Chapter II

Article 71.
With the reservation of the rights of the people and of the
Cantons (Articles 89 and 121), the supreme authority of the
Confederation is exercised by the Federal Assembly, [Assemblée
fédérale; Bundesversammlung] which consists of two sections or
councils, to wit:
(A) The National Council.
(B) The Council of States.

Article 72.
The National Council [Conseil National; Nationalrath] is
composed of representatives of the Swiss people, chosen in the
ratio of one member for each 20,000 persons of the total
population. Fractions of upwards of 10,000 persons are
reckoned as 20,000. Every Canton, and in the divided Cantons
every Half-Canton, chooses at least one representative.

Article 73.
The elections for the National Council are direct. They are
held in federal electoral districts, which in no case shall be
formed out of parts of different Cantons.

Article 74.
Every Swiss who has completed twenty years of age, and who in
addition is not excluded from the rights of a voter by the
legislation of the Canton in which he is domiciled, has the
right to vote in elections and popular votes. Nevertheless,
the Confederation by law may establish uniform regulations for
the exercise of such right.

Article 75.
Every lay Swiss citizen who has the right to vote is eligible
for membership in the National Council.

Article 76.
The National Council is chosen for three years, and entirely
renewed at each general election.

Article 77.
Representatives to the Council of States, members of the
Federal Council, and officials appointed by that Council,
shall not at the same time be members of the National Council.

Article 78.
The National Council chooses out of its own number, for each
regular or extraordinary session, a President and a
Vice-President. A member who has held the office of President
during a regular session is ineligible either as President, or
Vice-President at the next regular session. The same member
may not be Vice-President during two consecutive regular
sessions. When the votes are equally divided the President has
a casting vote; in elections he votes in the same manner as
other members.

Article 79.
The members of the National Council receive a compensation out
of the federal treasury.

Article 80.
The Council of States [Conseil des États; Ständerath] consists
of forty-four representatives of the Cantons. Each Canton
appoints two representatives; in the divided Cantons, each
Half-State chooses one.

Article 81.
The members of the National Council and those of the Federal
Council may not be representatives in the Council of States.

Article 82.
The Council of States chooses out of its own number for each
regular or extraordinary session a President and a
Vice-President. Neither the President nor the Vice-President
can be chosen from among the representatives of the Canton
from which the President has been chosen for the regular
session next preceding. Representatives of the same Canton
cannot occupy the position of Vice-President during two
consecutive regular sessions. When the votes are equally
divided the President has a casting vote; in elections he
votes in the same manner as the other members.

Article 83.
Representatives in the Council of States receive a
compensation from the Cantons.

Article 84.
The National Council and the Council of States consider all
the subjects which the present Constitution places within the
competence of the Confederation, and which are not assigned to
any other federal authority.

Article 85.
The subjects within the competence of the two Councils are
particularly the following:

1. Laws on the organization of and election of federal
authorities.

2. Laws and ordinances on subjects which by the Constitution
are placed within the federal competence.

3. The salary and compensation of members of the federal
governing bodies and of the Federal Chancery; the creation of
federal offices and the determination of salaries therefor.

4. The election of the Federal Council, of the Federal Court,
and of the Chancellor, and also of the Commander-in-chief of
the federal army. The Confederation may by law assign to the
Federal Assembly other powers of election or of confirmation.

5. Alliances and treaties with foreign powers, and also the
approval of treaties made by the Cantons between themselves or
with foreign powers; nevertheless the treaties made by the
Cantons shall be brought before the Federal Assembly only in
case the Federal Council or another Canton protests.

6. Measures for external safety and also for the maintenance
of the independence and neutrality of Switzerland; the
declaration of war and the conclusion of peace.

7. The guaranty of the Constitution and of the territory of
the Cantons; intervention in consequence of such guaranty;
measures for the internal safety of Switzerland, for the
maintenance of peace and order; amnesty and pardon.

8. Measures for the preservation of the Constitution, for
carrying out the guaranty of the cantonal constitutions, and
for fulfilling federal obligations.

9. The power of controlling the federal army.

10. The determination of the annual budget, the audit of
public accounts, and federal ordinances authorizing loans.

11. The superintendence of federal administration and of
federal courts.

12. Protests against the decisions of the Federal Council upon
administrative conflicts. (Article 113.)

13. Conflicts of jurisdiction between federal authorities.

14. The amendment of the federal Constitution.

Article 86.
The two Councils assemble annually in regular session upon a
day to be fixed by the standing orders. They are convened in
extra session by the Federal Council upon the request either
of one fourth of the members of the National Council, or of
five Cantons.

Article 87.
In either Council a quorum is a majority of the total number
of its members.

Article 88.
In the National Council and in the Council of States a
majority of those voting is required.

Article 89.
Federal laws, enactments, and resolutions shall be passed only
by the agreement of the two Councils. Federal laws shall be
submitted for acceptance or rejection by the people, if the
demand is made by 30,000 voters or by eight Cantons. The same
principle applies to federal resolutions which have a general
application, and which are not of an urgent nature.

Article 90.
The Confederation shall by law establish the forms and
intervals to be observed in popular votes.

{594}

Article 91.
Members of either Council vote without instructions.

Article 92.
Each Council takes action separately. But in the case of the
elections specified in Article 85, § 4, of pardons, or of
deciding a conflict of jurisdiction (Art. 85, § 13), the two
Councils meet in joint session, under the direction of the
President of the National Council, and a decision is made by
the majority of the members of both Councils present and
voting.

Article 93.
Measures may originate in either Council, and may be
introduced by any of their members. The Cantons may by
correspondence exercise the same right.

Article 94.
As a rule, the sittings of the Councils are public.

Article 95.
The supreme direction and executive authority of the
Confederation is exercised by a Federal Council [Conseil
fédéral; Bundesrath], composed of seven members.

Article 96.
The members of the Federal Council are chosen for three years
by the Councils in joint session from among all the Swiss
citizens eligible to the National Council. But not more than
one member of the Federal Council shall be chosen from the
same Canton. The Federal Council is chosen anew after each
election of the National Council. Vacancies which occur in the
course of the three years are filled at the first ensuing
session of the Federal Assembly, for the remainder of the term
of office.

Article 97.
The members of the Federal Council shall not, during their
term of office, occupy any other office, either in the service
of the Confederation or in a Canton, or follow any other
pursuit, or exercise a profession.

Article 98.
The Federal Council is presided over by the President of the
Confederation. There is a Vice-President. The President of the
Confederation and the Vice-President of the Federal Council
are chosen for one year by the Federal Assembly from among the
members of the Council. The retiring President shall not be
chosen as President or Vice-President for the year ensuing.
The same member shall not hold the office of Vice-President
during two consecutive years.

Article 99.
The President of the Confederation and the other members of
the Federal Council receive an annual salary from the federal
treasury.

Article 100.
A quorum of the Federal Council consists of four members.

Article 101.
The members of the Federal Council have the right to speak but
not to vote in either house of the Federal Assembly, and also
the right to make motions on the subject under consideration.

Article 102.
The powers and the duties of the Federal Council, within the
limits of this Constitution, are particularly the following:

1. It conducts federal affairs, conformably to the laws and
resolutions of the Confederation.

2. It takes care that the Constitution, federal laws and
ordinances, and also the provisions of federal concordats, be
observed; upon its own initiative or upon complaint, it takes
measures necessary to cause these instruments to be observed,
unless the consideration of redress be among the subjects
which should be brought before the Federal Court, according to
Article 113.

3. It takes care that the guaranty of the cantonal
constitutions be observed.

4. It introduces bills or resolutions into the Federal
Assembly, and gives its opinion upon the proposals submitted
to it by the Councils or the Cantons.

5. It executes the laws and resolutions of the Confederation
and the judgments of the Federal Court, and also the
compromises or decisions in arbitration upon disputes between
Cantons.

6. It makes those appointments which are not assigned to the
Federal Assembly, Federal Court, or other authority.

7. It examines the treaties made by Cantons with each other,
or with foreign powers, and approves them, if proper. (Article
85, § 5.)

8. It watches over the external interests of the
Confederation, particularly the maintenance of its
international relations, and is, in general, intrusted with
foreign relations.

9. It watches over the external safety of Switzerland, over
the maintenance of independence and neutrality.

10. It watches over the internal safety of the Confederation,
over the maintenance of peace and order.

11. In cases of urgency, and when the Federal Assembly is not
in session, the Federal Council has power to raise the
necessary troops and to employ them, with the reservation that
it shall immediately summon the Councils if the number of
troops exceeds two thousand men, or if they remain in arms
more than three weeks.

12. It administers the military establishment of the
Confederation, and all other branches of administration
committed to the Confederation.

13. It examines such laws and ordinances of the Cantons as
must be submitted for its approval; it exercises supervision
over such departments of the cantonal administration as are
placed under its control.

14. It administers the finances of the Confederation,
introduces the budget, and submits accounts of receipts and
expenses.

15. It supervises the conduct of an the officials and
employees of the federal administration.

16. It submits to the Federal Assembly at each regular session
an account of its administration and a report of the condition
of the Confederation, internal as well as external, and calls
attention to the measures which it deems desirable for the
promotion of the general welfare. It also makes special
reports when the Federal Assembly or either Council requires
it.

Article 103.
The business of the Federal Council is distributed by
departments among its members. This distribution has the
purpose only of facilitating the examination and despatch of
business; decisions emanate from the Federal Council as a
single authority.

Article 104.
The Federal Council and its departments have power to call in
experts on special subjects.

Article 105.
A Federal Chancery [Chancellerie fédérale; Bundeskanzlei], at
the head of which is placed the Chancellor of the
Confederation, conducts the secretary's business for the
Federal Assembly and the Federal Council. The Chancellor is
chosen by the Federal Assembly for the term of three years, at
the same time as the Federal Council. The Chancery is under
the special supervision of the Federal Council. A federal law
shall provide for the organization of the Chancery.

Article 106.
There shall be a Federal Court [Tribunal fédéral;
Bundesgericht] for the administration of justice in federal
concerns. There shall be, moreover, a jury for criminal cases.
(Article 112.)

{595}

Article 107.
The members and alternates of the Federal Court shall be
chosen by the Federal Assembly, which shall take care that all
three national languages are represented therein. A law shall
establish the organization of the Federal Court and of its
sections, the number of judges and alternates, their term of
office, and their salary.

Article 108.
Any Swiss citizen eligible to the National Council may be
chosen to the Federal Court. The members of the Federal
Assembly and of the Federal Council, and officials appointed
by those authorities, shall not at the same time belong to the
Federal Court. The members of the Federal Court shall not,
during their term of office, occupy any other office, either
in the service of the Confederation or in a Canton, nor engage
in any other pursuit, nor practice a profession.

Article 109.
The Federal Court organizes its own Chancery and appoints the
officials thereof.

Article 110.
The Federal Court has jurisdiction in civil suits:

1. Between the Confederation and the Cantons.

2. Between the Confederation on one part and corporations or
individuals on the other part, when such corporations or
individuals are plaintiffs, and when the amount involved is of
a degree of importance to be determined by federal
legislation.

3. Between Cantons.

4. Between Cantons on one part and corporations or individuals
on the other part, when one of the parties demands it, and the
amount involved is of a degree of importance to be determined
by federal legislation. It further has jurisdiction in suits
concerning the status of persons not subjects of any
government (heimathlosat), and the conflicts which arise
between Communes of different Cantons respecting the right of
local citizenship. [Droit de cité.]

Article 111.
The Federal Court is bound to give judgment in other cases
when both parties agree to abide by its decision, and when the
amount involved is of a degree of importance to be determined
by federal legislation.

Article 112.
The Federal Court, assisted by a jury to decide upon questions
of fact, has criminal jurisdiction in:

1. Cases of high treason against the Confederation, of
rebellion or violence against federal authorities.

2. Crimes and misdemeanors against the law of nations.

3, Political crimes and misdemeanors which are the cause or
the result of disturbances which occasion armed federal
intervention.

4. Cases against officials appointed by a federal authority,
where such authority relegates them to the Federal Court.

Article 113.
The Federal Court further has jurisdiction:

1. Over conflicts of jurisdiction between federal authorities
on one part and cantonal authorities on the other part.

2. Disputes between Cantons, when such disputes are upon
questions of public law.

3. Complaints of violation of the constitutional rights of
citizens, and complaints of individuals for the violation of
concordats or treaties. Conflicts of administrative
jurisdiction are reserved, and are to be settled in a manner
prescribed by federal legislation. In all the fore-mentioned
cases the Federal Court shall apply the laws passed by the
Federal Assembly and those resolutions of the Assembly which
have a general import. It shall in like manner conform to
treaties which shall have been ratified by the Federal
Assembly.

Article 114.
Besides the cases specified in Articles 110, 112, and 113, the
Confederation may by law place other matters within the
jurisdiction of the Federal Court; in particular, it may give
to that court powers intended to insure the uniform
application of the laws provided for in Article 64.

Article 115.
All that relates to the location of the authorities of the
Confederation is a subject for federal legislation.

Article 116.
The three principal languages spoken in Switzerland, German,
French, and Italian, are national languages of the
Confederation.

Article 117.
The officials of the Confederation are responsible for their
conduct in office. A federal law shall enforce this
responsibility.