THE ARTICLES OF CONFEDERATION:
To all to whom these Presents shall come, we
the undersigned
Delegates of the States affixed to our Names send greeting.
Articles of Confederation and perpetual Union between the states of New Hampshire, Massachusetts-bay Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia.
I. The Stile of this Confederacy shall be "The United States of America".
II. Each state retains its sovereignty,
freedom, and independence, and every power, jurisdiction, and
right, which is not by this Confederation expressly delegated
to the United States, in Congress assembled.
III. The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever.
IV. The better to secure and perpetuate mutual
friendship and intercourse among the people of the different
States in this Union, the free inhabitants of each of these
States, paupers, vagabonds, and fugitives from justice excepted,
shall be entitled to all privileges and immunities of free
citizens in the several States; and the people of each State
shall free ingress and regress to and from any other State, and
shall enjoy therein all the privileges of trade and commerce,
subject to the same duties, impositions, and restrictions as the
inhabitants thereof respectively, provided that such
restrictions shall not extend so far as to prevent the removal
of property imported into any State, to any other State, of
which the owner is an inhabitant; provided also that no
imposition, duties or restriction shall be laid by any State, on
the property of the United States, or either of them.
If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall, upon demand of the Governor or executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offense.
Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings of the courts and magistrates of every other State.
V. For the most convenient management of the
general interests of the United States, delegates shall be
annually appointed in such manner as the legislatures of each
State
shall direct, to meet in Congress on the first Monday in
November, in every year, with a powerreserved to each State to
recall its delegates, or any of them, at any time within
the year, and to send others in their stead for the remainder of
the year.
No State shall be represented in Congress by
less than two, nor more than seven members; and no person shall
be capable of being a delegate for more than three years in any
term of six years; nor shall any person, being a delegate, be
capable of holding any office under the United States, for which
he, or another for his benefit, receives any
salary, fees or emolument of any kind.
Each State shall maintain its own delegates in a meeting of the States, and while they act as members of the committee of the States.
In determining questions in the United States in Congress assembled, each State shall have one vote.
Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress, and the members of Congress shall be protected in their persons from arrests or imprisonments, during the time of their going to and from, and attendence on Congress, except for treason, felony, or breach of the peace.
VI. No State, without the consent of the United
States in Congress assembled, shall send any embassy to, or
receive any embassy from, or enter into any conference,
agreement,
alliance or treaty with any King, Prince or State; nor shall any
person holding any office of profit or trust under the United
States, or any of them, accept any present, emolument,
office or title of any kind whatever from any King, Prince or
foreign State; nor shall the United States in Congress
assembled, or any of them, grant any title of nobility.
No two or more States shall enter into any
treaty, confederation or alliance whatever between them, without
the consent of the United States in Congress assembled,
specifying accurately the purposes for which the same is to be
entered into, and how long it shall continue.
No State shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the United States in Congress assembled, with any King, Prince or State, in pursuance of any treaties already proposed by Congress, to the courts of France and Spain.
No vessel of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defense of such State, or its trade; nor shall any body of forces be kept up by any State in time of peace, except such number only, as in the judgement of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defense of such State; but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of filed pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
No State shall engage in any war without the
consent of the United States in Congress assembled, unless such
State be actually invaded by enemies, or shall have received
certain advice of a resolution being formed by some nation of
Indians to invade such State, and the danger is so imminent as
not to admit of a delay till the United States in Congress
assembled can be consulted; nor shall any State grant
commissions to any
ships or vessels of war, nor letters of marque or reprisal,
except it be after a declaration of war by the United States in
Congress assembled, and then only against the Kingdom or
State and the subjects thereof, against which war has been so
declared, and under such regulations as shall be established by
the United States in Congress assembled, unless such State be
infested by pirates, in which case vessels of war may be fitted
out for that occasion, and kept so long as the danger shall
continue, or until the United States in Congress assembled shall
determine otherwise.
VII. When land forces are raised by any State
for the common defense, all officers of or under the rank of
colonel, shall be appointed by the legislature of each State
respectively,
by whom such forces shall be raised, or in such manner as such
State shall direct, and all vacancies shall be filled up by the
State which first made the appointment.
VIII. All charges of war, and all other
expenses that shall be incurred for the common defense or
general welfare, and allowed by the United States in Congress
assembled, shall be defrayed out of a common treasury, which
shall be supplied by the several States in proportion to the
value of all land within each State, granted or surveyed for any
person, as such land and the buildings and improvements thereon
shall be estimated
according to such mode as the United States in Congress
assembled, shall from time to time direct and appoint.
The taxes for paying that proportion shall be
laid and levied by the authority and direction of the
legislatures of the several States within the time agreed upon
by the
United States in Congress assembled.
IX. The United States in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article -- of sending and receiving ambassadors -- entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever -- of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated -- of granting letters of marque and reprisal in times of peace -- appointing courts for the trial of piracies and felonies commited on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said courts.
The United States in Congress assembled shall
also be the last resort on appeal in all disputes and
differences now subsisting or that hereafter may arise between
two or more States concerning boundary, jurisdiction or any
other causes whatever; which authority shall always be exercised
in the manner following.
Whenever the legislative or executive authority or lawful agent
of any State in controversy with another shall present a
petition to Congress stating the matter in question and praying
for a hearing, notice thereof shall be given by order of
Congress to the legislative or executive authority of the other
State in controversy, and a day assigned for the appearance of
the parties by their lawful agents, who shall then be directed
to appoint by joint consent, commissioners or judges to
constitute a court for hearing and determining the matter in
question: but if they cannot agree, Congress shall name three
persons out of each of the United States, and from the list of
such persons each party shall alternately strike out one, the
petitioners beginning, until the number shall be reduced to
thirteen; and from that number not less than seven, nor more
than nine names as Congress shall direct, shall in the presence
of Congress be drawn out by lot, and the persons
whose names shall be so drawn or any five of them, shall be
commissioners or judges, to hear and finally determine the
controversy, so always as a major part of the judges who shall
hear the cause shall agree in the determination: and if either
party shall neglect to attend at the day appointed, without
showing reasons, which Congress shall judge sufficient, or being
present shall refuse to strike, the Congress shall proceed to
nominate three persons out of each State, and the secretary of
Congress shall strike in behalf of such party absent or
refusing; and the judgement and sentence of the court to be
appointed, in the manner before prescribed, shall be final and
conclusive; and if any of the parties shall refuse to submit to
the authority of such court, or to appear or defend their claim
or cause, the court shall nevertheless proceed to pronounce
sentence, or judgement, which shall in like manner be final and
decisive, the judgement or sentence and other proceedings being
in either case transmitted to Congress, and lodged among
the acts of Congress for the security of the parties concerned:
provided that every commissioner, before he sits in judgement,
shall take an oath to be administered
by one of the judges of the supreme or superior court of the
State, where the cause shall be tried, 'well and truly to hear
and determine the matter in question, according to
the best of his judgement, without favor, affection or hope of
reward': provided also, that no State shall be deprived of
territory for the benefit of the United States.
All controversies concerning the private right
of soil claimed under different grants of two or more States,
whose jurisdictions as they may respect such lands, and the
States
which passed such grants are adjusted, the said grants or either
of them being at the same time claimed to have originated
antecedent to such settlement of jurisdiction, shall on the
petition of either party to the Congress of the United States,
be finally determined as near as may be in the same manner as is
before presecribed for deciding disputes respecting territorial
jurisdiction between different States.
The United States in Congress assembled shall
also have the sole and exclusive right and power of regulating
the alloy and value of coin struck by their own authority, or by
that of the respective States -- fixing the standards of weights
and measures throughout the United States -- regulating the
trade and managing all affairs with the Indians, not members of
any of the States, provided that the legislative right of any
State within its own limits be not infringed or violated --
establishing or regulating post offices from one State to
another, throughout all the United States, and exacting such
postage on the papers passing through the same as may be
requisite to defray the expenses of the said office --
appointing all officers of the land forces, in the service of
the United States, excepting regimental officers -- appointing
all the officers of the naval forces, and commissioning all
officers whatever in the service of the United States -- making
rules for the government and regulation of the said land and
naval forces, and directing
their operations.
The United States in Congress assembled shall
have authority to appoint a committee, to sit in the recess of
Congress, to be denominated 'A Committee of the States', and to
consist of one delegate from each State; and to appoint such
other committees and civil officers as may be necessary for
managing the general affairs of the United States under their
direction -- to appoint one of their members to preside,
provided that no person be allowed to serve in the office of
president more than one year in any term of three years; to
ascertain the necessary sums of money to be raised for the
service of the United States,
and to appropriate and apply the same for defraying the public
expenses -- to borrow money, or emit bills on the credit of the
United States, transmitting every half-year to the respective
States an account of the sums of money so borrowed or emitted --
to build and equip a navy -- to agree upon the number of land
forces, and to make requisitions from each State for its quota,
in proportion to the number of white inhabitants in such State;
which requisition shall be binding, and thereupon the
legislature of each State shall appoint the regimental officers,
raise the men and cloath, arm and equip them in a solid-like
manner, at the expense of the United States; and the officers
and men so cloathed, armed and equipped shall march to the place
appointed, and within the time agreed on by the United States in
Congress assembled. But if the United States in Congress
assembled shall, on consideration of circumstances judge proper
that any State should not raise men, or should raise a smaller
number of men than the quota thereof, such extra number shall be
raised, officered, cloathed, armed and equipped in the same
manner as the quota of each State, unless the legislature of
such State shall judge that such extra number cannot be safely
spread out in the same, in which case they shall raise, officer,
cloath, arm and equip as many of such extra number as they judeg
can be safely spared. And the officers and men so cloathed,
armed, and equipped, shall march to the place appointed, and
within the time agreed on by the United States in Congress
assembled.
The United States in Congress assembled shall
never engage in a war, nor grant letters of marque or reprisal
in time of peace, nor enter into any treaties or alliances, nor
coin
money, nor regulate the value thereof, nor ascertain the sums
and expenses necessary
for the defense and welfare of the United States, or any of
them, nor emit bills, nor borrow money on the credit of the
United States, nor appropriate money, nor agree upon the number
of vessels of war, to be built or purchased, or the number of
land or sea forces to be raised, nor appoint a commander in
chief of the army or navy, unless nine States assent to the
same: nor shall a question on any other point, except for
adjourning from
day to day be determined, unless by the votes of the majority of
the United States in Congress assembled.
The Congress of the United States shall have
power to adjourn to any time within the year, and to any place
within the United States, so that no period of adjournment be
for a longer duration than the space of six months, and shall
publish the journal of their proceedings monthly, except such
parts thereof relating to treaties, alliances or military
operations, as in their judgement require secrecy; and the yeas
and nays of the delegates of each State on any question shall be
entered on the journal, when it is desired by any delegates of a
State, or any of them, at his or their request shall be
furnished with a
transcript of the said journal, except such parts as are above
excepted, to lay before the legislatures of the several States.
X. The Committee of the States, or any nine of
them, shall be authorized to execute, in the recess of Congress,
such of the powers of Congress as the United States in Congress
assembled, by the consent of the nine States, shall from time to
time think expedient to vest them with; provided that no power
be delegated to the said Committee, for the exercise of which,
by the Articles of Confederation, the voice of nine States in
the Congress of the United States assembled be requisite.
XI. Canada acceding to this confederation, and adjoining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this Union; but no other colony shall be admitted into the same, unless such admission be agreed to by nine States.
XII. All bills of credit emitted, monies borrowed, and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith are hereby solemnly pleged.
XIII. Every State shall abide by the determination of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
And Whereas it hath pleased the Great Governor
of the World to incline the hearts of the legislatures we
respectively represent in Congress, to approve of, and to
authorize us to ratify the said Articles of Confederation and
perpetual Union. Know Ye that we the undersigned delegates, by
virtue of the power and authority to us given for that purpose,
do by these presents, in the name and in behalf of our
respective constituents, fully
and entirely ratify and confirm each and every of the said
Articles of Confederation and perpetual Union, and all and
singular the matters and things therein contained: And we do
further solemnly plight and engage the faith of our respective
constituents, that they shall abide by the determinations of the
United States in Congress assembled, on all questions, which by
the said Confederation are submitted to them. And that the
Articles thereof shall be inviolably observed by the States we
respectively represent, and that the Union shall be perpetual.
In Witness whereof we have hereunto set our
hands in Congress. Done at Philadelphia in the State of
Pennsylvania the ninth day of July in the Year of our Lord One
Thousand Seven Hundred and Seventy-Eight, and in the Third Year
of the independence of America.
Agreed to by Congress 15 November 1777
In force after ratification by Maryland, 1 March 1781
CONSTITUCION DE LOS ESTADOS UNIDOS DE AMERICA
1787
NOSOTROS, el Pueblo de los Estados Unidos, a fin de formar una
Unión más perfecta, establecer Justicia, afirmar la tranquilidad
interior, proveer la Defensa común, promover el bienestar
general y asegurar para nosotros mismos y para nuestros
descendientes los beneficios de la Libertad, estatuimos y
sancionamos esta CONSTITUCION para los Estados Unidos de
América.
ARTICULO CUARTO
Primera Sección
Se dará entera fe y crédito en cada Estado a los actos públicos,
registros y procedimientos judiciales de todos los demás. Y el
Congreso podrá prescribir, mediante leyes generales, la forma en
que dichos actos, registros y procedimientos se probarán y el
efecto que producirán.
Segunda Sección
1. Los ciudadanos de cada Estado tendrán derecho en los demás a
todos los privilegios e inmunidades de los ciudadanos de estos.
2. La persona acusada en cualquier Estado por traición, delito
grave u otro crimen, que huya de la justicia y fuere hallada en
otro Estado, será entregada, al solicitarlo así la autoridad
ejecutiva del Estado del que se haya fugado, con el objeto de
que sea conducida al Estado que posea jurisdicción sobre el
delito.
3. Las personas obligadas a servir o laborar en un Estado, con
arreglo a las leyes de éste, que escapen a otros, no quedarán
liberadas de dichos servicios o trabajo a consecuencia de
cualesquiera leyes o reglamentos del segundo, sino que serán
entregadas al reclamarlo la parte interesada a quien se deba tal
servicio o trabajo.
Tercera Sección
1. El Congreso podrá admitir nuevos Estados a la Unión, pero
ningún nuevo Estado podrá formarse o erigirse dentro de los
limites de otro Estado, ni un Estado constituirse mediante la
reunión de dos o más Estados o partes de Estados, sin el
consentimiento de las legislaturas de los Estados en cuestión,
así como del Congreso.
2. El Congreso tendrá facultad para ejecutar actos de
disposición y para formular todos los reglamentos y reglas que
sean precisos con respecto a las tierras y otros bienes que
pertenezcan a los Estados Unidos, y nada de lo que esta
Constitución contiene se interpretará en un sentido que cause
perjuicio a los derechos aducidos por los Estados Unidos o por
cualquier Estado individual.
Cuarta Sección
Los Estados Unidos garantizarán a todo Estado comprendido en
esta Unión una forma republicana de gobierno y protegerán a cada
uno en contra de invasiones, así como contra los disturbios
internos, cuando lo soliciten la legislatura o el ejecutivo (en
caso de que no fuese posible reunir a la legislatura).
ARTICULO SIETE
La ratificación por las convenciones de nueve Estados bastará
para que esta Constitución entre en vigor por lo que respecta a
los Estados que la ratifiquen.
Dado en la convención, por consentimiento unánime de los Estados
presentes, el día 17 de septiembre del año de Nuestro Señor de
mil setecientos ochenta y siete y duodécimo de la Independencia
de los Estados Unidos de América.
ENMIENDAS
Las diez primeras enmiendas (Bill of Rights) fueron ratifiacadas
efectivamente en Diciembre 15, 1791.
ARTICULO CUATRO
El derecho de los habitantes de que sus personas, domicilios,
papeles y efectos se hallen a salvo de pesquisas y aprehensiones
arbitrarias, será inviolable, y no se expedirán al efecto
mandamientos que no se apoyen en un motivo verosimil, estén
corroborados mediante juramento o protesta y describan con
particularidad el lugar que deba ser registrado y las personas o
cosas que han de ser detenidas o embargadas