美國憲法第一條

美國憲法第一條確定由美國國會來作為美國聯邦政府中的立法機關，包括其由聯邦眾議院和聯邦參議院兩院組成及兩院議員的選舉方式、任職資格、任期及人數等。同時還規定了立法程式，列舉了立法機構的權力，最後還說明了聯邦國會和各州相應權力的限制。把國會作為憲法第一條，代表國會至上的原則，而國會是國民的代表，有國民主權的意味。第一款：立法權屬於國會.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.憲法第一條第一款將聯邦立法權完全賦予聯邦國會。在憲法第二條與第三條中，也有類似條款將行政權賦予聯邦總統，將司法權賦予聯邦法庭。憲法的前三條共同構成了美國聯邦政府三權分立的憲政基礎，也即聯邦政府的立法、行政、司法機構獨立施行憲法所賦予的權力，並且不得侵犯另一機構的憲法權力，以此來維護對人民負責的有限政府。憲法第一條關於國會立法權的規定中特別強調了三權分立的原則。憲法規定國會僅能就憲法第一條明文列出的事項施行立法權。雖然憲法並未明文規定，但是國會早已事實擁有調查聽證權，並且經由最高法院確認此權力為行使國會立法權所必須之附帶權力。然而，最高法院同時也限制此調查聽證權應當限於與國會立法有關而不可任意濫用。國會調查聽證無可爭議的經常物件之一就是聯邦行政分支，然而國會能否強制總統或聯邦政府官員提交檔案或證詞卻充滿了爭議。在實際聽證中，國會受限的聽證權意味著國會不能對個體公民的私人生活進行調查聽證。根據三權分立原則，對於個體公民的調查聽證權力應當屬於法院而非國會。不過，自大蕭條以來，法院傾向於尊重國會的調查聽證權，而非施加不必要的限制。第二款：眾議院.第1節：眾議員的組成和選舉方式.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.因為聯邦眾議員由選民直接選舉產生，所以當眾議員議席出缺時，州長不能指定臨時眾議員，而應當根據第二款第四節之規定組織補選以填補此空缺。憲法制定時，並未明確指出公民擁有直接選舉權。然而，憲法中明確規定了在州議會選舉中擁有選舉權的公民也擁有眾議員的選舉權。立憲先賢們藉此清晰地表明瞭眾議院應當由公民直接選舉產生。自南北戰爭以來，通過了若干個憲法修正案以阻止各州對於選民資格的不當限制。例如，憲法第十四修正案賦予所有美國公民以平等的選舉權。第十五修正案禁止基於種族、膚色或之前為奴隸的經歷而剝奪公民的選舉權。第十九修正案禁止基於性別而剝奪公民的選舉權，也即賦予婦女選舉權。第二十四修正案禁止基於選舉稅而剝奪公民選舉權。第二十六修正案則將選舉權年齡降低至十八週歲。最高法院認為選舉權乃是基本人權之一，因此基於“平等保護條款”而對各州剝奪選舉權的規定進行了異常嚴格的限定。對於選舉權的認定僅基於是否為美國公民，居住於何州，以及年齡。由於第三節規定每州都應選出至少一名眾議員進入眾議院代表本州，因此眾議院中眾議員數量並非嚴格正比於各州選民數量。因為眾議院議席固定為435席，而若干小州的選民人數不足全國選民人數的1/435，然而這些小州也會選出一名眾議員，相當於小州“侵奪”了大州的一些眾議員名額。然而，最高法院也裁定若任何州選舉產生多名眾議員，則在該州內各聯邦眾議員選區之人口應當基本相等。第2節：眾議員的選舉資格.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.憲法中對眾議員的代表資格做了三條規定：至少25歲，在一州當選時必須是該州公民，並且之前7年必須是美國公民。憲法中並沒有規定議員必須是其所代表的具體選區的公民，不過實際情況上除一些少數例外情況外通常如此。第3節：各州眾議員和直接稅份額分配.第4節：空缺.When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.第5節：議長、其他官員和彈劾.第三款：參議院.第1節：參議員的人陣列成和選舉.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.第2節：參議員的選舉方式及出現空缺時的措施.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.第3節：參議員當選資格.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.第4節：副總統任參議院議長及其投票權限制.The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.第5節：臨時議長及其他官員選舉.第6節：彈劾案審判權.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.第7節：彈劾案判決的許可權範圍和罪名成立後的懲罰.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.第四款：國會選舉.第1節：選舉時間、地點的確定方式.第2節：國會工作日程.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.第五款：程式.第1節：國會議事法定人數及許可權.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.第2節：議事及開除議員的規則.Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a member.第3節：會議記錄.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.第4節：休會.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.第六款：報酬、特權及任職限制.第1節：報酬和法律保護.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.第2節：與行政部門分隔.No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been increased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.第七款：議案.第1節：徵稅議案.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.第2節：從提出議案到生效成為法律的程式.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.第3節：總統批准.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.第八款：國會權力.列舉的權力.國會的立法權列舉在第八款中：譯文：國會有權：商業條款.The Congress shall have Power [...] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;必要和適當條款.The Congress shall have Power [...] 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.第九款：對國會的限制.這一款提出了對國會權力的限制：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 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.譯文：現有任何一州認為得准予入境之人的遷移或入境，在1808年以前，國會不得加以禁止，但對此種人的入境，每人可徵不超過十美元的稅。第十款：對各州的限制.第1節：契約條款.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.第2節：進出口關稅.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 [sic] 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.第3節：船稅、軍隊和盟約.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.