美国宪法

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美国宪法

2023-10-03 00:50| 来源: 网络整理| 查看: 265

PREAMBLE序言

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

我们合众国人民,为建立更完善的联盟,树立正义,保障国内安宁,提供共同防务,促进公共福利,并使我们自己和后代得享自由的幸福,特为美利坚合众国制定本宪法。

ARTICLE I第一条

Section 1第一款

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

本宪法所授予的全部立法权均属于由参议院和众议院组成的合众国国会。

Section 2第二款

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

众议院由各州人民每两年选举产生的议员组成,每州的选举人应具备该州州议会人数最多一院的选举人所需具备的资格。

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

年龄未满25岁,为合众国公民未满7年以及当选时非其选出州居民者,不得为众议院议员。

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to 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.

众议院人数和直接税税额均应按本联邦所辖各州的人口比例分配于各州,各州人口数目指自由人总数加上所有其他人口的3/5。自由人总数包括必须在一定年限内服役的人,但不包括未被征税的印地安人。人口的实际统计应于合众国国会第一次会议3年内,以及此后每10年内依照法律规定的方式进行。众议员人数以每3万人选出1人为限,但每州至少应有众议员1人。在实行此种人口统计前,新罕布什尔州可选出3人,马萨诸塞州8人,罗得岛州和普罗维登斯种植地1人,康涅狄格州5人,纽约州6人,新泽西州4人,宾夕法尼亚州8人,特拉华州1人,马里兰州6人,弗吉尼亚州10人,北卡罗莱纳州5人,南卡罗莱纳州5人,佐治亚州3人。

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

任何一州所选众议员中出现缺额时,该州行政长官应发布选举令以补足此项缺额。

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

众议院应选举该院议长和其他官员,并独自享有弹劾权。

Section 3第三款

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

合众国参议院由每州州议会选出2名参议员组成,参议员任期6年,每名参议员有1票表决权。

Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

参议员在第一次选举后集会时,应即尽可能平均分为三组:第一组参议员应于第2年年终改选,第二组参议员应于第4年年终改选,第3组参议员应于第6年年终改选,以便每两年改选参议员总数的1/3。在任何一州州议会休会期间,如因辞职或其他原因出现参议员缺额,该州行政长官可在州议会召开下次会议补足缺额之前,任命临时参议员。

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.

年龄未满30岁,为合众国公民未满9年以及当选时非其选出州居民者,不得为参议院议员。

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

合众国副总统应为参议院议长,但除非出现该院全体参议员的赞成票和反对票相等的情况,无表决权。

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

参议院应选定本院其他官员,遇副总统缺席或行使合众国总统职权时,并应选举临时议长。

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

参议院享有审理一切弹劾案的全权。因审理弹劾案而开庭时,参议员应进行宣誓或作郑重声明。合众国总统受审时,应由最高法院首席大法官主持审判,无论何人,非经出席参议员2/3人数同意,不得被定罪。

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

弹劾案的判决,应以免职和剥夺其担任和享有合众国荣誉职位、信任职位或高收益职位的资格为限;但被定罪者仍应依法接受起诉、审讯、判决和惩罚。

Section 4第四款

The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

举行参议员和众议员选举的时间、地点和方式,由各州州议会自行规定,但除选举参议员地点一项外,国会可随时以法律规定或改变此类规定。

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

国会每年至少应开会一次,除以法律另行指定日期外,会议应在12月第一个星期一举行。

Section 5第五款

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

各院应自行审查本院议员的选举、选举结果报告和议员资格;各院议员出席过半数即构成议事的法定人数;不足法定人数时可逐日休会,并可依照各院规定的方式与罚则强迫缺席议员出席会议。

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.

各院可制定其议事规则,处罚扰乱秩序的议员,并可经2/3人数同意开除议员。

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

各院应保持本院的会议记录,并不时予以公布,但各该院认为需要保密的那部分除外;各院议员对任何问题所投的赞成票和反对票应依出席议员1/5的请求,载入会议记录。

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

在国会开会期间,一院未经另一院同意不得休会3日以上,也不得从两院开会地点移往他处。

Section 6第六款

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

参议员和众议员应取得由法律规定,并从合众国国库中支付的服务报酬。两院议员,除犯有叛国罪、重罪和妨害治安罪外,在出席各自议院会议期间和往返于各自议院途中不受逮捕;也不得因其在各自议院发表的演说或辩论而在其他任何地方受到质问。

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.

参议员或众议员在其当选期内不得出任合众国当局在此期间设置或增加薪俸的任何文官职务;在合众国属下供职者,在其继续任职期间,不得担任国会任何一院的议员。

Section 7第七款

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

所有征税议案应首先由众议院提出;但参议院可以如同对待其他议案一样,提出修正案或对修正案表示赞同。

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.

众议院或参议院通过的每一议案,均应在成为法律之前送交合众国总统;总统如批准该议案,即应签署;如不批准,则应附上异议书将议案退还给提出该项议案的议院,该院应将总统异议详细载入本院会议记录,并进行复议。如复议后,该院2/3议员同意通过,即应将该议案连同异议书送交另一院,另一院亦应加以复议,如经该院2/3议员认可,该项议案即成为法律。但在这种情况下,两院的表决应以投赞成票和反对票决定,投赞成票或反对票的议员的姓名应分别载入各该院的会议记录。如议案在送交总统后10日内(星期日除外)未经退还,即视为业经总统签署,该项议案即成为法律;但如因国会休会而阻碍该议案退还,则该项议案不能成为法律。

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

凡须经参议院和众议院一致同意的命令、决议或表决(有关休会问题者除外)均应送交合众国总统,以上命令、决议或表决须经总统批准始能生效。如总统不予批准,则应按照对于议案所规定的规则与限制,由参议院和众议院2/3议员再行通过。

Section 8第八款

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;

国会拥有下列权力:

规定和征收直接税、间接税、进口税与货物税,以偿付国债、提供合众国共同防御与公共福利,但所有间接税、进口税与货物税应全国统一;

To borrow Money on the credit of the United States;

以合众国的名义借贷款项;

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

管理合众国与外国的、各州之间的以及与印地安部落的贸易;

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

制定全国统一的归化条例和破产法;

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

铸造货币,厘定国币和外币的价值,并确定度量衡的标准;

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

制定关于伪造合众国证券和通货的罚则;

To establish Post Offices and post Roads;

设立邮局并开辟邮路;

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;

保障著作家和发明家对其著作和发明在限定期间内的专利权,以促进科学与实用技艺的发展;

To constitute Tribunals inferior to the supreme Court;

设立低于最高法院的各级法院;

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

明确划定并惩罚在公海上所犯的海盗罪与重罪以及违反国际法的犯罪行为;

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

宣战,颁发缉拿敌船许可证和报复性拘捕证,制定关于陆上和水上的拘捕条例;

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

招募陆军并供应给养,但此项用途的拨款期限不得超过两年;

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;

招募陆军并供应给养,但此项用途的拨款期限不得超过两年;

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;

装备海军并供应给养;规定征召民兵的组织、装备和纪律,规定可能征召为合众国服务的那部分民兵的管理办法;但民兵军官的任命和按照国会规定纪律训练民兵的权力由各州保留;

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

在任何情况下,对由某些州让与合众国,经国会接受,充作合众国政府所在地的区域(其面积不超过10平方英里)行使专有的立法权;并对经州立法机构同意由合众国在该州购买的一切用于修筑要塞、军火库、兵工厂、船厂及其他必要建筑物的地方行使同样权力。

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.

制定为执行以上各项权力和依据本宪法授予合众国政府或政府中任何机关或官员的其他一切权力所必要的和恰当的法律。(from - http://www.171english.cn)

Section 9第九款

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.

现有任何一州认为应予接纳的人员移居或入境时,国会在1808年以前不得加以禁止;但对入境者可征收每人不超过10美元的税金或关税。

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.

根据人身保护令享有的特权,除非在发生叛乱或遭遇入侵,公共治安需要停止此项特权时,不得中止。

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

不得通过公民权利剥夺法案或追溯既往的法律。

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

除按本宪法前文对人口普查或统计结果规定的比例征税外,不得征收人头税或其他直接税。

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

对于从任何一州输入的货物不得征收直接税或间接税。

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.

任何贸易条例或税收条例不得给予一州港口以优于另一州港口的特惠,开往或来自一州的船舶不得强令其在另一州入港、出港或交纳关税。

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.

除依据法律规定拨款外不得从国库支款;一切公款的收支报告和账目应不时予以公布。

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.

合众国不得授予贵族爵位;在合众国担任任何信任职位或高收益职位者,未经国会许可,不得接受任何外国君主或国家所赠予的任何礼物、酬金、官职或爵位。

Section 10第十款

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.

无论何州,不得缔结条约、结盟或加入联邦;不得颁发缉拿敌船许可证和报复性拘捕证;不得铸造货币;不得发行信用券;不得将金银币以外的任何物品作为偿还债务的法定货币;不得通过公民权利剥夺法案、追溯既往的法律或损害契约义务的法律;不得授予任何贵族爵位。

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 Control of the Congress.

无论何州,不经国会同意,不得对进出口货物征收进口税或间接税,但为执行该州检查法令所绝对必要者不在此限。任何一州对进出口货物征得的一切间接税和进口税的净所得额应充合众国国库之用,所有这类法律都应由国会负责修订与控制。

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.

无论何州,未经国会同意,不得征收船舶吨位税,不得在和平时期保持军队或战舰,不得与另一州或外国缔结协定或条约,除非已实际遭受入侵或遇到刻不容缓的危险,不得进行战争。

ARTICLE II第二条

第一款

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:

行政权属于美利坚合众国总统。总统任期为4年,副总统任期与总统任期相同。总统和副总统的选举办法如下:

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. 各州应按照该州议会规定的方式选派选举人若干名,其人数应与该州所应选派于国会的参议员和众议员的总数相等;但参议员或众议员或在合众国政府中担任信任职位或高收益职位者不得被选派为选举人。

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.

选举人应在本州集会,投票选举2人,其中至少应有1人不是选举人同州的居民。选举人应开列名单,写明所有被选举人和每人所得票数,计算票数。获得选票最多者如选票超出选举人总数的一半即当选为总统。

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.

如不止1人获得半数选票且票数相当,众议院应立即投票其中1人为总统。如无人获得过半数票,则众议院应以同样方式从名单上得票最多的5人中选举1人为总统。但众议院选举总统时应以州为单位投票,每州代表有1票表决权;以此种方式选举总统的法定人数为全国2/3的州各有1名或数名代表出席,并须取得所有州的过半数票始能当选。

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. 在总统选出后,获得选举人所投票数最多者即当选为副总统;但如有2人或数人获得相等票数,参议院应投票选举其中1人为副总统。

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.

国会可决定选出选举人的时间以及选举人的投票日期,该日期须全国统一。 任何人除出生于合众国的公民或在本宪法通过时已为合众国公民者外,不得当选为总统。年龄未满35岁及居住于合众国境内未满14年者亦不得当选为总统。

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.

如遇总统免职、死亡、辞职或丧失履行总统权力和职责的能力时,该项职务应移交给副总统;在总统与副总统均为免职、死亡、辞职或丧失履行总统权力和职责的能力时,国会得依法律规定宣布某一官员代行总统职权,该官员即为总统,直至总统恢复任职能力或新总统选出为止。

The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: ―“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

总统应在规定时间获得服务报酬,此项报酬在其当选任总统期间不得增加或减少。总统在任期内不得收受合众国或任何一州给予的任何其他酬金。 总统在就职前应作如下宣誓或郑重声明: “我谨庄严宣誓(或郑重声明),我一定忠实执行合众国总统职务,竭尽全力,恪守、维护和捍卫合众国宪法。”

Section 2第二款

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.

总统为合众国陆海军的总司令,并在各州民团奉召为合众国执行任务时担任统帅 ; 他可以要求每个行政部门的主管官员提出有关他们职务的任何事件的书面意见,除了弹劫案之外,他有权对于违犯合众国法律者颁赐缓刑和特赦。

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 other- wise 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.

总统有权缔订条约,但须争取参议院的意见和同意,并须出席的参议员中三分之二的人赞成;总统应提出人选,并于取得参议院的意见和同意后,任命大使、公使及领事、最高法院的法官,以及一切其他在本宪法中未经明定、但以后将依法律的规定而设置之合众国官员。国会可以制定法律,酌情把这些下级官员的任命权,授予总统本人,或授予法院,或授予各部部长。

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.

在参议院休会期间,如遇有职位出缺,总统有权任命官员补充缺额,任期于参议院下届会议结束时终结。

Section 3第三款

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.

总统应经常向国会提供有关国情的报告,并向国会提出他认为必要和适当的措施,供其考虑;在非常时期,总统可召集两院或其中一院开会,如两院对于休会时间意见不一致时,总统可使两院休会到他认为适当的时期为止;总统应接见大使和公使;他应监督一切法律的切实执行,并任命合众国的一切官员。

Section 4第四款

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

合众国总统、副总统及其他所有文官,因叛国、贿赂或其它重罪和轻罪而遭弹劾并被判定有罪时,应予以免职。

Article IV 第四条

Section 1 第一款

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.

各州对其它州的公共法令、记录和司法诉讼程序应给予完全的信任和尊重。国会可用一般法律规定此类法令、记录和司法诉讼程序的验定方法及其效力。

Section 2第二款

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

每州公民应享受其他各州公民所有之一切特权及豁免权。

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.

凡在任何一州被控犯有叛国罪、重罪或其它罪行的人并于另一州被缉获时,该州应即依照该人所逃出之州的行政当局的请求,将其交出,以便押送到对该罪行有审理权的州。

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.

凡根据一州之法律应在该州服兵役或服劳役者,逃往另一州时,不得根据逃往州的任何法律或规章解除该兵役或劳役,而应依照有权得到兵役或劳役的当事人的要求,将其交出。

Section 3第三款

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.

国会可准许新州加入本联邦,但不得在任何其他州的管辖权之内组成或建立新州,亦不得未经有关州议会和国会同意合并两州或数州的部分地区建立新州。

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.

国会有权处置并制定合众国领土或其它财产的一切必要法章和条例;对本宪法条文,不得作有损于合众国或任何特定州的任何权利的解释。

Section 4第四款

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.

合众国应保障联邦各州实行共和政体,保护各州免受入侵,并应根据州议会或州行政长官 (当州议会不能召集时) 的请求平定内乱。

Article V 第五条

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.

国会应在两院各2/3议员认为必要时,提出本宪法的修正案,或根据全国2/3州议会的请求召开公议提出修正案。以上任何一种情况下提出的修正案,经全国的州议会或3/4州的制宪会议批准,即成为本宪法的一部分而发生实际效力;采用哪种批准方式可由国会提出。但在1808年前所制定的修正案不得以任何形式影响本宪法全文第九款之第一、第四两项;任何一州,未经其同意,不得被剥夺它在参议院中的平等投票权。

Article VI 第六条

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.

本宪法生效前所负的一切债务和所签订一切契约在本宪法生效后对合众国仍然有效,其效力一如邦联时代。

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.

本宪法及依照本宪法所制定之合众国法律以及根据合众国权力所缔结或将缔结的一切条约,均为全国的最高法律;即使与任何一州的宪法或法律相抵触,各州的法官仍应遵守。任何一州宪法或法律中的任何内容与之抵触时,均不得违反本宪法。

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.

上述参议员和众议员、各州议会议员以及合众国政府和各州一切行政、司法官员均应宣誓或郑重声明拥护本宪法;但不得以宗教信仰作为担任合众国任何官职或公职的必要资格。

Article VII 第七条

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

经过9个州的制宪会议批准,即足以使本宪法在批准本宪法的各州成立。

出处来源:美国宪法中英文对照:http://114.xixik.com/us-constitution/



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