 chapters 48 and 49 of problems in American democracy. This is a LibriVox recording. All LibriVox recordings are in the public domain. For more information or to volunteer please visit LibriVox.org. This reading by Allison Hester of Athens, Georgia. Problems in American democracy by times Williamson chapter 48 the state courts part a sources of law 602 English common law one important source of our system of jurisprudence is the English common law this law is not found in the enactment of statutes but consists of court decisions spread over several centuries the common law has been defined as that rule of civil conduct which originated in the common wisdom and experience of society and which in time became an established custom and has finally received judicial sanction in affirmance in the decisions of the courts of last resort the common law began its development in early England and with the settlement of America was transplanted to this country the radically modified by American constitutional and statutory enactments it still remains the basis of our legal system 603 equity common law tended to become so stereotyped and so inflexible that in some cases an application of the law worked an injustice very early in English history this situation gave rise to a new form of jurisprudence called equity equity is that legal system which supplements common and statute law by aiming to secure justice where a strict application of law would work an injustice equity developed in England after the Norman conquest and like the common law was transferred to this country in colonial times a distinct set of chancery or equity courts was created to administer equity in early America but at present equity is administered by the same judges that preside over the regular state law courts both equitable and legal relief may be secured in one suit 604 statutes another important source of law is the statutes enacted by the state legislature most state laws relate to the structure and functions of government but statutory enactment is also employed to regulate a few branches of private law including principally matters which affect the public at large as well as private individuals examples are laws relating to wills and succession to property marriage and divorce partnerships and corporations the scope of the statutes is widening and during the last half-century several fields of the common law have been covered by statute criminal law criminal procedure and civil procedure have been codified in various states some states have attempted to codify the entire civil law but experience has proved that this may easily render the law too rigid 605 other sources of law the state constitution the federal constitution and federal laws and treaties with foreign countries are other sources of state law in summary the various kinds of law which are enforceable in the state courts may be considered as forming a pyramid built upward by the following steps English common law equity state statutes the state constitution federal statutes treaties with foreign nations and the federal constitution part B structure of the courts 606 the justice of the peace state courts are arranged in a progressive series at the bottom of this series is the justice of the peace who exercises jurisdiction over petty offenses and over civil cases involving very small amounts generally there is a justice of the peace in each township or other local district in large cities the civil and criminal jurisdiction of the justice of the peace is usually divided between two sets of courts first the municipal or city courts with a minor civil jurisdiction and second the police or magistrates courts with jurisdiction over petty criminal offenses the police or magistrates courts have the power to make preliminary investigations in case of felonies or serious misdemeanors 607 the county courts above the justices of the peace there are in most states a number of county courts exercising limited jurisdiction these courts sometimes called courts of common pleas or district courts have jurisdiction over civil cases involving considerable sums as well as jurisdiction over most criminal offenses in addition these courts usually consider appeals from the judgments of justices of the peace 608 superior or circuit courts in many states there is a superior circuit or district court immediately above the county courts though in some states this tribunal takes the place of the county courts the superior court has jurisdiction over civil cases involving unlimited sums as well as unlimited original jurisdiction over criminal matters it may also try all cases over which the lower courts have no jurisdiction 609 the supreme court at the head of the state judicial system there is a court of last resort known in various states by different names it may be called the court of appeals the court of errors and appeals or simply the supreme court practically all of the cases coming before this court are appealed from the lower courts ordinarily it deals with points of law rather than a fact 610 special court in addition to the regular state courts there are sometimes special tribunals for special purposes examples of such courts are the probate or surrogates courts for the settlement of the states of deceased persons children's courts for the treatment of cases involving children courts of domestic relations and courts of claims for hearing claims against the state 611 state judges in almost all of the states judges are chosen by popular vote though in half a dozen states the choice of these officials still lies with the legislature or with the governor or with both acting jointly judges of the higher state courts are generally chosen for a long period of time even for life while the judges of the lower courts are chosen for relatively short periods salaries vary from practically nothing but fee money for some justices of the piece to an average of seven thousand dollars a year for justices of the supreme court the qualifications imposed upon judges including minimum age of 25 to 35 years in citizenship for a varying period of years another common requirement is residents within the state or even residents within the judicial district for judges of the higher courts it is the custom to demand membership in the legal profession judges may be removed by impeachment and in a few states by the use of the recall 612 other court officials the district or prosecuting attorney is an important official generally he is chosen by the voters of the county though in some instances he is elected from larger areas the district attorney represents the state in all criminal cases and conducts the prosecution this officer conducts a preliminary investigation into crimes and determines whether or not a prosecution should be instituted if the decision is in the affirmative he presents the case to the grand jury if the grand jury returns an indictment that is if it demands that the accused be held for trial the prosecuting attorney conducts the prosecution at the ensuing trial the clerk or recording officer is generally appointed by the court though he may be elected by popular vote the constable or sheriff is elected by popular vote the clerk and the constable are charged with the execution of all orders judgments and decrees of the court part C powers and procedure 613 relation of state to federal courts the framework of American government includes a dual system of courts the federal courts and the state courts the jurisdiction of the federal courts is specifically defined by the federal constitution while the state courts have a jurisdiction which is limited only by the prohibitions of the state and federal constitutions the two systems of courts are independent in the exercise of their respective powers and have separate jurisdictions in some cases however the state courts have a concurrent jurisdiction with the federal courts and a litigant has no choice of tribunals before which to bring suit in most suits the decision of the state Supreme Court is final but cases involving federal law may be appealed for final decision to the Supreme Court of the United States 614 power to declare state statutes unconstitutional just as the federal courts are the final interpreters of all domestic law so the state courts have the power to pass upon the constitutionality of statutes enacted either by the state legislature or by local lawmaking bodies the state constitution is the fundamental law of the state and it is the duty of the state courts to see that all state and local legislative acts conform to this fundamental law 615 power over executive officials through their power to pass upon the legality of executive acts the state courts exercise some degree of control over executive officials if a state governor were illegally to remove an official from office for example the courts could reinstate the latter the state courts also have the power to issue rits of mandamus and injunction the former may be used under certain circumstances to compel an executive officer to perform his duty the latter it may be used to prevent either state officials or private individuals from committing illegal acts 616 civil jurisdiction the jurisdiction of the state courts is either civil or criminal the purpose of civil law is to protect the rights of the individual and to redress his wrongs the individual rights which are the concern of civil law fall under three heads first the right of personal security including the right of protection against violence second the right of personal liberty including the rights set forth in the bill of rights of the state constitution third the rights of property including the right to acquire and hold property and the right to demand fulfillment of contracts made under state law 617 civil procedure if an individual believes that his rights have been violated he as plaintiff is entitled to file a complaint with the proper court the sheriff or constable then summons the defendant to appear in court and the clerk of the court issues a summons or subpoena to all witnesses which either party to the suit desires to have testify generally either party may demand a trial by jury both plaintiff and defendant are ordinarily represented by council which present the different sides of the case to the judge and the jury the judge decides what evidence may be properly presented to the jury after the closing argument of the plaintiff's council the judge instructs the jury on the legal points involved in the case the jury then retire and attempt to reach a unanimous decision if able so to agree they return a verdict for either plaintiff or defendant and after the verdict has been accepted by the court judgment is rendered if the jurors have been unable to come to a unanimous decision the case is ordinarily tried with another jury though in a few states a unanimous verdict in civil cases is not required if the decision of the court is accepted as final the judgment is enforced on the other hand the dissatisfied party may appeal the case to the next higher court on the ground that the verdict was contrary to the weight of evidence or because of errors of law committed by the judge under certain circumstances the judge who tries the case may be induced to grant a new trial six eighteen criminal jurisdiction the purpose of criminal law is to punish those who have committed public wrongs i.e. wrongs against the state or community crimes are of two types first felonies including such grave offenses as murder arson burglary in larceny and second misdemeanors including such lesser offenses as bribery knowingly receiving stolen goods libel assault and battery and disturbance of the peace usually felonies are punished either by death or by a long prison sentence misdemeanors are ordinarily punished by fines or by imprisonment for a short term six nineteen criminal procedure a criminal proceeding usually begins with the arrest of the accused person generally though not always arrest is in pursuance of a warrant as soon after arrest as possible the accused is brought before a magistrate for a preliminary examination if the examining magistrate finds that there is probable cause for holding him for trial the accused is committed to jail to await the trial unless the charges murder however the defendant may be released on bail if the charge is a serious one indictment by the grand jury is the next step if this jury decides that the evidence is insufficient the charge is dismissed and the prisoner released the grand jury meets in secret and hears only the charges against the accused these are generally presented by the prosecuting attorney after the defendant is indicted the prisoner is brought into court and allowed to plead if he pleads guilty the judge may forthwith imposed sentence and there is no trial if the plea is not guilty a trial is arranged a jury of twelve men and paneled and the trial begins the case is opened by the prosecuting attorney since it is the duty of the state to assume the defendant innocent until he is proved guilty the prosecuting attorney presents his witnesses each of which the defendant's attorney may cross examine and in turn allows the defendant's attorney to present the defense the prisoner is not questioned at any stage in the trial unless he is willing to take the stand as a witness on his own behalf after the prosecuting attorney and the defendant's counsel have completed their case the judge sums up the evidence brought out by each side and instructs the jury as to the law involved the jury then retire and attempt to reach a verdict generally such a verdict must be unanimous and if this cannot be secured the jury is dismissed and the case is held for retrial if the verdict is not guilty the prisoner is discharged if he is found guilty sentence is imposed by the court either immediately or at some future date and of chapter forty-eight chapter forty-nine municipal government part a development of the american municipality six twenty rapid growth of american cities a striking feature of american life is the rapidity with which our cities have grown at the time of washington's first inauguration the united states were so predominantly rural that only about one thirtieth of our population was found in the cities with the progress of the industrial revolution came an unprecedented development of transportation and the factory system more and more people made their homes in the cities until in eighteen ninety approximately a third of the people of the united states were living in cities according to the census of nineteen twenty more than half of our population is concentrated in towns and cities six twenty one the american city before the revolution new york now the largest american city is also the oldest having received its charter in sixteen eighty six between that date and the outbreak of the revolution nineteen other municipalities received charters the colonial cities modeled their organization after the english borough practically all authority was vested in a council consisting of a mayor recorder alderman and councilman acting as a single body the mayor was either appointed by the governor or elected by the council the chief duty of the mayor was to preside over the council and execute its ordinances six twenty two the american city seventeen seventy five to eighteen twenty five several important changes in the character of the american city took place in the half century which followed the declaration of independence the power to grant charters to cities was transferred from the governor to the state legislature this was the natural outcome of an increasing suspicion of the executive authority and a corresponding increase of faith in the state legislature before the end of this period the city came definitely under the control of the state legislature in the absence of constitutional restrictions the legislature has continued to exercise an almost dictatorial control over the cities within its borders also typical of this period was the subordination of city affairs to state and national politics six twenty three the american city eighteen twenty five to eighteen fifty during this period a number of new cities sprang into prominence immigration was increasing in the industrialization of the country was crowding the population into larger and larger units new york boston st lewis and other cities adopted the two chambered council plan the passion for democratic control swept away the property qualifications prescribed by some of the early city charters and practically attained universal manhood suffrage the demand for popular control likewise led to the present practice of choosing the mayor by popular vote the older methods of state appointment or council election being discarded six twenty four the american city eighteen fifty to eighteen seventy five many pressing municipal problems appeared in this period the functions of the american city became more numerous and more complex police and fire systems were installed waterworks sewer systems and city parks were provided education and charitable relief were developed under the stress of administering these additional functions cities applied more and more frequently to the state legislature for special legislation granting them additional powers state legislatures tended to pass such special acts freely with the result that corrupt and pernicious legislation became common in many states special interests engaged in lobbying bribery and log rolling to secure special favors from legislatures public service corporations often secured valuable franchises on terms that did not adequately protect the public interest 625 municipal reform the period since 1875 and especially since 1900 has been marked by a strong tendency to reform municipal government the abuse of power by the city council in many instances forfeited the respect with which the public had formally regarded that body the power to appoint various city officials was transferred from the council to the voters and many of the functions formally exercised by the council were entrusted to newly created municipal boards in about half of the states constitutional provisions now forbid the legislature to pass special acts considering municipalities in other states the constitution enumerates a large number of subjects with regard to which the legislature cannot enact special legislation in some states the cities of the state are classified into two or more groups according to population the legislature is compelled to designate the group or groups to which statutes are to apply in about a dozen states certain types of cities are allowed to frame and amend their own charters provided that such acts are not inconsistent with the constitution and statutes of the state municipal civil service reform is of increasing importance more than 200 american cities having sanctioned it in some form as applied to municipal affairs the merit system includes a municipal commission appointed by the mayor a system of competitive examinations designed to test character and capacity a plan for requiring the appointing officer in each department of city government to select his subordinates from an eligible list a method of removing officials and sometimes a system of pensioning employees who have grown old in the service the movement for popular control has been closely associated with municipal development the tendency to shorten the ballot the holding of municipal elections at different times than state and national elections and the concentration of administrative officers under a responsible appointing head are steps in this direction in many states the direct primary has been intimately associated with municipal development the initiative referendum and recall have been adopted in a large number of cities especially where the mayor council plan has been abandoned for the commission form of government part b municipal organization 626 the three types of city government the three types of city government in the united states are the mayor council plan the commission plan and the city manager plan footnote for a description of the commission and city manager plans of city government c chapter 36 end of footnote the commission plan is a new form of city government which has been designed to overcome the defects of the old mayor council plan while the city manager plan is a modification of the commission plan of recent years both the commission plan and the city manager plan have spread rapidly but it is still true that few american cities of any appreciable size have adopted either of these two plans the old mayor council plan prevails in most american cities and for this reason the remainder of this chapter will be devoted to a description of this form of government 627 the city council organization usually the city council is a single chambered body though some of the larger cities have from time to time experimented with a double chambered council in some cities councilmen are chosen on a general ticket but in most cases the council consists of one member from each ward or district into which the city is divided councilmen must be voters in the city in which they serve and by custom they are generally required to be residents of the ward from which they are chosen the terms of councilmen vary from one to four years two years being the average term in the smaller cities councilmen are usually unpaid but in the larger municipalities they receive a stated salary 628 the city council powers the typical american city is subservient to the state legislature the powers of city government being enumerated in a charter received from the legislature these enumerated powers have been rather narrowly interpreted by the courts the council enjoys a measure of police power which it may invoke to protect the health and to further the well-being of the city's inhabitants the exercise of this police power however must not conflict with state law the council has the power to levy taxes to defray expenses incurred in performing municipal functions state constitutions and legislatures limit this power rather narrowly however subject to a similar limitation is the council's power to raise money through the issue of bonds city councils may act as the agents of the state government in matters affecting education and charitable relief 629 the city council procedure the city council meets periodically generally weekly or bi-weekly it determines its own rules of procedure and keeps a journal the committee system is used for the dispatch of business ordinances may be proposed by any member of the council after being introduced ordinances are read by title and are referred to the proper committee a second and third reading at subsequent meetings are required if the ordinance is approved by a majority of the council it is signed by the presiding officer and sent to the mayor in many cities the mayor may veto any ordinance passed by the council in case of a veto the measure becomes law only if passed by a two-thirds in some cities three-fourths or four-fifths vote of the council in those cities where the mayor has no veto power the ordinance goes into effect immediately upon being passed by a council 630 the mayor in all cities where the mayor council plan of government prevails the chief executive officer is the mayor or chief magistrate this officer is usually elected by popular vote for a term varying from one to four years usually the term is two years though in new england a one-year term is more common the mayor is paid a salary which ranges from a few hundred dollars in the smaller cities to several thousands of dollars in a number of the larger municipalities 631 the mayor and the council it is the duty of the mayor to communicate at least once a year to the city council a general statement of the administration and financial condition of the city the mayor may also recommend to the city council in his annual message or otherwise the passage of ordinances which he considers needful in smaller cities and in a few of the larger municipalities the mayor presides over the council and has a casting vote in case of a tie but in most of the larger cities he is not a member of the council in most cities he has the veto power in many of the more recent city charters the mayor is given the power to veto separate items in an appropriation bill while approving the remainder of the measure just as some governors may veto separate items in appropriations bills enacted by the state legislature 632 632 administrative duties of the mayor the mayor stands at the head of the city administration but the extent of his control varies from city to city in the last half century the decline in popular favor of the city council has been accompanied by a growing tendency to enlarge the administrative powers of the mayor in many of the smaller cities the mayor is still little more than a presiding officer of the council in such cities subordinate executive officials are usually chosen by popular vote or are appointed by the council in other cities the mayor may appoint the chief administrative officials subject to the consent of the council and still other cities including many of the larger municipalities the mayor may both appoint and remove the heads of the executive departments without interference on the part of the council 633 other administrative officials such highly complex and important matters as health education parks charities police fire protection and public works are the concern of the numerous administrative officials of the city administrative work is carried on by two methods first the board system in which such concerns as schools public health and police are managed by boards composed of members of the city council and second single commissioners who are more or less under the control of the mayor the board system has proved less efficient than the single commissioner plan and accordingly there is a tendency to abandon the former for the latter plan end of chapter 49 chapter 50 of problems in American democracy this is a LibriVox recording all LibriVox recordings are in the public domain for more information or to volunteer please visit LibriVox.org this reading by Allison Hester of Athens Georgia problems in American democracy by times Williamson chapter 50 rural local government 634 types of rural local government rural local governments in the United States vary widely as between different sections of the country but in general they are divisible into three types these are a the town type so common in new england b the county type found chiefly in the south the southwest in the far west and c the mixed type of the middle central and northwestern states these three general types will be discussed in the order named a the town type 635 nature of the town the basis of rural local government in new england is the town footnote the county exists in new england as an aggregation of towns the county has acquired other functions but it is still primarily a judicial district end of footnote in general the new england town is an irregularly shaped area varying in size from 20 to 45 square miles the area comprising the typical town is primarily rural and generally contains one or more villages although the town is primarily a rural unit the villages within its bounds may be so populous as to be classed as cities yet these populous communities may as in the case of brookline massachusetts retain the town government other new england cities such as new haven and heartford connecticut have continued the town organization separate from the city government 636 origin of the town some authorities believe that the town type of rural local government can be traced back through english history to the early teutonic tribes whether or not this is true it is certain that the principal is an ancient one and that when new england was first settled the colonists group together in small compact communities or towns instead of scattering over larger areas 637 why town government developed in new england several factors are responsible for the tendency of the settlers of early new england to draw together in towns from the economic point of view the barren nature of the soil rendered extensive farms impracticable while on the other hand the opportunities for fishing and commerce encouraged small compact settlements along the coast the hostility of many of the new england indians also discouraged sparse settlements and obliged the people to settle in close formation lastly many of the new england colonists came to the new world as groups or communities which in their european homes had pivoted about a common church in new england these people naturally preferred to live very near one another 638 town government the government of the new england town is vested in a town meeting which consists of an annual session of the voters of the town at this meeting the voters enact laws governing such local matters as town finance schools police and highways a second important function of the town meeting is to choose the town officers including the select men footnote in rhode island the select men are known as the council in the footnote the town clerk treasurer constable and others the chief executive officers are the select men varying in number from three to nine and generally chosen for the term of one year the select men have general charge of town affairs and act under authority conferred by statute or by the town meeting the town clerk keeps the records the treasurer has charge of the funds of the town and sometimes audits accounts while the constable keeps the piece of the town serves a ritz and collects local taxes in addition there are a number of minor officials such as tax assessors poundkeepers guardians of the poor highway officials and library trustees part b the county type why county government developed in the south the system of county government became as firmly entrenched in the southern colonies as did the concept of the town in early new england four factors operated to discourage town government and to encourage county government in the south first the southern colonists did not come in small family groups as did the new englanders but rather as individuals and from different classes of society second the indians of the south were either weak or peaceful so that fear of indian attack did not oblige the colonists to congregate in small compact communities third the climate and soil of the south encouraged a plantation system which resulted in a sparse rather than in a compact population fourth the aristocratic type of society developing from the plantation enslaved system prevented the rise of democratic town meetings six forty government of the southern county though county government is also found in the southwest and far west it is seen in its purest form in the south here the county was originally a judicial district or sometimes also a financial district to facilitate the collection of taxes the functions of the county have gradually increased until such local affairs as schools jails poor houses and the maintenance of roads and bridges are concerns of the southern county the chief administrative authority in the county is either the county court or a small board of commissioners in either case the administrative authority is chosen by popular vote in addition there are a number of minor officers such as the treasurer tax assessor and recorder all of them chosen by popular vote for terms varying from one to four years six forty one government of the far western county in the far west likewise the most important unit of rural local government is the county the county is governed by a board usually consisting of three commissioners in general the officers of the far western county resemble those in the central states c-section 644 part c the mixed type footnote sometimes called the town ship county system into footnote 642 origin of the mixed type the mixed type of rural local government is a hybrid the result of the incomplete fusion of the town type with the county type the northern parts of the central states were settled largely by immigrants from new england while the southern portions of the middle west were settled by pioneers from pennsylvania and the states south of the ohio river the new england immigrants were used to town government and endeavored to perpetuate it in their new home the settlers from the south preferred the county form of government and sought its adoption in their new homes the result was a compromise some functions of rural local government being assigned to the county and some to the township 643 the two subtypes in the fusion of the town and county types of government the county system tended to predominate over the town or township form of government when settlers from the south were in the majority in the northern section of the country on the other hand the compromise form tended to include a majority of the features of the town type the result was the formulation of two subtypes the first of these may be called the pennsylvania subtype so named because it originated in pennsylvania and then spread with modifications to ohio indiana kansas Missouri and other states in these states the town or township authority is subordinated to the county government there is no town meeting the new york subtype exists in typical form in new york but is also found in new jersey michigan illinois wisconsin minnesota the dakotas and other states the town meeting is found in these states and in five of them the townships are represented on the county board 644 the new york subtype in states possessing the new york subtype of rural local government the town meeting is still important this meeting is similar to the new england town meeting though it exercises less authority all the legal voters of the township are qualified to take part in this meeting which is held annually and on special occasions at this meeting are chosen township officers for the following year the most important of these are the supervisor clerk treasurer assessor and a varying number of constables and justices of the piece in addition to electing these and other officers the town meeting enacts legislation with regard to such local matters as bridges roads and schools in some of the central states general executive authority over township affairs is vested in a township board while in other states administrative authority is divided between a township board of from three to eleven members and a supervisor or trustee besides these officials there are a number of minor officers including a clerk a treasurer an assessor overseers of the poor constables and justices of the piece the county board continues to exist under the new york plan but it is far less important than under the pennsylvania subtype the functions of the county board are similar in these two subtypes 645 the pennsylvania subtype in those states in which the pennsylvania subtype of rural local government prevails general control of government is vested in a county board this board is composed of three commissioners who are elected by the voters of the county in all of the central states the county board possesses numerous powers but the powers of the board are greater under the pennsylvania than under the new york subtype under the former plan the county board exercised four groups of powers first the levying of taxes and the appropriation of local funds second the maintenance of roads third poor relief and fourth the supervision of local elections besides the members of the county board there are a number of other county officials the chief executive officer of the county court is the sheriff the prosecuting attorney is an elective official whose duty it is to conduct criminal prosecutions and to act as the legal agent of the county the treasurer has charge of county funds and sometimes supervises the collection of taxes he is elected by the people generally for a two-year term the clerk or auditor is an important county officer as is the surveyor the county superintendent of schools and the recorder or register of deeds 646 home rule for counties generally county authorities are narrowly limited by the state constitution and state statutes this has always resulted in numerous appeals to the legislature for special legislation and has lately given rise to a demand for home rule for counties in the effort to reduce the pressure for special laws in the legislature the michigan constitution of 1908 provided for a measure of home rule in the counties the legislature is authorized to confer legislative powers on the county boards which may pass laws and ordinances relative to purely local affairs provided such enactments do not conflict with state law and provided further that such enactments do not interfere with the local affairs of any township incorporated city or village within the limits of the county such laws may be vetoed by the governor but may be passed over his veto by a two-thirds vote of the county board another step toward home rule was taken when in 1911 california by constitutional amendment empowered counties to frame their own charters and on securing popular approval to put the same into effect however the charter thus framed and approved must first be sanctioned by the state legislature end of chapter 50 the constitution of the united states of america this is a LibriVox recording all LibriVox recordings are in the public domain for more information or to volunteer please visit LibriVox.org this reading by Allison Hester of Athens Georgia problems in american democracy by times williamson appendix the constitution of the united states of america we the people of the united states in order to form a more perfect union establish justice ensure domestic tranquility provide for the common defense 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 one section one all legislative powers here in granted shall be vested in a congress of the united states which shall consist of a senate and a house of representatives section two part one 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 section two part two no person shall be a representative who shall not have attained to the age of 25 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 section two part three 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 every subsequent term of ten years in such a manner as they shall by law direct the number of representatives shall not exceed one for every 30 000 but each state shall have at least one representatives and until such enumeration shall be made the state of new Hampshire shall be entitled to choose 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 section two part four when vacancies happen in the representation from any state the executive authority thereof shall issue rits of election to fill such vacancies section two part five the house of representatives shall choose their speaker and other officers and shall have the sole power of impeachment article one section three part one 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 section three part two 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 section three part three no person shall be a senator who shall not have attained to the age of 30 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 section three part four the vice president of the united states shall be the president of the senate but shall have no vote unless they be equally divided five the senate shall choose their other officers and also a president pro-temperer in the absence of the vice president or when he shall exercise the office of the president of the united states six 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 seven 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 four one the times places in 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 choosing senators two the congress shall assemble at least once in every year in such meetings shall be on the first monday in december unless they shall by law appoint a different day section five one 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 two each house may determine the rules of its proceedings punish its members for disorderly behavior and with the concurrence of two thirds expel a member three each house shall keep a journal of its proceedings and from time to time publish the same accepting 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 four 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 six one 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 accept 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 to 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 a time and no person holding any office under the united states shall be a member of either house during his continuance in office section seven 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 to every bill which shall have passed the house of representatives in the senate shall before it became 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 10 days sunday's accepted 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 three 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 eight the congress shall have power one to lay and collect taxes duties imposts and excises to pay the debts and provide for the common defense and general welfare of the united states but all duties imposts and excises shall be uniform throughout the united states two to borrow money on the credit of the united states three to regulate commerce with foreign nations and among the several states and with the indian tribes four to establish a uniform rule of naturalization and uniform laws on the subject of bankruptcies throughout the united states five to coin money regulate the value thereof and a foreign coin and fix the standards of weight and measures six to provide for the punishment of counterfeiting and securities and current coin of the united states seven to establish post offices and post roads eight 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 nine to constitute tribunals inferior to the supreme court ten to define and punish piracies and felonies committed on the high seas and offenses against the law of nations eleven to declare war grant letters of mark and reprisal and make rules concerning captures on land and water twelve to raise and support armies but no appropriation of money to that use shall be for a longer term than two years thirteen to provide and maintain a navy fourteen to make rules for the government and regulation of the land and naval forces fifteen to provide for calling for the militia to execute the laws of the union suppress insurrections and repel invasions sixteen 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 seventeen to exercise exclusive legislation in all cases whatsoever over such district not exceeding ten miles square as may by succession of particular states and the acceptance of congress become the seat of 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 dockyards and other needful buildings and eighteen eighteen 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 office thereof section nine one 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 eighteen oh eight but a tax or duty may be imposed on such importation not exceeding ten dollars for each person two 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 three no bill of attainder or ex post facto law shall be passed four no capitation or other direct tax shall be laid unless in proportion to the census or enumeration herein before directed to be taken five no tax or duty shall be laid on articles exported from any state six 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 seven no money shall be drawn from the treasury but in consequence of appropriations made by law and a regular statement an account of receipts and expenditures of all public money shall be published from time to time eight 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 except of any present emolument office or title of any kind whatever from any king prince or foreign state section 10 one no state shall enter into any treaty alliance or confederation grant letters of mark and reprisal coin money emit bills of credit make anything but gold and silver coin a tender in payment of debts pass any bill of attainder expost facto law or law impairing the obligation of contracts or grant any title of nobility two no state shall without the consent of 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 three no state shall without the consent of congress lay any duty of tonnage keep troops or ships of war in times 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 article two section one one 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 two each state shall appoint in such a 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 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 the 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 a majority and have an equal number of votes then the house of representatives shall immediately choose by ballot one of them for president and if no person has a majority then from the five highest on the list the said house shall in like manner choose the president but in choosing the president the votes shall be taken by the 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 in 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 choose from them by ballot the vice president three the congress may determine the time of choosing the electors and the day on which they shall give their votes which day shall be the same throughout the united states four 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 35 years and been 14 years a resident within the united states five 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 the 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 six 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 seven before he enters 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 the president of the united states and will to the best of my ability preserve protect and defend the constitution of the united states section two one the president shall be commander in chief of the army and the 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 offenses against the united states except in cases of impeachment two 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 three 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 three 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 section four the president vice president and all civil officers of the united states shall be removed from office on impeachment for and on conviction of treason bribery or other high crimes and misdemeanors article three section one one the judicial power of the united states shall be vested in one supreme court and in such inferior courts as congress may from time to time ordain and establish the judges both of the supreme and inferior courts shall hold their offices during good behavior and shall at stated times receive for their services a compensation which shall not be diminished during their continuance in office section two one 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 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 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 two in all cases affecting ambassadors other public ministers and consuls and those in which a state shall be a party the supreme court shall have original jurisdiction in all 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 three 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 three one 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 two the congress shall have power to declare the punishment of treason but no attainer of treason shall work corruption of blood or forfeiture except during the life of the person attainted article four section one 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 two one the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states two 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 the 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 three no person held to service or labor 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 labor but shall be delivered up on claim of the party to whom such service or labor may be due section three one 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 two 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 four 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 five 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 and three-fourths thereof as the one or the other mode of ratification may be proposed by congress provided that no amendments which may be made prior to the year 1808 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 article six one 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 two 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 anything in the constitution or laws of any state to the contrary notwithstanding three 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 seven the ratification of the conventions of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same done in convention by the unanimous consent of the states present the 17th day in September in the year of our lord 1787 and of the independence of the united states of america the 12th in witness whereof we have hereunto subscribed our names 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 the first ten amendments were adopted in 1791 and a footnote article one 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 of the right of the people peaceably to assemble and to petition the government for a redress of grievances article two 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 three no soldiers 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 four 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 calls supported by oath or affirmation and particularly describing the place to be searched and the persons or things to be seized article five no person shall be held to answer for a capital or an 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 offense 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 six 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 calls 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 council for his defense article seven in suits at common law where the value in controversy shall exceed twenty dollars the right of trial by jury shall be preserved in no fact tried by a jury shall be otherwise reexamined in any court of the united states then according to the rules of the common law article eight excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishments inflicted article nine the enumeration in the constitution of certain rights shall not be construed to deny or disparage others retained by the people article 10 the power is 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 article 11 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 adopted in 1798 article 12 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 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 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 the 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 a number be a majority of the whole number of electors appointed and if no person have such a 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 adopted in 1894 article 13 section 1 neither slavery nor involuntary servitude except as 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 adopted in 1865 article 14 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 the state or the members of the legislature thereof is denied to any of the male inhabitants of such state being 21 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 21 years of age in such state section 3 no person shall be a senator a representative in congress or a lecturer 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 in each house remove such disability section four the validity of the public debt of the united states authorized by law including debts occurred for payments of pensions and bounties for services and suppressing insurrection or rebellion shall not be questioned but neither the united states nor any state shall assume or pay 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 five the congress shall have power to enforce by appropriate legislation the provisions of this article adopted in 1867 article 15 section one the right of citizens of the united states to vote shall not be denied or abridged by the united states or any state on account of race color or previous condition of servitude section two the congress shall have power to enforce this article by appropriate legislation adopted in 1870 article 16 the congress shall have power to lay and collect taxes on incomes from whatever source derived without apportionment among the several states and without regard to any census or enumeration adopted in 1913 article 17 section one the senate of the united states shall be composed of two senators from each state elected by the people thereof for six years and each senator shall have one vote the electors in each state shall have the qualifications requisite for the electors of the most numerous branch of the state legislatures section two when vacancies happen in the representation of any state in the senate the executive authority of such state shall issue rits of election to fill such vacancies provided that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct section three this amendment shall not be so construed as to affect the election or term of any senator chosen before it becomes valid as part of the constitution adopted in 1913 article 18 section one after one year from the ratification of this article the manufacture sale or transportation of intoxicating liquors within the importation thereof into or the exportation thereof from the united states and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited section two the congress and the several states shall have concurrent power to enforce this article by appropriate legislation section three this article shall be inoperative unless it shall have been ratified as an amendment to the constitution by the legislatures of the several states as provided by the constitution within seven years from the date of the submission hereof to the states by the congress adopted in 1919 article 19 section one 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 sex section two the congress shall have power to enforce this article by appropriate legislation end of the constitution of the united states and end of problems in american democracy this has been a LibriVox recording read by alice and hester in february 2008