accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. 13. SEC. 10. No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisals; 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 obligation of contracts, () or grant any title of nobility. No state shall, without the consent of the congress, lay any imposts or duties on imports or exports (e) 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. power. 14. SECTION 1. The executive power shall be vested in a president of the United Executive States of America. He shall hold his office during the term of four years, and, together President. with the vice-president, chosen for the same term, be elected, as follows: Vice-president. 15. Each state shall appoint, in such manner as the legislature thereof may direct, Electors. 16. [The electors shall meet in their respective states, and vote by ballot for two vote of electors. persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons 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 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 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 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 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. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice-president. But if there should remain two or more who have equal votes, the senate shall choose from them by ballot the vice-president.] (d) 17. The congress may determine the time of choosing the electors, and the day on Time of choosing which they shall give their votes; which day shall be the same throughout the United States. electors. vote. ifications. 18. No person except, a natural-born citizen, or a citizen of the United States at the President's qual time of the adoption of this constitution, 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. 19. In case of the removal of the president from office, or of his death, resignation, Vacancy in presor inability to discharge the powers and duties of the said office, the same shall devolve idential office. on the vice-president, and the congress may by law provide for the case of removal, tax upon bills of lading for transportation of gold or silver from this state to another, is in conflict with this clause, Brummagim vs. Tillinghast, 18 Cal. 265. The act of May 3d, 1852, providing for appointment of a gauger at San Francisco, was not unconstitutional as imposing duties on imports by state authority, because a state has a right to pass inspection laws, and this involves the power of enforcing them by adequate provisions to pay inspecting officers, Addison vs. Saulnier, 19 Cal. 82. (4) This paragraph is superseded by Article XII. of the Amendments to the Constitution, post, 52. Salary of president. Oath of president. Commander-in chief. death, resignation, or inability, both of the president and vice-president, declaring what officer shall then act as president, and such officer shall act accordingly, until the di ability be removed, or a president shall be elected. 20. The president shall, at stated times, receive for his services, a compensatio which shall neither be increased nor diminished during the period for which he sh: 1 have been elected, and he shall not receive within that period any other emolume t from the United States, or any of them. 21. Before he enter on the execution of his office, he shall take the following oa or affirmation:-"I do solemnly swear (or affirm) that I will faithfully execute te office of president of the United States, and will, to the best of my ability, preserv, protect and defend the constitution of the United States." Powers and du- 22. SEC. 2. The president shall be commander-in-chief of the army and navy of ta ties of president. United States, and of the militia of the several states, when called into the actual se vice of the United States; he may require the opinion, in writing, of the princip 1 officer in each of the executive departments, upon any subject relating to the duties their respective offices, and he shall have power to grant reprieves and pardon fr offenses against the United States, except in cases of impeachment. Official opinions. pardons. Treaties. Appointment of officers. Filling vacancies. Messages. Calling together and adjourning He shall have power, by and with the advice and consent of the senate, to ma treaties,() provided two-thirds of the senators present concur; and he shall nominat, and by and with the advice and consent of the senate, shall appoint ambassado other public ministers and consuls, judges of the supreme court, and all other office s of the United States, whose appointments are not herein otherwise provided for, a 1 which shall be established by law; but the congress may by law vest the appointme t of such inferior officers, as they think proper, in the president alone, in the courts law, or in the heads of departments. The president shall have power to fill up all vacancies that may happen during t › recess of the senate, by granting commissions which shall expire at the end of ther next session. 23. SEC. 3. He shall from time to time give to the congress information of the sta of the Union, and recommend to their consideration such measures as he shall jud ə necessary and expedient; he may, on extraordinary occasions, convene both hous or either of them, and in case of disagreement between them, with respect to the tire of adjournment, he may adjourn them to such time as he shall think proper: he sh 1 Commissions to receive ambassadors and other public ministers; he shall take care that the laws e faithfully executed, and shall commission all the officers of the United States. congress. Removal of offi 24. SEC. 4. The president, vice-president and all civil officers of the United Stat↳ cers on impeach- shall be removed from office on impeachment for, and conviction of, treason, bribe, or other high crimes and misdemeanors. ments. Judicial depart ment. ARTICLE III. 25. SECTION 1. The judicial power of the United States shall be vested in o e Supreme and in- supreme court, and in such inferior courts as the congress may from time to ti e ferior courts. ordain and establish.(") The judges, both of the supreme and inferior courts, sh l Judges' terms of hold their offices during good behavior, and shall, at stated times, receive for ther pensation. services a compensation which shall not be diminished during their continuance office. office and com Judicial power. Jurisdiction of supreme court. 26. SEC. 2. The judicial power shall extend to all cases, in law and equity, arisi g under this constitution, the laws of the United States, and treaties made, or whi h shall be made, under their authority;-to all cases affecting ambassadors, other pub c ministers, and consuls;-to all cases of admiralty and maritime jurisdiction;(e) — 0 controversies to which the United States shall be a party;-to controversies betwe n two or more states;-between a state and citizens of another state;-between citize s of different states;-between citizens of the same state claiming lands under grants f different states, and between a state, or the citizens thereof, and foreign states, citize s or subjects.(4) 27. In all cases affecting ambassadors, other public ministers and consuls, and the e Original jurisdic- in which a state shall be party, the supreme court shall have original jurisdiction. all the other cases before mentioned, the supreme court shall have appellate jurisdi tion. () A treaty made by the United States, removing the disability of aliens to inherit, is valid and within the intent of the constitution, People vs. Gerke, 5 Cal. 381. () Congress cannot confer jurisdiction upon a state court, Ex parte, Knowles, 5 Cal. 300. () The states are not deprived by the constitution of the power to confer upon their own courts all admiralty and mara time jurisdiction, and congress has no power to make this jur tion, both as to law and fact, with such exceptions, and under such regulations as the Appellate juriscongress shall make.(") diction. 28. The trial of all crimes, except in cases of impeachment, shall be by jury; and Trial of crimes. such trial shall be held in the state where the said crimes shall have been committed; Jury trial, except on impeach but when not committed within any state, the trial shall be at such place or places as ment. the congress may by law have directed. 29. SEC. 3. Treason against the United States shall consist only in levying war Treason, what. against them, or in adhering to their enemies, giving them aid and comfort. No per son shall be convicted of treason unless on the testimony of two witnesses to the same Evidence. overt act, or on confession in open court. The congress shall have power to declare the punishment of treason, but no attain- Punishment. der of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV. of states and 30. SECTION 1. Full faith and credit shall be given in each state to the public acts, Acts and records records, and judicial proceedings of every other state. And the congress may by gen- their proof. eral laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.(*) 31. SEC. 2. The citizens of each state shall be entitled to all privileges and immuni- Privileges of ties of citizens in the several states.(*) citizens. A person charged in any state with treason, felony, or other crime, who shall flee Fugitives from from justice, and be found in another state, shall, on demand of the executive author- justice. ity of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.(4) 32. No person held to service or labor in one state, under the laws thereof, escaping Fugitives from into another, shall, in consequence of any law or regulation therein, be discharged from service or labor. such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due.() states. 33. SEC. 3. New states may be admitted by the congress into this Union; but no New states. new state shall be formed or erected within the jurisdiction of any other state; nor Integrity of 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. 34. The congress shall have power to dispose of and make all needful rules and reg- Territorial and ulations respecting the territory or other property belonging to the United States; and other property. Rules and regunothing in this constitution shall be so construed as to prejudice any claims of the lations. United States, or of any particular state. of government. 35. SEC. 4. The United States shall guarantee to every state in this Union a republi- Republican form can form of government, and shall protect each of them against invasion; and on Protection application of the legislature, or of the executive (when the legislature cannot be con- against invavened), against domestic violence. sion, &c. ARTICLE V. 36. The congress, whenever two-thirds of both houses shall deem it necessary, shall Amendments. propose amendments to this constitution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, Conventions. which, in either case, shall be valid to all intents and purposes, as part of this constitution, 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 Proviso. 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 article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate. (*) The supreme court cannot exercise appellate jurisdiction ver state courts, Johnson vs. Gordon, 4 Cal. 368. But see Ferris vs. Coover, 11 Cal. 176. (*) The record of a judgment in another state certified in conformity with the act of congress, is admissible in evidence in this State; but the legislature of this State has power to require a less amount of proof, Parke vs. Williams, 7 Cal. 247. () The revenue act of May 18th, 1853 (providing for tax on consigned goods), does not violate this clause, People vs. Cole man. 4 Cal. 46. The right of transit through the State with slaves, what will save a forfeiture, and "comity," discussed, Ex parte Archy, 7 Cal. 147. (4) Our courts cannot control the executive discretion in surrendering fugitives from justice, nor compel a surrender; but the executive having acted, its discretion may be inquired' into by the courts, Ex parte P. B. Manchester, 5 Cal. 237. () The right of a slaveholder over slaves brought to this State before the adoption of the constitution, and the police powers of the State over fugitive slaves, discussed, Ex parte Perkins, 2 Cal. 424. ARTICLE VI. Debts. Bupreme law of the land. Oath. No religious test. 37. All debts contracted and engagements entered into, before the adoption of thi constitution, shall be as valid against the United States under this constitution, as under the confederation. 38. This constitution, and the laws of the United States which shall be made in pur suance 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 stat shall be bound thereby, anything in the constitution or laws of any state to the con trary notwithstanding. 39. 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 several states, shall be bound by oath or affirmation to support thi constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VII. RATIFICATION OF CONSTITUTION. 40. The ratification of the conventions of nine states, shall be sufficient for the estab lishment of this 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 independence of the United States of America the twelfth. In witnes whereof we have hereunto subscribed our names. Amendments TO THE CONSTITUTION OF THE UNITED STATES, RATIFIED ACCORDING TO THE PROVISIONS ARTICLE I. 41. CONGRESS shall make no law respecting an establishment of religion, or prohibit- Free exercise of religion, &c. ing the free exercise 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. [Amendment, proposed 25th September, 1789; ratified, 15th December, 1791. ARTICLE II. arms. 42. A well-regulated militia, being necessary to the security of a free state, the right Right to bear of the people to keep and bear arms shall not be infringed. [Amendment, proposed 25th September, 1789; ratified 15th December, 1791. ARTICLE III. 43. No soldier shall, in time of peace be quartered in any house, without the con- No soldier to be sent of the owner, nor in time of war, but in a manner to be prescribed by law. billeted, &c. [Amendment, proposed 25th September, 1789; ratified 15th December, 1791.] ARTICLE IV. ited. 44. The right of the people to be secure in their persons, houses, papers, and effects, Unreasonable searches prohibagainst unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. [Amendment, proposed 25th September, 1789; ratified 15th December, 1791. ARTICLE V. 45. No person shall be held to answer for a capital, or otherwise infamous crime, Criminal prounless on ceedings. 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 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. [Amendment, proposed 25th September, 1789; ratified, 15th December, 1791. ARTICLE VI. 46. In all criminal prosecutions, the accused shall enjoy the right to a speedy and Mode of trial, 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 favor, and to have the assistance of counsel for his defense. [Amendment, proposed 25th September, 1789; ratified 15th December, 1791. ARTICLE VII. 47. In suits at common law, where the value in controversy shall exceed twenty Rights of trial dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall by jury. be otherwise re-examined in any court of the United States, than according to the rules of the common law. [Amendment, proposed 25th September; 1789; ratified 15th December, 1791. ARTICLE VIII. 48. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and Bail Fines. unusual punishments inflicted. [Amendment, proposed 25th September, 1789; ratified 15th December, 1791. |