Gambar halaman
PDF
ePub

Article XVII

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.

Article XVIII

SECTION 1. 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.

SEC. 2. The Congress and the several States shall have concurrent. power to enforce this article by appropriate legislation.

SEC. 3. 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.

Article XIX

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.

Article XX

SECTION 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d 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.

SEC. 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.

SEC. 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 elect 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.

SEC. 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.

SEC. 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

SEC. 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.

Article XXI

SECTION. 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.

SEC. 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.

SEC. 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.

LAWS APPLICABLE TO THE UNITED STATES DEPARTMENT OF

AGRICULTURE

THE CONGRESS

LIBRARY OF CONGRESS

1. Transfer to Library of Congress of books from executive Departments. The head of any Executive department or bureau or any commission of the Government is hereby authorized from time to time to turn over to the Librarian of Congress, for the use of the Library of Congress, any books, maps, or other material in the library of the department, bureau, or commission no longer needed for its use, and in the judgment of the Librarian of Congress appropriate to the uses of the Library of Congress. (Feb. 25, 1903, sec. 1, 32 Stat. 865; 2 U. S. C., sec. 148.)

2. Privilege of using and drawing books.-The Joint Committee on the Library is authorized to grant the privilege of using and drawing books from the Library, in the same manner and subject to the same regulations as members of Congress, to any of the following persons: First. Heads of Departments. (R. S., sec. 94; 2 U. S. C., sec. 137a.)

*

**

*

EXECUTIVE DEPARTMENTS, GOVERNMENT OFFICERS, AND

EMPLOYEES

GENERAL PROVISIONS

3. Compensation of heads of executive departments.-The compensation of the ** *heads of Executive Departments who are mem

bers of the President's Cabinet shall be at the rate of fifteen thousand dollars per annum each. (R. S., sec. 160; Mar. 4, 1925, sec. 4, 43 Stat. 1301; 5 U. S. C., sec. 3.)

4. Vacancies in office of department heads.-In case of the death, resignation, absence, or sickness of the head of any Department, the first or sole assistant thereof shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine [5 U. S. C., sec. 6], perform the duties of such head until a successor is appointed, or such absence or sickness shall cease. (R. S., sec. 177; 5 U. S. C., sec. 4.)

5. Vacancies in subordinate offices.-In case of the death, resignation, absence, or sickness of the chief of any Bureau, or of any officer thereof, whose appointment is not vested in the head of the Department, the assistant or deputy of such chief or of such officer, or if there be none, then the chief clerk of such Bureau, shall, unless otherwise directed by the President, as provided by section one hundred and seventy-nine [5 U. S. C., sec. 6], perform the duties of such chief or of such officer until a successor is appointed or such absence or sickness shall cease. (R. S., sec. 178; 5 U. S. C., sec. 5.)

1

6. Discretionary authority of the President as to vacancies.-In any of the cases mentioned in the two preceding sections [5 U. S. C., secs. 4, 5], except the death, resignation, absence, or sickness of the Attorney General, the President may, in his discretion, authorize and direct the head of any other Department or any other officer in either Department, whose appointment is vested in the President, by and with the advice and consent of the Senate, to perform the duties of the vacant office until a successor is appointed, or the sickness or absence of the incumbent shall cease. (R. S., sec. 179; 5 U. S. C., sec. 6.)

7. Temporary appointments limited.-A vacancy occasioned by death or resignation must not be temporarily filled under the three preceding sections [5 U. S. C., secs. 4, 5, 6] for a longer period than thirty days. (R. S., sec. 180; Feb. 6, 1891, 26 Stat. 733; 5 U. S. C., sec. 7.)

8. Restriction on manner of temporary appointments to fill vacancies.— No temporary appointment, designation, or assignment of one officer to perform the duties of another, in the cases covered by sections one hundred and seventy-seven and one hundred and seventy-eight [5 U. S. C., secs. 4, 5], shall be made otherwise than as provided by those sections, except to fill a vacancy happening during a recess of the Senate. (R. S., sec. 181; 5 U. S. C., sec. 8.)

9. Extra compensation for duties performed while filling vacancies.An officer performing the duties of another office, during a vacancy, as authorized by sections one hundred and seventy-seven, one hundred and seventy-eight, and one hundred and seventy-nine [5 U. S. C., secs. 4, 5, 6], is not by reason thereof entitled to any other compensation than that attached to his proper office. (R. S., sec. 182; 5 U. S. C., sec. 9.)

10. Commissions.

That hereafter the commissions of all officers

* * *

under the direction and control of the Secretary of Agriculture shall be made out and recorded in the respective Departments under which they are to serve, and the Department seal affixed thereto, any laws to the contrary notwithstanding: Provided, That the said seal shall not be affixed to any such commission before the same shall have been signed by the President of the United States. (Mar. 28, 1896, 29 Stat. 75; 5 U. S. C., sec. 11.)

11. Oath of office.-Hereafter the oath to be taken by any person elected or appointed to any office of honor or profit either in the civil, military, or naval service, except the President of the United States, shall be: "I, A B, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." But this repeal shall not affect the oaths prescribed by existing statutes in relation to the performance of duties in special or particular subordinate offices and employments. (R. S., sec. 1757, May 13, 1884, secs. 2, 3, 23 Stat. 22; 5 U. S. C., sec. 16.)

12. Same; who may administer.-The oath of office required by the preceding section [5 U. S. C., sec. 16], may be taken before any officer who is authorized either by the laws of the United States, or by the

local municipal law, to administer oaths, in the State, Territory, or District where such oath may be administered. (R. S., sec. 1758, 12 Stat. 326; 5 U. S. C., sec. 18.)

13. Same; renewal by department employees. That employees of the Department of Agriculture who, upon original appointment, have subscribed to the oath of office required by section 1757 [5 U. S. C., sec. 16] of the Revised Statutes shall not be required to renew the said oath because of any change in status so long as their services are continuous, unless, in the opinion of the Secretary of Agriculture, the public interests require such renewal. (Jan. 31, 1925, sec. 3, 43 Stat. 803; 5 U. S. C., sec. 17.)

14. Same; to employees administered without compensation. And no officer, clerk, or employee of any executive department who is also a notary public or other officer authorized to administer oaths, shall charge or receive any fee or compensation for administering oaths of office to employees of such department required to be taken on appointment or promotion therein.

And the chief clerks of the several Executive Departments and of the various bureaus and offices thereof in Washington, District of Columbia, are hereby authorized and directed, on application and without compensation therefor, to administer oaths of office to employees required to be taken on their appointment or promotion. (Aug. 29, 1890, sec. 1, 26 Stat. 371; 5 U. S. C., secs. 19, 20.)

15. Same; custody of.-The oath of office taken by any person pursuant to the requirements of section seventeen hundred and fiftvseven [5 U. S. C., sec. 16] shall be delivered in by him to be preserved among the files of the House of Congress, Department, or court to which the office in respect to which the oath is made may appertain. (R. S., sec. 1759; 5 U. S. C., sec. 21.)

16. Affidavit by appointed officer; no consideration paid for appointment. That each individual hereafter appointed as a civil officer of the United States by the President, by and with the advice and consent of the Senate, or by the President alone, or by a court of law, or by the head of a department, shall, within thirty days after the effective date of his appointment, file with the Comptroller General of the United States an affidavit stating that neither he nor anyone. acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing such appointment. (Dec. 11, 1926, sec. 1, 44 Stat. 918; Mar. 2, 1927, 44 Stat. 1346; 5 U. S. C., sec. 21a.)

17. Same; failure to make affidavit; penalty.-No salary shall be paid to any individual required under section 1 [5 U. S. Č., sec. 21a] to file an affidavit until such affidavit has been filed. (Dec. 11, 1926, sec. 2, 44 Stat. 919; 5 U. S. C., sec. 21b.)

18. Department regulations.-The head of each Department is authorized to prescribe regulations, not inconsistent with law, for the government of his Department, the conduct of its officers and clerks, the distribution and performance of its business, and the custody, use, and preservation of the records, papers, and property appertaining to it. (R. S., sec. 161; 5 U. S. C., sec. 22.)

19. Supervision of subordinate clerks.-Each chief clerk in the several Departments, and Bureaus, and other offices connected with the Departments, shall supervise, under the direction of his immediate

« SebelumnyaLanjutkan »