美国宪法:抄本(1)
The Constitution of the United States: A Transcription(1)
1462字
2019-08-08 09:57
128阅读
火星译客

Note: The following text is a transcription of the Constitution as it was inscribed by Jacob Shallus on parchment (the document on display in the Rotunda at the National Archives Museum.) The spelling and punctuation reflect the original.

注:下述内容是该宪法的抄本,因原本被雅各布·萨卢斯(Jacob Shallus)题写在羊皮纸上(该文本目前展览在国家档案馆圆形大厅。)拼写与标点反映了原版内容。

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.

我们美利坚合众国的人民,为组建一个更完善的联邦,树立公正,保障国内安宁,建立共同防务,增进全民福利,确保我们自己及我们的后代能安享自由之福祉,特为美利坚合众国制定并确立本宪法。

Article I

第一条

Section 1

第一款

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.

本宪法所规定的立法权皆归属于合众国的国会,国会由一个参议院和一个众议院组成。

Section 2

第二款

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.

众议院应由各州人民每两年选举一次的议员组成,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必需之资格。

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.

未满二十五岁者、及取得美国公民身份未满七年者、在某州当选而非该州居民者均不得担任众议员。

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.

众议员人数与直接税税额,应按联邦所辖的各州人口数量的比例分配。各州人口数量的算法是:全体自由人的总数(包括订有契约的短期仆役,但不包括未被课税的印第安人)加上所有其他人口数量的五分之三。实际人口调查应于合众国第一次国会会议后三年内举行并于其后每十年举行一次,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,各州可按照下列数目选举众议员,新罕布什尔三人、马萨诸塞八人、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。

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

当各州众议员出现空缺时,各州的行政长官应签发选举令以填充空缺。

The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

众议院应选出议长与其它官员;仅众议院享有提出弹劾案的权力。

Section 3

第三款

The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote.

合众国的参议院由各州议会选举的两名参议员组成,任期6年,每名参议员享有一票表决权。

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.

参议员于第一次选举后举行会议之时,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,因此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现空缺,该州的行政长官可任命临时参议员,等到州议会下次举行会议时,再予选举补缺。

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.

凡年龄未满三十岁者、成为美国公民未满九年者、于某州当选而非该州居民者,均不得任参议员。

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

合众国副总统应为参议院议长,除投票票数相等外,议长无表决权。

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.

参议院选举该院的其它官员,在副总统缺席或副总统履行合众国总统职务时,还应选举临时议长。

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.

仅参议院有权力审理所有弹劾案,当审理弹劾案时,须宣誓或誓愿。如合众国总统受审,应由最高法院首席大法官担任主席:未经出席参议员的三分之二的同意,任何人不得被判有罪。

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.

弹劾案的判决, 不得超过免职及取消其担任合众国政府任何有荣誉、有责任或有俸禄的职位之资格的范围,但被判处者仍须服从另据法律所作的控诉、审讯、判决及惩罚。

Section 4

第四款

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.

各州的州议会应规定本州参议员和众议员选举的时间、地点和方式, 但国会可随时以法律制定或此类规定, 但选举参议员的地点除外。

举行选举参议员与众议员的时间、地点、程序应由各州议会规定,但除选举参议员的地点外,国会可随时制定法律确定或更改此类法规。

The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

国会每年应至少举行一次会议。除法律另指定开会日期外,该会议应在十二月的第一个星期一召开。

Section 5

第五款

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.

参众两院应各自审查本院的选举、选举结果报告和本院议员的资格,每院议员过半数即构成可以议事的法定人数,不足法定人数时,可以一天推一天地延期开会,并有权依照各该议院所规定的程序和罚则,强迫缺席的议员出席。

Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

参众两院可各自决定本院的议事规则,惩罚扰乱秩序的议员,并经三分之二议员的同意,可开除本院的议员。

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.

参众两院应各自保存议事记录,除各院认定须保密的部分外,并经常予以公布;就任何问题,参众两院议员对于每一问题的赞成和反对,如五分之一的出席议员请求,则应记载于议事记录内。

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.

在国会开会期间,未经另一院同意,任一院不得休会三日以上,亦不得迁往参众两院开会地点之外的其他地点。

Section 6

第六款

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.

参议员与众议员应就其服务获得薪酬,薪酬的多寡由法律规定,并由合众国国库支付。在其出席所在院会议期间及其往返所在院的途中,享有免受逮捕之特权,但叛国罪、重罪及扰乱治安罪除外;两院议员在议院内发表的演说与辩论,在其他场合不受质询。

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.

在当选任职期间,参众两院的议员不得担任合众国政府的任何新设公职,在该期间亦不得支取因担任新职而增加的薪俸。在合众国政府内任职之人亦不得在任期内担任参众两院任一院的议员。

Section 7

第七款

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.

所有征税法案应在众议院提出;但参议院可以处理其他法案的方式,以修正案提出建议或表示同意。

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.

经众议院和参议院通过的法案,在正式成为法律之前,须呈送合众国总统;总统如批准,便须签署,如不批准,即应连同他的异议把它退还给原来提出该案的议院,该议院应将异议详细记入议事记录,然后进行复议。倘若在复议之后,该议院议员的三分之二仍然同意通过该法案,该院即应将该法案连同异议书送交另一院,由其同样予以复议,若此另一院亦以三分之二的多数通过,该法案即成为法律。但遇有这样的情形时,两院的表决均应以赞同或反对来定,而赞同和反对该法案的议员的姓名,均应由两院分别记载于各该院的议事记录之内 . 如总统接到法案后十日之内 (星期日除外) ,不将之退还,该法案即等同于曾由总统签署一样,成为法律,除非当国会休会因而无法将该法案退还时,该法案才不得成为法律。

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.

任何命令、决议或表决 (有关休会问题者除外) ,凡须由参议院及众议院予以一致同意者,均应呈送合众国总统;经其此准之后,方始生效,如总统不予批准,则参众两院可依照对于通过法案所规定的各种规则和限制,各以三分之二的多数,再行通过。

0 条评论
评论不能为空