The Confederation has the right of superintendence over dike
and forest police in the upper mountain regions. It may
cooperate in the straightening and embankment of torrents as
well as in the afforesting of the districts in which they
rise. It may prescribe the regulations necessary to assure the
maintenance of these works, and the preservation of existing
forests.
Article 25.
The Confederation has power to make legislative enactments for
the regulation of the right of fishing and hunting,
particularly with a view to the preservation of the large game
in the mountains, as well as for the protection of birds
useful to agriculture and forestry.
Article 26.
Legislation upon the construction and operation of railroads
is in the province of the Confederation.
Article 27.
The Confederation has the right to establish, besides the
existing Polytechnic School, a Federal University and other
institutions of higher instruction, or to subsidize
institutions of such nature. The Cantons provide for primary
instruction, which shall be sufficient, and shall be placed
exclusively under the direction of the secular authority. It
is compulsory and, in the public schools, free. The public
schools shall be such that they may be frequented by the
adherents of all religious sects, without any offense to their
freedom of conscience or of belief. The Confederation shall
take the necessary measures against such Cantons as shall not
fulfill these duties.
Article 28.
The customs are in the province of the Confederation. It may
levy export and import duties.
Article 29.
The collection of the federal customs shall be regulated
according to the following principles:
1. Duties ou imports:
(a) Materials necessary for the manufactures and agriculture
of the country shall be taxed as low as possible.
(b) It shall be the same with the necessities of life.
(c) Luxuries shall be subjected to the highest duties.
Unless there are imperative reasons to the contrary, these
principles shall be observed also in the conclusion of
treaties of commerce with foreign powers.
2. The duties on exports shall also be as low as possible.
3. The customs legislation shall include suitable provisions
for the continuance of commercial and market intercourse
across the frontier. The above provisions do not prevent the
Confederation from making temporary exceptional provisions,
under extraordinary circumstances.
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Article 30.
The proceeds of the customs belong to the Confederation. The
indemnity ceases which hitherto has been paid to the Cantons
for the redemption of customs, for road and bridge tolls,
customs duties and other like dues. By exception, and on
account of their international alpine roads, the Cantons of
Uri, Grisons, Ticino, and Valais receive an annual indemnity,
which, considering all the circumstances, is fixed as follows:
Uri, 80,000 francs. Grisons, 200,000 francs. Ticino, 200,000
francs. Valais, 50,000 francs. The Cantons of Uri and Ticino
shall receive in addition, for clearing the snow from the
Saint Gotthard road, an annual indemnity of 40,000 francs, so
long as that road shall not be replaced by a railroad.
Article 31.
The freedom of trade and of industry is guaranteed throughout
the whole extent of the Confederation. The following subjects
are excepted:
(a) The salt and gunpowder monopoly, the federal customs,
import duties on wines and other spirituous liquors, and other
taxes on consumption expressly permitted by the Confederation,
according to article 32.
(b) [_Added by Amendment of December_ 22, 1885.] The
manufacture and sale of alcohol, under Article 32 (ii).
(c) [_Added by Amendment of December_ 22, 1885.] Drinking
places, and the retail trade in spirituous liquors; but
nevertheless the Cantons may by legislation subject the
business of keeping drinking places, and the retail trade in
spirituous liquors, to such restrictions as are required for
the public welfare.
(d) [Originally (b)] Measures of sanitary police against
epidemics and cattle diseases.
(e) [Originally (c)] Provisions in regard to the exercise of
trades and manufactures, in regard to taxes imposed thereon,
and in regard to the police of the roads. These provisions
shall not contain anything contrary to the principle of
freedom of trade and manufacture.
Article 32.
The Cantons are authorized to collect the import duties on
wines and other spirituous liquors, provided in Article 31
(a), always under the following restrictions:
(a) The collection of these import duties shall in no wise
impede transportation: commerce shall be obstructed as little
as possible and shall not be burdened with any other dues.
(b) If the articles imported for consumption are reexported
from the Canton, the duties paid on importation shall be
refunded, without further charges.
(c) Products of Swiss origin shall be less burdened than those
of foreign countries.
(d) The existing import duties on wines and other spirituous
liquors of Swiss origin shall not be increased by the Cantons
which already levy them. Such duties shall not be established
upon such articles by Cantons which do not at present collect
them.
(e) The laws and ordinances of the Cantons on the collection
of import duties shall, before their going into effect, be
submitted to the federal government for approval, in order
that it may, if necessary, cause the enforcement of the
preceding provisions. All the import duties now levied by the
Cantons, as well as the similar duties levied by the Communes,
shall cease without indemnity, at the end of the year 1890.
Article 32 (ii).
[_Amendment of_ December 22, 1885.]
The Confederation is authorized by legislation to make
regulations for the manufacture and sale of alcohol. In this
legislation those products which are intended for exportation,
or which have been subjected to a process excluding them from
use as a beverage, shall be subjected to no tax. Distillation
of wine, fruit, and their by-products, of gentian root,
juniper berries, and similar products, is not subject to
federal legislation as to manufacture or tax. After the
cessation of the import duties on spirituous liquors, provided
for in Article 32 of the Constitution, the trade in liquors
not distilled shall not be subjected by the Cantons to any
special taxes or to other limitations than those necessary for
protection against adulterated or noxious beverages.
Nevertheless, the powers of the Cantons, defined in Article
31, are retained over the keeping of drinking places, and the
sale at retail of quantities less than two liters. The net
proceeds resulting from taxation on the sale of alcohol belong
to the Cantons in which the tax is levied. The net proceeds to
the Confederation from the internal manufacture of alcohol,
and the corresponding addition to the duty on imported
alcohol, are divided among all the Cantons, in proportion to
the actual population as ascertained from time to time by the
next preceding federal census. Out of the receipts therefrom
the Cantons must expend not less than one tenth in combating
drunkenness in its causes and effects. [_For additional
articles of this Amendment see Temporary Provisions, Article
6, at the end of this Constitution. _]
Article 33.
The Cantons may require proofs of competency from those who
desire to practice a liberal profession. Provision shall be
made by federal legislation by which such persons may obtain
certificates of competency which shall be valid throughout the
Confederation..
Article 34.
The Confederation has power to enact uniform provisions as to
the labor of children in factories, and as to the duration of
labor fixed for adults therein, and as to the protection of
workmen against the operation of unhealthy and dangerous
manufactures. The transactions of emigration agents and of
organizations for insurance, not instituted by the State, are
subject to federal supervision and legislation.
Article 34 (ii).
[_Amendment of December _17, 1890.]
The Confederation shall by law provide for insurance against
sickness and accident, with due regard for existing
sick-benefit funds. The Confederation may require
participation therein, either by all persons or by particular
classes of the population.
Article 35.
The opening of gaming houses is forbidden. Those which now
exist shall be closed December 31, 1877. The concessions which may
have been granted or renewed since the beginning of the year
1871 are declared invalid. The Confederation may also take
necessary measures concerning lotteries.
Article 36.
The posts and telegraphs in all Switzerland are controlled by
the Confederation. The proceeds of the posts and telegraphs
belong to the federal treasury. The rates shall, for all parts
of Switzerland, be fixed according to the same principle and
as fairly as possible. Inviolable secrecy of letters and
telegrams is guaranteed.
Article 37.
The Confederation exercises general oversight over those roads
and bridges in the maintenance of which it is interested. The
sums due to the Cantons mentioned in Article 30, on account of
their international alpine roads, shall be retained by the
federal government if such roads are not kept by them in
suitable condition.
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Article 38.
The Confederation exercises all the exclusive rights
pertaining to coinage. It has the sole right of coining money.
It establishes the monetary system, and may enact provisions,
if necessary, for the rate of exchange of foreign coins.
[Article 39.
(_Abrogated by the article following it_).
_The Confederation has the power to make by law general
provisions for the issue and redemption of bank notes. But it
shall not create any monopoly for the issue of bank notes, nor
make such notes a legal tender_.]
Article 39.
[_Substitute for former Article 39, adopted October_ 18,
1891.] The Confederation has the exclusive power to issue bank
notes and other like currency. The Confederation may exercise
the exclusive power over the issue of bank notes through a
National Bank carried on under a special department of
administration; or it may assign the right to a central joint
stock bank hereafter to be created, which shall be
administered under the coöperation and supervision of the
Confederation; but the privilege to take over the bank, by
paying a compensation, shall be retained. The bank possessed
of the exclusive right to issue notes shall have for its chief
function to regulate the circulation of money in Switzerland
and to facilitate exchange. To the Cantons shall be paid at
least two-thirds of the net profits of the bank beyond a
reasonable interest or a reasonable dividend to the
stockholders, and the necessary transfers to the reserve fund.
The bank and its branches shall not be subjected to taxation
by the Cantons. The Confederation shall not make bank notes
and other like currency legal tender, except in urgent need in
time of war. The principal office of the bank and the details
of its organization, as well as in general the carrying into
effect this article, shall be determined by federal law.
Article 40.
The Confederation fixes the standard of weights and measures.
The Cantons, under the supervision of the Confederation,
[shall] enforce the laws relating thereto.
Article 41.
The manufacture and the sale of gunpowder throughout
Switzerland pertain exclusively to the Confederation. Powders
used for blasting and not suitable for shooting are not
included in the monopoly.
Article 42.
The expenditures of the Confederation are met as follows:
(a) Out of the income from federal property.
(b) Out of the proceeds of the federal customs levied at the
Swiss frontier.
(c) Out of the proceeds of the posts and telegraphs.
(d) Out of the proceeds of the powder monopoly.
(e) Out of half of the gross receipts from the tax on military
exemptions levied by the Cantons.
(f) Out of the contributions of the Cantons, which shall be
determined by federal legislation, with special reference to
their wealth and taxable resources.
Article 43.
Every citizen of a Canton is a Swiss citizen. As such he may
participate, in the place where he is domiciled, in all
federal elections and popular votes, after having duly proven
his qualification as a voter. No person can exercise political
rights in more than one Canton. The Swiss settled as a citizen
outside his native Canton enjoys in the place where he is
domiciled, all the rights of the citizens of the Canton,
including all the rights of the communal citizen.
Participation in municipal and corporate property, and the
right to vote upon purely municipal affairs, are excepted from
such rights, unless the Canton by legislation has otherwise
provided. In cantonal and communal affairs, he gains the right
to vote after a residence of three months. Cantonal laws
relating to the right of Swiss citizens to settle outside the
Cantons in which they were born, and to vote on communal
questions, are submitted for the approval of the Federal
Council.
Article 44.
No Canton shall expel from its territory one of its own
citizens, nor deprive him of his rights, whether acquired by
birth or settlement. [Origine ou cité.] Federal legislation
shall fix the conditions upon which foreigners may be
naturalized, as well as those upon which a Swiss may give up
his citizenship in order to obtain naturalization in a foreign
country.
Article 45.
Every Swiss citizen has the right to settle anywhere in Swiss
territory, on condition of submitting a certificate of origin,
or a similar document. By exception, settlement may be refused
to or withdrawn from, those who, in consequence of a penal
conviction, are not entitled to civil rights. In addition,
settlement may be withdrawn from those who have been
repeatedly punished for serious offenses, and also from those
who permanently come upon the charge of public charity, and to
whom their Commune or Canton of origin, as the case may be,
refuses sufficient succor, after they have been officially
asked to grant it. In the Cantons where the poor are relieved
in their place of residence the permission to settle, if it
relates to citizens of the Canton, may be coupled with the
condition that they shall be able to work, and that they shall
not, in their former domicile in the Canton of origin, have
permanently become a charge on public charity. Every expulsion
on account of poverty must be approved by the government of
the Canton of domicile, and previously announced to the
government of the Canton of origin. A Canton in which a Swiss
establishes his domicile may not require security, nor impose
any special obligations for such establishment. In like manner
the Communes cannot require from Swiss domiciled in their
territory other contributions than those which they require
from their own subjects. A federal law shall establish the
maximum fee to be paid the Chancery for a permit to settle.
Article 46.
Persons settled in Switzerland are, as a rule, subjected to
the jurisdiction and legislation of their domicile, in all
that pertains to their personal status and property rights.
The Confederation shall by law make the provisions necessary
for the application of this principle and for the prevention
of double taxation of a citizen.
Article 47.
A federal law shall establish the distinction between
settlement and temporary residence, and shall at the same time
make the regulations to which Swiss temporary residents shall
be subjected as to their political rights and their civil
rights.
Article 48.
A federal law shall provide for the regulation of the expenses
of the illness and burial of indigent persons amenable to one
Canton, who have fallen ill or died in another Canton.
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Article 49.
Freedom of conscience and belief is inviolable. No person can
be constrained to take part in a religious society, to attend
religious instruction, to perform a religious rite, or to
incur penalties of any kind whatever on account of religious
opinion. The person who exercises the parent's or guardian's
authority has the right, conformably to the principles above
stated, to regulate the religious education of children up to
the age of sixteen completed years. The exercise of civil or
political rights shall not be abridged by any provisions or
conditions whatever of an ecclesiastical or religious kind. No
person shall, on account of a religious belief, release
himself from the accomplishment of a civil duty. No person is
bound to pay taxes of which the proceeds are specifically
appropriated to the actual expenses of the worship of a
religious body to which he does not belong. The details of the
carrying out of this principle are reserved for federal
legislation.
Article 50.
The free exercise of religious worship is guaranteed within
the limits compatible with public order and good morals. The
Cantons and the Confederation may take suitable measures for
the preservation of public order and of peace between the
members of different religious bodies, and also against
encroachments of ecclesiastical authorities upon the rights of
citizens and of the State. Contests in public and private law,
which arise out of the formation or the division of religious
bodies, may be brought by appeal before the competent federal
authorities. No bishopric shall be created upon Swiss
territory without the consent of the Confederation.
Article 51.
The order of the Jesuits, and the societies affiliated with
them, shall not be received into any part of Switzerland; and
all action in church and school is forbidden to its members.
This prohibition may be extended also, by federal ordinance,
to other religious orders, the action of which is dangerous to
the state or disturbs the peace between sects.
Article 52.
The foundation of new convents or religious orders, and the
reestablishment of those which have been suppressed, are
forbidden.
Article 53.
The civil status and the keeping of records thereof is subject
to the civil authority. The Confederation shall by law enact
detailed provisions upon this subject. The control of places o
burial is subject to the civil authority. It shall take care
that every deceased person may be decently interred.
Article 54.
The right of marriage is placed under the protection of the
Confederation. No limitation upon marriage shall be based upon
sectarian grounds, nor upon the poverty of either of the
contractants, nor on their conduct, nor on any other
consideration of good order. A marriage contracted in a Canton
or in a foreign country, conformably to the law which is there
in force, shall be recognized as valid throughout the
Confederation. By marriage the wife acquires the citizenship
of her husband. Children born before the marriage are made
legitimate by the subsequent marriage of their parents. No tax
upon admission or similar tax shall be levied upon either
party to a marriage.
Article 55.
The freedom of the press is guaranteed. Nevertheless the
Cantons by law enact the measures necessary for the
suppression of abuses. Such laws are submitted for the
approval of the Federal Council. The Confederation may enact
penalties for the suppression of press offenses directed
against it or its authorities.
Article 56.
Citizens have the right of forming associations, provided that
there be in the purpose of such associations, or in the means
which they employ, nothing unlawful or dangerous to the state.
The Cantons by law take the measures necessary for the
suppression of abuses.
Article 57.
The right of petition is guaranteed.
Article 58.
No person shall be deprived of his constitutional judge.
Therefore no extraordinary tribunal shall be established.
Ecclesiastical jurisdiction is abolished.
Article 59.
Suits for personal claims against a solvent debtor having a
domicile in Switzerland, must be brought before the judge of
his domicile; in consequence, his property outside the Canton
in which he is domiciled may not be attached in suits for
personal claims. Nevertheless, with reference to foreigners,
the provisions of international treaties shall not thereby be
affected. Imprisonment for debt is abolished.
Article 60.
All the Cantons are bound to treat the citizens of the other
confederated States like those of their own State in
legislation and in all judicial proceedings.
Article 61.
Civil judgments definitely pronounced in any Canton may be
executed anywhere in Switzerland.
Article 62.
The exit duty on property [traite foraine] is abolished in the
interior of Switzerland, as well as the right of redemption
[droit de retrait] by citizens of one Canton against those of
other confederated States.
Article 63.
The exit duty on property is abolished as respects foreign
countries, provided reciprocity be observed.
Article 64.
The Confederation has power to make laws:
On legal competency.
On all legal questions relating to commerce and to
transactions affecting chattels (law of commercial
obligations, including commercial law and law of exchange).
On literary and artistic copyright.
On the protection of new patterns and forms, and of inventions
which are represented in models and are capable of industrial
application. [Amendment of December 20, 1887.]
On the legal collection of debts and on bankruptcy. The
administration of justice remains with the Cantons, save as
affected by the powers of the Federal Court.
Article 65.
[(_Abrogated by Amendment of June_ 20, 1879.) _The
death penalty is abolished; nevertheless the provisions of
military law in time of war shall be observed. Corporal
punishment is abolished_.]
Article 65.
[Amendment of June 20,1879.]
No death penalty shall be pronounced for a political crime.
Corporal punishment is abolished.
Article 66.
The Confederation by law fixes the limits within which a Swiss
citizen may be deprived of his political rights.
Article 67.
The Confederation by law provides for the extradition of
accused persons from one Canton to another; nevertheless,
extradition shall not be made obligatory for political
offenses and offenses of the press.
Article 68.
Measures are taken by federal law for the incorporation of
persons without country (Heimathlosen), and for the prevention
of new cases of that nature.
Article 69.
Legislation concerning measures of sanitary police against
epidemic and cattle diseases, causing a common danger, is
included in the powers of the Confederation.
Article 70.
The Confederation has power to expel from its territory
foreigners who endanger the internal or external safety of
Switzerland.
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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.
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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.
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.
{596}
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:
{597}
"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.
{598}
[§ 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.
{599}
[§ 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.
Section 1.
[§ 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
[§ 2.]
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
chuse 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 chuse the President. But in
chusing 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 all 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 chuse from them by Ballot the Vice President.]
[Footnote: Superseded by Twelfth Amendment.]
[§ 3.]
The Congress may determine the Time of chusing the Electors,
and the Day on which they shall give their Votes; which Day
shall be the same throughout the United States.
[§ 4.]
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.
[§ 5.]
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.
[§ 6.]
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.
[§ 7.]
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."
Section 2.
[§ 1.]
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 Offences against the United States, except in
Cases of Impeachment.
[§ 2.]
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.
[§ 3.]
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.
_Section_ 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.
{600}
_Section_ 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 Behaviour, and shall, at stated Times, receive for
their Services, a Compensation, which shall not be diminished
during their Continuance in Office.
_Section_ 2.
[§ 1.]
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;
[Footnote: Limited by Eleventh Amendment.]
--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.
[§ 2.]
In all Cases affecting Ambassadors, other public Ministers and
Consuls, and those in which a State shall be 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.
[§ 3.]
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.
Section 3.
[§ 1.]
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.
[§ 2.]
The Congress shall have Power to declare the Punishment of
Treason, but no Attainder of Treason shall work Corruption of
Blood, or Forfeiture except during the Life of the Person
attainted.
Article IV.
_Section_ 1.
Full Faith and Credit shall be given in each State to the
public Acts, Records, and judicial Proceedings of every other
State. And the Congress may by general Laws prescribe the
Manner in which such Acts, Records and Proceedings shall be
proved, and the Effect thereof.
Section 2.
[§ 1.]
The Citizens of each State shall be entitled to all Privileges
and Immunities of Citizens in the several States.
[Footnote: Extended by Fourteenth Amendment.]
[§ 2.]
A Person charged in any State with Treason, Felony, or other
Crime, who shall flee from Justice, and be found in another
State, shall on Demand of the executive Authority of the State
from which he fled, be delivered up, to be removed to the
State having Jurisdiction of the Crime.
[§ 3.]
[No Person held to Service or Labour in one State, under the
Laws thereof, escaping into another, shall, in Consequence of
any Law or Regulation therein, be discharged from such Service
or Labour, but shall be delivered up on Claim of the Party to
whom such Service or Labour may be due.]
[Footnote: Superseded by Thirteenth Amendment.]
_Section_ 3.
[§ 1.]
New States may be admitted by the Congress into this Union;
but no new State shall be formed or erected within the
Jurisdiction of any other State; nor any State be formed by
the Junction of two or more States, or Parts of States,
without the Consent of the Legislatures of the States
concerned as well as of the Congress.
[§ 2.]
The Congress shall have Power to dispose of and make all
needful Rules and Regulations respecting the Territory or
other Property belonging to the United States; and nothing in
this Constitution shall be so construed as to Prejudice any
Claims of the United States, or of any particular State.
_Section_ 4.
The United States shall guarantee to every State in this Union
a Republican Form of Government, and shall protect each of
them against Invasion; and on Application of the Legislature,
or of the Executive (when the Legislature cannot be convened)
against domestic Violence.
Article V.
The Congress, whenever two-thirds of both Houses shall deem it
necessary, shall propose Amendments to this Constitution, or,
on the Application of the Legislatures of two-thirds of the
several States, shall call a Convention for proposing
Amendments, which, in either Case, shall be valid to all
Intents and Purposes, as Part of this Constitution, when
ratified by the Legislatures of three fourths of the several
States, or by Conventions in three fourths thereof, as the one
or the other Mode of Ratification may be proposed by the
Congress; Provided that [no Amendment which may be made prior
to the Year One thousand eight hundred and eight shall in any
Manner affect the first and fourth Clauses in the Ninth
Section of the first Article; and] that no State, without its
Consent, shall be deprived of its equal Suffrage in the
Senate.
[Footnote: "[no amendment...]" is a Temporary provision.]
Article VI.
[§ 1.]
All Debts contracted and Engagements entered into, before the
Adoption of this Constitution, shall be as valid against the
United States under this Constitution, as under the
Confederation.
[Footnote: Extended by Fourteenth Amendment, Section 4.]
[§ 2.]
This Constitution, and the Laws of the United States which
shall be made in Pursuance thereof; and all Treaties made, or
which shall be made, under the Authority of the United States,
shall be the supreme Law of the Land; and the Judges in every
State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.
[§ 3.]
The Senators and Representatives before mentioned, and the
Members of the several State Legislatures, and all executive
and judicial Officers, both of the United States and of the
several States, 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.
Article VII.
The Ratification of the Conventions of nine States, shall be
sufficient for the Establishment of this Constitution between
the States so ratifying the Same.
{601}
DONE in Convention by the Unanimous Consent of the States
present the Seventeenth Day of September in the Year of our
Lord one thousand seven hundred and Eighty seven and of the
Independence of the United States of America the Twelfth In
Witness whereof We have hereunto subscribed our names.
Go WASHINGTON--Presidt and deputy from Virginia.
DELAWARE.
Geo: Read
John Dickinson
Gunning Bedford jun
Richard Bassett
Jaco: Broom
NEW HAMPSHIRE.
John Langdon
Nicholas Gilman
MASSACHUSETTS.
Nathaniel Gorham
Rufus King
MARYLAND.
James McHenry
Dan of St. Thos. Jenifer
Danl Carroll
CONNECTICUT.
Wm. Sami. Johnson
Roger Sherman
VIRGINIA.
John Blair
James Madison Jr.
NEW YORK.
Alexander Hamilton
NORTH CAROLINA.
Wm. Blount
Richd. Dobbs Spaight
Hu Williamson
NEW JERSEY.
Wil: Livingston
Wm: Paterson.
David Brearley
Jona: Dayton
SOUTH CAROLINA.
J. Rutledge,
Charles Pinckney
Charles Cotesworth Pinckney
Pierce Butler.
PENNSYLVANIA.
B Franklin
Thos. Fitz Simons
Thomas Mifflin
Jared Ingersoll
Robt. Morris
James Wilson.
Geo. Clymer
Gouv Morris
GEORGIA.
William Few
Abr Baldwin
[Footnote: These signatures have no other legal force than
that of attestation.]
ARTICLES in addition to and Amendment of the Constitution of
the United States of America, proposed by Congress, and
ratified by the Legislatures of the several States, pursuant
to the fifth Article of the original Constitution.
[Footnote: This heading appears only in the joint resolution
submitting the first ten amendments.]
[Article 1.]
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.
[Article II.]
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.
[Article III.]
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.
[Article IV.]
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.
[Article V.]
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 shall private
property be taken for public use, without just compensation.
[Article VI.]
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.
[Article VII.]
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.
[Article VIII.]
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
[Article IX.]
The enumeration in the Constitution, of certain rights, shall
not be construed to deny or disparage others retained by the
people.
[Article X.]
The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people.
[Footnote: Amendments First to Tenth appear to have been in
force from November 3, 1791. (See UNITED STATES OF AMERICA: A. D.
1791.)]
[Article XI.]
The Judicial power of the United States shall not be construed
to extend to any suit in law or equity, commenced or
prosecuted against one of the United States by Citizens of
another State, or by Citizens or Subjects of any Foreign
State.
[Footnote: Proclaimed to be in force January 8, 1798.]
{602}
[Article XII.]
The Electors shall meet in their respective states, and vote
by ballot for President and Vice-President, one of whom, at
least, shall not be an inhabitant of the same state with
themselves; they shall name in their ballots the person voted
for as President, and in distinct ballots the person voted for
as Vice-President, and they shall make distinct lists of all
persons voted for as President, and of all persons voted for
as Vice-President, and of the number of votes for each, which
lists 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 for
President, shall be the President, if such number be a
majority of the whole number of Electors appointed; and if no
person have such majority, then from the persons having the
highest numbers not exceeding three on the list of those voted
for as President, the House of Representatives shall choose
immediately, by ballot, 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 all the states
shall be necessary to a choice. And if the House of
Representatives shall not choose a President whenever the
right of choice shall devolve upon them, before the fourth day
of March next following, then the Vice-President shall act as
President, as in the case of the death or other constitutional
disability of the President.--The person having the greatest
number of votes as Vice-President, shall be the
Vice-President, if such number be a majority of the whole
number of Electors appointed, and if no person have a
majority, then from the two highest numbers on the list, the
Senate shall choose the Vice-President; a quorum for the
purpose shall consist of two-thirds of the whole number of
Senators, and a majority of the whole number shall be
necessary to a choice. But no person constitutionally
ineligible to the office of President shall be eligible to
that of Vice-President of the United States.
[Footnote: Proclaimed to be in force September 25, 1804.]
Article XIII.
_Section_ 1.
Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly
convicted, shall exist within the United States, or any place
subject to their jurisdiction.
_Section_ 2.
Congress shall have power to enforce this article by
appropriate legislation.
[Footnote: Proclaimed to be in force December 18, 1865.
[See UNITED STATES OF AMERICA: A. D. 1865 (JANUARY).]]
Article XIV.
_Section_ 1.
All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside. No State
shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor
shall any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.
_Section_ 2.
Representatives shall be apportioned among the several States
according to their respective numbers, counting the whole
number of persons in each State, excluding Indians not taxed.
But when the right to vote at any election for the choice of
electors for President and Vice President of the United
States, Representatives in Congress, the Executive and
Judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants
of such State, being twenty-one years of age, and citizens of
the United States, or in any way abridged, except for
participation in rebellion, or other crime, the basis of
representation therein shall be reduced in the proportion
which the number of such male citizens shall bear to the whole
number of male citizens twenty-one years of age in such State.
_Section_ 3.
No person shall be a Senator or Representative in Congress, or
elector of President and Vice President, or hold any office,
civil or military, under the United States, or under any
State, who, having previously taken an oath, as a member of
Congress, or as an officer of the United States, or as a
member of any State legislature, or as an executive or
judicial officer of any State, to support the Constitution of
the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the
enemies thereof. But Congress may by a vote of two-thirds of
each House, remove such disability.
_Section_ 4.
The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of
pensions and bounties for services in suppressing insurrection
or rebellion, shall not be questioned. But neither the United
States nor any State shall assume or pay any debt or
obligation incurred in aid of insurrection or rebellion
against the United States, or any claim for the loss or
emancipation of any slave; but all such debts, obligations and
claims shall be held illegal and void.
_Section_ 5.
The Congress shall have power to enforce, by appropriate
legislation, the provisions of this article.
[Footnote: Proclaimed to be in force July 28. 1868.
[See UNITED STATES OF AMERICA: A. D. 1865-1866
(DECEMBER-APRIL); 1866 (JUNE),
and 1866-1867 (OCTOBER-MARCH).]]
Article XV.
_Section_ 1.
The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any State on
account of race, color, or previous condition of servitude.
_Section_ 2.
The Congress shall have power to enforce this article by
appropriate legislation."
[Footnote: Proclaimed to be in force March 30, 1870.
[See UNITED STATES OF AMERICA: A. D. 1869-1870.]]
----------CONSTITUTION OF THE UNITED STATES OF AMERICA: End----------
CONSTITUTION OF VENEZUELA.
The following text is taken from Bulletin No. 34 of the Bureau
of the American Republics:
Article I.
The States that the constitution of March 28, 1864, declared
independent and united to form the Venezuelan Federation, and
that on April 27, 1881, were denominated Apure, Bolivar,
Barquisimeto, Barcelona, Carabobo, Cojedes, Cumamá, Falcón,
Guzmán Blanco, Guárico, Gunynna, Guzmán, Maturin, Nuevn
Esparta, Portuguesa, Táchira, Trujillo, Yaracay, Zamora, and
Zulia are constituted into nine grand political bodies, viz:
The State of Bermudez, composed of Barcelona, Cumaná, and
Maturin; the State of Miranda, composed of Bolivar, Guzman
Blanco, Guárico, and Nueva Esparta; the State of Carabobo,
composed of Carabobo and Nirgua; the State of Zamora, composed
of Cojedes, Portuguesa, and Zamora; the State of Lara,
composed of Barquisimeto and Yaracuy, except the department of
Nirgua; the State of Los Andes, composed of Guzman, Trujillo,
and Táchira; the State of Bolivar, composed of Guayana and
Apure; the State of Zulia, and also the State of Falcón. And
they are thus constituted to continue one only nation, free,
sovereign, and independent, under the title of the United
States of Venezuela.
{603}
Article. 2.
The boundaries of these great States are determined by those
that the law of April 28, 1856, that arranged the last
territorial division, designated for the ancient provinces
until it shall be re-formed.
Article. 3.
The boundaries of the United States of the Venezuelan
Federation are the same that in 1810 belonged to the old
Captaincy-General of Venezuela.
Article. 4.
The States that are grouped together to form the grand
political bodies will be called Sections. These are equal
among themselves; the constitutions prescribed for their
internal organism must be harmonious with the federative
principles established by the present compact, and the
sovereignty not delegated resides in the State without any
other limitations than those that devolve from the compromise
of association.
Article. 5.
These are Venezuelans, viz:
1st, All persons that may have been or may be born on
Venezuelan soil, whatever may be the nationality of their
parents;
2d, The children of a Venezuelan father or mother that may
have been born on foreign soil, if they should come to take up
their domicile in the country and express the desire to become
citizens;
3d, Foreigners that may have obtained naturalization papers; and,
4th, Those born or that shall be born in any of the
Spanish-American republics or in the Spanish Antilles,
provided that they may have taken up their residence in the
territory of the Republic and express a willingness to become
citizens.
Article. 6.
Those that take up their residence and acquire nationality in
a foreign country do not lose the character of Venezuelans.
Article. 7.
Males over twenty-one years of age are qualified Venezuelan
citizens, with only the exceptions contained in this
constitution.
Article. 8.
All Venezuelans are obliged to serve the nation according to
the prescriptions of the laws, sacrificing his property and
his life, if necessary, to defend the country.
Article. 9.
Venezuelans shall enjoy, in all the States of the Union, the
rights and immunities inherent to their condition as citizens
of the Federation, and they shall also have imposed upon them
there the same duties that are required of those that are
natives or domiciled there.
Article. 10.
Foreigners shall enjoy the same civil rights as Venezuelans
and the same security in their persons and property. They can
only take advantage of diplomatic means in accordance with
public treaties and in cases when right permits it.
Article. 11.
The law will determine the right applicable to the condition
of foreigners, according as they may be domiciled or in
transit.
Article. 12.
The States that form the Venezuelan Federation reciprocally
recognize their respective autonomies; they are declared equal
in political entity, and preserve, in all its plenitude, the
sovereignty not expressly delegated in this constitution.
Article. 13.
The States of the Venezuelan Federation oblige themselves--
1st, To organize themselves in accord with the principles of
popular, elective, federal, representative, alternative, and
responsible government;
2d, To establish the fundamental regulations of their interior
regulation and government in entire conformity with the
principles of this constitution;
3d, To defend themselves against all violence that threatens
the sectional independence or the integrity of the Venezuelan
Federation;
4th, To not alienate to a foreign power any part of their
territory, nor to implore its protection, nor to establish or
cultivate political or diplomatic relations with other
nations, since this last is reserved to the Federal power;
5th, To not combine or ally themselves with another nation,
nor to separate themselves to the prejudice of the nationality
of Venezuela and her territory;
6th, To cede to the nation the territory that may be necessary
for the Federal district;
7th, To cede to the Government of the Federation the territory
necessary for the erection of forts, warehouses, shipyards,
and penitentiaries, and for the construction of other edifices
indispensable to the general administration;
8th, To leave to the Government of the Federation the
administration of the Amazonas and Goajira territories and
that of the islands which pertain to the nation, until it may
be convenient to elevate them to another rank;
9th, To reserve to the powers of the Federation all
legislative or executive jurisdiction concerning maritime,
coastwise, and fluvial navigation, and the national roads,
considering as such those that exceed the limits of a State
and lead to the frontiers of others and to the Federal
district;
10th, To not subject to contributions the products or articles
upon which national taxes are imposed, or those that are by
law exempt from tax before they have been offered for
consumption;
11th, To not impose contributions on cattle, effects, or any
class of merchandise in transit for another State, in order
that traffic may be absolutely free, and that in one section
the consumption of others may not be taxed;
12th, To not prohibit the consumption of the products of other
States nor to tax their productions with greater general or
municipal taxes than those paid on products raised in the
locality;
13th, To not establish maritime or territorial custom-houses
for the collection of imports, since there will be national
ones only;
14th, To recognise the right of each State to dispose of its
natural products;
15th, To cede to the Government of the Federation the
administration of mines, public lands, and salt mines, in
order that the first may be regulated by a system of uniform
working and that the latter may be applied to the benefit of
the people;
16th, To respect the property, arsenals, and forts of the
nation;
17th, To comply with and cause to be complied with and
executed the Constitution and laws of the federation and the
decrees and orders that the federal power, the tribunals, and
courts may expedite in use of their attributes and legal
faculties;
18th, To give entire faith to and to cause to be complied with
and executed the public acts and judicial procedures of the
other States;
19th, To organize their tribunals and courts for the
administration of justice in the State and to have for all of
them the same substantive civil and criminal legislation and
the same laws of civil and criminal procedure;
20th, To present judges for the court of appeals and to submit
to the decision of this supreme tribunal of the States;
21st, To incorporate the extradition of criminals as a
political principle in their respective Constitutions;
22d, To establish direct and public suffrage in popular
elections, making it obligatory and endorsing it in the
electoral registry. The vote of the suffragist must be cast in
full and public session of the respective board; it will be
inscribed in the registry books that the law prescribes for
elections, which can not be substituted in any other form, and
the elector, for himself or by another at his request in case
of impediment or through ignorance, will sign the memorandum
entry of his vote, and without this requisite it can not be
claimed that in reality he has voted;
{604}
23d, To establish a system of primary education and that of
arts and trades;
24th, To reserve to the powers of the Federation the laws and
provisions necessary for the creation, conservation, and
progress of general schools, colleges, or universities
designed for the teaching of the sciences;
25th, To not impose duties upon the national employés, except
in the quality of citizens of the State and insomuch as these
duties may not be incompatible with the national public
service;
26th, To furnish the proportional contingent that pertains to
them to compose the national public forces in time of peace or
war;
27th, To not permit in the States of the Federation forced
enlistments and levies that have or may have for their object
an attack on liberty or independence or a disturbance of the
public order of the Nation, of other States, or of another
Nation;
28th, To preserve a strict neutrality in the contentions that
may arise in other States;
29th, To not declare or carry on war in any case, one State
with another;
30th, To defer and submit to the decision of the Congress or
the High Federal Court in all the controversies that may arise
between two or more States when they can not, between
themselves and by pacific measures, arrive at an agreement.
If, for any cause, they may not designate the arbiter to whose
decision they may submit, they leave it, in fact, to the High
Federal Court;
31st, To recognize the competency of Congress and of the court
of appeals to take cognizance of the causes that, for treason
to the country or for the infraction of the Constitution and
laws of the Federation, may be instituted against those that
exercise executive authority in the States, it being their
duty to incorporate this precept in their constitutions. In
these trials the modes of procedure that the general laws
prescribe will be followed and they will be decided in
consonance with those laws;
32d, To have as the just income of the States, two-thirds of
the total product of the impost collected as transit tax in
all the custom-houses of the Republic and two-thirds of that
collected from mines, public lands, and salt mines
administered by the Federal Power and to distribute this
income among all the States of the Federation in proportion to
the population of each;
33d, To reserve to the Federal Power the amount of the third
part of the income from transit tax, the production of mines,
public lands, and salt mines, to be invested in the
improvement of the country;
34th, To keep far away from the frontier those individuals
that, through political motives, take refuge in a State,
provided that the State interested requests it.
Article. 14.
The nation guarantees to Venezuelans:
1st, The inviolability of life, capital punishment being
abolished in spite of any law that establishes it;
2d, Property, with all its attributes, rights and privileges,
will only be subjected to contributions decreed by legislative
authority, to judicial decision, and to be taken for public
works after indemnity and condemnation;
3d, The inviolability and secrecy of correspondence and other
private papers;
4th, The domestic hearth, that can not be approached except to
prevent the perpetration of crime, and this itself must be
done in accordance with law;
5th, Personal liberty, and consequently
(1) forced recruiting for armed service is abolished,
(2) slavery is forever proscribed,
(3) slaves that tread the soil of Venezuela are free, and
(4) nobody is obliged to do that which the law does not
command, nor is impeded from doing that which it does not
prohibit;
6th, The freedom of thought, expressed by word or through the
press, is without any restriction to be submitted to previous
censure. In cases of calumny or injury or prejudice to a third
party, the aggrieved party shall have every facility to have
his complaints investigated before competent tribunals of
justice in accordance with the common laws;
7th, The liberty of traveling without passport, to change the
domicil, observing the legal formalities, and to depart from
and return to the Republic, carrying off and bringing back his
or her property;
8th, The liberty of industry and consequently the
proprietorship of discoveries and productions. The law will
assign to the proprietors a temporary privilege or the mode of
indemnity in case that the author agrees to its publication;
9th, The liberty of reunion and assembling without arms,
publicly or privately, the authorities being prohibited from
exercising any act of inspection or coercion;
10th, The liberty of petition, with the right of obtaining
action by resolution; petition can be made by any functionary,
authority or corporation. If the petition shall be made in the
name of various persons, the first five will respond for the
authenticity of the signatures and all for the truth of the
assertions;
11th, The liberty of suffrage at popular elections without any
restriction except to males under eighteen years of age;
12th, The liberty of instruction will be protected to every
extent. The public power is obliged to establish gratuitous
instruction in primary schools, the arts, and trades;
13th, Religious liberty;
14th, Individual security, and, therefore
(1) no Venezuelan can be imprisoned or arrested in
punishment for debts not founded in fraud or crime;
(2) nor to be obliged to lodge or quarter soldiers in his
house;
(3) nor to be judged by special commissions or tribunals,
but by his natural judges and by virtue of laws dictated
before the commission of the crime or act to be judged;
(4) nor to be imprisoned nor arrested without previous
summary information that a crime meriting corporal
punishment has been committed, and a written order from the
functionary that orders the imprisonment, stating the cause
of arrest, unless the person may be caught in the
commission of the crime;
(5) nor to be placed in solitary confinement for any cause;
(6) nor to be obliged to give evidence, in criminal causes,
against himself or his blood relations within the fourth
degree of consanguinity or against his relations by
marriage within the second degree, or against husband or
wife;
(7) nor to remain in prison when the reasons that caused
the imprisonment have been dissipated;
(8) nor to be sentenced to corporal punishment for more
than ten years;
(9) nor to remain deprived of his liberty for political
reasons when order is reestablished.
{605}