« 이전계속 »
THE CONSTITUTION OF THE UNITED STATES OF
Section 1. The Congress
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. House of Representatives 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. Clause 1.
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. Clause 2.
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within erery 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. Clause 3.
When racancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. Clause 4.
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. Clause 5.
Section 3. The Senate
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. Clause 1. Clause 1, supra, was superseded by the 17th Amendment, post. 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. Clause 2.
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and beer nine years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
The Vice President of the ‘United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. Clause 4.
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. Clause 5.
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. Clause 6.
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. Clause 7.
Section 4. Elections and Meetings 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. Clause 1.
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. Clause 2.
Section 5. Legislative Proceedings 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. Clause 1.
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. Clause 2.
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. Clause 3.
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. Clause 4.
Section 6. Rights of Members 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. Clause 1.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. Clause 2.
Section 7. Bills and Resolutions
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. Clause 1.
Erery Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States; If he approves 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. Clause 2.
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 Representatires, according to the Rules and Limitations prescribed in the Case of a Bill. Clause 3.
Section 8. Powers of Congress The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts, and Excises shall be uniform throughout the United States. Clause 1.
The act of August 24, 1937 (50 Stat. 751), provides for intervention by the United Siates whenever the constitutionality of any Act of Congress affecting the public interest is drawn in question in any court of the United States, and for direct appeals to the Supreme Court where any Act of Congress is held unconstitutional by a lower court of the United States in cases to which the United States, or any agency thereof, is a party.
Notes of Decisions In general.--National emergency may call or implied power granted by Federal Constiinto activity existing dormant power of Con- tution. Id. gress, but cannot create power not thereto. Constitutionality of law.--If a decision of fore existing. U. S. v. Lieto (D. C., 1934), the Supreme Court declaring a statute un6 F. Supp. 32.
constitutional is subsequently overruled, the Congress bas no general police power, but statute will be held valid from the date it must bring enactments within some specified became effective, West Coast Hotel Co. v.
Parrish (1937), 300 U. S. 379, overruling Taxation. --The immunity from federal tax-
First, because the method of exercise of The provisions of a joint resolution estab- the federal taxing power, by, and upon, all lishing a commission composed largely of the people through their representatives in members of Congress and authorizing them Congress affords a safeguard against its abuse to appoint a United States Commissioner at the expense of State sovereignty; and, General and two Assistant Commissioners Secondly, because the immunity is at the for the New York World's Fair, and also pro- expense of the national sovereign power to viding for the expenditure of the appropria tax and if enlarged beyond the necessity of tion made by the resolution, and for the ad. protecting the States, its burden is thrown ministration of the resolution generally, upon the National Government with benefit amount to an unconstitutional invasion of only to a privileged class of taxpayers. Hel. the province of the executive. (May 17, vering v. Gerhardt (1938), 304 U. S. 405. 1937) 39 Op. Atty. Gen. No. 10.
The immunity from federal taxation of
income received by individuals as compensa. General welfare.—Norris Dam, built and
tion for services rendered to a State, does operated to create extra head of water power
not extend to cases where the burden of the Wilson im, was validly constructed under
tax to a State function is not shown to be constitutional power of Congress to provide
actual and substantial, and not conjectural. for the common defense and general welfare.
This principle applies even though the funcTennessee Valley Authority Act of 1933, sec. 17, 16 U. S. C. A. sec. 831p; Const. art. 1,
tion be thought important enough to demand sec. 8. cl. 1. Tennessee Electric Power Co. v.
immunity from a tax upon the State itself.
Id. Tennessee Valley Authority (1938), 21 F. Supp. 947.
To borrow Money on the credit of the United States. Clause 2.
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes. Clause 3.
Notes of Decisions
Authority over navigable waters.-Sover- Though Congress, in the exercise of its eign right of a State in and to navigable power over navigation, may adopt any means waters held subject to paramount power of having some positive relation to the control Federal Government to regulate navigation of navigation and not otherwise inconsistent
with the Constitution, it may not arbitrarily and commerce between States and foreign countries.
destroy or impair the rights of riparian Luckenbach S. S. Co., Inc., v.
owners by legislation which has no real or Denney (Wash., 1929), 278 P. 419.
substantial relation to the control of navigaFederal authority over navigable streams
tion or appropriateness to that end. State of is in aid of commerce and navigation. Okan
Wisconsin v. State of Illinois (1929), 278 ogan-Douglas Inter-County Bridge Co.
U. S. 367. State (Wash., 1928), 266 P. 724; writ of
Ordinarily navigable waters within State error dismissed and certiorari denied (1928), are subject to State's control till Federal 278 U. S. 571.
Government assumes jurisdiction. Leitch v. Power of Congress over waters susceptible City of Chicago (C. C. A., 1930), 41 F. (20) of being used in ordinary condition as high- 728 ; certiorari denied (1930), 282 U. S. 891. ways for interstate or foreign commerce is State may exercise plenary control over plenary. U. S. v. Doughton et al. (C. C. A., navigable waters within its limits up to 1933), 62 F. (20) 936.
ordinary high-water mark, in absence of To come within regulatory power of Con- congressional action under the commerce gress as "navigable waters of United States," powers of the Federal Constitution (Const. stream must be susceptible in natural condi- U. S. art. 1, sec. 8, cl. 3). Natcher v. City of tion of becoming highway of interstate or Bowling Green (Ky., 1936), 95 S. W. (20) foreign commerce. Id.
To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States. Clause 4.
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures. Clause 5.
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States. Clause 6.
To establish Post Offices and post Roads. Clause y.