by the adoption of the Constitution or the publication of the laws for which it provides.
Article 3. The new provisions relating to the organization and jurisdiction of the Federal Court take effect only after the publication of federal laws thereon.
Article 4. A delay of five years is allowed to Cantons for the establishment of free instruction in primary public education. (Art. 27.)
Article 5. Those persons who practice a liberal profession, and who, before the publication of the federal law provided for in Article 33, have obtained a certificate of competence from a Canton or a joint authority representing several Cantons, may pursue that profession throughout the Confederation.
Article 6. [_Amendment of December_ 22, 1885. _For the remainder of this amendment see article 32 (ii)._] If a federal law for carrying out Article 32 (ii) be passed before the end of 1890, the import duties levied on spirituous liquors by the Cantons and Communes, according to Article 32, cease on the going into effect of such law. If, in such case, the shares of any Canton or Commune, out of the sums to be divided, are not sufficient to equal the average annual net proceeds of the taxes they have levied on spirituous liquors in the years 1880 to 1884 inclusive, the Cantons and Communes affected shall, till the end of 1890, receive the amount of the deficiency out of the amount which is to be divided among the other Cantons according to population; and the remainder only shall be divided among such other Cantons and Communes, according to population. The Confederation shall further provide by law that for such Cantons or Communes as may suffer financial loss through the effect of this amendment, such loss shall not come upon them immediately in its full extent, but gradually up to the year 1895. The indemnities thereby made necessary shall be previously taken out of the net proceeds designated in Article 32 (ii), paragraph 4.
Thus resolved by the National Council to be submitted to the popular vote of the Swiss people and of the Cantons. Bern, January 31, 1874. Ziegler, President. Schiess, Secretary.
Thus resolved by the Council of States, to be submitted to the popular vote of the Swiss people and of the Cantons. Bern, January 31, 1874. A. Kopp, President. J. L. Lutscher, Secretary.
CONSTITUTION OF THE SWISS CONFEDERATION: End----------
CONSTITUTION OF THE UNITED STATES OF AMERICA.
CONSTITUTION OF THE UNITED STATES OF AMERICA: A. D. 1781. The Articles of Confederation.
See UNITED STATES OF AMERICA: A. D. 1777-1781, and 1783-1787.
CONSTITUTION OF THE UNITED STATES OF AMERICA: A. D. 1787-1789, and 1791-1870. A sketch of the history of the framing and adoption of the Federal Constitution of the United States will be found under
UNITED STATES OF AMERICA: A. D. 1787, and 1787-1789.
The following text of the original instrument, with the subsequent amendments to it, is one prepared by Professor Albert Bushnell Hart, and is the result of a careful comparison with the original manuscripts, preserved in the State Department at Washington. "It is intended to be absolutely exact in word, spelling, capitalization and punctuation. A few headings and paragraph numbers, inserted for convenience of reference, are indicated by brackets." "Those parts of the Constitution which were temporary in their nature, or which have been superseded or altered by later amendments, are included within the signs []." This text, originally printed in the "American History Leaflets," is reproduced with Professor Hart's consent. The paragraphing has been altered, to economize space, but it is otherwise exactly reproduced:
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"WE THE PEOPLE of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Article I. _Section_ 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
_Section_ 2 [§ 1.] The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
[Footnote: Modified by Fourteenth Amendment.]
[§ 2.] No Person shall be a Representative who shall not have attained to the Age of twenty-five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
[§ 3.] Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, [which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.]
[Footnote: Superseded by Fourteenth 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 chuse 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.]
[Footnote: Temporary clause.]
[§ 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 chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
_Section_ 3. [§ 1.] The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.
[§ 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.
[§ 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 chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
[§ 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.] Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
_Section_ 4. [§ 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 chusing Senators.
[§ 2.] The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.
_Section_ 5. [§ 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 Behaviour, 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 Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
[§ 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. [§ 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.
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[§ 2.] No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
_Section_ 7. [§ 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 repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
_Section_ 8. The Congress shall have 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. [§ 1.] [The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.]
[Footnote: Temporary provision.]
[§ 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.
[Footnote: Extended by the first eight Amendments.]
[§ 4.] No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.
[§ 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 of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
[Footnote: Extended by Ninth and Tenth Amendments.]
_Section_ 10. [§ 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.
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[§ 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 War, unless actually invaded, or in such imminent Danger as will not admit of delay.
[Footnote: Extended by Thirteenth, Fourteenth and Fifteenth Amendments.]
Article II.
Section 1. [§ 1.] The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows