Chapter III

(These four articles abrogated by the four articles following
them, 118-122.) Article 118. The Federal Constitution may at
any time be amended.

[Article 119.
_Amendment is secured through the forms required for passing
federal laws._]

[Article 120.
_When either Council of the Federal Assembly passes a
resolution for amendment of the Federal Constitution and the
other Council does not agree; or when fifty thousand Swiss
voters demand amendment, the question whether the Federal
Constitution ought to be amended is, in either case, submitted
to a vote of the Swiss people, voting yes or no. If in either
case the majority of the Swiss citizens who vote pronounce in
the affirmative, there shall be a new election of both
Councils for the purpose of preparing amendments._]

[Article 121.
_The amended Federal Constitution shalt be in force when it
has been adopted by the majority of Swiss citizens who take
part in the vote thereon and by a majority of the States. In
making up a majority of the States the vote of a Half-Canton
is counted as half a vote. The result of the popular vote in
each Canton is considered to be the vote of the State._]

Article 118.
[_Amendment of July_ 5, 1891.] The Federal Constitution
may at any time be amended as a whole or in part.

Article 119.
[_Amendment of July_ 5, 1891.] General revision is
secured through the forms required for passing the federal
laws.

Article 120.
When either Council of the Federal Assembly passes a
resolution for general revision and the other Council does not
agree; or when fifty thousand Swiss voters demand general
revision the question whether there shall be such a revision
must, in either case, be submitted to the popular vote of the
Swiss people. If, in either case, the majority of the Swiss
citizens who vote on the question pronounce in the
affirmative, there shall be a new election of both Councils
for the purpose of preparing a general revision.

Article 121.
[_Amendment of July_ 5, 1891.] Specific amendments may be
brought forward either through a Proposition of the People
[Volksanregung] (Initiative) or by Federal legislation. A
Proposition of the People means a demand supported by fifty
thousand Swiss voters, either for suspension, repeal, or
alteration of specified articles of the Federal Constitution.
If by means of the method of Proposition of the People several
different subjects are brought forward either for alteration
or for incorporation into the Federal Constitution, each one
of those separate subjects must be presented in a separate
demand for a popular vote [Initintivbegehren]. The demand for
a popular vote may take the form either of a request in
general terms, or of a definite draft. If such a demand be
made in the form of a request in general terms and the
Councils of the Federal Assembly agree thereto, the said
Councils shall thereupon prepare a specific amendment of the
purport indicated by those asking amendment; and such specific
amendment shall be submitted to the people and to the states
for their acceptance or rejection. In case the Councils of the
Federal Assembly do not agree thereto, the question of
specific amendment shall then be subjected to the people for a
popular vote; and in case the majority of the Swiss voters
vote therefor, an amendment of the purport indicated by the
vote of the people shall then be prepared by the Federal
Assembly. In case the request shall take the form of a
specific draft and the Federal Assembly agree thereto, the
draft is then to be submitted to the people and the States for
acceptance or rejection. If the Federal Assembly shall not
agree thereto it may either prepare a substitute draft for
itself, or it may propose the rejection of the proposition.
The proposition to reject such substitute draft or proposition
shall be submitted to the vote of the people and of the States
at the same time with the general Proposition of the People.

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Article 122.
[_Amendment of July_ 5, 1891.] The procedure upon the
Proposition of the People and the popular votes concerning
amendment of the Federal Constitution, shall be regulated in
detail by a Federal Law.

Article 123.
[_Amendment of July_ 5, 1891.] The amended Federal
Constitution or the specific amendments proposed, as the case
may be, shall be in force when adopted by the majority of the
Swiss citizens who take part in the vote thereon and by a
majority of the Cantons. In making up the majority of the
States the vote of a half of each Canton is counted as half a
vote. The result of the popular vote in each Canton is
considered to be the vote of the state.

Temporary Provisions.

Article 1.
The proceeds of the posts and customs shall be divided upon
the present basis, until such time as the Confederation shall
take upon itself the military expenses up to this time borne
by the Cantons. Federal legislation shall provide, besides,
that the loss which may be occasioned to the finances of
certain Cantons by the sum of the charges which result from
Articles 20, 30, 36 (§ 2), and 42 (e), shall fall upon such
Cantons only gradually, and shall not attain its full effect
till after a transition period of some years. Those Cantons
which, at the going into effect of Article 20 of the
Constitution, have not fulfilled the military obligations
which are imposed upon them by the former Constitution, or by
federal laws, shall be bound to carry them out at their own
expense.

Article 2.
The provisions of the federal laws and of the cantonal
concordats, constitutions or cantonal laws, which are contrary
to this Constitution, cease to have effect by the adoption of
the Constitution or the publication of the laws for which it
provides.

Article 3.
The new provisions relating to the organization and
jurisdiction of the Federal Court take effect only after the
publication of federal laws thereon.

Article 4.
A delay of five years is allowed to Cantons for the
establishment of free instruction in primary public education.
(Art. 27.)

Article 5.
Those persons who practice a liberal profession, and who,
before the publication of the federal law provided for in
Article 33, have obtained a certificate of competence from a
Canton or a joint authority representing several Cantons, may
pursue that profession throughout the Confederation.

Article 6.
[_Amendment of December_ 22, 1885. _For the remainder of
this amendment see article 32 (ii)._] If a federal law for
carrying out Article 32 (ii) be passed before the end of 1890,
the import duties levied on spirituous liquors by the Cantons
and Communes, according to Article 32, cease on the going into
effect of such law. If, in such case, the shares of any Canton
or Commune, out of the sums to be divided, are not sufficient
to equal the average annual net proceeds of the taxes they
have levied on spirituous liquors in the years 1880 to 1884
inclusive, the Cantons and Communes affected shall, till the
end of 1890, receive the amount of the deficiency out of the
amount which is to be divided among the other Cantons
according to population; and the remainder only shall be
divided among such other Cantons and Communes, according to
population. The Confederation shall further provide by law
that for such Cantons or Communes as may suffer financial loss
through the effect of this amendment, such loss shall not come
upon them immediately in its full extent, but gradually up to
the year 1895. The indemnities thereby made necessary shall be
previously taken out of the net proceeds designated in Article
32 (ii), paragraph 4.

Thus resolved by the National Council to be submitted to the
popular vote of the Swiss people and of the Cantons. Bern,
January 31, 1874. Ziegler, President. Schiess, Secretary.

Thus resolved by the Council of States, to be submitted to the
popular vote of the Swiss people and of the Cantons. Bern,
January 31, 1874. A. Kopp, President. J. L. Lutscher,
Secretary.

----------CONSTITUTION OF THE SWISS CONFEDERATION: End----------

CONSTITUTION OF THE UNITED STATES OF AMERICA.

CONSTITUTION OF THE UNITED STATES OF AMERICA: A. D. 1781.
The Articles of Confederation.

See UNITED STATES OF AMERICA: A. D. 1777-1781,
and 1783-1787.

CONSTITUTION OF THE UNITED STATES OF AMERICA:
A. D. 1787-1789, and 1791-1870.
A sketch of the history of the framing and adoption of the
Federal Constitution of the United States will be found under

UNITED STATES OF AMERICA: A. D. 1787,
and 1787-1789.

The following text of the original instrument, with the
subsequent amendments to it, is one prepared by Professor
Albert Bushnell Hart, and is the result of a careful
comparison with the original manuscripts, preserved in the
State Department at Washington. "It is intended to be
absolutely exact in word, spelling, capitalization and
punctuation. A few headings and paragraph numbers, inserted
for convenience of reference, are indicated by brackets."
"Those parts of the Constitution which were temporary in
their nature, or which have been superseded or altered by
later amendments, are included within the signs []." This
text, originally printed in the "American History Leaflets,"
is reproduced with Professor Hart's consent. The paragraphing
has been altered, to economize space, but it is otherwise
exactly reproduced:

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"WE THE PEOPLE of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquility,
provide for the common defence, 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_ 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
[§ 1.]
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.

[Footnote: Modified by Fourteenth Amendment.]

[§ 2.]
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.

[§ 3.]
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.]

[Footnote: Superseded by Fourteenth Amendment.]

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.]

[Footnote: Temporary clause.]

[§ 4.]
When vacancies happen in the Representation from any State,
the Executive Authority thereof shall issue Writs of Election
to fill such Vacancies.

[§ 5.]
The House of Representatives shall chuse their Speaker and
other Officers; and shall have the sole Power of Impeachment.

_Section_ 3.
[§ 1.]
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.

[§ 2.]
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.

[§ 3.]
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.

[§ 4.]
The Vice President of the United States shall be President of
the Senate, but shall have no Vote, unless they be equally
divided.

[§ 5.]
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.

[§ 6.]
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.

[§ 7.]
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.
[§ 1.]
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.

[§ 2.]
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.
[§ 1.]
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.

[§ 2.]
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.

[§ 3.]
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.

[§ 4.]
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.
[§ 1.]
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.

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[§ 2.]
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.

_Section_ 7.
[§ 1.]
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.

[§ 2.]
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.

[§ 3.]
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
[§ 1.]
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;

[§ 2.]
To borrow Money on the credit of the United States;

[§ 3.]
To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes;

[§ 4.]
To establish an uniform Rule of Naturalization, and uniform
Laws on the subject of Bankruptcies throughout the United
States;

[§ 5.]
To coin Money, regulate the Value thereof, and of foreign
Coin, and fix the Standard of Weights and Measures;

[§ 6.]
To provide for the Punishment of counterfeiting the Securities
and current Coin of the United States;

[§ 7.]
To establish Post Offices and post Roads;

[§ 8.]
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;

[§ 9.]
To constitute Tribunals inferior to the supreme Court;

[§ 10.]
To define and punish Piracies and Felonies committed on the
high Seas, and Offences against the Law of Nations;

[§ 11.]
To declare War, grant Letters of Marque and Reprisal, and make
Rules concerning Captures on Land and Water;

[§ 12.]
To raise and support Armies, but no Appropriation of Money to
that Use shall be for a longer Term than two Years;

[§ 13.]
To provide and maintain a Navy;

[§ 14.]
To make Rules for the Government and Regulation of the land
and naval Forces;

[§ 15.]
To provide for calling forth the Militia to execute the Laws
of the Union, suppress Insurrections and repel Invasions;

[§ 16.]
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;

[§ 17.]
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

[§ 18.]
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.
[§ 1.]
[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.]

[Footnote: Temporary provision.]

[§ 2.]
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.

[§ 3.]
No Bill of Attainder or ex post facto Law shall be passed.

[Footnote: Extended by the first eight Amendments.]

[§ 4.]
No Capitation, or other direct, Tax shall be laid, unless in
Proportion to the Census or Enumeration herein before directed
to be taken.

[§ 5.]
No Tax or Duty shall be laid on Articles exported from any
State.

[§ 6.]
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.

[§ 7.]
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.

[§ 8.]
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.

[Footnote: Extended by Ninth and Tenth Amendments.]

_Section_ 10.
[§ 1.]
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.

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[§ 2.]
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.

[§ 3.]
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.

[Footnote: Extended by Thirteenth, Fourteenth and Fifteenth
Amendments.]

Article II.