« SebelumnyaLanjutkan »
of Indictments, Punishment, &c. ART. 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 and 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 to be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use without just compensation. [18 Johns., 187, 201. 3 Yeates, 362. 6 Binn., 509. Dall., 312. 2 Johns., Ch. R., 164. 2 S. & R., 382. Cowen, 530. 8 Wend., 85. ✓ Pet., 243.] Of Trial in Criminal Cases, and the Rights of a Defendant.
ART. 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 ascer. tained 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.
Of Trial in Civil Cases. ART. 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. [See 8 Whcat., 85, 674.]
Of Bails and Fines. ART. VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. [See 20 Johns., 457. 3 Cowen, 686.]
Of Rights Reserved. ART. IX. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others, retained by the people.
Or Powers Reserved to the States. Art. 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. [1 Wheat., 325.]
Third Congress, Second Session, December 2, 1793.
Of the Judicial Power-See Art. 3, Sec. 2. ART. XI. The judicial power of the United States shall not be construed to extend to any suit, in law or equity, commenced or prosecuted against one of the United States, by citizens of another State, or by citizens or subjects of any foreign State. [See 6 Wheat., 405. 1 Pet., 110. 7 Pet., 627.]
Eighth Congress, First Session, October 17, 1803. Manner of Electing the President and Vice President. ART. XII. 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 per
* On the first Wednesday in December, by act of Congress, 1st March, 1792.
son voted for as President, and in distinct ballots the person voted for as Vice President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the nụmber 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 th9 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 a choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice Presi
* Before the 1st Wednesday in January, by act of Congress, ist March, 1792. fon the 2d Wednesday in February, by the same act.
dent shall be the Vice President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice Pesident of the United States.
Slavery Prohibited-13th Amendment, passed 1805. ART. XIII. SECT. 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.
SECT. 2. Congress shall have power to enforce this article by appropriate legislation.
14th Amendment. SECT. I. All persons born or naturalized in the United States, and subject to the jurisdiction there. of, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. Nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
SECT. II. Representatatives shall be appointed among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed; but whenever the right to vote at any election for electors of President and Vice President, or for United States Representatives in Congress, executive and judicial officers, 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.
SEC. III. No person shall, be a Senator or Representative in Congress, 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.
Sec. IV. The validity of the public debt of the United States authorized by law, including debts incurred for the payment of pensions and bounties for service 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 re