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.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

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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We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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
Structure of legislative chamber(s)
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.

First chamber selection
Section 2
Term length for first chamber
Subsidiary unit government
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.

Minimum age for first chamber
Eligibility for first chamber
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.

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

Leader of first chamber
Head of state removal
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.

Minimum age for second chamber
Eligibility for second chamber
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.

Deputy executive
Leader of second chamber
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.

Head of state removal
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.

Head of state removal
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
Quorum for legislative sessions
Attendance by legislators
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.

Removal of individual legislators
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.

Secrecy of legislative votes
Publication of deliberations
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
Immunity of legislators
Compensation of legislators
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.

Eligibility for cabinet
Outside professions of legislators
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
Finance bills
First chamber reserved policy areas
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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.

Tax bills
Approval of general legislation
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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;

Rights of debtors
Requirements for naturalization
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;

Reference to art
Reference to science
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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;

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

Power to declare/approve war
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

Initiation of general legislation
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.

Protection from unjustified restraint
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.

Protection from ex post facto laws
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.

International law
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.

Subsidiary unit government
Federal review of subnational legislation
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 its 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.

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
Deputy executive
Section 1
Head of state selection
Name/structure of executive(s)
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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:

Head of state selection
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.

Head of state selection
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 Representatives 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.

Head of state selection
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.

Eligibility for head of state
Minimum age of head of state
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.

Head of state removal
Head of state replacement
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.

Oaths to abide by constitution
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
Power to pardon
Designation of commander in chief
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.

Treaty ratification
Supreme court selection
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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.

Joint meetings of legislative chambers
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Section 3
He shall from time to time give to the Congress Information on 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.

Head of state removal
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
Supreme court term length
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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
International law
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.

Right to appeal judicial decisions
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.

Jury trials required
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.

Accession of territory
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.

Type of government envisioned
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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.

Constitution amendment procedure
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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.

International law
Duty to obey the constitution
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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.

Oaths to abide by constitution
Separation of church and state
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.

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 Independence of the United States of America the Twelfth. In WITNESS whereof We have hereunto subscribed our Names,

George Washington, President

and deputy from Virginia

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, Robt. Morris, Tho: Fitzsimons, James Wilson, Thomas Mifflin, Geo. Clymer, Jared Ingersoll, Gouv: Morris.

Delaware: Geo: Read, John Dickinson, Jaco: Broom, Gunning Bedford, Jun'r, Richard Bassett.

Maryland: James M'Henry, Danl Carroll, Dan: of St. Thos. Jenifer.

Virginia: John Blair, James Madison, Jr.

North Carolina: Wm. Blount, Hu. Williamson, Rich’d Dobbs Spaight.

South Carolina: J. Rutledge, Charles Pinckney, Charles Cotesworth Pinckney, Pierce Butler.

Georgia: William Few, Abr. Baldwin

Attest, William Jackson, Secretary.

The Bill of Rights
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 insure 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.

Freedom of expression
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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.

Right to bear arms
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.

Regulation of evidence collection
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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.

Guarantee of due process
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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.

Jury trials required
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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.

Right to pre-trial release
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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.

Subsidiary unit government
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.

Amendment XI
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.

Head of state selection
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Amendment XII
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 VicePresident, 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.

Prohibition of slavery
Amendment XIII
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 this article by appropriate legislation.

Amendment XIV
Right to life
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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.

Restrictions on voting
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.

Eligibility for supreme court judges
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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.

Claim of universal suffrage
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Amendment XV
Equality regardless of skin color
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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.

Amendment XVI
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.

Amendment XVII
Subsidiary unit government
Second chamber selection
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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 legislatures.

Replacement of legislators
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.

Amendment XVIII
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.

Claim of universal suffrage
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Amendment XIX
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 sex.

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

Amendment XX
Section 1
The terms of the President and Vice President shall end at noon on 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.

Amendment XXI
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
This 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.

Head of state term limits
Amendment XXII
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.

Amendment XXIII
Head of state selection
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.

Restrictions on voting
Amendment XXIV
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.

Head of state replacement
Amendment XXV
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.

Head of state removal
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.

Restrictions on voting
Amendment XXVI
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.

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

Report Comment

简称 宪法
提请审议机关 中华人民共和国宪法起草委员会
公布日期 1954年9月20日
施行日期 1954年9月20日
最新修正 2018年3月11日
法律效力位阶 宪法
人大会议审议:1954年9月15日 – 9月28日
中华人民共和国国徽 收录于国家法律法规数据库的法律原文:
管轄區 中華人民共和國
批准 1954年9月20日
施行 1954年9月20日
制度 單一制、共和制
分支機構 6個(立法、行政、軍事、監察、审判、檢察)
國家元首 中華人民共和國主席
立法機構 中华人民共和国全国人民代表大会及其常务委员会(一院制)
行政機構 中華人民共和國國務院
司法機構 中华人民共和国最高人民法院
地方制度 單一制
選舉人團 是
立法機構首設 1949年9月21日(全国政協代行全国人大职责)
行政機構首設 1949年10月1日(中央人民政府)
司法機構首設 1949年10月22日(中央人民政府最高人民法院)
修正次數 8次
最近修正 2018年3月11日
文本保存地 北京
審議者 第一屆全國人民代表大會
取代 中国人民政治协商会议共同纲领



1 制宪历史
1.1 共同纲领的颁布
1.2 五四宪法的制定
2 修宪历史
2.1 七五宪法
2.2 七八宪法
2.3 八二宪法
2.3.1 修正案
3 宪法内容
4 宪法施行
4.1 宪法解释
4.2 違憲审查
4.3 引用宪法裁判争议
4.4 效力爭議
5 宪法比较
6 注释
7 参考文献
8 参见
9 外部链接


主条目:中华人民共和国宪法 (1954年)

毛泽东于1953年3月初在修改审定的《宪法草案初稿说明》中指出:“宪法的基本任务,就是要从国家的制度、国家的权力和人民的权利等方面作出正确的适合历史需要的规定,使国家在过渡时期的总任务的完成获有法律上的保证。宪法草案的主要努力,首先用在这个目的上。”[8]因此,这部宪法实质上具有了一定的过渡性质[註 1]。宪法序言即规定了“国家在过渡时期”“逐步实现国家的社会主义工业化,逐步完成对农业、手工业和资本主义工商业的社会主义改造。”






这部宪法规定公民拥有迁徙自由、居留权等,还纳入了公民在法律上一律平等的条款,行文上颇具建设性[8]。此时,由于民主党派尚能发挥监督制约作用,且捍卫1946年政治协商会议的决议仍然是中共反对国民党政府有力的宣传武器[註 2],因此1954年宪法仍未远离8年前政治协商会议决议精神和5年前《中国人民政治协商会议共同纲领》的民主原则,例如全国人大的设置、内阁制、国家元首统帅军队等等。有观点认为,这部宪法的诸多条款,例如人民法院独立审判,公民自由迁徙权,均达到了1949年以来各部宪法无法超越的高度[20]。


主条目:中华人民共和国宪法 (1975年)






主条目:中华人民共和国宪法 (1978年)





主条目:中华人民共和国宪法 (1982年)

1980年,经全国人大决定,正式成立了由叶剑英、宋庆龄和彭真主持,包含民主党派、社团团体主要负责人和法学家在内的“中华人民共和国宪法修改委员会”。[27]宪法修改委员会主委叶剑英强调,“经修改的宪法应当反映并且有利于我国社会主义的政治制度、经济制度和文化制度的改革与完善。法制的民主原则、平等原则、司法独立原则应当得到更充分实现,在宪法修改中作出适当规定。”[27] 宪法修改委员会成立后立即投入了运作,这次修宪酝酿讨论的广泛程度均超越前两次修宪。[27]

在修宪讨论过程中,宪法修改委员会秘书长胡乔木曾提出将全国人大代表的数量削减至1000人,于全国人大下设立两个院,各500人,使全国人大成为常设机构,以改变人大“橡皮图章”的印象;另有委员提出,仿效苏联最高苏维埃设立联盟院和民族院的制度,“按地区产生的代表组成一院,按行业界别产生的代表组成另一院”。[27] 而以邓小平和叶剑英为首的反对者们认为,“如果两家意见不一致,协调起来非常麻烦,运作很困难”。最终双方达成折衷,将全国人民代表大会常务委员会的职权大为扩大,使之成为常设立法机关,有权制定绝大部分法律和审议应当由全国人大批准的法律。[27]此外,在修宪过程中,许多法学学者的专业意见也得到了采纳。如经济学者孙冶方就曾给宪法修改委员会写信,建议取消“国家由中国共产党领导”和“指导思想”条款,得到了宪法修改委员会的肯定。[27]同时,这部宪法也恢复了“法律面前人人平等”的条款。[27]宪法修改委员会副主委彭真在有关会议上曾说明修改宪法的四个原则[27]:


删除了诸如“在无产阶级专政下继续革命”的文革语言[註 3]
规定了包括中国共产党在内的“任何组织或者个人都不得有超越宪法和法律的特权” [7][27]

1988年,因應改革開放潮流[註 4],第七届全国人大修改宪法第十条和第十一条。允许私营经济出现,并准许土地使用权转让。





项目 共同纲领 五四宪法 七五宪法 七八宪法 八二宪法(原文及一至四次修正) 现行文本
领导阶级 工人阶级
正文是否明确共产党领导 否 是 否 是
是否明确共产党遵守宪法 是
最高国家权力机关 中国人民政治协商会议 全国人民代表大会
最高国家权力机关的常设机关 中央人民政府委员会 全国人民代表大会常务委员会
国家元首 中央人民政府主席 国家主席 全国人大常委会 国家主席
国家元首任期限制 无 有 无
政府首脑 中央人民政府政务院总理 国务院总理
政府首脑任期限制 无 有
政府首脑提名权 中央人民政府委员会 国家主席 中国共产党中央委员会 国家主席
最高国家行政机关 政务院和国家计划委员会 中华人民共和国国务院(即中央人民政府)
最高国家监察机关 未设置(监察权由人民政府行政监察部门行使) 中华人民共和国国家监察委员会
最高国家审判机关 中央人民政府最高人民法院 最高人民法院
最高国家检察机关 中央人民政府最高人民检察署 最高人民检察院 中华人民共和国公安部 最高人民检察院
地方行政机关 人民政府 人民委员会 革命委员会 人民政府
基层行政机关 人民政府 人民委员会 人民公社 人民政府
武装力量统率 中央人民政府人民革命军事委员会 国家主席 中共中央主席 国家军委主席
是否明定人权保障 否 是(2004年修宪后写入)
是否明定公民一律平等 是 否 是
是否明定迁徙权 是 否
是否明定罢工权 否 是 否
是否允许私有制 是 否 是
是否明确台湾是中国领土 否 是






更多信息:违宪审查 § 中華人民共和國




2001年8月,最高法院民一庭庭长的黄松有在《人民法院报》专门就齐玉苓案撰文《宪法司法化及其意义》,指出中国公民依照宪法规定享有的基本权利有相当一部分在司法实践中长期处于 “睡眠” 或 “半睡眠” 状态,最高法院针对此案的批复首次打破了“沉默”,“开创了法院保护公民依照宪法规定享有的基本权利之先河”。[51]2008年12月18日,最高人民法院发布公告,废止了包括《最高人民法院关于以侵犯姓名权的手段侵犯宪法保护的公民受教育的基本权利是否应承担民事责任的批复》在内的27项司法解释[50]。


按照卡尔·罗文斯坦依照宪法在国家实际权力运作方面所具有的实质意义进行的划分[53],《中华人民共和国宪法》属于典型的字义型宪法(Semantic Constitution),即宪法不能全然发挥限制国家权力,保障人民权利之作用,宪法完全缺乏规范力,成为装饰品。例如,尽管中国政府声称该宪法是“维护和实现百姓权益最根本的保护神”[54],事实上此法在1957年的反右运动[55]和1966年-1976年的文化大革命中均未能发挥其正文中所规定的:“禁止非法拘禁和以其他方法非法剥夺或者限制公民的人身自由,禁止非法搜查公民的身体”等条文之效力以保障公民权利,甚至未能保障国家主席刘少奇的人身权利[56][57]。直至2021年,仍有相当数量的中国公民因言论被治罪,却得不到宪法言论自由条款(宪法第三十五条「中华人民共和国公民有言论、出版、集会、结社、游行、示威的自由」)的保护。有人士指,这部由执政党起草的,代表该党意志的宪法,[58]自颁布以来,除“党的领导”条款之外的所有条款从未被该执政党认真遵守过[59]。也有观点认为,遵守宪法是党章规定,党应当在宪法范围内活动[60]。







缺乏资本主义宪政要素。资本主义下的中华民国宪法规定了司法独立,军队国家化,新闻自由等资本主义宪政要素,并具有复杂的资本主义权力制衡(Power Check-and-balance)机制以防止权力滥用[70]。而中华人民共和国宪法虽有法院和检察院的作用问题,但那不是司法独立而是分工。正如孙中山先生所言,中国的君权也有分工,即立法、行政、司法。

私营经济入宪过程,可参阅 徐庆全:私营经济是怎么获得"准生证"的,北京日报;或者 1988年2月28日,中国共产党中央委员会正式向全国人民代表大会常务委员会提出《关于修改中华人民共和国宪法个别条款的建议》。
王云奇主编. 人大常委会组成人员读本. 北京:中国民主法制出版社. 2017.01: 20. ISBN 978-7-5162-1334-6.
艾其来主编. 宪法知识公民读本 以案释法版. 北京:中国民主法制出版社. 2016.06: 111. ISBN 978-7-5162-1222-6.
全国人大常委会办公厅供稿. 中华人民共和国宪法 公报版. 北京:中国民主法制出版社. 2018.03: 6. ISBN 978-7-5162-1496-1.
殷啸虎主编;殷啸虎,程维荣,朱应平,汪仲启撰稿. 宪法学 原理与运用. 上海:上海社会科学院出版社. 2016-11: 57. ISBN ‎978-7-5520-1537-9.
翁惠根著. 标准与实施. 杭州:浙江工商大学出版社. 2018.12: 12. ISBN 978-7-5178-3097-9.
闫树熙. 统计思想发展及统计制度变迁研究. 北京:北京理工大学出版社. 2017.07: 159. ISBN 978-7-5682-4348-3.
中华人民共和国全国人民代表大会常务委员会. 中华人民共和国宪法 2014年1月1日第一版. 北京: 中国法制出版社. 2004-03-14 [2017-06-16]. ISBN 9787509358078. (原始内容存档于2017-06-10) (中文(中国大陆)).
腾讯新闻. 共和国辞典44期:“五四宪法”. 腾讯网历史. [2017-06-22]. (原始内容存档于2019-05-03) (中文(中国大陆)).
五四宪法贡献了什么. [2009-01-04]. (原始内容存档于2009-01-07).
关于五四宪法的历史反思. [2009-01-04]. (原始内容存档于2016-03-12).
腾讯新闻. 共和国辞典第42期:七五宪法. 腾讯网历史. 2011年 [2017-06-22]. (原始内容存档于2018-03-02) (中文(中国大陆)).
程燎原,王人博.赢得神圣权利及其救济通论[M] 387页,青岛:山东人民出版社,1998
腾讯新闻. 共和国辞典第43期:七八宪法. 腾讯网历史. 2011年 [2017-06-22]. (原始内容存档于2017-08-28) (中文(中国大陆)).
腾讯新闻. 共和国辞典第44期:八二宪法. 腾讯网历史. 2011年 [2017-06-22]. (原始内容存档于2016-08-16) (中文(中国大陆)).
邓小平完善民主集中制 三项重要建议--邓小平纪念网--人民网. cpc.people.com.cn. [2019-09-11].
八二宪法与宪政. 炎黄春秋. [2019-08-28]. (原始内容存档于2019-08-28).
邓小平同志亲自指导起草一九八二年宪法--中国人大新闻--人民网. www.people.com.cn. [2019-08-28]. (原始内容存档于2019-08-28).
dwnews. 邓小平实指宪政 -中国新闻周刊. blog.dwnews.com. [2019-10-21]. (原始内容存档于2019-10-21) (中文(中国大陆)).
纪念邓小平8.18讲话三十周年 政商学界呼吁重启政改. 法国国际广播电台. 2010-08-18 [2019-10-24]. (原始内容存档于2019-10-23) (中文).
dwnews. 邓小平实指宪政 -中国新闻周刊. blog.dwnews.com. [2019-10-21]. (原始内容存档于2019-10-21) (中文(中国大陆)).
论邓小平宪政思想_CNKI学问. xuewen.cnki.net. [2019-10-21]. (原始内容存档于2019-10-21).
重读八二宪法:中国宪政的真问题-田雷. www.guancha.cn. [2019-10-21]. (原始内容存档于2019-10-21).
1982年宪法修改:推开宪政之门 绝不容许文革重演_历史频道_凤凰网. news.ifeng.com. [2019-10-21]. (原始内容存档于2019-10-11).
此次修宪背景,可参阅近年中国大陆公开出版的《宪法学》教材,或参阅 孙丙珠:《修宪提高了我国宪法的权威和尊严》载《法学研究》1999年第3期 
《中华人民共和国宪法修正案(草案)》(摘要). 新华网. 2018-01-30 [2018-03-06]. (原始内容存档于2018-03-06).
宪法专题. 中国普法网. 2002-12-04 [2003-12-20]. (原始内容存档于2003-12-05).
中国宪法的制定和修改 新华网. [2007-12-26]. (原始内容存档于2007-12-24).。“宪法以中国共产党提出的“党在过渡时期的总路线”作为国家的总任务,并把党所创建的基本制度和党所制定的基本方针和重要政策予以宪法化、条文化,为我国后来的民主建设与制度建设奠定了基础。”
胡锦涛:宪法为建设小康社会提供法律保障 2002年12月4日
Constitution of the People's Republic of China (PDF). Purdue University. [14 November 2019]. (原始内容存档 (PDF)于2018-05-23).
Estes, Adam Clark. China's Still Having a Hard Time Obeying Its Own Constitution. The Atlantic. 3 February 2013 [14 November 2019].
Allen-Ebrahimian, Bethany. On First Annual Constitution Day, China's Most Censored Word Was 'Constitution'. Foreign Policy. 5 December 2014 [14 November 2019]. (原始内容存档于2018-09-17).
Kenneth G. Lieberthal; The Editors of Encyclopaedia Britannica Cultural life. China:Government and society:Constitutional framework. Encyclopædia Britannica. [2021-06-10].
我们期待来自全国人大的声音——三位法学博士的法律思考 (页面存档备份,存于互联网档案馆) 《中国青年报》记者崔丽 人民网
Matthieu, Burnay. Global Constitutionalism from European and East Asian Perspectives. Cambridge University Press. November 2018: 225–244. ISBN 9781108264877.
Keith J., Hand. Using Law for a Righteous Purpose: The Sun Zhigang Incident and Evolving Forms of Citizen Action in the People's Republic of China. Columbia Journal of Transnational Law. 2006, 45.
沈春耀. 全国人民代表大会常务委员会法制工作委员会关于2020年备案审查工作情况的报告. 中国人大网. 北京. [2021-02-02] (中文(简体)).
援引宪法打官司的历史缘何终结. 中国宪治网. 中国人民大学. [2018-11-01]. (原始内容存档于2018-11-01).
新华社对最近冒名上大学的事情发了一个锐评... 来自荣大一姐. 微博. [2020-06-29]. (原始内容存档于2020-06-29).
最高人民法院 关于印发《人民法院民事裁判文书制作规范》《民事诉讼文书样式》的通知. 龙江法院网. [2018-02-28]. (原始内容存档于2018-03-01).
宪法专题 中华人民共和国司法部.
参见一九五七年六月八日《人民日报》社论 新华网.
中国共产党第八届中央委员会第十二次全会公报 人民网.
例如参见:黄峥,刘少奇的最后的岁月(1966-1969) (北京,中央文献出版社 2002)
中国宪法的制定和修改 新华网.“宪法以中国共产党提出的“党在过渡时期的总路线”作为国家的总任务,并把党所创建的基本制度和党所制定的基本方针和重要政策予以宪法化、条文化,为我国后来的民主建设与制度建设奠定了基础。”
芦笛: 驳《〈零八宪章〉是在呼吁修宪还是制宪?》“ 【博讯】 http://news.boxun.com/news/gb/pubvp/2008/12/200812191106.shtml
胡锦涛:宪法为建设小康社会提供法律保障 2002年12月4日
宪法序言的功能与效力研究,>2004年 第12卷 第06期
宪法比较可参见点评:五权宪法与今日中国宪法之比较 北京大学教授商德文, 2006年11月13日,宪法比较,中国的宪法与宪政和《评中共伪宪法》,台北:中央日报社,1954年 等
孙中山全集,中华书局 或者 国父全集,近代中国出版社(台北)
点评:五权宪法与今日中国宪法之比较 北京大学教授商德文, 2006年11月13日
中华民国宪法精义与立国精神 谢瑞智原著,谢世维修订,ISBN:9574129837,
张君劢助手蒋匀田回忆说,中华民国宪法内容九成以上来自政协宪草,参见 蒋匀田《中国近代史的转折点》
参见 政治协商会议纪实,重庆出版社,1989
参见 制宪国民大会公布,宪法实施之准备程序,1946 
新华网:1954年 中华人民共和国宪法颁布实施(9月20日)
参见中共中央文件选集十八 中央关于废除国民党《六法全书》和确定解放区司法原则的指示〔1〕中国共产党新闻 人民网. 熊先觉废除六法全书的缘由及影响炎黄春秋 2007年第3期
七八宪法 1979年修正案
Wikisource-logo.svg 您可以在維基文庫中查找此百科條目的相關原始文獻:
关于修改宪法的报告 (1975年)
关于修改宪法的报告 (1978年)
中华人民共和国宪法修正案 (1988年)
中华人民共和国宪法修正案 (1993年)
中华人民共和国宪法修正案 (1999年)
中华人民共和国宪法修正案 (2004年)
中华人民共和国宪法修正案 (2018年)
全国人民代表大会: 中华人民共和国宪法(页面存档备份,存于互联网档案馆)
全国人民代表大会: 中华人民共和国宪法修正案(2004年)(页面存档备份,存于互联网档案馆)

《中国人民政治协商会议共同纲领》 中华人民共和国宪制性文件
1954年9月至今 后继文件:
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