美国宪法修正案 AMENDMENT

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美国宪法及宪法修正案全文(中英文).

《美国宪法》（中英文）附宪法修正案2008/11/11 19:56 [未分类]美国宪法序言我们美利坚合众国的人民，为了组织一个更完善的联邦，树立正义，保障国内的安宁，建立共同的国防，增进全民福利和确保我们自己及我们後代能安享自由带来的幸福，乃为美利坚合众国制定和确立这一部宪法。

第一条第一款本宪法所规定的立法权，全属合众国的国会，国会由一个参议院和一个众议院组成。

第二款众议院应由各州人民每两年选举一次之议员组成，各州选举人应具有该州州议会中人数最多之一院的选举人所需之资格。

凡年龄未满二十五岁，或取得合众国公民资格未满七年，或於某州当选而并非该州居民者，均不得任众议员。

众议员人数及直接税税额，应按联邦所辖各州的人口数目比例分配，此项人口数目的计算法，应在全体自由人民－－包括订有契约的短期仆役，但不包括末被课税的印第安人－－数目之外，再加上所有其他人口之五分之三。

实际人口调查，应於合众国国会第一次会议後三年内举行，并於其後每十年举行一次，其调查方法另以法律规定之。

众议员的数目，不得超过每三万人口有众议员一人，但每州至少应有众议员一人 ; 在举行人囗调查以前，各州得按照下列数目选举众议员 : 新罕布什尔三人、麻萨诸塞八人、罗德岛及普罗维登斯垦殖区一人、康涅狄格五人、纽约州六人．新泽西四人、宾夕法尼亚八人、特拉华一人、马里兰六人、弗吉尼亚十人、北卡罗来纳五人、南卡罗来纳五人、乔治亚三人。

任何一州的众议员有缺额时，该州的行政长官应颁选举令，选出众议员以补充缺额。

众议院应选举该除议长及其他官员 ; 只有众议院具有提出弹劾案的权力。

第三款合众国的参议院由每州的州议会选举两名参议员组成之，参议员的任期为六年，每名参议员有一票表决权。

参议员於第一次选举後举行会议之时，应当立即尽量均等地分成三组。

第一组参议员的任期，到第二年年终时届满，第二组到第四年年终时届满，第三组到第六年年终时届满，俾使每两年有三分之一的参议员改选 ; 如果在某州州议会休会期间，有参议员因辞职或其它原因出缺，该州的行政长官得任命临时参议员，等到州议会下次集会时，再予选举补缺。

美国宪法修正案中英文对照版

美国宪法修正案Amendments to the Constitution修正案[一]国会不得制定关于下列事项的法律：确立国教或禁止信教自由，剥夺言论自由或出版自由；剥夺人民和平集会和向政府诉冤请愿的权利。

[1791年12月15日批准]Amendment[I]Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.修正案[二]管理良好的民兵是保障自由州的安全之所必需，此人民持有和携带武器的权利不得侵犯。

[1791年12月15日批准]Amendment[II]A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.修正案[三]士兵在和平时期，未经房主许可不得驻扎于任何民房；在战争时期，除依法律规定的方式外亦不得进驻民房。

[1791年12月15日批准]Amendment[III]No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.修正案[四]人民保护其人身、住房、文件和财物不受无理搜查扣押的权利不得侵犯；除非有合理的根据认为有罪，以宣誓或郑重声明保证，并详细开列应予搜查的地点、应予扣押的人或物，不得颁发搜查和扣押证。

美国宪法法规修正案中英文版

美国宪法修正案（中、英文版）修正案[一]国会不得制定关于下列事项的法律：确立国教或禁止信教自由，剥夺言论自由或出版自由；剥夺人民和平集会和向政府诉冤请愿的权利。

[1791年12月15日批准]修正案[二]管理良好的民兵是保障自由州的安全之所必需，此人民持有和携带武器的权利不得侵犯。

[1791年12月15日批准]修正案[三]士兵在和平时期，未经房主许可不得驻扎于任何民房；在战争时期，除依法律规定的方式外亦不得进驻民房。

[1791年12月15日批准]修正案[四]人民保护其人身、住房、文件和财物不受无理搜查扣押的权利不得侵犯；除非有合理的根据认为有罪，以宣誓或郑重声明保证，并详细开列应予搜查的地点、应予扣押的人或物，不得颁发搜查和扣押证。

[1791年12月15日批准]修正案[五]非经大陪审团提出报告或起诉，任何人不受死罪或其它重罪的惩罚，惟在战时国家危急时期发生在陆、海军中或正在服役的民兵中的案件不在此限。

任何人不得因同一犯罪行为而两次遭受生命或身体伤残的危害；不得在任何刑事案件中被迫自证其罪；未经正当法律程序，不得剥夺任何人的生命、自由或财产；非有恰当补偿，不得将私有[1791年12月15日批准]修正案[六]在一切刑事诉讼中，被告应享受下列权利：由犯罪行为发生地的州和地区的公正陪审团予以迅速和公开的审判，该地区应事先已由法律确定；获知控告的性质和原因；同原告证人对质；以强制程序取得有利于自己的证据；并取得律师帮助为其辩护。

[1791年12月15日批准]修正案[七]在习惯法诉讼中，争执价额超过20元，由陪审团审判的权利应予保护；案情事实经陪审团审定后，除非依照习惯法的规则，合众国的任何法院不得再行审理。

[1791年12月15日批准]修正案[八]不得索取过多的保释金，不得处以过重的罚金，或施加残酷的、非常的刑罚。

[1791年12月15日批准]修正案[九]本宪法对某些权利的列举不得被解释为否定或轻视由人民保有的其它权利。

美国宪法第五修正案英文ppt课件

If the police fail to give a suspect the Miranda warning, any information obtained during questioning or interrogation is inadmissible in trial. Or, if the police find evidence as a result of an interrogation which violates the Miranda rule, the evidence will be excluded.
• If you decide to answer questions now without an attorney present, you will still have the right to stop answering at any time until you talk to an attorney.
Exceptions Miranda warning
• If there is an immediate threat to public safety, brief questioning can place without advising a suspect of his/her rights.
• Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
Function Miranda warning
——fifth amendment to US constitution

以《第二十条》为素材的作文

以《第二十条》为素材的作文The 20th article, also known as the 20th Amendment, is a crucial part of the United States Constitution. 第二十条，也称为第二十修正案，是美国宪法的重要组成部分。

Enacted on January 23, 1933, this amendment addresses the issues of presidential and congressional terms and succession. 该修正案于1933年1月23日生效，主要涉及总统和国会议员的任期和继任问题。

First and foremost, the 20th Amendment sets the inauguration date for the president and vice president on January 20th, as opposed to the previous date of March 4th. 首先，第二十条修正案将总统和副总统的就职日期确定在1月20日，而不是之前的3月4日。

This change was crucial in ensuring a more efficient and timely transition of power, particularly in years when there was a change in leadership. 这一修改对于确保权力更有效地和及时地交接特别是在领导层变更的年份非常关键。

Furthermore, the 20th Amendment addresses the issue of congressional terms, specifying that the terms of senators and representatives end on January 3rd, and the new terms begin on January 3rd as well. 此外，第二十条修正案还解决了国会任期的问题，明确规定参议员和代表的任期在1月3日结束，并于同日开始新的任期。

美国宪法第十三条修正案

Thirteenth Amendment to the United States Constitution Historical reasonsIn August 1619, 20 blacks in a Dutch ship became the first ones to come to North America. These 20 black slaves exists in North America marks that slavery and racial issues have appeared in North America. The existence of slavery and racial issues had a significant impact on North America. Back in colonial America, influenced by objective geographical environment and economic development, 13 colonies all exist Negro slavery, however, the distribution is uneven, in the central and northern is less, the south part is more. Generally are large plantation slavery. The original distribution of slavery in the United States, has a far-reaching influence on the constitutional system after American independence. After American independence, some southern places retain slavery, such as South Carolina and Georgia, which were the famous Slavery continents in history, while the central and northern states were explicitly abolish slavery. At this point, there appeared the differentiation of territory slave states and free states, which planted the seeds of the outbreak of the American Civil War. Until the mid-19th century, the industry developed rapidly in America, gradually embarked on the road to industrialization. The main driving force came from the northeast and west. But a lot of free labor the north needed were detained in the plantations by the southern part; For the northern part, it needs the south to become its sales market for goods, while the southern slaves did’t have any purchasing power; the raw materials which the north needed were transported to southern Britain, France and other countries by the south. From a national perspective, at this point, the south showed a picture of depression in the industrial area, which developed slowly, even more appeared economic stagnation. Across the United States, during the rapid development of industrial society, it is clear that the southern economic form were a discordant note. In such historical conditions, wage labor and slavery seemed at peace on the surface, but existed irreconcilable contradictions and conflicts.System of slavery and the legacy of the toxin on the race relations in the United States, making millions of blacks who lived in the United States in the position of been enslaved and discriminated for a long time in the history. It is the existence of thousands kinds of evil of slavery, black slaves after suffering heavy. As the saying goes where there is oppression there is resistance. African-Americans conducted numerous indomitable heroic struggle to fight for equal social status in the history of the United States. On account of this historical reasons Thirteenth Amendment to the United States Constitution been conducted.Direct reasonAmerica achieved independence in 1783. Since then, its economic existence of two different regimes, namely the north of the capitalist economy and the south of the plantation slavery economy. The former is based on wage labor and the latter is based on slave labor. This difference makes them filled with disagreements and struggles in the tariff, the market, the development of western land and the federal government's personnel arrangements such important issues from the outset. Such differences and struggles can be ultimately attributed to the critical issue whether abolition slavery ornot.In the mid-19th century, the southern slave states and the northern free states reached a compromise in many times for their own interests. During this period reached a compromise solution by congress did not conformed to the trend of the development of American society. Then the federal government contributed to the practice of slavery, no matter from economic or moral level, both in the wrong path. With the antislavery Republicans Lincoln successfully elected as the President, in November 1860, in order to maintain the lifeblood of slavery, the southern states announced its withdrew from the U.S. federal government. And on April 15, 1861, they firstly attacked on Fort Sumter which controlled by federal. The northern republican President Lincoln to take immediate action to suppress the rebellion. It is the outbreak of the Civil War provided an opportunity for the abolition of slavery, so that people can really face the problem of slavery.At the beginning of the civil war, considering the highest goal of saving the federal system, the Lincoln administration didn't put forward the thought of eradicating the slavery and freeing the slaves. But, as the war grind on, the situation was getting worse and worse for the north. Although the federal army had a distinctly advantage in the aspect of human resources, material resources and financial resources. With the bad effect of lacking of military preparation, capable commander, and training, they were always defeated. The harsh reality made more and more people realize the abolition of slavery has the direct link with the federal prosperity. A war which required the government to free the slaves had swept the north. At that period,the Lincoln administration put forward the thought of freeing the slaves with payment gradually. After a year and a half of war, in the northern military progress was slow, people's enthusiasm to join the army had decreased and was lack of manpower seriously. Lincoln administration caught in an awkward position. If freed the slaves at this time, not only could boost morale, but also would attracted a large number of slaves joined the war. It could slove the problem of lack of manpower and collapsed the plantation economy which the southern based on to lanch the war. If the Lincoln administration did not destroyed the rule of slave owners, not freed the slaves, they could not made the war develop in a direction conducive to the federal army. In this case, Lincoln realized that the liberation of slavery is related to the North whether could win the war or not. Then he made a right decision to issued The Emancipation Proclamation. At the end of the civil war, in order to guarantee the fruits of victory, to certainty the liberation of the all blacks from a legal perspective. Lincoln prompted Congress finally to pass Thirteenth Amendment to the United States Constitution which abolished slavery in the United States.Contribution made by LincolnAbraham Lincoln, the 16th President of the United States. His presidential term almost always with the American civil war. Abraham Lincoln was sworn in on March 4, 1861, a month after the civil war broke out. On April 9, 1865, the civil war end. Five days after Lincoln was assassinated, died early the next morning. During his tenure he had tried his best efforts and taken most time on saving the union and restoring national unity and struggling for the abolition of slavery.Lincoln was born in a reclamation peasant family in Kentucky, underlying social life made him witness the miserable lives of slaves during his childhood, understand slavery’s barbaric and brutal. So when he was a teenager, he showed inner sympathy to niggers, and disgust slavery. After a trip to New Orleans, added to his resentment against slavery. He said that "I would like to take care of sawing wood a whole life, rather than auction slave"; "I would like to do all the farm work alone, rather than buy black children and rob them from their mother". Just because when he was young he was influenced by such an advanced anti-slavery thought, during the presidential inauguration day, Lincoln could commit to the abolition of slavery. During the Civil War he firmly advocated the abolition of slavery. In the morning of September 24, 1862, he Solemnly declared to the United States and around the world with a shake of the world's notice "Emancipation Proclamation". January 1, 1863, Lincoln signed the "final Emancipation Proclamation," which sounded the death knell of slavery on the continuation of American history for hundreds of years, this made a few million blacks out of oppression and servitude. February 1, 1865, Lincoln contributed to pass of the "Thirteenth Amendment to the Constitution", made up the biggest flaw of the "Declaration", made the local liberation measures in the past extended to nationwide, and fixed the terms in the "Declaration" with the legal form. This means that on the road to abolish slavery, liberate slave, Lincoln had taken the most solid pace. Ultimately, Lincoln sacrifice his own life for such a great and noble historical mission.Meaning of Thirteenth Amendment to the United States ConstitutionAfrican Americans are one of the most important minorities in America. In the four hundred years of their history, the civil rights of the African Americans have changed tremendously. From the early 16th century when the Spanish colonizers took African black slaves from African to the North American continent. As of the date arrived in the North American continent, blacks began a heroic struggle against slavery and oppression. What’s more i n the War of Independence, blacks fought bravely and they made a significant contribution to the independence of American. However the United States never treat black people on fair, they did not help them solve the problem of black slavery. Since then the abolition of slavery movement raised in the United States. The Civil war destroyed the slavery, maintained the unification of the country. Unfortunately, it did not complete liberation of black people. The bourgeoisie striving to promote racial segregation and discrimination policy the majority of blacks were deprived of the right to vote and the right to education.The promulgation of Thirteenth Amendment to the United States Constitution indicated that the centuries-old black slavery had been abolished from the fundamental law in the United States. From then on slavery was completely buried in the United States. On other words, from a legal perspective there were no slave on the territory of the United States, "the era black people were treated as property is gone". This is not only as a result of unremitting struggle by Lincoln and countless anti-slavery people, but also resulted from tens of thousands of black people who waged struggle with tears and blood in exchange for freedom and equality. Although nearly a next century black people continuously fight for all kinds of their rights,slavery never resurgence. On the other hand, Thirteenth Amendment to the United States Constitution also maintained the spirit of "Declaration of Independence" which advocated by "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness." on the height of the constitution. It has left a heavy sum in the history of the black civil rights movement in the United States, is a milestone. The fate of African Americans are being changing. At the same time, influence the development of American society.参考文献：[1]陈科峰．从林肯“葛底斯堡演说”看废奴思想 [J]．成都大学学报，2003，4[2]许秀珍，李红梅. 述论林肯废奴思想的形成 [J]．韶关学院学报，2008，1[3]李世安. 黑人运动与美国政治 [J]. 中国社会科学院研究生院学报，1995，3[4]艾克文. 从宪法角度看美国内战的爆发 [J]．武汉教育学院学报，1997，2[5]丁鹏. 美国第十三条宪法修正案生成的路径依赖分析* [J]．辽宁大学学报，2008，3[6]高德步. 世界经济通史(中卷,经济现代化进程) [M]. 北京:高等教育出版社, 2005[7]何顺果. 美国历史十五讲 [M]. 北京:北京大学出版社, 2007[8]李昌道. 美国宪法史稿 [M]. 北京:法律出版社, 1986[9][德]马克思. 北美内战 [A]. 马克思恩格斯全集(第15卷) [M]. 北京:人民出版社, 1965魏玲国际法C班201230910654。

美国宪法第二修正案

美国宪法第二修正案
美国宪法第二修正案（亦称“美国宪法在佩林条约（Pallein Treaty）之下的第二修
正案”）是美国宪法中一项赋予公民某些权利的修正案，包括保护公民携带、拥有和使用
枪支的权利。

该修正案由国会在1791年12月15日通过，于1791年12月15日正式施行。

美国宪法第二修正案同美国宪法第九修正案和第十修正案一同构成了美国宪法的“第
二修正条文”（Second Amendment）的思想。

美国宪法第二修正案的权利及其解释多次受到辩论和争议。

该修正案用一句话概括即“公民具有携带武器的权利”，大多数学者认为这意味着美国宪法在司法上给予了个人拥
有和使用武器的权利，这种权利会受到一些限制，但是不会被彻底否定。

究竟美国宪法第二修正案应如何解释？修正案本文几乎没有明确指出，美国最高法院
多次指出仅有“自由”与“佩林条约”两个用语，以及“武器”的提及，因此可以推测出
修正案的权利应该更加制衡，以促进个人和社会的公共利益，而不是一概进行放任。

另外，美国宪法第二修正案还避免了区分日常使用武器与军事武器的界限，同时也暗
示着宪法限制政府对自由及武器使用的规定（美国宪法第一修正案），这种约束有助于维
护个人和集体生活权利。

总而言之，美国宪法第二修正案以某种方式给了公民枪支权利，但这种权利是有限制的，仅限拥有的武器无损害社会信赖度，秩序井然的情况下使用，不允许用来使用暴力。

因此，有关宪法第二修正案的解释有必要根据不断发展的社会现实和宪法所确定的限制做
出调整，以准确实施该修正案。

修订法案

Amending the U.S. Constitution美国宪法修正案1.The U.S. Constitution, which was drafted in 1787 and adopted in 1788,is the oldest written constitution成文宪法still in effect.生效As the instrument of public authority公共机关政府当局in the United States, the Constitution spells out 讲清楚the general structure of the government system, authorizes批准授权给the government’s powers and specifies 指定restrictions on those powers. It also provides a means by which the system it establishes may be changed when the people decide that change is necessary – the process of constitutional 宪法的amendment.美国宪法在1787年被起草并与1788年被采用，它是世界第一部仍旧有效的成文宪法。

作为美国公共权威的工具，宪法规定了政治体系的基本结构，政府的权利和政府所2.To date迄今至今为止, that process has been used 26 times. The first10 amendments, called the Bill of Rights人权法案, were all adoptedin 1791. Several of the original states had demanded them as condition for ratification批准认可of the Constitution, and the amendments are considered almost an intrinsic本质的固有的part of the document.Only 16 other amendments have been ratified in the nearly 200 years since then.3.The small number of these changes is, at least in part, a testimony tothe wisdom of the framers制宪者of the Constitution. They created a document sound enough and broad enough to respond to most of the needs of the nation for the next 200 years. And because they intended the Constitution to form the foundation of the American governmental and legal system, they also made certain that changes could not be made too easily. As spelled out in the Constitution, therefore, amendment is a complex process, usually taking years to achieve.Most of the amendments that have been proposed since the Constitution was adopted—and they number in the thousands—have not progressed far down that tortuous曲折的弯曲的road.4.But the Constitution was meant to be a living document, changing asAmerica changed. For occasions when the American people perceive that change is called for, the Constitution provides two methods of proposing an amendment. One is by a vote of two-thirds of the members present in both houses of Congress: the other is by a convention summoned传唤召集by Congress at the request of the legislatures立法机关of the two-thirds of the states. Only the first of these methods has ever been used.5.After an amendment is proposed, it must then be approved, ratified, bythe states before it becomes part of the Constitution. Again, the Constitution provides two methods for ratification, and one has clearly predominated支配占主导地位. Nearly all of the amendments havebeen approved by a vote of three-fourths of the state legislatures. Only once has an amendment been approved by the other ratification process, namely, by vote of special conventions in three-fourths of the states. That was the 21st Amendment, which repealed废止取消nationwide prohibition of alcoholic beverages酒精饮料.6.One striking features of the Amendments that have been ratified, isthat the majority—18 out of 26 –are devoted to protecting or extending the rights of citizens. Most of the remaining amendments deal with the mechanics of government, either correcting flaws that became evident after the Constitution went into effect生效or changing some aspect of government to respond to响应changing perceptions of government’s role.。

美国宪法第14修正案

Fourteenth Amendment to the United States ConstitutionSection 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.。

美国宪法修正案中英文对照

美国宪法修正案中英文对照第一修正案 Amendment ICongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.国会不得制定有关下列事项的法律：确立一种宗教或禁止信仰自由；剥夺言论自由或出版自由；或剥夺人民和平集会及向政府要求申冤的权利。

第二修正案 Amendment IIA well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.组织良好的民兵队伍，对于一个自由国家的安全是必需的，人民拥有和携带武器的权利不可侵犯。

第三修正案 Amendment IIINo Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.未经房主同意，士兵平时不得驻扎在任何住宅；除依法律规定的方式，战时也不得驻扎。

第四修正案 Amendment IVThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.人民的人身、住宅、文件和财产不受无理搜查和扣押的权利，不得侵犯。

美国宪法修正案_中英文对照

中英文对第一修正案Amendment ICongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.国会不得制定有关下列事项的法律：确立一种宗教或禁止信仰自由；剥夺言论自由或出版自由；或剥夺人民和平集会及向政府要求申冤的权利。

第二修正案Amendment IIA well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.组织良好的民兵队伍，对于一个自由国家的安全是必需的，人民拥有和携带武器的权利不可侵犯。

第三修正案Amendment IIINo Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.未经房主同意，士兵平时不得驻扎在任何住宅；除依法律规定的方式，战时也不得驻扎。

第四修正案Amendment IVThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.人民的人身、住宅、文件和财产不受无理搜查和扣押的权利，不得侵犯。

美国宪法第14修正案

美国宪法_中英文对照版

中英文对照《美国宪法》(含修正案)美国宪法英文全文（含修正案）Constitution of the United States - PreambleConstitution of the United States - Article 1Constitution of the United States - Article 2Constitution of the United States - Article 3Constitution of the United States - Article 4Constitution of the United States - Article 5Constitution of the United States - Article 6Constitution of the United States - Article 7Constitution of the United States - Bill of Rights - The First Ten AmendmentsConstitution of the United States - Amendments 11 - 27PreambleConstitution of the United States : PreambleWe, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.Article IConstitution of the United States : Article ISection 1 Section 2 Section 3 Section 4 Section 5Section 6 Section 7 Section 8 Section 9 Section 10Section 1 - Legislative powers; in whom vestedAll legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.Section 2 - House of Representatives, how and by whom chosen Qualifications of a Representative. Representatives and direct taxes, how apportioned. Enumeration. Vacancies to be filled. Power of choosing officers, and of impeachment.1. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the elector in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature.2. No person shall be a Representative who shall not have attained the age of twenty-five years, and been seven years a Citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding 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 was superceded by Amendment XIV). The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.4. When vacancies happen in the representation from any State, the Executive Authority thereof shall issue writs of election to fill such vacancies.5. The House of Representatives shall choose their Speaker and other officers; and shall have the sole power of impeachment.Section 3 - Senators, how and by whom chosen. How classified. State Executive, when to make temporary appointments, in case, etc. Qualifications of a Senator. President of the Senate, his right to vote. President pro tem., and other officers of the Senate, how chosen. Power to try impeachments. When President is tried, Chief Justice to preside. Sentence.1. The Senate of the United States shall be composed of two Senators from each State, (chosen by the Legislature thereof,) (The preceding five words were superceded by Amendment XVII) for six years; and each Senator shall have one vote.2. Immediately after they shall be assembled in consequence of the first election, they shall bedivided 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 words in italics were superceded by Amendment XVII)3. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a Citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.4. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.5. The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of the President of the United States.6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside: and no person shall be convicted without the concurrence of two-thirds of the members present.7. Judgement 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, judgement and punishment, according to law.Section 4 - Times, etc., of holding elections, how prescribed. One session in each year.1. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December,(The words in italics were superceded by Amendment XX) unless they by law appoint a different day.Section 5 - Membership, Quorum, Adjournments, Rules, Power to punish or expel. Journal. Time of adjournments, how limited, etc.1. Each House shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, insuch manner, and under such penalties as each House may provide.2. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.3. Each House shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgement require secrecy; and the yeas and nays of the members of either House on any question shall, at the desire of one-fifth of those present, be entered on the journal.4. Neither House, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.Section 6 - Compensation, Privileges, Disqualification in certain cases.1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.2. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have 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 - House to originate all revenue bills. Veto. Bill may be passed by two-thirds of each House, notwithstanding, etc. Bill, not returned in ten days to become a law. Provisions as to orders, concurrent resolutions, etc.1. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.2. Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the president of the United States; if he approve, he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sundays excepted) after it shall have been presentedto him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.3. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the president of the United States; and before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be re-passed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill.Section 8 - Powers of CongressThe Congress shall have the power1. 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:2. To borrow money on the credit of the United States:3. To regulate commerce with foreign nations, and among the several states,and with the Indian tribes:4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States:5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures:6. To provide for the punishment of counterfeiting the securities and current coin of the United States:7. To establish post-offices and post-roads:8. To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries:9. To constitute tribunals inferior to the supreme court:10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations:11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water:12. To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years:13. To provide and maintain a navy:14. To make rules for the government and regulation of the land and naval forces:15. To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions:16. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress:17. To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of 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,18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.Section 9 - Provision as to migration or importation of certain persons. Habeas Corpus , Bills of attainder, etc. Taxes, how apportioned. No export duty. No commercial preference. Money, how drawn from Treasury, etc. No titular nobility. Officers not to receive presents, etc.1. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year 1808, but a tax or duty may be imposed on such importations, not exceeding 10 dollars for each person.2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.3. No bill of attainder or ex post facto law shall be passed.4. No capitation, or other direct tax shall be laid unless in proportion to the census or enumeration herein before directed to be taken. (Modified by Amendement XVI)5. No tax or duty shall be laid on articles exported from any state.6. No preference shall be given by any regulation of commerce or revenue to the ports of onestate over those of another: nor shall vessels bound to, or from one state, be obliged to enter, clear, or pay duties in another.7. No money shall be drawn from the treasury but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.8. No title of nobility shall be granted by the United States: And no person holding any office or 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 - States prohibited from the exercise of certain powers.1. 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.2. No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.3. 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 a war, unless actually invaded, or in such imminent danger as will not admit of delay.Article IIConstitution of the United States : Article IISection 1 Section 2 Section 3 Section 4Section 1- President: his term of office. Electors of President; number and how appointed. Electors to vote on same day. Qualification of President. On whom his duties devolve in case of his removal, death, etc. President's compensation. His oath of office.1. The Executive power shall be vested in a President of the United States of America. He shall hold office during the term of four years, and together with the Vice President, chosen for the same term, be elected as follows:2. Each State shall appoint, in such manner as the Legislature may direct, a number of electors,equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same State with themselves. And they shall make a list of all the persons voted for each; which list they shall sign and certify, and transmit sealed to the seat of Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President.(The clause in italics was superceded by Amendment XII)3. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.4. No person except a natural born Citizen, or a Citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.5 . In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected. (This clause has been modified by Amendment XX and Amendment XXV)6. The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.7. Before he enter on the execution of his office, he shall take the following oath or affirmation:'I do solemnly swear (or affirm) that I will faithfully execute the office of the President of theUnited States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.'Section 2 - President to be Commander-in-Chief. He may require opinions of cabinet officers, etc., may pardon. Treaty-making power. Nomination of certain officers. When President may fill vacancies.1. The President shall be Commander-in-Chief of the Army and Navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.3. The President shall have the 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 - President shall communicate to Congress. He may convene and adjourn Congress, in case of disagreement, etc. Shall receive ambassadors, execute laws, and commission officers.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 may 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.4 - All civil offices forfeited for certain crimes.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 IIIConstitution of the United States : Article IIISection 1 Section 2 Section 3Section 1- Judicial powers. Tenure. Compensation.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.Section 2 - Judicial power; to what cases it extends. Original jurisdiction of Supreme Court Appellate. Trial by Jury, etc. Trial, where1. 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 modified by Amendment XI)2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all the other cases before-mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.3. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.Section 3 - Treason defined. Proof of. Punishment of.1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.Article IVConstitution of the United States : Article IVSection 1 Section 2 Section 3 Section 4Section 1 - Each State to give credit to the public acts, etc. of every other State.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 - Privileges of Citizens of each State. Fugitives from Justice to be delivered up. Persons held to service having escaped, to be delivered up.1. The Citizens of each state shall be entitled to all privileges and immunities of Citizens in the several states.2. A person charged in any state with treason, felony, or other crime, who shall flee 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.3. 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 superceded by Amendment XIII)Section 3 - Admission of new States. Power of Congress over territory and other property.1. New states may be admitted by the Congress into this union; but no new state shall be formed or erected within the jurisdiction of any other state, nor any state be formed by the junction of two or more states, without the consent of the legislatures of the states concerned, as well as of the Congress.2. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.Section 4 - Republican form of government guaranteed. Each State to be protected.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.。

美国加州宪法修正案 (五) 与“平权法案”-比较法论文-法学论文

美国加州宪法修正案(五) 与“平权法案”-比较法论文-法学论文——文章均为WORD文档，下载后可直接编辑使用亦可打印——摘要：美国加州宪法修正案(五) 即SCA5风波, 实际是有关加州大学入学标准是否加入种族考量的又一次拉锯, 是有关教育平权系列司法判例的最新案例。

该风波和Fisher案一样, 都是对教育公平政策在新的社会环境下的摇摆和争执。

华裔普遍重视子女教育, 且华裔子女普遍读书成绩优秀, 以配额或者加分为手段、以照顾少数族裔升学为目标的平权法案恰恰限制了华裔子女进入一流大学就读, 对华裔构成逆向歧视。

美国加州宪法修正案(五) 所显现的教育公平问题, 是全球性的复杂话题, 是程序正义与补偿正义的再次博弈。

只有下好起手棋, 不断消除影响教育公平的因素, 才能促进教育向地区公平良性发展。

关键词：美国; 加州宪法修正案(五) ; Fisher案; 教育公平;Abstract：California constitutional amendment 5, namely SCA5 storm, is actually another seesaw battle about whether theadmission standard of the universities of California should take into account race. It is the latest case of education series of equal rights in judicial cases. Both SCA5 storm and Fisher case, are the swing and disputes of the education fair policy under the new social environment. The Chinese-Americans usually attach importance to children education, and their children can get outstanding achievement. TheAffirmative action which takes care of ethnic studies by means of quota or bonus points as the goal, restricts the children of Chinese-Americans from attending first-class universities, and becomes anti-discrimination against Chinese-Americans. Education fairness, as shown in SCA5, California, USA, is a global complex topic and a game between procedural justice and compensatory justice. It is necessary to constantly eliminate the factors affecting education fairness and promote the benign development of education to regional fairness by playing the upper-hand move well.Keyword：USA; SCA5; Fisher Case; Education Fairness;美国加州参议院提出的加州宪法修正案(五) 即SCA5, SCA是Senate Constitutional Amendment的缩写。

美国宪法修正案

第一条 Amendment ICongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.译文：国会不得制定关于下列事项的法律：确立国教或禁止信教自由；剥夺言论自由或出版自由；或剥夺人民和平集会和向政府请愿伸冤的权利。

第二条 Amendment IIA well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.译文：纪律严明的民兵是保障自由州的安全所必需的，人民持有和携带武器的权利不可侵犯。

第三条 Amendment IIINo Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.译文：未经房主同意，士兵平时不得驻扎在任何住宅；除依法律规定的方式，战时也不得驻扎。

第四条 Amendment IVThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.译文：人民的人身、住宅、文件和财产不受无理搜查和扣押的权利，不得侵犯。

04美国宪法修正案(第十一至第二十七条)

The Constitution of the United States Amendments 11-27The Constitution: Amendments 11-27Constitutional Amendments 1-10 make up what is known as The Bill of Rights. Amendments 11-27 are listed below.AMENDMENT XIPassed by Congress March 4, 1794. Ratified February 7, 1795.Note: Article III, section 2, of the Constitution was modified by amendment 11.The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.AMENDMENT XIIPassed by Congress December 9, 1803. Ratified June 15, 1804.Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment.The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for asVice-President, and of the number of votes for each, which lists 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 for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. --]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.*Superseded by section 3 of the 20th amendment.AMENDMENT XIIIPassed by Congress January 31, 1865. Ratified December 6, 1865.Note: A portion of Article IV, section 2, of the Constitution was superseded by the13th amendment.Section 1.Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.Section 2.Congress shall have power to enforce this article by appropriate legislation.AMENDMENT XIVPassed by Congress June 13, 1866. Ratified July 9, 1868.Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.Section 1.All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.Section 2.Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.Section 3.No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.Section 4.The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.Section 5.The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.*Changed by section 1 of the 26th amendment.AMENDMENT XVPassed by Congress February 26, 1869. Ratified February 3, 1870.Section 1.The right of citizens of the United States to vote shall not be denied or abridged by theUnited States or by any State on account of race, color, or previous condition ofservitude--Section 2.The Congress shall have the power to enforce this article by appropriate legislation.AMENDMENT XVIPassed by Congress July 2, 1909. Ratified February 3, 1913.Note: Article I, section 9, of the Constitution was modified by amendment 16.The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.AMENDMENT XVIIPassed by Congress May 13, 1912. Ratified April 8, 1913.Note: Article I, section 3, of the Constitution was modified by the 17th amendment.The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution. AMENDMENT XVIIIPassed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.Section 1.After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.Section 2.The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.Section 3.This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.AMENDMENT XIXPassed by Congress June 4, 1919. Ratified August 18, 1920.The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.Congress shall have power to enforce this article by appropriate legislation.AMENDMENT XXPassed by Congress March 2, 1932. Ratified January 23, 1933.Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.Section 1.The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.Section 2.The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.Section 3.If, at the time fixed for the beginning of the term of the President, 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 elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.Section 4.The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them. Section 5.Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.Section 6.This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.AMENDMENT XXIPassed by Congress February 20, 1933. Ratified December 5, 1933.Section 1.The eighteenth article of amendment to the Constitution of the United States is hereby repealed.Section 2.The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.Section 3.This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.AMENDMENT XXIIPassed by Congress March 21, 1947. Ratified February 27, 1951.Section 1.No person shall be elected to the office of the President more than twice, and noperson who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.Section 2.This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.AMENDMENT XXIIIPassed by Congress June 16, 1960. Ratified March 29, 1961.Section 1.The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct:A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.Section 2.The Congress shall have power to enforce this article by appropriate legislation. AMENDMENT XXIV Passed by Congress August 27, 1962. Ratified January 23, 1964.Section 1.The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.Section 2.The Congress shall have power to enforce this article by appropriate legislation.AMENDMENT XXVPassed by Congress July 6, 1965. Ratified February 10, 1967.Note: Article II, section 1, of the Constitution was affected by the 25th amendment.Section 1.In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.Section 2.Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.Section 3.Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.Section 4.Whenever the Vice President and a majority of either the principal officers of theexecutive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines bytwo-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.AMENDMENT XXVIPassed by Congress March 23, 1971. Ratified July 1, 1971.Note: Amendment 14, section 2, of the Constitution was modified by section 1 of the 26th amendment.Section 1.The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. Section 2.The Congress shall have power to enforce this article by appropriate legislation.AMENDMENT XXVIIOriginally proposed Sept. 25, 1789. Ratified May 7, 1992.No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.国会不得通过立法确立宗教或禁止自由行使宗教权利。

美国宪法修正案中英文对照版

权利法案1791

权利法案（美国）（中英文）东方法眼按：1787年在费城起草的宪法，在各州审议批准的过程中，也有不少美国公民感到不安，因为宪法中并没有明确保障个人的权利。

因此，《宪法》补充了10条修正案，统一称为《权利法案》，英文叫The Bill of Rights。

由于补充了《权利法案》，《宪法》在13个州均获批准，并于1791年生效。

第一条Amendment ICongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.译文：国会不得制定关于下列事项的法律：确立国教或禁止信教自由；剥夺言论自由或出版自由；或剥夺人民和平集会和向政府请愿伸冤的权利。

第二条Amendment IIA well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.译文：纪律严明的民兵是保障自由州的安全所必需的，人民持有和携带武器的权利不可侵犯。

第三条Amendment IIINo Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.译文：未经房主同意，士兵平时不得驻扎在任何住宅；除依法律规定的方式，战时也不得驻扎。

美国宪法制度

美国宪法制度美国宪法制度是美国政治体系的基石，是美国国家运行的法律框架。

它由七篇条款组成，包括 preamble（序言）、articles I-VII（第一至第七条）以及十个修正案（amendments）。

美国宪法的起草是为了确保国家政权不会集权，以保护公民的自由和权利。

通过制定一套权力分立的机制，宪法确保了行政、立法和司法都能相互制衡，以避免某一权力机构滥用权力。

首先，宪法规定了三个独立的政府分支。

行政权由总统负责，立法权由国会（包括参议院和众议院）负责，司法权由最高法院和辖下各级法院负责。

这种权力分立确保了各分支机构的独立性和互相制约，避免了专制和权力集中。

其次，宪法确立了个人权利的保护。

美国宪法第一修正案规定了包括言论自由、宗教自由、新闻自由等在内的基本权利。

这些权利保障了公民的言论自由和信仰自由，以及媒体与政府之间的独立。

另外，宪法还确立了一些制度和程序来保护所有公民的权利。

例如，第四修正案规定了禁止非法搜查和扣押，保护了个人的隐私权。

第五修正案规定了公民在刑事案件中的权利，包括不受自证其罪和双重惩罚等。

此外，宪法还规定了选举制度和政府职权。

宪法规定了总统的选举方式、任期和职权，确保了总统的权力和责任的平衡。

它还规定了国会的职权范围和程序，确保了国会对法律立法的权威性。

最后，宪法还规定了宪法修正的程序。

为了保持宪法与时俱进，美国宪法设立了修正案的机制。

修正案必须由国会以及三分之二以上的州立法机构批准才生效，确保了修正案的权威性和民主性。

总之，美国宪法制度是一部保护公民权利和确保政府权力分立的重要法律，为美国政治体系提供了基本框架。

宪法制度的成功使美国成为一个自由民主的国家，并为其他国家提供了一个有益的参考。

在不断变化的世界中，宪法制度的保持和完善仍然是美国的挑战和使命。

平等权利法案

美国《人权法案》原文和译文［陈有西按］1791年12月15日，美国宪法第一至第十条修正案获得通过，即《权利法案》，又译《人权法案》。

在宪法中增加了信仰自由、出版自由、陪审制度等人权条款，以保证“生命权、自由权和追求幸福之权”（独立宣言）。

美国媒体所享有的一切自由都源于此，几乎成为美国媒体及个人言论自由的护身符，不可动摇。

美国《权利法案》，又译《人权法案》（英文：United States Bill of Rights）指的是美国宪法中第一至第十条宪法修正案。

《权利法案》的第一条，即美国宪法第一修正案对美国影响巨大。

美国媒体所享有的一切自由都源于此，在美国，凡是涉及言论、新闻、出版等诉讼，往往都会搬出此，它几乎成为美国媒体或个人言论自由的护身符，不可动摇。

以至于美国人把它颂扬为“美国生活方式”的主要内容。

权利法案原文及译文：第一条Amendment ICongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.译文：国会不得制定关于下列事项的法律：确立国教或禁止信教自由；剥夺言论自由或出版自由；或剥夺人民和平集会和向政府请愿伸冤的权利。

第二条Amendment IIA well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.译文：纪律严明的民兵是保障自由州的安全所必需的，人民持有和携带武器的权利不可侵犯。

美国宪法修正案 AMENDMENT

美国宪法及宪法修正案全文(中英文).

美国宪法修正案 中英文对照版

美国宪法法规修正案中英文版

美国宪法第五修正案英文ppt课件

以《第二十条》为素材的作文

美国宪法第十三条修正案

美国宪法第二修正案

修订法案

美国宪法第14修正案

美国宪法修正案中英文对照

美国宪法修正案_中英文对照

美国宪法第14修正案

美国宪法_中英文对照版

美国加州宪法修正案 (五) 与“平权法案”-比较法论文-法学论文

美国宪法修正案

04美国宪法修正案(第十一至第二十七条)

美国宪法修正案中英文对照版

权利法案1791

美国宪法制度

平等权利法案

美国宪法修正案中英文对照版