Part 4 out of 4
SECT. II. 1. The House of Representatives shall be composed of members
chosen every second year by the people of the several States, and the
electors in each State shall have the qualifications requisite for
electors of the most numerous branch of the State Legislature.
2. No person shall be a Representative who shall not have attained to
the age of twenty-five years, and been seven years a citizen of the
United States, and who shall not, when elected, be an inhabitant of that
State in which he shall be chosen.
3. Representatives and direct taxes shall be apportioned among the
several States which may be included within this Union, according to
their respective numbers, which shall be determined by adding to the
whole number of free persons, including those bound to service for a
term of years, and excluding Indians not taxed, three fifths of all
other persons. 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.
4. When vacancies happen in the representation from any State, the
Executive authority thereof shall issue writs of election to fill such
5. The House of Representatives shall choose their Speaker and other
officers; and shall have the sole power of impeachment.
SECT. III. 1. The Senate of the United States shall be composed of two
Senators from each State, chosen by the legislature thereof, for six
years; and each Senator shall have one vote. (See Amendment XVII.)
2. Immediately after they shall be assembled in consequence of the first
election, they shall be divided as equally as may be into three classes.
The seats of the Senators of the first class shall be vacated at the
expiration of the second year, of the second class at the expiration of
the fourth year, and of the third class at the expiration of the sixth
year, so that one third may be chosen every second year; and if
vacancies happen by resignation or otherwise, during the recess of the
legislature of any State, the Executive thereof may make temporary
appointments until the next meeting of the legislature, which shall then
fill such vacancies. (See Amendment XVII.)
3. No person shall be a Senator who shall not have attained to the age
of thirty years, and been nine years a citizen of the United States, and
who shall not, when elected, be an inhabitant of that State for which he
shall be chosen.
4. The Vice-President of the United States shall be President of the
Senate, but shall have no vote, unless they be equally divided.
5. The Senate shall 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.
6. The Senate shall have the sole power to try all impeachments. When
sitting for that purpose, they shall be on oath or affirmation. When the
President of the United States is tried, the Chief Justice shall
preside: and no person shall be convicted without the concurrence of two
thirds of the members present.
7. Judgment in cases of impeachment shall not extend further than to
removal from office, and disqualification to hold and enjoy any office
of honor, trust or profit under the United States: but the party
convicted shall nevertheless be liable and subject to indictment, trial,
judgment and punishment, according to law.
SECT. IV. 1. The times, places and manner of holding elections for
Senators and Representatives shall be prescribed in each State by the
legislature thereof; but the Congress may at any time by law make or
alter such regulations, except as to the places of choosing Senators.
(See Amendment XVII.)
2. The Congress shall assemble at least once in every year, and such
meeting shall be on the first Monday in December, unless they shall by
law appoint a different day.
SECT. V. 1. Each house shall be the judge of the elections, returns and
qualifications of its own members, and a majority of each shall
constitute a quorum to do business; but a smaller number may adjourn
from day to day, and may be authorized to compel the attendance of
absent members, in such manner, and under such penalties, as each house
2. 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.
3. Each house shall keep a journal of its proceedings, and from time to
time publish the same, excepting such parts as may in their judgment
require secrecy; and the yeas and nays of the members of either house on
any question shall, at the desire of one fifth of those present, be
entered on the journal.
4. Neither house, during the session of Congress, shall, without the
consent of the other, adjourn for more than three days, nor to any other
place than that in which the two houses shall be sitting.
SECT. VI. 1. The Senators and Representatives shall receive a
compensation for their services, to be ascertained by law and paid out
of the treasury of the United States. They shall in all cases except
treason, felony and breach of the peace, be privileged from arrest
during their attendance at the session of their respective houses, and
in going to and returning from the same; and for any speech or debate in
either house, they shall not be questioned in any other place.
2. No Senator or Representative shall, during the time for which he was
elected, be appointed to any civil office under the authority of the
United States, which shall have been created, or the emoluments whereof
shall have been increased, during such time; and no person holding any
office under the United States shall be a member of either house during
his continuance in office.
SECT. VII. 1. All bills for raising revenue shall originate in the House
of Representatives; but the Senate may propose or concur with amendments
as on other bills.
2. Every bill which shall have passed the House of Representatives and
the Senate, shall, before it become a law, be presented to the President
of the United States; if he approve he shall sign it, but if not he
shall return it with his objections to that house in which it shall have
originated, who shall enter the objections at large on their journal,
and proceed to reconsider it. If after such reconsideration two thirds
of that house shall agree to pass the bill, it shall be sent, together
with the objections, to the other house, by which it shall likewise be
reconsidered, and, if approved by two thirds of that house, it shall
become a law. But in all such cases the votes of both houses shall be
determined by yeas and nays, and the names of the persons voting for and
against the bill shall be entered on the journal of each house
respectively. If any bill shall not be returned by the President within
ten days (Sundays excepted) after it shall have been presented to him,
the same shall be a law, in like manner as if he had signed it, unless
the Congress by their adjournment prevent its return, in which case it
shall not be a law.
3. Every order, resolution, or vote to which the concurrence of the
Senate and House of Representatives may be necessary (except on a
question of adjournment) shall be presented to the President of the
United States; and before the same shall take effect, shall be approved
by him, or being disapproved by him, shall be repassed by two thirds of
the Senate and House of Representatives, according to the rules and
limitations prescribed in the case of a bill.
SECT. VIII. The Congress shall have power:
1. 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;
2. To borrow money on the credit of the United States;
3. To regulate commerce with foreign nations, and among the several
States, and with the Indian tribes;
4. To establish an uniform rule of naturalization, and uniform laws on
the subject of bankruptcies throughout the United States;
5. To coin money, regulate the value thereof, and of foreign coin, and
fix the standard of weights and measures;
6. To provide for the punishment of counterfeiting the securities and
current coin of the United States;
7. To establish post offices and post roads;
8. To promote the progress of science and useful arts by securing for
limited times to authors and inventors the exclusive right to their
respective writings and discoveries;
9. To constitute tribunals inferior to the Supreme Court;
10. To define and punish piracies and felonies committed on the high
seas and offences against the law of nations;
11. To declare war, grant letters of marque and reprisal, and make rules
concerning captures on land and water;
12. To raise and support armies, but no appropriation of money to that
use shall be for a longer term than two years;
13. To provide and maintain a navy;
14. To make rules for the government and regulation of the land and
15. To provide for calling forth the militia to execute the laws of the
Union, suppress insurrections, and repel invasions;
16. To provide for organizing, arming and disciplining the militia, and
for governing such part of them as may be employed in the service of the
United States, reserving to the States respectively the appointment of
the officers, and the authority of training the militia according to the
discipline prescribed by Congress;
17. To exercise exclusive legislation in all cases whatsoever, over such
district (not exceeding ten miles square) as may, by cession of
particular States, and the acceptance of Congress, become the seat of
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
18. To make all laws which shall be necessary and proper for carrying
into execution the foregoing powers, and all other powers vested by this
Constitution in the government of the United States, or in any
department or office thereof.
SECT. IX. 1. The migration or importation of such persons as any of the
States now existing shall think proper to admit shall not be prohibited
by the Congress prior to the year one thousand eight hundred and eight;
but a tax or duty may be imposed on such importation, not exceeding ten
dollars for each person.
2. The privilege of the writ of _habeas corpus_ shall not be suspended,
unless when in cases of rebellion or invasion the public safety may
3. No bill of attainder or _ex post facto_ law shall be passed.
4. No capitation, or other direct, tax shall be laid, unless in
proportion to the census or enumeration hereinbefore directed to be
5. No tax or duty shall be laid on articles exported from any State.
6. No preference shall be given by any regulation of commerce or revenue
to the ports of one State over those of another: nor shall vessels bound
to, or from, one State, be obliged to enter, clear, or pay duties in
7. No money shall be drawn from the treasury, but in consequence of
appropriations made by law; and a regular statement and account of the
receipts and expenditures of all public money shall be published from
time to time.
8. No title of nobility shall be granted by the United States: and no
person holding any office of profit or trust under them, shall, without
the consent of the Congress, accept of any present, emolument, office,
or title, of any kind whatever, from any king, prince, or foreign state.
SECT. X. 1. 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
2. No State shall, without the consent of the Congress, lay any imposts
or duties on imports or exports, except what may be absolutely necessary
for executing its inspection laws: and the net produce of all duties and
imposts, laid by any State on imports or exports, shall be for the use
of the treasury of the United States; and all such laws shall be subject
to the revision and control of the Congress.
4 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.
SECTION I. 1. The executive power shall be vested in a President of the
United States of America. He shall hold his office during the term of
four years, and together with the Vice-President, chosen for the same
term, be elected as follows:
2. Each State shall appoint, in such manner as the legislature thereof
may direct, a number of electors, equal to the whole number of Senators
and Representatives to which the State may be entitled in the Congress;
but no Senator or Representative, or person holding an office of trust
or profit under the United States, shall be appointed an elector.
[The electors shall meet in their respective States, and vote by ballot
for two persons, of whom one at least shall not be an inhabitant of the
same State with themselves. And they shall make a list of all the
persons voted for, and of the number of votes for each; which list they
shall sign and certify, and transmit sealed to the seat of 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
3. 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.
4. No person except a natural born citizen, or a citizen of the United
States, at the time of the adoption of this Constitution, shall be
eligible to the office of President; neither shall any person be
eligible to that office who shall not have attained to the age of
thirty-five years, and been fourteen years a resident within the United
5. In case of the removal of the President from office or of his death,
resignation, or inability to discharge the powers and duties of the said
office, the same shall devolve on the Vice-President, and the Congress
may by law provide for the case of removal, death, resignation, or
inability, both of the President and Vice-President, declaring what
officer shall then act as President, and such officer shall act
accordingly, until the disability be removed, or a President shall be
6. The President shall, at stated times, receive for his services, a
compensation, which shall neither be increased nor diminished during the
period for which he shall have been elected, and he shall not receive
within that period any other emolument from the United States, or any of
7. Before he enter on the execution of his office, he shall take the
following oath or affirmation:--"I do solemnly swear (or affirm) that I
will faithfully execute the office of President of the United States,
and will to the best of my ability, preserve, protect and defend the
Constitution of the United States."
SECT. II. 1. The President shall be commander in chief of the army and
navy of the United States, and of the militia of the several States,
when called into the actual service of the United States; he may require
the opinion, in writing, of the principal officer in each of the
executive departments, upon any subject relating to the duties of their
respective offices, and he shall have power to grant reprieves and
pardons for offenses against the United States, except in cases of
2. He shall have power, by and with the advice and consent of the
Senate, to make treaties, provided two thirds of the Senators present
concur; and he shall nominate, and by and with the advice and consent of
the Senate, shall appoint ambassadors, other public ministers and
consuls, judges of the Supreme Court, and all other officers of the
United States, whose appointments are not herein otherwise provided for,
and which shall be established by law: but the Congress may by law vest
the appointment of such inferior officers, as they think proper, in the
President alone, in the courts of law, or in the heads of departments.
3. The President shall have power to fill up all vacancies that may
happen during the recess of the Senate, by granting commissions which
shall expire at the end of their next session.
SECT. III. 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.
SECT. IV. 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.
SECTION I. 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.
SECT. II. 1. The judicial power shall extend to all cases, in law and
equity, arising under this Constitution, the laws of the United States,
and treaties made or which shall be made, under their authority;--to all
cases affecting ambassadors, other public ministers and consuls;--to all
cases of admiralty 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.
2. 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 the other cases before
mentioned, the Supreme Court shall have appellate jurisdiction, both as
to law and fact, with such exceptions, and under such regulations as the
Congress shall make.
3. The trial of all crimes, except in cases of impeachment, shall be by
jury; and such trial shall be held in the State where the said crimes
shall have been committed; but when not committed within any State, the
trial shall be at such place or places as the Congress may by law have
SECT. III. 1. Treason against the United States shall consist only in
levying war against them, or in adhering to their enemies, giving them
aid and comfort. No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act, or on confession in
2. The Congress shall have power to declare the punishment of treason,
but no attainder of treason shall work corruption of blood, or
forfeiture except during the life of the person attainted.
SECTION I. 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.
SECT. II. 1. The citizens of each State shall be entitled to all
privileges and immunities of citizens in the several States.
2. A person charged in any State with treason, felony, or other crime,
who shall flee from justice, and be found in another State, shall on
demand of the executive authority of the State from which he fled, be
delivered up, to be removed to the State having jurisdiction of the
3. 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
SECT. III. 1. New States may be admitted by the Congress into this
Union; but no new State shall be formed or erected within the
jurisdiction of any other State; nor any State be formed by the junction
of two or more States, or parts of States, without the consent of the
legislatures of the States concerned as well as of the Congress.
2. The Congress shall have power to dispose of and make all needful
rules and regulations respecting the territory or other property
belonging to the United States; and nothing in this Constitution shall
be so construed as to prejudice any claims of the United States, or of
any particular State.
SECT. IV. 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.
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 amendments which may be made prior to the year one
thousand eight hundred and eight shall in any manner affect the first
and fourth clauses in the ninth section of the first article; and that
no State, without its consent, shall be deprived of its equal suffrage
in the Senate.
1. All debts contracted and engagements entered into, before the
adoption of this Constitution, shall be as valid against the United
States under this Constitution, as under the Confederation.
2. This Constitution, and the laws of the United States which shall be
made in pursuance thereof; and all treaties made, or which shall be
made, under the authority of the United States, shall be the supreme law
of the land; and the judges in every State shall be bound thereby,
anything in the Constitution or laws of any State to the contrary
3. The Senators and Representatives before mentioned, and the members of
the several State legislatures, and all executive and judicial officers,
both of the United States and of the several States, shall be bound by
oath or affirmation, to support this Constitution; but no religious test
shall ever be required as a qualification to any office or public trust
under the United States.
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
_Presidt and Deputy from Virginia._
Wm. Saml. Johnson,
Tho. Fitz Simons,
Gunning Bedford, Jun,
Dan of St. Thos Jenifer,
James Madison, Jr.
Richd. Dobbs Spaight,
Charles Cotesworth Pinckney,
Attest: William Jackson, _Secretary_.
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
ARTICLE I.--Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the
freedom of speech, or of the press; or the right of the people
peaceably to assemble and to petition the government for a redress of
ARTICLE II.--A well-regulated militia, being necessary to the security
of a free State, the right of the people to keep and bear arms, shall
not be infringed.
ARTICLE III.--No soldier shall, in time of peace be quartered in any
house without the consent of the owner, nor in time of war, but in a
manner to be prescribed by law.
ARTICLE IV.--The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no warrants shall issue but upon probable
cause, supported by oath or affirmation, and particularly describing the
place to be searched, and the persons or things to be seized.
ARTICLE V.--No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a
grand jury except in cases arising in the land or naval forces, or in
the militia, when in actual service in time of war or public danger; nor
shall any person be subject for the same 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 VI.--In all criminal prosecutions the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of the State
and district wherein the crime shall have been committed, which district
shall have been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his
favor, and to have the assistance of counsel for his defense.
ARTICLE VII.--In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury shall be otherwise reexamined in
any court of the United States, than according to the rules of the
ARTICLE VIII.--Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
ARTICLE IX.--The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained by the
ARTICLE X.--The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the
States respectively, or to the people.
ARTICLE XI.--The judicial power of the United States shall not be
construed to extend to any suit in law or equity, commenced or
prosecuted against one of the United States by citizens of another
State, or by citizens or subjects of any foreign state.
ARTICLE XII.--1. The electors shall meet in their respective States, and
vote by ballot for President and Vice-President, one of whom, at least,
shall not be an inhabitant of the same State with themselves; they shall
name in their ballots the person voted for as President, and in distinct
ballots the person voted for as Vice-President, and they shall make
distinct lists of all persons voted for as President, and of all persons
voted for as Vice-President, and of the number of votes for each, which
lists they shall sign and certify, and transmit sealed to the seat of
government of the United States, directed to the President of the
Senate;--the President of the Senate shall, in the presence of the
Senate and House of Representatives, open all the certificates and the
votes shall then be counted;--the person having the greatest number of
votes for President shall be the President, if such number be a majority
of the whole number of electors appointed; and if no person have such
majority, then from the persons having the highest numbers not exceeding
three on the list of those voted for as President, the House of
Representatives shall choose immediately, by ballot, the President. But
in choosing the President, the votes shall be taken by States, the
representation from each State having one vote; a quorum for this
purpose shall consist of a member or members from two thirds of the
States, and a majority of all the States shall be necessary to a choice.
And if the House of Representatives shall not choose a President
whenever the right of choice shall devolve upon them, before the fourth
day of March next following, then the Vice-President shall act as
President, as in the case of the death or other constitutional
disability of the President.--The person having the greatest number of
votes as Vice-President, shall be the Vice-President, if such number be
a majority of the whole number of electors appointed, and if no person
have a majority, then from the two highest numbers on the list, the
Senate shall choose the Vice-President; a quorum for the purpose shall
consist of two thirds of the whole number of Senators, and a majority of
the whole number shall be necessary to a choice. But no person
constitutionally ineligible to the office of President shall be eligible
to that of Vice-president of the United States.
ARTICLE XIII.--Section 1. Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the party shall have been duly
convicted, shall exist within the United States, or any place subject to
Section 2. Congress shall have power to enforce this article by
ARTICLE XIV.--Section 1. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are citizens of the
United States and of the State wherein they reside. No State shall make
or enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any State deprive any person of
life, liberty, or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several States
according to their respective numbers, counting the whole number of
persons in each State, excluding Indians not taxed. But when the right
to vote at any election for the choice of Electors for President and
Vice-President of the United States, Representatives in Congress, the
executive and judicial officers of a State, or the members of the
legislature thereof, is denied to any of the male inhabitants of such
State, being twenty-one years of age and citizens of the United States,
or in any way abridged, except for participation in rebellion, or other
crime, the basis of representation therein shall be reduced in the
proportion which the number of such male citizens shall bear to the
whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress,
or Elector of President and Vice-President, or hold any office, civil or
military, under the United States, or under any State, who, having
previously taken an oath, as a member of Congress, or as an officer of
the United States, or as a member of any State legislature, or as an
executive or judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or rebellion
against the same, or given aid or comfort to the enemies thereof. But
Congress may by a vote of two thirds of each house, remove such
Section 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pensions and
bounties for services in suppressing insurrection or rebellion, shall
not be questioned. But neither the United States nor any State shall
assume or pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss or
emancipation of any slave; but all such debts, obligations, and claims
shall be held illegal and void.
Section 5. The Congress shall have power to enforce by appropriate
legislation the provisions of this article.
ARTICLE XV.--Section 1. The right of citizens of the United States to
vote shall not be denied or abridged by the United States or any State
on account of race, color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article by
ARTICLE XVI.--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.
ARTICLE XVII.--Section 1. 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 electors of the
most numerous branch of the State legislature.
Section 2. When vacancies happen in the representation of any State in
the Senate the executive authority of such State shall issue writs 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
Section 3. 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.
ARTICLES OF CONFEDERATION.
_Articles of Confederation and Perpetual Union between the States of New
Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations,
Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South Carolina, and Georgia._
ARTICLE I.--The style of this Confederacy shall be, "The United States
ART. II.--Each State retains its sovereignty, freedom, and independence,
and every power, jurisdiction, and right, which is not by this
Confederation expressly delegated to the United States in Congress
ART. III.--The said States hereby severally enter into a firm league of
friendship with each other, for their common defense, the security of
their liberties, and their mutual and general welfare, binding
themselves to assist each other against all force offered to, or attacks
made upon them, or any of them, on account of religion, sovereignty,
trade, or any other pretense whatever.
ART. IV.--The better to secure and perpetuate mutual friendship and
intercourse among the people of the different States in this Union, the
free inhabitants of each of these States, paupers, vagabonds, and
fugitives from justice excepted, shall be entitled to all privileges and
immunities of free citizens in the several States; and the people of
each State shall have free ingress and egress to and from any other
State, and shall enjoy therein all the privileges of trade and commerce
subject to the same duties, impositions, and restrictions as the
inhabitants thereof respectively; provided that such restrictions shall
not extend so far as to prevent the removal of property imported into
any State to any other State of which the owner is an inhabitant;
provided also, that no imposition, duties, or restriction shall be laid
by any State on the property of the United States or either of them. If
any person guilty of, or charged with, treason, felony, or other high
misdemeanor in any State shall flee from justice and be found in any of
the United States, he shall, upon demand of the governor or executive
power of the States from which he fled, be delivered up and removed to
the State having jurisdiction of his offense. Full faith and credit
shall be given in each of these States to the records, acts, and
judicial proceedings of the courts and magistrates of every other State.
ART. V.--For the more convenient management of the general interests of
the United States, delegates shall be annually appointed in such manner
as the Legislature of each State shall direct, to meet in Congress on
the first Monday in November in every year with a power reserved to each
State to recall its delegates, or any of them, at any time within the
year, and to send others in their stead for the remainder of the year.
No State shall be represented in Congress by less than two, nor by more
than seven members; and no person shall be capable of being a delegate
for more than three years in any term of six years; nor shall any
person, being a delegate, be capable of holding any office under the
United States for which he, or another for his benefit, receives any
salary, fees, or emolument of any kind. Each State shall maintain its
own delegates in any meeting of the States and while they act as members
of the Committee of the States. In determining questions in the United
States in Congress assembled, each State shall have one vote. Freedom of
speech and debate in Congress shall not be impeached or questioned in
any court or place out of Congress; and the members of Congress shall be
protected in their persons from arrest and imprisonment during the time
of their going to and from, and attendance on, Congress, except for
treason, felony, or breach of the peace.
ART. VI.--No State, without the consent of the United States, in
Congress assembled, shall send any embassy to, or receive any embassy
from, or enter into any conference, agreement, alliance, or treaty with
any king, prince, or state; nor shall any person holding any office of
profit or trust under the United States, or any of them, accept of any
present, emolument, office, or title of any kind whatever from any king,
prince, or foreign state; nor shall the United States, in Congress
assembled, or any of them, grant any title of nobility.
No two or more States shall enter into any treaty, confederation, or
alliance whatever between them, without the consent of the United
States, in Congress assembled, specifying accurately the purposes for
which the same is to be entered into, and how long it shall continue.
No State shall lay any imposts or duties which may interfere with any
stipulations in treaties entered into by the United States, in Congress
assembled, with any king, prince, or state, in pursuance of any treaties
already proposed by Congress to the courts of France and Spain.
No vessels of war shall be kept up in time of peace by any State, except
such number only as shall be deemed necessary by the United States, in
Congress assembled, for the defense of such State or its trade, nor
shall any body of forces be kept up by any State in time of peace,
except such number only as, in the judgment of the United States, in
Congress assembled, shall be deemed requisite to garrison the forts
necessary for the defense of such State; but every State shall always
keep up a well-regulated and disciplined militia, sufficiently armed and
accoutered, and shall provide and constantly have ready for use in
public stores a due number of field-pieces and tents, and a proper
quantity of arms, ammunition, and camp equipage.
No State shall engage in any war without the consent of the United
States, in Congress assembled, unless such State be actually invaded by
enemies, or shall have received certain advice of a resolution being
formed by some nation of Indians to invade such State, and the danger is
so imminent as not to admit of a delay till the United States, in
Congress assembled, can be consulted; nor shall any State grant
commissions to any ships or vessels of war, nor letters of marque or
reprisal, except it be after a declaration of war by the United States,
in Congress assembled, and then only against the kingdom or state, and
the subjects thereof, against which war has been so declared, and under
such regulations as shall be established by the United States, in
Congress assembled, unless such State be infested by pirates, in which
case vessels of war may be fitted out for that occasion, and kept so
long as the danger shall continue, or until the United States, in
Congress assembled, shall determine otherwise.
ART. VII.--When land forces are raised by any State for the common
defense, all officers of or under the rank of Colonel shall be appointed
by the Legislature of each State respectively by whom such forces shall
be raised, or in such manner as such State shall direct, and all
vacancies shall be filled up by the State which first made the
ART. VIII.--All charges of war, and all other expenses that shall be
incurred for the common defense, or general welfare, and allowed by the
United States, in Congress assembled, shall be defrayed out of a common
treasury, which shall be supplied by the several States in proportion to
the value of all land within each State, granted to, or surveyed for,
any person, as such land and the buildings and improvements thereon
shall be estimated, according to such mode as the United States, in
Congress assembled, shall, from time to time, direct and appoint. The
taxes for paying that proportion shall be laid and levied by the
authority and direction of the Legislatures of the several States,
within the time agreed upon by the United States in Congress assembled.
ART. IX.--The United States, in Congress assembled, shall have the sole
and exclusive right and power of determining on peace and war, except in
the cases mentioned in the sixth Article; of sending and receiving
ambassadors; entering into treaties and alliances, provided that no
treaty of commerce shall be made, whereby the legislative power of the
respective States shall be restrained from imposing such imposts and
duties on foreigners as their own people are subjected to, or from
prohibiting the exportation or importation of any species of goods or
commodities whatever; of establishing rules for deciding, in all cases,
what captures on land and water shall be legal, and in what manner
prizes taken by land or naval forces in the service of the United States
shall be divided or appropriated; of granting letters of marque and
reprisal in times of peace; appointing courts for the trial of piracies
and felonies committed on the high seas; and establishing courts for
receiving and determining finally appeals in all cases of captures;
provided that no member of Congress shall be appointed a judge of any of
the said courts.
The United States, in Congress assembled, shall also be the last resort
on appeal in all disputes and differences now subsisting, or that
hereafter may arise between two or more States concerning boundary,
jurisdiction, or any other cause whatever; which authority shall always
be exercised in the manner following: Whenever the legislative or
executive authority, or lawful agent of any State in controversy with
another, shall present a petition to Congress, stating the matter in
question, and praying for a hearing, notice thereof shall be given by
order of Congress to the legislative or executive authority of the other
State in controversy, and a day assigned for the appearance of the
parties by their lawful agents, who shall then be directed to appoint,
by joint consent, commissioners or judges to constitute a court for
hearing and determining the matter in question; but if they cannot
agree, Congress shall name three persons out of each of the United
States, and from the list of such persons each party shall alternately
strike out one, the petitioners beginning, until the number shall be
reduced to thirteen; and from that number not less than seven nor more
than nine names, as Congress shall direct, shall, in the presence of
Congress, be drawn out by lot; and the persons whose names shall be so
drawn, or any five of them, shall be commissioners or judges, to hear
and finally determine the controversy, so always as a major part of the
judges who shall hear the cause shall agree in the determination; and if
either party shall neglect to attend at the day appointed, without
showing reasons which Congress shall judge sufficient, or being present,
shall refuse to strike, the Congress shall proceed to nominate three
persons out of each State, and the secretary of Congress shall strike in
behalf of such party absent or refusing; and the judgment and sentence
of the court, to be appointed in the manner before prescribed, shall be
final and conclusive; and if any of the parties shall refuse to submit
to the authority of such court, or to appear or defend their claim or
cause, the court shall nevertheless proceed to pronounce sentence or
judgment, which shall in like manner be final and decisive; the judgment
or sentence and other proceedings being in either case transmitted to
Congress, and lodged among the acts of Congress for the security of the
parties concerned; provided, that every commissioner, before he sits in
judgment, shall take an oath, to be administered by one of the judges of
the supreme or superior court of the State where the cause shall be
tried, "well and truly to hear and determine the matter in question,
according to the best of his judgment, without favor, affection, or hope
of reward." Provided, also, that no State shall be deprived of territory
for the benefit of the United States.
All controversies concerning the private right of soil claimed under
different grants of two or more States, whose jurisdictions, as they may
respect such lands, and the States which passed such grants are
adjusted, the said grants or either of them being at the same time
claimed to have originated antecedent to such settlement of
jurisdiction, shall, on the petition of either party to the Congress of
the United States, be finally determined, as near as may be, in the same
manner as is before prescribed for deciding disputes respecting
territorial jurisdiction between different States.
The United States, in Congress assembled, shall also have the sole and
exclusive right and power of regulating the alloy and value of coin
struck by their own authority, or by that of the respective States;
fixing the standard of weights and measures throughout the United
States; regulating the trade and managing all affairs with the Indians,
not members of any of the States; provided that the legislative right of
any State, within its own limits, be not infringed or violated;
establishing and regulating post offices from one State to another,
throughout all the United States, and exacting such postage on the
papers passing through the same as may be requisite to defray the
expenses of the said office; appointing all officers of the land forces
in the service of the United States, excepting regimental officers;
appointing all the officers of the naval forces, and commissioning all
officers whatever in the service of the United States; making rules for
the government and regulation of the said land and naval forces, and
directing their operations.
The United States, in Congress assembled, shall have authority to
appoint a committee, to sit in the recess of Congress, to be denominated
"A Committee of the States," and to consist of one delegate from each
State, and to appoint such other committees and civil officers as may be
necessary for managing the general affairs of the United States under
their direction; to appoint one of their number to preside; provided
that no person be allowed to serve in the office of president more than
one year in any term of three years; to ascertain the necessary sums of
money to be raised for the service of the United States, and to
appropriate and apply the same for defraying the public expenses; to
borrow money or emit bills on the credit of the United States,
transmitting every half year to the respective States an account of the
sums of money so borrowed or emitted; to build and equip a navy; to
agree upon the number of land forces, and to make requisitions from each
State for its quota, in proportion to the number of white inhabitants in
such State, which requisition shall be binding; and thereupon the
Legislature of each State shall appoint the regimental officers, raise
the men, and clothe, arm, and equip them in a soldier-like manner, at
the expense of the United States; and the officers and men so clothed,
armed, and equipped shall march to the place appointed, and within the
time agreed on by the United States, in Congress assembled; but if the
United States, in Congress assembled, shall, on consideration of
circumstances, judge proper that any State should not raise men, or
should raise a smaller number than its quota, and that any other State
should raise a greater number of men than the quota thereof, such extra
number shall be raised, officered, clothed, armed, and equipped in the
same manner as the quota of such State, unless the Legislature of such
State shall judge that such extra number cannot be safely spared out of
the same, in which case they shall raise, officer, clothe, arm, and
equip as many of such extra number as they judge can be safely spared,
and the officers and men so clothed, armed, and equipped shall march to
the place appointed, and within the time agreed on by the United States,
in Congress assembled.
The United States, in Congress assembled, shall never engage in a war,
nor grant letters of marque and reprisal in time of peace, nor enter
into any treaties or alliances, nor coin money, nor regulate the value
thereof, nor ascertain the sums and expenses necessary for the defense
and welfare of the United States, or any of them, nor emit bills, nor
borrow money on the credit of the United States, nor appropriate money,
nor agree upon the number of vessels of war to be built or purchased, or
the number of land or sea forces to be raised, nor appoint a commander
in chief of the army or navy, unless nine States assent to the same, nor
shall a question on any other point, except for adjourning from day to
day, be determined, unless by the votes of a majority of the United
States, in Congress assembled.
The Congress of the United States shall have power to adjourn to any
time within the year, and to any place within the United States, so that
no period of adjournment be for a longer duration than the space of six
months, and shall publish the journal of their proceedings monthly,
except such parts thereof relating to treaties, alliances, or military
operations as in their judgment require secrecy; and the yeas and nays
of the delegates of each State, on any question, shall be entered on the
journal when it is desired by any delegate; and the delegates of a
State, or any of them, at his or their request, shall be furnished with
a transcript of the said journal except such parts as are above
excepted, to lay before the Legislatures of the several States.
ART. X.--The Committee of the States, or any nine of them, shall be
authorized to execute, in the recess of Congress, such of the powers of
Congress as the United States, in Congress assembled, by the consent of
nine States, shall, from time to time, think expedient to vest them
with; provided that no power be delegated to the said Committee, for the
exercise of which, by the Articles of Confederation, the voice of nine
States in the Congress of the United States assembled is requisite.
ART. XI.--Canada, acceding to this Confederation, and joining in the
measures of the United States shall be admitted into, and entitled to
all the advantages of this Union; but no other colony shall be admitted
into the same, unless such admission be agreed to by nine States.
ART. XII.--All bills of credit emitted, moneys borrowed, and debts
contracted by or under the authority of Congress, before the assembling
of the United States, in pursuance of the present Confederation, shall
be deemed and considered as a charge against the United States, for
payment and satisfaction whereof the said United States and the public
faith are hereby solemnly pledged.
ART. XIII.--Every State shall abide by the determinations of the United
States, in Congress assembled, on all questions which by this
Confederation are submitted to them. And the Articles of this
Confederation shall be inviolably observed by every State, and the Union
shall be perpetual; nor shall any alteration at any time hereafter be
made in any of them, unless such alteration be agreed to in a Congress
of the United States, and be afterwards confirmed by the Legislatures of
AND WHEREAS it hath pleased the great Governor of the world to incline
the hearts of the Legislatures we respectively represent in Congress to
approve of, and to authorize us to ratify, the said Articles of
Confederation and perpetual Union, know ye, that we, the undersigned
delegates, by virtue of the power and authority to us given for that
purpose, do, by these presents, in the name and in behalf of our
respective constituents, fully and entirely ratify and confirm each and
every of the said Articles of Confederation and perpetual Union, and all
and singular the matters and things therein contained. And we do further
solemnly plight and engage the faith of our respective constituents,
that they shall abide by the determinations of the United States, in
Congress assembled, on all questions which by the said Confederation are
submitted to them; and that the Articles thereof shall be inviolably
observed by the States we respectively represent, and that the Union
shall be perpetual. In witness whereof, we have hereunto set our hands
in Congress. Done at Philadelphia, in the State of Pennsylvania, the
ninth day of July, in the year of our Lord 1778, and in the third year
of the Independence of America.
ALTON, _Among the Lawmakers_, Scribner.
ASHLEY, _The American Federal States_, Macmillan.
BREWER, _American Citizenship_, Scribner.
BROOKS, _How the Republic is Governed_, Scribner.
BRYCE, _The American Commonwealth_, Macmillan.
BURGESS, _The Middle Period_, Scribner.
_Century Book for Young Americans_, Century Co.
CONKLING, _City Government in the United States_, Appleton.
CURTIS, _The United States and Foreign Powers_, Scribner.
DEVLIN, _Municipal Reform in the United States_, Putnam.
DOLE, _Talks About Law_, Houghton Mifflin Co.
DOLE, _Young Citizen_, Ginn.
FISKE, _Civil Government in the United States_, Houghton Mifflin Co.
FISKE, _Critical Period of American History_, Houghton Mifflin Co.
HARRISON, _This Country of Ours_, Scribner.
HART, _Formation of the Union_, Longmans, Green & Co.
HILL, _Lessons for Junior Citizens_, Ginn & Co.
HOLT, _Talks on Civics_, Macmillan.
HOXIE, _How the People Rule_, Silver, Burdett & Co.
MACY, _Our Government_, Ginn.
MARRIOTT, _Uncle Sam's Business_, Harpers.
REINSCH, _Young Citizen's Reader_, Sanborn.
ROBINSON, _Elementary Law_, Little, Brown & Co.
SLOANE, _The French War and the Revolution_, Scribner.
THWAITES, _The Colonies_, Longmans, Green & Co.
WILSON, _Division and Reunion_, Longmans, Green & Co.
Administrative departments, city,
Agriculture, department of,
Amendments to the Constitution,
Annapolis Naval Academy,
Appointment, President's power of,
Apportionment of representatives,
Appropriations by Congress,
Army of the United States,
Articles of Confederation,
Bank, see National Banks.
Bills in Congress,
Cabinet system of government,
Capital, location of,
Census of the United States,
Circuit Courts of the United States,
Civil Service Reform,
Coins and coinage,
Colonies made States,
Commerce, department of,
Commerce, power of Congress over,
Committee on Rules,
Committees of Correspondence,
Committee system 'in Congress,
Confederation, Articles of, see Articles of Confederation.
under the Constitution,
Constitutional Convention (1787),
Constitution of U.S.,
County government, chap.
County type of local government,
Debts of U.S.,
District courts of the U.S.,
District of Columbia,
Ex post facto laws,
Implied powers of Congress,
Inauguration of President,
Interior, department of,
Internal revenue system,
Interstate commerce law,
Jurisdiction of U.S. courts,
Justice, department of,
Legal tender, definition,
Local government, origin,
Military powers of Congress,
Money of the U.S.,
Navy, department of,
of the U.S.,
New England colonies,
New Jersey plan,
Nobility, titles of,
Ordinance of 1787,
Pairs, in voting,
Parliament of England,
Philippines, government of,
Porto Rico, government of,
Post Office, department of,
President of U.S.,
Quorum in Congress,
Railroads and interstate commerce,
Representatives, apportionment of,
Revenue bills in Congress,
Rural delivery of mail,
Salaries of Congressmen,
Senate of U.S.,
Senators, qualifications of,
Speaker of the House of Representatives,
Stamp Act Congress,
State, department of,
Supervisor system of local government,
Supreme Court of U.S.,
Survey, U.S. Government,
Taxes, direct and indirect,
Territory, admission of,
Town type of local government,
Treasury, department of,
Union, steps leading to,
United States notes,
Vacancies, in House of Representatives,
Vice-president of U.S.,
Virginia local government,
Voting, methods in Congress,
War, declaration of,
Yeas and nays,
Superintendent of Schools, Sugar City
Copyright, 1907, By
Charles Scribner's Sons
FORM OF GOVERNMENT
DEPARTMENTS OF GOVERNMENT
THE GOVERNMENT OF IDAHO.
The country out of which Idaho was created, known as a part of the
Oregon Country, was acquired by treaty with England in 1846. Long before
this date, however, trappers, hunters, explorers, and sturdy pioneers
had found their way across the Rocky Mountains into the fertile valleys
drained by the tributaries of the Columbia.
The earliest white men in this region were undoubtedly the half-breed
French-Canadian voyageurs and the trappers of the Hudson Bay Company,
who opened the trails through all the great wilderness of the Pacific
Northwest; but the honor of revealing to the world the first impressions
of the natural beauty and boundless resources of this new country west
of the Rockies rests with Lewis and Clark, who crossed the State on
their voyage of exploration and discovery in August, 1805. They found
the Indians in possession of articles of European manufacture which had
been obtained from the trappers of the Hudson Bay Company.
The first white settlement in Idaho of which we have record was
established in 1834 at Fort Hall, Bannock County. This fort was
important in early Idaho history, being at the crossing of the
Missouri-Oregon and the Utah-Canadian trails.
Fort Boise, established in 1836 near the junction of the Snake and
Boise rivers, was a rendezvous for thousands of Indians, who gathered
from all the country between the Pacific coast and the head waters of
the Missouri River to trade and barter in horses, furs, and articles of
The discovery of gold in 1860 at a point on the Clear Water River in
northern Idaho was followed by a vast immigration to that section; this
led to the discovery of gold in other parts of the territory, and soon
the placer mines in the vicinity of Boise and other places were
The territory of Idaho, comprising what is now Montana, Wyoming, and
Idaho, was organized by the Federal Government, March 3, 1863, and
Lewiston was made the temporary capital of the territory.
The placer mines of the Boise Basin proved richer than those of the
north, and the bulk of the population rapidly drifted southward. This
shifting of population caused the removal of the State capital to its
present location at Boise in 1864.
By an act of Congress creating the territories of Montana and Wyoming,
Idaho was reduced to its present boundaries in 1868.
On July 3, 1890, Idaho passed from a territorial form of government to
that of a state, being the forty-third State to join the great Federal
Union. Since that time her growth and development have been continuous
Mining, lumbering, manufacturing, and agricultural pursuits are the
principal resources of the State.
FORM OF GOVERNMENT.
The Constitution of the State of Idaho, like those of the other states
in the Union, is modeled after the Constitution of the United States. It
A Preamble, setting forth the purposes of the Constitution.
A Declaration, called the Bill of Rights, containing twenty-one
Provision for dividing the powers of government into three departments.
Articles relating to taxation, suffrage, public schools, corporations,
militia, immigration, labor, amendments, and other public affairs.
Preamble.--"We, the people of the State of Idaho, grateful to
Almighty God for our freedom, to secure its blessings and promote our
common welfare, do establish this constitution."
Declaration of Rights.--The Bill of Rights is a declaration of
privileges retained by the people, which the departments of government
are expressly prohibited from invading. The most important provisions in
the Bill of Rights may be classed under the following headings:
democratic principles; personal security; private property; freedom of
religion, speech, and of the press; and security against military
Democratic Principles.--All men are equal before the law, and are
protected in the enjoyment of life, property, and the pursuit of
All power is inherent in the people.
Personal Security.--The people have the right to bear arms for
their safety and defense, but this privilege is regulated by appropriate
The people shall be secure in their persons, houses, papers, and other
possessions against unreasonable searches and seizures.
There shall be no imprisonment for debt except in cases of fraud.
Private Property.--Private property shall not be taken for public use
except a necessity therefore exists, and then only after just
compensation has been paid.
Religion.--The free exercise and enjoyment of religious faith and
worship shall forever be guaranteed.
No religious test shall be required for holding public office.
Freedom of Speech and of the Press.--Every person may freely speak,
write, and publish on any subject, but he is held responsible for the
abuse of that liberty,
Freedom of Meeting.--The people shall have the right to assemble
and consult for their common good, and may petition the Legislature for
redress of grievances.
Security Against Military Tyranny.--Soldiers shall not be quartered
in private houses in times of peace without the consent of the owner,
nor in times of war except as the law may provide.
It will be seen from the above that the State government as well as the
National is planned on the accepted fact that all power originates with
the people. In America the people have the divine right to rule. The
people possess all rights which they have not expressly given to the
government. The Bill of Rights which we have discussed is therefore a
double safeguard which the people have thrown about their sacred
DEPARTMENTS OF GOVERNMENT.
Government consists essentially in making, judging, and enforcing the
laws. In absolute monarchical forms of government, of which Russia and
Turkey are examples, these three departments are vested in the same
head; but in republics and limited monarchies the law-making,
law-judging, and law-enforcing powers are separated. History has proved
that the separation of these three powers of government is most
satisfactory for an enlightened people.
Legislative Department.--The legislative or law-making power of the
State is vested in a Legislature which is composed of a Senate and a
House of Representatives. The sessions of the two houses are open to the
public and each house keeps a journal of its proceedings in which is
recorded the yea and nay votes on any question at the request of any
Qualifications of Members.--The qualifications of a senator or
representative in the State of Idaho are the same. He must be a citizen
of the United States, an elector of the State, and he must have been an
elector for at least one year next preceding his election in the county
from which he is chosen.
Sessions.--The Legislature meets biennially at the State Capital,
commencing on the first Monday after the first day of January in the odd
years. Special sessions of the Legislature may be called by the Governor
when he deems it necessary. No special session shall continue for more
than twenty days.
The compensation of our legislators is five dollars per day, with an
allowance of ten cents per mile going to and returning from the place of
Privileges.--Members of the State Legislature are not liable to any
civil process during the session of the Legislature nor during the ten
days next preceding the same. They are privileged from arrest during the
same time in all cases except treason, felony, or breach of the peace.
They cannot be legally called to account for anything said in debate
during the session of the Legislature.
Senate.--According to the State Constitution the membership of the
Senate is limited to twenty-four members. Each county is a senatorial
The term of office is two years and begins on the first day of December
following the election. The Senate adopts its own rules of government
and elects its own officers, with the exception of its president, who
is the Lieutenant-Governor ex-officio. In case the Lieutenant-Governor
assumes the duties of Governor, the Senate elects its presiding officer.
All State officers appointed by the Governor are subject to the approval
of the Senate. If the Senate is not in session when the appointment is
made, such person shall discharge the duties of the office until the
next session of the Senate. In the case of impeachment of State officers
the Senate is the court. A majority of the senators is a quorum for the
trial of impeachment, and a two-thirds vote is necessary for conviction.
In case of conviction the penalty does not extend further than removal
from office, but such person may be tried in the civil courts as other
House of Representatives.--The House of Representatives is a more
numerous body than the Senate. The members are elected for the same time
and for the same term as the senators. The House of Representatives has
power to choose all its officers. The special powers exercised by the
House of Representatives are: originating bills for raising revenue and
making appropriations, and in impeaching State officers.
Executive Department.--After the laws are made it becomes necessary
to designate some one to see that they are enforced. The legislators
make the laws, and it remains for the officers in the Executive
Department to see that the laws are enforced.
The Executive Department consists of a Governor, Lieutenant-Governor,
Secretary of State, State Auditor, State Treasurer, Attorney General,
and Superintendent of Public Instruction, all of whom hold their offices
for two years, beginning on the first Monday in January next after their
Qualifications.--No person is eligible to the office of Governor,
Lieutenant-Governor, or Attorney General unless he has attained the age
of thirty years, nor to the other executive offices unless he is
twenty-five years of age. The Constitution provides that all the
executive officers shall be citizens of the United States and shall have
resided in the State two years next preceding their election, and that
the Attorney General must have been admitted to practice in the Supreme
Court of the State.
Governor.--The Governor is commander-in-chief of the military
forces of the State and may call out the entire State militia to aid in
the enforcement of the law. He may require in writing from the officers
of the Executive Department information upon any subject relating to
their respective departments.
All acts passed by the State Legislature are presented to the Governor
for his approval and signature. If he signs a bill it becomes law; if he
disapproves it, he returns it to the house in which it originated, with
his objections, which are entered on the journal of that house. The bill
is then reconsidered, and if approved by a two-thirds majority is sent
with the Governor's objections to the other house, which also
reconsiders it, and if approved by a two-thirds vote in that house it
becomes a law over the Governor's objections.
If the Governor fails to return a bill to the Legislature within five
days (Sunday or adjournment excepted) it becomes a law without his
If the Governor disapproves a bill and the adjournment of the
Legislature prevents its return, he must file it with his objections in
the office of the Secretary of State within ten days after such
adjournment; otherwise it becomes a law.
The Governor, by and with the consent of the Senate, appoints members to
fill vacancies which may occur by death, resignation, or otherwise in
the State offices. He also has the power to make appointments to all
offices whose appointment or election is not otherwise provided for.
Lieutenant-Governor.--The Lieutenant-Governor is the only executive
officer whose residence at the State Capital is not required by law. In
case of a vacancy in the office of Governor by death, resignation, or
otherwise, the Lieutenant-Governor becomes Governor and takes up his
residence at the State Capital. The only duty of the
Lieutenant-Governor, when not called upon to act as Governor, is that of
presiding officer of the Senate.
Secretary of State.--The Secretary of State is the custodian of The
Great Seal of the State of Idaho, and all State papers. He records the
proceedings and acts of the Legislature and also of the executive
departments of the State government. He is a member of the Board of
Pardons, of the Board of State Prison Commissioners, and of the State
Auditor.--The Auditor is the financial guardian of the State. He
is a member of the auditing committee which passes on all claims against
the State. The Auditor receives all moneys paid the State, and deposits
the same with the State Treasurer, taking receipt therefore. Money is
paid out of the treasury only by warrant issued by the Auditor.
The Auditor makes a regular report of the financial condition of the
Treasurer.--The Treasurer, who is under heavy bonds for the
performance of his duties, is the custodian of the funds of the State.
He receives the State's revenues from the Auditor and pays out money
only by warrant issued by the Auditor.
Attorney General.--The Attorney General is the legal adviser of the
State officers and acts as attorney for the State in all cases in which
the State is a party. He represents the State in all its legal business.
His office is one of dignity and responsibility.
Superintendent of Public Instruction.--The Superintendent of Public
Instruction has charge of the public-school system of the State. He
prepares all examination questions used by the County Superintendents of
the State and prescribes rules and regulations for conducting such
examinations. It is his duty to meet with the County Superintendents
from time to time to discuss questions for the general welfare of the
public schools of the State. He is an ex-officio member of the Board of
Trustees of the Lewiston and Albion Normal Schools, the Academy of
Idaho, the State Industrial School, and the State Land Board.
Judicial Department.--It is the special function of the Judicial
Department to interpret and explain the laws. The judicial power is
vested in a court for trial of impeachments, a supreme court, district
courts, probate courts, courts of justices of the peace, and municipal
The court for the trial of impeachments is the State Senate, whose
functions as a court of justice are outlined under the head of
The Supreme Court.--The Supreme Court is composed of three judges
elected from the State at large for a term of six years. It is so
arranged that one judge goes out of office each two years, thus leaving
a majority of members at all times with over two years' experience in
The Supreme Court has jurisdiction both original and appellate. Its
original jurisdiction consists in issuing writs of mandamus, certiorari,
prohibition, and habeas corpus. Its appellate jurisdiction extends to
practically all cases tried in the lower courts.
The Constitution requires the Supreme Court to hold annually at least
four terms of court: two at Boise, the capital, and two at Lewiston.
The compensation allowed justices of the Supreme Court is four thousand
dollars per year, but they are not permitted to hold any other public
office during the term for which they are elected.
The District Court.--It is in the District Court that the great
body of criminal cases are disposed of. This court has original
jurisdiction in all cases arising in the district, and its appellate
jurisdiction includes all cases which may be appealed to it from the
probate or justice courts.
The State of Idaho is divided into six judicial districts. The District
Court is presided over by a judge whose legal qualifications do not
differ materially from those of the justices of the Supreme Court. Two
terms of court must be held in each county of the district annually, and
special sessions may be held at the option of the judge. The judge must
live in the district for which he is elected, but may try cases in any
county of the State at the request of the judge of the District Court
thereof who may be disqualified because of his personal or pecuniary
interest in the case. The salary paid the judge of the District Court is
three thousand dollars per year.
Probate Courts.--The Probate Court is essentially a court of record
and has original jurisdiction in all matters of probate. It is in this
court that settlement is made of the estate of deceased persons and that
guardians are appointed. The Probate Court may try all civil cases
wherein the debt or damage claimed does not exceed five hundred dollars;
its jurisdiction in criminal cases is concurrent with that of justices
of the peace.
Court of Justice of the Peace.--Every county is divided into
precincts, in each one of which there is a Justice of the Peace. He has
jurisdiction in all civil cases arising in his district wherein the
amount in consideration is not more than three hundred dollars and in
cases classed as misdemeanors.
There are also police courts in cities for the trial of the violators of
the city ordinances. The presiding officers of such courts are called
Amendments.--Amendments to the Constitution may be submitted in two
ways: first, by being proposed by two-thirds of both houses of the
Legislature; second, by being proposed by a convention called for that
The amendment thus submitted must be approved by the people at a popular
The State of Idaho supports the following educational institutions:
State University, State Normal Schools at Lewiston and Albion, Academy
of Idaho at Pocatello, and the Industrial School at St. Anthony. Each of
these institutions is governed by a board of trustees appointed by the
Governor for a term of years. The boards have the general management of
the schools. They build and furnish school buildings, employ and dismiss
teachers and employees, prescribe the course of study and the conditions
under which students are admitted to the respective institutions.
The Governor is kept well informed on the conditions of the various
institutions by regular reports which he requires of the several boards
of trustees. The reports set forth a detailed account of all
expenditures for the two years just closing and make an estimate of the
amount of funds needed for the maintenance of the institution for two
Each school is supported by biennial appropriations made by the State
Legislature and by funds received as interest on money derived from the
sale of public lands set aside by the State or National Government for
The amount of land set aside for the use of the State educational
institutions is as follows: State University, including School of
Science and Agricultural College, 286,000 acres; Lewiston Normal, 50,000
acres; Albion Normal, 50,000 acres; Academy of Idaho, 40,000 acres;
Industrial Reform School, 40,000 acres.
The State University at Moscow stands at the head of the educational
institutions of the State. There are three principal departments in the
university. In the Department of Letters and Sciences the courses lead
to degrees of Bachelor of Arts, Bachelor of Science, and Bachelor of
Music. In the Department of Agriculture the course leads to a degree of
Bachelor of Science in Agriculture. In connection with the Agricultural
Course is kept a model farm of one hundred acres and an experiment
station in which laboratories are provided for soil physics, chemistry,
entomology, and botany. In the Department of Applied Science courses are
given in civil engineering, mining engineering, and in electrical and
The University was established at Moscow by special act of the
Territorial Legislature in 1889, and since that date it has had a
splendid growth. It is well equipped in apparatus necessary for the
pursuit of the courses given.
The State Normal Schools.--As an evidence of the fact that the framers
of our State government had in mind a liberal education for the youth of
our State 100,000 acres of public land was set apart for the maintenance
of normal schools, with the provision that none of this land must be
sold for less than ten dollars per acre.
The second State Legislature established in 1893 two State Normal
Schools, one at Lewiston and one at Albion. The purpose of these
schools, as set forth in the acts which created them, is to educate and
train teachers in the art of teaching and governing in the public
schools of the State.
Idaho, although one of the youngest states in the Union, ranks high in
her educational facilities, and the Normal Training Schools have been
very influential in bringing about these results.
The Lewiston State Normal is empowered to grant certificates to its
students to teach in Idaho. These certificates are:
A. Elementary Certificates, good for one year.
B. Secondary Certificates, good for five years.
C. Diplomas, good for life.
Until recently the Albion State Normal School has issued only three-year
certificates on graduation, and life diplomas only after twelve months'
successful teaching. On April 24, 1907, the Board of Trustees of the
Albion State Normal passed a resolution, providing that the regular
course be lengthened to five years, and that life diplomas may be
granted to graduates who have taught successfully for five months.
Academy of Idaho.--The Academy of Idaho is located at Pocatello. The
purpose of this school, as set forth in Section 980 of the School Laws
of Idaho, is to teach those subjects usually taught in academic and
business courses and to give instructions pertaining to a good common
Each department is well equipped with the latest devices for furthering
the work of the pupils. The students have free access to the large
library and reading room of the institution.
The requirements for admission to the Academy of Idaho are much the same
as those of the normal schools; the applicant must show either by
certificate or examination that he is able to follow successfully the
course which he elects. No tuition is charged residents of Idaho, and
pupils from other states are admitted to all the privileges of the
Academy by payment of a reasonable tuition.
The Industrial Reform School--The Industrial Reform School was
established in 1903 at St. Anthony, Fremont County. The purpose of this
school, as set forth in the act which created it, is "for the care,
protection, training, and education of delinquent, dependent, and
neglected children, and, [to] provide for the care, control, and
discharge of juvenile offenders." In addition to the income received
from the 40,000 acres of land set aside for its maintenance, the
institution is supported by regular appropriations by the State
A farm of two hundred acres, maintained in connection with the school,
is equipped with necessary agricultural implements, vehicles, horses,
cattle, hogs, poultry, etc.
The Idaho Industrial Training School is not a place of punishment, but a
school in which the physical, mental, and moral education of the child
is systematically looked after. It is the plan to have the children
leave the institution with a good common school education, with good
habits, and in fact with every requisite for good citizenship.
Idaho Insane Asylum.--The Idaho Insane Asylum is located at the
city of Blackfoot on a tract of land comprising twenty-one hundred
acres. A large part of this farm is under cultivation and forms an
important source of supplies for the institution. In connection with the
farm is maintained a large dairy herd, horses, sheep, hogs, and poultry.
A well-kept garden of thirty acres furnishes all the vegetables needed
by the inmates and employees of the institution. Most of the work done
in connection with the farm, garden, dairy, etc., is done by the
inmates. The climate, the water supply, and the general surroundings are
especially healthful, as is shown by the medical superintendent, who
says, in his report of 1906: "There is not a single case of that bane of
asylum existence--tuberculosis--among them. This is undoubtedly due to
the climatic conditions here rather than anything else."
A branch asylum was located at Orifino in 1905.
Idaho State Penitentiary.--The Idaho State Penitentiary is located
at Boise and is the only penal institution in the State. There are
twenty-five buildings in all that are used by and belong to the
institution, nearly all of which have been erected since Idaho became a
state. These buildings are located on a tract of five hundred and twenty
acres of land just east of the city. About eighty acres of land under
cultivation are under the management of the institution and all the
labor is done by the convicts. The penitentiary maintains a most
excellent library which is free to all the prisoners.
The prisoners are governed largely on the theory that "Nothing so begets
vice as idleness." During the last few years the convict labor has been
engaged on the farm, in quarrying rock for the buildings of the
institution, in erecting a new cell house and a woman's ward, and in
digging and walling up a large well which has given an abundant supply
of pure water. Thus the institution is put as far as possible on a
Soldiers' Home.--The Soldiers' Home was established by the State
Legislature in 1893 and located on a tract of forty acres of land about
three miles west of Boise in Ada County. The purpose of the institution,
as suggested by its name, is to provide a comfortable home for the
honorably discharged soldiers, sailors, and marines who served in the
Mexican, the Civil, or the Spanish-American wars; or for any member of
the State National Guard disabled while on duty.
The home here provided for the old veterans is surrounded by all
conveniences necessary to make their declining years pleasant and
comfortable. The rooms are heated by steam and lighted with electricity,
and they have a bountiful supply of wholesome food. A hospital is
maintained in connection with the institution, and the inmates have the
constant care of a skilled physician if necessary.
It is the aim of the institution to be as nearly self-supporting as
possible; regular appropriations for its maintenance are received from
the State and National Governments in about equal proportions.