アメリカ合衆国/憲法全文(上)
The Constitution of the United States (1787)
PREAMBLE
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 ONE
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. 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.
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.
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 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 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.
When vacancies happen in the Representation from any State, the
executive authority thereof shall issue writs of election to fill
such vacancies.
The House of Representatives shall choose their Speaker and other
officers; and shall have the sole power of Impeachment.
Section 3. 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.
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.
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.
The Vice-President of the United States shall be President of the
Senate, but shall have no vote, unless they be equally divided.
The Senate shall choose 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.
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.
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. 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
choosing Senators.
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. 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.
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.
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.
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. 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.
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. 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.
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.
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 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;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several
States, and with the Indian tribes;
To establish an uniform rule of naturalization, and uniform Laws
on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign coin,
and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the securities
and current Coin of the United States;
To establish post-offices and post-roads;
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;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the high
seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and make
rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to
that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and
naval forces;
To provide for calling forth the militia to execute the laws of
the union, suppress insurrections and repel invasions;
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;
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, dockyards, and other
needful Buildings; and
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. 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.
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.
No bill of attainder or ex post facto law shall be passed.
No capitation, or other direct tax shall be laid, unless in
proportion to the census or enumeration herein before directed to
be taken.
No tax or duty shall be laid on articles exported from any State.
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.
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.
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.
Section 10. No State shall enter into any treaty, alliance, or
confederation; grant letters of marque 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, ex post
facto law, or law impairing the obligation of contracts, or grant
any title of nobility.
No State shall, without the consent of the Congress, lay any
imposts or duties on imports or exports, except what may be
absolutely necessary for executing it's inspection laws: 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.
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.
ARTICLE TWO
Section 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:
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 lie 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 choose 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 choose 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. 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.
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.
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.
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.
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.
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. 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 offenses against the
United States, except in cases of impeachment.
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.
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.
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 THREE
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 behavior, and shall, at stated times, receive for
their services, a compensation, which shall not be diminished
during their continuance in office.
Section 2. 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; 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.
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.
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. 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.
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 FOUR
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. The citizens of each State shall be entitled to all
privileges and immunities of citizens in the several States.
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.
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 3. New States may be admitted by the Congress into this
Union; but no new States 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.
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 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 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 it's equal suffrage in the
Senate.
ARTICLE SIX
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.
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.
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 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 -- President
and deputy from Virginia
New Hampshire JOHN LANGDON NICHOLAS GILMAN
Massachusetts NATHANIEL GORHAM RUFUS KING
Connecticut WM SAML JOHNSON ROGER SHERMAN
New York ALEXANDER HAMILTON
New Jersey WIL. LIVINGSTON DAVID BREARLEY
WM PATERSON JONA. DAYTON
Pennsylvania B FRANKLIN THOMAS MIFFLIN
ROBT MORRIS GEO. CLYMER
THOS FITZSIMONS JARED INGERSOLL
JAMES WILSON GOUV MORRIS
Delaware GEO. READ GUNNING BEDFORD JUN
JOHN DICKINSON RICHARD BASSETT
JACO. BROOM
Maryland JAMES McHENRY DAN of ST THO JENIFER
DANL CARROLL
Virginia JOHN BLAIR JAMES MADISON JR.
North Carolina WM BLOUNT RICHD DOBBS SPAIGHT
HU WILLIAMSON
South Carolina J. RUTLEDGE CHARLES COTESWORTH PINCKNEY
CHARLES PINCKNEY PIERCE BUTLER
Georgia WILLIAM FEW ABR BALDWIN
Attest
William Jackson
Secretary
A HREF="law082_j.html">
図書室へ戻る