USA > Michigan > Michigan legislative manual and official directory for the years 1899-1900 > Part 2
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(a) The part of this paragraph between brackets is amended by the fourteenth amendment.
7
CONSTITUTION OF UNITED STATES.
ART I
gress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The Ratio of rep- number of representatives shall not exceed one for every resentation. thirty thousand but each state shall have at least one repre- sentative; and until such enumeration shall be made, the First appor- state of New Hampshire, shall be entitled to choose three, tionment. Massachusetts eight, Rhode Island and Providence Planta- tions 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 Vacancies. state, the executive authority thereof shall issue writs of election to fill such vacancies.
5 The house of representatives shall choose their speaker Officers of and other officers, and shall have the sole power of impeach- the house. ment.
SECTION III.
1 The senate of the United States shall be composed of two Senate; each senators from each state, chosen by the legislature thereof, senator a for six years; and each senator shall have one vote. vote.
2 Immediately after they shall be assembled in consequence Senators of the first election, they shall be divided, as equally as may classed. be, into three classes. The seats of the senators of the first When seats class shall be vacated at the expiration of the second year, vacated and of the second class at the expiration of the fourth year, and filled. of the third class at the expiration of the sixth year, so that one-third may be chosen every second year, and if vacancies Vacancies happen by resignation or otherwise, during the recess of the and appoint- legislature of any state, the executive thereof may make tem- ments. porary appointments until the next meeting of the legisla- ture, which shall then fill such vacancies.
3 No person shall be a senator who shall not have attained Qualification to the age of thirty years, and been nine years a citizen of of senators. the United States, and who shall not, when elected, be an in- habitant of that state from which he shall be chosen.
4 The vice president of the United States shall be president President of of the senate, but shall have no vote unless they be equally the senate. divided.
5 The senate shall choose their other officers, also a presi- Officers. dent 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 impeach- Trial of im- ments. When sitting for that purpose, they shall be on oath peachments, 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 mem- bers present.
4 7 Judgment in cases of impeachment shall not extend fur- Extent of ther than to removal from office, and disqualification to hold judgment. 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.
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8
CONSTITUTION OF UNITED STATES.
ART. L
SECTION IV.
Election of members. 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.
Meetings of congress.
2 The congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
SECTION V.
Each house 1 Each house shall be the judge of the elections, returns and to judge of its members; quorum. qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller num- ber 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.
To deter- . 2 Each house shall be the judge of the elections, returns and mine its own punish its members for disorderly behavior, and, with the rules.
concurrence of two-thirds, expel a member.
To keep and 3 Each house shall keep a journal of its proceedings, and publish jour- from time to time publish the same, excepting such parts as nal of pro- ceedings. 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.
Adjourn- ment.
4 Neither house, during the session of congress, shall, with- out the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
SECTION VI.
Compensa- 1 The senators and representatives shall receive a compen- tion of mem- sation for their services to be ascertained by law, and paid bers. out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be Privileges. 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.
Their disa- bility to hold offices.
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 in- creased, during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office.
SECTION VII.
Revenue bills. 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.
9
CONSTITUTION OF UNITED STATES.
ART. I.
2 Every bill which shall have passed the house of repre- Bills to be sentatives and the senate, shall, before it becomes a law, be . presented to president. presented to the president of the United States. If he ap- prove, he shall sign it; but if not he shall return it, with his disapproval. Approval or objection, 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- Procedure in thirds of that house shall agree to pass the bill it shall be case of dis- sent, together with the objections, to the other house, by approval. 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 presi- dent within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like man- ner 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 Joint resolu- of the senate and house of representatives may be necessary tions, etc., subject to (except on a question of adjournment), shall be presented to approval. 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 the house of representatives, according to the rules and limita- tions prescribed in the case of a bill. .
SECTION VIII.
The congress shall have power:
1 To lay and collect taxes, duties, imposts and excises, to Power of pay the debts and provide for the common defense and gen- congress to lay taxes, eral welfare of the United States; but all duties, imposts and duties, etc. excises shall be uniform throughout the United States.
2 To borrow money on the credit of the United States; Loans.
3 To regulate commerce with foreign nations, and among Commerce. the several states, and with the Indian tribes;
4 To establish an uniform rule of naturalization, and uni- Naturaliza- form laws on the subject of bankruptcies throughout the tion; bank- ruptcy laws. United States;
5 To coin money, regulate the value thereof, and of foreign Of money, coin, and fix the standard of weights and measures; weights and measures.
6 To provide for the punishment of counterfeiting the secur- Counterfeit- ities and current coin of the United States; ing.
7 To establish postoffices and post-roads; Postoffices.
8 To promote the progress of science and useful arts, by se- Science and curing for limited times to authors and inventors the ex- inventions. clusive right to their respective writings and discoveries;
› To constitute 'tribunals inferior to the supreme court; to Tribunals; define and punish piracies and felonies committed on the piracies; high seas, and offenses against the law of nations; felonies.
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10
CONSTITUTION OF UNITED STATES.
ART. I.
War.
10 To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water;
Army. 11 To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years; 12 To provide and maintain a navy;
Navy.
Land and 13 To make rules for the government and regulation of the naval forces. land and naval forces;
Militia.
14 To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions;
Organizing the militia.
15 To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be em- ployed 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;
Exercise exclusive legislation in certain districts.
16 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 government of the United States, and to exercise like authority over all places purchased by the con- sent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings; and
To make necessary laws.
17 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 IX.
Importation of certain persons.
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 per- son.
Writ of habeas corpus.
2 The privilege of the writ of habcas corpus shall not be sus- pended, unless when, in cases of rebellion or invasion, the public safety may require it.
Attainder. 3 No bill of attainder or ex post facto law shall be passed.
Direct tax. 4 No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore di- rected to be taken.
Export duty and com- merce.
5 No tax or duty shall be laid on articles exported from any state. 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.
Of expendi- tures.
6 No money shall be drawn from the treasury, but in con- sequence of appropriations made by law; and a regular state- ment and account of the receipts and expenditures of all public money shall be published from time to time.
11
CONSTITUTION OF UNITED STATES.
ART. II.
7 No title of nobility shall be granted by the United States No title of and no person holding any office of profit or trust under them nobility shall, without the consent of the congress, accept of any etc.
be granted, present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
SECTION X.
1 No state shall enter into any treaty, alliance, or confed- Powers pro- eration; grant letters of marque and reprisal; coin money; hibited to emit bills of credit; make anything but gold and silver coin a ual states.
the individ- 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 congress, lay any Powers imposts or duties on imports or exports, except what may be which the absolutely necessary for executing its inspection laws; and exercise
states can the net produce of all duties and imposts, laid by any state on under the imports or exports, shall be for the use of the treasury of sanction of the United States; and all such laws shall be subject to the congress. revision and control of the congress. 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 en- gage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
ARTICLE II.
SECTION I.
1 The executive power shall be vested in a president of the Executive United States of America. He shall hold his office during the power. term of four years, and, together with the vice president, chosen for the same term, be elected as follows:
2 Each state shall appoint, in such manner as the legisla- Electors of ture thereof may direct, a number of electors, equal to the president whole number of senators and representatives to which the and vice president. 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.
3 The electors shall meet in their respective states, and vote Meeting of by ballot for two persons, of whom one at least shall not be electors. an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the num- ber of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the vote shall then be counted. The person having the great- est 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
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12
CONSTITUTION OF UNITED STATES.
ART. IL
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 vote shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a mem- ber 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 great- est number of votes of the electors shall be vice president. But if there should remain two or more who have equal votes, the senate shall choose from them by ballot for vice president. (b)
Time of choosing electors.
4 The congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.
Qualifica- tions for president.
5 No person except a natural-born citizen, or a citizen of the United States at the time of the adoption of this con- stitution, 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.
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In case of vacancy,. vice presi- dent to act.
6 In case of the removal of the president from office or of the 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 act as president, and such officer shall act accordingly, until the disability be removed or a president shall be elected.
Compensa- tion of the president.
7 The president shall, at stated times, receive for his serv- ices a compensation, which shall neither be increased or 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.
Oath of the president.
8 Before he enter on the execution of his office, he shall take the following oath or affirmation:
"I do solemnly swear (or affirm) that I will faithfully exe- cute the office of president of the United States, and will, to the best of my ability, preserve, protect and defend the con- stitution of the United States."
SECTION II.
Powers of the presi- dent.
1 The president shall be commander-in-chief of the army and navy of the United States, and of the militia of the sev- eral States, when called into actual service of the United States; he may require the opinion, in writing, of the prin- cipal 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
(b) This paragraph is annulled by article XII of the amendments.
13:
CONSTITUTION OF UNITED STATES.
ART. III.
offenses against the United States, except in cases of im- peachment.
2 He shall have power, by and with the advice and consent His power to. of the senate, to make treaties, provided two-thirds of the make treat- ies, to ap- senators present concur, and he shall nominate, and by and point ambas- with the advice and consent of the senate, shall appoint am- sadors, con- bassadors, other public ministers and consuls, judges of the suls, and supreme court, and all other officers of the United States, cers. other offi- 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 Minor ap- as they think proper, in the president alone, in the courts pointments. of law, or in the heads of departments.
3 The president shall have power to fill up all vacancies Power to fill that may happen during the recess of the senate, by granting vacancies. commissions which shall expire at the end of their next ses- sion.
SECTION III.
1 He shall, from time to time, give to the congress informa- Duties of tion of the state of the union, and recommend to their con- sideration 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 be- tween them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commissison all the officers of the United States.
SECTION IV.
1 The president, vice president, and all civil officers of the Officers lia- United States, shall be removed from office on impeachment ble to im- for, and conviction of, treason, bribery, or other high crimes peachment. and misdemeanors.
ARTICLE III.
SECTION I. -
1 The judicial power of the United States shall be vested in Judicial one supreme court, and in such inferior courts as the con- power. gress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior; and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.
SECTION II.
1 The judicial power shall extend to all cases in law and Extent of equity, arising under this constitution, the laws of the United judicial States and treaties made, or which shall be made, under their power. authority; to all cases affecting ambassadors, other public
president ..
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14
CONSTITUTION OF UNITED STATES.
ART. IV.
See amend- ment XI.
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; be- tween a state and citizens of another state; between citizens of different states; between citizens of the same state claim- ing lands under grants of different states; and between a state or the citizens thereof, and foreign states, citizens or subjects.
Jurisdiction of supreme court.
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.
Trial of crimes.
3 The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the congress may by law have directed.
SECTION III.
Treason.
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.
Congress to declare its punishment.
2 The congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.
ARTICLE IV.
SECTION I.
Faith and 1 Full faith and credit shall be given in each state to the credit to be given the acts of each state. public acts, records, and judicial proceedings of every other state. And the congress may by general law prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
SECTION II.
Privileges of citizens. Criminals to be deliv- ered up.
1 The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
2 A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
15
CONSTITUTION OF UNITED STATES.
ART. VI.
3 No person held to service or labor in one state under the Of persons laws thereof, escaping into another, shall in consequence of held to any law or regulation therein, be discharged from such serv- service. ice or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.
SECTION III.
1 New states may be admitted by the congress into this Admission union but no new state shall be formed or erected within the of new jurisdiction of any other state, nor any state be formed by states. the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of the congress.
2 The congress shall have power to dispose of, and make Power of all needful rules and regulations respecting the territory or congress over terri- other property belonging to the United States; and nothing tory and in this constitution shall be so construed as to prejudice any property of claims of the United States or of any particular state. the U. S.
SECTION IV.
1 The United States shall guarantee to every state in this Republican union a republican form of government, and shall protect form of gov- each of them against invasion; and, on application of the guaranteed ernment legislature or of the executive, when the legislature cannot to each state. be convened, against domestic violence.
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