The U.S. Constitution ARTICLE I

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ARTICLE I Section 1

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.

Section 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 requisite 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 chuse 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 chuse their Speaker and other Officers;and shall have the sole Power of Impeachment.

Section 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 chuse 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.

Section 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 chusing 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.

Section 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 Behaviour, 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.

Section 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 encreased 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.

Section 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.

Section 8

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence 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 an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, 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.

Section 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 each 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 herein before 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.

Section 10

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing 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 it's 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 Controul 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.

美国宪法第一条

第一条

第一款本宪法所授予的全部立法权均属于由参议院和众议院组成的合众国国会。

第二款众议院由各州人民每两年选举产生的议员组成,每州的选举人应具备该州州议会人数最多一院的选举人所需具备的资格。

年龄未满25岁,为合众国公民未满7年以及当选时非其选出州居民者,不得为众议院议员。

众议院人数和直接税税额均应按本联邦所辖各州的人口比例分配于各州,各州人口数目指自由人总数加上所有其他人口的3/5。自由人总数包括必须在一定年限内服役的人,但不包括未被征税的印地安人。人口的实际统计应于合众国国会第一次会议3年内,以及此后每10年内依照法律规定的方式进行。众议员人数以每3万人选出1人为限,但每州至少应有众议员1人。在实行此种人口统计前,新罕布什尔州可选出3人,马萨诸塞州8人,罗得岛州和普罗维登斯种植地1人,康涅狄格州5人,纽约州6人,新泽西州4人,宾夕法尼亚州8人,特拉华州1人,马里兰州6人,弗吉尼亚州10人,北卡罗莱纳州5人,南卡罗莱纳州5人,佐治亚州3人。

任何一州所选众议员中出现缺额时,该州行政长官应发布选举令以补足此项缺额。

众议院应选举该院议长和其他官员,并独自享有弹劾权。

第三款合众国参议院由每州州议会选出2名参议员组成,参议员任期6年,每名参议员有1票表决权。

参议员在第一次选举后集会时,应即尽可能平均分为三组:第一组参议员应于第2年年终改选,第二组参议员应于第4年年终改选,第3组参议员应于第6年年终改选,以便每两年改选参议员总数的1/3。

在任何一州州议会休会期间,如因辞职或其他原因出现参议员缺额,该州行政长官可在州议会召开下次会议补足缺额之前,任命临时参议员。

年龄未满30岁,为合众国公民未满9年以及当选时非其选出州居民者,不得为参议院议员。

合众国副总统应为参议院议长,但除非出现该院全体参议员的赞成票和反对票相等的情况,无表决权。

参议院应选定本院其他官员,遇副总统缺席或行使合众国总统职权时,并应选举临时议长。

参议院享有审理一切弹劾案的全权。因审理弹劾案而开庭时,参议员应进行宣誓或作郑重声明。合众国总统受审时,应由最高法院首席大法官主持审判,无论何人,非经出席参议员2/3人数同意,不得被定罪。

弹劾案的判决,应以免职和剥夺其担任和享有合众国荣誉职位、信任职位或高收益职位的资格为限;但被定罪者仍应依法接受起诉、审讯、判决和惩罚。

第四款举行参议员和众议员选举的时间、地点和方式,由各州州议会自行规定,但除选举参议员地点一项外,国会可随时以法律规定或改变此类规定。

国会每年至少应开会一次,除以法律另行指定日期外,会议应在12月第一个星期一举行。

第五款各院应自行审查本院议员的选举、选举结果报告和议员资格;各院议员出席过半数即构成议事的法定人数;不足法定人数时可逐日休会,并可依照各院规定的方式与罚则强迫缺席议员出席会议。

各院可制定其议事规则,处罚扰乱秩序的议员,并可经2/3人数同意开除议员。

各院应保持本院的会议记录,并不时予以公布,但各该院认为需要保密的那部分除外;各院议员对任何问题所投的赞成票和反对票应依出席议员1/5的请求,载入会议记录。

在国会开会期间,一院未经另一院同意不得休会3日以上,也不得从两院开会地点移往他处。

第六款参议员和众议员应取得由法律规定,并从合众国国库中支付的服务报酬。两院议员,除犯有叛国罪、重罪和妨害治安罪外,在出席各自议院会议期间和往返于各自议院途中不受逮捕;也不得因其在各自议院发表的演说或辩论而在其他任何地方受到质问。

参议员或众议员在其当选期内不得出任合众国当局在此期间设置或增加薪俸的任何文官职务;在合众国属下供职者,在其继续任职期间,不得担任国会任何一院的议员。

第七款所有征税议案应首先由众议院提出;但参议院可以如同对待其他议案一样,提出修正案或对修正案表示赞同。

众议院或参议院通过的每一议案,均应在成为法律之前送交合众国总统;总统如批准该议案,即应签署;如不批准,则应附上异议书将议案退还给提出该项议案的议院,该院应将总统异议详细载入本院会议记录,并进行复议。如复议后,该院2/3议员同意通过,即应将该议案连同异议书送交另一院,另一院亦应加以复议,如经该院2/3议员认可,该项议案即成为法律。但在这种情况下,两院的表决应以投赞成票和反对票决定,投赞成票或反对票的议员的姓名应分别载入各该院的会议记录。如议案在送交总统后10日内(星期日除外)未经退还,即视为业经总统签署,该项议案即成为法律;但如因国会休会而阻碍该议案退还,则该项议案不能成为法律。

凡须经参议院和众议院一致同意的命令、决议或表决(有关休会问题者除外)均应送交合众国总统,以上命令、决议或表决须经总统批准始能生效。如总统不予批准,则应按照对于议案所规定的规则与限制,由参议院和众议院2/3议员再行通过。

第八款国会拥有下列权力:

规定和征收直接税、间接税、进口税与货物税,以偿付国债、提供合众国共同防御与公共福利,但所有间接税、进口税与货物税应全国统一;

以合众国的名义借贷款项;

管理合众国与外国的、各州之间的以及与印地安部落的贸易;

制定全国统一的归化条例和破产法;

铸造货币,厘定国币和外币的价值,并确定度量衡的标准;

制定关于伪造合众国证券和通货的罚则;

设立邮局并开辟邮路;

保障著作家和发明家对其著作和发明在限定期间内的专利权,以促进科学与实用技艺的发展;

设立低于最高法院的各级法院;

明确划定并惩罚在公海上所犯的海盗罪与重罪以及违反国际法的犯罪行为;

宣战,颁发缉拿敌船许可证和报复性拘捕证,制定关于陆上和水上的拘捕条例;

招募陆军并供应给养,但此项用途的拨款期限不得超过两年;

装备海军并供应给养;规定征召民兵的组织、装备和纪律,规定可能征召为合众国服务的那部分民兵的管理办法;但民兵军官的任命和按照国会规定纪律训练民兵的权力由各州保留;

在任何情况下,对由某些州让与合众国,经国会接受,充作合众国政府所在地的区域(其面积不超过10平方英里)行使专有的立法权;并对经州立法机构同意由合众国在该州购买的一切用于修筑要塞、军火库、兵工厂、船厂及其他必要建筑物的地方行使同样权力。

制定为执行以上各项权力和依据本宪法授予合众国政府或政府中任何机关或官员的其他一切权力所必要的和恰当的法律。

第九款现有任何一州认为应予接纳的人员移居或入境时,国会在1808年以前不得加以禁止;但对入境者可征收每人不超过10美元的税金或关税。根据人身保护令享有的特权,除非在发生叛乱或遭遇入侵,公共治安需要停止此项特权时,不得中止。

不得通过公民权利剥夺法案或追溯既往的法律。

除按本宪法前文对人口普查或统计结果规定的比例征税外,不得征收人头税或其他直接税。

对于从任何一州输入的货物不得征收直接税或间接税。

任何贸易条例或税收条例不得给予一州港口以优于另一州港口的特惠,开往或来自一州的船舶不得强令其在另一州入港、出港或交纳关税。

除依据法律规定拨款外不得从国库支款;一切公款的收支报告和账目应不时予以公布。

合众国不得授予贵族爵位;在合众国担任任何信任职位或高收益职位者,未经国会许可,不得接受任何外国君主或国家所赠予的任何礼物、酬金、官职或爵位。

第十款无论何州,不得缔结条约、结盟或加入联邦;不得颁发缉拿敌船许可证和报复性拘捕证;不得铸造货币;不得发行信用券;不得将金银币以外的任何物品作为偿还债务的法定货币;不得通过公民权利剥夺法案、追溯既往的法律或损害契约义务的法律;不得授予任何贵族爵位。

无论何州,不经国会同意,不得对进出口货物征收进口税或间接税,但为执行该州检查法令所绝对必要者不在此限。任何一州对进出口货物征得的一切间接税和进口税的净所得额应充合众国国库之用,所有这类法律都应由国会负责修订与控制。

无论何州,未经国会同意,不得征收船舶吨位税,不得在和平时期保持军队或战舰,不得与另一州或外国缔结协定或条约,除非已实际遭受入侵或遇到刻不容缓的危险,不得进行战争。