The Government Class Book by Andrew W. Young

A >> Andrew W. Young >> The Government Class Book

Pages:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26

_Amendments_ are provided for only by a convention. The legislature may
provide for a vote of the people, and if a majority of the votes are in
favor of a convention, an election of delegates is to be held within six
months.

California.

The constitution of this state was adopted November 13, 1849; and the
state was admitted by act of congress, September 9, 1850.

_Electors._ White male citizens of the United States, and white male
citizens of Mexico having elected to become citizens of the United
States under the treaty of peace, who have resided in the state six
months, and in the county or district thirty days.

_Legislature._ Senate and assembly. Members of assembly, the number to
be not less than thirty, nor greater than eighty, are chosen annually by
districts. Senators, not to be less than one-third nor more than
one-half of the number of members of assembly, are elected by districts
for two years, one-half every year. Members of both houses must have
resided in the state two years, and in their respective districts one
year, and be qualified voters. They are apportioned every five years.

Bills, rejected by the governor, must be passed by a majority of
two-thirds of each house, to become a law. Bills become laws if not
returned by the governor within ten days, unless the legislature shall
sooner adjourn.

_Executive._ A governor and a lieutenant-governor are elected for two
years. Age, twenty-five years, and two years' residence in the state.

A secretary of state, a controller, a treasurer, an attorney-general,
and a surveyor-general, are elected for two years, by joint vote of the
two houses.

_Judiciary._ A supreme court, district courts, county courts, justices
of the peace, and such municipal and other inferior courts as the
legislature may establish. The supreme court consists of three judges
elected by the electors of the state for six years, one every two years;
the senior justice in commission to be chief-justice. District judges
are elected in their respective districts for six years. A judge of the
county court is elected in each county for four years, and performs also
the duties of judge of probate. The number of justices of the peace
elected in each county, city, town, or village, is fixed by law.

The election of sheriffs, coroners, county clerks and certain other
officers, is provided for by law.

_Amendments_ must be agreed to by majorities of all the members of the
two houses of two successive legislatures, and ratified by the people.
The legislature may, by two-thirds majorities, submit to the people the
question of calling a convention for a general revision of the
constitution.

Minnesota.

This state was admitted into the union in 1858.

_Electors._ White male citizens having resided in the United States one
year, and in the state four months. Also foreigners who have so resided,
and declared their intention to become citizens; and persons of mixed
white and Indian blood, and of Indian blood, under certain regulations.

_Legislature._ A senate and a house of representatives. The first
legislature consisted of thirty-seven senators and eighty
representatives.

_Executive._ A governor and a lieutenant-governor are elected for two
years.

A secretary of state, a treasurer, and an attorney-general, are elected
for two years, and a state auditor for three years.

_Judiciary._ The judicial power is vested in a supreme court, district
courts, courts of probate, justices of the peace, and such other courts
inferior to the supreme court, as the legislature may establish by a
two-thirds vote.

Constitution of the United States.

We, the people of the United States, in order to form a more perfect
union, establish justice, insure domestic tranquillity, 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. 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.

Sec. 2. The house of representatives shall be composed of
members chosen every second year, by the people of the several states;
and the electors in each state shall have the qualifications requiste
for electors of the most numerous branch of the state legislature.

No person shall be a representative who shall not have attained to the
age of twenty-five years, and 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.

Representatives and direct taxes shall be apportioned among the several
states which may be included within this union, according to their
respective numbers, which shall be determined by adding to the whole
number of free persons, including those bound to service for a term of
years, and excluding Indians not taxed, three-fifths of all other
persons. 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 representatives shall not exceed one for every
thirty thousand, but each state shall have at least one representative;
and until such enumeration shall be made, the state of New Hampshire
shall be entitled to choose _three_; Massachusetts, _eight_; Rhode
Island and Providence Plantations, _one_; Connecticut, _five_; New York,
_six_; New Jersey, _four_; Pennsylvania, _eight_; Delaware, _one_;
Maryland, _six_; Virginia, _ten_; North Carolina, _five_; South
Carolina, _five_; and Georgia, _three_.

When vacancies happen in the representation from any state, the
executive authority thereof shall issue writs of election to fill such
vacancies.

The house of representatives shall choose their speaker and other
officers, and shall have the sole power of impeachment.

Sec. 3. The senate of the United States shall be composed of
two senators from each state, chosen by the legislature thereof, for six
years; and each senator shall have one vote.

Immediately after they shall be assembled in consequence of the first
election, they shall be divided as equally as may be, into three
classes. The seats of the senators of the first class shall be vacated
at the expiration of the second year; of the second class at the
expiration of the fourth year; and of the third class at the expiration
of the sixth year; so that one-third may be chosen every second year;
and if vacancies happen, by resignation or otherwise, during the recess
of the legislature of any state, the executive thereof may make
temporary appointments, until the next meeting of the legislature, which
shall then fill such vacancies.

No person shall be a senator who shall not have attained to the age of
thirty years, and been nine years a citizen of the United States, and
who shall not, when elected, be an inhabitant of that state for which he
shall be chosen.

The vice-president of the United States shall be president of the
senate, but shall have no vote, unless they be equally divided.

The senate shall choose their other officers, and also a president pro
tempore, in the absence of the vice-president, or when he shall exercise
the office of president of the United States.

The senate shall have the sole power to try all impeachments: when
sitting for that purpose, they shall be on oath or affirmation. When the
president of the United States is tried, the chief-justice shall
preside; and no person shall be convicted without the concurrence of
two-thirds of the members present.

Judgment, in cases of impeachment, shall not extend further than to
removal from office, and disqualification to hold and enjoy any 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.

Sec. 4. The times, places and manner of holding elections for
senators and representatives, shall be prescribed in each state by the
legislature thereof; but the congress may at any time, by law, make or
alter such regulations, except as to the places of choosing senators.

The congress shall assemble at least once in every year; and such
meeting shall be on the first Monday in December, unless they shall, by
law, appoint a different day.

Sec. 5. Each house shall be the judge of the elections, returns
and qualifications of its own members; and a majority of each shall
constitute a quorum to do business; but a smaller number may adjourn
from day to day, and may be authorized to compel the attendance of
absent members, in such manner, and under such penalties, as each house
may provide.

Each house may determine the rules of its proceedings, punish its
members for disorderly behavior, and, with the concurrence of
two-thirds, expel a member.

Each house shall keep a journal of its proceedings, and from time to
time publish the same, excepting such parts as may, in their judgment,
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.

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.

Sec. 6. 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 attendance 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.

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.

Sec. 7. All bills for raising revenue shall originate in the
house of representatives; but the senate may propose, or concur with,
amendments, as on other bills.

Every bill which shall have passed the house of representatives and the
senate, shall, before it become 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 objections, 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 president within
ten days (Sundays excepted) after it shall have been presented 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.

Every order, resolution, or vote, to which the concurrence of the senate
and house of representatives may be necessary, (except on a question of
adjournment,) shall be presented to the president of the 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 house of representatives, according to the rules and limitations
prescribed in the case of a bill.

Sec. 8. The congress shall have power:

To lay and collect taxes, duties, imposts, and excises to pay the debts
and provide for the common defense, and general welfare of the United
States; but all duties, imposts, and excises shall be uniform throughout
the United States:

To borrow money on the credit of the United States:

To regulate commerce with foreign nations, and among the several states,
and with the Indian tribes:

To establish a uniform rule of naturalization, and uniform laws on the
subject of bankruptcies throughout the United States:

To coin money; to regulate the value thereof, and of foreign coin; and
fix the standard of weights and measures:

To provide for the punishment of counterfeiting the securities and
current coin of the United States:

To establish post offices and post roads:

To promote the progress of science and useful arts, by securing for
limited times, to authors and inventors, the exclusive right to their
respective writings and discoveries:

To constitute tribunals inferior to the supreme court:

To define and punish piracies and felonies committed on the high seas,
and offenses against the law of nations:

To declare war; grant letters of marque and reprisal; and make rules
concerning captures on land and water:

To raise and support armies; but no appropriation of money to that use
shall be for a longer term than two years:

To provide and maintain a navy:

To make rules for the government and regulation of the land and naval
forces:

To provide for calling forth the militia to execute the laws of the
union, suppress insurrections, and repel invasions:

To provide for organizing, arming and disciplining the militia, and for
governing such part of them as may be employed in the 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:

To exercise exclusive legislation in all cases whatsoever, over such
district (not exceeding ten miles square) as may, by cession of
particular states, and the acceptance of congress, become the seat of
the government of the United States, and to exercise like authority over
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,
dock-yards, and other needful buildings: And,

To make all laws which shall be necessary and proper for carrying into
execution the foregoing powers, and all other powers vested by this
constitution in the government of the United States, or in any
department or officer thereof.

Sec. 9. 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 such person:

The privilege of the writ of habeas corpus shall not be suspended unless
when, in cases of rebellion or invasion, the public safety may require
it.

No bill of attainder or ex post facto law shall be passed.

No capitation or other direct tax shall be laid, unless in proportion to
the census or enumeration hereinbefore directed to be taken.

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.

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 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.

Sec. 10. 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 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, 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 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:

Each state shall appoint, in such manner as the legislature thereof may
direct, a number of electors equal to the whole number of senators and
representatives to which the state may be entitled in the congress; but
no senator or representative, or person holding an office of trust or
profit under the United States, shall be appointed an elector.

The electors shall meet in their respective states, and vote by ballot
for two 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 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.

[By the 12th article of amendment, the above clause has been repealed.]

The congress may determine the time of choosing the electors, and the
day on which they shall give their votes, which day shall be the same
throughout the United States.

No person, except a natural born citizen, or a citizen of the United
States at the 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.

In case of the removal of the president from office, or of his death,
resignation, or inability to discharge the powers and duties of the said
office, the same shall devolve on the vice-president, and the congress
may, by law, provide for the case of removal, 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 disability be removed, or a president shall be
elected.

The president shall, at stated times, receive for his services a
compensation, which shall neither be increased nor diminished during the
period for which he shall have been elected; and he shall not receive,
within that period, any other emolument from the United States, or any
of them.

Before he enter on the execution of his office, he shall take the
following oath or affirmation:

"I do solemnly swear (or affirm) that I will faithfully 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.

Sec. 2. The president shall be commander-in-chief of the army
and navy of the United States, and of the militia of the several states,
when called into the 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
respective offices; and he shall have power to grant reprieves and
pardons for offenses against the United States, except in cases of
impeachment.

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 consent 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 provided for, and which shall be
established by law: but the congress 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.

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.

Sec. 3. 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
commission all the officers of the United States.

Sec. 4. The president, vice-president, and all civil officers
of the United States, shall be removed from office on impeachment for,
and conviction of, treason, bribery, or other high crimes and
misdemeanors.

Article III.

Section 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.

Sec. 2. 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; between citizens
of different states; between citizens of the same state claiming lands
under grants of different states; and between a state, or the citizens
thereof; and foreign states, citizens or subjects.

In all cases affecting ambassadors, other public ministers and consuls,
and those in which a state shall be a party, the supreme court shall
have original jurisdiction. In all the other cases before mentioned, the
supreme court shall have appellate jurisdiction, both as to law and
fact, with such exceptions, and under such regulations, as the congress
shall make.

The trial of all crimes, except in cases of impeachment, shall be by
jury; and such trial shall be held in the state where the said crimes
shall have been committed; but when not committed within any state, the
trial shall be at such place or places as the congress may by law have
directed.

Sec. 3. 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.

Pages:
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26