diff --git a/constitution.tex b/constitution.tex index 54810f4..439aaab 100644 --- a/constitution.tex +++ b/constitution.tex @@ -20,20 +20,6 @@ \chapter*{Preamble} and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. -We declare, -that all power is originally rested in, -and consequently derived from, -the people. - -That Government is instituted and ought to be exercised for the benefit of the people; -which consists in the enjoyment of life and liberty, -with the right of acquiring and using property, -and generally of pursuing and obtaining happiness and safety. - -That the people have an indubitable, unalienable, and indefeasible right -to reform or change their Government, -whenever it be found adverse or inadequate to the purposes of its institution. - \chapter{The Legislative Branch} \section{The Legislature} All legislative Powers herein granted shall be vested in a Congress of the United States, @@ -62,12 +48,14 @@ \section{The House} in such Manner as they shall by Law direct. After the first actual enumeration, there shall be one Representative for every thirty thousand, - until the Number amounts to ———, + until the number shall amount to one hundred, +after which the proportion shall be so regulated by Congress, + that there shall be not less than one hundred Representatives, + nor less than one Representative for every forty thousand persons, + until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, - that the number shall never be less than ———, - nor more than ———, -but each State shall, after the first enumeration, - have at least two Representatives; + that there shall not be less than two hundred Representatives, + nor more than one Representative for every fifty thousand persons; and prior thereto, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, @@ -164,8 +152,8 @@ \section{Membership, Rules, Journals, Adjournment} \section{Compensation} 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; -But no law varying the Compensation last ascertained -shall operate before the next ensuing Election of Representatives. +But no law, varying the compensation for the services of the Senators and Representatives, +shall take effect, until an election of Representatives shall have intervened. 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; @@ -285,68 +273,48 @@ \section{Limits on Congress} No Bill of Attainder or ex post facto Law shall be passed. -The civil rights of none shall be abridged -on account of religious belief or worship, -nor shall any national religion be established, -nor shall the full and equal rights of conscience be in any manner, -or on any pretext, infringed. - -The people shall not be deprived or abridged of their right -to speak, to write, or to publish their sentiments; -and the freedom of the press, -as one of the great bulwarks of liberty, -shall be inviolable. - -The people shall not be restrained -from peaceably assembling and consulting for their common good; -nor from applying to the Legislature - by petitions, or remonstrances, -for redress of their grievances. - -The right of the people to keep and bear Arms shall not be infringed; -a well armed and well regulated Militia being the best security of a free country; -but no person religiously scrupulous of bearing arms -shall be compelled to render military service in person. - -No Soldier shall in time of peace be quartered in any house -without the consent of the Owner; -nor at any time, but in a manner warranted by law. - -No person shall be subject, -except in cases of impeachment, -to more than one punishment or one trial for the same offence; -nor shall be compelled to be a witness against himself; +Congress shall make no law respecting an establishment of religion, +or prohibiting 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. + +A well regulated Militia, being necessary to the security of a free State, +the right of the people to keep and bear Arms, shall not be infringed. + +No Soldier shall, in time of peace be quartered in any house, +without the consent of the Owner, +nor in time of war, but in a manner to be prescribed by law. + +The right of the people to be secure in their persons, houses, papers, and effects, +against 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. + +No person shall be held to answer for a capital, or otherwise infamous crime, +unless on 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 offence 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 be obliged to relinquish his property, -where it may be necessary for public use, -without a just compensation. +nor shall private property be taken for public use, without just compensation. + +In all criminal prosecutions, +the accused shall enjoy the right to a speedy and 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 defence. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. -The rights of the people to be secured in their persons; -their houses, their papers, and their other property, -from all unreasonable searches and seizures, -shall not be violated by Warrants issued without probable cause, -supported by Oath or affirmation, -or not particularly describing the places to be searched, -or the persons or things to be seized. - -In all criminal prosecutions, -the accused shall enjoy the right to a speedy and public trial, -to be informed of the cause and nature of the accusation, -to be confronted with his accusers, and the witnesses against him; -to have a compulsory process for obtaining witnesses in his favor; -and to have the assistance of counsel for his defence. - -The exceptions here or elsewhere in the Constitution, -made in favor of particular rights, -shall not be so construed -as to diminish the just importance of other rights retained by the people, -or as to enlarge the powers delegated by the constitution; -but either as actual limitations of such powers, -or as inserted merely for greater caution. +The enumeration in the Constitution, of certain rights, +shall not be construed to deny or disparage others retained by the people. No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. @@ -381,10 +349,6 @@ \section{Powers Prohibited of States} or Law impairing the Obligation of Contracts, or grant any Title of Nobility. -No State shall violate the equal rights of conscience, - or the freedom of the press, - or the trial by jury in criminal cases. - 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: @@ -550,37 +514,16 @@ \section{Trial by Jury, Original Jurisdiction, Jury Trials} 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. -But no appeal to such court shall be allowed -where the value in controversy shall not amount to ——— dollars: -nor shall any fact triable by jury, -according to the course of common law, -be otherwise re-examinable -than may consist with the principles of common law. - -The trial of all crimes -(except in cases of impeachments, -and cases arising in the land or naval forces, - or the militia when on actual service, -in time of war or public danger) -shall be by an impartial jury of freeholders of the vicinage, -with the requisite of unanimity for conviction, -of the right of challenge, -and other accustomed requisites; -and in all crimes punishable with loss of life or member, -presentment or indictment by a grand jury shall be an essential preliminary, -provided that in cases of crimes committed within any county -which may be in possession of an enemy, -or in which a general insurrection may prevail, -the trial may by law be authorized in some other county -of the same State, -as near as may be to the seat of the offence. - -In cases of crimes committed not within any county, -the trial may by law be in such county as the laws shall have prescribed. -In suits at common law, between man and man, -the trial by jury, -as one of the best securities to the rights of the people, -ought to remain inviolate. + +In Suits at common law, where the value in controversy shall exceed twenty dollars, +the right of trial by jury shall be preserved, +and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, +than according to the rules of the common law. + +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. \section{Treason} Treason against the United States, shall consist only in levying War against them, @@ -664,20 +607,11 @@ \chapter{Debts, Supremacy, Oaths} shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. -\chapter{Separation of Powers} -The powers delegated by this constitution -are appropriated to the departments -to which they are respectively distributed: -so that the legislative department shall never exercise the powers - vested in the executive or judicial -nor the executive exercise the powers - vested in the legislative or judicial, -nor the judicial exercise the powers - vested in the legislative or executive departments. - +\chapter{Powers of the States and People} The powers not delegated by this constitution, nor prohibited by it to the States, -are reserved to the States respectively. +are reserved to the States respectively, +or to the people. \chapter{Ratification} The Ratification of the Conventions of nine States,