To avoid interference from Lieutenant-Governor Dunmore and his Royal Marines, the Second Virginia Convention met March 20, 1775 inland at Richmond–in what is now called St. John’s Church–instead of the Capitol in Williamsburg. Delegate Patrick Henry presented resolutions to raise a militia, and to put Virginia in a posture of defense. Henry’s opponents urged caution and patience until the crown replied to Congress’ latest petition for reconciliation.

On the 23rd, Henry presented a proposal to organize a volunteer company of cavalry or infantry in every Virginia county. By custom, Henry addressed himself to the Convention’s president, Peyton Randolph of Williamsburg. Henry’s words were not transcribed, but no one who heard them forgot their eloquence, or Henry’s closing words: “Give me liberty, or give me death!”

Henry’s first biographer, William Wirt of Maryland, was three-years-old in 1775. An assistant federal prosecutor in Aaron Burr’s trial for treason at Richmond in 1807, and later attorney general of the United States, Wirt began to collect materials for the biography in 1808, nine years after Henry’s death. From the recollections of men like Thomas Jefferson, Wirt reconstructed an account of Henry’s life, including the remarks presented below.

Source:  Edited from http://www.history.org/almanack/life/politics/giveme.cfm

 

 “Give Me Liberty Or Give Me Death!”

Patrick Henry

St. John’s Church, Richmond, Virginia
March 23, 1775.

MR. PRESIDENT: No man thinks more highly than I do of the patriotism, as well as abilities, of the very worthy gentlemen who have just addressed the House. But different men often see the same subject in different lights; and, therefore, I hope it will not be thought disrespectful to those gentlemen if, entertaining as I do, opinions of a character very opposite to theirs, I shall speak forth my sentiments freely, and without reserve. This is no time for ceremony. The question before the House is one of awful moment to this country. For my own part, I consider it as nothing less than a question of freedom or slavery; and in proportion to the magnitude of the subject ought to be the freedom of the debate. It is only in this way that we can hope to arrive at truth, and fulfil the great responsibility which we hold to God and our country. Should I keep back my opinions at such a time, through fear of giving offence, I should consider myself as guilty of treason towards my country, and of an act of disloyalty toward the majesty of heaven, which I revere above all earthly kings.

Mr. President, it is natural to man to indulge in the illusions of hope. We are apt to shut our eyes against a painful truth, and listen to the song of that siren till she transforms us into beasts. Is this the part of wise men, engaged in a great and arduous struggle for liberty? Are we disposed to be of the number of those who, having eyes, see not, and, having ears, hear not, the things which so nearly concern their temporal salvation? For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth; to know the worst, and to provide for it.

I have but one lamp by which my feet are guided; and that is the lamp of experience. I know of no way of judging of the future but by the past. And judging by the past, I wish to know what there has been in the conduct of the British ministry for the last ten years, to justify those hopes with which gentlemen have been pleased to solace themselves, and the House? Is it that insidious smile with which our petition has been lately received? Trust it not, sir; it will prove a snare to your feet. Suffer not yourselves to be betrayed with a kiss. Ask yourselves how this gracious reception of our petition comports with these war-like preparations which cover our waters and darken our land. Are fleets and armies necessary to a work of love and reconciliation? Have we shown ourselves so unwilling to be reconciled, that force must be called in to win back our love? Let us not deceive ourselves, sir. These are the implements of war and subjugation; the last arguments to which kings resort. I ask, gentlemen, sir, what means this martial array, if its purpose be not to force us to submission? Can gentlemen assign any other possible motive for it? Has Great Britain any enemy, in this quarter of the world, to call for all this accumulation of navies and armies? No, sir, she has none. They are meant for us; they can be meant for no other. They are sent over to bind and rivet upon us those chains which the British ministry have been so long forging. And what have we to oppose to them? Shall we try argument? Sir, we have been trying that for the last ten years. Have we anything new to offer upon the subject? Nothing. We have held the subject up in every light of which it is capable; but it has been all in vain. Shall we resort to entreaty and humble supplication? What terms shall we find which have not been already exhausted? Let us not, I beseech you, sir, deceive ourselves. Sir, we have done everything that could be done, to avert the storm which is now coming on. We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne. In vain, after these things, may we indulge the fond hope of peace and reconciliation. There is no longer any room for hope. If we wish to be free² if we mean to preserve inviolate those inestimable privileges for which we have been so long contending²if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained, we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of Hosts is all that is left us!

They tell us, sir, that we are weak; unable to cope with so formidable an adversary. But when shall we be stronger? Will it be the next week, or the next year? Will it be when we are totally disarmed, and when a British guard shall be stationed in every house? Shall we gather strength by irresolution and inaction? Shall we acquire the means of effectual resistance, by lying supinely on our backs, and hugging the delusive phantom of hope, until our enemies shall have bound us hand and foot? Sir, we are not weak if we make a proper use of those means which the God of nature hath placed in our power. Three millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us. Besides, sir, we shall not fight our battles alone. There is a just God who presides over the destinies of nations; and who will raise up friends to fight our battles for us. The battle, sir, is not to the strong alone; it is to the vigilant, the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it is now too late to retire from the contest. There is no retreat but in submission and slavery! Our chains are forged! Their clanking may be heard on the plains of Boston! The war is inevitable²and let it come! I repeat it, sir, let it come.

It is in vain, sir, to extenuate the matter. Gentlemen may cry, Peace, Peace²but there is no peace. The war is actually begun! The next gale that sweeps from the north will bring to our ears the clash of resounding arms! Our brethren are already in the field! Why stand we here idle? What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!

 

Source: Wirt, William. Sketches of the Life and Character of Patrick Henry . (Philadelphia) 1836, as reproduced in The World’s Great Speeches, Lewis Copeland and Lawrence W. Lamm, eds., (New York) 1973.

Source: http://www.history.org/almanack/life/politics/giveme.cfm

 

 

 

Source:  http://www.ushistory.org/documents/libertydeath.htm

 

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 The Declaration of Independence was written in 1776 by Thomas Jefferson. It was a list of grievances against the king of England intended to justify separation from British rule, and it expressed “self-evident truths” of liberty and equality.

The Declaration of Independence justified the American Revolution by appealing to “the Laws of Nature and of Nature’s God,” universally applicable in all times and places. It was the first time in history that a political society founded itself upon such principled considerations of natural right rather than simply upon tradition, accident, or force. The Declaration of Independence also expressed fundamental principles regarding equality, liberty, and the purposes of government, describing them as self-evident truths. Bringing society into alignment with those founding principles would prove difficult in the future; nevertheless, by proclaiming them to be true, Founding-era Americans challenged themselves and their posterity to rise to the ideal of justice expressed in the Declaration of Independence.

Source:  Edited from TeachingAmericanHistory.org

 

 

Declaration of Independence: A Transcription

Note: The following text is a transcription of the Stone Engraving of the parchment Declaration of Independence (the document on display in the Rotunda at the National Archives Museum.) The spelling and punctuation reflects the original.

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In Congress, July 4, 1776.

The unanimous Declaration of the thirteen united States of America, When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

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.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

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Source:  https://www.archives.gov/founding-docs/declaration-transcript

 

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 The Articles of Confederation established the Confederation Congress that governed the United States from 1781 to 1789. Meeting in Philadelphia, the Second Continental Congress appointed a committee that began drafting the Articles in 1776. However, the final draft was not complete until 1777 while the Continental Congress was ensconced in York, Pennsylvania, during the British occupation of Philadelphia. The states formally ratified the Articles in 1781, and this compact between the states remained in effect until 1789 when the United States Constitution became the nation’s governing document.

 Source:  Edited from https://philadelphiaencyclopedia.org/archive/articles-of-confederation/

 

The Articles of Confederation and Perpetual Union — 1777

November 15, 1777

Ratified: March 1, 1781

To all to whom these Presents shall come, we the undersigned Delegates of the States affixed to our Names, send greeting.

Whereas the Delegates of the United States of America, in Congress assembled, did, on the 15th day of November, in the Year of Our Lord One thousand Seven Hundred and Seventy seven, and in the Second Year of the Independence of America, agree to certain articles of Confederation and perpetual Union between the States of New-hampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia in the words following, viz. “Articles of Confederation and perpetual Union between the states of New-hampshire, Massachusetts-bay, Rhodeisland and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina and Georgia”.

Article I.

The Stile of this confederacy shall be “The United States of America.”

Article 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.

Article III.

The said states hereby severally enter into a firm league of friendship with each other, for their common defence, 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 pretence whatever.

Article IV.

The better to secure and perpetuate mutual friendship and intercourse among the people of the different states in this union, the free inhabitants of each of these states, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several states; and the people of each state shall have free ingress and 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 restriction 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 offence. 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.

Article V.

For the more convenient management of the general interests of the united states, delegates shall be annually appointed in such manner as the legislature of each state shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each state, to recal its delegates, or any of them, at any time within the year, and to send others in their stead, for the remainder of the Year.

No state shall be represented in Congress by less than two, nor by more than seven Members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the united states, for which he, or another for his benefit receives any salary, fees or emolument of any kind.

Each state shall maintain its own delegates in 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 and imprisonments, during the time of their going to and from, and attendance on congress, except for treason, felony, or breach of the peace.

Article VI.

No state, without the Consent of the united states in congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference agreement, alliance or treaty with any King prince or state; nor shall any person holding any office of profit or trust under the united states, or any of them, accept of any present, emolument, office or title of any kind whatever from any king, prince or foreign state; nor shall the united states in congress assembled, or any of them, grant any title of nobility.

No two or more states shall enter into any treaty, confederation or alliance whatever between them, without the consent of the united states in congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.

No state shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the united states in congress assembled, with any king, prince or state, in pursuance of any treaties already proposed by congress, to the courts of France and Spain.

No vessels of war shall be kept up in time of peace by any state, except such number only, as shall be deemed necessary by the united states in congress assembled, for the defence of such state, or its trade; nor shall any body of forces be kept up by any state, in time of peace, except such number only, as in the judgment of the united states, in congress assembled, shall be deemed requisite to garrison the forts necessary for the defence of such state; but every state shall always keep up a well regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage. No state shall engage in any war without the consent of the united states in congress assembled, unless such state be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such state, and the danger is so imminent as not to admit of a delay till the united states in congress assembled can be consulted: nor shall any state grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the united states in congress assembled, and then only against the kingdom or state and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the united states in congress assembled, unless such state be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the united states in congress assembled, shall determine otherwise.

Article VII.

When land-forces are raised by any state for the common defence, 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.

Article VIII.

All charges of war, and all other expences that shall be incurred for the common defence or general welfare, and allowed by the united states in congress assembled, shall be def rayed out of a common treasury, which shall be supplied by the several states in proportion to the value of all land within each state, granted to or surveyed for any Person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the united states in congress assembled, shall from time to time direct and appoint.

The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several states within the time agreed upon by the united states in congress assembled.

Article 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 committed on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of congress shall be appointed a judge of any of the said courts.

The united states in congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more states concerning boundary, jurisdiction or any other cause whatever; which authority shall always be exercised in the manner following. Whenever the legislative or executive authority or lawful agent of any state in controversy with another shall present a petition to congress stating the matter in question and praying for a hearing, notice thereof shall be given by order of congress to the legislative or executive authority of the other state in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question: but if they cannot agree, congress shall name three persons out of each of the united states, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names as congress shall direct, shall in the presence of congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination: and if either party shall neglect to attend at the day appointed, without showing reasons, which congress shall judge sufficient, or being present shall refuse to strike, the congress shall proceed to nominate three persons out of each state, and the secretary of congress shall strike in behalf of such party absent or refusing; and the judgment and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceedings being in either case transmitted to congress, and lodged among the acts of congress for the security of the parties concerned: provided that every commissioner, before he sits in judgment, shall take an oath to be administered by one of the judges of the supreme or superior court of the state, where the cause shall be tried, “well and truly to hear and determine the matter in question, according to the best of his judgment, without favour, affection or hope of reward:” provided also, that no state shall be deprived of territory for the benefit of the united states.

All controversies concerning the private right of soil claimed under different grants of two or more states, whose jurisdictions as they may respect such lands, and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the congress of the united states, be finally determined as near as may be in the same manner as is before prescribed for deciding disputes respecting territorial jurisdiction between different states.

The united states in congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective states — fixing the standard of weights and measures throughout the united states — regulating the trade and managing all affairs with the Indians, not members of any of the states, provided that the legislative right of any state within its own limits be not infringed or violated — establishing or regulating post offices from one state to another, throughout all the united states, and exacting such postage on the papers passing thro’ the same as may be requisite to defray the expences of the said office — appointing all officers of the land forces, in the service of the united states, excepting regimental officers — appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the united states — making rules for the government and regulation of the said land and naval forces, and directing their operations.

The united states in congress assembled shall have authority to appoint a committee, to sit in the recess of congress, to be denominated “A Committee of the States,” and to consist of one delegate from each state; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the united states under their direction — to appoint one of their number to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the service of the united states, and to appropriate and apply the same for defraying the public expences 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 cloth, arm and equip them in a soldier like manner, at the expence of the united states; and the officers and men so cloathed, armed and quipped shall march to the place appointed, and within the time agreed on by the united states in congress assembled: But if the united states in congress assembled shall, on consideration of circumstances judge proper that any state should not raise men, or should raise a smaller number than its quota, and that any other state should raise a greater number of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of such state, unless the legislature of such sta te shall judge that such extra number cannot be safely spared out of the same, in which case they shall raise officer, cloath, arm and equip as many of such extra number as they judge 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 and reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expences necessary for the defence and welfare of the united states, or any of them, nor emit bills, nor borrow money on the credit of the united states, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine states assent to the same: nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of a majority of the united states in congress assembled.

The congress of the united states shall have power to adjourn to any time within the year, and to any place within the united states, so that no period of adjournment be for a longer duration than the space of six Months, and shall publish the Journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgment require secrecy; and the yeas and nays of the delegates of each state on any question shall be entered on the Journal, when it is desired by any delegate; and the delegates of a state, or any of them, at his or their request shall be furnished with a transcript of the said Journal, except such parts as are above excepted, to lay before the legislatures of the several states.

Article X.

The committee of the states, or any nine of them, shall be authorized to execute, in the recess of congress, such of the powers of congress as the united states in congress assembled, by the consent of nine states, shall from time to time think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine states in the congress of the united states assembled is requisite.

Article XI.

Canada acceding to this confederation, and joining in the measures of the united states, shall be admitted into, and entitled to all the advantages of this union: but no other colony shall be admitted into the same, unless such admission be agreed to by nine states.

Article 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 pledged.

Article XIII.

Every state shall abide by the determinations of the united states in congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a congress of the united states, and be afterwards confirmed by the legislatures of 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 pur pose, 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.

On the part of & behalf of the State of New Hampshire:

• Josiah Bartlett
• John Wentworth. Junr; August 8th, 1778

On the part and behalf of the State of Rhode-Island and Providence Plantations:

• William Ellery
• Henry Marchant
• John Collins

On the part and behalf of the State of New York:

• Jas Duane
• Fra: Lewis
• Wm Duer
• Gouvr Morris

On the part and behalf of the State of Pennsylvania:

• Robert Morris
• Daniel Roberdeau
• Jon. Bayard Smith
• William Clingan
• Joseph Reed; 22d July, 1778

On the part and behalf of the State of Maryland:

• John Hanson; March 1, 1781
• Daniel Carroll, do.

On the part and behalf of the State of North Carolina:

• John Penn; July 21st, 1778
• Corns Harnett
• Jno Williams

On the part and behalf of the State of Georgia:

• Jno Walton; 24th July, 1778
• Edwd Telfair
• Edwd Langworthy

On the part of & behalf of the State of Massachusetts Bay:

• John Hancock
• Samuel Adams
• Elbridge Gerry
• Francis Dana
• James Lovell
• Samuel Holten

On the part and behalf of the State of Connecticut:

• Roger Sherman
• Samuel Huntington
• Oliver Wolcott
• Titus Hosmer
• Andrew Adams

On the Part and in Behalf of the State of New Jersey, November 26th, 1778:

• Jno Witherspoon
• Nathl Scudder

On the part and behalf of the State of Delaware:

• Thos McKean; Febr 22d, 1779
• John Dickinson; May 5th, 1779
• Nicholas Van Dyke

On the part and behalf of the State of Virginia:

• Richard Henry Lee
• John Banister
• Thomas Adams
• Jno Harvie
• Francis Lightfoot Lee

On the part and behalf of the State of South Carolina:

• Henry Laurens
• William Henry Drayton
• Jno Mathews
• Richd Hutson
• Thos Heyward, junr.

 

Source:  http://www.ushistory.org/documents/confederation.htm

 

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The Constitution of the United States was signed by the framers in Philadelphia on September 17, 1787 and was approved by the ninth state (as required for final ratification) on June 21, 1788. Americans came to view the Constitution as embodying the reasoned sense of the community, in no small part because the public had engaged in full, free, and extensive debates over its merits and flaws before ratifying it. Once ratified, and especially with the addition of the Bill of Rights, it became the common standard by which Americans determined the responsibilities and limits of their government. The habit of looking to the Constitution to resolve political disagreements has helped to foster and preserve a general unity among a people that is otherwise extremely diverse. The enduring relevance and applicability of the Constitution, despite two centuries of difficulties and challenges to the American experiment in self-government, is a testament to the ingenuity and foresight of its framers.

Source:  Edited from TeachingAmericanHistory.org

 

The Constitution of the United States: A Transcription

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.

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

Article. I.

Section. 1.

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.

Section. 2.

The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

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

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

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

Section. 3.

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.

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.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

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

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

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section. 4.

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 chusing Senators.

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.

Section. 5.

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

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

Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

Section. 6.

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.

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 encreased 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.

All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section. 8.

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Section. 9.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

Section. 10.

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

No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it’s inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article. II.

Section. 1.

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

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

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.

In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.

Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—”I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

Section. 2.

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 Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section. 3.

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

Section. 4.

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

Article III.

Section. 1.

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

Section. 2.

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.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

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

Section. 3.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

Article. IV.

Section. 1.

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.

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.

No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.

Section. 3.

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

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.

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

Article. V.

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

Article. VI.

All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Article. VII.

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

The Word, “the,” being interlined between the seventh and eighth Lines of the first Page, The Word “Thirty” being partly written on an Erazure in the fifteenth Line of the first Page, The Words “is tried” being interlined between the thirty second and thirty third Lines of the first Page and the Word “the” being interlined between the forty third and forty fourth Lines of the second Page.

Attest William Jackson Secretary

done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independance of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,

G°. Washington
Presidt and deputy from Virginia

Delaware

Gunning Bedford jun

John Dickinson

Richard Bassett

Jaco: Broom

Maryland

James McHenry

Dan of St Thos. Jenifer

Danl. Carroll

 

Virginia

John Blair

James Madison Jr.

 

North Carolina

Wm. Blount

Richd. Dobbs Spaight

Hu Williamson

 

South Carolina

1. Rutledge

Charles Cotesworth Pinckney

Charles Pinckney

Pierce Butler

 

Georgia

William Few

Abr Baldwin

 

New Hampshire

John Langdon

Nicholas Gilman

 

Massachusetts

Nathaniel Gorham

Rufus King

 

Connecticut

Wm. Saml. Johnson

Roger Sherman

 

New York

Alexander Hamilton

 

New Jersey

Wil: Livingston

David Brearley

Wm. Paterson

Jona: Dayton

 

Pennsylvania

B Franklin

Thomas Mifflin

Robt. Morris

Geo. Clymer

Thos. FitzSimons

Jared Ingersoll

James Wilson

Gouv Morris

 

 

 

Source: http://www.archives.gov/exhibits/charters/constitution_transcript.html

 

Source:  

 

 The Constitution of the United States was signed by the framers in Philadelphia on September 17, 1787 and was approved by the ninth state (as required for final ratification) on June 21, 1788. Americans came to view the Constitution as embodying the reasoned sense of the community, in no small part because the public had engaged in full, free, and extensive debates over its merits and flaws before ratifying it. Once ratified, and especially with the addition of the Bill of Rights, it became the common standard by which Americans determined the responsibilities and limits of their government. The habit of looking to the Constitution to resolve political disagreements has helped to foster and preserve a general unity among a people that is otherwise extremely diverse. The enduring relevance and applicability of the Constitution, despite two centuries of difficulties and challenges to the American experiment in self-government, is a testament to the ingenuity and foresight of its framers.

Source:  Edited from TeachingAmericanHistory.org

 

The Constitution of the United States: En Español

NOSOTROS, el Pueblo de los Estados Unidos, a fin de formar una Unión más perfecta, establecer Justicia, asegurar la tranquilidad interior, proveer para la defensa común, promover el bienestar general y asegurar para nosotros y para nuestra prosperidad los beneficios de la Libertad, establecemos y sancionamos esta Constitución para los Estados Unidos de América.

ARTICULO I

SECCIÓN 1.

La Cámara de Representantes estará formada por miembros elegidos cada dos años por el pueblo de los diversos Estados, y los electores deberán poseer en cada Estado las condiciones requeridas para los electores de la rama más numerosa de la legislatura del Estado.

SECCIÓN 2.

La Cámara de Representantes estará formada por miembros elegidos cada dos años por el pueblo de los diversos Estados, y los electores deberán poseer en cada Estado las condiciones requeridas para los electores de la rama más numerosa de la legislatura del Estado.

No será Representante ninguna persona que no haya cumplido 25 años de edad y haya sido ciudadano de los Estados Unidos durante siete años, y que no sea habitante del Estado en el cual se le designe, al tiempo de la elección.

[Los Representantes y los impuestos directos se prorratearán entre los distintos Estados que formen parte de esta Unión, de acuerdo con sus respectivos números, los cuales se determinarán sumando al número total de personas libres, incluyendo las obligadas a prestar servicios durante cierto término de años y excluyendo a los indios no sujetos al pago de impuestos, las tres quintas partes de todas las personas restantes] ¹ La enumeración en sí deberá efectuarse dentro de los tres años siguientes a la primera sesión del Congreso de los Estados Unidos y en lo sucesivo cada diez años, en la forma establecida por la ley. El número de Representantes no excederá uno por cada treinta mil habitantes con tal que cada Estado cuente con un Representante cuando menos; y hasta que se efectúe dicha enumeración, el Estado de Nueva Hampshire tendrá derecho a elegir tres; Massachussets, ocho; Rhode Island y las Plantaciones de Providencia, uno; Connecticut, cinco; Nueva York, seis; Nueva Jersey, cuatro; Pensilvania, ocho; Delaware, uno; Maryland seis; Virginia, diez; Carolina del Norte, cinco; Carolina del Sur, cinco; y Georgia, tres.

Cuando ocurran vacantes en la representación de cualquier Estado, la autoridad Ejecutiva del mismo expedirá un decreto convocando a elecciones con el objeto de llenarlas.

La Cámara de Representantes elegirá su Presidente y demás funcionarios y tendrá la absoluta facultad de presentar cargos en Juicios Políticos.

[Los Representantes y los impuestos directos se prorratearán entre los distintos Estados que formen parte de esta Unión, de acuerdo con sus respectivos números, los cuales se determinarán sumando al número total de personas libres, incluyendo las obligadas a prestar servicios durante cierto término de años y excluyendo a los indios no sujetos al pago de impuestos, las tres quintas partes de todas las personas restantes] ¹ La enumeración en sí deberá efectuarse dentro de los tres años siguientes a la primera sesión del Congreso de los Estados Unidos y en lo sucesivo cada diez años, en la forma establecida por la ley. El número de Representantes no excederá uno por cada treinta mil habitantes con tal que cada Estado cuente con un Representante cuando menos; y hasta que se efectúe dicha enumeración, el Estado de Nueva Hampshire tendrá derecho a elegir tres; Massachussets, ocho; Rhode Island y las Plantaciones de Providencia, uno; Connecticut, cinco; Nueva York, seis; Nueva Jersey, cuatro; Pensilvania, ocho; Delaware, uno; Maryland seis; Virginia, diez; Carolina del Norte, cinco; Carolina del Sur, cinco; y Georgia, tres.

Cuando ocurran vacantes en la representación de cualquier Estado, la autoridad Ejecutiva del mismo expedirá un decreto convocando a elecciones con el objeto de llenarlas.

La Cámara de Representantes elegirá su Presidente y demás funcionarios y tendrá la absoluta facultad de presentar cargos en Juicios Políticos.

SECCIÓN 3.

El Senado de los Estados Unidos se compondrá de dos Senadores por cada Estado [elegidos por seis años por la legislatura del mismo] ² , y cada Senador dispondrá de un voto.

Tan pronto como se hayan reunido en virtud de la elección inicial, se dividirán en tres grupos tan iguales como sea posible. Los escaños de los Senadores del primer grupo quedarán vacantes al terminar el segundo año; las del segundo grupo, al expirar el cuarto año y los del tercer grupo, al concluir el sexto año, de tal manera que sea factible elegir una tercera parte cada dos años; [y si ocurren vacantes, por renuncia u otra causa, durante el receso de la legislatura de algún Estado, el Ejecutivo de éste podrá hacer designaciones provisionales hasta el siguiente período de sesiones de la legislatura, la que procederá a cubrir dichas vacantes.] ³

No será Senador ninguna persona que no haya cumplido treinta años de edad y haya sido ciudadano de los Estados Unidos durante nueve años y que, al tiempo de la elección, no sea habitante del Estado por cual fue elegido.

El Vicepresidente de los Estados Unidos será Presidente del Senado, pero no tendrá voto excepto en el caso de estar los Senadores igualmente divididos.

El Senado elegirá a sus demás funcionarios, así como un Presidente pro tempore, en ausencia del Vicepresidente o cuando éste se halle desempeñando la presidencia de los Estados Unidos.

El Senado será el único facultado para juzgar Juicios Políticos. Cuando se reúna con este objeto, sus miembros deberán prestar juramento o promesa. Cuando se juzgue al Presidente de los Estados Unidos, deberá presidir el Presidente de la Corte Suprema: y ninguna persona será condenada si no concurre el voto de dos terceras de los miembros presentes.

El alcance de la sentencia en Juicios Políticos no irá más allá de la destitución del cargo y la inhabilitación para ocupar y disfrutar cualquier cargo honorífico, de confianza o remunerado, que dependa de los Estados Unidos; pero la parte condenada quedará sujeta, no obstante, a que se la acuse, enjuicie, juzgue y castigue de acuerdo con la Ley.

SECCIÓN 4.

Los lugares, fechas y modo de celebrar las elecciones para Senadores y Representantes se prescribirán en cada Estado por la legislatura respectiva; pero el Congreso podrá formular o alterar dichas reglas, en cualquier momento, por medio de una ley, excepto en lo que se refiere a los lugares de elección de los Senadores.

El Congreso se reunirá al menos una vez al año, [y esta reunión será el primer lunes de diciembre] ⁴ , a no ser que por ley se fije otro día.

SECCIÓN 5.

Cada Cámara calificará las elecciones, los informes sobre escrutinios y la capacidad legal de sus propios miembros, y una mayoría de cada una constituirá el quórum necesario para sesionar; pero un número menor puede suspender las sesiones de un día para otro y estará autorizado para exigir a los miembros ausentes a que asistan, en el modo y bajo las sanciones que determine cada Cámara.

Cada Cámara puede elaborar su reglamento interno, castigar a sus miembros por comportamiento inapropiado y expulsarlos de su seno con el consentimiento de las dos terceras partes.

Cada Cámara llevará un Diario de sus sesiones y lo publicará de tiempo en tiempo, a excepción de aquellas partes que a su juicio exijan reserva, y los votos afirmativos y negativos de sus miembros con respecto a cualquier pregunta se harán constar en el Diario, a petición de una quinta parte de los presentes.

Durante el período de sesiones del Congreso ninguna de las Cámaras puede suspenderlas por mas de tres días ni acordar que se celebren en lugar diverso de aquel en que se reúnen ambas Cámaras sin el consentimiento de la otra.

SECCIÓN 6.

Los Senadores y Representantes recibirán por sus servicios una remuneración que será fijada por la ley y pagada por el Tesoro de los Estados Unidos. En todos los casos, exceptuando los de traición, delito grave y perturbación del orden público, gozarán del privilegio de no ser arrestados durante el tiempo que asistan a las sesiones de sus respectivas Cámaras, así como al ir a ellas o regresar de las mismas, y no podrán ser objeto de inquisición alguna con motivo de discusión alguna o debate en una de las Cámaras en ningún otro sitio.

Ningún Senador o Representante será nombrado, durante el tiempo por el cual haya sido elegido, para ocupar cualquier cargo civil que dependa de los Estados Unidos, que haya sido creado o cuya remuneración haya sido aumentada durante dicho tiempo, y ninguna persona que ocupe un cargo público en los Estados Unidos podrá formar parte de las Cámaras mientras continúe en funciones.

SECCIÓN 7.

Todo proyecto de ley que tenga por objeto la obtención de ingresos deberá originarse en la Cámara de Representantes; pero el Senado podrá proponer reformas o convenir en ellas de la misma manera que tratándose de otros proyectos.

Todo proyecto aprobado por la Cámara de Representantes y el Senado se presentará al Presidente de los Estados Unidos antes de que se convierta en ley; si él lo aprobare lo firmará; en caso contrario lo devolverá, junto con sus objeciones, a la Cámara en que se haya originado, la cual asentará integras las objeciones en su Diario y procederá a reconsiderarlo. Si después de dicha reconsideración las dos terceras partes de esa Cámara se pusieren de acuerdo en aprobar el proyecto, se remitirá, acompañado de las objeciones, a la otra Cámara, por la cual será, así mismo, reconsiderado, y si lo aprobaren las dos terceras partes de dicha Cámara, se convertirá en Ley. Pero en todos estos casos, la votación de ambas Cámaras será nominal y los nombres de las personas que voten en pro o en contra del proyecto se asentarán en el Diario de cada una de las Cámaras. Si algún proyecto de ley no fuera devuelto por el Presidente dentro de diez días (exceptuando los domingos) después de haberle sido presentado, este se convertirá en Ley, de la misma manera que si lo hubiera firmado, a menos que la suspensión de sesiones del Congreso impidiera su devolución, en cuyo caso no se convertirá en Ley.

Toda orden, resolución o votación para la cual sea necesaria la concurrencia del Senado y la Cámara de Representantes (salvo en materia de suspensión de las sesiones), se presentará al Presidente de los Estados Unidos; y no tendrá efecto antes de ser aprobada por él, o en el caso de que la rechazare, de ser aprobada nuevamente por dos terceras partes del Senado y de la Cámara de Representantes, de conformidad con las reglas y limitaciones prescritas en el caso de un proyecto de ley.

SECCIÓN 8.

El Congreso tendrá facultad para: Establecer y recaudar impuestos, aranceles, derechos y contribuciones; para pagar las deudas y proveer a la defensa común y bienestar general de los Estados Unidos; pero todos los impuestos, aranceles, derechos serán uniformes a través de los Estados Unidos.

Contraer empréstitos a cargo al crédito de los Estados Unidos.

Regular el comercio con las naciones extranjeras, entre los diferentes Estados y con las tribus indígenas.

Establecer un reglamento uniforme de naturalización y leyes uniformes en materia de quiebra a través de los Estados Unidos.

Emitir dinero y regular su valor, así como su relación con moneda extranjera. Fijar los patrones de pesas y medidas.

Proveer lo necesario para el castigo de quienes falsifiquen los títulos y la moneda vigente de los Estados Unidos.

Establecer oficinas de correos y rutas postales

Fomentar el progreso de la Ciencia y las Artes útiles, asegurando a los autores e inventores, por un tiempo limitado, el derecho exclusivo sobre sus respectivos escritos y descubrimientos.

Crear tribunales inferiores a la Corte Suprema de Justicia.

Definir y castigar la piratería y otros delitos graves cometidos en alta mar; y violaciones contra la Ley de Naciones.

Declarar la guerra, otorgar Cartas de Marcha y Represalia, y dictar reglas con relación a las capturas en mar y tierra.

Reclutar y sostener ejércitos, pero ninguna apropiación de fondos con ese destino será por un plazo superior a dos años.

Habilitar y mantener una armada.

Dictar reglas para el gobierno y regulación de las fuerzas navales y terrestres.

Disponer cuando debe convocarse a la Reserva Militar con el fin de hacer cumplir las leyes de la Unión, sofocar insurrecciones y rechazar invasiones.

Proveer lo necesario para organizar, armar y disciplinar a la Reserva Militar, y para regular la parte de esta que se utilice en servicio de los Estados Unidos; reservándose a los Estados correspondientes el nombramiento de los oficiales, y la facultad de entrenar la Reserva Militar conforme a la disciplina prescrita por el Congreso.

Legislar en forma exclusiva en todo lo referente al Distrito (que no podrá ser más grande que diez millas cuadradas) que, a consecuencia de la cesión de los Estados en que este se encuentre situado, se convierta en sede del gobierno de los Estados Unidos; y aplicar dicha autoridad sobre todos los lugares adquiridos con el consentimiento de la Legislatura del Estado en el cual se encuentre el Distrito, para la construcción de fuertes, almacenes, arsenales, astilleros y otros edificios necesarios.

Expedir todas las leyes que sean necesarias y apropiadas para llevar a efecto la ejecución de los poderes anteriores y todos los demás poderes que esta Constitución confiere al gobierno de los Estados Unidos o cualquiera de sus departamentos o funcionarios.

SECCIÓN 9.

La inmigración o importación de las personas que cualquiera de los Estados ahora existentes estime oportuno admitir, no podrá ser prohibida por el Congreso, antes del año de mil ochocientos ocho, pero puede imponer sobre dicha importación una contribución o tasa que no exceda diez dólares por cada persona.

El privilegio del habeas corpus no se suspenderá, salvo cuando la seguridad pública lo exija en casos de rebelión o invasión.

No se aprobarán decretos de proscripción ni leyes ex post facto. [No se establecerá ningún impuesto directo ni de capitación, como no sea proporcionalmente al censo o enumeración que anteriormente se ordeno practicar.] ⁵

Ningún impuesto o derecho se establecerá sobre los artículos que se exporten de cualquier Estado.

Los puertos de un Estado no gozarán de preferencia sobre los de ningún otro en virtud de reglamentación alguna mercantil o fiscal; así como tampoco las embarcaciones que se dirijan a un Estado o procedan de él estarán obligadas a ingresar, despachar sus documentos o cubrir derechos en otro Estado.

Ninguna cantidad de dinero podrá extraerse del Tesoro si no es como consecuencia de Asignaciones autorizadas por la ley, y de tiempo en tiempo, deberá publicarse un estado y balance ordenados de los ingresos y gastos del dinero público. Los Estados Unidos no concederán ningún título nobiliario: y ninguna persona que ocupe un cargo remunerado u honorífico que dependa de los Estados Unidos, aceptará ningún regalo, emolumento, cargo o título, sea de la clase que fuere, de cualquier monarca, príncipe o estado extranjero, sin consentimiento del Congreso. Sección 10.

SECCIÓN 10.

Ningún Estado podrá celebrar Tratado, Alianza o Confederación algunos; otorgar cartas de Marcha y Represalia; emitir moneda, legalizar otro método que no sean monedas de oro y plata como medio de pago de las deudas; aprobar decretos de proscripción, leyes ex post facto, o leyes que menoscaben las obligaciones que derivan de los contratos, ni conceder título nobiliario alguno.

Ningún Estado podrá, sin el consentimiento del Congreso, imponer aranceles o derechos sobre las importaciones y exportaciones, excepto lo que fuere absolutamente necesario para el cumplimiento de sus leyes de inspección, y el producto neto de todos los derechos y aranceles que establezcan los Estados sobre las importaciones y exportaciones, será para uso del Tesoro de los Estados Unidos; y todas dichas leyes estarán sujetas a la revisión y control del Congreso.

Sin dicho consentimiento del Congreso ningún Estado podrá establecer derechos de tonelaje, mantener tropas o navíos de guerra en tiempo de paz, celebrar convenio o pacto alguno con otro Estado o con una potencia extranjera, o entrar en Guerra, a menos de ser invadido o de hallarse en peligro tan inminente que no admita demora.

SECCIÓN 10.

Ningún Estado podrá celebrar Tratado, Alianza o Confederación algunos; otorgar cartas de Marcha y Represalia; emitir moneda, legalizar otro método que no sean monedas de oro y plata como medio de pago de las deudas; aprobar decretos de proscripción, leyes ex post facto, o leyes que menoscaben las obligaciones que derivan de los contratos, ni conceder título nobiliario alguno.

Ningún Estado podrá, sin el consentimiento del Congreso, imponer aranceles o derechos sobre las importaciones y exportaciones, excepto lo que fuere absolutamente necesario para el cumplimiento de sus leyes de inspección, y el producto neto de todos los derechos y aranceles que establezcan los Estados sobre las importaciones y exportaciones, será para uso del Tesoro de los Estados Unidos; y todas dichas leyes estarán sujetas a la revisión y control del Congreso.

Sin dicho consentimiento del Congreso ningún Estado podrá establecer derechos de tonelaje, mantener tropas o navíos de guerra en tiempo de paz, celebrar convenio o pacto alguno con otro Estado o con una potencia extranjera, o entrar en Guerra, a menos de ser invadido o de hallarse en peligro tan inminente que no admita demora.

ARTICULO II

SECCIÓN 1.

El poder ejecutivo será conferido a un Presidente de los Estados Unidos de América. Él desempeñara su encargo durante un periodo de cuatro años y, junto con el Vicepresidente designado para el mismo período, será elegido como sigue:

Cada Estado nombrará, del modo que su legislatura disponga, un número de electores igual al total de los Senadores y Representantes a que el Estado tenga derecho en el Congreso, pero ningún Senador, ni Representante, ni persona que ocupe un cargo honorífico o remunerado que dependa de los Estado Unidos podrá ser designado como elector.

[Los electores se reunirán en sus respectivos Estados y elegirán mediante votación secreta entre dos personas, una de las cuales, cuando menos, no deberá ser residente del mismo Estado que ellos. Y formarán una lista de todas las personas por las que hayan votado y del número de votos por cada una; la cual firmarán y certificarán, y remitirán sellada a la Sede del Gobierno de los Estados Unidos, dirigida al Presidente del Senado. El Presidente del Senado abrirá todos los certificados en presencia del Senado y de la Cámara de Representantes, y los votos serán entonces contados. La persona que obtenga el mayor número de votos será el Presidente, siempre que dicho número represente la mayoría de todos los electores nombrado: y si hubiere mas de uno que tenga esa mayoría y que cuente con igual número de votos, entonces la Cámara de Representantes, mediante votación secreta, elegirá a uno de ellos inmediatamente para Presidente; y si ninguna persona tuviere mayoría entonces la referida Cámara elegirá al Presidente de la misma manera entre los cinco nombres con mayor número de votos en la lista. Pero para elegir al Presidente la votación se tomará por Estados, teniendo la representación de cada Estado un voto; para este objeto el quórum consistirá de uno o más miembros de las dos terceras partes de los Estados, y será necesaria una mayoría de todos los Estados para que se tenga por hecha la elección. En todos los casos, y una vez elegido el Presidente, la persona que tenga el mayor número de votos de los Electores será el Vicepresidente. Pero si quedaren dos o más con el mismo número de votos, el Senado escogerá de entre ellos al Vicepresidente, mediante votación secreta.] ⁶

El Congreso podrá fijar la fecha de designación de los Electores, así como el día en que deberán emitir sus votos, el cual deberá ser el mismo en todos los Estados Unidos.

Ninguna persona que no sea ciudadano por nacimiento o que haya sido ciudadano de los Estados Unidos al tiempo de adoptarse esta Constitución, será elegible para el cargo de Presidente; tampoco será elegible para ese cargo ninguna persona que no haya cumplido treinta y cinco años de edad y que no haya residido catorce años en los Estados Unidos.

[En caso de que el Presidente sea separado de su cargo, de su muerte, renuncia o incapacidad para desempeñar los Poderes y Deberes de dicho Cargo, estos pasarán al Vicepresidente, y el Congreso podrá prever por ley para el caso de separación, muerte, renuncia o incapacidad, tanto del Presidente como del Vicepresidente, y declarar que Funcionario desempeñará como Presidente hasta que desaparezca la causa de incapacidad o se elija un Presidente.] ⁷

El Presidente recibirá una remuneración por sus servicios, en las fechas determinadas, la cual no podrá ser aumentada ni disminuida durante el período para el cual él haya sido designado y no podrá recibir durante ese tiempo ningún otro emolumento de parte de los Estados Unidos o de cualquiera de los Estados.

Antes de comenzar a desempeñar su Cargo prestará el siguiente juramento o promesa: “Juro (o prometo) solemnemente que desempeñaré lealmente el cargo de Presidente de los Estados Unidos y que sostendré, protegeré y defenderé la Constitución de los Estados Unidos, al máximo de mis facultades”.

SECCIÓN 2.

El Presidente será comandante en jefe del Ejército y la Marina de los Estados Unidos y de la Reserva Militar de los diversos Estados, cuando se la llame al servicio activo de los Estados Unidos; podrá solicitar la opinión, por escrito, del funcionario principal de cada uno de los departamentos administrativos con relación a cualquier asunto que se relacione con los deberes de sus respectivos cargos, y estará facultado a suspender la ejecución de sentencias y conceder indultos por delitos contra los Estados Unidos, excepto en los casos de Juicios Políticos.

Él tendrá facultad, por y con el consejo y consentimiento del Senado, para celebrar tratados, con tal que den su anuencia dos terceras partes de los Senadores presentes; y propondrá, y con el consejo y consentimiento del Senado, nombrará a Embajadores, demás Ministros públicos y Cónsules, Magistrados de la Corte Suprema de Justicia y todos los demás funcionarios de los Estados Unidos cuya designación no provea este documento en otra forma y que hayan sido establecidos por ley: pero el Congreso podrá, por Ley, conferir el nombramiento de los funcionarios inferiores que considere convenientes, al Presidente solamente, a los Cortes Judiciales o a los Jefes Departamentales.

El Presidente tendrá el derecho de cubrir todas las vacantes que ocurran durante el receso del Senado, extendiendo nombramientos provisionales, que terminarán al final del siguiente período de sesiones.

SECCIÓN 3.

Periódicamente deberá proporcionar al Congreso informes sobre el Estado de la Unión, recomendando a consideración del Congreso, las medidas que él estime necesarias y oportunas; en ocasiones de carácter extraordinario podrá convocar ambas Cámaras o a cualquiera de ellas, y en el supuesto de que discrepen en cuanto a la fecha en que deban entrar en receso, podrá suspender sus sesiones, en la fecha que considere conveniente; recibirá a los Embajadores y otros Ministros públicos; cuidará de que las leyes se ejecuten puntualmente y extenderá los despachos de todos los funcionarios de los Estados Unidos.

SECCIÓN 4.

El Presidente, el Vicepresidente y todos los funcionarios civiles de los Estados Unidos serán separados de sus cargos al ser acusados y declarados culpables en Juicio Político, de traición, cohecho u otros delitos y faltas graves.

ARTICULO III

SECCIÓN 1.

El poder judicial de los Estados Unidos será depositado en una Corte Suprema y en las Cortes inferiores que el Congreso instituya y establezca en lo sucesivo. Los jueces, tanto de la Corte Suprema como de las Cortes inferiores, continuarán en sus funciones mientras observen buena conducta y recibirán en fechas determinadas, una remuneración por sus servicios que no será disminuida durante el tiempo de su encargo.

SECCIÓN 2.

El Poder Judicial entenderá en todas las controversias, tanto de derecho como de equidad, que surjan como consecuencia de esta Constitución, de las leyes de los Estados Unidos y de los tratados celebrados o que se celebren bajo la autoridad de los Estados Unidos; – en todas las controversias que se relacionen con Embajadores, otros Ministros públicos y Cónsules; – en todas las controversias de la jurisdicción marítima y de almirantazgo; -en las controversias en que los Estados Unidos sea una parte; -en las controversias entre dos o más Estados; – [entre un Estado y los ciudadanos de otro], -entre ciudadanos de diferentes Estados, -entre ciudadanos del mismo Estado que reclamen tierras en virtud de concesiones de diferentes Estados, [y entre un Estado o los ciudadanos del mismo y Estados, ciudadanos o súbditos extranjeros.] ⁸

En todos los casos relacionados a Embajadores, otros Ministros públicos y Cónsules, así como en aquellos en que sea parte un Estado, la Corte Suprema poseerá jurisdicción en única instancia. En todos los demás casos que antes se mencionaron la Corte Suprema conocerá en apelación, tanto del derecho como de los hechos, con las excepciones y con arreglo a la reglamentación que formule el Congreso.

Todos los delitos serán juzgados por medio de un jurado excepto en los casos de Juicio Político; y dicho juicio tendrá lugar en el Estado en que el delito se haya cometido; pero cuando no se haya cometido dentro de los límites de ningún Estado, el juicio se celebrará en el lugar o lugares que el Congreso haya dispuesto por ley.

SECCIÓN 3.

Traición contra los Estados Unidos consistirá únicamente en declarar guerra en su contra o en unirse a sus enemigos, impartiéndoles ayuda y protección. A ninguna persona se le condenará por traición si no es con base de la declaración de dos testigos que hayan presenciado el mismo acto perpetrado abiertamente o de una confesión en sesión pública ante una Corte.

El Congreso estará facultado para fijar la pena por traición; pero ninguna condena por traición podrá privar del derecho de transmitir bienes por herencia, ni producirá la confiscación de sus bienes, más allá que en vida de la persona condenada.

ARTICULO IV

SECCIÓN 1.

Se dará completa fe y crédito en cada Estado a las Actas Públicos, Registros y Procedimientos judiciales de todos los demás Estados. Y el Congreso podrá prescribir, mediante leyes generales, la forma en que dichas Actas, Registros y Procedimientos se probarán y el efecto de los mismos.

SECCIÓN 2.

Los ciudadanos de cada Estado tendrán derecho a todos los privilegios e inmunidades de los ciudadanos de los demás Estados.

Una 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, por solicitud de 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.

[Ninguna persona obligada a servir o laborar en un Estado, bajo las leyes de éste, que escape a otro Estado, quedará liberada, a consecuencia de ninguna ley o reglamento de dicho Estado, de dichos servicios o trabajo, sino que serán entregadas al reclamarlo la parte interesada a quien se deba tal servicio o trabajo.] ⁹

SECCIÓN 3.

El Congreso podrá admitir nuevos Estados a esta Unión, pero ningún nuevo Estado podrá formarse o erigirse dentro de los limites de otro Estado, ni un Estado constituirse mediante la unión de dos o más Estados o partes de Estados, sin el consentimiento de las legislaturas de los Estados afectados, así como del Congreso.

El Congreso tendrá facultad para disponer y formular todos los reglamentos y reglas necesarios con respecto al Territorio y otros bienes que pertenezcan a los Estados Unidos, y ninguna parte de esta Constitución será interpretada de manera que cause perjuicio a los derechos reclamados por los Estados Unidos o por cualquier Estado individual.

SECCIÓN 4.

Los Estados Unidos garantizarán a todo Estado de esta Unión una forma de gobierno republicana, y protegerá a cada uno de ellos en contra de invasiones; y a solicitud de la Legislatura, o del Ejecutivo (en caso de que no fuese posible reunir a la legislatura) contra disturbios internos.

ARTICULO V

Siempre que las dos terceras partes de ambas Cámaras lo juzguen necesario, el Congreso propondrá enmiendas a esta Constitución, o, a solicitud de las legislaturas de las dos terceras de los distintos Estados, convocará una Convención con el objeto de que proponga Enmiendas, las cuales, en cualquier caso, poseerán la misma validez como si fueran parte de esta Constitución, para todo efecto, una vez que hayan sido ratificadas por las legislaturas de las tres cuartas partes de los Estados separadamente o por medio de convenciones reunidas en tres cuartos de los mismos, según el Congreso haya propuesto uno u otro modo para la ratificación; y a condición de que ninguna Enmienda que sea hecha antes del año de mil ochocientos ocho, modifique de manera alguna, las cláusulas primera y cuarta de la Sección Novena del Artículo primero; y que a ningún Estado será privado, sin su consentimiento, de igualdad de voto en el Senado.

ARTICULO VI

Todas las deudas contraídas y los compromisos adquiridos antes de la adopción de esta Constitución serán tan válidos en contra de los Estados Unidos bajo esta Constitución, como bajo la Confederación.

Esta Constitución, y las Leyes de los Estados Unidos que se expidan con arreglo a ella; y todos los Tratados celebrados o que se celebren bajo la autoridad de los Estados Unidos, serán la Ley Suprema del país; y los Jueces de cada Estado estarán por lo tanto obligados a observarlos, sin consideración de ningua cosa en contrario en la Constitución o las leyes de cualquier Estado.

Los Senadores y Representantes mencionados, los miembros de las distintas Legislaturas estatales y todos los Funcionarios ejecutivos y judiciales, tanto de los Estados Unidos como de los diversos Estados, se obligarán mediante juramento o promesa a sostener esta Constitución; pero nunca se exigirá una Prueba religiosa como condición para ocupar ningún cargo o mandato público que dependa de los Estados Unidos.

ARTICULO VII

La ratificación por las Convenciones de nueve Estados bastará para que esta Constitución entre en vigencia por lo que respecta a los Estados que la ratifiquen.

Dado en Convención, por consentimiento unánime de los Estados presentes, el día diecisiete de septiembre del año de Nuestro Señor de mil setecientos ochenta y siete, y duodécimo de la Independencia de los Estados Unidos de América. Como testigos de ésta, nosotros firmamos nuestros nombres a continuación,

Go. Washington -Presidente
Y Diputado por Virginia

Nueva Hampshire
John Langdon
Nicholas Gilman

Massachusetts
Nathaniel Gorham
Rufus King

Connecticut
Wm. Saml. Johnson
Roger Sherman

Nueva York
Alexander Hamilton

Nueva Jersey
Wil: Livingston
David Brearley
Wm. Paterson
Jona: Dayton

Pennsylvania
B Franklin
Thomas Mifflin
Robt Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris

Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom

Maryland
James McHenry
Dan of St. Thos. Jenifer
Danl Carroll

Virginia
John Blair-
James Madison Jr.

Carolina del Norte
Wm. Blount
Richd. Dobbs Spaight
Hu Williamson

Carolina del Sur
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler

Georgia
William Few
Abr Baldwin

Testifica William Jackson -Secretario

En Convención Lunes Septiembre 17, 1787

Estando presentes los Estados de Nueva Hampshire, Massachussets, Connecticut, el Sr. Hamilton de Nueva York, Nueva Jersey, Pensilvania, Delaware, Maryland, Virginia, Carolina del Norte, Carolina del Sur y Georgia.

Resuelven,

Que la Constitución que precede sea presentada ante los Estados Unidos reunidos en Congreso, y que es la opinión de esta Convención que sea subsecuentemente enviada a una Convención de Delegados, escogidos en cada Estado por su Pueblo, bajo la recomendación de su Legislatura, para su Consentimiento y Ratificación; y que cada Convención que asienta a, y ratifique la Misma, deba notificar dicha decisión a los Estados Unidos reunidos en Congreso. Resuelven, que es la opinión de esta Convención, que tan pronto como las Convenciones de nueve Estados hayan ratificado esta Constitución, los Estados Unidos reunidos en Congreso deberá fijar la fecha en la cual Electores deberán ser designados por los Estados que hayan ratificado la Misma, y la fecha en el cual los Electores deberán reunirse para votar por Presidente, y el Lugar y Fecha para iniciar Procedimientos bajo esta Constitución. Que después de dicha Publicación los Electores deberán ser designados, y los Senadores y Representantes elegidos: Que los Electores deberán reunirse en la fecha fijada para la Elección de Presidente, y deberán transmitir sus votos certificados, firmados, sellados y dirigidos, como manda la Constitución, la Secretario de los Estados Unidos reunidos en Congreso, que los Senadores y Representantes deberán reunirse en el Lugar y Fecha designados; que los Senadores deberán designar un Presidente del Senado, con el solo propósito de recibir, abrir y contar los Votos por Presidente; y, que luego que él sea elegido, el Congreso, junto con el Presidente, deberá, sin demora alguna, proceder a ejecutar esta Constitución.

Por Orden unánime de la Convención

Go. Washington -Presidente

1. Jackson -Secretario

Enmiendas a La Constitución de Los Estados Unidos

En Septiembre 25 de 1789, el Congreso transmitió a las legislaturas Estatales, doce Enmiendas propuestas, dos de las cuales, teniendo que ver con la representación del Congreso y sueldos del Congreso, no fueron adoptadas. Las diez primeras enmiendas son conocidas como la Declaración de Derechos Fundamentales (Bill of Rights-) y fueron ratificadas con efecto en Diciembre 15 de 1791

Enmienda I

El Congreso no hará ley alguna con respecto a la adopción de una religión o prohibiendo la libertad de culto; o que coarte la libertad de expresión o de la prensa, o el derecho del pueblo para reunirse pacíficamente, y para solicitar al gobierno la reparación de agravios.

Enmienda II

Una Reserva Militar bien regulada, siendo necesaria para la seguridad de un Estado Libre, el derecho del pueblo a poseer y portar armas, no será infringido.

Enmienda III

Ningún militar será, en tiempo de paz alojado en casa alguna, sin el consentimiento del propietario, ni tampoco en tiempo de guerra, como no sea en la forma que prescriba la ley.

Enmienda IV

El derecho del pueblo a la seguridad que sus personas, domicilios, papeles y efectos se hallen a salvo de pesquisas y aprehensiones arbitrarias, será inviolable, y no se expedirán órdenes, excepto con motivo probable, sustentados mediante juramento o promesa, y expresamente describiendo el lugar que será registrado y las personas o cosas que han de ser detenidas o incautadas.

Enmienda V

Nadie estará obligado a responder de un delito castigado con la pena capital u otro delito infame, si un Gran Jurado no lo denuncia o acusa, a excepción de los casos que se presenten en las Fuerzas Terrestres o Navales, o en la Reserva Militar nacional cuando se encuentre en servicio activo en tiempo de Guerra o peligro público; ni podrá persona alguna ser puesta dos veces en peligro grave por el mismo delito a; ni será forzada a declarar en su propia contra en ningún juicio criminal; ni se le privará de la vida, libertad o propiedad sin el debido proceso legal; ni se ocupará la propiedad privada para uso público sin una justa indemnización.

Enmienda VI

En toda causa criminal, el acusado gozará del derecho de ser juzgado pública y expeditamente, por un jurado imparcial del Estado y distrito en que el delito se haya cometido, distrito que habrá sido determinado previamente por la ley; así como de ser informado sobre la naturaleza y causa de la acusación; que se le caree con los testigos en su contra; que se obligue a comparecer a los testigos en su favor y de contar con la ayuda de Accesoria Legal para su defensa.

Enmienda VII

En los juicios de derecho consuetudinario, en que el valor que se discuta exceda de veinte dólares, el derecho a juicio ante un jurado será garantizado, y ningún hecho que haya conocido un jurado será reexaminado en Corte alguna de los Estados Unidos, como no sea con arreglo a las normas del derecho consuetudinario.

Enmienda VIII

No se exigirán fianzas excesivas, ni se impondrán multas excesivas, ni se infligirán castigos crueles e inusuales.

Enmienda IX

La enumeración en la Constitución, de ciertos derechos no ha de interpretarse para negar o menosprecia otros que mantiene el pueblo.

Enmienda X

Los poderes no delegados a los Estados Unidos por la Constitución, ni prohibidos por esta a los Estados, están reservados a los Estados respectivamente, o al pueblo.

Enmienda XI

(Ratificada en febrero 7 de 1795)

El poder judicial de los Estados Unidos no debe interpretarse que se extiende a cualquier litigio de derecho o de equidad que se inicie o prosiga contra uno de los Estados Unidos por ciudadanos de otro Estado o por ciudadanos o súbditos de un Estado extranjero.

Enmienda XII

(Ratificada en junio 15 de 1804)

Los electores se reunirán en sus respectivos Estados y elegirán mediante votación secreta al Presidente y Vicepresidente, uno de los cuales, al menos, no será residente del mismo Estado que ellos; en sus papeletas indicarán la persona a favor de la cual votan para Presidente y en papeletas diferentes la persona que eligen para Vicepresidente, y formarán listas separadas de todas las personas que reciban votos para Presidente y de todas las personas que reciban votos para Vicepresidente y del número de votos que corresponda a cada una, y firmarán y certificarán las referidas listas y las remitirán selladas a la sede de gobierno de los Estados Unidos, dirigidas al Presidente del Senado; -El Presidente del Senado abrirá todos los certificados en presencia del Senado y de la Cámara de Representantes, y los votos serán contados; -La persona que tenga el mayor número de votos para Presidente se convertirá en Presidente, siempre que dicho número represente la mayoría de todos los electores nombrados; y si ninguna persona tiene mayoría, entonces de entre las tres personas que tengan el mayor número de votos para Presidente, la Cámara de Representantes, mediante voto secreto, escogerá inmediatamente al Presidente. Debe tenerse presente que al elegir al Presidente la votación se hará por Estados y que la representación de cada Estado gozará de un voto; que para este objeto habrá quórum cuando estén presentes uno o más miembros que representen a las dos terceras partes de los Estados y que será necesaria mayoría de todos los Estados para una elección. (Y si la Cámara de Representantes no eligiere Presidente, en los casos en que pase a ella el derecho de escogerlo, antes del día cuatro de marzo inmediato siguiente, entonces el Vicepresidente actuará como Presidente, de la misma manera que en el caso de muerte o de otro impedimento constitucional del Presidente–)* La persona que obtenga el mayor número de votos para Vicepresidente será Vicepresidente, siempre que dicho número represente la mayoría de todos los electores nombrados, y si ninguna persona reúne la mayoría, entonces el Senado escogerá al Vicepresidente entre las dos con mayor cantidad de votos que figuren en la lista; para este objeto habrá quórum con las dos terceras partes del número total de Senadores y será necesaria la mayoría del número total para una elección. Pero ninguna persona inelegible para el cargo de Presidente con arreglo a la Constitución será elegible para el de Vicepresidente de los Estados Unidos.

* remplazado por la tercera sección de la Enmienda XX

Enmienda XIII

(Ratificada en diciembre 6, 1865)

SECCIÓN 1.

Ni esclavitud ni trabajo forzado, excepto como castigo de un delito del que el responsable haya sido debidamente condenado, existirá dentro de los Estados Unidos ni en ningún lugar sujeto a su jurisdicción.

Sección 2.

El Congreso estará facultado para hacer cumplir este artículo por medio de leyes apropiadas.

Enmienda XIV

(Ratificada en julio 9, 1868)

SECCIÓN 1.

Todas las personas nacidas o naturalizadas en los Estados Unidos y sometidas a su jurisdicción son ciudadanos de los Estados Unidos y del Estado en que residen. Ningún Estado podrá dictar ni imponer ley alguna que limite los privilegios o inmunidades de los ciudadanos de los Estados Unidos; ni podrá Estado alguno privar a cualquier persona de la vida, libertad o propiedad sin el debido proceso legal; ni negar a cualquier persona que se encuentre bajo su jurisdicción igual protección de las leyes.

SECCIÓN 2.

Los Representantes se distribuirán proporcionalmente entre los diversos Estados de acuerdo con su respectiva población, en la que se tomará en cuenta el número total de personas en cada Estado, con excepción de los Indígenas que no paguen impuestos. Pero cuando el derecho a votar en elección alguna para escoger los electores para Presidente y Vicepresidente de los Estados Unidos, a los Representantes del Congreso, a los funcionarios ejecutivos y judiciales de un Estado o a los miembros de su legislatura es negado a cualquiera de los habitantes varones de dicho Estado, que tengan veintiún años de edad * y sean ciudadanos de los Estados Unidos, o de cualquier manera disminuida, excepto con motivo de su participación en una rebelión o en algún otro delito, la base de la representación de dicho Estado se reducirá en la misma proporción que el número de dichos ciudadanos varones tenga con el número total de ciudadanos varones de veintiún años en este Estado.

SECCIÓN 3.

No podrá ser Senador o Representante del Congreso, o elector para Presidente y Vicepresidente, u ocupar ningún cargo civil ni militar, que dependa de los Estados Unidos, o de cualquiera de los Estados, ninguna persona que, habiendo previamente prestado juramento como miembro del Congreso, o como funcionarios de los Estados Unidos, o como miembros de cualquier legislatura estatal, o como funcionarios ejecutivos o judiciales de cualquier Estado, de que soportarían la Constitución de los Estados Unidos, haya participado de una insurrección o rebelión en contra de los mismos, o haya proporcionando ayuda o protección a sus enemigos. Pero el Congreso puede derogar tal interdicción por el voto de las dos terceras partes de cada Cámara.

SECCIÓN 4.

La validez de la deuda pública de los Estados Unidos, que este autorizada por la ley, incluyendo las deudas contraídas para el pago de pensiones y recompensas por servicios prestados al sofocar insurrecciones o rebeliones, será incuestionable. Pero ni los Estados Unidos ni ningún Estado asumirán ni pagarán deuda u obligación alguna contraídas en ayuda de insurrecciones o rebeliones contra los Estados Unidos, como tampoco reclamación alguna con motivo de la pérdida o emancipación de esclavos, pues todas las deudas, obligaciones y reclamaciones de esa especie se considerarán ilegales y nulas.

SECCIÓN 5.

El Congreso tendrá facultades para hacer cumplir las disposiciones de este artículo por medio de leyes apropiadas.

* Cambiada por la sección 1 de la Enmienda XXVI

Enmienda XV

(Ratificada en febrero 3, 1870)

SECCIÓN 1.

El derecho de los ciudadanos de los Estados Unidos al voto no será negado o menoscabado por los Estados Unidos, ni por ningún Estado, por motivos de raza, color o anterior condición de esclavitud. Sección 2.

El Congreso estará facultado para hacer cumplir este artículo mediante leyes apropiadas.

Enmienda XVI

(Ratificada en febrero 3, 1913)

Nota: la sección 9 del Artículo I de la Constitución, fue modificada por la Enmienda XVI

El Congreso tendrá facultades para establecer y recaudar impuestos sobre los ingresos, sea cual fuere la fuente de que provengan, sin prorratearlos entre los diferentes Estados y sin tomar en consideración ningún censo o enumeración.

Enmienda XVII

(Ratificada en abril 8, 1913)

Nota: la sección 3 del Artículo I de la Constitución, fue modificada por la Enmienda XVII

El Senado de los Estados Unidos se compondrá de dos Senadores por cada Estado, elegidos por los habitantes del mismo por seis años; y cada Senador tendrá un voto. Los electores de cada Estado deberán poseer las condiciones requeridas para los electores de la rama más numerosa de la legislatura del Estado.

Cuando ocurran vacantes en la representación de cualquier Estado en el Senado, la autoridad Ejecutiva de aquel Estado convocará a elecciones para cubrir dichas vacantes: Estipulado, que la legislatura de cualquier Estado puede autorizar a su Ejecutivo a hacer un nombramiento provisional hasta que las vacantes sean cubiertas mediante elecciones en la forma que disponga la legislatura.

Esta enmienda no será interpretada para afectar la elección o período de cualquier Senador elegido antes de que adquiera validez como parte integrante de la Constitución.

Enmienda XVIII

(Ratificada en enero 16, 1919. Derogada por la Enmienda XXI)

SECCIÓN 1.

Un año después de la ratificación de este artículo quedará prohibida por la presente, la fabricación, venta o transportación de licores embriagantes dentro de los Estados Unidos y de todos los territorios sometidos a su jurisdicción, así como su importación a los mismos o su exportación de ellos, con el propósito de usarlos como bebidas.

SECCIÓN 2.

El Congreso y los diversos Estados poseerán facultades concurrentes para hacer cumplir este artículo mediante leyes apropiadas.

SECCIÓN 3.

Este artículo no entrará en vigor a menos que sea ratificado con el carácter de enmienda a la Constitución por las legislaturas de los distintos Estados en la forma prevista por la Constitución y dentro de los siete años siguientes a la fecha en que el Congreso lo someta a los Estados.

Enmienda XIX

(Ratificada en agosto 18, 1920)

El derecho de los ciudadanos de los Estados Unidos al voto no será negado o menoscabado por los Estados Unidos, ni por ningún Estado, por motivos de sexo.

El Congreso estará facultado para hacer cumplir este artículo por medio de leyes apropiadas.

Enmienda XX

(Ratificada en enero 23, 1933)

SECCIÓN 1.

Los períodos del Presidente y el Vicepresidente terminarán al medio día del veinte de enero, y los períodos de los Senadores y Representantes al medio día del tres de enero, de los años en que dichos períodos habrían terminado si este artículo no hubiera sido ratificado, y en ese momento iniciarán los períodos de sus sucesores.

SECCIÓN 2.

El Congreso se reunirá, cuando menos, una vez cada año y dicho período de sesiones se iniciará al mediodía del tres de enero, a no ser que por medio de una ley fije una fecha diferente.

SECCIÓN 3.

Si al momento fijado para el comienzo del período presidencial, el Presidente electo hubiera muerto, el Vicepresidente electo se convertirá en Presidente. Si no se hubiere elegido un Presidente antes del momento fijado para el comienzo de su período, o si el Presidente electo no calificare, entonces el Vicepresidente electo desempeñará como Presidente, hasta que el Presidente haya calificado; y el Congreso podrá prever por medio de una ley para el caso de que ni el Presidente electo ni el Vicepresidente electo calificaren, declarando quien hará las veces de Presidente en ese supuesto, o la forma en que se escogerá a la persona que habrá de actuar como tal, y la referida persona actuará con ese carácter hasta un Presidente o un Vicepresidente haya calificado.

SECCIÓN 4.

El Congreso podrá prever mediante una ley para el caso que muera cualquiera de las personas de entre las cuales la Cámara de Representantes podrá para elegir un Presidente cuando el derecho de elección le haya sido delegado, así como el caso de que muera alguna de las personas entre las cuales el Senado está facultado para escoger Vicepresidente cuando el derecho de elección le haya sido delegado.

SECCIÓN 5.

Las secciones 1 y 2 entrarán en vigor el día quince de octubre siguiente a la ratificación de este artículo.

SECCIÓN 6.

Este artículo quedará sin efecto a menos que sea ratificado como Enmienda a la Constitución por las legislaturas de las tres cuartas partes de los distintos Estados, dentro de los siete años posteriores a la fecha de su sumisión.

Enmienda XXI

(Ratificada en diciembre 5, 1933)

SECCIÓN 1.

Queda derogado por el presente el decimoctavo artículo de enmienda a la Constitución de los Estados Unidos.

SECCIÓN 2.

Se prohíbe por el presente la transportación o importación de licores intoxicantes a cualquier Estado, Territorio o posesión de los Estados Unidos, para ser entregados o utilizados en su interior con violación de sus respectivas leyes.

SECCIÓN 3.

Este artículo quedará sin efecto a menos que sea ratificado como enmienda a la Constitución por convenciones en los diversos Estados, en la forma prevista por la Constitución, dentro de los siete años siguientes a la fecha en que el Congreso lo someta a los Estados.

Enmienda XXII

(Ratificada en febrero 27, 1951)

SECCIÓN 1.

Ninguna persona sera elegida para el cargo de Presidente más de dos veces, y ninguna persona que haya desempeñado dicho cargo o que haya actuado como Presidente durante más de dos años de un período para el que se haya elegido a otra persona como Presidente, será elegida para el cargo de Presidente más de una vez. Pero el presente artículo no se aplicará a ninguna persona que ocupe el cargo de Presidente cuando este artículo fue propuesto por el Congreso, ni impedirá que la persona que desempeñe dicho cargo o que actúe como Presidente, durante el período en que el repetido artículo entre en vigor, desempeñe el puesto de Presidente o actúe como tal durante el resto del referido período.

SECCIÓN 2.

Este artículo quedará sin efecto a menos que las legislaturas de tres cuartas partes de los diversos Estados lo ratifiquen como enmienda a la Constitución dentro de los siete años siguientes a la fecha en que el Congreso los someta a los Estados.

Enmienda XXIII

(Ratificada en marzo 29, 1961)

SECCIÓN 1.

El distrito que constituya la Sede del Gobierno de los Estados Unidos nombrará, según disponga el Congreso: Un número de electores para elegir al Presidente y al Vicepresidente, igual al número total de Senadores y Representantes ante el Congreso al que el Distrito tuviera derecho si fuere un Estado, pero en ningún caso será dicho número mayor que el del Estado de menos población; estos electores se sumarán al número de aquellos electores nombrados por los Estados, pero para fines de la elección del Presidente y del Vicepresidente, serán considerados como electores nombrados por un Estado; y celebrarán sus reuniones en el Distrito y cumplirán con los deberes que se estipulan en la Enmienda XII.

SECCIÓN 2.

El Congreso queda facultado para poner en vigor este artículo por medio de legislación adecuada.

Enmienda XXIV

(Ratificada en enero 23, 1964)

SECCIÓN 1.

El derecho de los ciudadanos de los Estados Unidos a votar en cualquier elección primaria u otra elección para Presidente o Vicepresidente, para electores para Presidente o Vicepresidente, o para Senador o Representante ante el Congreso, no sera negado o coartado por los Estados Unidos ni Estado alguno por motivo de no haber pagado un impuesto electoral o cualquier otro impuesto.

SECCIÓN 2.

El Congreso queda facultado para poner en vigor este artículo por medio de legislación adecuada.

Enmienda XXV

(Ratificada en febrero 10, 1967)

SECCIÓN 1.

En caso de que el Presidente sea depuesto de su cargo, o de su muerte o renuncia, el Vicepresidente se convertirá en Presidente.

SECCIÓN 2.

Cuando el puesto de Vicepresidente estuviera vacante, el Presidente nombrará un Vicepresidente que tomará posesión de su cargo luego de ser confirmado por voto mayoritario de ambas Cámaras del Congreso.

SECCIÓN 3.

Cuando el Presidente transmitiera al Presidente pro tempore del Senado y al Presidente de la Cámara de Representantes su declaración escrita de que está imposibilitado de desempeñar los derechos y deberes de su cargo, y mientras no transmitiera a ellos una declaración escrita en sentido contrario, tales derechos y deberes serán desempeñados por el Vicepresidente como Presidente interino.

SECCIÓN 4.

Cuando el Vicepresidente y una mayoría de los principales funcionarios de los departamentos ejecutivos o de cualquier otra organización que el Congreso autorizara por ley, trasmitieran al Presidente pro tempore del Senado y al Presidente de la Cámara de Representantes su declaración escrita de que el Presidente esta imposibilitado de ejercer los derechos y deberes de su cargo, el Vicepresidente asumirá inmediatamente los derechos y deberes del cargo como Presidente interino.

Cuando más tarde el Presidente transmitiera al Presidente pro tempore del Senado y al Presidente la Cámara de Representantes su declaración escrita que no existe imposibilidad alguna, él asumirá de nuevo los derechos y deberes de su cargo, a menos que el Vicepresidente y una mayoría de los funcionarios principales de los departamentos ejecutivos o de cualquier otra organización que el Congreso haya autorizado, por ley transmitieran en el término de cuatro días al Presidente pro tempore del Senado y al Presidente la Cámara de Representantes su declaración escrita de que el Presidente está imposibilitado de ejercer los derechos y deberes de su cargo. En este caso, el Congreso decidirá la solución a adoptarse, para lo cual se reunirá en el término de cuarenta y ocho horas, si no estuviera en sesión. Sí el Congreso, en el término de veintiún días de recibida la ulterior declaración escrita o, de no estar en sesión, dentro de los veintiún días de haber sido convocado a reunirse, determinará por voto de las dos terceras partes de ambas Cámaras que el Presidente está imposibilitado de ejercer los derechos y deberes de su cargo, el Vicepresidente continuará desempeñando el cargo como Presidente interino; caso contrario, el Presidente reanudará los derechos y deberes de su cargo.

Enmienda XXVI

(Ratificada en julio 1, 1971)

SECCIÓN 1.

El derecho a votar, de los ciudadanos de los Estado Unidos mayores de dieciocho años de edad, no será negado o reducido ni por los Estados Unidos ni por Estado alguno a causa de la edad.

SECCIÓN 2.

El Congreso tendrá poder para hacer valer este artículo mediante la legislación adecuada.

Enmienda XXVII

(Ratificada en mayo7, 1992) *

Ninguna ley que varíe la remuneración de los servicios de los Senadores y Representantes tendrá efecto hasta después de que se haya realizado una elección de Representantes.

* El Congreso presentó el texto de la XXVII Enmienda a los Estados como parte integrante de la propuesta Declaración de Derechos Fundamentales en septiembre 25, 1789. La enmienda no fue ratificada junto con las primeras diez Enmiendas, los cuales se hicieron efectivos en diciembre 15,1791. La enmienda XXVII fue ratificada en mayo 7, 1992, con el voto de Michigan.

 

Source:  https://constitutioncenter.org/learn/educational-resources/historical-documents/the-constitution-of-the-united-states-html-en-espanol

 

Passed by Congress September 25, 1789. Ratified December 15, 1791.

The first 10 amendments to the Constitution, known as the Bill of Rights, guarantee essential rights and civil liberties, such as the right to free speech, the right to bear arms, and the right to a fair trial, as well as protecting the role of the states in American government.

During the ratification debates over the Constitution, Thomas Jefferson wrote to James Madison that “a bill of rights is what the people are entitled to against every government on earth.” Madison replied, in a letter of October, 1787, that he did not think the new government and Constitution were defective without a formal bill of rights, but agreed that its addition could be useful for securing liberty on occasions in the future. Americans would come to view a bill of rights, he wrote, as embodying the “fundamental maxims of free government” to which they could appeal on those occasions when government overstepped its constitutional bounds. In this, Madison predicted with great insight just how much the Bill of Rights would come to inform the constitutional mind of the American people.

Partial Source:  Edited from TeachingAmericanHistory.org

 

The Bill of Rights: A Transcription

Note: The following text is a transcription of the enrolled original of the Joint Resolution of Congress proposing the Bill of Rights, which is on permanent display in the Rotunda at the National Archives Museum. The spelling and punctuation reflects the original.

On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. The 1789 Joint Resolution of Congress proposing the amendments is on display in the Rotunda in the National Archives Museum. Ten of the proposed 12 amendments were ratified by three-fourths of the state legislatures on December 15, 1791. The ratified Articles (Articles 3–12) constitute the first 10 amendments of the Constitution, or the U.S. Bill of Rights. In 1992, 203 years after it was proposed, Article 2 was ratified as the 27th Amendment to the Constitution. Article 1 was never ratified.

Transcription of the 1789 Joint Resolution of Congress Proposing 12 Amendments to the U.S. Constitution

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Article the first… After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.

Article the second… No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

Article the third… 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.

Article the fourth… A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Article the fifth… No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Article the sixth… The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article the seventh… No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article the eighth… In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Article the ninth… In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Article the tenth… Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article the eleventh… The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article the twelfth… The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

ATTEST,

Frederick Augustus Muhlenberg, Speaker of the House of Representatives
John Adams, Vice-President of the United States, and President of the Senate
John Beckley, Clerk of the House of Representatives.
Sam. A Otis Secretary of the Senate

The U.S. Bill of Rights

The Preamble to The Bill of Rights

Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the “Bill of Rights.”

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.

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.

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.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

 

Source: http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html

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The first 10 amendments are known collectively as the Bill of Rights. Another cluster of amendments was passed following the Civil War and sought to enshrine the rights of the newly freed slaves. The United States Constitution now has 25 functioning amendments. There have been 27 ratified in total, but one of these, the 18th, was Prohibition and another, the 21st, was the repeal of Prohibition.

 The Constitution of the United States provides two methods for making amendments. Only one has ever been used. The United States Congress can pass a bill setting out a proposed amendment by a vote of two thirds in each body. Or a constitutional convention can be convened by a vote of two thirds of the state legislatures, which will propose one or more amendments. This has never happened and its unclear exactly how such a constitutional convention would operate.

In either case, the amendments to the U.S. Constitution only become effective after being ratified by 3/4 of the states. Some amendments are quickly ratified. The 27th Amendment (regarding compensation for the services of the Congress), on the other hand, was proposed in 1792 and did not achieve final ratification until 1992. Unlike all proposed amendments since Prohibition, this amendment had no deadline.

Source:  Edited from https://www.u-s-history.com/pages/h926.html

 

 

Bill of Rights and Later Amendments to the Constitution of the United States of America

 

Original Ten Amendments: The Bill of Rights

Passed by Congress September 25, 1789.
Ratified December 15, 1791.

Amendment I

Freedoms, Petitions, Assembly

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.

Amendment II

Right to bear arms

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.

Amendment III

Quartering of soldiers

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.

Amendment IV

Search and arrest

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

Rights in criminal cases

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

Right to a fair trial

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Amendment VII

Rights in civil cases

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Bail, fines, punishment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

Rights retained by the People

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Amendment X

States’ rights

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Later Amendments

Amendment 11

Lawsuits against states

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.

February 7, 1795.

Amendment 12

Presidential elections

The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of 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 the case of the death or other constitutional disability of the President.]^* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

June 15, 1804.
Superseded by Section 3 of the Twentieth Amendment.

Amendment 13

Abolition of slavery

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 these article by appropriate legislation.

December 6, 1865.

Amendment 14

Civil rights

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 power to enforce, by appropriate legislation, the provisions of this article.

July 9, 1868.

Amendment 15

Black suffrage

Section 1. 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 race, color, or previous condition of servitude.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

February 3, 1870.

Amendment 16

Income taxes

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.

February 3, 1913.

Amendment 17

Senatorial elections

The Senate of the United States shall be composed of two senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature.

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.

April 8, 1913.

Amendment 18

Prohibition of liquor

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.

January 16, 1919. Repealed by the Twenty-First, December 5, 1933.

Amendment 19

Women’s suffrage

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any States on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

August 18, 1920.

Amendment 20

Terms of office

Section 1. The terms of the President and Vice President shall end at noon 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 elect 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.

January 23, 1933.

Amendment 21

Repeal of Prohibition

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. The 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.

December 5, 1933.

Amendment 22

Term Limits for the Presidency

Section 1. No person shall be elected to the office of the President more than twice, and no person 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 the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the 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.

February 27, 1951.

Amendment 23

Washington, D.C., suffrage

Section 1. The District constituting the seat of government of the United States shall appoint in such manner as the 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.

March 29, 1961.

Amendment 24

Abolition of poll taxes

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 any poll tax or other tax.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

January 23, 1964.

Amendment 25

Presidential succession

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 the executive 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 by two-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.

February 10, 1967.

Amendment 26

18-year-old suffrage

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.

June 30, 1971.

Amendment 27

Congressional pay raises

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

May 7, 1992. (Note: Congress submitted the text of this amendment as part of the proposed Bill of Rights on September 27, 1789. The Amendment was not ratified together with the first ten Amendments.)

 

Source:   http://www.ushistory.org/documents/amendments.htm

 

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By the turn of the 19th century, the United States was looking to expand. The roots of Manifest Destiny were taking hold, and Americans seemed to have an unquenchable thirst for land. When Napoleon needed cash to fund his wars in Europe, Thomas Jefferson jumped at the opportunity to buy the Louisiana Territory.

The Louisiana Purchase Treaty was the first step in America’s drive to fulfill its Manifest Destiny and develop the nation from the Atlantic to the Pacific. The new territory purchase doubled the size and power of the nation.

The United States purchased the Louisiana Territory from France at a price of $15 million, or approximately four cents an acre. The ratification of the Louisiana Purchase treaty by the Senate on October 20, 1803, doubled the size of the United States and opened up the continent to its westward expansion.

 

Source:  Edited from https://www.loc.gov/rr/program/bib/ourdocs/louisiana.html

 

The Louisiana Purchase Treaty

TRANSCRIPTIONS

Note: The three documents transcribed here are the treaty of cession and two conventions, one for the payment of 60 million francs ($11,250,000), the other for claims American citizens had made against France for 20 million francs ($3,750,000).

TREATY BETWEEN
THE UNITED STATES OF AMERICA
AND THE FRENCH REPUBLIC

The President of the United States of America and the First Consul of the French Republic in the name of the French People desiring to remove all Source of misunderstanding relative to objects of discussion mentioned in the Second and fifth articles o f the Convention of the 8th Vendé miaire an 9/30 September 1800 relative to the rights claimed by the United States in virtue of the Treaty concluded at Madrid the 27 of October 1795, between His Catholic Majesty & the Said United States, & willing to Strengthen the union and friendship which at the time of the Said Convention was happily reestablished between the two nations have respectively named their Plenipotentiaries to wit The President of the United States, by and with the advice and consent o f the Senate of the Said States; Robert R. Livingston Minister Plenipotentiary of the United States and James Monroe Minister Plenipotentiary and Envoy extraordinary of the Said States near the Government of the French Republic; And the First Consul in th e name of the French people, Citizen Francis Barbé Marbois Minister of the public treasury who after having respectively exchanged their full powers have agreed to the following Articles.

Article I

Whereas by the Article the third of the Treaty concluded at St Ildefonso the 9th Vendé miaire an 9/1st October 1800 between the First Consul of the French Republic and his Catholic Majesty it was agreed as follows.

“His Catholic Majesty promises and engages on his part to cede to the French Republic six months after the full and entire execution of the conditions and Stipulations herein relative to his Royal Highness the Duke of Parma, the Colony or Province of Louisiana with the Same extent that it now has in the hand of Spain, & that it had when France possessed it; and Such as it Should be after the Treaties subsequently entered into between Spain and other States.”

And whereas in pursuance of the Treaty and particularly of the third article the French Republic has an incontestible title to the domain and to the possession of the said Territory–The First Consul of the French Republic desiring to give to the Unit ed States a strong proof of his friendship doth hereby cede to the United States in the name of the French Republic for ever and in full Sovereignty the said territory with all its rights and appurtenances as fully and in the Same manner as they have bee n acquired by the French Republic in virtue of the above mentioned Treaty concluded with his Catholic Majesty.

Art: II

In the cession made by the preceeding article are included the adjacent Islands belonging to Louisiana all public lots and Squares, vacant lands and all public buildings, fortifications, barracks and other edifices which are not private property.–The Archives, papers & documents relative to the domain and Sovereignty of Louisiana and its dependances will be left in the possession of the Commissaries of the United States, and copies will be afterwards given in due form to the Magistrates and Municipal officers of such of the said papers and documents as may be necessary to them.

Art: III

The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all these rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.

Art: IV

There Shall be Sent by the Government of France a Commissary to Louisiana to the end that he do every act necessary as well to receive from the Officers of his Catholic Majesty the Said country and its dependances in the name of the French Republic if it has not been already done as to transmit it in the name of the French Republic to the Commissary or agent of the United States.

Art: V

Immediately after the ratification of the present Treaty by the President of the United States and in case that of the first Consul’s shall have been previously obtained, the commissary of the French Republic shall remit all military posts of New Orl eans and other parts of the ceded territory to the Commissary or Commissaries named by the President to take possession–the troops whether of France or Spain who may be there shall cease to occupy any military post from the time of taking possession and shall be embarked as soon as possible in the course of three months after the ratification of this treaty.

Art: VI

The United States promise to execute Such treaties and articles as may have been agreed between Spain and the tribes and nations of Indians until by mutual consent of the United States and the said tribes or nations other Suitable articles Shall have been agreed upon.

Art: VII

As it is reciprocally advantageous to the commerce of France and the United States to encourage the communication of both nations for a limited time in the country ceded by the present treaty until general arrangements relative to commerce of both nat ions may be agreed on; it has been agreed between the contracting parties that the French Ships coming directly from France or any of her colonies loaded only with the produce and manufactures of France or her Said Colonies; and the Ships of Spain coming directly from Spain or any of her colonies loaded only with the produce or manufactures of Spain or her Colonies shall be admitted during the Space of twelve years in the Port of New-Orleans and in all other legal ports-of-entry within the ceded territory in the Same manner as the Ships of the United States coming directly from France or Spain or any of their Colonies without being Subject to any other or greater duty on merchandize or other or greater tonnage than that paid by the citizens of the United. States.

During that Space of time above mentioned no other nation Shall have a right to the Same privileges in the Ports of the ceded territory–the twelve years Shall commence three months after the exchange of ratifications if it Shall take place in France or three months after it Shall have been notified at Paris to the French Government if it Shall take place in the United States; It is however well understood that the object of the above article is to favour the manufactures, Commerce, freight and naviga tion of France and of Spain So far as relates to the importations that the French and Spanish Shall make into the Said Ports of the United States without in any Sort affecting the regulations that the United States may make concerning the exportation of t he produce and merchandize of the United States, or any right they may have to make Such regulations.

Art: VIII

In future and for ever after the expiration of the twelve years, the Ships of France shall be treated upon the footing of the most favoured nations in the ports above mentioned.

Art: IX

The particular Convention Signed this day by the respective Ministers, having for its object to provide for the payment of debts due to the Citizens of the United States by the French Republic prior to the 30th Sept. 1800 (8th Vendé miaire an 9) is approved and to have its execution in the Same manner as if it had been inserted in this present treaty, and it Shall be ratified in the same form and in the Same time So that the one Shall not be ratified distinct from the other.

Another particular Convention Signed at the Same date as the present treaty relative to a definitive rule between the contracting parties is in the like manner approved and will be ratified in the Same form, and in the Same time and jointly.

Art: X

The present treaty Shall be ratified in good and due form and the ratifications Shall be exchanged in the Space of Six months after the date of the Signature by the Ministers Plenipotentiary or Sooner if possible.

In faith whereof the respective Plenipotentiaries have Signed these articles in the French and English languages; declaring nevertheless that the present Treaty was originally agreed to in the French language; and have thereunto affixed their Seals.

Done at Paris the tenth day of Floreal in the eleventh year of the French Republic; and the 30th of April 1803.

Robt R Livingston [seal]

 Jas. Monroe [seal]

Barbé  Marbois [seal]

A CONVENTION BETWEEN 
THE UNITED STATES OF AMERICA
AND THE FRENCH REPUBLIC

The President of the United States of America and the First Consul of the French Republic in the name of the French people, in consequence of the treaty of cession of Louisiana which has been Signed this day; wishing to regulate definitively every thing which has relation to the Said cession have authorized to this effect the Plenipotentiaries, that is to say the President of the United States has, by and with the advice and consent of the Senate of the Said States, nominated for their Plenipoten tiaries, Robert R. Livingston, Minister Plenipotentiary of the United States, and James Monroe, Minister Plenipotentiary and Envoy-Extraordinary of the Said United States, near the Government of the French Republic; and the First Consul of the French Republic, in the name of the French people, has named as Pleniopotentiary of the Said Republic the citizen Francis Barbé Marbois: who, in virtue of their full powers, which have been exchanged this day, have agreed to the followings articles:

Art: 1

The Government of the United States engages to pay to the French government in the manner Specified in the following article the sum of Sixty millions of francs independant of the Sum which Shall be fixed by another Convention for the payment of the debts due by France to citizens of the United States.

Art: 2

For the payment of the Sum of Sixty millions of francs mentioned in the preceeding article the United States shall create a Stock of eleven millions, two hundred and fifty thousand Dollars bearing an interest of Six per cent: per annum payable half y early in London Amsterdam or Paris amounting by the half year to three hundred and thirty Seven thousand five hundred Dollars, according to the proportions which Shall be determined by the french Govenment to be paid at either place: The principal of t he Said Stock to be reimbursed at the treasury of the United States in annual payments of not less than three millions of Dollars each; of which the first payment Shall commence fifteen years after the date of the exchange of ratifications:–this Stock Shall be transferred to the government of France or to Such person or persons as Shall be authorized to receive it in three months at most after the exchange of ratifications of this treaty and after Louisiana Shall be taken possession of the name of the Government of the United States.

It is further agreed that if the french Government Should be desirous of disposing of the Said Stock to receive the capital in Europe at Shorter terms that its measures for that purpose Shall be taken So as to favour in the greatest degree possible the credit of the United States, and to raise to the highest price the Said Stock.

Art 3

It is agreed that the Dollar of the United States Specified in the present Convention shall be fixed at five francs 3333/100000 or five livres eight Sous tournois.

The present Convention Shall be ratified in good and due form, and the ratifications Shall be exchanged the Space of Six months to date from this day or Sooner it possible.

In faith of which the respective Plenipotentiaries have Signed the above articles both in the french and english languages, declaring nevertheless that the present treaty has been originally agreed on and written in the french language; to which they have hereunto affixed their Seals.

Done at Paris the tenth of Floreal eleventh year of the french Republic/ 
30th April 1803 ./

Robt R Livingston [seal]

Jas. Monroe [seal]

Barbé  Marbois [seal]

CONVENTION BETWEEN
THE UNITED STATES OF AMERICA
AND THE FRENCH REPUBLIC

The President of the United States of America and the First Consul of the French Republic in the name of the French People having by a Treaty of this date terminated all difficulties relative to Louisiana, and established on a Solid foundation the fri endship which unites the two nations and being desirous in complyance with the Second and fifth Articles of the Convention of the 8th Vendé miaire ninth year of the French Republic (30th September 1800) to Secure the payment of the Sums due by France to the citizens of the United States have respectively nominated as Plenipotentiaries that is to Say The President of the United States of America by and with the advise and consent of their Senate Robert R. Livingston Minister Plenipotentiary and James Monroe Minister Plenipotentiary and Envoy Extraordinary of the Said States near the Government of the French Republic: and the First Consul in the name of the French People the Citizen Francis Barbé Marbois Minister of the public treasury; who after having exchanged their full powers have agreed to the following articles.

Art: 1

The debts due by France to citizens of the United States contracted before the 8th Vendé miaire ninth year of the French Republic/30th September 1800/ Shall be paid according to the following regulations with interest at Six per Cent; to commence from the period when the accounts and vouchers were presented to the French Government.

Art: 2

The debts provided for by the preceeding Article are those whose result is comprised in the conjectural note annexed to the present Convention and which, with the interest cannot exceed the Sum of twenty millions of Francs. The claims comprised in the Said note which fall within the exceptions of the following articles, Shall not be admitted to the benefit of this provision.

Art: 3

The principal and interests of the Said debts Shall be discharged by the United States, by orders drawn by their Minister Plenipotentiary on their treasury, these orders Shall be payable Sixty days after the exchange of ratifications of the Treaty and the Conventions Signed this day, and after possession Shall be given of Louisiana by the Commissaries of France to those of the United States.

Art: 4

It is expressly agreed that the preceding articles Shall comprehend no debts but Such as are due to citizens of the United States who have been and are yet creditors of France for Supplies for embargoes and prizes made at Sea, in which the appeal has been properly lodged within the time mentioned in the Said Convention 8th Vendé miaire ninth year, /30th Sept 1800/

Art: 5

The preceding Articles Shall apply only, First: to captures of which the council of prizes Shall have ordered restitution, it being well understood that the claimant cannot have recourse to the United States otherwise than he might have had to the Go vernment of the French republic, and only in case of insufficiency of the captors–2d the debts mentioned in the Said fifth Article of the Convention contracted before the 8th Vendé miaire an 9/30th September 1800 the payment of which has been heretof ore claimed of the actual Government of France and for which the creditors have a right to the protection of the United States;– the Said 5th Article does not comprehend prizes whose condemnation has been or Shall be confirmed: it is the express intenti on of the contracting parties not to extend the benefit of the present Convention to reclamations of American citizens who Shall have established houses of Commerce in France, England or other countries than the United States in partnership with foreigner s, and who by that reason and the nature of their commerce ought to be regarded as domiciliated in the places where Such house exist.–All agreements and bargains concerning merchandize, which Shall not be the property of American citizens, are equally ex cepted from the benefit of the said Conventions, Saving however to Such persons their claims in like manner as if this Treaty had not been made.

Art: 6

And that the different questions which may arise under the preceding article may be fairly investigated, the Ministers Plenipotentiary of the United States Shall name three persons, who Shall act from the present and provisionally, and who shall have full power to examine, without removing the documents, all the accounts of the different claims already liquidated by the Bureaus established for this purpose by the French Republic, and to ascertain whether they belong to the classes designated by the pr esent Convention and the principles established in it or if they are not in one of its exceptions and on their Certificate, declaring that the debt is due to an American Citizen or his representative and that it existed before the 8th Vendé miaire 9th year/30 September 1800 the debtor shall be entitled to an order on the Treasury of the United States in the manner prescribed by the 3d Article.

Art: 7

The Same agents Shall likewise have power, without removing the documents, to examine the claims which are prepared for verification, and to certify those which ought to be admitted by uniting the necessary qualifications, and not being comprised in t he exceptions contained in the present Convention.

Art: 8

The Same agents Shall likewise examine the claims which are not prepared for liquidation, and certify in writing those which in their judgement ought to be admitted to liquidation.

Art: 9

In proportion as the debts mentioned in these articles Shall be admitted they Shall be discharged with interest at Six per Cent: by the Treasury of the United States.

Art: 10

And that no debt shall not have the qualifications above mentioned and that no unjust or exorbitant demand may be admitted, the Commercial agent of the United States at Paris or such other agent as the Minister Plenipotentiary or the United States Sha ll think proper to nominate shall assist at the operations of the Bureaus and cooperate in the examinations of the claims; and if this agent Shall be of the opinion that any debt is not completely proved, or if he shall judge that it is not comprised in t he principles of the fifth article above mentioned, and if notwithstanding his opinion the Bureaus established by the french Government should think that it ought to be liquidated, he shall transmit his observations to the board established by the United States, who, without removing documents, shall make a complete examination of the debt and vouchers which Support it, and report the result to the Minister of the United States.–The Minister of the United States Shall transmit his observations in all Suc h cases to the Minister of the treasury of the French Republic, on whose report the French Government Shall decide definitively in every case.

The rejection of any claim Shall have no other effect than to exempt the United States from the payment of it, the French Government reserving to itself, the right to decide definitively on Such claim So far as it concerns itself.

Art: 11

Every necessary decision Shall be made in the course of a year to commence from the exchange of ratifications, and no reclamation Shall be admitted afterwards.

Art: 12

In case of claims for debts contracted by the Government of France with citizens of the United States Since the 8th Vendé miaire 9th year/30 September 1800 not being comprised in this Convention may be pursued, and the payment demanded in the Same manner as if it had not been made.

Art: 13

The present convention Shall be ratified in good and due form and the ratifications Shall be exchanged in Six months from the date of the Signature of the Ministers Plenipotentiary, or Sooner if possible.

In faith of which, the respective Ministers Plenipotentiary have signed the above Articles both in the french and english languages, declaring nevertheless that the present treaty has been originally agreed on and written in the french language, to wh ich they have hereunto affixed their Seals.

Done at Paris, the tenth of Floreal, eleventh year of the French Republic. 
30th April 1803.

Robt R Livingston [seal]

Jas. Monroe [seal]

Barbé Marbois [seal]

 

Source:  https://www.archives.gov/exhibits/american_originals/louistxt.html

 

 

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“The Star-Spangled Banner” is the national anthem of the United States. By the time the song officially became the country’s anthem in 1931, it had been one of America’s most popular patriotic tunes for more than a century. The anthem’s history began the morning of September 14, 1814, when an attorney and amateur poet named Francis Scott Key watched U.S. soldiers—who were under bombardment from British naval forces during the War of 1812—raise a large American flag over Fort McHenry in Baltimore, Maryland. The flag at its original dimensions of 30 by 42 feet, is a 15-star, 15-stripe garrison flag made in 1813 and loosely woven so that it could fly on a 90-foot flagpole.

WAR OF 1812

Simmering anger at Britain for interfering in American trade, impressing U.S. sailors into the Royal Navy and standing in the way of westward expansion led the United States to declare war in June 1812.

With British forces distracted by the country’s ongoing war with France, the United States scored some encouraging early victories in the War of 1812. But after Napoleon’s defeat at the Battle of Waterloo in April 1814, the British turned their full attention to the war in North America.

In August, British troops invaded Washington, D.C. and set fire to the White House, the Capitol and other government buildings. The Royal Navy then trained its sights on the key seaport of Baltimore, Maryland.

Then on September 13, U.S. soldiers at Baltimore’s Fort McHenry withstood some 25 hours of British bombardment as witnessed by Mr. Key. Early the next morning, they hoisted a gigantic U.S. flag over the fort, marking a crucial victory and a turning point in what would be considered a second war of American independence.

READ MORE at www.history.com…

Source:  Edited from https://www.history.com/topics/19th-century/the-star-spangled-banner

 

The Star-Spangled Banner

September 20, 1814
By Francis Scott Key

Oh, say can you see, by the dawn’s early light,
What so proudly we hailed at the twilight’s last gleaming?
Whose broad stripes and bright stars, through the perilous fight,
O’er the ramparts we watched, were so gallantly streaming?
And the rockets’ red glare, the bombs bursting in air,
Gave proof through the night that our flag was still there.
O say, does that star-spangled banner yet wave
O’er the land of the free and the home of the brave?

On the shore, dimly seen through the mists of the deep,
Where the foe’s haughty host in dread silence reposes,
What is that which the breeze, o’er the towering steep,
As it fitfully blows, now conceals, now discloses?
Now it catches the gleam of the morning’s first beam,
In full glory reflected now shines on the stream:
‘Tis the star-spangled banner! O long may it wave
O’er the land of the free and the home of the brave.

And where is that band who so vauntingly swore
That the havoc of war and the battle’s confusion
A home and a country should leave us no more?
Their blood has wiped out their foul footstep’s pollution.
No refuge could save the hireling and slave
From the terror of flight, or the gloom of the grave:
And the star-spangled banner in triumph doth wave
O’er the land of the free and the home of the brave.

Oh! thus be it ever, when freemen shall stand
Between their loved homes and the war’s desolation!
Blest with victory and peace, may the heaven-rescued land
Praise the Power that hath made and preserved us a nation.
Then conquer we must, for our cause it is just,
And this be our motto: “In God is our trust.”
And the star-spangled banner forever shall wave
O’er the land of the free and the home of the brave!

 

Source:  http://www.ushistory.org/documents/banner.htm

 

The Gettysburg Address is a world-famous speech delivered by President Abraham Lincoln at the dedication of the National Cemetery at Gettysburg, Pennsylvania, on November 19, 1863. The site is one of the decisive battles of the American Civil War fought July 1–3, 1863.

The main address at the dedication ceremony was one of two hours, delivered by Edward Everett, the best-known orator of the time. In the wake of such a performance, Lincoln’s brief speech would hardly seem to have drawn notice. However, despite some criticism from his opposition, it was widely quoted and praised and soon came to be recognized as one of the classic utterances of all time, a masterpiece of prose poetry. On the day following the ceremony, Everett himself wrote to Lincoln, “I wish that I could flatter myself that I had come as near to the central idea of the occasion in two hours as you did in two minutes.”

 Source:  Edited from https://www.britannica.com/event/Gettysburg-Address

 

The Gettysburg Address

President Abraham Lincoln
November 19, 1863

“Fourscore and seven years ago our fathers brought forth on this continent a new nation, conceived in liberty and dedicated to the proposition that all men are created equal.

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battlefield of that war. We have come to dedicate a portion of that field as a final resting-place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this. But, in a larger sense, we cannot dedicate — we cannot consecrate — we cannot hallow — this ground. The brave men, living and dead, who struggled here have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation shall have a new birth of freedom and that government of the people, by the people, for the people, shall not perish from the earth.”

 

Source:  http://www.ushistory.org/documents/gettysburg.htm

 

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During the early days of the Civil War, Abraham Lincoln hesitated to make the conflict explicitly about slavery. He feared losing the support of moderate Republicans and his control over the “border states”.

His hesitation subsided in January 1863, when he issued the Emancipation Proclamation and changed the nature of the war. All slaves held in Confederate states would be considered free if they were liberated by the Union Army or escaped to the North. More importantly, by changing the focus of the war from preserving the Union to slavery, Lincoln effectively stopped any chance of European intervention on the side of the Confederacy.

Although the Emancipation Proclamation seemed to put slavery on the path to extinction, President Lincoln worked tirelessly to secure approval of the Thirteenth Amendment by Congress. Because the Supreme Court had declared a constitutional right to own slaves in the Dred Scott case, it was very likely that the Emancipation Proclamation would be struck down as unconstitutional. Nothing short of a constitutional amendment could prevent this and permanently end slavery in the United States. Lincoln also knew that an amendment must be accomplished before public support for the measure abated with the Civil War’s end, which seemed to be in sight by early 1865. To achieve the high principle at stake in the amendment, Lincoln used every bit of political prudence, skill, and influence at his disposal, and often had to make difficult concessions to opponents to gain their support. But the feat was accomplished when Lincoln acquired the votes in Congress to put the amendment before the American people, and they ratified it on December 6, 1865.

Source:  Edited partially from  http://teachingamericanhistory.org/library/document/resolution-submitting-the-thirteenth-amendment-to-the-states/

 

Emancipation Proclamation

Abraham Lincoln
January 1, 1863

By the President of the United States of America:  A Proclamation.

Whereas, on the twenty-second day of September, in the year of our Lord one thousand eight hundred and sixty-two, a proclamation was issued by the President of the United States, containing, among other things, the following, to wit:

“That on the first day of January, in the year of our Lord one thousand eight hundred and sixty-three, all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free; and the Executive Government of the United States, including the military and naval authority thereof, will recognize and maintain the freedom of such persons, and will do no act or acts to repress such persons, or any of them, in any efforts they may make for their actual freedom.

“That the Executive will, on the first day of January aforesaid, by proclamation, designate the States and parts of States, if any, in which the people thereof, respectively, shall then be in rebellion against the United States; and the fact that any State, or the people thereof, shall on that day be, in good faith, represented in the Congress of the United States by members chosen thereto at elections wherein a majority of the qualified voters of such State shall have participated, shall, in the absence of strong countervailing testimony, be deemed conclusive evidence that such State, and the people thereof, are not then in rebellion against the United States.”

Now, therefore I, Abraham Lincoln, President of the United States, by virtue of the power in me vested as Commander-in-Chief, of the Army and Navy of the United States in time of actual armed rebellion against authority and government of the United States, and as a fit and necessary war measure for suppressing said rebellion, do, on this first day of January, in the year of our Lord one thousand eight hundred and sixty three, and in accordance with my purpose so to do publicly proclaimed for the full period of one hundred days, from the day first above mentioned, order and designate as the States and parts of States wherein the people thereof respectively, are this day in rebellion against the United States, the following, to wit:

Arkansas, Texas, Louisiana, (except the Parishes of St. Bernard, Plaquemines, Jefferson, St. Johns, St. Charles, St. James, Ascension, Assumption, Terrebonne, Lafourche, St. Mary, St. Martin, and Orleans, including the City of New-Orleans) Mississippi, Alabama, Florida, Georgia, South-Carolina, North-Carolina, and Virginia, (except the forty-eight counties designated as West Virginia, and also the counties of Berkley, Accomac, Northampton, Elizabeth-City, York, Princess Ann, and Norfolk, including the cities of Norfolk & Portsmouth); and which excepted parts are, for the present, left precisely as if this proclamation were not issued.

And by virtue of the power, and for the purpose aforesaid, I do order and declare that all persons held as slaves within said designated States, and parts of States, are, and henceforward shall be free; and that the Executive government of the United States, including the military and naval authorities thereof, will recognize and maintain the freedom of said persons.

And I hereby enjoin upon the people so declared to be free to abstain from all violence, unless in necessary self-defence; and I recommend to them that, in all cases when allowed, they labor faithfully for reasonable wages.

And I further declare and make known, that such persons of suitable condition, will be received into the armed service of the United States to garrison forts, positions, stations, and other places, and to man vessels of all sorts in said service.

And upon this act, sincerely believed to be an act of justice, warranted by the Constitution, upon military necessity, I invoke the considerate judgment of mankind, and the gracious favor of Almighty God.

In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.

Done at the City of Washington, this first day of January, in the year of our Lord one thousand eight hundred and sixty three, and of the Independence of the United States of America the eighty-seventh.

By the President: ABRAHAM LINCOLN

WILLIAM H. SEWARD, Secretary of State.

 

Source: The Collected Works of Abraham Lincoln, ed. Roy P. Basler, volume 6 (Rutgers University Press: New Brunswick, NJ, 1953), 28-30.

Source:  http://www.ushistory.org/documents/emancipation.htm

 

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The Pledge of Allegiance was written in August 1892 by the Christian socialist minister Francis Bellamy (1855-1931). It was originally published in The Youth’s Companion on September 8, 1892. Bellamy had hoped that the pledge would be used by citizens in any country.

A controversy arose concerning the authorship of the pledge of 1892. Claims were made on behalf of both James B. Upham, one of the editors of The Youth’s Companion, and Francis Bellamy, an assistant editor. In 1939 a committee of the U.S. Flag Association ruled in favour of Bellamy, and a detailed report issued by the U.S. Library of Congress in 1957 supported the committee’s ruling.

In its original form it read:

“I pledge allegiance to my Flag and the Republic for which it stands, one nation, indivisible, with liberty and justice for all.”

In 1923, the words, “the Flag of the United States of America” were added. At this time it read:

“I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands, one nation, indivisible, with liberty and justice for all.”
In 1954, in response to the Communist threat of the times, President Eisenhower encouraged Congress to add the words “under God,” creating the 31-word pledge we say today. Bellamy’s daughter objected to this alteration. Today it reads:

“I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”
Section 4 of the Flag Code states:

The Pledge of Allegiance to the Flag: “I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”, should be rendered by standing at attention facing the flag with the right hand over the heart. When not in uniform men should remove any non-religious headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Persons in uniform should remain silent, face the flag, and render the military salute.”
The original Bellamy salute, first described in 1892 by Francis Bellamy, who authored the original Pledge, began with a military salute, and after reciting the words “to the flag,” the arm was extended toward the flag.

At a signal from the Principal the pupils, in ordered ranks, hands to the side, face the Flag. Another signal is given; every pupil gives the flag the military salute — right hand lifted, palm downward, to a line with the forehead and close to it. Standing thus, all repeat together, slowly, “I pledge allegiance to my Flag and the Republic for which it stands; one Nation indivisible, with Liberty and Justice for all.” At the words, “to my Flag,” the right hand is extended gracefully, palm upward, toward the Flag, and remains in this gesture till the end of the affirmation; whereupon all hands immediately drop to the side.

The Youth’s Companion, 1892

Shortly thereafter, the pledge was begun with the right hand over the heart, and after reciting “to the Flag,” the arm was extended toward the Flag, palm-down.

In World War II, the salute too much resembled the Nazi salute, so it was changed to keep the right hand over the heart throughout.

 

Source:  Edited from http://www.ushistory.org/documents/pledge.htm

 

The Pledge of Allegiance

1954 – Current Version

 “I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”

 Source:  http://www.ushistory.org/documents/pledge.htm

 

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After the passage of the 15th amendment, ratified on February 3, 1870, which granted African American men the right to vote, women believed they too would soon gain the right to vote. When the change didn’t occur, women like Susan B. Anthony took up the charge.

The 19th amendment, ratified on August 18, 1920, expanding the right to vote to all people of age in the United States, guaranteeing all American women the right to vote. Achieving this milestone required a lengthy and difficult struggle; victory took decades of agitation and protest. Beginning in the mid-19th century, several generations of woman suffrage supporters lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve what many Americans considered a radical change of the Constitution. Few early supporters lived to see the final victory in 1920.

Sources:

https://www.loc.gov/rr/program/bib/ourdocs/15thamendment.html

https://www.loc.gov/rr/program/bib/ourdocs/19thamendment.html

https://www.ourdocuments.gov/doc.php?flash=false&doc=63

 

Amendment 19

Women’s suffrage

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 States on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

 

Source:   http://www.ushistory.org/documents/amendments.htm

 

 Millions of servicemen returning from World War II faced financial and employment challenges: there were too many men looking for work for the number of jobs available. FDR signed the Serviceman’s Readjustment Act, more commonly known as the GI Bill, as a way to alleviate some of the problems. It established hospitals, made low-interest mortgages available and granted stipends covering tuition and expenses for veterans attending college or trade schools. From 1944 to 1949, nearly 9 million veterans received close to $4 billion from the bill’s unemployment compensation program. The education and training provisions existed until 1956, while the Veterans’ Administration offered insured loans until 1962. The Readjustment Benefits Act of 1966 extended these benefits to all veterans of the armed forces, including those who had served during peacetime.

The Servicemen’s Readjustment Act is largely responsible for the economic boom of the 1950s. Veterans were able to attend college and enter the middle class at rates far faster than any generation before or since. Housing allowances caused a sharp increase in home ownership, and a rosy economic future led to the baby boom.

Sources:

https://www.history.com/topics/world-war-ii/gi-bill

 

 

Servicemen’s Readjustment Act (1944) – The G.I. Bill

(The first page of this document is provided and the remaining pages may be found in the PDF Version Tab.  See also Sources below.)

AN ACT

To provide Federal Government aid for the readjustment in civilian life of returning World War II veterans. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Servicemen’s Readjustment Act of 1944”.

TITLE I
CHAPTER I-HOSPITALIZATION, CLAIMS, AND PROCEDURES

SEC. 100. The Veterans’ Administration is hereby declared to be an essential war agency and entitled, second only to the War and Navy Departments, to priorities in personnel, equipment, supplies, and material under any laws, Executive orders, and regulations pertaining to priorities, and in appointments of personnel from civil-service registers the Administrator of Veterans’ Affairs is hereby granted the same authority and discretion as the War and Navy Departments and the United States Public Health Service: Provided, That the provisions of this section as to priorities for materials shall apply to any State institution to be built for the care or hospitalization of veterans.

SEC. 101. The Administrator of Veterans’ Affairs and the Federal Board of Hospitalization are hereby authorized and directed to expedite and complete the construction of additional hospital facilities for war veterans, and to enter into agreements and contracts for the use by or transfer to the Veterans’ Administration of suitable Army and Navy hospitals after termination of hostilities in the present war or after such institutions are no longer needed by the armed services; and the Administrator of Veterans Affairs is hereby authorized and directed to establish necessary regional offices, sub- offices, branch offices, contact units, or other subordinate offices in centers of population where there is no Veterans’ Administration facility, or where such a facility is not readily available or accessible : Provided, That there is hereby authorized to be appropriated the sum of $500,000,000 for the construction of additional hospital facilities.

SEC. 102. The Administrator of Veterans’ Affairs and the Secretary of War and Secretary of the Navy are hereby granted authority to enter into agreements and contracts for the mutual use or exchange of use of hospital and domiciliary facilities, and such supplies, equipment, and material as may be needed to operate properly such facilities, or for the transfer, without reimbursement of appropriations, of facilities, supplies, equipment, or material necessary and proper for authorized care for veterans, except that at no time shall the Administrator of Veterans’ Affairs enter into any agreement which will result in a permanent reduction of Veterans’ Administration hospital and domiciliary beds below the number now established or approved, plus the estimated number required to meet the load of eligibles under laws administered by the Veterans’ Administration, or in any way subordinate or transfer the operation of the Veterans’ Administration to any other agency of the Government.

Nothing in the Selective Training and Service Act of 1940, as amended, or any other Act, shall be construed to prevent the transfer or detail of any commissioned, appointed or enlisted personnel from the armed forces to the Veterans Administration subject to agreements between the Secretary of War or the Secretary of the Navy and the Administrator of Veterans’ Affairs: Provided, That no such detail shall be made or extend beyond six months after the termination of the war.

SEC.103. The Administrator of Veterans’ Affairs shall have authority to place officials and employees designated by him in such Army and Navy installations as may be deemed advisable for the purpose of adjudicating disability claims of, and giving aid and advice to, members of the Army and Navy who are about to be discharged or released from active service.

SEC. 104. No person shall be discharged or released from active duty in the armed forces until his certificate of discharge or release from active duty and final pay, or a substantial portion thereof, are ready for delivery to him or to his next of kin or legal representative; and no person shall be discharged or released from active service on account of disability until and unless he has executed a claim for compensation, pension, or hospitalization, to be filed with the Veterans’ Administration or has signed a statement that he has had explained to him the right to file such claim: Provided, That this section shall not preclude immediate transfer to a veterans’ facility for necessary hospital care, nor preclude the discharge of any person who refuses to sign such claim or statement: And provided further, That refusal or failure to file a claim shall be without prejudice to any right the veteran may subsequently assert.

Any person entitled to a prosthetic appliance shall be entitled, in addition, to necessary fitting and training, including institutional training, in the use of such appliance, whether in a Service or a Veterans’ Administration hospital, or by out-patient treatment, including such service under contract.

SEC. 105. No person in the armed forces shall be required to sign a statement of any nature relating to the origin, incurrence, or aggravation of any disease or injury he may have, and any such statement against his own interest signed at any time, shall be null and void and of no force and effect.

 

Sources:

https://www.ourdocuments.gov/doc.php?flash=false&doc=76&page=transcript

https://www.loc.gov/law/help/statutes-at-large/78th-congress/session-2/c78s2ch268.pdf

 

 

The National Association for the Advancement of Colored People (NCAACP) began actively fighting discrimination in the field of education in the 1930s with an array of court cases. With a focus on education, these cases aimed to attack the racially discriminating Jim Crow laws, which were upheld by the Supreme Court until 1965.

Brown v. Board of Education was a milestone decision by the Supreme Court, declaring segregation in public schools unconstitutional. This decision paved the way for the future, pivotal civil movements.

 

 

BROWN v. BOARD OF EDUCATION, (1954)

United States Supreme Court
No. 10
Argued: December 9, 1952 Decided: May 17, 1954

Segregation of white and Negro children in the public schools of a State solely on the basis of race, pursuant to state laws permitting or requiring such segregation, denies to Negro children the equal protection of the laws guaranteed by the Fourteenth Amendment – even though the physical facilities and other “tangible” factors of white and Negro schools may be equal. Pp. 486-496.

(a) The history of the Fourteenth Amendment is inconclusive as to its intended effect on public education. Pp. 489-490.
(b) The question presented in these cases must be determined, not on the basis of conditions existing when the Fourteenth Amendment was adopted, but in the light of the full development of public education and its present place in American life throughout the Nation. Pp. 492-493.
(c) Where a State has undertaken to provide an opportunity for an education in its public schools, such an opportunity is a right which must be made available to all on equal terms. P. 493.
(d) Segregation of children in public schools solely on the basis of race deprives children of the minority group of equal educational opportunities, even though the physical facilities and other “tangible” factors may be equal. Pp. 493-494.
(e) The “separate but equal” doctrine adopted in Plessy v. Ferguson, 163 U.S. 537 , has no place in the field of public education. P. 495. [347 U.S. 483, 484]
(f) The cases are restored to the docket for further argument on specified questions relating to the forms of the decrees. Pp. 495-496.
[ Footnote * ] Together with No. 2, Briggs et al. v. Elliott et al., on appeal from the United States District Court for the Eastern District of South Carolina, argued December 9-10, 1952, reargued December 7-8, 1953; No. 4, Davis et al. v. County School Board of Prince Edward County, Virginia, et al., on appeal from the United States District Court for the Eastern District of Virginia, argued December 10, 1952, reargued December 7-8, 1953; and No. 10, Gebhart et al. v. Belton et al., on certiorari to the Supreme Court of Delaware, argued December 11, 1952, reargued December 9, 1953.

Robert L. Carter argued the cause for appellants in No. 1 on the original argument and on the reargument. Thurgood Marshall argued the cause for appellants in No. 2 on the original argument and Spottswood W. Robinson, III, for appellants in No. 4 on the original argument, and both argued the causes for appellants in Nos. 2 and 4 on the reargument. Louis L. Redding and Jack Greenberg argued the cause for respondents in No. 10 on the original argument and Jack Greenberg and Thurgood Marshall on the reargument.

On the briefs were Robert L. Carter, Thurgood Marshall, Spottswood W. Robinson, III, Louis L. Redding, Jack Greenberg, George E. C. Hayes, William R. Ming, Jr., Constance Baker Motley, James M. Nabrit, Jr., Charles S. Scott, Frank D. Reeves, Harold R. Boulware and Oliver W. Hill for appellants in Nos. 1, 2 and 4 and respondents in No. 10; George M. Johnson for appellants in Nos. 1, 2 and 4; and Loren Miller for appellants in Nos. 2 and 4. Arthur D. Shores and A. T. Walden were on the Statement as to Jurisdiction and a brief opposing a Motion to Dismiss or Affirm in No. 2.

Paul E. Wilson, Assistant Attorney General of Kansas, argued the cause for appellees in No. 1 on the original argument and on the reargument. With him on the briefs was Harold R. Fatzer, Attorney General.

John W. Davis argued the cause for appellees in No. 2 on the original argument and for appellees in Nos. 2 and 4 on the reargument. With him on the briefs in No. 2 were T. C. Callison, Attorney General of South Carolina, Robert McC. Figg, Jr., S. E. Rogers, William R. Meagher and Taggart Whipple. [347 U.S. 483, 485]

J. Lindsay Almond, Jr., Attorney General of Virginia, and T. Justin Moore argued the cause for appellees in No. 4 on the original argument and for appellees in Nos. 2 and 4 on the reargument. On the briefs in No. 4 were J. Lindsay Almond, Jr., Attorney General, and Henry T. Wickham, Special Assistant Attorney General, for the State of Virginia, and T. Justin Moore, Archibald G. Robertson, John W. Riely and T. Justin Moore, Jr. for the Prince Edward County School Authorities, appellees.

H. Albert Young, Attorney General of Delaware, argued the cause for petitioners in No. 10 on the original argument and on the reargument. With him on the briefs was Louis J. Finger, Special Deputy Attorney General.

By special leave of Court, Assistant Attorney General Rankin argued the cause for the United States on the reargument, as amicus curiae, urging reversal in Nos. 1, 2 and 4 and affirmance in No. 10. With him on the brief were Attorney General Brownell, Philip Elman, Leon Ulman, William J. Lamont and M. Magdelena Schoch. James P. McGranery, then Attorney General, and Philip Elman filed a brief for the United States on the original argument, as amicus curiae, urging reversal in Nos. 1, 2 and 4 and affirmance in No. 10.

Briefs of amici curiae supporting appellants in No. 1 were filed by Shad Polier, Will Maslow and Joseph B. Robison for the American Jewish Congress; by Edwin J. Lukas, Arnold Forster, Arthur Garfield Hays, Frank E. Karelsen, Leonard Haas, Saburo Kido and Theodore Leskes for the American Civil Liberties Union et al.; and by John Ligtenberg and Selma M. Borchardt for the American Federation of Teachers. Briefs of amici curiae supporting appellants in No. 1 and respondents in No. 10 were filed by Arthur J. Goldberg and Thomas E. Harris [347 U.S. 483, 486] for the Congress of Industrial Organizations and by Phineas Indritz for the American Veterans Committee, Inc.

MR. CHIEF JUSTICE WARREN delivered the opinion of the Court.

These cases come to us from the States of Kansas, South Carolina, Virginia, and Delaware. They are premised on different facts and different local conditions, but a common legal question justifies their consideration together in this consolidated opinion. 1 [347 U.S. 483, 487]

In each of the cases, minors of the Negro race, through their legal representatives, seek the aid of the courts in obtaining admission to the public schools of their community on a nonsegregated basis. In each instance, [347 U.S. 483, 488] they had been denied admission to schools attended by white children under laws requiring or permitting segregation according to race. This segregation was alleged to deprive the plaintiffs of the equal protection of the laws under the Fourteenth Amendment. In each of the cases other than the Delaware case, a three-judge federal district court denied relief to the plaintiffs on the so-called “separate but equal” doctrine announced by this Court in Plessy v. Ferguson, 163 U.S. 537 . Under that doctrine, equality of treatment is accorded when the races are provided substantially equal facilities, even though these facilities be separate. In the Delaware case, the Supreme Court of Delaware adhered to that doctrine, but ordered that the plaintiffs be admitted to the white schools because of their superiority to the Negro schools.

The plaintiffs contend that segregated public schools are not “equal” and cannot be made “equal,” and that hence they are deprived of the equal protection of the laws. Because of the obvious importance of the question presented, the Court took jurisdiction. 2 Argument was heard in the 1952 Term, and reargument was heard this Term on certain questions propounded by the Court. 3 [347 U.S. 483, 489]

Reargument was largely devoted to the circumstances surrounding the adoption of the Fourteenth Amendment in 1868. It covered exhaustively consideration of the Amendment in Congress, ratification by the states, then existing practices in racial segregation, and the views of proponents and opponents of the Amendment. This discussion and our own investigation convince us that, although these sources cast some light, it is not enough to resolve the problem with which we are faced. At best, they are inconclusive. The most avid proponents of the post-War Amendments undoubtedly intended them to remove all legal distinctions among “all persons born or naturalized in the United States.” Their opponents, just as certainly, were antagonistic to both the letter and the spirit of the Amendments and wished them to have the most limited effect. What others in Congress and the state legislatures had in mind cannot be determined with any degree of certainty.

An additional reason for the inconclusive nature of the Amendment’s history, with respect to segregated schools, is the status of public education at that time. 4 In the South, the movement toward free common schools, supported [347 U.S. 483, 490] by general taxation, had not yet taken hold. Education of white children was largely in the hands of private groups. Education of Negroes was almost nonexistent, and practically all of the race were illiterate. In fact, any education of Negroes was forbidden by law in some states. Today, in contrast, many Negroes have achieved outstanding success in the arts and sciences as well as in the business and professional world. It is true that public school education at the time of the Amendment had advanced further in the North, but the effect of the Amendment on Northern States was generally ignored in the congressional debates. Even in the North, the conditions of public education did not approximate those existing today. The curriculum was usually rudimentary; ungraded schools were common in rural areas; the school term was but three months a year in many states; and compulsory school attendance was virtually unknown. As a consequence, it is not surprising that there should be so little in the history of the Fourteenth Amendment relating to its intended effect on public education.

In the first cases in this Court construing the Fourteenth Amendment, decided shortly after its adoption, the Court interpreted it as proscribing all state-imposed discriminations against the Negro race. 5 The doctrine of [347 U.S. 483, 491] “separate but equal” did not make its appearance in this Court until 1896 in the case of Plessy v. Ferguson, supra, involving not education but transportation. 6 American courts have since labored with the doctrine for over half a century. In this Court, there have been six cases involving the “separate but equal” doctrine in the field of public education. 7 In Cumming v. County Board of Education, 175 U.S. 528 , and Gong Lum v. Rice, 275 U.S. 78 , the validity of the doctrine itself was not challenged. 8 In more recent cases, all on the graduate school [347 U.S. 483, 492] level, inequality was found in that specific benefits enjoyed by white students were denied to Negro students of the same educational qualifications. Missouri ex rel. Gaines v. Canada, 305 U.S. 337 ; Sipuel v. Oklahoma, 332 U.S. 631 ; Sweatt v. Painter, 339 U.S. 629 ; McLaurin v. Oklahoma State Regents, 339 U.S. 637 . In none of these cases was it necessary to re-examine the doctrine to grant relief to the Negro plaintiff. And in Sweatt v. Painter, supra, the Court expressly reserved decision on the question whether Plessy v. Ferguson should be held inapplicable to public education.

In the instant cases, that question is directly presented. Here, unlike Sweatt v. Painter, there are findings below that the Negro and white schools involved have been equalized, or are being equalized, with respect to buildings, curricula, qualifications and salaries of teachers, and other “tangible” factors. 9 Our decision, therefore, cannot turn on merely a comparison of these tangible factors in the Negro and white schools involved in each of the cases. We must look instead to the effect of segregation itself on public education.

In approaching this problem, we cannot turn the clock back to 1868 when the Amendment was adopted, or even to 1896 when Plessy v. Ferguson was written. We must consider public education in the light of its full development and its present place in American life throughout [347 U.S. 483, 493] the Nation. Only in this way can it be determined if segregation in public schools deprives these plaintiffs of the equal protection of the laws.

Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.

We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other “tangible” factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does.

In Sweatt v. Painter, supra, in finding that a segregated law school for Negroes could not provide them equal educational opportunities, this Court relied in large part on “those qualities which are incapable of objective measurement but which make for greatness in a law school.” In McLaurin v. Oklahoma State Regents, supra, the Court, in requiring that a Negro admitted to a white graduate school be treated like all other students, again resorted to intangible considerations: “. . . his ability to study, to engage in discussions and exchange views with other students, and, in general, to learn his profession.” [347 U.S. 483, 494] Such considerations apply with added force to children in grade and high schools. To separate them from others of similar age and qualifications solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The effect of this separation on their educational opportunities was well stated by a finding in the Kansas case by a court which nevertheless felt compelled to rule against the Negro plaintiffs:

“Segregation of white and colored children in public schools has a detrimental effect upon the colored children. The impact is greater when it has the sanction of the law; for the policy of separating the races is usually interpreted as denoting the inferiority of the negro group. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law, therefore, has a tendency to [retard] the educational and mental development of negro children and to deprive them of some of the benefits they would receive in a racial[ly] integrated school system.” 10
Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority. 11 Any language [347 U.S. 483, 495] in Plessy v. Ferguson contrary to this finding is rejected.

We conclude that in the field of public education the doctrine of “separate but equal” has no place. Separate educational facilities are inherently unequal. Therefore, we hold that the plaintiffs and others similarly situated for whom the actions have been brought are, by reason of the segregation complained of, deprived of the equal protection of the laws guaranteed by the Fourteenth Amendment. This disposition makes unnecessary any discussion whether such segregation also violates the Due Process Clause of the Fourteenth Amendment. 12

Because these are class actions, because of the wide applicability of this decision, and because of the great variety of local conditions, the formulation of decrees in these cases presents problems of considerable complexity. On reargument, the consideration of appropriate relief was necessarily subordinated to the primary question – the constitutionality of segregation in public education. We have now announced that such segregation is a denial of the equal protection of the laws. In order that we may have the full assistance of the parties in formulating decrees, the cases will be restored to the docket, and the parties are requested to present further argument on Questions 4 and 5 previously propounded by the Court for the reargument this Term. 13 The Attorney General [347 U.S. 483, 496] of the United States is again invited to participate. The Attorneys General of the states requiring or permitting segregation in public education will also be permitted to appear as amici curiae upon request to do so by September 15, 1954, and submission of briefs by October 1, 1954. 14

It is so ordered.

Footnotes

[ Footnote 1 ] In the Kansas case, Brown v. Board of Education, the plaintiffs are Negro children of elementary school age residing in Topeka. They brought this action in the United States District Court for the District of Kansas to enjoin enforcement of a Kansas statute which permits, but does not require, cities of more than 15,000 population to maintain separate school facilities for Negro and white students. Kan. Gen. Stat. 72-1724 (1949). Pursuant to that authority, the Topeka Board of Education elected to establish segregated elementary schools. Other public schools in the community, however, are operated on a nonsegregated basis. The three-judge District Court, convened under 28 U.S.C. 2281 and 2284, found that segregation in public education has a detrimental effect upon Negro children, but denied relief on the ground that the Negro and white schools were substantially equal with respect to buildings, transportation, curricula, and educational qualifications of teachers. 98 F. Supp. 797. The case is here on direct appeal under 28 U.S.C. 1253. In the South Carolina case, Briggs v. Elliott, the plaintiffs are Negro children of both elementary and high school age residing in Clarendon County. They brought this action in the United States District Court for the Eastern District of South Carolina to enjoin enforcement of provisions in the state constitution and statutory code which require the segregation of Negroes and whites in public schools. S. C. Const., Art. XI, 7; S. C. Code 5377 (1942). The three-judge District Court, convened under 28 U.S.C. 2281 and 2284, denied the requested relief. The court found that the Negro schools were inferior to the white schools and ordered the defendants to begin immediately to equalize the facilities. But the court sustained the validity of the contested provisions and denied the plaintiffs admission [347 U.S. 483, 487] to the white schools during the equalization program. 98 F. Supp. 529. This Court vacated the District Court’s judgment and remanded the case for the purpose of obtaining the court’s views on a report filed by the defendants concerning the progress made in the equalization program. 342 U.S. 350 . On remand, the District Court found that substantial equality had been achieved except for buildings and that the defendants were proceeding to rectify this inequality as well. 103 F. Supp. 920. The case is again here on direct appeal under 28 U.S.C. 1253. In the Virginia case, Davis v. County School Board, the plaintiffs are Negro children of high school age residing in Prince Edward county. They brought this action in the United States District Court for the Eastern District of Virginia to enjoin enforcement of provisions in the state constitution and statutory code which require the segregation of Negroes and whites in public schools. Va. Const., 140; Va. Code 22-221 (1950). The three-judge District Court, convened under 28 U.S.C. 2281 and 2284, denied the requested relief. The court found the Negro school inferior in physical plant, curricula, and transportation, and ordered the defendants forthwith to provide substantially equal curricula and transportation and to “proceed with all reasonable diligence and dispatch to remove” the inequality in physical plant. But, as in the South Carolina case, the court sustained the validity of the contested provisions and denied the plaintiffs admission to the white schools during the equalization program. 103 F. Supp. 337. The case is here on direct appeal under 28 U.S.C. 1253. In the Delaware case, Gebhart v. Belton, the plaintiffs are Negro children of both elementary and high school age residing in New Castle County. They brought this action in the Delaware Court of Chancery to enjoin enforcement of provisions in the state constitution and statutory code which require the segregation of Negroes and whites in public schools. Del. Const., Art. X, 2; Del. Rev. Code 2631 (1935). The Chancellor gave judgment for the plaintiffs and ordered their immediate admission to schools previously attended only by white children, on the ground that the Negro schools were inferior with respect to teacher training, pupil-teacher ratio, extracurricular activities, physical plant, and time and distance involved [347 U.S. 483, 488] in travel. 87 A. 2d 862. The Chancellor also found that segregation itself results in an inferior education for Negro children (see note 10, infra), but did not rest his decision on that ground. Id., at 865. The Chancellor’s decree was affirmed by the Supreme Court of Delaware, which intimated, however, that the defendants might be able to obtain a modification of the decree after equalization of the Negro and white schools had been accomplished. 91 A. 2d 137, 152. The defendants, contending only that the Delaware courts had erred in ordering the immediate admission of the Negro plaintiffs to the white schools, applied to this Court for certiorari. The writ was granted, 344 U.S. 891 . The plaintiffs, who were successful below, did not submit a cross-petition.
[ Footnote 2 ] 344 U.S. 1, 141 , 891.

[ Footnote 3 ] 345 U.S. 972 . The Attorney General of the United States participated both Terms as amicus curiae.

[ Footnote 4 ] For a general study of the development of public education prior to the Amendment, see Butts and Cremin, A History of Education in American Culture (1953), Pts. I, II; Cubberley, Public Education in the United States (1934 ed.), cc. II-XII. School practices current at the time of the adoption of the Fourteenth Amendment are described in Butts and Cremin, supra, at 269-275; Cubberley, supra, at 288-339, 408-431; Knight, Public Education in the South (1922), cc. VIII, IX. See also H. Ex. Doc. No. 315, 41st Cong., 2d Sess. (1871). Although the demand for free public schools followed substantially the same pattern in both the North and the South, the development in the South did not begin to gain momentum until about 1850, some twenty years after that in the North. The reasons for the somewhat slower development in the South (e. g., the rural character of the South and the different regional attitudes toward state assistance) are well explained in Cubberley, supra, at 408-423. In the country as a whole, but particularly in the South, the War [347 U.S. 483, 490] virtually stopped all progress in public education. Id., at 427-428. The low status of Negro education in all sections of the country, both before and immediately after the War, is described in Beale, A History of Freedom of Teaching in American Schools (1941), 112-132, 175-195. Compulsory school attendance laws were not generally adopted until after the ratification of the Fourteenth Amendment, and it was not until 1918 that such laws were in force in all the states. Cubberley, supra, at 563-565.

[ Footnote 5 ] Slaughter-House Cases, 16 Wall. 36, 67-72 (1873); Strauder v. West Virginia, 100 U.S. 303, 307 -308 (1880): “It ordains that no State shall deprive any person of life, liberty, or property, without due process of law, or deny to any person within its jurisdiction the equal protection of the laws. What is this but [347 U.S. 483, 491] declaring that the law in the States shall be the same for the black as for the white; that all persons, whether colored or white, shall stand equal before the laws of the States, and, in regard to the colored race, for whose protection the amendment was primarily designed, that no discrimination shall be made against them by law because of their color? The words of the amendment, it is true, are prohibitory, but they contain a necessary implication of a positive immunity, or right, most valuable to the colored race, – the right to exemption from unfriendly legislation against them distinctively as colored, – exemption from legal discriminations, implying inferiority in civil society, lessening the security of their enjoyment of the rights which others enjoy, and discriminations which are steps towards reducing them to the condition of a subject race.” See also Virginia v. Rives, 100 U.S. 313, 318 (1880); Ex parte Virginia, 100 U.S. 339, 344 -345 (1880).

[ Footnote 6 ] The doctrine apparently originated in Roberts v. City of Boston, 59 Mass. 198, 206 (1850), upholding school segregation against attack as being violative of a state constitutional guarantee of equality. Segregation in Boston public schools was eliminated in 1855. Mass. Acts 1855, c. 256. But elsewhere in the North segregation in public education has persisted in some communities until recent years. It is apparent that such segregation has long been a nationwide problem, not merely one of sectional concern.

[ Footnote 7 ] See also Berea College v. Kentucky, 211 U.S. 45 (1908).

[ Footnote 8 ] In the Cumming case, Negro taxpayers sought an injunction requiring the defendant school board to discontinue the operation of a high school for white children until the board resumed operation of a high school for Negro children. Similarly, in the Gong Lum case, the plaintiff, a child of Chinese descent, contended only that state authorities had misapplied the doctrine by classifying him with Negro children and requiring him to attend a Negro school.

[ Footnote 9 ] In the Kansas case, the court below found substantial equality as to all such factors. 98 F. Supp. 797, 798. In the South Carolina case, the court below found that the defendants were proceeding “promptly and in good faith to comply with the court’s decree.” 103 F. Supp. 920, 921. In the Virginia case, the court below noted that the equalization program was already “afoot and progressing” (103 F. Supp. 337, 341); since then, we have been advised, in the Virginia Attorney General’s brief on reargument, that the program has now been completed. In the Delaware case, the court below similarly noted that the state’s equalization program was well under way. 91 A. 2d 137, 149.

[ Footnote 10 ] A similar finding was made in the Delaware case: “I conclude from the testimony that in our Delaware society, State-imposed segregation in education itself results in the Negro children, as a class, receiving educational opportunities which are substantially inferior to those available to white children otherwise similarly situated.” 87 A. 2d 862, 865.

[ Footnote 11 ] K. B. Clark, Effect of Prejudice and Discrimination on Personality Development (Midcentury White House Conference on Children and Youth, 1950); Witmer and Kotinsky, Personality in the Making (1952), c. VI; Deutscher and Chein, The Psychological Effects of Enforced Segregation: A Survey of Social Science Opinion, 26 J. Psychol. 259 (1948); Chein, What are the Psychological Effects of [347 U.S. 483, 495] Segregation Under Conditions of Equal Facilities?, 3 Int. J. Opinion and Attitude Res. 229 (1949); Brameld, Educational Costs, in Discrimination and National Welfare (MacIver, ed., (1949), 44-48; Frazier, The Negro in the United States (1949), 674-681. And see generally Myrdal, An American Dilemma (1944).

[ Footnote 12 ] See Bolling v. Sharpe, post, p. 497, concerning the Due Process Clause of the Fifth Amendment.

[ Footnote 13 ] “4. Assuming it is decided that segregation in public schools violates the Fourteenth Amendment “(a) would a decree necessarily follow providing that, within the [347 U.S. 483, 496] limits set by normal geographic school districting, Negro children should forthwith be admitted to schools of their choice, or “(b) may this Court, in the exercise of its equity powers, permit an effective gradual adjustment to be brought about from existing segregated systems to a system not based on color distinctions? “5. On the assumption on which questions 4 (a) and (b) are based, and assuming further that this Court will exercise its equity powers to the end described in question 4 (b), “(a) should this Court formulate detailed decrees in these cases; “(b) if so, what specific issues should the decrees reach; “(c) should this Court appoint a special master to hear evidence with a view to recommending specific terms for such decrees; “(d) should this Court remand to the courts of first instance with directions to frame decrees in these cases, and if so what general directions should the decrees of this Court include and what procedures should the courts of first instance follow in arriving at the specific terms of more detailed decrees?”

[ Footnote 14 ] See Rule 42, Revised Rules of this Court (effective July 1, 1954). [347 U.S. 483, 497]

Sources:

https://caselaw.findlaw.com/us-supreme-court/347/483.html

https://www.archives.gov/education/lessons/brown-v-board

http://www.sbdp.org.br/arquivos/material/98_Brown%20v%20Board%20of%20Education%20e%20Plessy%20v%20Ferguson.pdf

https://www.law.cornell.edu/supremecourt/text/347/483

 

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On January 20, 1961, John F. Kennedy took the oath of office to become the nation’s 35th president. Against a backdrop of deep snow and sunshine, more than twenty thousand people huddled in 20-degree temperatures on the east front of the Capitol to witness the event. Kennedy delivered what has become a landmark inaugural address inspiring all to see the importance of civic action and public service. His historic words, “Ask not what your country can do for you – ask what you can do for your country,” challenged every American to contribute in some way to the public good.

Source: https://www.jfklibrary.org/learn/education/teachers/curricular-resources/elementary-school-curricular-resources/ask-not-what-your-country-can-do-for-you

 

“Ask Not What Your Country Can Do For You”

John F. Kennedy’s Inaugural Address, January 20, 1961

VIDEO LINK: https://youtu.be/4phB-rRjYQw

We observe today not a victory of party, but a celebration of freedom — symbolizing an end, as well as a beginning — signifying renewal, as well as change. For I have sworn before you and Almighty God the same solemn oath our forebears prescribed nearly a century and three quarters ago.

The world is very different now. For man holds in his mortal hands the power to abolish all forms of human poverty and all forms of human life. And yet the same revolutionary beliefs for which our forebears fought are still at issue around the globe — the belief that the rights of man come not from the generosity of the state, but from the hand of God.

We dare not forget today that we are the heirs of that first revolution. Let the word go forth from this time and place, to friend and foe alike, that the torch has been passed to a new generation of Americans — born in this century, tempered by war, disciplined by a hard and bitter peace, proud of our ancient heritage — and unwilling to witness or permit the slow undoing of those human rights to which this Nation has always been committed, and to which we are committed today at home and around the world.

Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe, in order to assure the survival and the success of liberty.

This much we pledge — and more.

To those old allies whose cultural and spiritual origins we share, we pledge the loyalty of faithful friends. United, there is little we cannot do in a host of cooperative ventures. Divided, there is little we can do — for we dare not meet a powerful challenge at odds and split asunder.

To those new States whom we welcome to the ranks of the free, we pledge our word that one form of colonial control shall not have passed away merely to be replaced by a far more iron tyranny. We shall not always expect to find them supporting our view. But we shall always hope to find them strongly supporting their own freedom — and to remember that, in the past, those who foolishly sought power by riding the back of the tiger ended up inside.

To those peoples in the huts and villages across the globe struggling to break the bonds of mass misery, we pledge our best efforts to help them help themselves, for whatever period is required — not because the Communists may be doing it, not because we seek their votes, but because it is right. If a free society cannot help the many who are poor, it cannot save the few who are rich.

To our sister republics south of our border, we offer a special pledge — to convert our good words into good deeds — in a new alliance for progress — to assist free men and free governments in casting off the chains of poverty. But this peaceful revolution of hope cannot become the prey of hostile powers. Let all our neighbours know that we shall join with them to oppose aggression or subversion anywhere in the Americas. And let every other power know that this Hemisphere intends to remain the master of its own house.

To that world assembly of sovereign states, the United Nations, our last best hope in an age where the instruments of war have far outpaced the instruments of peace, we renew our pledge of support — to prevent it from becoming merely a forum for invective — to strengthen its shield of the new and the weak — and to enlarge the area in which its writ may run.

Finally, to those nations who would make themselves our adversary, we offer not a pledge but a request: that both sides begin anew the quest for peace, before the dark powers of destruction unleashed by science engulf all humanity in planned or accidental self-destruction.

We dare not tempt them with weakness. For only when our arms are sufficient beyond doubt can we be certain beyond doubt that they will never be employed.

But neither can two great and powerful groups of nations take comfort from our present course — both sides overburdened by the cost of modern weapons, both rightly alarmed by the steady spread of the deadly atom, yet both racing to alter that uncertain balance of terror that stays the hand of mankind’s final war.

So let us begin anew — remembering on both sides that civility is not a sign of weakness, and sincerity is always subject to proof. Let us never negotiate out of fear. But let us never fear to negotiate.

Let both sides explore what problems unite us instead of belabouring those problems which divide us.

Let both sides, for the first time, formulate serious and precise proposals for the inspection and control of arms — and bring the absolute power to destroy other nations under the absolute control of all nations.

Let both sides seek to invoke the wonders of science instead of its terrors. Together let us explore the stars, conquer the deserts, eradicate disease, tap the ocean depths, and encourage the arts and commerce.

Let both sides unite to heed in all corners of the earth the command of Isaiah — to “undo the heavy burdens -. and to let the oppressed go free.”

And if a beachhead of cooperation may push back the jungle of suspicion, let both sides join in creating a new endeavour, not a new balance of power, but a new world of law, where the strong are just and the weak secure and the peace preserved.

All this will not be finished in the first 100 days. Nor will it be finished in the first 1,000 days, nor in the life of this Administration, nor even perhaps in our lifetime on this planet. But let us begin.

In your hands, my fellow citizens, more than in mine, will rest the final success or failure of our course. Since this country was founded, each generation of Americans has been summoned to give testimony to its national loyalty. The graves of young Americans who answered the call to service surround the globe.

Now the trumpet summons us again — not as a call to bear arms, though arms we need; not as a call to battle, though embattled we are — but a call to bear the burden of a long twilight struggle, year in and year out, “rejoicing in hope, patient in tribulation” — a struggle against the common enemies of man: tyranny, poverty, disease, and war itself.

Can we forge against these enemies a grand and global alliance, North and South, East and West, that can assure a more fruitful life for all mankind? Will you join in that historic effort?

In the long history of the world, only a few generations have been granted the role of defending freedom in its hour of maximum danger. I do not shrink from this responsibility — I welcome it. I do not believe that any of us would exchange places with any other people or any other generation. The energy, the faith, the devotion which we bring to this endeavour will light our country and all who serve it — and the glow from that fire can truly light the world.

And so, my fellow Americans: ask not what your country can do for you — ask what you can do for your country.

My fellow citizens of the world: ask not what America will do for you, but what together we can do for the freedom of man.

Finally, whether you are citizens of America or citizens of the world, ask of us the same high standards of strength and sacrifice which we ask of you. With a good conscience our only sure reward, with history the final judge of our deeds, let us go forth to lead the land we love, asking His blessing and His help, but knowing that here on earth God’s work must truly be our own.

 

Source:  http://www.ushistory.org/documents/ask-not.htm

 

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In August of 1963, hundreds of thousands of Americans crowded before the Lincoln Memorial as part of the March on Washington for Jobs and Freedom. Near the end of the day, Dr. King, who had led many peaceful protests for civil rights in the face of deep-rooted prejudice and often brutally violent opposition, addressed the crowd and the nation with deeply moving words of justice. One hundred years after Abraham Lincoln had signed the Emancipation Proclamation, and nearly two hundred years since the Declaration of Independence, America had still not accomplished equal liberty for all. The time had come for America to finally live up to its creed, fulfill the promise of the American Founding, and make possible King’s vision of a truly free and just society. 

 

Source:  Edited from TeachingAmericanHistory.org

 

“I Have a Dream” Speech
Martin Luther King, Jr.

August 28, 1963

I am happy to join with you today in what will go down in history as the greatest demonstration for freedom in the history of our nation.

Five score years ago, a great American, in whose symbolic shadow we stand today, signed the Emancipation Proclamation. This momentous decree came as a great beacon light of hope to millions of Negro slaves who had been seared in the flames of withering injustice. It came as a joyous daybreak to end the long night of their captivity.

But one hundred years later, the Negro still is not free; one hundred years later, the life of the Negro is still sadly crippled by the manacles of segregation and the chains of discrimination; one hundred years later, the Negro lives on a lonely island of poverty in the midst of a vast ocean of material prosperity; one hundred years later, the Negro is still languished in the corners of American society and finds himself in exile in his own land.

So we’ve come here today to dramatize a shameful condition. In a sense we’ve come to our nation’s capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was the promise that all men, yes, black men as well as white men, would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness.

It is obvious today that America has defaulted on this promissory note in so far as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked “insufficient funds.” But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. And so we have come to cash this check, a check that will give us upon demand the riches of freedom and the security of justice.

We have also come to this hallowed spot to remind America of the fierce urgency of now. This is no time to engage in the luxury of cooling off or to take the tranquilizing drug of gradualism. Now is the time to make real the promises of democracy; now is the time to rise from the dark and desolate valley of segregation to the sunlit path of racial justice; now is the time to lift our nation from the quicksands of racial injustice to the solid rock of brotherhood; now is the time to make justice a reality for all of God’s children. It would be fatal for the nation to overlook the urgency of the moment. This sweltering summer of the Negro’s legitimate discontent will not pass until there is an invigorating autumn of freedom and equality. Nineteen sixty-three is not an end, but a beginning. And those who hope that the Negro needed to blow off steam and will now be content, will have a rude awakening if the nation returns to business as usual. There will be neither rest nor tranquility in America until the Negro is granted his citizenship rights. The whirlwinds of revolt will continue to shake the foundations of our nation until the bright day of justice emerges.

But there is something that I must say to my people, who stand on the worn threshold which leads into the palace of justice. In the process of gaining our rightful place, we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred. We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protests to degenerate into physical violence. Again and again we must rise to the majestic heights of meeting physical force with soul force. The marvelous new militancy, which has engulfed the Negro community, must not lead us to a distrust of all white people. For many of our white brothers, as evidenced by their presence here today, have come to realize that their destiny is tied up with our destiny. And they have come to realize that their freedom is inextricably bound to our freedom. We cannot walk alone. And as we walk, we must make the pledge that we shall always march ahead. We cannot turn back.

There are those who are asking the devotees of Civil Rights, “When will you be satisfied?” We can never be satisfied as long as the Negro is the victim of the unspeakable horrors of police brutality; we can never be satisfied as long as our bodies, heavy with the fatigue of travel, cannot gain lodging in the motels of the highways and the hotels of the cities; we cannot be satisfied as long as the Negro’s basic mobility is from a smaller ghetto to a larger one; we can never be satisfied as long as our children are stripped of their selfhood and robbed of their dignity by signs stating “For Whites Only”; we cannot be satisfied as long as the Negro in Mississippi cannot vote, and the Negro in New York believes he has nothing for which to vote. No! no, we are not satisfied, and we will not be satisfied until “justice rolls down like waters and righteousness like a mighty stream.”

I am not unmindful that some of you have come here out of great trials and tribulations. Some of you have come fresh from narrow jail cells. Some of you have come from areas where your quest for freedom left you battered by the storms of persecution and staggered by the winds of police brutality. You have been the veterans of creative suffering. Continue to work with the faith that unearned suffering is redemptive. Go back to Mississippi. Go back to Alabama. Go back to South Carolina. Go back to Georgia. Go back to Louisiana. Go back to the slums and ghettos of our Northern cities, knowing that somehow this situation can and will be changed. Let us not wallow in the valley of despair.

I say to you today, my friends, so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. I have a dream that one day this nation will rise up and live out the true meaning of its creed, “We hold these truths to be self-evident, that all men are created equal.” I have a dream that one day on the red hills of Georgia, sons of former slaves and the sons of former slaveowners will be able to sit down together at the table of brotherhood. I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice. I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.

I HAVE A DREAM TODAY!

I have a dream that one day down in Alabama — with its vicious racists, with its Governor having his lips dripping with the words of interposition and nullification — one day right there in Alabama, little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.

I HAVE A DREAM TODAY!

I have a dream that one day every valley shall be exalted, and every hill and mountain shall be made low. The rough places will be plain and the crooked places will be made straight, “and the glory of the Lord shall be revealed, and all flesh shall see it together.”

This is our hope. This is the faith that I go back to the South with. With this faith we will be able to hew out of the mountain of despair a stone of hope. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brother-hood. With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day. And this will be the day. This will be the day when all of God’s children will be able to sing with new meaning, “My country ’tis of thee, sweet land of liberty, of thee I sing. Land where my father died, land of the pilgrim’s pride, from every mountainside, let freedom ring.” And if America is to be a great nation, this must become true.

So let freedom ring from the prodigious hilltops of New Hampshire; let freedom ring from the mighty mountains of New York; let freedom ring from the heightening Alleghenies of Pennsylvania; let freedom ring from the snow-capped Rockies of Colorado; let freedom ring from the curvaceous slopes of California. But not only that. Let freedom ring from Stone Mountain of Georgia; let freedom ring from Lookout Mountain of Tennessee; let freedom ring from every hill and mole hill of Mississippi. “From every mountainside, let freedom ring.”

And when this happens, and when we allow freedom to ring, when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God’s children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing in the words of the old Negro spiritual: “Free at last. Free at last. Thank God Almighty, we are free at last.”

 

Sources:  Martin Luther King, Jr., I Have A Dream: Writings and Speeches that Changed the World, ed. James Melvin Washington (San Francisco: Harper, 1986), 102-106.

http://teachingamericanhistory.org/library/document/i-have-a-dream-speech/

 

As the United States descended into racially charged violence, President Lyndon Johnson took a stand to end segregation with the Civil Rights Act. Though the Southern Congressional delegation fought with all its might, the Act passed and overturned 100 years of post-Civil War segregation.

The Civil Rights Act was important on two levels. First, it began the process of eliminating outdated laws and practices in the United States. Second, it served as a rallying point for a political realignment between Republicans and Democrats in 1968.

Each of these ten documents represents an essential and important time in American history and will continue to be taught and studied as the framework of the modern United States.

 

 

Civil Rights Act of 1964

July 2, 1964

An Act

To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Civil Rights Act of 1964”.

TITLE I– –VOTING RIGHTS

SEC. 101. Section 2004

of the Revised Statutes (42 U.S.C. 1971), as amended by section 131 of the Civil Rights Act of 1957 (71 Stat. 637), and as further amended by section 601 of the Civil Rights Act of 1960 (74 Stat. 90), is further amended as follows:

(a) Insert “1” after “(a)” in subsection (a) and add at the end of subsection (a) the following new paragraphs: “(2) No person acting under color of law shall– — “(A) in determining whether any individual is qualified under State law or laws to vote in any Federal election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote;

“(B) deny the right of any individual to vote in any Federal election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or

“(C) employ any literacy test as a qualification for voting in any Federal election unless (i) such test is administered to each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to title III of the Civil Rights Act of 1960 (42 U.S.C. 1974– –74e; 74 Stat. 88): Provided, however, That the Attorney General may enter into agreements with appropriate State or local authorities that preparation, conduct, and maintenance of such tests in accordance with the provisions of applicable State or local law, including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handicapped, meet the purposes of this subparagraph and constitute compliance therewith.

“(3) For purposes of this subsection– –“(A) the term ’vote’ shall have the same meaning as in subsection (e) of this section;

“(B) the phrase ’literacy test’ includes any test of the ability to read, write, understand, or interpret any matter.”

(b) Insert immediately following the period at the end of the first sentence of subsection (c) the following new sentence: “If in any such proceeding literacy is a relevant fact there shall be a rebuttable presumption that any person who has not been adjudged an incompetent and who has completed the sixth grade in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico where instruction is carried on predominantly in the English language, possesses sufficient literacy, comprehension, and intelligence to vote in any Federal election.”

(c) Add the following subsection “(f)” and designate the present subsection “(f)” as subsection “(g)”:

“(f) When used in subsection (a) or (c) of this section, the words ’Federal election’ shall mean any general, special, or primary election held solely or in part for the purpose of electing or selecting any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Representatives.”

(d) Add the following subsection “(h)”:

“(h) In any proceeding instituted by the United States in any district court of the United States under this section in which the Attorney General requests a finding of a pattern or practice of discrimination pursuant to subsection (e) of this section the Attorney General, at the time he files the complaint, or any defendant in the proceeding, within twenty days after service upon him of the complaint, may file with the clerk of such court a request that a court of three judges be convened to hear and determine the entire case. A copy of the request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief justice of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited.

An appeal from the final judgment of such court will lie to the Supreme Court. “In any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the Attorney General nor any defendant files a request for a three’judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or, in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

“It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.”

TITLE II– –INJUNCTIVE RELIEF AGAINST DISCRIMINATION IN PLACES OF PUBLIC ACCOMMODATION

SEC. 201. (a)

All persons shall be entitled to the full and equal enjoyment of the goods, services, facilities, and privileges, advantages, and accommodations of any place of public accommodation, as defined in this section, without discrimination or segregation on the ground of race, color, religion, or national origin.

(b) Each of the following establishments which serves the public is a place of public accommodation within the meaning of this title if its operations affect commerce, or if discrimination or segregation by it is supported by State action:

(1) any inn, hotel, motel, or other establishment which provides lodging to transient guests, other than an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of such establishment as his residence;

(2) any restaurant, cafeteria, lunchroom, lunch counter, soda fountain, or other facility principally engaged in selling food for consumption on the premises, including, but not limited to, any such facility located on the

premises of any retail establishment; or any gasoline station;

(3) any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment; and

(4) any establishment (A)(i) which is physically located within the premises of any establishment otherwise covered by this subsection, or (ii) within the premises of which is physically located any such covered establishment, and (B) which holds itself out as serving patrons of such covered establishment.

(c) The operations of an establishment affect commerce within the meaning of this title if (1) it is one of the establishments described in paragraph (1) of subsection (b); (2) in the case of an establishment described in paragraph (2) of subsection (b), it serves or offers to serve interstate travelers or a substantial portion of the food which it serves, or gasoline or other products which it sells, has moved in commerce; (3) in the case of an establishment described in paragraph (3) of subsection (b), it customarily presents films, performances, athletic teams, exhibitions, or other sources of entertainment which move in commerce; and (4) in the case of an establishment described in paragraph (4) of subsection (b), it is physically located within the premises of, or there is physically located within its premises, an establishment the operations of which affect commerce within the meaning of this subsection. For purposes of this section, “commerce” means travel, trade, traffic, commerce, transportation, or communication among the several States, or between the District of Columbia and any State, or between any foreign country or any territory or possession and any State or the District of Columbia, or between points in the same State but through any other State or the District of Columbia or a foreign country.

(d) Discrimination or segregation by an establishment is supported by State action within the meaning of this title if such discrimination or segregation (1) is carried on under color of any law, statute, ordinance, or regulation; or (2) is carried on under color of any custom or usage required or enforced by officials of the State or political subdivision thereof; or (3) is required by action of the State or political subdivision thereof.

(e) The provisions of this title shall not apply to a private club or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of subsection (b).

SEC. 202. All persons shall be entitled to be free, at any establishment or place, from discrimination or segregation of any kind on the ground of race, color, religion, or national origin, if such discrimination or segregation is or purports to be required by any law, statute, ordinance, regulation, rule, or order of a State or any agency or political subdivision thereof.

SEC. 203. No person shall (a) withhold, deny, or attempt to withhold or deny, or deprive or attempt to deprive, any person of any right or privilege secured by section 201 or 202, or (b) intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person with the purpose of interfering with any right or privilege secured by section 201 or 202, or (c) punish or attempt to punish any person for exercising or attempting to exercise any right or privilege secured by section 201 or 202.

SEC. 204. (a) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the civil action without the payment of fees, costs, or security.

(b) In any action commenced pursuant to this title, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs, and the United States shall be liable for costs the same as a private person.

(c) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has a State or local law prohibiting such act or practice and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no civil action may be brought under subsection (a) before the expiration of thirty days after written notice of such alleged act or practice has been given to the appropriate State or local authority by registered mail or in person, provided that the court may stay proceedings in such civil action pending the termination of State or local enforcement proceedings.

(d) In the case of an alleged act or practice prohibited by this title which occurs in a State, or political subdivision of a State, which has no State or local law prohibiting such act or practice, a civil action may be brought under subsection (a): Provided, That the court may refer the matter to the Community Relations Service established by title X of this Act for as long as the court believes there is a reasonable possibility of obtaining voluntary compliance, but for not more than sixty days: Provided further, That upon expiration of such sixty-day period, the court may extend such period for an additional period, not to exceed a cumulative total of one hundred and twenty days, if it believes there then exists a reasonable possibility of securing voluntary compliance.

SEC. 205. The Service is authorized to make a full investigation of any complaint referred to it by the court under section 204(d) and may hold such hearings with respect thereto as may be necessary. The Service shall conduct any hearings with respect to any such complaint in executive session, and shall not release any testimony given therein except by agreement of all parties involved in the complaint with the permission of the court, and the Service shall endeavor to bring about a voluntary settlement between the parties.

SEC. 206. (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

(b) In any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court.

In the event the Attorney General fails to file such a request in any such proceeding, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.

SEC. 207. (a) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this title and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law.

(b) The remedies provided in this title shall be the exclusive means of enforcing the rights based on this title, but nothing in this title shall preclude any individual or any State or local agency from asserting any right based on any other Federal or State law not inconsistent with this title, including any statute or ordinance requiring nondiscrimination in public establishments or accommodations, or from pursuing any remedy, civil or criminal, which may be available for the vindication or enforcement of such right.

TITLE III– –DESEGREGATION OF PUBLIC FACILITIES

SEC. 301. (a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder.

(b) The Attorney General may deem a person or persons unable to initiate and maintain appropriate legal proceedings within the meaning of subsection

(a) of this section when such person or persons are unable, either directly or through other interested persons or organizations, to bear the expense of the litigation or to obtain effective legal representation; or whenever he is satisfied that the institution of such litigation would jeopardize the personal safety, employment, or economic standing of such person or persons, their families, or their property.

SEC. 302. In any action or proceeding under this title the United States shall be liable for costs, including a reasonable attorney’s fee, the same as a private person.

SEC. 303. Nothing in this title shall affect adversely the right of any person to sue for or obtain relief in any court against discrimination in any facility covered by this title.

SEC. 304. A complaint as used in this title is a writing or document within the meaning of section 1001, title 18, United States Code.

TITLE IV– –DESEGREGATION OF PUBLIC EDUCATION

DEFINITIONS

SEC. 401. As used in this title– —

(a) “Commissioner” means the Commissioner of Education.

(b) “Desegregation” means the assignment of students to public schools and within such schools without regard to their race, color, religion, or national origin, but “desegregation” shall not mean the assignment of students to public schools in order to overcome racial imbalance.

(c) “Public school” means any elementary or secondary educational institution, and “public college” means any institution of higher education or any technical or vocational school above the secondary school level, provided that such public school or public college is operated by a State, subdivision of a State, or governmental agency within a State, or operated wholly or predominantly from or through the use of governmental funds or property, or funds or property derived from a governmental source.

(d) “School board” means any agency or agencies which administer a system of one or more public schools and any other agency which is responsible for the assignment of students to or within such system.

SURVEY AND REPORT OF EDUCATIONAL OPPORTUNITIES

SEC. 402. The Commissioner shall conduct a survey and make a report to the President and the Congress, within two years of the enactment of this title, concerning the lack of availability of equal educational opportunities for individuals by reason of race, color, religion, or national origin in public educational institutions at all levels in the United States, its territories and possessions, and the District of Columbia.

TECHNICAL ASSISTANCE

SEC. 403. The Commissioner is authorized, upon the application of any school board, State, municipality, school district, or other governmental unit legally responsible for operating a public school or schools, to render technical assistance to such applicant in the preparation, adoption, and implementation of plans for the desegregation of public schools. Such technical assistance may, among other activities, include making available to such agencies information regarding effective methods of coping with special educational problems occasioned by desegregation, and making available to such agencies personnel of the Office of Education or other persons specially equipped to advise and assist them in coping with such problems.

TRAINING INSTITUTES

SEC. 404. The Commissioner is authorized to arrange, through grants or contracts, with institutions of higher education for the operation of short-term or regular session institutes for special training designed to improve the ability of teachers, supervisors, counselors, and other elementary or secondary school personnel to deal effectively with special educational problems occasioned by desegregation. Individuals who attend such an institute on a full-time basis may be paid stipends for the period of their attendance at such institute in amounts specified by the Commissioner in regulations, including allowances for travel to attend such institute.

GRANTS

SEC. 405. (a) The Commissioner is authorized, upon application of a school board, to make grants to such board to pay, in whole or in part, the cost of– —

(1) giving to teachers and other school personnel inservice training in dealing with problems incident to desegregation, and

(2) employing specialists to advise in problems incident to desegregation. (b) In determining whether to make a grant, and in fixing the amount thereof and the terms and conditions on which it will be made, the Commissioner shall take into consideration the amount available for grants under this section and the other applications which are pending before him; the financial condition of the applicant and the other resources available to it; the nature, extent, and gravity of its problems incident to desegregation; and such other factors as he finds relevant.

PAYMENTS

SEC. 406. Payments pursuant to a grant or contract under this title may be made (after necessary adjustments on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments, as the Commissioner may determine.

SUITS BY THE ATTORNEY GENERAL

SEC. 407. (a) Whenever the Attorney General receives a complaint inwriting– —

(1) signed by a parent or group of parents to the effect that his or their minor children, as members of a class of persons similarly situated, are being deprived by a school board of the equal protection of the laws, or

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin,and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder.

(b) The Attorney General may deem a person or persons unable to initiate and maintain appropriate legal proceedings within the meaning of subsection

(a) of this section when such person or persons are unable, either directly or through other interested persons or organizations, to bear the expense of the litigation or to obtain effective legal representation; or whenever he is satisfied that the institution of such litigation would jeopardize the personal safety, employment, or economic standing of such person or persons, their families, or their property.

(c) The term “parent” as used in this section includes any person standing in loco parentis. A “complaint” as used in this section is a writing or document within the meaning of section 1001, title 18, United States Code.

SEC. 408. In any action or proceeding under this title the United States shall be liable for costs the same as a private person.

SEC. 409. Nothing in this title shall affect adversely the right of any person to sue for or obtain relief in any court against discrimination in public education.

SEC. 410. Nothing in this title shall prohibit classification and assignment for reasons other than race, color, religion, or national origin.

TITLE V– –COMMISSION ON CIVIL RIGHTS

SEC. 501. Section 102 of the Civil Rights Act of 1957 (42 U.S.C. 1975a; 71

Stat. 634) is amended to read as follows:

“RULES OF PROCEDURE OF THE COMMISSION HEARINGS

“SEC. 102. (a) At least thirty days prior to the commencement of any hearing, the Commission shall cause to be published in the Federal Register notice of the date on which such hearing is to commence, the place at which it is to be held and the subject of the hearing. The Chairman, or one designated by him to act as Chairman at a hearing of the Commission, shall announce in an opening statement the subject of the hearing.

“(b) A copy of the Commission’s rules shall be made available to any witness before the Commission, and a witness compelled to appear before the Commission or required to produce written or other matter shall be served with a copy of the Commission’s rules at the time of service of the subpoena.

“(c) Any person compelled to appear in person before the Commission shall be accorded the right to be accompanied and advised by counsel, who shall have the right to subject his client to reasonable examination, and to make objections on the record and to argue briefly the basis for such objections. The Commission shall proceed with reasonable dispatch to conclude any hearing in which it is engaged. Due regard shall be had for the convenience and necessity of witnesses.

“(d) The Chairman or Acting Chairman may punish breaches of order and decorum by censure and exclusion from the hearings.

“(e) If the Commission determines that evidence or testimony at any hearing may tend to defame, degrade, or incriminate any person, it shall receive such evidence or testimony or summary of such evidence o testimony in executive session. The Commission shall afford any person defamed, degraded, or incriminated by such evidence or testimony an opportunity to appear and be heard in executive session, with a reasonable number of additional witnesses requested by him, before deciding to use such evidence or testimony. In the event the Commission determines to release or use such evidence or testimony in such manner as to reveal publicly the identity of the person defamed, degraded, or incriminated, such evidence or testimony, prior to such public release or use, shall be given at a public session, and the Commission shall afford such person an opportunity to appear as a voluntary witness or to file a sworn statement in his behalf and to submit brief and pertinent sworn statements of others. The Commission shall receive and dispose of requests from such person to subpoena additional witnesses.

“(f) Except as provided in sections 102 and 105 (f) of this Act, the Chairman shall receive and the Commission shall dispose of requests to subpoena additional witnesses.

“(g) No evidence or testimony or summary of evidence or testimony taken in executive session may be released or used in public sessions without the consent of the Commission. Whoever releases or uses in public without the consent of the Commission such evidence or testimony taken in executive session shall be fined not more than $1,000, or imprisoned for not more than one year.

“(h) In the discretion of the Commission, witnesses may submit brief and pertinent sworn statements in writing for inclusion in the record. The Commission shall determine the pertinency of testimony and evidence adduced at its hearings.

“(i) Every person who submits data or evidence shall be entitled to retain or, on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that a witness in a hearing held in executive session may for good cause be limited to inspection of the official transcript of his testimony. Transcript copies of public sessions may be obtained by the public upon the payment of the cost thereof. An accurate transcript shall be made of the testimony of all witnesses at all hearings, either public or executive sessions, of the Commission or of any subcommittee thereof.

“(j) A witness attending any session of the Commission shall receive $6 for each day’s attendance and for the time necessarily occupied in going to and returning from the same, and 10 cents per mile for going from and returning to his place of residence. Witnesses who attend at points so far removed from their respective residences as to prohibit return thereto from day to day shall be entitled to an additional allowance of $10 per day for expenses of subsistence including the time necessarily occupied in going to and returning from the place of attendance. Mileage payments shall be tendered to the witness upon service of a subpoena issued on behalf of the Commission or any subcommittee thereof.

“(k) The Commission shall not issue any subpoena for the attendance and testimony of witnesses or for the production of written or other matter which would require the presence of the party subpoenaed at a hearing to be held outside of the State wherein the witness is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process except that, in any event, the Commission may issue subpoenas for the attendance and testimony of witnesses and the production of written or other matter at a hearing held within fifty miles of the place where the witness is found or resides or is domiciled or transacts business or has appointed an agent for receipt of service of process.

“(l) The Commission shall separately state and currently publish in the Federal Register (1) descriptions of its central and field organization including the established places at which, and methods whereby, the public may secure information or make requests; (2) statements of the general course and method by which its functions are channeled and determined, and (3) rules adopted as authorized by law. No person shall in any manner be subject to or required to resort to rules, organization, or procedure not so published.”

SEC. 502. Section 103(a) of the Civil Rights Act of 1957 (42 U.S.C.

1975b(a); 71 Stat. 634) is amended to read as follows:

“SEC. 103. (a) Each member of the Commission who is not otherwise in the service of the Government of the United States shall receive the sum of $75 per day for each day spent in the work of the Commission, shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his usual place of residence, in accordance with section 5 of the Administrative Expenses Act of 1946, as amended (5 U.S.C 73b-2; 60 Stat. 808).”

SEC. 503. Section 103(b) of the Civil Rights Act of 1957 (42 U.S.C.

1975(b); 71 Stat. 634) is amended to read as follows: “(b) Each member of the Commission who is otherwise in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from his usual place of residence, in accordance with the provisions of the Travel Expenses Act of 1949, as amended

(5 U.S.C. 835– –42; 63 Stat. 166).”

SEC. 504. (a) Section 104(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975c(a); 71 Stat. 635), as amended, is further amended to read as follows:

“DUTIES OF THE COMMISSION

“SEC. 104. (a) The Commission shall– —

“(1) investigate allegations in writing under oath or affirmation that certain citizens of the United States are being deprived of their right to vote and have that vote counted by reason of their color, race, religion, or national origin; which writing, under oath or affirmation, shall set forth the facts upon which such belief or beliefs are based;

“(2) study and collect information concerning legal developments constituting a denial of equal protection of the laws under the Constitution because of race, color, religion or national origin or in the administration of justice;

“(3) appraise the laws and policies of the Federal Government with respect to denials of equal protection of the laws under the Constitution because of race, color, religion or national origin or in the administration of justice;

“(4) serve as a national clearinghouse for information in respect to denials of equal protection of the laws because of race, color, religion or national origin, including but not limited to the fields of voting, education, housing, employment, the use of public facilities, and transportation, or in the administration of justice;

“(5) investigate allegations, made in writing and under oath or affirmation, that citizens of the United States are unlawfully being accorded or denied the right to vote, or to have their votes properly counted, in any election of presidential electors, Members of the United States Senate, or of the House of Representatives, as a result of any patterns or practice of fraud or discrimination in the conduct of such election; and

“(6) Nothing in this or any other Act shall be construed as authorizing the Commission, its Advisory Committees, or any person under its supervision or control to inquire into or investigate any membership practices or internal operations of any fraternal organization, any college or university fraternity or sorority, any private club or any religious organization.”

(b) Section 104(b) of the Civil Rights Act of 1957 (42 U.S.C. 1975c(b); 71 Stat. 635), as amended, is further amended by striking out the present subsection “(b)” and by substituting therefor:

“(b) The Commission shall submit interim reports to the President and to the Congress at such times as the Commission, the Congress or the President shall deem desirable, and shall submit to the President and to the Congress a final report of its activities, findings, and recommendations not later than January 31, 1968.”

SEC. 505. Section 105(a) of the Civil Rights Act of 1957 (42 U.S.C. 1975d(a); 71 Stat. 636) is amended by striking out in the last sentence thereof “$50 per diem” and inserting in lieu thereof “$75 per diem.”

SEC. 506. Section 105(f) and section 105(g) of the Civil Rights Act of 1957 (42 U.S.C. 1975d (f) and (g); 71 Stat. 636) are amended to read as follows:

“(f) The Commission, or on the authorization of the Commission any subcommittee of two or more members, at least one of whom shall be of each major political party, may, for the purpose of carrying out the provisions of this Act, hold such hearings and act at such times and places as the Commission or such authorized subcommittee may deem advisable. Subpoenas for the attendance and testimony of witnesses or the production of written or other matter may be issued in accordance with the rules of the Commission as contained in section 102 (j) and (k) of this Act, over the signature of the Chairman of the Commission or of such subcommittee, and may be served by any person designated by such Chairman. The holding of hearings by the Commission, or the appointment of a subcommittee to hold hearings pursuant to this subparagraph, must be approved by a majority of the Commission, or by a majority of the members present at a meeting at which at least a quorum of four members is present.

“(g) In case of contumacy or refusal to obey a subpoena, any district court of the United States or the United States court of any territory or possession, or the District Court of the United States for the District of Columbia, within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process, upon application by the Attorney General of the United States shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a subcommittee thereof, there to produce pertinent, relevant and nonprivileged evidence if so ordered, or there to give testimony touching the matter under investigation; and any failure to obey such order of the court may be punished by said court as a contempt thereof.”

SEC. 507. Section 105 of the Civil Rights Act of 1957 (42 U.S.C. 1975d; 71 Stat. 636), as amended by section 401 of the Civil Rights Act of 1960 (42 U.S.C. 1975d(h); 74 Stat. 89), is further amended by adding a new subsection at the end to read as follows:

“(i) The Commission shall have the power to make such rules and regulations as are necessary to carry out the purposes of this Act.”

TITLE VI– –NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS

SEC. 601. No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

SEC. 602. Each Federal department and agency which is empowered to extend Federal financial assistance to any program or activity, by way of grant, loan, or contract other than a contract of insurance or guaranty, is authorized and directed to effectuate the provisions of section 601 with respect to such program or activity by issuing rules, regulations, or orders of general applicability which shall be consistent with achievement of the objectives of the statute authorizing the financial assistance in connection with which the action is taken. No such rule, regulation, or order shall become effective unless and until approved by the President. Compliance with any requirement adopted pursuant to this section may be effected (1) by the termination of or refusal to grant or to continue assistance under such program or activity to any recipient as to whom there has been an express finding on the record, after opportunity for hearing, of a failure to comply with such requirement, but such termination or refusal shall be limited to the particular political entity, or part thereof, or other recipient as to whom such a finding has been made and, shall be limited in its effect to the particular program, or part thereof, in which such non-compliance has been so found, or (2) by any other means authorized by law: Provided, however, That no such action shall be taken until the department or agency concerned has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means. In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action. No such action shall become effective until thirty days have elapsed after the filing of such report.

SEC. 603. Any department or agency action taken pursuant to section 602 shall be subject to such judicial review as may otherwise be provided by law for similar action taken by such department or agency on other grounds. In the case of action, not otherwise subject to judicial review, terminating or refusing to grant or to continue financial assistance upon a finding of failure to comply with any requirement imposed pursuant to section 602, any person aggrieved (including any State or political subdivision thereof and any agency of either) may obtain judicial review of such action in accordance with section 10 of the Administrative Procedure Act, and such action shall not be deemed committed to unreviewable agency discretion within the meaning of that section.

SEC. 604. Nothing contained in this title shall be construed to authorize action under this title by any department or agency with respect to any employment practice of any employer, employment agency, or labor organization except where a primary objective of the Federal financial assistance is to provide employment.

SEC. 605. Nothing in this title shall add to or detract from any existing authority with respect to any program or activity under which Federal financial assistance is extended by way of a contract of insurance or guaranty.

TITLE VII– –EQUAL EMPLOYMENT OPPORTUNITY

DEFINITIONS

SEC. 701. For the purposes of this title– —

(a) The term “person” includes one or more individuals, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, or receivers.

(b) The term “employer” means a person engaged in an industry affecting commerce who has twenty-five or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or a State or political subdivision thereof, (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501(c) of the Internal Revenue Code of 1954: Provided, That during the first year after the effective date prescribed in subsection (a) of section 716, persons having fewer than one hundred employees (and their agents) shall not be considered employers, and, during the second year after such date, persons having fewer than seventy-five employees (and their agents) shall not be considered employers, and, during the third year after such date, persons having fewer than fifty employees (and their agents) shall not be considered employers: Provided further, That it shall be the policy of the United States to insure equal employment opportunities for Federal employees without discrimination because of race, color, religion, sex or national origin and the President shall utilize his existing authority to effectuate this policy.

(c) The term “employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person; but shall not include an agency of the United States, or an agency of a State or political subdivision of a State, except that such term shall include the United States Employment Service and the system of State and local employment services receiving Federal assistance.

(d) The term “labor organization” means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization.

(e) A labor organization shall be deemed to be engaged in an industry affecting commerce if (1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or (2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organization) is (A) one hundred or more during the first year after the effective date prescribed in subsection (a) of section 716, (B) seventy-five or more during the second year after such date or fifty or more during the third year, or (C) twenty-five or more thereafter, and such labor organization– —

(1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended;

(2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or

(3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or

(4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or

(5) is a conference, general committee, joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection.

(f) The term “employee” means an individual employed by an employer.

(g) The term “commerce” means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof.

(h) The term “industry affecting commerce” means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry “affecting commerce” within the meaning of the Labor-Management Reporting and Disclosure Act of 1959.

(i) The term “State” includes a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, The Canal Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act.

EXEMPTION SEC. 702. This title shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, or society of its religious activities or to an educational institution with respect to the employment of individuals to perform work connected with the educational activities of such institution.

DISCRIMINATION BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN

SEC. 703. (a) It shall be an unlawful employment practice for an employer– —

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

(b) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin.

(c) It shall be an unlawful employment practice for a labor organization– —

(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin;

(2) to limit, segregate, or classify its membership, or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employment opportunities, or would limit such employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual’s race, color, religion, sex, or national origin; or

(3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section.

(d) It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

(e) Notwithstanding any other provision of this title, (1) it shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any individual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and (2) it shall not be an unlawful employment practice for a school, college, university, or other educational institution or institution of learning to hire and employ employees of a particular religion if such school, college, university, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institution of learning is directed toward the propagation of a particular religion.

(f) As used in this title, the phrase “unlawful employment practice” shall not be deemed to include any action or measure taken by an employer, labor organization, joint labor-management committee, or employment agency with respect to an individual who is a member of the Communist Party of the United States or of any other organization required to register as a Communist-action or Communist-front organization by final order of the Subversive Activities Control Board pursuant to the Subversive Activities Control Act of 1950.

(g) Notwithstanding any other provision of this title, it shall not be an unlawful employment practice for an employer to fail or refuse to hire and employ any individual for any position, for an employer to discharge any individual from any position, or for an employment agency to fail or refuse to refer any individual for employment in any position, or for a labor organization to fail or refuse to refer any individual for employment in any position, if– —

(1) the occupancy of such position, or access to the premises in or upon which any part of the duties of such position is performed or is to be performed, is subject to any requirement imposed in the interest of the national security of the United States under any security program in effect pursuant to or administered under any statute of the United States or any Executive order of the President; and

(2) such individual has not fulfilled or has ceased to fulfill that requirement.

(h) Notwithstanding any other provision of this title, it shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production or to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment practice for an employer to give and to act upon the results of any professionally developed ability test provided that such test, its administration or action upon the results is not designed, intended or used to discriminate because of race, color, religion, sex or national origin. It shall not be an unlawful employment practice under this title for any employer to differentiate upon the basis of sex in determining the amount of the wages or compensation paid or to be paid to employees of such employer if such differentiation is authorized by the provisions of section 6(d) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 206(d)).

(i) Nothing contained in this title shall apply to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because he is an Indian living on or near a reservation.

(j) Nothing contained in this title shall be interpreted to require any employer, employment agency, labor organization, or joint labor-management committee subject to this title to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or national origin in any community, State, section, or other area, or in the available work force in any community, State, section, or other area.

OTHER UNLAWFUL EMPLOYMENT PRACTICES

SEC. 704. (a) It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed, any practice made an unlawful employment practice by this title, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title.

(b) It shall be an unlawful employment practice for an employer, labor organization, or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SEC. 705. (a) There is hereby created a Commission to be known as the Equal Employment Opportunity Commission, which shall be composed of five members, not more than three of whom shall be members of the same political party, who shall be appointed by the President by and with the advice and consent of the Senate. One of the original members shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, beginning from the date of enactment of this title, but their successors shall be appointed for terms of five years each, except that any individual chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The President shall designate one member to serve as Chairman of the Commission, and one member to serve as Vice Chairman. The Chairman shall be responsible on behalf of the Commission for the administrative operations of the Commission, and shall appoint, in accordance with the civil service laws, such officers, agents, attorneys, and employees as it deems necessary to assist it in the performance of its functions and to fix their compensation in accordance with the Classification Act of 1949, as amended. The Vice Chairman shall act as Chairman in the absence or disability of the Chairman or in the event of a vacancy in that office.

(b) A vacancy in the Commission shall not impair the right of the remaining members to exercise all the powers of the Commission and three members thereof shall constitute a quorum.

(c) The Commission shall have an official seal which shall be judicially noticed.

(d) The Commission shall at the close of each fiscal year report to the Congress and to the President concerning the action it has taken; the names, salaries, and duties of all individuals in its employ and the moneys it has disbursed; and shall make such further reports on the cause of and means of eliminating discrimination and such recommendations for further legislation as may appear desirable.

(e) The Federal Executive Pay Act of 1956, as amended (5 U.S.C. 2201-2209), is further amended– —

(1) by adding to section 105 thereof (5 U.S.C. 2204) the following clause: “(32) Chairman, Equal Employment Opportunity Commission”; and

(2) by adding to clause (45) of section 106(a) thereof (5 U.S.C. 2205(a)) the following: “Equal Employment Opportunity Commission (4).”

(f) The principal office of the Commission shall be in or near the District of Columbia, but it may meet or exercise any or all its powers at any other place. The Commission may establish such regional or State offices as it deems necessary to accomplish the purpose of this title.

(g) The Commission shall have power– — (1) to cooperate with and, with their consent, utilize regional, State, local, and other agencies, both public and private, and individuals;

(2) to pay to witnesses whose depositions are taken or who are summoned before the Commission or any of its agents the same witness and mileage fees as are paid to witnesses in the courts of the United States;

(3) to furnish to persons subject to this title such technical assistance as they may request to further their compliance with this title or an order issued thereunder;

(4) upon the request of (i) any employer, whose employees or some of them, or (ii) any labor organization, whose members or some of them, refuse or threaten to refuse to cooperate in effectuating the provisions of this title, to assist in such effectuation by conciliation or such other remedial action as is provided by this title;

(5) to make such technical studies as are appropriate to effectuate the purposes and policies of this title and to make the results of such studies available to the public;

(6) to refer matters to the Attorney General with recommendations for intervention in a civil action brought by an aggrieved party under section 706, or for the institution of a civil action by the Attorney General under section 707, and to advise, consult, and assist the Attorney General on such matters.

(h) Attorneys appointed under this section may, at the direction of the Commission, appear for and represent the Commission in any case in court.

(i) The Commission shall, in any of its educational or promotional activities, cooperate with other departments and agencies in the performance of such educational and promotional activities.

(j) All officers, agents, attorneys, and employees of the Commission shall be subject to the provisions of section 9 of the Act of August 2, 1939, as amended (the Hatch Act), notwithstanding any exemption contained in such section.

PREVENTION OF UNLAWFUL EMPLOYMENT PRACTICES SEC. 706. (a) Whenever it is charged in writing under oath by a person claiming to be aggrieved, or a written charge has been filed by a member of the Commission where he has reasonable cause to believe a violation of this title has occurred (and such charge sets forth the facts upon which it is based) that an employer, employment agency, or labor organization has engaged in an unlawful employment practice, the Commission shall furnish such employer, employment agency, or labor organization (hereinafter referred to as the “respondent”) with a copy of such charge and shall make an investigation of such charge, provided that such charge shall not be made public by the Commission. If the Commission shall determine, after such investigation, that there is reasonable cause to believe that the charge is true, the Commission shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during and as a part of such endeavors may be made public by the Commission without the written consent of the parties, or used as evidence in a subsequent proceeding. Any officer or employee of the Commission, who shall make public in any manner whatever any information in violation of this subsection shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned not more than one year.

(b) In the case of an alleged unlawful employment practice occurring in a State, or political subdivision of a State, which has a State or local law prohibiting the unlawful employment practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, no charge may be filed under subsection (a) by the person aggrieved before the expiration of sixty days after proceedings have been commenced under the State or local law, unless such proceedings have been earlier terminated, provided that such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective date of such State or local law. If any requirement for the commencement of such proceedings is imposed by a State or local authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State or local authority.

(c) In the case of any charge filed by a member of the Commission alleging an unlawful employment practice occurring in a State or political subdivision of a State, which has a State or local law prohibiting the practice alleged and establishing or authorizing a State or local authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, the Commission shall, before taking any action with respect to such charge, notify the appropriate State or local officials and, upon request, afford them a reasonable time, but not less than sixty days (provided that such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective day of such State or local law), unless a shorter period is requested, to act under such State or local law to remedy the practice alleged.

(d) A charge under subsection (a) shall be filed within ninety days after the alleged unlawful employment practice occurred, except that in the case of an unlawful employment practice with respect to which the person aggrieved has followed the procedure set out in subsection (b), such charge shall be filed by the person aggrieved within two hundred and ten days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local, law, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.
(e) If within thirty days after a charge is filed with the Commission or within thirty days after expiration of any period of reference under subsection (c) (except that in either case such period may be extended to not more than sixty days upon a determination by the Commission that further efforts to secure voluntary compliance are warranted), the Commission has been unable to obtain voluntary compliance with this title, the Commission shall so notify the person aggrieved and a civil action may, within thirty days thereafter, be brought against the respondent named in the charge (1) by the person claiming to be aggrieved, or (2) if such charge was filed by a member of the Commission, by any person whom the charge alleges was aggrieved by the alleged unlawful employment practice. Upon application by the complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action without the payment of fees, costs, or security. Upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case is of general public importance. Upon request, the court may, in its discretion, stay further proceedings for not more than sixty days pending the termination of State or local proceedings described in subsection (b) or the efforts of the Commission to obtain voluntary compliance.

(f) Each United States district court and each United States court of a place subject to the jurisdiction of the United States shall have jurisdiction of actions brought under this title. Such an action may be brought in any judicial district in the State in which the unlawful employment practice is alleged to have been committed, in the judicial district in which the employment records relevant to such practice are maintained and administered, or in the judicial district in which the plaintiff would have worked but for the alleged unlawful employment practice, but if the respondent is not found within any such district, such an action may be brought within the judicial district in which the respondent has his principal office. For purposes of sections 1404 and 1406 of title 28 of the United States Code, the judicial district in which the respondent has his principal office shall in all cases be considered a district in which the action might have been brought.

(g) If the court finds that the respondent has intentionally engaged in or is intentionally engaging in an unlawful employment practice charged in the complaint, the court may enjoin the respondent from engaging in such unlawful employment practice, and order such affirmative action as may be appropriate, which may include reinstatement or hiring of employees, with or without back pay (payable by the employer, employment agency, or labor organization, as the case may be, responsible for the unlawful employment practice). Interim earnings or amounts earnable with reasonable diligence by the person or persons discriminated against shall operate to reduce the back pay otherwise allowable. No order of the court shall require the admission or reinstatement of an individual as a member of a union or the hiring, reinstatement, or promotion of an individual as an employee, or the payment to him of any back pay, if such individual was refused admission, suspended, or expelled or was refused employment or advancement or was suspended or discharged for any reason other than discrimination on account of race, color, religion, sex or national origin or in violation of section 704(a).

(h) The provisions of the Act entitled “An Act to amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes,” approved March 23, 1932 (29 U.S.C. 101-115), shall not apply with respect to civil actions brought under this section.

(i) In any case in which an employer, employment agency, or labor organization fails to comply with an order of a court issued in a civil action brought under subsection (e), the Commission may commence proceedings to compel compliance with such order.

(j) Any civil action brought under subsection (e) and any proceedings brought under subsection (i) shall be subject to appeal as provided in sections 1291 and 1292, title 28, United States Code.

(k) In any action or proceeding under this title the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney’s fee as part of the costs, and the Commission and the United States shall be liable for costs the same as a private person.

SEC. 707. (a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

(b) The district courts of the United States shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, and in any such proceeding the Attorney General may file with the clerk of such court a request that a court of three judges be convened to hear and determine the case. Such request by the Attorney General shall be accompanied by a certificate that, in his opinion, the case is of general public importance. A copy of the certificate and request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. An appeal from the final judgment of such court will lie to the Supreme Court.

In the event the Attorney General fails to file such a request in any such proceeding, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case.

It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited.

EFFECT ON STATE LAWS SEC. 708. Nothing in this title shall be deemed to exempt or relieve any person from any liability, duty, penalty, or punishment provided by any present or future law of any State or political subdivision of a State, other than any such law which purports to require or permit the doing of any act which would be an unlawful employment practice under this title.

INVESTIGATIONS, INSPECTIONS, RECORDS, STATE AGENCIES SEC. 709. (a) In connection with any investigation of a charge filed under section 706, the Commission or its designated representative shall at all reasonable times have access to, for the purposes of examination, and the right to copy any evidence of any person being investigated or proceeded against that relates to unlawful employment practices covered by this title and is relevant to the charge under investigation.

(b) The Commission may cooperate with State and local agencies charged with the administration of State fair employment practices laws and, with the consent of such agencies, may for the purpose of carrying out its functions and duties under this title and within the limitation of funds appropriated specifically for such purpose, utilize the services of such agencies and their employees and, notwithstanding any other provision of law, may reimburse such agencies and their employees for services rendered to assist the Commission in carrying out this title. In furtherance of such cooperative efforts, the Commission may enter into written agreements with such State or local agencies and such agreements may include provisions under which the Commission shall refrain from processing a charge in any cases or class of cases specified in such agreements and under which no person may bring a civil action under section 706 in any cases or class of cases so specified, or under which the Commission shall relieve any person or class of persons in such State or locality from requirements imposed under this section. The Commission shall rescind any such agreement whenever it determines that the agreement no longer serves the interest of effective enforcement of this title.

(c) Except as provided in subsection (d), every employer, employment agency, and labor organization subject to this title shall (1) make and keep such records relevant to the determinations of whether unlawful employment practices have been or are being committed, (2) preserve such records for such periods, and (3) make such reports therefrom, as the Commission shall prescribe by regulation or order, after public hearing, as reasonable, necessary, or appropriate for the enforcement of this title or the regulations or orders thereunder. The Commission shall, by regulation, require each employer, labor organization, and joint labor-management committee subject to this title which controls an apprenticeship or other training program to maintain such records as are reasonably necessary to carry out the purpose of this title, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which such applications were received, and shall furnish to the Commission, upon request, a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training program. Any employer, employment agency, labor organization, or joint labor-management committee which believes that the application to it of any regulation or order issued under this section would result in undue hardship may (1) apply to the Commission for an exemption from the application of such regulation or order, or (2) bring a civil action in the United States district court for the district where such records are kept. If the Commission or the court, as the case may be, finds that the application of the regulation or order to the employer, employment agency, or labor organization in question would impose an undue hardship, the Commission or the court, as the case may be, may grant appropriate relief.

(d) The provisions of subsection (c) shall not apply to any employer, employment agency, labor organization, or joint labor-management committee with respect to matters occurring in any State or political subdivision thereof which has a fair employment practice law during any period in which such employer, employment agency, labor organization, or joint labor-management committee is subject to such law, except that the Commissionmay require such notations on records which such employer, employment agency, labor organization, or joint labor-management committee keeps or is requiredto keep as are necessary because of differences in coverage or methods of enforcement between the State or local law and the provisions of this title. Where an employer is required by Executive Order 10925, issued March 6, 1961, or byany other Executive order prescribing fair employment practices for Government contractors and subcontractors, or by rules or regulations issuedthereunder, to file reports relating to his employment practices with any federal agency or committee, and he is substantially in compliance with such requirements, the Commission shall not require him to file additional reports pursuant to subsection (c) of this section.

(e) It shall be unlawful for any officer or employee of the Commission tomake public in any manner whatever any information obtained by the Commission pursuant to its authority under this section prior to the institution of any proceeding under this title involving such information. Any officer or employee of the Commission who shall make public in any manner whatever any information in violation of this subsection shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $1,000, or imprisoned not more than one year.

INVESTIGATORY POWERS

SEC. 710. (a) For the purposes of any investigation of a charge filed under the authority contained in section 706, the Commission shall have authority to examine witnesses under oath and to require the production of documentary evidence relevant or material to the charge under investigation.

(b) If the respondent named in a charge filed under section 706 fails or refuses to comply with a demand of the Commission for permission to examine or to copy evidence in conformity with the provisions of section 709(a), or if any person required to comply with the provisions of section 709 (c) or (d) fails or refuses to do so, or if any person fails or refuses to comply with a demand by the Commission to give testimony under oath, the United States district court for the district in which such person is found, resides, or transacts business, shall, upon application of the Commission, have jurisdiction to issue to such person an order requiring him to comply with the provisions of section 709 (c) or (d) or to comply with the demand of the Commission, but the attendance of a witness may not be required outside the State where he is found, resides, or transacts business and the production of evidence may not be required outside the State where such evidence is kept.

(c) Within twenty days after the service upon any person charged under section 706 of a demand by the Commission for the production of documentary evidence or for permission to examine or to copy evidence in conformity with the provisions of section 709(a), such person may file in the district court of the United States for the judicial district in which he resides, is found, or transacts business, and serve upon the Commission a petition for an order of such court modifying or setting aside such demand. The time allowed for compliance with the demand in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking such relief, and may be based upon any failure of such demand to comply with the provisions of this title or with the limitations generally applicable to compulsory process or upon any constitutional or other legal right or privilege of such person. No objection which is not raised by such a petition may be urged in the defense to a proceeding initiated by the Commission under subsection (b) for enforcement of such a demand unless such proceeding is commenced by the Commission prior to the expiration of the twenty-day period, or unless the court determines that the defendant could not reasonably have been aware of the availability of such ground of objection.

(d) In any proceeding brought by the Commission under subsection (b), except as provided in subsection (c) of this section, the defendant may petition the court for an order modifying or setting aside the demand of the Commission.

SEC. 711. (a) Every employer, employment agency, and labor organization, as the case may be, shall post and keep posted in conspicuous places upon its premises where notices to employees, applicants for employment, and members are customarily posted a notice to be prepared or approved by the Commission setting forth excerpts from or, summaries of, the pertinent provisions of this title and information pertinent to the filing of a complaint.

(b) A willful violation of this section shall be punishable by a fine of not more than $100 for each separate offense.

VETERANS’ PREFERENCE

SEC. 712. Nothing contained in this title shall be construed to repeal or modify any Federal, State, territorial, or local law creating special rights or preference for veterans.

RULES AND REGULATIONS

SEC. 713. (a) The Commission shall have authority from time to time to issue, amend, or rescind suitable procedural regulations to carry out the provisions of this title. Regulations issued under this section shall be inconformity with the standards and limitations of the Administrative Procedure Act.

(b) In any action or proceeding based on any alleged unlawful employment practice, no person shall be subject to any liability or punishment for or on account of (1) the commission by such person of an unlawful employment practice if he pleads and proves that the act or omission complained of was in good faith, in conformity with, and in reliance on any written interpretation or opinion of the Commission, or (2) the failure of such person to publish and file any information required by any provision of this title if he pleads and proves that he failed to publish and file such information in good faith, in conformity with the instructions of the Commission issued under this title regarding the filing of such information. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the description and annual reports, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this title.

FORCIBLY RESISTING THE COMMISSION OR ITS REPRESENTATIVES

SEC. 714. The provisions of section 111, title 18, United States Code, shall apply to officers, agents, and employees of the Commission in the performance of their official duties.

SPECIAL STUDY BY SECRETARY OF LABOR

SEC. 715. The Secretary of Labor shall make a full and complete study of the factors which might tend to result in discrimination in employment because of age and of the consequences of such discrimination on the economy and individuals affected. The Secretary of Labor shall make a report to the Congress not later than June 30, 1965, containing the results of such studyand shall include in such report such recommendations for legislation to prevent arbitrary discrimination in employment because of age as he determines advisable.

EFFECTIVE DATE

SEC. 716. (a) This title shall become effective one year after the date of its enactment.

(b) Notwithstanding subsection (a), sections of this title other than sections 703, 704, 706, and 707 shall become effective immediately.

(c) The President shall, as soon as feasible after the enactment of this title, convene one or more conferences for the purpose of enabling the leaders of groups whose members will be affected by this title to become familiar with the rights afforded and obligations imposed by its provisions, and for the purpose of making plans which will result in the fair and effective administration of this title when all of its provisions become effective. The President shall invite the participation in such conference or conferences of (1) the members of the President’s Committee on Equal Employment Opportunity, (2) the members of the Commission on Civil Rights, (3) representatives of State and local agencies engaged in furthering equal employment opportunity, (4) representatives of private agencies engaged in furthering equal employment opportunity, and (5) representatives of employers, labor organizations, and employment agencies who will be subject to this title.

TITLE VIII– –REGISTRATION AND VOTING STATISTICS

SEC. 801. The Secretary of Commerce shall promptly conduct a survey to compile registration and voting statistics in such geographic areas as may be recommended by the Commission on Civil Rights. Such a survey and compilation shall, to the extent recommended by the Commission on Civil Rights, only include a count of persons of voting age by race, color, and national origin, and determination of the extent to which such persons are registered to vote, and have voted in any statewide primary or general election in which the Members of the United States House of Representatives are nominated or elected, since January 1, 1960. Such information shall also be collected and compiled in connection with the Nineteenth Decennial Census, and at such other times as the Congress may prescribe. The provisions of section 9 and chapter 7 of title 13, United States Code, shall apply to any survey, collection, or compilation of registration and voting statistics carried out under this title: Provided, however, That no person shall be compelled to disclose his race, color, national origin, or questioned about his political party affiliation, how he voted, or the reasons therefore, nor shall any penalty be imposed for his failure or refusal to make such disclosure. Every person interrogated orally, by written survey or questionnaire or by any other means with respect to such information shall be fully advised with respect to his right to fail or refuse to furnish such information.

TITLE IX– –INTERVENTION AND PROCEDURE AFTER REMOVAL IN CIVIL RIGHTS CASES

SEC. 901. Title 28 of the United States Code, section 1447(d), is amended to read as follows:

“An order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise, except that an order remanding a case to the State court from which it was removed pursuant to section 1443 of this title shall be reviewable by appeal or otherwise.”

SEC. 902. Whenever an action has been commenced in any court of the United States seeking relief from the denial of equal protection of the laws under the fourteenth amendment to the Constitution on account of race, color, religion, or national origin, the Attorney General for or in the name of the United States may intervene in such action upon timely application if the Attorney General certifies that the case is of general public importance. In such action the United States shall be entitled to the same relief as if it had instituted the action.

TITLE X– –ESTABLISHMENT OF COMMUNITY RELATIONS SERVICE

SEC. 1001. (a) There is hereby established in and as a part of the Department of Commerce a Community Relations Service (hereinafter referred to as the “Service”), which shall be headed by a Director who shall be appointed by the President with the advice and consent of the Senate for a term of four years. The Director is authorized to appoint, subject to the civil service laws and regulations, such other personnel as may be necessary to enable the Service to carry out its functions and duties, and to fix their compensation in accordance with the Classification Act of 1949, as amended. The Director is further authorized to procure services as authorized by section 15 of the Act of August 2, 1946 (60 Stat. 810; 5 U.S.C. 55(a)), but at rates for individuals not in excess of $75 per diem.

(b) Section 106(a) of the Federal Executive Pay Act of 1956, as amended (5 U.S.C. 2205(a)), is further amended by adding the following clause thereto: “(52) Director, Community Relations Service.”

SEC. 1002. It shall be the function of the Service to provide assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices based on race, color, or national origin which impair the rights of persons in such communities under the Constitution or laws of the United States or which affect or may affect interstate commerce. The Service may offer its services in cases of such disputes, disagreements, or difficulties whenever, in its judgment, peaceful relations among the citizens of the community involved are threatened thereby, and it may offer its services either upon its own motion or upon the request of an appropriate State or local official or other interested person.

SEC. 1003. (a) The Service shall, whenever possible, in performing its functions, seek and utilize the cooperation of appropriate State or local, public, or private agencies.

(b) The activities of all officers and employees of the Service in providing conciliation assistance shall be conducted in confidence and without publicity, and the Service shall hold confidential any information acquired in the regular performance of its duties upon the understanding that it would be so held. No officer or employee of the Service shall engage in the performance of investigative or prosecuting functions of any department or agency in any litigation arising out of a dispute in which he acted on behalf of the Service. Any officer or other employee of the Service, who shall make public in any manner whatever any information in violation of this subsection, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned not more than one year.

SEC. 1004. Subject to the provisions of sections 205 and 1003(b), the Director shall, on or before January 31 of each year, submit to the Congress a report of the activities of the Service during the preceding fiscal year.

TITLE XI– –MISCELLANEOUS

SEC. 1101. In any proceeding for criminal contempt arising under title II, III, IV, V, VI, or VII of this Act, the accused, upon demand therefor, shall be entitled to a trial by jury, which shall conform as near as may be to the practice in criminal cases. Upon conviction, the accused shall not be fined more than $1,000 or imprisoned for more than six months. This section shall not apply to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to the misbehavior, misconduct, or disobedience of any officer of the court in respect to writs, orders, or process of the court. No person shall be convicted of criminal contempt hereunder unless the act or omission constituting such contempt shall have been intentional, as required in other cases of criminal contempt.

Nor shall anything herein be construed to deprive courts of their power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention.

SEC. 1102. No person should be put twice in jeopardy under the laws of the United States for the same act or omission. For this reason, an acquittal or conviction in a prosecution for a specific crime under the laws of the United States shall bar a proceeding for criminal contempt, which is based upon the same act or omission and which arises under the provisions of this Act; and an acquittal or conviction in a proceeding for criminal contempt, which arises under the provisions of this Act, shall bar a prosecution for a specific crime under the laws of the United States based upon the same act or omission.

SEC. 1103. Nothing in this Act shall be construed to deny, impair, or otherwise affect any right or authority of the Attorney General or of the United States or any agency or officer thereof under existing law to institute or intervene in any action or proceeding.

SEC. 1104. Nothing contained in any title of this Act shall be construed as indicating an intent on the part of Congress to occupy the field in which any such title operates to the exclusion of State laws on the same subject matter, nor shall any provision of this Act be construed as invalidating any provision of State law unless such provision is inconsistent with any of the purposes of this Act, or any provision thereof.

SEC. 1105. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act.

SEC. 1106. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.

Approved July 2, 1964.

 

Source:  https://www.eeoc.gov/eeoc/history/35th/thelaw/civil_rights_act.html

 

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Many versions of the “A Time for Choosing” speech exist, as it was altered when given over several weeks. This popular version was part of a pre-recorded television program, Rendezvous with Destiny, given while campaigning for Barry Goldwater on October 27, 1964. 

Ronald Reagan had been a life-long Democrat and a supporter of Roosevelt’s New Deal policies, but chose to support Republican Barry Goldwater for President in 1964. In this speech, Reagan explains why he made the change. President Johnson’s Great Society policies, Reagan said, assumed that the people were incapable of self-government, and that therefore politicians and bureaucrats in Washington D.C. must have a greater role in deciding how Americans should live. This view taken to its extreme, Reagan argued, would extinguish the promise of liberty and self-government for Americans and the world. Without rejecting the potential good that government can accomplish, Reagan emphasized its fundamental duty to secure natural rights and protect the enjoyment of liberty. Reagan’s “A Time for Choosing” speech and Johnson’s “Great Society” presented two broad views of America’s purpose and future that continue to shape and influence political debate today.

Source:  http://teachingamericanhistory.org/library/document/a-time-for-choosing/

 

“A Time for Choosing”

Ronald Reagan

October 27, 1964

VIDEO:  https://youtu.be/qXBswFfh6AY

Thank you very much. Thank you and good evening. The sponsor has been identified, but unlike most television programs, the performer hasn’t been provided with a script. As a matter of fact, I have been permitted to choose my own ideas regarding the choice that we face in the next few weeks.

I have spent most of my life as a Democrat. I recently have seen fit to follow another course. I believe that the issues confronting us cross party lines. Now, one side in this campaign has been telling us that the issues of this election are the maintenance of peace and prosperity. The line has been used “We’ve never had it so good.”

But I have an uncomfortable feeling that this prosperity isn’t something on which we can base our hopes for the future. No nation in history has ever survived a tax burden that reached a third of its national income. Today, 37 cents of every dollar earned in this country is the tax collector’s share, and yet our government continues to spend $17 million a day more than the government takes in. We haven’t balanced our budget 28 out of the last 34 years. We have raised our debt limit three times in the last twelve months, and now our national debt is one and a half times bigger than all the combined debts of all the nations in the world. We have $15 billion in gold in our treasury — we don’t own an ounce. Foreign dollar claims are $27.3 billion, and we have just had announced that the dollar of 1939 will now purchase 45 cents in its total value.

As for the peace that we would preserve, I wonder who among us would like to approach the wife or mother whose husband or son has died in South Vietnam and ask them if they think this is a peace that should be maintained indefinitely. Do they mean peace, or do they mean we just want to be left in peace? There can be no real peace while one American is dying some place in the world for the rest of us. We are at war with the most dangerous enemy that has ever faced mankind in his long climb from the swamp to the stars, and it has been said if we lose that war, and in doing so lose this way of freedom of ours, history will record with the greatest astonishment that those who had the most to lose did the least to prevent its happening. Well, I think it’s time we ask ourselves if we still know the freedoms that were intended for us by the Founding Fathers.

Not too long ago two friends of mine were talking to a Cuban refugee, a businessman who had escaped from Castro, and in the midst of his story one of my friends turned to the other and said, “We don’t know how lucky we are.” And the Cuban stopped and said, “How lucky you are! I had someplace to escape to.” In that sentence he told us the entire story. If we lose freedom here, there is no place to escape to. This is the last stand on Earth. And this idea that government is beholden to the people, that it has no other source of power except to sovereign people, is still the newest and most unique idea in all the long history of man’s relation to man. This is the issue of this election. Whether we believe in our capacity for self-government or whether we abandon the American revolution and confess that a little intellectual elite in a far-distant capital can plan our lives for us better than we can plan them ourselves.

You and I are told increasingly that we have to choose between a left or right, but I would like to suggest that there is no such thing as a left or right. There is only an up or down — up to a man’s age-old dream, the ultimate in individual freedom consistent with law and order — or down to the ant heap of totalitarianism, and regardless of their sincerity, their humanitarian motives, those who would trade our freedom for security have embarked on this downward course.

In this vote-harvesting time, they use terms like the “Great Society,” or as we were told a few days ago by the President, we must accept a “greater government activity in the affairs of the people.” But they have been a little more explicit in the past and among themselves — and all of the things that I now will quote have appeared in print. These are not Republican accusations. For example, they have voices that say “the cold war will end through acceptance of a not undemocratic socialism.” Another voice says that the profit motive has become outmoded, it must be replaced by the incentives of the welfare state; or our traditional system of individual freedom is incapable of solving the complex problems of the 20th century. Senator Fullbright has said at Stanford University that the Constitution is outmoded. He referred to the president as our moral teacher and our leader, and he said he is hobbled in his task by the restrictions in power imposed on him by this antiquated document. He must be freed so that he can do for us what he knows is best. And Senator Clark of Pennsylvania, another articulate spokesman, defines liberalism as “meeting the material needs of the masses through the full power of centralized government.” Well, I for one resent it when a representative of the people refers to you and me — the free man and woman of this country — as “the masses.” This is a term we haven’t applied to ourselves in America. But beyond that, “the full power of centralized government” — this was the very thing the Founding Fathers sought to minimize. They knew that governments don’t control things. A government can’t control the economy without controlling people. And they know when a government sets out to do that, it must use force and coercion to achieve its purpose. They also knew, those Founding Fathers, that outside of its legitimate functions, government does nothing as well or as economically as the private sector of the economy.

Now, we have no better example of this than the government’s involvement in the farm economy over the last 30 years. Since 1955, the cost of this program has nearly doubled. One-fourth of farming in America is responsible for 85% of the farm surplus. Three-fourths of farming is out on the free market and has known a 21% increase in the per capita consumption of all its produce. You see, that one-fourth of farming is regulated and controlled by the federal government. In the last three years we have spent $43 in feed grain program for every bushel of corn we don’t grow.

Senator Humphrey last week charged that Barry Goldwater as President would seek to eliminate farmers. He should do his homework a little better, because he will find out that we have had a decline of 5 million in the farm population under these government programs. He will also find that the Democratic administration has sought to get from Congress an extension of the farm program to include that three-fourths that is now free. He will find that they have also asked for the right to imprison farmers who wouldn’t keep books as prescribed by the federal government. The Secretary of Agriculture asked for the right to seize farms through condemnation and resell them to other individuals. And contained in that same program was a provision that would have allowed the federal government to remove 2 million farmers from the soil.

At the same time, there has been an increase in the Department of Agriculture employees. There is now one for every 30 farms in the United States, and still they can’t tell us how 66 shiploads of grain headed for Austria disappeared without a trace and Billie Sol Estes never left shore.

Every responsible farmer and farm organization has repeatedly asked the government to free the farm economy, but who are farmers to know what is best for them? The wheat farmers voted against a wheat program. The government passed it anyway. Now the price of bread goes up; the price of wheat to the farmer goes down.

Meanwhile, back in the city, under urban renewal the assault on freedom carries on. Private property rights are so diluted that public interest is almost anything that a few government planners decide it should be. In a program that takes for the needy and gives to the greedy, we see such spectacles as in Cleveland, Ohio, a million-and-a-half-dollar building completed only three years ago must be destroyed to make way for what government officials call a “more compatible use of the land.” The President tells us he is now going to start building public housing units in the thousands where heretofore we have only built them in the hundreds. But FHA and the Veterans Administration tell us that they have 120,000 housing units they’ve taken back through mortgage foreclosures. For three decades, we have sought to solve the problems of unemployment through government planning, and the more the plans fail, the more the planners plan. The latest is the Area Redevelopment Agency. They have just declared Rice County, Kansas, a depressed area. Rice County, Kansas, has two hundred oil wells, and the 14,000 people there have over $30 million on deposit in personal savings in their banks. When the government tells you you’re depressed, lie down and be depressed.

We have so many people who can’t see a fat man standing beside a thin one without coming to the conclusion that the fat man got that way by taking advantage of the thin one. So they are going to solve all the problems of human misery through government and government planning. Well, now, if government planning and welfare had the answer and they’ve had almost 30 years of it, shouldn’t we expect government to almost read the score to us once in a while? Shouldn’t they be telling us about the decline each year in the number of people needing help? The reduction in the need for public housing?

But the reverse is true. Each year the need grows greater, the program grows greater. We were told four years ago that 17 million people went to bed hungry each night. Well, that was probably true. They were all on a diet. But now we are told that 9.3 million families in this country are poverty-stricken on the basis of earning less than $3,000 a year. Welfare spending is 10 times greater than in the dark depths of the Depression. We are spending $45 billion on welfare. Now do a little arithmetic, and you will find that if we divided the $45 billion up equally among those 9 million poor families, we would be able to give each family $4,600 a year, and this added to their present income should eliminate poverty! Direct aid to the poor, however, is running only about $600 per family. It would seem that someplace there must be some overhead.

So now we declare “war on poverty,” or “you, too, can be a Bobby Baker!” Now, do they honestly expect us to believe that if we add $1 billion to the $45 million we are spending…one more program to the 30-odd we have — and remember, this new program doesn’t replace any, it just duplicates existing programs — do they believe that poverty is suddenly going to disappear by magic? Well, in all fairness I should explain that there is one part of the new program that isn’t duplicated. This is the youth feature. We are now going to solve the dropout problem, juvenile delinquency, by reinstituting something like the old CCC camps, and we are going to put our young people in camps, but again we do some arithmetic, and we find that we are going to spend each year just on room and board for each young person that we help $4,700 a year! We can send them to Harvard for $2,700! Don’t get me wrong. I’m not suggesting that Harvard is the answer to juvenile delinquency.

But seriously, what are we doing to those we seek to help? Not too long ago, a judge called me here in Los Angeles. He told me of a young woman who had come before him for a divorce. She had six children, was pregnant with her seventh. Under his questioning, she revealed her husband was a laborer earning $250 a month. She wanted a divorce so that she could get an $80 raise. She is eligible for $330 a month in the Aid to Dependent Children Program. She got the idea from two women in her neighborhood who had already done that very thing.

Yet anytime you and I question the schemes of the do-gooders, we are denounced as being against their humanitarian goals. They say we are always “against” things, never “for” anything. Well, the trouble with our liberal friends is not that they are ignorant, but that they know so much that isn’t so. We are for a provision that destitution should not follow unemployment by reason of old age, and to that end we have accepted Social Security as a step toward meeting the problem.

But we are against those entrusted with this program when they practice deception regarding its fiscal shortcomings, when they charge that any criticism of the program means that we want to end payments to those who depend on them for livelihood. They have called it insurance to us in a hundred million pieces of literature. But then they appeared before the Supreme Court and they testified that it was a welfare program. They only use the term “insurance” to sell it to the people. And they said Social Security dues are a tax for the general use of the government, and the government has used that tax. There is no fund, because Robert Byers, the actuarial head, appeared before a congressional committee and admitted that Social Security as of this moment is $298 billion in the hole. But he said there should be no cause for worry because as long as they have the power to tax, they could always take away from the people whatever they needed to bail them out of trouble! And they are doing just that.

A young man, 21 years of age, working at an average salary … his Social Security contribution would, in the open market, buy him an insurance policy that would guarantee $220 a month at age 65. The government promises $127. He could live it up until he is 31 and then take out a policy that would pay more than Social Security. Now, are we so lacking in business sense that we can’t put this program on a sound basis so that people who do require those payments will find that they can get them when they are due…that the cupboard isn’t bare? Barry Goldwater thinks we can.

At the same time, can’t we introduce voluntary features that would permit a citizen who can do better on his own to be excused upon presentation of evidence that he had made provisions for the non-earning years? Should we allow a widow with children to work, and not lose the benefits supposedly paid for by her deceased husband? Shouldn’t you and I be allowed to declare who our beneficiaries will be under these programs, which we cannot do? I think we are for telling our senior citizens that no one in this country should be denied medical care because of a lack of funds. But I think we are against forcing all citizens, regardless of need, into a compulsory government program, especially when we have such examples, as announced last week, when France admitted that their Medicare program was now bankrupt. They’ve come to the end of the road.

In addition, was Barry Goldwater so irresponsible when he suggested that our government give up its program of deliberate planned inflation so that when you do get your Social Security pension, a dollar will buy a dollar’s worth, and not 45 cents’ worth?

I think we are for an international organization, where the nations of the world can seek peace. But I think we are against subordinating American interests to an organization that has become so structurally unsound that today you can muster a two-thirds vote on the floor of the General Assembly among the nations that represent less than 10 percent of the world’s population. I think we are against the hypocrisy of assailing our allies because here and there they cling to a colony, while we engage in a conspiracy of silence and never open our mouths about the millions of people enslaved in Soviet colonies in the satellite nation.

I think we are for aiding our allies by sharing of our material blessings with those nations which share in our fundamental beliefs, but we are against doling out money government to government, creating bureaucracy, if not socialism, all over the world. We set out to help 19 countries. We are helping 107. We spent $146 billion. With that money, we bought a $2 million yacht for Haile Selassie. We bought dress suits for Greek undertakers; extra wives for Kenyan government officials. We bought a thousand TV sets for a place where they have no electricity. In the last six years, 52 nations have bought $7 billion worth of our gold, and all 52 are receiving foreign aid from this country.

No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we’ll ever see on this Earth. Federal employees number 2.5 million, and federal, state, and local, one out of six of the nation’s work force is employed by the government. These proliferating bureaus with their thousands of regulations have cost us many of our constitutional safeguards. How many of us realize that today federal agents can invade a man’s property without a warrant? They can impose a fine without a formal hearing, let alone a trial by jury, and they can seize and sell his property in auction to enforce the payment of that fine. In Chico County, Arkansas, James Wier overplanted his rice allotment. The government obtained a $17,000 judgment, and a U.S. marshal sold his 950-acre farm at auction. The government said it was necessary as a warning to others to make the system work. Last February 19 at the University of Minnesota, Norman Thomas, six-time candidate for President on the Socialist Party ticket, said, “If Barry Goldwater became President, he would stop the advance of socialism in the United States.” I think that’s exactly what he will do.

As a former Democrat, I can tell you Norman Thomas isn’t the only man who has drawn this parallel to socialism with the present administration. Back in 1936, Mr. Democrat himself, Al Smith, the great American, came before the American people and charged that the leadership of his party was taking the part of Jefferson, Jackson, and Cleveland down the road under the banners of Marx, Lenin, and Stalin. And he walked away from his party, and he never returned to the day he died, because to this day, the leadership of that party has been taking that party, that honorable party, down the road in the image of the labor socialist party of England. Now it doesn’t require expropriation or confiscation of private property or business to impose socialism on a people. What does it mean whether you hold the deed or the title to your business or property if the government holds the power of life and death over that business or property? Such machinery already exists. The government can find some charge to bring against any concern it chooses to prosecute. Every businessman has his own tale of harassment. Somewhere a perversion has taken place. Our natural, inalienable rights are now considered to be a dispensation of government, and freedom has never been so fragile, so close to slipping from our grasp as it is at this moment. Our Democratic opponents seem unwilling to debate these issues. They want to make you and I believe that this is a contest between two men … that we are to choose just between two personalities.

Well, what of this man that they would destroy? And in destroying, they would destroy that which he represents, the ideas that you and I hold dear. Is he the brash and shallow and trigger-happy man they say he is? Well, I have been privileged to know him “when.” I knew him long before he ever dreamed of trying for high office, and I can tell you personally I have never known a man in my life I believe so incapable of doing a dishonest or dishonorable thing.

This is a man who in his own business, before he entered politics, instituted a profit-sharing plan, before unions had ever thought of it. He put in health and medical insurance for all his employees. He took 50 percent of the profits before taxes and set up a retirement program, a pension plan for all his employees. He sent checks for life to an employee who was ill and couldn’t work. He provided nursing care for the children of mothers who work in the stores. When Mexico was ravaged by floods from the Rio Grande, he climbed in his airplane and flew medicine and supplies down there.

An ex-GI told me how he met him. It was the week before Christmas during the Korean War, and he was at the Los Angeles airport trying to get a ride home to Arizona for Christmas, and he said that there were a lot of servicemen there and no seats available on the planes. Then a voice came over the loudspeaker and said, “Any men in uniform wanting a ride to Arizona, go to runway such-and-such,” and they went down there, and there was this fellow named Barry Goldwater sitting in his plane. Every day in the weeks before Christmas, all day long, he would load up the plane, fly to Arizona, fly them to their homes, then fly back over to get another load.

During the hectic split-second timing of a campaign, this is a man who took time out to sit beside an old friend who was dying of cancer. His campaign managers were understandably impatient, but he said, “There aren’t many left who care what happens to her. I’d like her to know I care.” This is a man who said to his 19-year-old son, “There is no foundation like the rock of honesty and fairness, and when you begin to build your life upon that rock, with the cement of the faith in God that you have, then you have a real start.” This is not a man who could carelessly send other people’s sons to war. And that is the issue of this campaign that makes all of the other problems I have discussed academic, unless we realize that we are in a war that must be won.

Those who would trade our freedom for the soup kitchen of the welfare state have told us that they have a utopian solution of peace without victory. They call their policy “accommodation.” And they say if we only avoid any direct confrontation with the enemy, he will forget his evil ways and learn to love us. All who oppose them are indicted as warmongers. They say we offer simple answers to complex problems. Well, perhaps there is a simple answer — not an easy answer — but simple.

If you and I have the courage to tell our elected officials that we want our national policy based upon what we know in our hearts is morally right. We cannot buy our security, our freedom from the threat of the bomb by committing an immorality so great as saying to a billion now in slavery behind the Iron Curtain, “Give up your dreams of freedom because to save our own skin, we are willing to make a deal with your slave masters.” Alexander Hamilton said, “A nation which can prefer disgrace to danger is prepared for a master, and deserves one.” Let’s set the record straight. There is no argument over the choice between peace and war, but there is only one guaranteed way you can have peace — and you can have it in the next second — surrender.

Admittedly there is a risk in any course we follow other than this, but every lesson in history tells us that the greater risk lies in appeasement, and this is the specter our well-meaning liberal friends refuse to face — that their policy of accommodation is appeasement, and it gives no choice between peace and war, only between fight and surrender. If we continue to accommodate, continue to back and retreat, eventually we have to face the final demand — the ultimatum. And what then? When Nikita Khrushchev has told his people he knows what our answer will be? He has told them that we are retreating under the pressure of the Cold War, and someday when the time comes to deliver the ultimatum, our surrender will be voluntary because by that time we will have weakened from within spiritually, morally, and economically. He believes this because from our side he has heard voices pleading for “peace at any price” or “better Red than dead,” or as one commentator put it, he would rather “live on his knees than die on his feet.” And therein lies the road to war, because those voices don’t speak for the rest of us. You and I know and do not believe that life is so dear and peace so sweet as to be purchased at the price of chains and slavery. If nothing in life is worth dying for, when did this begin — just in the face of this enemy? Or should Moses have told the children of Israel to live in slavery under the pharaohs? Should Christ have refused the cross? Should the patriots at Concord Bridge have thrown down their guns and refused to fire the shot heard ’round the world? The martyrs of history were not fools, and our honored dead who gave their lives to stop the advance of the Nazis didn’t die in vain. Where, then, is the road to peace? Well, it’s a simple answer after all.

You and I have the courage to say to our enemies, “There is a price we will not pay.” There is a point beyond which they must not advance. This is the meaning in the phrase of Barry Goldwater’s “peace through strength.” Winston Churchill said that “the destiny of man is not measured by material computation. When great forces are on the move in the world, we learn we are spirits — not animals.” And he said, “There is something going on in time and space, and beyond time and space, which, whether we like it or not, spells duty.”

You and I have a rendezvous with destiny. We will preserve for our children this, the last best hope of man on Earth, or we will sentence them to take the last step into a thousand years of darkness.

We will keep in mind and remember that Barry Goldwater has faith in us. He has faith that you and I have the ability and the dignity and the right to make our own decisions and determine our own destiny.

Thank you very much.

 

Source:  https://www.presidency.ucsb.edu/documents/address-behalf-senator-barry-goldwater-time-for-choosing