USA > Michigan > Michigan official directory and legislative manual for the years 1901-1902 > Part 2
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8. General powers of congress.
9. Certain limitations of the powers of congress.
10. Limitations of the powers of indi- vidual states.
ARTICLE II.
1. Of the executive power; electors, how and when chosen; qualifica- tions of president; when powers of to devolve upon vice presi- dent; compensation and oath of president.
SECTION-
2. Powers and duties of president; making of treaties; power of ap- pointment.
3. Other powers and duties.
4. Officers liable to impeachment.
ARTICLE III.
1. Of the judicial power.
2. Extent of the judicial power; juris- diction of the supreme court; trials for crimes.
3. Treason defined; trial for and pun- ishment.
ARTICLE IV.
1. Effect of public acts, records, etc.,
1 of each state.
2. Citizenship; fugitives from justice and from service to be delivered up.
3. Admission of new states; power of congress over territory.
4. Republican form of government guaranteed to the several states; protection from invasion or do- mestic violence ..
ARTICLE V.
1. How constitution may be amended. ARTICLE VI.
1. Of the public debt; constitution to be supreme law of the land; con- stitutional oath of office; relig- ious tests prohibited.
ARTICLE VII.
1. Ratification of constitution.
6
CONSTITUTION OF UNITED STATES.
ART. I.
AMENDMENTS.
ARTICLE-
1. Religious freedom; freedom of speech and of the press; right of petition.
2. Right to bear arms.
3. Quartering of soldiers.
4. Unreasonable searches and seiz- ures; search warrants.
5. Rights of persons charged with crimes; taking of private prop- erty
6. Trials in criminal cases and rights of the accused.
7. Trials by jury in civil cases.
8. Excessive bail, fines and punish- ments.
ARTICLE-
9. Rights of the people.
10. Of powers reserved to the states.
11. Extent of judicial powers.
12. Manner of electing president and vice president; qualification of . vice president.
13. Prohibition of slavery.
14. Citizenship; security of persons and property; apportionment of representatives; who prohibited from holding office; validity of the public debt; what obligations to be void.
15. Right of citizens to vote.
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 I.
Legislative power.
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 II.
House of representa- tives, and qualification of electors. Of represen- tatives.
1 The house of representatives shall be composed of members chosen every second year by the people of the several states; and the elect- ors 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 to the age of twenty-five years, and has 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.
Apportion- ment of representa- tives.
3[ Representatives and direct taxes shall be apportioned among the several states which may be included within this union, accord- ing to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound in serv- ice for a term of years, and excluding Indians not taxed, three-fifths of all other persons.] (a) 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 representa- tives shall not exceed one for every thirty thousand but each state
Ratio of rep- resentation.
(a) The part of this paragraph between brackets is amended by the fourteenth amendment.
7
CONSTITUTION OF UNITED STATES.
ART. I.
shall have at least one representative; and until such enumeration First appor- shall be made, the state of New Hampshire, shall be entitled to choose tionment. three, Massachusetts eight, Rhode Island and Providence Planta- tions one, Connecticut five, New York six, New Jersey four, Pennsyl- vania 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 Vacancies. executive authority thereof shall issue writs of election to fill such vacancies.
5 The house of representatives shall choose their speaker and other Officers of the officers, and shall have the sole power of impeachment. house.
SECTION III.
1 The senate of the United States shall be composed of two senators Senate, each from each state, chosen by the legislature thereof, for six years; and senator a each senator shall have one vote. vote.
2 Immediately after they shall be assembled in consequence of the Senators first election, they shall be divided, as equally as may be, into three classed. classes. The seats of the senators of the first class shall be vacated When seats at the expiration of the second year, of the second class at the expira- Y vacated and tion of the fourth year, and of the third class at the expiration of the filled. sixth year, so that one-third may be chosen every second year, and if vacancies happen by resignation or otherwise, during the recess of Vacancies the legislature of any state, the executive thereof may make tempo- and appoint- rary appointments until the next meeting of the legislature, which ments. shall then fill such vacancies.
3 No person shall be a senator who shall not have attained to the age Qualification of thirty years, and been nine years a citizen of the United States, of senators. and who shall not, when elected, be an inhabitant of that state from which he shall be chosen.
4 The vice president of the United States shall be president of the President of senate, but shall have no vote unless they be equally divided. the senate.
5 The senate shall choose thier other officers, also a president pro Officers. 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. Trial of im- When sitting for that purpose, they shall be on oath or affirmation, peachments. When the president of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concur- rence of two-thirds of the members present.
?Judgment in cases of impeachment shall not extend further than Extent of to removal from office, and disqualification to hold and enjoy any judgment. office of honor, trust or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to law.
SECTION IV.
1 The times, places and manner of holding elections for senators Election of and representatives shall be prescribed in each state by the legisla- members. ture 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 Meetings of meeting shall be on the first Monday in December, unless they shall congress by law appoint a different day.
8
CONSTITUTION OF UNITED STATES.
ART. I.
SECTION V.
Each house 1 Each house shall be the judge of the elections, returns and qualifi- to judge of its cations of its own members, and a majority of each shall constitute a members, quorum. quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent inembers, in such manner and under such penalties as each house may provide.
To determine its own rules.
2 Each house shall be the judge of the elections, returns and punish its members for disorderly behavior, and, with the concurrence of two- thirds, expel a member.
To keep and publish jour- nal of pro- ceedings.
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 judg- ment 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.
Adjournment.
4.Neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
SECTION VI.
Compensation of members.
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 at- tendance 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.
Privileges.
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 increased, during such time; and no person holding any office under the United States shall be a member of either house during his continuance in office.
SECTION VII.
Revenue bills.
1 All bills for raising revenue shall originate in the house of repre- sentatives; but the senate may propose or concur with amendments as on other bills.
Bills to be presented to president. Approval or disapproval.
Procedure in case of dis- approval.
2 Every bill which shall have passed the house of representatives and the senate, shall, before it becomes 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 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-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 presi- dent within ten days (Sundays excepted) after it shall have been pre -. sented 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.
9
CONSTITUTION OF UNITED STATES.
ART. I.
3 Every order, resolution or vote, to which the concurrence of the Joint resolu- senate and house of representatives may be necessary (except on a tions, etc., question of adjournment), shall be presented to the president of the approval. subject to 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 limitations 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 pay the Power of debts and provide for the common defense and general welfare of congress to lay taxes, the United States; but all duties, imposts and excises shall be uni- duties, etc. form 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 the several Commerce. states, and with the Indian tribes;
4 To establish an uniform rule of naturalization, and uniform laws Naturaliza- on the subject of bankruptcies throughout the United States; tion, bank- ruptcy laws.
5 To coin money, regulate the value thereof, and of foreign coin, of money, and fix the standard of weights and measures; -
weights and
measures.
6 To provide for the punishment of counterfeiting the securities and current coin of the United States;
Counterfeit- ing.
7 To establish postoffices and post-roads;
Postoffices.
8 To promote the progress of science and useful arts, by securing for Science and limited times to authors and inventors the exclusive right to their inventions. respective writings and discoveries;
9 To constitute tribunals inferior to the supreme court; to define Tribunals, and punish piracies and felonies committed on the high seas, and piracies, offenses against the law of nations; felonies.
10 To declare war, grant letters of marque and reprisal, and make War. rules concerning captures on land and water;
11 To raise and support armies; but no appropriation of money to Army. that use shall be for a longer term than two years;
12 To provide and maintain a navy;
Navy.
13 To make rules for the governinent and regulation of the land and Land and naval forces;
naval forces.
14 To provide for calling forth the militia to execute the laws of the Militia. union, suppress insurrections and repel invasions ;
15 To provide for organizing, arming and disciplining the militia, Organizing and for governing such part of them as may be employed in the the militia. 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 ;
16 To exercise exclusive legislation in all cases whatsoever over such Exercise district not exceeding ten iniles square, as may, by cession of par- exclusive ticular states, and the acceptance of congress, become the seat of in certain
.
legislation government of the United States, and to exercise like authority over districts. 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, dockyards, and other needful buildings; and
17 To make all laws which shall be necessary and proper for carrying To make into execution the foregoing powers, and all other powers vested by necessary this constitution in the government of the United States, or in any laws. department or officer thereof. 2
10
CONSTITUTION OF UNITED STATES.
ART. II.
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 person.
corpus.
Writ of habeas 2 The privilege of the writ of habeas 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 directed 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 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.
No title of nobility be granted, etc.
" No title of nobility shall be granted by the United States and no person holding any office of profit or trust under them shall, without the consent of the congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state.
SECTION X.
Powers pro- hibited to the individual states.
1 No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money ; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obli- gation of contracts, or grant any title of nobility.
Powers which the states can exercise under the sanction of congress.
C
2 No state shall, without the consent of 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. No state shall, without the consent of congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.
ARTICLE II.
SECTION I.
Executive power.
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 :
Electors of president and vice president.
2 Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of sena- tors and representatives to which the state may be entitled in the congress; but no senator or representative, or person holding an
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11
CONSTITUTION OF UNITED STATES.
ART. II.
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 by ballot Meeting of for two persons, of whom one at least shall not be an inhabitant of the electors. same state with themselves. And they shall make a list of all the per- sons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the govern- ment 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 greatest number of votes shall be the president, if such number be a majority of the whole num- ber 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 high- est on the list the said house shall in like manner choose the presi- dent. 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 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 vice president. But if there should remain two or more who have equal votes, the senate shall choose from them by ballot for vice presi- dent. (b)
4 The congress may determine the time of choosing the electors, and Time of the day on which they shall give their votes; which day shall be the choosing same throughout the United States. electors.
5 No person except a natural-born citizen, or a citizen of the United Qualifications States at the time of the adoption of this constitution, shall be eligi- for president. ble 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.
6 In case of the removal of the president from office or of the death, In case of resignation, or inability to discharge the powers and duties of the said vacancy vice office, the same shall devolve on the vice president, and the congress president to may by law provide for the case of removal, death, resignation, or act. 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.
" The president shall, at stated times, receive for his services a com- Compensation pensation, which shall neither be increased or diminished during the of the presi- period for which he shall have been elected, and he shall not receive dent. within that period any other emolument from the United States, or any of them.
8 Before he enter on the execution of his office, he shall take the Oath of the following oath or affirmation : president.
"I do solemnly swear (or affirm) that I will faitlifully execute the office of president of the United States, and will, to the best of my ability, preserve, protect and defend the constitution of the United States."
(b) This paragraph is annulled by article XII of the amendments.
12
CONSTITUTION OF UNITED STATES.
ART. III.
SECTION II.
Powers of the president. ! The president shall be commander-in-chief of the army and nayy of the United States, and of' the militia of the several states, when called into 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 re- spective offices; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.
His power to make treaties, to appoint embassadors, consuls, and other officers.
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 con- sent 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 pro- Minor appoint- vided for, and which shall be established by law. But the congress ments. 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.
Power to fill vacancies.
3 The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session.
SECTION III.
Duties of president.
1 He shall, from time to time, give to the congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall, receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall com- . mission all the officers of the United States.
SECTION IV.
Officers liable to impeach- ment.
1 The president, vice president, and all civil officers of the United States, shall be removed from office on impeachment for, and con- viction of, treason, bribery, or other high crimes and misdemeanors.
ARTICLE III.
SECTION I.
Judicial power.
1 The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior; and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office.
SECTION II.
Extent of judicial power.
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;
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