Article III, Section 1

Article III, Section 1

The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.


Article Three of the United States Constitution

Article Three of the United States Constitution establishes the judicial branch of the federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason.

Section 1 of Article Three vests the judicial power of the United States in the Supreme Court, as well as inferior courts established by Congress. Along with the Vesting Clauses of Article One and Article Two, Article Three's Vesting Clause establishes the separation of powers between the three branches of government. Section 1 authorizes the creation of inferior courts, but does not require it the first inferior federal courts were established shortly after the ratification of the Constitution with the Judiciary Act of 1789. Section 1 also establishes that federal judges do not face term limits, and that an individual judge's salary may not be decreased. Article Three does not set the size of the Supreme Court or establish specific positions on the court, but Article One establishes the position of chief justice.

Section 2 of Article Three delineates federal judicial power. The Case or Controversy Clause restricts the judiciary's power to actual cases and controversies, meaning that federal judicial power does not extend to cases which are hypothetical, or which are proscribed due to standing, mootness, or ripeness issues. Section 2 states that federal judiciary's power extends to cases arising under the Constitution, federal laws, federal treaties, controversies involving multiple states or foreign powers, and other enumerated areas. Section 2 gives the Supreme Court original jurisdiction when ambassadors, public officials, or the states are a party in the case, leaving the Supreme Court with appellate jurisdiction in all other areas to which the federal judiciary's jurisdiction extends. Section 2 also gives Congress the power to strip the Supreme Court of appellate jurisdiction, and establishes that all federal crimes must be tried before a jury. Section 2 does not expressly grant the federal judiciary the power of judicial review, but the courts have exercised this power since the 1803 case of Marbury v. Madison.

Section 3 of Article Three defines treason and empowers Congress to punish treason. Section 3 requires that at least two witnesses testify to the treasonous act, or that the individual accused of treason confess in open court. It also limits the ways in which Congress can punish those convicted of treason.


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 III, Section 1 - History

[1] 1st Strike the word white, from Section 1 of Article II thereof [Electors]

[2] 2d. Strike the word white, from Section 33 of Article III thereof [Census]

[3] 3d. Strike the word white, from Section 34 of Article III thereof [Senators]

[4] 4th Strike the word white, from Section 35 of Article III thereof [Apportionment]

[5] 5th Strike the word white, from Section 1 of Article VI thereof [Militia]

The first of these amendments was submitted to the electorate with the Constitution in 1857 but was defeated.

[6] Strike out the words free white from the third line of Section four (4) of Article three (III) of said Constitution, relating to the legislative department.

[7] General election. [Amendment 1. The general election for State, District County and Township officers shall be held on the Tuesday next after the first Monday in November.]*

*The above amendment, published as section 7 of Article II was repealed by Amendment [14]

[8] Judicial districts. Amendment 2. At any regular session of the General Assembly the State may be divided into the necessary Judicial Districts for District Court purposes, or the said Districts may be reorganized and the number of the Districts and the Judges of said Courts increased or diminished but no reorganization of the Districts or diminution of the Judges shall have the effect of removing a Judge from office.

See section 10 of Article V

[9] Grand jury. Amendment 3. The Grand Jury may consist of any number of members not less than five, nor more than fifteen, as the General Assembly may by law provide, or the

General Assembly may provide for holding persons to answer for any criminal offense without the intervention of a Grand Jury.

See section 11 of Article I

[10] Amendment 4. That Section 13 of Article V of the Constitution be stricken therefrom, and the following adopted as such Section.

County attorney. SECTION 13. [The qualified electors of each county shall, at the general election in the year 1886, and every two years thereafter elect a County Attorney, who shall be a resident of the county for which he is elected, and shall hold his office for two years, and until his successor shall have been elected and qualified.]*

*In 1970 this section was repealed: See Amendment [31]

[11] Amendment 1. Add as Section 16, to Article XII of the Constitution, the following:

General election. SECTION 16. [The first general election after the adoption of this amendment shall be held on the Tuesday next after the first Monday in November in the year one thousand nine hundred and six, and general elections shall be held biennially thereafter. In the year one thousand nine hundred and six there shall be elected a governor, lieutenant-governor, secretary of state, auditor of state, treasurer of state, attorney general, two judges of the supreme court, the successors of the judges of the district court whose terms of office expire on December 31st, one thousand nine hundred and six, state senators who would otherwise be chosen in the year one thousand nine hundred and five, and members of the house of representatives. The terms of office of the judges of the supreme court which would otherwise expire on December 31st, in odd numbered years, and all other elective state, county and township officers whose terms of office would otherwise expire in January in the year one thousand nine hundred and six, and members of the general assembly whose successors would otherwise be chosen at the general election in the year one thousand nine hundred and five, are hereby extended one year and until their successors are elected and qualified. The terms of offices of senators whose successors would otherwise be chosen in the year one thousand nine hundred and seven are hereby extended one year and until their successors are elected and qualified. The general assembly shall make such changes in the law governing the time of election and term of office of all other elective officers as shall be necessary to make the time of their election and terms of office conform to this amendment, and shall provide which of the judges of the supreme court shall serve as chief justice. The general assembly shall meet in regular session on the second Monday in January, in the year one thousand nine hundred and six, and also on the second Monday in January in the year one thousand nine hundred and seven, and biennially thereafter.]*

Practically the same amendment as the above was ratified in 1900, but the supreme court, in the case of State ex rel. Bailey v. Brookhart, 113 Iowa 250, held that said amendment was not proposed and adopted as required by the constitution, and did not become a part thereof

*The above amendment of 1904 has apparently been superseded by Amendment [14]

[12] Amendment 2.* That Sections thirty-four (34) thirty-five (35) and thirty-six (36) of Article (III) of the Constitution of the State of Iowa, be repealed and the following be adopted in lieu thereof.

Senators-number-method of apportionment. SECTION 34. [The Senate shall be composed of fifty members to be elected from the several senatorial districts, established by law and at the next session of the general assembly held following the taking of the state and national census, they shall be apportioned among the several counties or districts of the state, according to population as shown by the last preceding census.]**

*In 1968 this section was repealed and a substitute adopted in lieu thereof: See Amendment [26]

**See Amendment [16] also Art. III, sec. 6

Representatives-number-apportionment. SECTION 35. [The House of Representatives shall consist of not more than one hundred and eight members. The Ratio of representation shall be determined by dividing the whole number of the population of the state as shown by the last preceding state or national census, by the whole number of counties then existing or organized, but each county shall constitute one representative district and be entitled to one representative, but each county having a population in excess of the ratio number, as herein provided of three fifths or more of such ratio number shall be entitled to one additional representative, but said addition shall extend only to the nine counties having the greatest population.]*

*In 1968 this section was repealed and a substitute adopted in lieu thereof: See Amendment [26]

Ratio of representation. SECTION 36. [The General Assembly shall, at the first regular session held following the adoption of this amendment, and at each succeeding regular session held next after the taking of such census, fix the ratio of representation, and apportion the additional representatives, as herein before required.]*

*In 1968 this section was repealed and a substitute adopted in lieu thereof: See Amendment [26]

[13] That there be added to Section eighteen (18) of Article one (I) of the Constitution of the State of Iowa, the following:

Drainage ditches and levees. The General Assembly, however, may pass laws permitting the owners of lands to construct drains, ditches, and levees for agricultural, sanitary or mining purposes across the lands of others, and provide for the organization of drainage districts, vest the proper authorities with power to construct and maintain levees, drains and ditches and to keep in repair all drains, ditches, and levees heretofore constructed under the laws of the state, by special assessments upon the property benefited thereby. The General Assembly may provide by law for the condemnation of such real estate as shall be necessary for the construction and maintenance of such drains, ditches and levees, and prescribe the method of making such condemnation.

[14] To repeal Section seven (7) of Article two (II) of the Constitution of Iowa and to adopt in lieu thereof the following, to-wit:

General election. SECTION 7. The general election for state, district county and township officers in the year 1916 shall be held in the same month and on the same day as that fixed by the laws of the United States for the election of presidential electors, or of president and vice-president of the United States and thereafter such election shall be held at such time as the general assembly may by law provide.

The above amendment repealed Amendment [7], which was published as section 7 of Article II: See also Amendment [11]

For statutory provisions, see 39.1 of the Code

In 1916 a proposed amendment to extend the election franchise to women was defeated by the people

In 1917 a second proposed prohibition amendment was defeated by the people

In 1919 a second proposed amendment to enfranchise women was nullified by a procedural defect in failure to publish

[15] Strike out the word male from Section four (4) of Article three (III) of said constitution, relating to the legislative department.

[16] [That the period (.) at the end of said section thirty-four (34) of Article three (III) of the Constitution of the state of Iowa be stricken and the following inserted: , but no county shall be entitled to more than one (1) senator.]**

*The above amendment was repealed by Amendment [26]

**Applicable to Amendment [12]

[17] Amend Article three (III) by repealing Section thirty-three (33) relating to the state census.

[18] That Article Seven (VII) of the Constitution of the State of Iowa be amended by adding thereto, as Section eight (8) thereof, the following:

Motor vehicle fees and fuel taxes. SECTION 8. All motor vehicle registration fees and licenses and excise taxes on motor vehicle fuel, except cost of administration, shall be used exclusively for the contruction, maintenance and supervision of the public highways exclusively within the state or for the payment of bonds issued or to be issued for the construction of such public highways and the payment of interest on such bonds.

[19] Amendment 1. Section four (4) of Article IV of the Constitution of Iowa is amended by adding thereto the following:

Death of governor-elect or failure to qualify. [If upon the completion of the canvass of votes for Governor and Lieutenant Governor by the General Assembly, it shall appear that the person who received the highest number of votes for Governor has since died, resigned, is unable to qualify, fails to qualify, or for any other reason is unable to assume the duties of the office of Governor for the ensuing term, the powers and duties of the office shall devolve upon the person who received the highest number of votes for Lieutenant nor until the disability is removed and, upon inauguration, he shall assume the powers and duties of Governor.]*

*In 1988 this section was repealed and a substitute adopted in lieu thereof: See Amendment [41]

[20] Amendment 2. Section nineteen (19) of Article IV of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof:

Gubenatorial succession . SECTION 19. [If there be a vacancy in the office of Governor and the Lieutenant Governor shall by reason of death, impeachment, resignation, removal from office, or other disability become incapable of performing the duties pertaining to the Goveroffice of Governor, the President pro tempore of the Senate shall act as Governor until the vacancy is filled or the disability removed and if the President pro tempore of the Senate, for any of the above causes, shall be incapable of performing the duties pertaining to the office of Governor the same shall devolve upon the Speaker of the House of Representatives and if the Speaker of the House of Representatives, for any of the above causes, shall be incapable of performing the duties of the office of Governor, the Justices of the Supreme Court shall convene the General Assembly by proclamation and the General Assembly shall organize by the election of a President pro tempore by the Senate and a Speaker by the House of Representatives. The General Assembly shall thereupon immediately proceed to the election of a Governor and Lieutenant Governor in joint convention.]*

Practically the same amendments were proposed in 1947 but nullified by a procedural defect in 1949 by failure to publish before the election

*In 1988 this section was repealed and a substitute adopted in lieu thereof: See Amendment [42]

[21] Article Five (V) is amended in the following manner:

1. Section four (4) is amended by striking from lines eight (8) and nine (9) of such section the words, exercise of supervisory and inserting in lieu thereof the words, shall exercise a supervisory and administrative.

2. Sections three (3), five (5), nine (9) and eleven (11) are repealed.

3. The following sections are added thereto:

Vacancies in courts. SECTION 15. Vacancies in the Supreme Court and District Court shall be filled by appointment by the Governor from lists of nominees submitted by the appropriate judicial nominating commission. Three nominees shall be submitted for each Supreme Court vacancy, and two nominees shall be submitted for each District Court vacancy. If the Governor fails for thirty days to make the appointment, it shall be made from such nominees by the Chief Justice of the Supreme Court.

State and district nominating commissions. SECTION 16. There shall be a State Judicial Nominating Commission. Such commission shall make nominations to fill vacancies in the Supreme Court. Until July 4, 1973, and thereafter unless otherwise provided by law, the State Judicial Nominating Commission shall be composed and selected as follows: There shall be not less than three nor more than eight appointive members, as provided by law, and an equal number of elective members on such Commission, all of whom shall be electors of the state. The appointive members shall be appointed by the Governor subject to confirmation by the Senate. The elective members shall be elected by the resident members of the bar of the state. The judge of the Supreme Court who is senior in length of service on said Court, other than the Chief Justice, shall also be a member of such Commission and shall be its chairman.

There shall be a District Judicial Nominating Commission in each judicial district of the state. Such commissions shall make nominations to fill vacancies in the District Court within their respective districts. Until July 4, 1973, and thereafter unless otherwise provided by law, District Judicial Nominating Commissions shall be composed and selected as follows: There shall be not less than three nor more than six appointive members, as provided by law, and an equal number of elective members on each such commission, all of whom shall be electors of the district. The appointive members shall be appointed by the Governor. The elective members shall be elected by the resident members of the bar of the district. The district judge of such district who is senior in length of service shall also be a member of such commission and shall be its chairman.

Due consideration shall be given to area representation in the appointment and election of Judicial Nominating Commission members. Appointive and elective members of Judicial Nominating Commissions shall serve for six year terms, shall be ineligible for a second six year term on the same commission, shall hold no office of profit of the United States or of the state during their terms, shall be chosen without reference to political affiliation, and shall have such other qualifications as may be prescribed by law. As near as may be, the terms of one-third of such members shall expire every two years.

Terms-judicial elections. SECTION 17. Members of all courts shall have such tenure in office as may be fixed by law, but terms of Supreme Court Judges shall be not less than eight years and terms of District Court Judges shall be not less than six years. Judges shall serve for one year after appointment and until the first day of January following the next judicial election after the expiration of such year. They shall at such judicial election stand for retention in office on a separate ballot which shall submit the question of whether such judge shall be retained in office for the tenure prescribed for such office and when such tenure is a term of years, on their request, they shall, at the judicial election next before the end of each term, stand again for retention on such ballot. Present Supreme Court and District Court Judges, at the expiration of their respective terms, may be retained in office in like manner for the tenure prescribed for such office. The General Assembly shall prescribe the time for holding judicial elections.

Salaries-qualifications-retirement. SECTION 18. Judges of the Supreme Court and District Court shall receive salaries from the state, shall be members of the bar of the state and shall have such other qualifications as may be prescribed by law. Judges of the Supreme Court and District Court shall be ineligible to any other office of the state while serving on said court and for two years thereafter, except that District Judges shall be eligible to the office of Supreme Court Judge. Other judicial officers shall be selected in such manner and shall have such tenure, compensation and other qualification as may be fixed by law. The General Assembly shall prescribe mandatory retirement for Judges of the Supreme Court and District Court at a specified age and shall provide for adequate retirement compensation. Retired judges may be subject to special assignment to temporary judicial duties by the Supreme Court, as provided by law.

[22] Section three (3) of Article ten (X) of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof:

Constitutional convention. SECTION 3. At the general election to be held in the year one thousand nine hundred and seventy, and in each tenth year thereafter, and also at such times as the General Assembly may, by law, provide, the question, Shall there be a Convention to revise the Constitution, and propose amendment or amendments to same? Shall be decided by the electors qualified to vote for members of the General Assembly and in case a majority of the electors so qualified, voting at such election, for and against such proposition, shall decide in favor of a Convention for such purpose, the General Assembly, at its next session, shall provide by law for the election of delegates to such Convention, and for submitting the results of said Convention to the people, in such manner and at such time as the General Assembly shall provide and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the General Assembly, voting thereon, such amendment or amendments shall become a part of the constitution of this state. If two or more amendments shall be submitted at the same time, they shall be submitted in such a manner that electors may vote for or against each such amendment separately.

[23] Section twenty-six (26) of Article III is amended by striking from line four (4) the word Fourth and inserting in lieu thereof the word first.

[24] Amendment 1. Section two (2) of Article three (III) of the Constitution of the State of Iowa is hereby repealed and the following adopted in lieu thereof:

Annual sessions of General Assembly. SECTION 2. [The General Assembly shall meet in session on the second Monday of January of each year. The Governor of the state may convene the General Assembly by proclamation in the interim.]*

*In 1974 this section was repealed and a substitute adopted: See Amendment [36]

[25] Amendment 2. Article three (III), legislative department. Constitution of the State of Iowa is hereby amended by adding the following new section:

Municipal home rule. SECTION 38A. Municipal corporations are granted home rule power and authority, not inconsistent with the laws of the General Assembly, to determine their local affairs and government, except that they shall not have power to levy any tax unless expressly authorized by the General Assembly.

The rule or proposition of law that a municipal corporation possesses and can exercise only those powers granted in express words is not a part of the law of this state.

[26] Amendment 3. Section six (6) of Article three (III) section thirty-four (34) of Article three (III) and the 1904 and 1928 amendments thereto, sections thirty-five (35) and thirty-six (36) of Article three (III) and the 1904 amendment to each such section, and section thirty-seven (37) of Article three (III) are hereby repealed and the following adopted in lieu thereof:

Senators-number and classification. SECTION 6. The number of senators shall total not more than one-half the membership of the house of representatives. Senators shall be classified so that as nearly as possible one-half of the members of the senate shall be elected every two years.

Senate and House of Representatives-limitation. SECTION 34. The senate shall be composed of not more than fifty and the house of representatives of not more than one hundred members. Senators and representatives shall be elected from districts established by law. Each district so established shall be of compact and contiguous territory. The state shall be apportioned into senatorial and representative districts on the basis of population. The General Assembly may provide by law for factors in addition to population, not in conflict with the Constitution of the United States, which may be considered in the appor tioning of senatorial districts. No law so adopted shall permit the establishment of senatorial districts whereby a majority of the members of the senate shall represent less than forty percent of the population of the state as shown by the most recent United States decennial census.

Senators and representatives-number and districts. SECTION 35. The General Assembly shall in 1971 and in each year immediately following the United States decennial census determine the number of senators and representatives to be elected to the General Assembly and establish senatorial and representative districts. The General Assembly shall complete the apportionment prior to September 1 of the year so required. If the apportionment fails to become law prior to September 15 of such year, the Supreme Court shall cause the state to be apportioned into senatorial and representative districts to comply with the requirements of the Constitution prior to December 31 of such year. The reapportioning authority shall, where necessary in establishing senatorial districts, shorten the term of any senator prior to completion of the term. Any senator whose term is so terminated shall not be compensated for the uncompleted part of the term.

Review by Supreme Court. SECTION 36. Upon verified application by any qualified elector, the Supreme Court shall review an apportionment plan adopted by the General Assembly which has been enacted into law. Should the Supreme Court determine such plan does not comply with the requirements of the Constitution, the court shall within ninety days adopt or cause to be adopted an apportionment plan which shall so comply. The Supreme Court shall have original jurisdiction of all litigation questioning the apportionment of the General Assembly or any apportionment plan adopted by the General Assembly.

Congressional districts. SECTION 37. When a congressional district is composed of two or more counties it shall not be entirely separated by a county belonging to another district and no county shall be divided in forming a congressional district.

[27] Amendment 4. Section sixteen (16) of article three (III) of the Constitution of the State of Iowa is hereby amended by adding the following new paragraph at the end thereof.

Item veto by Governor. The Governor may approve appropriation bills in whole or in part, and may disapprove any item of an appropriation bill and the part approved shall become a law. Any item of an appropriation bill disapproved by the Governor shall be returned, with his objections, to the house in which it originated, or shall be deposited by him in the office of the Secretary of State in the case of an appropriation bill submitted to the Governor for his approval during the last three days of a session for the General Assembly, and the procedure in each case shall be the same as provided for other bills. Any such item of an appropriation bill may be enacted into law notwithstanding the Governors objections, in the same manner as provided for other bills.

[28] Amendment 5. Section twenty-five (25) of Article three (III) of the Constitution of the State of Iowa is hereby repealed and the following adopted in lieu thereof:

Compensation and expenses of General Assembly. SECTION 25. Each member of the General Assembly shall receive such compensation and allowances for expenses as shall be fixed by law but no General Assembly shall have the power to increase compensation and allowances effective prior to the convening of the next General Assembly following the session in which any increase is adopted.

[29] Amendment 1. Article three (III) of the Constitution of the State of Iowa is hereby amended by adding thereto the following new section:

Legislative districts. SECTION 39. In establishing senatorial and representative districts, the state shall be divided into as many senatorial districts as there are members of the senate and into as many representative districts as there are members of the house of representatives. One senator shall be elected from each senatorial district and one representative shall be elected from each representative district.

[30] Amendment 2. Section one (1) of Article two (II) of the Constitution, as amended in 1868, is hereby repealed and the following is hereby adopted in lieu thereof:

Electors. SECTION 1. Every citizen of the United States of the age of twenty-one years, who shall have been a resident of this state for such period of time as shall be provided by law and of the county in which he claims his vote for such period of time as shall be provided by law, shall be entitled to vote at all elections which are now or hereafter may be authorized by law. The General Assembly may provide by law for different periods of residence in order to vote for various officers or in order to vote in various elections. The required periods of residence shall not exceed six months in this state and sixty days in the county.

See Amendments 19 and 26 to U.S. Constitution

[31] Amendment 3. Section thirteen (13) of Article five (V) of the Constitution of the State of Iowa as amended by Amendment 4 of the Amendments of 1884 is hereby repealed. [County Attorney].

[32] Amendment 1. Section two (2) of Article four (IV) of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof:

Election and term [governor]. SECTION 2. [The Governor shall be elected by the qualified electors at the time and place of voting for members of the General Assembly, and shall hold his office for four years from the time of his installation, and until his successor is elected and qualifies.]*

*In 1988 this section was repealed and a substitute adopted in lieu thereof:See Amendment [41]

Section three (3) of Article four (IV) of the Constitution of the State of Iowa is hereby repealed and the following adopted in lieu thereof:

Lieutenant governor-returns of elections. SECTION 3. [There shall be a Lieutenant Governor who shall hold his office for the same term, and be elected at the same time as the Governor. In voting for Governor and Lieutenant Governor, the electors shall designate for whom they vote as Governor, and for whom as Lieutenant Governor. The returns of every election for Governor, and Lieutenant Governor, shall be sealed up and transmitted to the seat of government of the State, directed to the Speaker of the House of Representatives, who shall open and publish them in the presence of both Houses of the General Assembly.]*

*In 1988 this section was repealed and a substitute adopted in lieu thereof: See Amendment [41]

Section fifteen (15) of Article four (IV) of the Constitution of the State of Iowa is hereby repealed and the following adopted in lieu thereof:

Terms-compensation of lieutenant governor. SECTION 15. [ The official term of the Governor, and Lieutenant Governor, shall commence on the second Monday of January next after their election, and continue until their successors are elected and qualify. The Lieutenant Governor, while acting as Governor, shall receive the same compensation as provided for Governor and while presiding in the Senate, and between sessions such compensation and expenses as provided by law.]*

*In 1988 this section was repealed and a substitute adopted in lieu thereof: See Amendment [42]

Section twenty-two (22) of Article four (IV) of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof:

Secretary-auditor-treasurer. SECTION 22. A Secretary of State, an Auditor of State and a Treasurer of State shall be elected by the qualified electors at the same time that the governor is elected and for a four-year term commencing on the first day of January next after their election, and they shall perform such duties as may be provided by law.

Section twelve (12) of Article five (V) of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof:

Attorney general. SECTION 12. The General Assembly shall provide, by law, for the election of an Attorney General by the people, whose term of office shall be four years, and until his successor is elected and qualifies.

[33] Amendment 2. Article five (V), Constitution of the State of Iowa, is hereby amended by adding thereto the following new section:

Retirement and discipline of judges. SECTION 19. In addition to the legislative power of impeachment of judges as set forth in Article three (III), sections nineteen (19) and twenty (20) of the Constitution, the Supreme Court shall have power to retire judges for disability and to discipline or remove them for good cause, upon application by a commission on judicial qualifications. The General Assembly shall provide by law for the implementation of this section.

[34] Amendment 3. Section twenty-eight (28) of Article three (III) of the Constitution of the State of Iowa is hereby repealed. [Lottery prohibition].

[35] Amendment 1. Section four (4), subdivision two (2), entitled School Funds and School Lands, of Article nine (IX) of the Constitution of the State of Iowa is hereby repealed.

Section four (4) of Article twelve (XII) of the Constitution of the State of Iowa is hereby repealed.

[36] Amendment 2. Section two (2) of Article three (III) of the Constitution of the State of Iowa, as amended by amendment number one (1) of the Amendments of 1968 to the Constitution of the State of Iowa, is repealed and the following adopted in lieu thereof:

The General Assembly shall meet in session on the second Monday of January of each year. Upon the written request to the presiding officer of each House of the General Assembly by two thirds of the members of each House, the General Assembly shall convene in special session. The Governor of the state may convene the General Assembly by proclamation in the interim.

[37] Article three (III), legislative department, Constitution of the State of Iowa is hereby amended by adding the following new section:

Counties Home Rule. SECTION 39A. Counties or joint county-municipal corporation governments are granted home rule power and authority, not inconsistent with the laws of the general assembly, to determine their local affairs and government, except that they shall not have power to levy any tax unless expressly authorized by the general assembly. The general assembly may provide for the creation and dissolution of joint county-municipal corporation governments. The general assembly may provide for the establishment of charters in county or joint county-municipal corporation governments.

If the power or authority of a county conflicts with the power and authority of a municipal corporation, the power and authority exercised by a municipal corporation shall prevail within its jurisdiction.

The proposition or rule of law that a county or joint county-municipal corporation government possesses and can exercise only those powers granted in express words is not a part of the law of this state.

[38] Amendment 1. Article three (III), legislative department, Constitution of the State of Iowa, is amended by adding the following new section:

Legislative veto of administrative rules. SECTION 40. The general assembly may nullify an adopted administrative rule of a state agency by the passage of a resolution by a majority of all of the members of each house of the general assembly.

[39] Amendment 2. Section 7, subsection 2 entitled School Funds and School Lands, of Article IX of the Constitution of the State of Iowa is repealed.

[40] Section 26 of Article III of the Constitution of Iowa, as amended by the Amendment of 1966, is repealed and the following adopted in lieu thereof:

An act of the General Assembly passed at a regular session of a General Assembly shall take effect on July 1 following its passage unless a different effective date is stated in an act of the General Assembly. An act passed at a special session of a General Assembly shall take effect ninety days after adjournment of the special session unless a different effective date is stated in an act of the General Assembly. The general assembly may establish by law a procedure for giving notice of the contents of acts of immediate importance which become law.

[41] Amendment 1. Section two (2) of Article four (IV) of the Constitution of the State of Iowa, as amended by amendment number one (1) of the Amendments of 1972, is repealed beginning with the general election in the year 1990 and the following adopted in lieu thereof:

SECTION 2. The governor and the lieutenant governor shall be elected by the qualified electors at the time and place of voting for members of the general assembly. Each of them shall hold office for four years from the time of installation in office and until a successor is elected and qualifies.

Section three (3) of Article four (IV) of the Constitution of the State of Iowa, as amended by amendment number one (1) of the Amendments of 1972, is repealed beginning with the general election in the year 1990 and the following adopted in lieu thereof:

SECTION 3. The electors shall designate their selections for governor and lieutenant governor as if these two offices were one and the same. The names of nominees for the governor and the lieutenant governor shall be grouped together in a set on the ballot according to which nominee for governor is seeking office with which nominee for lieutenant governor, as prescribed by law. An elector shall cast only one vote for both a nominee for governor and a nominee for lieutenant governor. The returns of every elections for governor and lieutenant governor shall be sealed and transmitted to the seat of government of the state, and directed to the speaker of the house of representatives who shall open and publish them in the presence of both houses of the general assembly. Section four (4) of Article four (IV) of the Constitution of the State of Iowa, as amended by amendment number one (1) of the Amendments of 1952, is repealed beginning with the general election in the year 1990 and the following adopted in lieu thereof:

SECTION 4. The nominees for governor and lieutenant governor jointly having the highest number of votes cast for them shall be declared duly elected. If two or more sets of nominees for governor and lieutenant governor have an equal and the highest number of votes for the offices jointly, the general assembly shall by joint vote proceed, as soon as is possible, to elect one set of nominees for governor and lieutenant governor. If, upon the completion by the general assembly of the canvass of votes for governor and lieutenant governor, it appears that the nominee for governor in the set of nominees for governor and lieutenant governor receiving the highest number of votes has since died or resigned, is unable to qualify, fails to qualify, or is for any other reason unable to assume the duties of the office of governor for the ensuing term, the powers and duties shall devolve to the nominee for lieutenant governor of the same set of nominees for governor and lieutenant governor, who shall assume the powers and duties of governor upon inauguration and until the disability is removed. If both nominees for governor and lieutenant governor are unable to assume the duties of the office of governor, the person next in succession shall act as governor.

Section five (5) of Article four (IV) of the Constitution of the State of Iowa is repealed beginning with the general election in the year 1990 and the following adopted in lieu thereof:

SECTION 5. Contested elections for the offices of governor and lieutenant governor shall be determined by the general assembly as prescribed by law.

[42] Amendment 2. Section fifteen (15) of Article four (IV) of the Constitution of the State of Iowa, as amended by amendment number one (1) of the Amendments of 1972, is repealed beginning with the second Monday in January, 1991, and the following adopted in lieu thereof:

SECTION 15. The official terms of the governor and lieutenant governor shall commence on the Tuesday after the second Monday of January next after their election and shall continue until their successors are elected and qualify. The governor and lieutenant governor shall bepaid compensation and expenses as provided by law. The lieutenant governor, while acting as governor, shall be paid the compensation and expenses prescribed for the governor. Section eighteen (18) of Article four (IV) of the Constitution of the State of Iowa is repealed beginning with the second Monday in January, 1991, and the following adopted in lieu thereof:

SECTION 18. The lieutenant governor shall have the duties provided by law and those duties of the governor assigned to the lieutenant governor by the governor. Section nineteen (19) of Article four (IV) of the Constitution of the State of Iowa, as amended by amendment number two (2) of the Amendments of 1952, is repealed beginning with the second Monday in January, 1991, and the following adopted in lieu thereof:

SECTION 19. If there be a vacancy in the office of the governor and the lieutenant governor shall by reason of death, impeachment, resignation, removal from office, or other disability become incapable of performing the duties pertaining to the office of governor, the president of the senate shall act as governor until the vacancy is filled or the disability removed and if the president of the senate, for any of the above causes, shall be incapable of performing the duties pertaining to the office of governor the same shall devolve upon the speaker of the house of representatives and if the speaker of the house of representatives, for any of the above causes, shall be incapable of performing the duties of the office of governor, the justices of the supreme court shall convene the general assembly by proclamation and the general assembly shall organize by the election of a president by the senate and a speaker by the house of representatives. The general assembly shall thereupon immediately proceed to the election of a governor and lieutenant governor in joint convention.

[43] Section 5 of Article 1 of the Constitution of Iowa is repealed.

[44] Article VII of the Constitution of the State of Iowa is amended by adding the following new section:

Fish and Wildlife Protection Funds. SECTION 9. All revenue derived from state license fee for hunting, fishing, and trapping, and all state funds appropriated for, and federal or private funds received by the state for, the regulation or advancement of hunting, fishing, or trapping, or the protection, propagation, restoration, management, or harvest of fish or wildlife, shall be used exclusively for the performance and administration of activities related to those purposes.

[45] Section 1 of Article 1 of the Constitution of the State of Iowa is amended to read as follows:

Rights of Persons. SECTION 1. All men and women are, by nature, free and equal, and have certain inalienable rights - among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.

[46] Section 11, unnumbered paragraph 1, Article I of the Constitution of the State of Iowa is amended to read as follows:

All offenses less than felony and in which the maximum permissible imprisonment does not exceed thirty days shall be tried summarily before an officer authorized by law, on information under oath, without indictment, or the intervention of a grand jury, saving to the defendant the right of appeal and no person shall be held to answer for any higher criminal offense, unless on presentment or indictment by a grand jury, except in cases arising in the army, or navy, or in the militia, when in actual service, in time of war or public danger.


CONSTITUTION OF MARYLAND

SEC. 2. The membership of the Senate shall consist of forty-seven (47) Senators. The membership of the House of Delegates shall consist of one hundred forty-one (141) Delegates (amended by Chapter 469, Acts of 1900, ratified Nov. 5, 1901 Chapter 7, Acts of 1922, ratified Nov. 7, 1922 Chapter 99, Acts of 1956, ratified Nov. 6, 1956 Chapter 785, Acts of 1969, ratified Nov. 3, 1970 Chapter 363, Acts of 1972, ratified Nov. 7, 1972).

SEC. 3. The State shall be divided by law into legislative districts for the election of members of the Senate and the House of Delegates. Each legislative district shall contain one (1) Senator and three (3) Delegates. Nothing herein shall prohibit the subdivision of any one or more of the legislative districts for the purpose of electing members of the House of Delegates into three (3) single-member delegate districts or one (1) single-member delegate district and one (1) multi-member delegate district (repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956 added by Chapter 785, Acts of 1969, ratified Nov. 3, 1970 Chapter 363, Acts of 1972, ratified Nov. 7, 1972).

SEC. 4. Each legislative district shall consist of adjoining territory, be compact in form, and of substantially equal population. Due regard shall be given to natural boundaries and the boundaries of political subdivisions (amended by Chapter 432, Acts of 1900, ratified Nov. 5, 1901 Chapter 20, Acts of 1922, ratified Nov. 7, 1922 Chapter 99, Acts of 1956, ratified Nov. 6, 1956 Chapter 785, Acts of 1969, ratified Nov. 3, 1970 Chapter 363, Acts of 1972, ratified Nov. 7, 1972).

SEC. 5. Following each decennial census of the United States and after public hearings, the Governor shall prepare a plan setting forth the boundaries of the legislative districts for electing of the members of the Senate and the House of Delegates.

The Governor shall present the plan to the President of the Senate and Speaker of the House of Delegates who shall introduce the Governor's plan as a joint resolution to the General Assembly, not later than the first day of its regular session in the second year following every census, and the Governor may call a special session for the presentation of his plan prior to the regular session. The plan shall conform to Sections 2, 3 and 4 of this Article. Following each decennial census the General Assembly may by joint resolution adopt a plan setting forth the boundaries of the legislative districts for the election of members of the Senate and the House of Delegates, which plan shall conform to Sections 2, 3 and 4 of this Article. If a plan has been adopted by the General Assembly by the 45th day after the opening of the regular session of the General Assembly in the second year following every census, the plan adopted by the General Assembly shall become law. If no plan has been adopted by the General Assembly for these purposes by the 45th day after the opening of the regular session of the General Assembly in the second year following every census, the Governor's plan presented to the General Assembly shall become law.

Upon petition of any registered voter, the Court of Appeals shall have original jurisdiction to review the legislative districting of the State and may grant appropriate relief, if it finds that the districting of the State is not consistent with requirements of either the Constitution of the United States of America, or the Constitution of Maryland (amended by Chapter 226, Acts of 1949, ratified Nov. 7, 1950 Chapter 99, Acts of 1956, ratified Nov. 6, 1956 Chapter 785, Acts of 1969, ratified Nov. 3, 1970 Chapter 363, Acts of 1972, ratified Nov. 7, 1972 Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

SEC. 7. The election for Senators and Delegates shall take place on the Tuesday next, after the first Monday in the month of November, nineteen hundred and fifty-eight, and in every fourth year thereafter (amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).

SEC. 8. Vacant (repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).

If the district which the person has been chosen to represent has been established less than six months prior to the date of his election, then in addition to (1) and (2) above, he shall have resided in the district for as long as it has been established.

A person is eligible to serve as a Senator, if he has attained the age of twenty-five years, or as a Delegate, if he has attained the age of twenty-one years, on the date of his election (amended by Chapter 880, Acts of 1974, ratified Nov. 5, 1974 Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

SEC. 10. No member of Congress, or person holding any civil, or military office under the United States, shall be eligible as a Senator, or Delegate and if any person shall after his election as Senator, or Delegate, be elected to Congress, or be appointed to any office, civil, or military, under the Government of the United States, his acceptance thereof, shall vacate his seat except that a Senator or Delegate may be a member of a reserve component of the armed forces of the United States or a member of the militia of the United States or this State (amended by Chapter 61, Acts of 1990, ratified Nov. 6, 1990).

SEC. 11. No person holding any civil office of profit, or trust, under this State shall be eligible as Senator or Delegate however, a Senator or Delegate may be a nonelected law enforcement officer or a fire or rescue squad worker (amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978 Chapter 80, Acts of 1996, ratified Nov. 5, 1996).

SEC. 12. No Collector, Receiver, or Holder of public money shall be eligible as Senator or Delegate, or to any office of profit, or trust, under this State, until he shall have accounted for, and paid into the Treasury all sums on the books thereof, charged to, and due by him.

    (2) If a name is not submitted by the Central Committee within thirty days after the occurrence of the vacancy, the Governor within another period of fifteen days shall appoint a person, who shall be affiliated with the same political party, if any as was that of the Delegate or Senator, whose office is to be filled, at the time of the last election or appointment of the vacating Delegate or Senator, and who is otherwise properly qualified to hold the office of Delegate or Senator in the District or County.

(3) In the event there is no Central Committee in the County or District from which said vacancy is to be filled, the Governor shall within fifteen days after the occurrence of such vacancy appoint a person, from the same political party, if any, as that of the vacating Delegate or Senator, at the time of the last election or appointment of the vacating Senator or Delegate, who is otherwise properly qualified to hold the office of Delegate or Senator in such District or County.

(b) In addition, and in submitting a name to the Governor to fill a vacancy in a legislative or delegate district, as the case may be, in any of the twenty-three counties of Maryland, the Central Committee or committees shall follow these provisions:

    (1) If the vacancy occurs in a district having the same boundaries as a county, the Central Committee of the county shall submit the name of a resident of the district.

(2) If the vacancy occurs in a district which has boundaries comprising a portion of one county, the Central Committee of that county shall submit the name of a resident of the district.

SEC. 15. (1) The General Assembly may continue its session so long as in its judgment the public interest may require, for a period not longer than ninety days in each year. The ninety days shall be consecutive unless otherwise provided by law. The General Assembly may extend its session beyond ninety days, but not exceeding an additional thirty days, by resolution concurred in by a three-fifths vote of the membership in each House. When the General Assembly is convened by Proclamation of the Governor, the session shall not continue longer than thirty days, but no additional compensation other than mileage and other allowances provided by law shall be paid members of the General Assembly for special session.

(2) Any compensation and allowances paid to members of the General Assembly shall be as established by a commission known as the General Assembly Compensation Commission. The Commission shall consist of nine members, five of whom shall be appointed by the Governor, two of whom shall be appointed by the President of the Senate, and two of whom shall be appointed by the Speaker of the House of Delegates. Members of the General Assembly and officers and employees of the Government of the State of Maryland or of any county, city, or other governmental unit of the State shall not be eligible for appointment to the Commission. Members of the Commission shall be appointed for terms of four years commencing on June 1 of each gubernatorial election year. Members of the Commission are eligible for re-appointment. Any member of the Commission may be removed by the Governor prior to the expiration of his term for official misconduct, incompetence, or neglect of duty. The members shall serve without compensation but shall be reimbursed for expenses incurred in carrying out their responsibilities under this section. Decisions of the Commission must be concurred in by at least five members.

(3) Within 15 days after the beginning of the regular session of the General Assembly in 1974 and within 15 days after the beginning of the regular session in each fourth year thereafter, the Commission by formal resolution shall submit its determinations for compensation and allowances to the General Assembly. The General Assembly may reduce or reject, but shall not increase any item in the resolution. The resolution, with any reductions that shall have been concurred in by joint resolution of the General Assembly, shall take effect and have the force of law as of the beginning of the term of office of the next General Assembly. Rates of compensation and pensions shall be uniform for all members of the General Assembly, except that the officers of the Senate and the House of Delegates may receive higher compensation as determined by the General Assembly Compensation Commission. The provisions of the Compensation Commission resolution shall continue in force until superseded by any succeeding resolution.

(4) In no event shall the compensation and allowances be less than they were prior to the establishment of the Compensation Commission (amended by Chapter 695, Acts of 1941, ratified Nov. 3, 1942 Chapter 497, Acts of 1947, ratified Nov. 2, 1948 Chapter 161, Acts of 1964, ratified Nov. 3, 1964 Chapter 576, Acts of 1970, ratified Nov. 3, 1970 Chapter 541, Acts of 1976, ratified Nov. 2, 1976 Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

SEC. 16. No book, or other printed matter not appertaining to the business of the session, shall be purchased, or subscribed for, for the use of the members of the General Assembly, or be distributed among them, at the public expense.

SEC. 17. No Senator or Delegate, after qualifying as such, notwithstanding he may thereafter resign, shall during the whole period of time, for which he was elected, be eligible to any office, which shall have been created, or the salary, or profits of which shall have been increased, during such term.

SEC. 19. Each House shall be judge of the qualifications and elections of its members, as prescribed by the Constitution and Laws of the State, and shall appoint its own officers, determine the rules of its own proceedings, punish a member for disorderly or disrespectful behaviour and with the consent of two-thirds of its whole number of members elected, expel a member but no member shall be expelled a second time for the same offence (amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

SEC. 20. A majority of the whole number of members elected to each House shall constitute a quorum for the transaction of business but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner, and under such penalties, as each House may prescribe.

SEC. 21. The doors of each House, and of the Committee of the Whole, shall be open, except when the business is such as ought to be kept secret.

SEC. 22. Each House shall keep a Journal of its proceedings, and cause the same to be published. The yeas and nays of members on any question, shall at the call of any five of them in the House of Delegates, or one in the Senate, be entered on the Journal.

SEC. 23. Each House may punish by imprisonment, during the session of the General Assembly, any person, not a member, for disrespectful, or disorderly behavior in its presence, or for obstructing any of its proceedings, or any of its officers in the execution of their duties provided, such imprisonment shall not, at any one time, exceed ten days.

SEC. 24. The House of Delegates may inquire, on the oath of witnesses, into all complaints, grievances and offences, as the grand inquest of the State, and may commit any person, for any crime, to the public jail, there to remain, until discharged by due course of Law. They may examine and pass all accounts of the State, relating either to the collection or expenditure of the revenue, and appoint auditors to state and adjust the same. They may call for all public, or official papers and records, and send for persons, whom they may judge necessary in the course of their inquiries, concerning affairs relating to the public interest, and may direct all office bonds which shall be made payable to the State, to be sued for any breach thereof and with a view to the more certain prevention, or correction of the abuses in the expenditures of the money of the State, the General Assembly shall create, at every session thereof, a Joint Standing Committee of the Senate and House of Delegates, who shall have power to send for persons, and examine them on oath, and call for Public, or Official Papers and Records, and whose duty it shall be to examine and report upon all contracts made for printing stationery, and purchases for the Public offices, and the Library, and all expenditures therein, and upon all matters of alleged abuse in expenditures, to which their attention may be called by Resolution of either House of the General Assembly.

SEC. 25. Neither House shall, without the consent of the other, adjourn for more than three days, at any one time, nor adjourn to any other place, than that in which the House shall be sitting, without the concurrent vote of two-thirds of the members present.

(b) Each House may adopt by rule a "consent calendar" procedure permitting bills to be read and voted upon as a single group on first, second and third readings, provided that the members of each House are afforded reasonable notice of the bills to be placed upon each "consent calendar." Upon the objection of any member, any bill in question shall be removed from the "consent calendar" (amended by Chapter 497, Acts of 1912, ratified Nov. 4, 1913 Chapter 616, Acts of 1955, ratified Nov. 6, 1956 Chapter 161, Acts of 1964, ratified Nov. 3, 1964 Chapter 576, Acts of 1970, ratified Nov. 3, 1970 Chapter 369, Acts of 1972, ratified Nov. 7, 1972 Chapter 793, Acts of 1988, ratified Nov. 8, 1988).

SEC. 30. Every bill, when passed by the General Assembly, and sealed with the Great Seal, shall be presented by the presiding officer of the House in which it originated to the Governor for his approval. All bills passed during a regular or special session shall be presented to the Governor for his approval no later than 20 days after adjournment. Within 30 days after presentment, if the Governor approves the bill, he shall sign the same in the presence of the presiding officers and Chief Clerks of the Senate and House of Delegates. Every Law shall be recorded in the office of the Court of Appeals, and in due time, be printed, published and certified under the Great Seal, to the several Courts, in the same manner as has been heretofore usual in this State (amended by Chapter 883, Acts of 1974, ratified Nov. 5, 1974).

SEC. 31. A Law passed by the General Assembly shall take effect the first day of June next after the session at which it may be passed, unless it be otherwise expressly declared therein or provided for in this Constitution (amended by Chapter 883, Acts of 1974, ratified Nov. 5, 1974).

SEC. 32. No money shall be drawn from the Treasury of the State, by any order or resolution, nor except in accordance with an appropriation by Law and every such Law shall distinctly specify the sum appropriated, and the object, to which it shall be applied provided, that nothing herein contained, shall prevent the General Assembly from placing a contingent fund at the disposal of the Executive, who shall report to the General Assembly, at each Session, the amount expended, and the purposes to which it was applied. An accurate statement of the receipts and expenditures of the public money, shall be attached to, and published with the Laws, after each regular Session of the General Assembly.

SEC. 33. The General Assembly shall not pass local, or special Laws, in any of the following enumerated cases, viz.: For extending the time for the collection of taxes granting divorces changing the name of any person providing for the sale of real estate, belonging to minors, or other persons laboring under legal disabilities, by executors, administrators, guardians or trustees giving effect to informal, or invalid deeds or wills refunding money paid into the State Treasury, or releasing persons from their debts, or obligations to the State, unless recommended by the Governor, or officers of the Treasury Department. And the General Assembly shall pass no special Law, for any case, for which provision has been made, by an existing General Law. The General Assembly, at its first Session after the adoption of this Constitution, shall pass General Laws, providing for the cases enumerated in this section, which are not already adequately provided for, and for all other cases, where a General Law can be made applicable.

SEC. 34. No debt shall be hereafter contracted by the General Assembly unless such debt shall be authorized by a law providing for the collection of an annual tax or taxes sufficient to pay the interest on such debt as it falls due, and also to discharge the principal thereof within fifteen years from the time of contracting the same and the taxes laid for this purpose shall not be repealed or applied to any other object until the said debt and interest thereon shall be fully discharged. The annual tax or taxes required to be collected shall not be collected in the event that sufficient funds to pay the principal and interest on the debt are appropriated for this purpose in the annual State budget. The credit of the State shall not in any manner be given, or loaned to, or in aid of any individual association or corporation nor shall the General Assembly have the power to involve the State in the construction of works of internal improvement which shall involve the faith or credit of the State, except in aid of the construction of works of internal improvement in the counties of St. Mary's, Charles and Calvert, which have had no direct advantage from such works as have been heretofore aided by the State and provided that such aid, advances or appropriations shall not exceed in the aggregate the sum of five hundred thousand dollars. And they shall not use or appropriate the proceeds of the internal improvement companies, or of the State tax, now levied, or which may hereafter be levied, to pay off the public debt or to any other purpose until the interest and debt are fully paid or the sinking fund shall be equal to the amount of the outstanding debt but the General Assembly may authorize the Board of Public Works to direct the State Treasurer to borrow in the name of the State, in anticipation of the collection of taxes or other revenues, including proceeds from the sale of bonds, such sum or sums as may be necessary to meet temporary deficiencies in the treasury, to preserve the best interest of the State in the conduct of the various State institutions, departments, bureaus, and agencies during each fiscal year. Subject to the approval of the Board of Public Works and as provided by law, the State Treasurer is authorized to make and sell short-term notes, in the name of the State, in anticipation of the collection of taxes or other revenues, including proceeds from the sale of bonds to meet temporary deficiencies in the Treasury, but such notes must only be made to provide for appropriations already made by the General Assembly. Any revenues anticipated for the purpose of short-term notes, made and sold under the authority of this section, must be so certain as to be readily estimable as to the time of receipt of the revenues and as to the amount of the revenues. The General Assembly may contract debts to any amount that may be necessary for the defense of the State, and provided further that nothing in this section shall be construed to prohibit the raising of funds for the purpose of aiding or compensating in such manner or way as the General Assembly of the State shall deem proper, those citizens of the State who have served, with honor, their Country and State in time of War provided, however, that such action of the General Assembly shall be effective only when submitted to and approved by a vote of the people of the State at the General Election next following the enactment of such legislation (amended by Chapter 327, Acts of 1924, ratified Nov. 4, 1924 Chapter 234, Acts of 1959, ratified Nov. 8, 1960 Chapter 372, Acts of 1972, ratified Nov. 7, 1972 Chapter 551, Acts of 1976, ratified Nov. 2, 1976 Chapter 600, Acts of 1982, ratified Nov. 2, 1982).

SEC. 35. Extra compensation may not be granted or allowed by the General Assembly to any public Officer, Agent, Servant or Contractor, after the service has been rendered, or the contract entered into nor may the salary or compensation of any public officer be increased or diminished during his term of office except those whose full term of office is fixed by law in excess of 4 years. However, after January 1, 1956, for services rendered after that date, the salary or compensation of any appointed public officer of the Mayor and City Council of Baltimore may be increased or diminished at any time during his term of office except that as to officers in the Classified City Service, when the salary of any appointed public officer of the Mayor and City Council of Baltimore however, increased or decreased, it may not again be increased or decreased, as the case may be, during the term of such public officer (amended by Chapter 416, Acts of 1957, ratified Nov. 4, 1958 Chapter 547, Acts of 1976, ratified Nov. 2, 1976 Chapter 976, Acts of 1978, ratified Nov. 7, 1978).

SEC. 35A. Nothing in this Constitution shall exempt the salary or compensation of any judge or other public officer from the imposition by the General Assembly of a non-discriminatory tax upon income, (added by Chapter 771, Acts of 1939, ratified Nov. 5, 1940).

SEC. 36. No Lottery grant shall ever hereafter be authorized by the General Assembly, unless it is a lottery to be operated by and for the benefit of the State (amended by Chapter 364, Acts of 1972, ratified Nov. 7, 1972).

SEC. 37. Vacant (repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

SEC. 38. No person shall be imprisoned for debt, but a valid decree of a court of competent jurisdiction or agreement approved by decree of said court for the support of a spouse or dependent children, or for the support of an illegitimate child or children, or for alimony (either common law or as defined by statute), shall not constitute a debt within the meaning of this section (amended by Chapter 14, Acts of 1950, ratified Nov. 7, 1950 Chapter 121, Acts of 1962, ratified Nov. 6, 1962 Chapter 321, Acts of 1982, ratified Nov. 2, 1982).

SEC. 39. The books, papers and accounts of all banks shall be open to inspection under such regulations as may be prescribed by law (amended by Chapter 151, Acts of Special Session of 1936, ratified Nov. 3, 1936).

SEC. 40. The General Assembly shall enact no Law authorizing private property to be taken for public use without just compensation, as agreed upon between the parties, or awarded by a jury, being first paid or tendered to the party entitled to such compensation.

SEC. 40B. The General Assembly shall enact no law authorizing private property to be taken for public use without just compensation, to be agreed upon between the parties or awarded by a jury, being first paid or tendered to the party entitled to such compensation, except that where such property in the judgment of the State Roads Commission is needed by the State for highway purposes, the General Assembly may provide that such property may be taken immediately upon payment therefor to the owner or owners thereof by said State Roads Commission, or into Court, such amount as said State Roads Commission shall estimate to be of the fair value of said property, provided such legislation also requires the payment of any further sum that may subsequently be awarded by a jury (added by Chapter 607, Acts of 1941, ratified Nov. 3, 1942).

SEC. 40C. The General Assembly shall enact no law authorizing private property to be taken for public use without just compensation, to be agreed upon between the parties or awarded by a jury, being first paid or tendered to the party entitled to such compensation, except that where such property, located in Prince George's County in this State, is in the judgment of the Washington Suburban Sanitary Commission needed for water supply, sewerage and drainage systems to be extended or constructed by the said Commission, the General Assembly may provide that such property, except any building or buildings may be taken immediately upon payment therefor by the condemning authority to the owner or owners thereof or into the Court to the use of the person or persons entitled thereto, such amount as the condemning authority shall estimate to be the fair value of said property, provided such legislation requires that the condemning authority's estimate be not less than the appraised value of the property being taken as evaluated by at least one qualified appraiser, whose qualifications have been accepted by a Court of Record of this State, and also requires the payment of any further sum that may subsequently be awarded by a jury, and provided such legislation limits the condemning authority's utilization of the acquisition procedures specified in this section to occasions where it has acquired or is acquiring by purchase or other procedures one-half or more of the several takings of land or interests in land necessary for any given water supply, sewerage or drainage extension or construction project (added by Chapter 781, Acts of 1965, ratified Nov. 8, 1966).

SEC. 40D. Vacant (repealed by Chapter 683, Acts of 1977, ratified Nov. 7, 1978).

SEC. 41. Vacant (repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

SEC. 42. Vacant (transferred to Article I, sec. 7, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

SEC. 43. The property of the wife shall be protected from the debts of her husband.

SEC. 44. Laws shall be passed by the General Assembly, to protect from execution a reasonable amount of the property of the debtor (amended by Chapter 549, Acts of 1976, ratified Nov. 2, 1976).

SEC. 45. The General Assembly shall provide a simple and uniform system of charges in the offices of Clerks of Courts and Registers of Wills, in the Counties of this State and the City of Baltimore, and for the collection thereof provided, the amount of compensation to any of the said officers in the various Counties and in the City of Baltimore shall be such as may be prescribed by law (amended by Chapter 509, Acts of 1941, ratified Nov. 3, 1942).

SEC. 46. The General Assembly shall have power to receive from the United States, any grant, or donation of land, money, or securities for any purpose designated by the United States, and shall administer, or distribute the same according to the conditions of the said grant.

SEC. 47. Vacant (transferred to Article I, sec. 8, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

SEC. 48. Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes and except in cases where no general laws exist, providing for the creation of corporations of the same general character, as the corporation proposed to be created and any act of incorporation passed in violation of this section shall be void. All charters granted, or adopted in pursuance of this section, and all charters heretofore granted and created, subject to repeal or modification, may be altered, from time to time, or be repealed Provided, nothing herein contained shall be construed to extend to Banks, or the incorporation thereof. The General Assembly shall not alter or amend the charter, of any corporation existing at the time of the adoption of this Article, or pass any other general or special law for the benefit of such corporation, except upon the condition that such corporation shall surrender all claim to exemption from taxation or from the repeal or modification of its charter, and that such corporation shall thereafter hold its charter subject to the provisions of this Constitution and any corporation chartered by this State which shall accept, use, enjoy, or in any wise avail itself of any rights, privileges, or advantages that may hereafter be granted or conferred by any general or special act, shall be conclusively presumed to have thereby surrendered any exemption from taxation to which it may be entitled under its charter, and shall be thereafter subject to taxation as if no such exemption has been granted by its charter (amended by Chapter 195, Acts of 1890, ratified Nov. 3, 1891).

SEC. 49. The General Assembly shall have power to regulate by Law, not inconsistent with this Constitution, all matters which relate to the Judges of election, time, place and manner of holding elections in this State, and of making returns thereof.

SEC. 50. It shall be the duty of the General Assembly, at its first session, held after the adoption of this Constitution, to provide by Law for the punishment, by fine, or imprisonment in the Penitentiary, or both, in the discretion of the Court, of any person, who shall bribe, or attempt to bribe, any Executive, or Judicial officer of the State of Maryland, or any member, or officer, of the General Assembly of the State of Maryland, or of any Municipal corporation in the State of Maryland, or any Executive officer of such corporation, in order to influence him in the performance of any of his official duties and, also, to provide by Law for the punishment, by fine, or imprisonment in the Penitentiary, or both, in the discretion of the Court, of any of said officers, or members, who shall demand, or receive any bribe, fee, reward, or testimonial, for the performance of his official duties, or for neglecting, or failing to perform the same and, also, to provide by Law for compelling any person, so bribing, or attempting to bribe, or so demanding, or receiving a bribe, fee, reward, or testimonial, to testify against any person, or persons, who may have committed any of said offences provided, that any person, so compelled to testify, shall be exempted from trial and punishment for the offence, of which he may have been guilty and any person, convicted of such offence, shall, as part of the punishment thereof, be forever disfranchised and disqualified from holding any office of trust, or profit, in this State.

SEC. 51. The personal property of residents of this State, shall be subject to taxation in the County or City where the resident bona fide resides for the greater part of the year for which the tax may or shall be levied, and not elsewhere, except goods and chattels permanently located, which shall be taxed in the City or County where they are so located, but the General Assembly may by law provide for the taxation of mortgages upon property in this State and the debts secured thereby, in the County or City where such property is situated (amended by Chapter 426, Acts of 1890, ratified Nov. 3, 1891).

(2) Every appropriation bill shall be either a Budget Bill, or a Supplementary Appropriation Bill, as hereinafter provided.

(3) On the third Wednesday in January in each year, (except in the case of a newly elected Governor, and then not later than ten days after the convening of the General Assembly), unless such time shall be extended by the General Assembly, the Governor shall submit to the General Assembly a Budget for the next ensuing fiscal year. Each Budget shall contain a complete plan of proposed expenditures and estimated revenues for said fiscal year and shall show the estimated surplus or deficit of revenues at the end of the preceding fiscal year. Accompanying each Budget shall be a statement showing: (a) the revenues and expenditures for the preceding fiscal year (b) the current assets, liabilities, reserves and surplus or deficit of the State (c) the debts and funds of the State (d) an estimate of the State's financial condition as of the beginning and end of the preceding fiscal year (e) any explanation the Governor may desire to make as to the important features of the Budget and any suggestions as to methods for reduction or increase of the State's revenue (amended by Chapter 725, Acts of 1955, ratified Nov. 6, 1956 Chapter 161, Acts of 1964, ratified Nov. 3, 1964).

(4) Each Budget shall embrace an estimate of all appropriations in such form and detail as the Governor shall determine or as may be prescribed by law, as follows: (a) for the General Assembly as certified to the Governor in the manner hereinafter provided (b) for the Executive Department (c) for the Judiciary Department, as provided by law, as certified to the Governor (d) to pay and discharge the principal and interest of the debt of the State in conformity with Section 34 of Article III of the Constitution, and all laws enacted in pursuance thereof (e) for the salaries payable by the State and under the Constitution and laws of the State (f) for the establishment and maintenance throughout the State of a thorough and efficient system of public schools in conformity with Article 8 of the Constitution and with the laws of the State and (g) for such other purposes as are set forth in the Constitution or laws of the State (amended by Chapter 20, Acts of 1952, ratified Nov. 4, 1952 Chapter 62, Acts of 1990, ratified Nov. 6, 1990).

(5) The Governor shall deliver to the presiding officer of each House the Budget and a bill for all the proposed appropriations of the Budget classified and in such form and detail as he shall determine or as may be prescribed by law and the presiding officer of each House shall promptly cause said bill to be introduced therein, and such bill shall be known as the "Budget Bill." The Governor may, with the consent of the General Assembly, before final action thereon by the General Assembly, amend or supplement said Budget to correct an oversight, provide funds contingent on passage of pending legislation or, in case of an emergency, by delivering such an amendment or supplement to the presiding officers of both Houses and such amendment or supplement shall thereby become a part of said Budget Bill as an addition to the items of said bill or as a modification of or a substitute for any item of said bill such amendment or supplement may affect (amended by Chapter 20, Acts of 1952, ratified Nov. 4, 1952).

(5a) The Budget and the Budget Bill as submitted by the Governor to the General Assembly shall have a figure for the total of all proposed appropriations and a figure for the total of all estimated revenues available to pay the appropriations, and the figure for total proposed appropriations shall not exceed the figure for total estimated revenues. Neither the Governor in submitting an amendment or supplement to the Budget Bill nor the General Assembly in amending the Budget Bill shall thereby cause the figure for total proposed appropriations to exceed the figure for total estimated revenues, including any revisions, and in the Budget Bill as enacted the figure for total estimated revenues always shall be equal to or exceed the figure for total appropriations (added by Chapter 745, Acts of 1973, ratified Nov. 5, 1974).

(6) The General Assembly shall not amend the Budget Bill so as to affect either the obligations of the State under Section 34 of Article III of the Constitution, or the provisions made by the laws of the State for the establishment and maintenance of a system of public schools or the payment of any salaries required to be paid by the State of Maryland by the Constitution thereof and the General Assembly may amend the bill by increasing or diminishing the items therein relating to the General Assembly, and by increasing or diminishing the items therein relating to the judiciary, but except as hereinbefore specified, may not alter the said bill except to strike out or reduce items therein, provided, however, that the salary or compensation of any public officer shall not be decreased during his term of office and such bill, when and as passed by both Houses, shall be a law immediately without further action by the Governor (amended by Chapter 373, Acts of 1972, ratified Nov. 7, 1972).

(7) The Governor and such representatives of the executive departments, boards, officers and commissions of the State expending or applying for State's moneys, as have been designated by the Governor for this purpose, shall have the right, and when requested by either House of the General Assembly, it shall be their duty to appear and be heard with respect to any Budget Bill during the consideration thereof, and to answer inquiries relative thereto (amended by Chapter 159, Acts of 1916, ratified Nov. 7, 1916 Chapter 497, Acts of 1947, ratified Nov. 2, 1948).

(8) Supplementary Appropriation Bill. Either House may consider other appropriations but both Houses shall not finally act upon such appropriations until after the Budget Bill has been finally acted upon by both Houses, and no such other appropriation shall be valid except in accordance with the provisions following: (a) Every such appropriation shall be embodied in a separate bill limited to some single work, object or purpose therein stated and called herein a Supplementary Appropriation Bill (b) Each Supplementary Appropriation Bill shall provide the revenue necessary to pay the appropriation thereby made by a tax, direct or indirect, to be levied and collected as shall be directed in said bill (c) No Supplementary Appropriation Bill shall become a law unless it be passed in each House by a vote of a majority of the whole number of the members elected, and the yeas and nays recorded on its final passage (d) Each Supplementary Appropriation Bill shall be presented to the Governor of the State as provided in Section 17 of Article 2 of the Constitution and thereafter all the provisions of said section shall apply (amended by Chapter 416, Acts of 1966, ratified Nov. 8, 1966).

(9) Nothing in this section shall be construed as preventing the General Assembly from passing at any time, in accordance with the provisions of Section 28 of Article 3 of the Constitution and subject to the Governor's power of approval as provided in Section 17 of Article 2 of the Constitution, an appropriation bill to provide for the payment of any obligation of the State within the protection of Section 10 of Article 1 of the Constitution of the United States (amended by Chapter 159, Acts of 1916, ratified Nov. 7, 1916 Chapter 497, Acts of 1947, ratified Nov. 2, 1948).

(10) If the Budget Bill shall not have been finally acted upon by the Legislature seven days before the expiration of the regular session, the Governor shall issue a proclamation extending the session for some further period as may, in his judgment, be necessary for the passage of such bill but no other matter than such bill shall be considered during such extended session except a provision for the cost thereof (amended by Chapter 576, Acts of 1970, ratified Nov. 3, 1970).

(11) For the purpose of making up the Budget, the Governor shall require from the proper State officials (including all executive departments, all executive and administrative offices, bureaus, boards, commissions and agencies that expend or supervise the expenditure of, and all institutions applying for State moneys and appropriations) such itemized estimates and other information, in such form and at such times as directed by the Governor. An estimate for a program required to be funded by a law which will be in effect during the fiscal year covered by the Budget and which was enacted before July 1 of the fiscal year prior to that date shall provide a level of funding not less than that prescribed in the law. The estimates for the Legislative Department, certified by the presiding officer of each House, of the Judiciary, as provided by law, certified by the Chief Judge of the Court of Appeals, and for the public schools, as provided by law, shall be transmitted to the Governor, in such form and at such times as directed by the Governor, and shall be included in the Budget without revision (amended by Chapter 971, Acts of 1978, ratified Nov. 7, 1978 Chapter 62, Acts of 1990, ratified Nov. 6, 1990).

(12) The Governor may provide for public hearings on all estimates and may require the attendance at such hearings of representatives of all agencies, and for all institutions applying for State moneys. After such public hearings he may, in his discretion, revise all estimates except those for the legislative and judiciary departments, and for the public schools, as provided by law, and except that he may not reduce an estimate for a program below a level of funding prescribed by a law which will be in effect during the fiscal year covered by the Budget, and which was enacted before July 1 of the fiscal year prior thereto (amended by Chapter 971, Acts of 1978, ratified Nov. 7, 1978).

(13) The General Assembly may, from time to time, enact such laws not inconsistent with this section, as may be necessary and proper to carry out its provisions.

(14) In the event of any inconsistency between any of the provisions of this Section and any of the other provisions of the Constitution, the provisions of this Section shall prevail. But nothing herein shall in any manner affect the provisions of Section 34 of Article 3 of the Constitution or of any laws heretofore or hereafter passed in pursuance thereof, or be construed as preventing the Governor from calling extraordinary sessions of the General Assembly, as provided by Section 16 of Article 2, or as preventing the General Assembly at such extraordinary sessions from considering any emergency appropriation or appropriations (amended by Chapter 159, Acts of 1916, ratified Nov. 7, 1916 Chapter 497, Acts of 1947, ratified Nov. 2, 1948).

(15) If any item of any appropriation bill passed under the provisions of this Section shall be held invalid upon any ground, such invalidity shall not affect the legality of the bill or of any other item of such bill or bills.

SEC. 53. (a) There is a Transportation Trust Fund.

(b) Except as provided in subsection (e) of this section, the funds in the Transportation Trust Fund may be used only:

    (1) For the purpose of paying the principal of and interest on transportation bonds as they become due and payable and

(c) Except as provided in subsection (e) of this section, funds in the Transportation Trust Tund may not be transferred to the General Fund or a special fund of the State.

(d) This section does not apply to:

    (1) An allocation or use of highway user revenues for the counties, municipalities, or Baltimore City that is authorized under Title 8, Subtitle 4 of the Transportation Article or

(e) Funds in the Transportation Trust Fund may be used for a purpose not related to transportation or transferred to the General Fund or a special fund of the State if:

    (1) The Governor, by executive order, declares a fiscal emergency exists and

(added by Chapter 422, Acts of 2013, ratified Nov. 4, 2014. Former text was repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

SEC. 54. No County of this State shall contract any debt, or obligation, in the construction of any Railroad, Canal, or other Work of Internal Improvement, nor give, or loan its credit to, or in aid of any association, or corporation, unless authorized by an Act of the General Assembly (amended by Chapter 71, Acts of 1960, ratified Nov. 8, 1960).

SEC. 55. The General Assembly shall pass no Law suspending the privilege of the Writ of Habeas Corpus.

SEC. 56. The General Assembly shall have power to pass all such Laws as may be necessary and proper for carrying into execution the powers vested, by this Constitution, in any Department, or office of the Government, and the duties imposed upon them thereby.

SEC. 57. The Legal Rate of Interest shall be Six per cent per annum, unless otherwise provided by the General Assembly.

SEC. 58. The Legislature shall provide by Law for State and municipal taxation upon the revenues accruing from business done in the State by all foreign corporations (amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).

SEC. 59. The Legislature shall pass no law creating the office of "State Pension Commissioner", or establishing any general pension system within this State (amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

SEC. 60. The General Assembly of Maryland shall have the power to provide by suitable general enactment (a) for the suspension of sentence by the Court in criminal cases (b) for any form of the indeterminate sentence in criminal cases, and (c) for the release upon parole in whatever manner the General Assembly may prescribe, of convicts imprisoned under sentence for crimes (added by Chapter 453, Acts of 1914, ratified Nov. 2, 1915).

SEC. 61. (a) The General Assembly may authorize and empower any county or any municipal corporation, by public local law:

    (1) To carry out urban renewal projects which shall be limited to slum clearance in slum or blighted areas and redevelopment or the rehabilitation of slum or blighted areas, and to include the acquisition, within the boundary lines of such county or municipal corporation, of land and property of every kind and any right, interest, franchise, easement or privilege therein, by purchase, lease, gift, condemnation or any other legal means. The term "slum area" shall mean any area where dwellings predominate which, by reason of depreciation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitary facilities, or any combination of these factors, are detrimental to the public safety, health or morals. The term "blighted area" shall mean an area in which a majority of buildings have declined in productivity by reason of obsolescence, depreciation or other causes to an extent they no longer justify fundamental repairs and adequate maintenance.

(2) To sell, lease, convey, transfer or otherwise dispose of any of said land or property, regardless of whether or not it has been developed, redeveloped, altered or improved and irrespective of the manner or means in or by which it may have been acquired, to any private, public or quasi public corporation, partnership, association, person or other legal entity.

No land or property taken by any county or any municipal corporation for any of the aforementioned purposes or in connection with the exercise of any of the powers which may be granted to such county or municipal corporation pursuant to this section by exercising the power of eminent domain shall be taken without just compensation, as agreed upon between the parties, or awarded by a jury, being first paid or tendered to the party entitled to such compensation.

(b) The General Assembly may grant to any county or any municipal corporation, by public local law, any and all additional power and authority necessary or proper to carry into full force and effect any and all of the specific powers authorized by this section and to fully accomplish any and all of the purposes and objects contemplated by the provisions of this section, provided such additional power or authority is not inconsistent with the terms and provisions of this section or with any other provision or provisions of the Constitution of Maryland.

(c) The General Assembly of Maryland, by public local law, may establish or authorize the establishment of a public body or agency to undertake in a county or municipal corporation (other than Baltimore City) the activities authorized by this section, and may provide that any or all of the powers, except the power of taxation, herein authorized to be granted to such county or municipal corporation shall be vested in such public body or agency or in any existing public body or agency.

(d) The General Assembly may place such other and further restrictions or limitations on the exercise of any of the powers provided for in this section, as it may deem proper and expedient.

(e) The provisions of this section are independent of, and shall in no way affect, the powers granted under Article XIB of the Constitution of Maryland, title "City of Baltimore - Land Development and Redevelopment." Also, the power provided in this section for the General Assembly to enact public local laws authorizing any municipal corporation or any county to carry out urban renewal projects prevails over the restrictions contained in Article XIA "Local Legislation" and in Article XIE "Municipal Corporations" of this Constitution (added by Chapter 444, Acts of 1959, ratified Nov. 8, 1960).

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The Constitution of the United States

Preamble Note

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article I - The Legislative Branch Note

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.

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 previous sentence in parentheses was modified by the 14th Amendment, section 2.) The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five and Georgia three.

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 chuse their Speaker and other Officers and shall have the sole Power of Impeachment.

The Senate of the United States shall be composed of two Senators from each State, (chosen by the Legislature thereof,) (The preceding words in parentheses superseded by 17th Amendment, section 1.) 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.) (The preceding words in parentheses were superseded by the 17th Amendment, section 2.)

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 chuse their other Officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the Office of President of the United States.

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.

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 Place of Chusing Senators.

The Congress shall assemble at least once in every Year, and such Meeting shall (be on the first Monday in December,) (The preceding words in parentheses were superseded by the 20th Amendment, section 2.) unless they shall by Law appoint a different Day.

Section 5 - Membership, Rules, Journals, Adjournment

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.

(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.) (The preceding words in parentheses were modified by the 27th Amendment.) 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 - Revenue Bills, Legislative Process, Presidential Veto

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.

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, dock-Yards, 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.

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.) (Section in parentheses clarified by the 16th Amendment.)

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 - Powers prohibited of States

No State shall enter into any Treaty, Alliance, or Confederation grant Letters of Marque and Reprisal coin Money emit Bills of Credit make any Thing but gold and silver Coin a Tender in Payment of Debts pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

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 Controul 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 II - The Executive Branch Note

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 chuse by Ballot one of them for President and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote a quorum for this Purpose shall consist of a Member or Members from two-thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice-President.) (This clause in parentheses was superseded by the 12th Amendment.)

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes which Day shall be the same throughout the United States.

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.) (This clause in parentheses has been modified by the 20th and 25th Amendments.)

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 - Civilian Power over Military, Cabinet, Pardon Power, Appointments

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 - State of the Union, Convening Congress

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.

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article III - The Judicial Branch Note

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 - Trial by Jury, Original Jurisdiction, Jury Trials

(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.) (This section in parentheses is modified by the 11th Amendment.)

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.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury and such Trial shall be held in the State where the said Crimes shall have been committed but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

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 IV - The States

Section 1 - Each State to Honor all others

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 - State citizens, Extradition

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 Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, But shall be delivered up on Claim of the Party to whom such Service or Labour may be due.) (This clause in parentheses is superseded by the 13th Amendment.)

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 - Republican government

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Article V - Amendment Note1 - Note2 - Note3

The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Article VI - Debts, Supremacy, Oaths

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, any Thing 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 VII - Ratification Documents

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. Note

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

Pensylvania - 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


Contents

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the other territories belonging to the Philippines by historic or legal title, including the territorial sea, the air space, the subsoil, the sea-bed, the insular shelves, and the submarine areas over which the Philippines has sovereignty or jurisdiction. The waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines.

Suffrage shall be exercised by citizens of the Philippines not otherwise disqualified by law, who are eighteen years of age or over and who shall have resided in the Philippines for at least one year and in the place wherein they propose to vote for at least six months preceding the election. No literacy, property or other substantive requirement shall be imposed on the exercise of, suffrage. The Batasang Pambansa shall provide a system for the purpose of securing the secrecy and sanctity of the vote.

"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as (name of position) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man and consecrate myself to the service of the Nation. So help me God."

Section 7. The salaries and emoluments of the Prime Minister and the Members of the Cabinet shall be fixed by law which shall not be increased or decreased during their tenure of office. Until otherwise provided by law, the Prime Minister shall receive the same salary as that of the President. Section 8. The Prime Minister and the Members of the cabinet shall be subject to the provisions of sections ten and eleven of Article Eight hereof and may not appear as counsel before any court or administrative body, or participate in the management of any business, or practice any profession. Section 9. The Prime Minister or any Member of the Cabinet may resign for any cause without vacating his seat in the National Assembly. Section 10. The Prime Minister shall, at the beginning of each regular session of the National Assembly, and from time to time thereafter, present the program of government and recommend for the consideration of the National Assembly such measures as he may deem necessary and proper. Section 11. The Prime Minister shall have control of all ministries. Section 12. The Prime Minister shall be commander-in-chief of all armed forces of the Philippines, and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion, insurrection, or rebellion. In case of invasion, or rebellion, or imminent danger thereof when the public safety requires, it he may suspend the privilege of the writ of habeas corpus, or place the Philippines or any part thereof under martial law. Section 13. The Prime Minister shall appoint the heads of bureaus and offices, the officers of the armed forces of the Philippines from the rank of brigadier general or commodore, and all other officers of the Government whose appointments are not herein otherwise provided for, and those whom he may be authorized by law to appoint. However, the National Assembly may by law vest in members of the cabinet, courts, heads of agencies, commissions, and boards the power to appoint inferior officers in their respective offices. Section 14. The Prime Minister may, except in cases of impeachment grant reprieves, commutations, and pardons, remit fines and forfeitures after final conviction, and with the concurrence of the National Assembly, grant amnesty. Section 15. The Prime Minister may contract and guarantee foreign and domestic loans on behalf of the Republic of the Philippines, subject to such limitations as may be provided by law. Section 16. All powers vested in the President of the Philippines under nineteen hundred and thirty-five Constitution and the laws of the land which are not herein provided for or conferred upon any official shall be deemed, and are hereby, vested in the Prime Minister, unless the National Assembly provides otherwise.

A. Common Provisions Edit

B. The Civil Service Commission Edit

C. The Commission on Elections Edit

D. Commission on Audit Edit

14,976,561 Voted Yes
743,869 Voted No

Final Paragraph Edit

The retiring age of all judges shall be 70 years of age.

An amendment as proposed by the Batasang Pambansa, sitting as a Constituent Assembly, in Resolution No. 2, which, in substance, calls for the establishment of a modified parliamentary system, amending for this purpose Articles VII, VIII and IX of the Constitution, with the following principal features:

1. The President is the Head of State and Chief Executive of the Republic of the Philippines, elected by direct vote of the people for a term of six years. He has control of the Ministries. He formulates the guidelines of national policy. He nominates the Prime Minister and the Deputy Prime Minister to be elected by the Batasang Pambansa. Upon the advice of the Prime Minister in writing, whenever the need arises for a vote of confidence on a fundamental issue, the President may dissolve the Batasang Pambansa and call for an election on a date set by him. However, the Batasang Pambansa may not be dissolved: 1) within eighteen (18) months preceding a regular election of the Batasang Pambansa 2) within eighteen (18) months immediately following such election 3) during the pendency of impeachment proceedings against the President or 4) when the Executive Committee or the Speaker, in appropriate cases, exercises the powers or discharges the duties of the President. The President shall be immune from suit during his tenure. Thereafter, no suit whatsoever shall lie for official acts done by him or by others pursuant to his specific orders during his tenure. This immunity shall apply to the incumbent President referred to in Article XVII of this Constitution. 2. The legislative power is vested in the Batasang Pambansa to be composed of not more than 200 members unless otherwise provided by law, including regional and sectoral representatives, and members of the Cabinet chosen by the President. The regional and sectoral representatives shall have a term of six years. The regular election for the members of the Batasang Pambansa shall be held on the second Monday of May, 1984, and every six years thereafter. The Batasang Pambansa elects the Prime Minister upon nomination by the President. It may withdraw its confidence from the Prime Minister, in which case, the President may within ten days from advice of the adoption of the motion of non-confidence, submit to the Batasang Pambansa a nominee for Prime Minister. It calls for the election of President in case of permanent disability, death, removal from office or resignation of the President. In addition to the existing disqualifications, its Members may not appear as counsel in any criminal case wherein a government officer or employee is accused of an offense committed in relation to his office. 3. The Executive Committee is composed of not more than 14 members designated by the President, at least half of whom shall be members of the Batasang Pambansa. It is headed by the Prime Minister. The Executive Committee assists the President in the exercise of his powers and functions and in the performance of his duties as he may prescribe. The Executive Committee shall exercise the powers and discharge the duties of the President until a President is elected and qualified in the following cases: (a) if the President-elect dies or (b) fails to qualify before the beginning of his term or (c) if the President has not been chosen before the start of his term.

In case of permanent disability, death, removal from office or resignation of the President, the Executive Committee headed by the Prime Minister as hereinafter provided shall exercise the powers of the President until a President shall have been elected and qualified. If the permanent disability, death, removal from office or resignation of the President occurs earlier than eighteen (18) months before the expiration of his term, the Batasang Pambansa shall, within thirty days from the time the vacancy occurs, call a special election to be held not earlier than thirty-five days nor later than sixty days from the time of such call, to elect a President to serve the unexpired term. In the absence of the Executive Committee, the Speaker of the Batasang Pambansa shall act as President until a President shall have been elected and qualified.

4. The Cabinet, headed by the Prime Minister, shall be composed of Ministers with or without portfolio appointed by the President. At least a majority of the Cabinet who are heads of ministries shall come from the Regional Representatives of the Batasang Pambansa. 5. The Prime Minister is the head of the Cabinet and of the Executive Committee. He is elected by the Batasang Pambansa upon nomination by the President from among the Members. The Prime Minister and the Cabinet shall be responsible to the Batasang Pambansa for the program of government approved by the President. He has supervision of the Ministries. The Deputy Prime Minister, elected by the Batasang Pambansa, upon nomination by the President from among the Members thereof, performs functions assigned to him by the Prime Minister.

6. Except as member of the Executive Committee, no elective official shall be eligible for appointment to any office or position during his tenure, unless otherwise provided by law, amending for this purpose paragraph

(1) Section 4 of Article XII-B (2) Accreditation of political parties whose candidates for President obtained the first and second highest number of votes in the last preceding presidential election under this Constitution if each has obtained at least ten percent (10%) of the total number of votes cast, amending for this purpose Section 8 of Article XII-C (3) Grant to accredited political parties the right to be represented in the registration board, board of election inspectors, board of canvassers, or similar bodies as well as grant to accredited political parties of other rights or privileges as may be provided by law amending for this purpose paragraph (2), Section 9, Article XII-C and (4) Change of political party affiliation by an elective public officer during his term of office, or by a candidate for an elective office within six months immediately preceding or following an election shall be prohibited, unless otherwise provided by law, amending for this purpose Section 10, Article XII-C. 7. Provided that a natural-born citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private land, for use by him as his residence, as the Batasang Pambansa shall provide, amending for this purpose Section 14 of Article XIV of the Constitution.

Article VII (as amended): The President Edit

"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as President of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man and consecrate myself to the service of the Nation. So help me God."

Section 6. (1) The President shall have an official residence and shall receive a compensation to be fixed by law, which shall not be increased or decreased during his term of office. He shall not receive during his tenure any other emolument from the Government or any other source. Until the Batasang Pambansa shall provide otherwise, the President shall receive an annual salary of one hundred thousand pesos. (2) The President shall not, during his tenure, hold any other office, practice any profession, participate directly or indirectly in the management of any business, or be financially interested directly or indirectly in any contract with, or in any franchise or special privilege granted by, the Government or any subdivision, agency or instrumentality thereof, including any government-owned or controlled corporation. Section 7. In case of permanent disability, death, removal from office or resignation of the President, the Executive Committee headed by the Prime Minister as hereinafter provided shall exercise the powers of the President until a President shall have been elected and qualified. If the permanent disability, death, removal from office or resignation of the President occurs earlier than eighteen (18) months before the expiration of his term, the Batasang Pambansa shall, within thirty days from the time the vacancy occurs, call a special election to be held not earlier than forty-five days nor later than sixty days from the time of such call, to elect a President to serve the unexpired term. In the absence of an Executive Committee, the Speaker shall act as President until the President shall have been elected and qualified. Section 8. The President shall have control of the ministries. Section 9. The President shall be commander-in-chief of all armed forces of the Philippines and, whenever it be­comes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion, insurrection, or rebellion. In case of invasion, insurrection, or rebellion, or imminent danger thereof, when the public safety requires it, he may suspend the privilege of the writ of habeas corpus, or place the Philippines or any part thereof under martial law. Section 10. The President shall appoint the heads of bureaus and offices, the officers of the armed forces of the Philippines from the rank of brigadier general or commodore, and all other officers of the Government whose appointments are not otherwise provided for, those whom he may be authorized by law to appoint. However, the Batasang Pambansa may by law vest in the Prime Minister, members of the Cabinet, the Executive Committee, courts, heads of agencies, commissions, and boards the power to appoint inferior officers. Section 11. The President may, except in cases of impeachment, grant reprieves, commutations and pardons, remit fines and forfeitures and, with the concurrence of the Batasang Pambansa, grant amnesty. Section 12.The President may contract and guarantee foreign and domestic loans on behalf of the Republic of the Philippines, subject to such limitations as may be provided by law. Section 13. The President shall formulate the guidelines of national policy. Section 14. The President shall address the Batasang Pambansa at the opening of its regular session. He may also appear before it at any other time. Section 15. The President shall be immune from suit during his tenure. Thereafter, no suit whatsoever shall lie for official acts done by him or by others pursuant to his specific orders during his tenure. The immunities herein provided shall apply to the incumbent President referred to in Article XVII of this Constitution. Section 16. All powers vested in the President of the Philippines under the 1935 Constitution and the laws of the land which are not herein provided for or conferred upon any official shall be deemed and are hereby vested in the President unless the Batasang Pambansa provides otherwise.

Article VIII (as amended): The Batasang Pambansa Edit

Article IX (as amended): The Prime Minister, the Cabinet and the Executive Committee Edit

"I do solemnly swear (or affirm) that I will faithfully and conscientiously fulfill my duties as (name of position) of the Philippines, preserve and defend its Constitution, execute its laws, do justice to every man and consecrate myself to the service of the Nation. So help me God."

Section 7. The salaries and emoluments of the Prime Minister, Deputy Prime Minister, Members of the Cabinet and of the Executive Committee shall be fixed by law which shall not be increased or decreased during their tenure of office. Until otherwise provided by law, the Prime Minister shall receive the same salary as that of the President. Section 8. The Prime Minister, the Members of the Cabinet and the Members of the Executive Committee, shall be subject to the provisions of Section 11, Article VIII hereof and may not appear as counsel before any court or administrative body, or manage any business, or practice any profession, and shall also be subject to such other disqualifications as may be provided by law. Section 9. The Prime Minister, Deputy Prime Minister, any Member of the Cabinet or the Executive Committee may resign for any cause without vacating his seat as Regional or Sectoral Representative in the Batasang Pambansa, or any other government position. Section 10. The Prime Minister shall have supervision of all ministries.

National Capital Region: Manila, 6 Quezon City, 4 Caloocan, 2 Pasay, 1 Pasig and Marikina, 2 Las Piñas and Parañaque, 1 Makati, 1 Malabon, Navotas and Valenzuela, 2 San Juan and Mandaluyong, 1 Taguig, Pateros and Muntinglupa, 1.

Region I: Abra, 1 Benguet, 1 Ilocos Norte with Laoag City, 2 Ilocos Sur, 2 La Union, 2 Mountain Province, 1 Pangasinan with the cities of Dagupan and San Carlos, 6 Baguio City, 1

Region II: Batanes, 1 Cagayan, 3 Ifugao, 1 Isabela, 3 Kalinga-Apayao, 1 Nueva Vizcaya, 1 Quirino, 1

Region III: Bataan, 1 Bulacan, 4 Nueva Ecija with the cities of Cabanatuan, Palayan and San Jose, 4 Pampanga with Angeles City, 4 Tarlac, 2 Zambales, 1 Olongapo City, 1

Region IV: Aurora, 1 Batangas with the cities of Batangas and Lipa, 4 Cavite with the cities of Cavite, Tagaytay and Trece Martires, 3 Laguna with the San Pablo City, 4 Marinduque, 1 Occidental Mindoro, 1 Oriental Mindoro, 2 Palawan with Puerto Princesa City, 1 Quezon with Lucena City, 4 Rizal, 2 Romblon, 1

Region V: Albay with Legaspi City, 3 Camarines Norte, 1 Camarines Sur with the cities of Iriga and Naga, 4 Catanduanes, 1 Masbate, 2 Sorsogon, 2

Region VI: Aklan, 1 Antique, 1 Capiz with Roxas City, 2 Iloilo with Iloilo City, 5 Negros Occidental with the cities of Bacolod, Bago, Cadiz, La Carlota, San Carlos and Silay, 7

Region VII: Bicol with Tagbilaran City, 3 Cebu with the cities of Danao, Lapu-Lapu, Mandaue and Toledo, 6 Negros Oriental with the cities of Bais, Canlaon and Dumaguete, 3 Siquijor, 1 Cebu City, 2

Region VIII: Leyte with the cities of Ormoc and Tacloban 5 Southern Leyte, 1 Eastern Samar, 1 Northern Samar, 1 Samar with Calbayog City, 2

Region IX: Basilan, 1 Sulu, 1 Tawi-Tawi, 1 Zamboanga del Norte with the cities of Dapitan and Dipolog, 2 Zamboanga del Sur with Pagadian City, 3 Zamboanga City, 1

Region X: Agusan del Norte with Butuan City, 1 Agusan del Sur, 1 Bukidnon, 2 Camiguin, 1 Misamis Occidental with the cities of Oroquieta, Ozamis and Tangub, 1 Misamis Oriental with Gingoog City, 2 Surigao del Norte with Surigao City, 1 Cagayan de Oro City, 1

Region XI: Surigao del Sur, 1 Davao del Norte 3 Davao Oriental, 1 Davao del Sur, 2 South Cotabato with General Santos City, 3 Davao City, 2

Region XII: Lanao del Norte, 1 Lanao del Sur with Marawi City, 2 Maguindanao with Cotabato City, 2 North Cotabato, 2 Sultan Kudarat, 1 Iligan City, 1.

Any province that may hereafter be created or any component city that may hereafter be declared by or pursuant to law as a highly urbanized city, shall be entitled in the immediately following election to at least one Member or such number of Members as it may be entitled to on the basis of the number of its inhabitants and on the same uniform and progressive ratio used in the last preceding apportionment. The number of Members apportioned to the province out of which the new province was created or where the new highly urbanized city is geographically located shall be correspondingly adjusted by the Commission on Elections but such adjustment shall not be made within one hundred twenty days before the election.

3. The foregoing appointment shall be appended as an Ordinance to the Constitution. 4. The residence requirements in the political subdivision in which a Member of the Batasang Pambansa will be elected is reduced from one year to six months immediately preceding the day of the election. 5. Abolition of the Executive Committee and Creation of the Office of the Vice-President.

The Executive Committee provided in Section 3, Article IX of the Constitution is abolished.

The Office of the Vice-President is created. The Vice-President shall have the same qualifications and term of office and may be removed from office in the same manner as the President. He may be appointed as a member of the Cabinet and he may be nominated and elected as Prime Minister. He shall be elected with and in the same manner as the President. A vote for the President shall also be a vote for the Vice-President running under the same ticket of a political party, unless otherwise provided by law. The age qualification for President and Vice-President is reduced to 40 years old.

6. Presidential succession before the election of 1987

In case a vacancy in the Office of President occurs before the presidential election of 1987, the Speaker of the Batasang Pambansa shall act as President until a President and a Vice-President or either of them shall have been elected and shall have qualified.

The Batasang Pambansa shall, at ten o'clock in the morning of the third day after the vacancy occurs, convene in accordance with its Rules without need of a call and within seven days enact a law calling for a special election for President and Vice-President to be held not earlier than forty-five days and not later than sixty days from the time of such call. The convening of the Batasang Pambansa cannot be suspended nor the special election postponed. No special election shall be called if the vacancy occurs within seventy days before the date of the presidential election of 1987.

The tenure of office of the President and Vice-President elected in the special election shall commence at noon of the tenth day following their proclamation, and shall end at noon on the thirtieth day of June of the sixth year thereafter.

7. Limitations on the powers of the Speaker acting as President.

The Acting President may not declare martial law or suspend the privilege of the writ of habeas corpus without the prior consent of at least a majority of all the Members of the Batasang Pambansa.

He may not issue any decree, order or letter of instruction while the lawmaking power of the President is in force.

He shall be deemed automatically on leave and the Speaker Pro-Tempore shall act as Speaker. While acting as President, the Speaker may not be removed.

He shall not be eligible for election in the immediately succeeding election for President and Vice-President.

Appointments extended by the Acting President shall remain effective unless revoked by the newly elected President within ninety days from his assumption of office.

8. Presidential succession after the election of 1987

If at the time fixed for the beginning of his term, the President-elect shall have died, the Vice-President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President shall have failed to qualify, then the Vice-President shall act as President until a President shall have qualified.

In case of permanent disability, death, removal from office or resignation of the President, the Vice-President shall become the President to serve the unexpired term.

9. Statutory succession

The Batasang Pambansa shall by law provide who shall act as President or the manner in which one who is to act shall be elected if neither a President-elect nor a Vice-President-elect shall have been chosen nor shall have qualified, or both shall have, died at the time fixed for the beginning of their term.

The Batasang Pambansa shall by law provide for the death, pertinent disability or resignation of the Speaker at the time the vacancy in the Office of the President occurs or subsequently thereafter, declaring who shall serve as President until the President and the Vice-President shall have been elected and qualified, subject to the same restrictions of powers and disqualifications as the Speaker when acting as President.

10. Grant shall be an additional mode for the acquisition of lands belonging to the public domain and that the agrarian reform program may include the grant or distribution of alienable lands of the public domain to qualified tenants, farmers and other landless citizens.

Proclamation No. 3 Edit

Declaring a National Policy to Implement the Reforms Mandated by the People, Protecting their Basic Rights, Adopting a Provisional Constitution, and Providing for an Orderly Transition to a New Government Under a New Constitution

WHEREAS, the new government was installed through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces of the Philippines WHEREAS, the heroic action of the people was done in defiance of the provisions of the 1973 Constitution, as amended WHEREAS, the direct mandate of the people as manifested by their extraordinary action demands the complete reorganization of the government, restoration of democracy, protection of basic rights, rebuilding of confidence in the entire governmental system, eradication of graft and corruption, restoration of peace and order, maintenance of the supremacy of civilian authority over the military, and the transition to a government under a New Constitution in the shortest time possible WHEREAS, during the period of transition to a New Constitution it must be guaranteed that the government will respect basic human rights and fundamental freedoms WHEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the sovereign mandate of the people, do hereby promulgate the following Provisional Constitution:

Provisional Constitution of the Republic of the Philippines Edit

Article I: Adoption of Certain Provisions of the 1973 Constitution, as Amended Edit

Article II: The President, the Vice-President, and the Cabinet Edit

Article III: Government Reorganization Edit

Article IV: Existing Laws, Treaties, and Contracts Edit

Article V: Adoption of a New Constitution Edit

Article VI: Holding of Elections Edit

Article VII: Effective Date Edit

Final Paragraph Edit

This work is in the public domain because it is a work of the Philippine government (see Section 176 of Republic Act No. 8293).
All official Philippine texts of a legislative, administrative, or judicial nature, or any official translation thereof, are ineligible for copyright.


Article 3 of the United States Constitution is the section that creates the judicial branch in the United States. The Judicial branch is the system of courts that look at the law and applies it to different cases. In the United States, the judicial branch of the federal government includes the United States Supreme Court and all the lower courts that are created by Congress

Article 3 of the United States Constitution is broken down into just three sections. Each of these sections looks at different parts of the court system in the United States.

Section 1 of Article 3 of the Constitution

Section 1 of Article 3 of the Constitution creates the federal courts in the United States. In this part of Article 3, it says that the federal court system must have one Supreme Court. In this Supreme Court, there must be a Chief Justice who presides over the court. While Section 1 of Article 3 does not say how many justices there must be, the current law says that there must be nine justices, one of them being the Chief Justice.

Article 3 does not say there have to be any lower courts. Instead, Congress is given the power to create and remove lower courts. Section 1 of Article 3 also says that judges can hold their offices for the rest of their lives or until they are convicted or impeached by Congress. The last part of Section 1 of Article 3 says that a judge’s pay cannot be decreased while they are in office, but it can be increased.

Section 2 of Article 3 of the Constitution

Section 2 of Article 3 of the Constitution talks about the powers of the judicial branch and explains who gets each power. This describes which cases a court can preside over and what topics those cases can be about. Section 2 of Article 3 states that the Supreme Court has the right to hear any case for the first time, meaning that the Supreme Court has original jurisdiction. This section also says that crimes have to be tried by a jury unless the defendant does not want one.

Section 3 of Article 3 of the Constitution

Section 3 of Article 3 of the Constitution only talks about treason. This part of Article 3 says that treason is when someone tries to attack or wage war against the United States or if he or she tries to help enemies do so in some way. In order to prove that someone committed treason, there must be at least two different witnesses to the act, or the person must confess to treason.


Article III of 1987 Philippine Constitution

Below is a side-by-side presentation of Article Three (3) of the 1987 Philippine Constitution in the Filipino language and in English.

(1) Ang sino mang tao na sinisiyasat dahil sa paglabag ay dapat magkaroon ng karapatang mapatalastasan ng kaniyang karapatang magsawalang-kibo at magkaroon ng abogadong may sapat na kakayahan at malaya na lalong kanais-nais kung siya ang maypili. Kung hindi niya makakayanan ang paglilingkod ng abogado, kinakailangang pagkalooban siya ng isa. Hindi maiuurong ang mga karapatang ito maliban kung nakasulat at sa harap ng abogado.

(2) Hindi siya dapat gamitan ng labis na pagpapahirap, pwersa, dahas, pananakot, pagbabanta, o ano mang paraaan na pipinsala sa kanyang malayang pagpapasya. Ipinagbabawal ang mga lihim kulungan, solitaryo, ingkomunikado, o iba pang katulad ng anyo ng detensyon.

(3) Hindi dapat tanggaping ebidensya laban sa kanya ang ano mang pagtatapat o pag-amin na nakuha nang labag sa seksyong ito o sa seksyong labing-pito.

(1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law.


Constitution - Article 3, Section 1

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Here the Constitution creates only the Supreme Court, granting it all "the judicial power of the United States." Thus the Supreme Court is the head of the judicial branch, just as the president is the head of the executive branch. This clause also gives Congress the power to create "inferior courts"—that is, lower-level federal courts that can serve under the Supreme Court to help the Supremes work though the federal caseload. In practice, over 200+ years of American history, Congress has passed laws establishing a large federal judiciary, comprising nearly 100 federal district courts, a dozen circuit Courts of Appeals, and several other types of special courts. Federal judges are appointed for life terms, and are paid salaries that cannot be cut during the time they remain on the bench.


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