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Authors: James A. Michener

Tags: #Iran-Contra Affair; 1985-1990, #Sociology, #Customs & Traditions, #General, #Fiction - General, #Historical fiction, #Large type books, #Fiction, #Social Science

Legacy (16 page)

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154

SECTION 3 (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. (2) The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfei- ture except during the life of the person attainted.

Article IV

SECTION 1 Full faith and credit shall be given in each State to the public acts, records, and judi- cial proceedings of every other State. And the Congress may by general laws prescribe the man- ner in which such acts, records and proceedings shall be proved, and the effect thereof.

SECTION 2 (1) The citizens of each State shall be entitled to all privileges and immunities of citi- zens 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. (3) No person held to service or labor in one

State, under the laws thereof, escaping into another, shall, in consequence of any law or regu- lation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.

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SECTION 1 (1) New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by 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 all needful rules and regulations respecting the territory or other property belong- ing to the United States; and nothing in this Consti- tution shall be so construed as to,prejudice any claims of the United States, or of any particular State.

SECTION 4 The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legisla- ture, or of the executive (when the legislature can- not be convened) against domestic violence.

Article V

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the appli- cation of the legislatures of two thirds of the sev- eral States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Consti- tution, when ratified by the legislatures of three fourths of the several States, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress: Provided that no amendment which may be made

prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first arti- cle; and that no State, without its consent, shall be - deprived of its equal suffrage in the Senate.

Article VI

SECTION I All debts contracted and engage- ments entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

SECTION 2 This Constitution, and the laws of the United States which shall be made in pursu- ance thereof: and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, any- thing in the constitution or laws of any State to the contrary notwithstanding.

SECTION 3 The Senators and Representatives before mentioned, and the members of the several State legislatures, and all executive and judicial officers, both of the United States and of the sev- eral States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

Article VII The ratification of the conventions of nine States, shall be sufficient for the establishment of this

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Constitution between the States so ratifying the same.

DONE in Convention by the unanimous consent of the States present the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty-seven, and of the inde- pendence of the United States of America the twelfth.

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Pennsylvania. BENJAMIN FRANKLIN ROBERT MORRIS THOMAS FITZSIMONS JAMES WILSON THOMAS MIFFLIN GEORGE CLYMER JARED INGERSOLL GOUVERNEUR MORRIS

In Witness whereof We have hereunto subscribed our Names.

GEORGE WASHINGTON President and deputy from Virginia

New Hampshire. JOHN LANGDON - NICHOLAS GILMAN

Massachusetts. NATHANIEL GORHAM RUFUS KING

New Jersey. WILLIAM LIVINGSTON DAVID BREARLEY WILLIAM PATERSON JONATHAN DAYTON

Georgia. WILLIAM FEW ABRAHAM BALDWIN

Connecticut. WILLIAM SAMUEL, JOHNSON. ROGER SHERMAN

New York. ALEXANDER HAMILTON

Maryland. JAMES MCHENRY DANIEL CARROL DANIEL OF ST. THOMAS JENIFER

Virginia. JOHN BLAIR JAMES MADISON JR.

North Carolina WILLIAM BLO HUGHWILLIAM RICHARD DOBBI SPAIGHT

South Carolina. JOHN RUTLEDGE CHARLES PINCKNEY CHARLES COTESWORTH PINCKNEY PIERCE BUTLER

Delaware. GEORGE READ JOHN DICKINSON JACOB BROOM Attest: GUNNING BEDFORD, JR.WILLIAM JACKSON, RICHARD BASSETT Secretary

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ARTICLES in addition to and AMENDMENTS of the Constitution of the United States of America, pro- posed by Congress, and ratified by the legislature of the several States, pursuant to the fifth article of the original Constitution.

Article 1*

Congress shall make no law respecting an estab- lishment of religion, or prohibiting the free exer- cise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Article H

A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.

Article HI

No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Article IV The right of the people to be secure in their per- sons, houses, papers, and effects, against unrea- sonable searches and seizures, shall not be vio- lated, and no warrants shall issue, but upon

*The first ten Amendments were adopted in 1791.

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probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a pre- sentment 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 or public danger; nor shall any person be subject for the same offense 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 be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article 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 ascertained 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 favour, and to have the assistance of counsel for his defense.

Article VII

In suits at commoii law, where the value in con- troversy shall exceed twenty dollars, the right of

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trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. ,

Article VHI

Excessive bail shall not be required, nor exces- sive fines imposed, nor cruel and unusual punish- ments inflicted.

Article IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article 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.

Article 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.

*Ratified in 1795; proclaimed in 1798.

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Article X11*

The electors shall meet in their respective States and vote by ballot for President and Vice Presi- dent, one of whom, at least, shall not be an inhab- itant of the same State with themselves; they shall name in their ballots the person voted for as Presi- dent, 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 per- sons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the gov- ernment of the United States, directed to the presi- dent 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 per- son 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 bal- lot, the President. But in choosing the President, the votes shall be taken by States, the representa- tion 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 Presi- dent whenever the right of choice shall devolve upon them, before the fourth day of March next

*Adopted in 1804.

164

following, then the Vice President shall act as Pre- sident, as in the case of the death or other constitu- tional disability of the President;-The person having the greatest number of votes as Vice Presi- 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 Sen- ate 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 per- son constitutionally ineligible to the office of Presi- dent shall be eligible to that of Vice President of the United States.

Article XIII*

SECTION 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.

SECTION 2 Congress shall have power to enforce this article by appropriate legislation.

Article XIVJ

SECTION 1 , All persons born or naturalized in the United States, and subject to the jurisdiction

thereof, are citizens of the United States and of the State wherein they reside. No State shall make or

*Adopted in 1865. tAdopted in 1868.

16 R

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 any person within its jurisdiction the equal pro- tection of the laws.

SECTION 2 Representatives 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 when the right to vote at any election for the choice of electors for President and Vice Presi- dent of the United States, Representatives in Con- gress, the executive and judicial offices of a State, 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 partici- pation 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.

SECTION 3 No person shall be a Senator or Representative in Congress, or elector of Presi- dent 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

166

thereof. But Congress may by a vote of two thirds of each House, remove such disability.

SECTION 4 The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services 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 rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

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