InfoTelesys Lawsuit: K. COMMON AUTHORITIES
We the People of the
United States, in Order to form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the common defence, promote the
general Welfare, and secure the Blessings of Liberty to ourselves and
our Posterity, do ordain and establish this Constitution for the United
States of America.
Article.
I.
Section. 1.
All legislative Powers herein granted shall be vested in a Congress of
the United States, which shall consist of a Senate and House of
Representatives.
Section. 2.
The House of Representatives shall be composed of Members chosen every
second Year by the People of the several States, and the Electors in
each State shall have
the
Qualifications requisite for Electors of the most numerous Branch of the
State Legislature.
No Person shall be a
Representative who shall not have attained to the Age of twenty five
Years, and been seven Years a Citizen of the United States, and who
shall not, when elected, be an Inhabitant of that State in which he
shall be chosen.
Representatives and direct
Taxes shall be apportioned among the several States which may be
included within this Union, according to their respective Numbers, which
shall be determined by adding to the whole Number of free Persons,
including those bound to Service for a Term of Years, and excluding
Indians not taxed, three fifths of all other Persons. The actual
Enumeration shall be made within three Years after the first Meeting of
the Congress of the United States, and within every subsequent Term of
ten Years, in such Manner as they shall by Law direct. The Number of
Representatives shall not exceed one for every thirty Thousand, but each
State shall have at Least one Representative; and until such enumeration
shall be made, the State of New Hampshire shall be entitled to chuse
three, Massachusetts eight, Rhode-Island and Providence Plantations one,
Connecticut five, New-York six, New Jersey four, Pennsylvania eight,
Delaware one, Maryland six, Virginia ten, North Carolina five, South
Carolina five, and Georgia three.
When vacancies happen in
the Representation from any State, the Executive Authority thereof shall
issue Writs of Election to fill such Vacancies.
The House of
Representatives shall chuse their Speaker and other Officers; and shall
have the sole Power of Impeachment.
Section. 3.
The Senate of the United States shall be composed of two Senators from
each State, chosen by the Legislature thereof , for six Years;
and each Senator shall have one Vote.
Immediately after they
shall be assembled in Consequence of the first Election, they shall be
divided as equally as may be into three Classes. The Seats of the
Senators of the first Class shall be vacated at the Expiration of the
second Year, of the second Class at the Expiration of the fourth Year,
and of the third Class at the Expiration of the sixth Year, so that one
third may be chosen every second Year; and if Vacancies happen by
Resignation, or otherwise, during the Recess of the Legislature of any
State, the Executive thereof may make temporary Appointments until the
next Meeting of the Legislature, which shall then fill such Vacancies
.
No Person shall be a
Senator who shall not have attained to the Age of thirty Years, and been
nine Years a Citizen of the United States, and who shall not, when
elected, be an Inhabitant of that State for which he shall be chosen.
The Vice President of the
United States shall be President of the Senate, but shall have no Vote,
unless they be equally divided.
The Senate shall chuse
their other Officers, and also a President pro tempore, in the Absence
of the Vice President, or when he shall exercise the Office of President
of the United States.
The Senate shall have the
sole Power to try all Impeachments. When sitting for that Purpose, they
shall be on Oath or Affirmation. When the President of the United States
is tried,
the Chief Justice shall preside: And no Person shall be convicted
without the Concurrence of two thirds of the Members present.
Judgment in Cases of
Impeachment shall not extend further than to removal from Office, and
disqualification to hold and enjoy any Office of honor, Trust or Profit
under the United States: but the Party convicted shall nevertheless be
liable and subject to Indictment, Trial, Judgment and Punishment,
according to Law.
Section. 4.
The Times, Places and Manner of holding Elections for Senators and
Representatives, shall be prescribed in each State by the Legislature
thereof; but the Congress may at any time by Law make or alter such
Regulations, except as to the Places of chusing Senators.
The Congress shall
assemble at least once in every Year, and such Meeting shall be on
the first Monday in December , unless they shall by Law appoint a
different Day.
Section. 5.
Each House shall be the Judge of the Elections, Returns and
Qualifications of its own Members, and a Majority of each shall
constitute a Quorum to do Business; but a smaller Number may adjourn
from day to day, and may be authorized to compel the Attendance of
absent Members, in such Manner, and under such Penalties as each House
may provide.
Each House may determine
the Rules of its Proceedings, punish its Members for disorderly
Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a
Journal of its Proceedings, and from time to time publish the same,
excepting such Parts as may in their Judgment require Secrecy; and the
Yeas and Nays of the Members of either House on any question shall, at
the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the
Session of Congress, shall, without the Consent of the other, adjourn
for more than three days, nor to any other Place than that in which the
two Houses shall be sitting.
Section. 6.
The Senators and Representatives shall receive a Compensation for their
Services, to be ascertained by Law, and paid out of the Treasury of the
United States. They shall in all Cases, except Treason, Felony and
Breach of the Peace, be privileged from Arrest during their Attendance
at the Session of their respective Houses, and in going to and returning
from the same; and for any Speech or Debate in either House, they shall
not be questioned in any other Place.
No Senator or
Representative shall, during the Time for which he was elected, be
appointed to any civil Office under the Authority of the United States,
which shall have been created, or the Emoluments whereof shall have been
encreased during such time; and no Person holding any Office under the
United States, shall be a Member of either House during his Continuance
in Office.
Section. 7.
All Bills for raising Revenue shall originate in the House of
Representatives; but the Senate may propose or concur with Amendments as
on other Bills.
Every Bill which shall
have passed the House of Representatives and the Senate, shall, before
it become a Law, be presented to the President of the United States; If
he approve he shall sign it, but if not he shall return it, with his
Objections to that House in which it shall have originated, who shall
enter the Objections at large on their Journal, and proceed to
reconsider it. If after such Reconsideration two thirds of that House
shall agree to pass the Bill, it shall be sent, together with the
Objections, to the other House, by which it shall likewise be
reconsidered, and if approved by two thirds of that House, it shall
become a Law. But in all such Cases the Votes of both Houses shall be
determined by yeas and Nays, and the Names of the Persons voting for and
against the Bill shall be entered on the Journal of each House
respectively. If any Bill shall not be returned by the President within
ten Days (Sundays excepted) after it shall have been presented to him,
the Same shall be a Law, in like Manner as if he had signed it, unless
the Congress by their Adjournment prevent its Return, in which Case it
shall not be a Law.
Every Order, Resolution,
or Vote to which the Concurrence of the Senate and House of
Representatives may be necessary (except on a question of Adjournment)
shall be presented to the President of the United States; and before the
Same shall take Effect, shall be approved by him, or being disapproved
by him, shall be repassed by two thirds of the Senate and House of
Representatives, according to the Rules and Limitations prescribed in
the Case of a Bill.
Section. 8.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts
and Excises, to pay the Debts and provide for the common Defence and
general Welfare of the United States; but all Duties, Imposts and
Excises shall be uniform throughout the United States;
To borrow Money on the
credit of the United States;
To regulate Commerce with
foreign Nations, and among the several States, and with the Indian
Tribes;
To establish an uniform
Rule of Naturalization, and uniform Laws on the subject of Bankruptcies
throughout the United States;
To coin Money, regulate
the Value thereof, and of foreign Coin, and fix the Standard of Weights
and Measures;
To provide for the
Punishment of counterfeiting the Securities and current Coin of the
United States;
To establish Post Offices
and post Roads;
To promote the Progress of
Science and useful Arts, by securing for limited Times to Authors and
Inventors the exclusive Right to their respective Writings and
Discoveries;
To constitute Tribunals
inferior to the supreme Court;
To define and punish
Piracies and Felonies committed on the high Seas, and Offences against
the Law of Nations;
To declare War, grant
Letters of Marque and Reprisal, and make Rules concerning Captures on
Land and Water;
To raise and support
Armies, but no Appropriation of Money to that Use shall be for a longer
Term than two Years;
To provide and maintain a
Navy;
To make Rules for the
Government and Regulation of the land and naval Forces;
To provide for calling
forth the Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions;
To provide for organizing,
arming, and disciplining, the Militia, and for governing such Part of
them as may be employed in the Service of the United States, reserving
to the States respectively, the Appointment of the Officers, and the
Authority of training the Militia according to the discipline prescribed
by Congress;
To exercise exclusive
Legislation in all Cases whatsoever, over such District (not exceeding
ten Miles square) as may, by Cession of particular States, and the
Acceptance of Congress, become the Seat of the Government of the United
States, and to exercise like Authority over all Places purchased by the
Consent of the Legislature of the State in which the Same shall be, for
the Erection of Forts, Magazines, Arsenals, dock-Yards, and other
needful Buildings; And
To make all Laws which
shall be necessary and proper for carrying into Execution the foregoing
Powers, and all other Powers vested by this Constitution in the
Government of the United States, or in any Department or Officer
thereof.
Section. 9.
The Migration or Importation of such Persons as any of the States now
existing shall think proper to admit, shall not be prohibited by the
Congress prior to the Year one thousand eight hundred and eight, but a
Tax or duty may be imposed on such Importation, not exceeding ten
dollars for each Person.
The Privilege of the Writ
of Habeas Corpus shall not be suspended, unless when in Cases of
Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex
post facto Law shall be passed.
No Capitation, or other
direct, Tax shall be laid, unless in Proportion to the Census or
Enumeration herein before directed to be taken.
No Tax or Duty shall be
laid on Articles exported from any State.
No Preference shall be
given by any Regulation of Commerce or Revenue to the Ports of one State
over those of another; nor shall Vessels bound to, or from, one State,
be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn
from the Treasury, but in Consequence of Appropriations made by Law; and
a regular Statement and Account of the Receipts and Expenditures of all
public Money shall be published from time to time.
No Title of Nobility shall
be granted by the United States: And no Person holding any Office of
Profit or Trust under them, shall, without the Consent of the Congress,
accept of any present, Emolument, Office, or Title, of any kind
whatever, from any King, Prince, or foreign State.
Section. 10.
No State shall enter into any Treaty, Alliance, or Confederation; grant
Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make
any Thing but gold and silver Coin a Tender in Payment of Debts; pass
any Bill of Attainder, ex post facto Law, or Law impairing the
Obligation of Contracts, or grant any Title of Nobility.
No State shall, without
the Consent of the Congress, lay any Imposts or Duties on Imports or
Exports, except what may be absolutely necessary for executing it's
inspection Laws; and the net Produce of all Duties and Imposts, laid by
any State on Imports or Exports, shall be for the Use of the Treasury of
the United States; and all such Laws shall be subject to the Revision
and Controul of the
Congress.
No State shall, without
the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships
of War in time of Peace, enter into any Agreement or Compact with
another State, or with a foreign Power, or engage in War, unless
actually invaded, or in such imminent Danger as will not admit of delay.
Article.
II.
Section. 1.
The executive Power shall be vested in a President of the United States
of America. He shall hold his Office during the Term of four Years, and,
together with the Vice President, chosen for the same Term, be elected,
as follows:
Each State shall appoint,
in such Manner as the Legislature thereof may direct, a Number of
Electors, equal to the whole Number of Senators and Representatives to
which the State may be entitled in the Congress: but no Senator or
Representative, or Person holding an Office of Trust or Profit under the
United States, shall be appointed an Elector.
The Electors shall meet in
their respective States, and vote by Ballot for two Persons, of whom one
at least shall not be an Inhabitant of the same State with themselves.
And they shall make a List of all the Persons voted for, and of the
Number of Votes for each; which List they shall sign and certify, and
transmit sealed to the Seat of the Government of the United States,
directed to the President of the Senate. The President of the Senate
shall, in the Presence of the Senate and House of Representatives, open
all the Certificates, and the Votes shall then be counted. The Person
having the greatest Number of Votes shall be the President, if such
Number be a Majority of the whole Number of Electors appointed; and if
there be more than one who have such Majority, and have an equal Number
of Votes, then the House of Representatives shall immediately chuse by
Ballot one of them for President; and if no Person have a Majority, then
from the five highest on the List the said House shall in like Manner
chuse the President. But in chusing the President, the Votes shall be
taken by States, the Representation from each State having one Vote; a
quorum for this Purpose shall consist of a Member or Members from two
thirds of the States, and a Majority of all the States shall be
necessary to a Choice. In every Case, after the Choice of the President,
the Person having the greatest Number of Votes of the Electors shall be
the Vice President. But if there should remain two or more who have
equal Votes, the Senate shall chuse from them by Ballot the Vice
President .
The Congress may determine
the Time of chusing the Electors, and the Day on which they shall give
their Votes; which Day shall be the same throughout the United States.
No Person except a natural
born Citizen, or a Citizen of the United States, at the time of the
Adoption of this Constitution, shall be eligible to the Office of
President; neither shall any Person be eligible to that Office who shall
not have attained to the Age of thirty five Years, and been fourteen
Years a Resident within the United States.
In Case of the Removal of
the President from Office, or of his Death, Resignation, or Inability to
discharge the Powers and Duties of the said Office, the Same shall
devolve on the Vice President, and the Congress may by Law provide for
the Case of Removal, Death, Resignation or Inability, both of the
President and Vice President, declaring what Officer shall then act as
President, and such Officer shall act accordingly, until the Disability
be removed, or a President shall be elected
.
The President shall, at
stated Times, receive for his Services, a Compensation, which shall
neither be 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."
Section. 2.
The President shall be Commander in Chief of the Army and Navy of the
United States, and of the Militia of the several States, when called
into the actual Service of the United States; he may require the
Opinion, in writing, of the principal Officer in each of the executive
Departments, upon any Subject relating to the Duties of their respective
Offices, and he shall have Power to grant Reprieves and Pardons for
Offences against the United States, except in Cases of Impeachment.
He shall have Power, by
and with the Advice and Consent of the Senate, to make Treaties,
provided two thirds of the Senators present concur; and he shall
nominate, and by and with the Advice and Consent of the Senate, shall
appoint Ambassadors, other public Ministers and Consuls, Judges of the
supreme Court, and all other Officers of the United States, whose
Appointments are not herein otherwise provided for, and which shall be
established by Law: but the Congress may by Law vest the Appointment of
such inferior Officers, as they think proper, in the President alone, in
the Courts of Law, or in the Heads of Departments.
The President shall have
Power to fill up all Vacancies that may happen during the Recess of the
Senate, by granting Commissions which shall expire at the End of their
next Session.
Section. 3.
He shall from time to time give to the Congress Information of the State
of the Union, and recommend to their Consideration such Measures as he
shall judge necessary and expedient; he may, on extraordinary Occasions,
convene both Houses, or either of them, and in Case of Disagreement
between them, with Respect to the Time of Adjournment, he may adjourn
them to such Time as he shall think proper; he shall receive Ambassadors
and other public Ministers; he shall take Care that the Laws be
faithfully executed, and shall Commission all the Officers of the United
States.
Section. 4.
The President, Vice President and all civil Officers of the United
States, shall be removed from Office on Impeachment for, and Conviction
of, Treason, Bribery, or other high Crimes and Misdemeanors.
Article.
III.
Section. 1.
The judicial Power of the United States shall be vested in one supreme
Court, and in such inferior Courts as the Congress may from time to time
ordain and establish. The Judges, both of the supreme and inferior
Courts, shall hold their Offices during good Behaviour, and shall, at
stated Times, receive for their Services a Compensation, which shall not
be diminished during their Continuance in Office.
Section. 2.
The judicial Power shall extend to all Cases, in Law and Equity, arising
under this Constitution, the Laws of the United States, and Treaties
made, or which shall be made, under their Authority; to all Cases
affecting Ambassadors, other public Ministers and Consuls; to all
Cases of admiralty and maritime Jurisdiction; to Controversies to
which the United States shall be a Party; to Controversies between two
or more States; between a State and Citizens of another State ;
between Citizens of different States; between Citizens of the same
State claiming Lands under Grants of different States, and between a
State, or the Citizens thereof, and foreign States, Citizens or
Subjects.
In all Cases affecting
Ambassadors, other public Ministers and Consuls, and those in which a
State shall be Party, the supreme Court shall have original
Jurisdiction. In all the other Cases before mentioned, the supreme Court
shall have appellate Jurisdiction, both as to Law and Fact, with such
Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes,
except in Cases of Impeachment, shall be by Jury; and such Trial shall
be held in the State where the said Crimes shall have been committed;
but when not committed within any State, the Trial shall be at such
Place or Places as the Congress may by Law have directed.
Section. 3.
Treason against the United States shall consist only in levying War
against them, or in adhering to their Enemies, giving them Aid and
Comfort. No Person shall be convicted of Treason unless on the Testimony
of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have
Power to declare the Punishment of Treason, but no Attainder of Treason
shall work Corruption of Blood, or Forfeiture except during the Life of
the Person attainted.
Article.
IV.
Section. 1.
Full Faith and Credit shall be given in each State to the public Acts,
Records, and judicial Proceedings of every other State. And the Congress
may by general Laws prescribe the Manner in which such Acts, Records and
Proceedings shall be proved, and the Effect thereof.
Section. 2.
The Citizens of each State shall be entitled to all Privileges and
Immunities of Citizens in the several States.
A Person charged in any
State with Treason, Felony, or other Crime, who shall flee from Justice,
and be found in another State, shall on Demand of the executive
Authority of the State from which he fled, be delivered up, to be
removed to the State having Jurisdiction of the Crime.
No Person held to Service
or Labour in one State, under the Laws thereof, escaping into another,
shall, in Consequence of any Law or Regulation therein, be discharged
from such Service or Labour, but shall be delivered up on Claim of the
Party to whom such Service or Labour may be due
.
Section. 3.
New States may be admitted by the Congress into this Union; but no new
State shall be formed or erected within the Jurisdiction of any other
State; nor any State be formed by the Junction of two or more States, or
Parts of States, without the Consent of the Legislatures of the States
concerned as well as of the Congress.
The Congress shall have
Power to dispose of and make all needful Rules and Regulations
respecting the Territory or other Property belonging to the United
States; and nothing in this Constitution shall be so construed as to
Prejudice any Claims of the United States, or of any particular State.
Section. 4.
The United States shall guarantee to every State in this Union a
Republican Form of Government, and shall protect each of them against
Invasion; and on Application of the Legislature, or of the Executive
(when the Legislature cannot be convened), against domestic Violence.
Article.
V.
The Congress, whenever two
thirds of both Houses shall deem it necessary, shall propose Amendments
to this Constitution, or, on the Application of the Legislatures of two
thirds of the several States, shall call a Convention for proposing
Amendments, which, in either Case, shall be valid to all Intents and
Purposes, as Part of this Constitution, when ratified by the
Legislatures of three fourths of the several States, or by Conventions
in three fourths thereof, as the one or the other Mode of Ratification
may be proposed by the Congress; Provided that no Amendment which may be
made prior to the Year One thousand eight hundred and eight shall in any
Manner affect the first and fourth Clauses in the Ninth Section of the
first Article; and that no State, without its Consent, shall be
deprived of its equal Suffrage in the Senate .
Article.
VI.
All Debts contracted and
Engagements entered into, before the Adoption of this Constitution,
shall be as valid against the United States under this Constitution, as
under the Confederation.
This Constitution, and the
Laws of the United States which shall be made in Pursuance thereof; and
all Treaties made, or which shall be made, under the Authority of the
United States, shall be the supreme Law of the Land; and the Judges in
every State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.
The Senators and
Representatives before mentioned, and the Members of the several State
Legislatures, and all executive and judicial Officers, both of the
United States and of the several States, shall be bound by Oath or
Affirmation, to support this Constitution; but no religious Test shall
ever be required as a Qualification to any Office or public Trust under
the United States.
Article.
VII.
The Ratification of the
Conventions of nine States, shall be sufficient for the Establishment of
this Constitution between the States so ratifying the Same.
The Word, "the," being
interlined between the seventh and eighth Lines of the first Page, The
Word "Thirty" being partly written on an Erazure in the fifteenth Line
of the first Page, The Words "is tried" being interlined between the
thirty second and thirty third Lines of the first Page and the Word
"the" being interlined between the forty third and forty fourth Lines of
the second Page.
Attest William Jackson
Secretary
done in Convention by the
Unanimous Consent of the States present the Seventeenth Day of September
in the Year of our Lord one thousand seven hundred and Eighty seven and
of the Independence of the United States of America the Twelfth In
witness whereof We have hereunto subscribed our Names,
Go.
WASHINGTON
Presidt.
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
THOMAS
MIFFLIN
ROBT
MORRIS
GEO.
CLYMER
THOS.
FITZ
SIMONS
JARED
INGERSOLL
JAMES
WILSON
GOUV
MORRIS
Delaware {
GEO:
READ
GUNNING
BEDFORD
jun
JOHN
DICKINSON
RICHARD
BASSETT
JACO:
BROOM
Maryland {
JAMES
MCHENRY
DAN OF
ST
THOS.
JENIFER
DANL
CARROLL
Virginia {
JOHN
BLAIR
JAMES
MADISON
jr
North Carolina {
WM.
BLOUNT
RICHD.
DOBBS
SPAIGHT
HU
WILLIAMSON
South Carolina {
J. RUTLEDGE
CHARLES
COTESWORTH
PINCKNEY
CHARLES
PINCKNEY
PIERCE
BUTLER
Georgia {
WILLIAM
FEW
ABR
BALDWIN
In Convention Monday,
September 17th,
1787.
Present
The States of
New Hampshire,
Massachusetts, Connecticut, MR.
Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South Carolina and Georgia.
Resolved,
That the preceeding
Constitution be laid before the United States in Congress assembled, and
that it is the Opinion of this Convention, that it should afterwards be
submitted to a Convention of Delegates, chosen in each State by the
People thereof, under the Recommendation of its Legislature, for their
Assent and Ratification; and that each Convention assenting to, and
ratifying the Same, should give Notice thereof to the United States in
Congress assembled. Resolved, That it is the Opinion of this Convention,
that as soon as the Conventions of nine States shall have ratified this
Constitution, the United States in Congress assembled should fix a Day
on which Electors should be appointed by the States which have ratified
the same, and a Day on which the Electors should assemble to vote for
the President, and the Time and Place for commencing Proceedings under
this Constitution. That after such Publication the Electors should be
appointed, and the Senators and Representatives elected: That the
Electors should meet on the Day fixed for the Election of the President,
and should transmit their Votes certified, signed, sealed and directed,
as the Constitution requires, to the Secretary of the United States in
Congress assembled, that the Senators and Representatives should convene
at the Time and Place assigned; that the Senators should appoint a
President of the Senate, for the sole purpose of receiving, opening and
counting the Votes for President; and, that after he shall be chosen,
the Congress, together with the President, should, without Delay,
proceed to execute this Constitution.
By the Unanimous Order of
the Convention
Go.
WASHINGTON
President.
W. JACKSON
Secretary.
U.S.
Constitution Bill of Rights
Congress OF THE United
States begun and held at the City of New-York, on Wednesday the Fourth
of March, one thousand seven hundred and eighty nine. THE Conventions of
a number of the States having at the time of their adopting the
Constitution, expressed a desire, in order to prevent misconstruction or
abuse of its powers, that further declaratory and restrictive clauses
should be added: And as extending the ground of public confidence in the
Government, will best 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.
Article the first [Not
Ratified]
After the first
enumeration required by the first Article of the Constitution, there
shall be one Representative for every thirty thousand, until the number
shall amount to one hundred, after which the proportion shall be so
regulated by Congress, that there shall be not less than one hundred
Representatives, nor less than one Representative for every forty
thousand persons, until the number of Representatives shall amount to
two hundred; after which the proportion shall be so regulated by
Congress, that there shall not be less than two hundred Representatives,
nor more than one Representative for every fifty thousand persons.
Article the second
[Amendment XXVII - Ratified 1992]
No law, varying the
compensation for the services of the Senators and Representatives, shall
take effect, until an election of Representatives shall have intervened.
Article the third [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.
Article the fourth [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.
Article the fifth [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.
Article the sixth [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.
Article the seventh [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.
Article the eighth [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.
Article the ninth [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.
Article the tenth [Amendment
VIII]
Excessive bail shall not
be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted.
Article the eleventh [Amendment
IX]
The enumeration in the
Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people.
Article the twelfth [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.
ATTEST: Frederick Augustus
Muhlenberg, Speaker of the House of Representatives
[Article. XI.] [Amendment
XI]
[Proposed 1794; Ratified 1798]
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.
[Article. XII.] [Amendment
XI]
[Proposed 1803; Ratified 1804]
The Electors shall meet in their respective states, and vote by ballot
for President and Vice-President, one of whom, at least, shall not be an
inhabitant of the same state with themselves; they shall name in their
ballots the person voted for as President, and in distinct ballots the
person voted for as Vice-President, and they shall make distinct lists
of all persons voted for as President, and of all persons voted for as
Vice-President, and of the number of votes for each, which lists they
shall sign and certify, and transmit sealed to the seat of the
government of the United States, directed to the President of the
Senate; The President of the Senate shall, in the presence of the
Senate and House of Representatives, open all the certificates and the
votes shall then be counted; The person having the greatest number of
votes for President, shall be the President, if such number be a
majority of the whole number of Electors appointed; and if no person
have such majority, then from the persons having the highest numbers not
exceeding three on the list of those voted for as President, the House
of Representatives shall choose immediately, by ballot, the President.
But in choosing the President, the votes shall be taken by states, the
representation from each state having one vote; a quorum for this
purpose shall consist of a member or members from two-thirds of the
states, and a majority of all the states shall be necessary to a choice.
And if the House of Representatives shall not choose a President
whenever the right of choice shall devolve upon them, before the fourth
day of March next following, then the Vice-President shall act as
President, as in the case of the death or other constitutional
disability of the President. The person having the greatest number of
votes as Vice-President, shall be the Vice-President, if such number be
a majority of the whole number of Electors appointed, and if no person
have a majority, then from the two highest numbers on the list, the
Senate shall choose the Vice-President; a quorum for the purpose shall
consist of two-thirds of the whole number of Senators, and a majority of
the whole number shall be necessary to a choice. But no person
constitutionally ineligible to the office of President shall be eligible
to that of Vice-President of the United States.
Article XII [Amendment
XIII-I]
[Proposed 1810; Ratified 1819]
If any Citizen of the United States shall accept, claim, receive or
retain any Title of Nobility or Honour, or shall, without the Consent of
Congress, accept and retain any present, Pension, Office or Emolument of
any kind whatever, from any Emperor, King, Prince or foreign Power, such
Person shall cease to be a Citizen of the United States, and shall be
incapable of holding any Office of Trust or Profit under them, or either
of them.
NOTE: Following the
British invasion and burning of the White House and the unlawful Civil
War, there is question as to whether any Amendments to the Constitution
are lawful.
Article XIII. [Proposed
1861; Endorsed by Lincoln while president-elect; Unratified [1]
No amendment shall be made to the Constitution which will authorize or
give to Congress the power to abolish or interfere, within any State,
with the domestic institutions thereof, including that of persons held
to labor or service by the laws of said State.
Article. XIII. [Amendment
XIII-II]
[Proposed 1865; Ratified 1865]
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.
Article. XIV. [Unratified
Amendment XIV]
[Proposed 1866; Allegedly ratified 1868. See Fourteenth Amendment Law
Library for argument proving it was not ratified.]
Section. 1. All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States
and of the State wherein they reside. No State shall make or enforce any
law which shall abridge the privileges or immunities of citizens of the
United States; nor shall any State deprive any person of life, liberty,
or property, without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws.
Section. 2.
Representatives shall be apportioned among the several States according
to their respective numbers, counting the whole number of persons in
each State, excluding Indians not taxed. But when the right to vote at
any election for the choice of electors for President and Vice President
of the United States, Representatives in Congress, the Executive and
Judicial officers of a State, or the members of the Legislature thereof,
is denied to any of the male inhabitants of such State, being twenty-one
years of age, and citizens of the United States, or in any way abridged,
except for participation in rebellion, or other crime, the basis of
representation therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number of male
citizens twenty-one years of age in such State.
Section. 3. No person
shall be a Senator or Representative in Congress, or elector of
President and Vice President, or hold any office, civil or military,
under the United States, or under any State, who, having previously
taken an oath, as a member of Congress, or as an officer of the United
States, or as a member of any State legislature, or as an executive or
judicial officer of any State, to support the Constitution of the United
States, shall have engaged in insurrection or rebellion against the
same, or given aid or comfort to the enemies thereof. But Congress may
by a vote of two-thirds of each House, remove such disability.
Section. 4. The validity
of the public debt of the United States, authorized by law, including
debts incurred for payment of pensions and bounties for services in
suppressing insurrection or rebellion, shall not be questioned. But
neither the United States nor any State shall assume or pay any debt or
obligation incurred in aid of insurrection or rebellion against the
United States, or any claim for the loss or emancipation of any slave;
but all such debts, obligations and claims shall be held illegal and
void.
Section. 5. The Congress
shall have power to enforce, by appropriate legislation, the provisions
of this article.
Article. XV. [Amendment
XV]
[Proposed 1869; Ratified 1870]
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.
Article. XVI. [Unratified
Amendment XVI]
[Proposed 1909; Unratified - Secretary of State Knox fraudulently
claimed ratification in 1913]
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.
[Article. XVII.]
[Proposed 1912; Ratified 1913; Possibly Unconstitutional (See Article V,
Clause 3 of the Constitution)]
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.
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.
Article. [XVIII.]
[Proposed 1917; Ratified 1919; Repealed 1933 (See Amendment XXI, Section
1
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.
Article. [XIX.]
[Proposed 1919; Ratified 1920]
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.
[Unratified Article.]
[Proposed 1926; Unratified]
Article
Section. 1. The Congress
shall have power to limit, regulate, and prohibit the labor of persons
under eighteen years of age.
Section. 2. The power of
the several States is unimpaired by this article except that the
operation of State laws shall be suspended to the extent necessary to
give effect to legislation enacted by the Congress.
Article. [XX.]
[Proposed 1932; Ratified 1933]
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.
Article. [XXI.]
[Proposed 1933; Ratified 1933]
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.
Article. [XXII.]
[Proposed 1947; Ratified 1951]
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.
Article. [XXIII.]
[Proposed 1960; Ratified 1961]
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.
Article. [XXIV.]
[Proposed 1962; Ratified 1964]
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.
Article. [XXV.]
[Proposed 1965; Ratified 1967]
Section. 1. In case of the removal of the President from office or of
his death or resignation, the Vice President shall become President.
Section. 2. Whenever there
is a vacancy in the office of the Vice President, the President shall
nominate a Vice President who shall take office upon confirmation by a
majority vote of both Houses of Congress.
Section. 3. Whenever the
President transmits to the President pro tempore of the Senate and the
Speaker of the House of Representatives his written declaration that he
is unable to discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such powers and
duties shall be discharged by the Vice President as Acting President.
Section. 4. Whenever the
Vice President and a majority of either the principal officers of the
executive departments or of such other body as Congress may by law
provide, transmit to the President pro tempore of the Senate and the
Speaker of the House of Representatives their written declaration that
the President is unable to discharge the powers and duties of his
office, the Vice President shall immediately assume the powers and
duties of the office as Acting President.
Thereafter, when the
President transmits to the President pro tempore of the Senate and the
Speaker of the House of Representatives his written declaration that no
inability exists, he shall resume the powers and duties of his office
unless the Vice President and a majority of either the principal
officers of the executive department or of such other body as Congress
may by law provide, transmit within four days to the President pro
tempore of the Senate and the Speaker of the House of Representatives
their written declaration that the President is unable to discharge the
powers and duties of his office. Thereupon Congress shall decide the
issue, assembling within forty-eight hours for that purpose if not in
session. If the Congress, within twenty-one days after receipt of the
latter written declaration, or, if Congress is not in session, within
twenty-one days after Congress is required to assemble, determines by
two-thirds vote of both Houses that the President is unable to discharge
the powers and duties of his office, the Vice President shall continue
to discharge the same as Acting President; otherwise, the President
shall resume the powers and duties of his office.
Article. [XXVI.]
[Proposed 1971; Ratified 1971]
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.
[Inoperative Article.]
[Proposed 1972; Expired Unratified 1982]
Article
Section. 1. Equality of
rights under the law shall not be denied or abridged by the United
States or by any State on account of sex.
Section. 2. The Congress
shall have the power to enforce, by appropriate legislation, the
provisions of this article.
Section. 3. This amendment
shall take effect two years after the date of ratification.
[Inoperative Article.]
[Proposed 1978; Expired Unratified 1985]
Article
Section. 1. For purposes
of representation in the Congress, election of the President and Vice
President, and article V of this Constitution, the District constituting
the seat of government of the United States shall be treated as though
it were a State.
Section. 2. The exercise
of the rights and powers conferred under this article shall be by the
people of the District constituting the seat of government, and as shall
be provided by the Congress.
Section. 3. The
twenty-third article of amendment to the Constitution of the United
States is hereby repealed.
Section. 4. 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.
Article.
[XXVII.]
[Proposed 1789; Ratified 1992; Second of twelve Articles comprising the
Bill of Rights]
No law, varying the compensation for the services of the Senators and
Representatives, shall take effect, until an election of Representatives
shall have intervened.
Time limitation does not apply where the judgment is based on a
fraudulent return. (Washko v. Stewart, supra, p. 318; Richert v. Benson
Lbr. Co., supra, p. 677.).
Statutory Limitations go out the window in malicious prosecution cases:
Duty of a trial court to afford every DEFENDANT a fair and impartial
trial is of constitutional dimension; where the procedure has fallen
short of that standard, an accused has been denied due process and the
inherent power of the court to correct matters by granting a new trial
transcends statutory limitations. People v. Oliver, 120 Cal.Rptr. 368,
46 C.A.3d 747.
A void order which is one entered by court which lacks jurisdiction
over parties or subject matter, or lacks inherent power to enter
judgment, or order procured by fraud, can be attacked at any time, in
any court, either directly or collaterally, People ex rel. Brzica v.
Village of Lake Barrington, 644 N.E.2d 66 (Ill.App. 2 Dist. 1994).
Title 18 U.S.C. § 4. MISPRISION OF FELONY. Whoever, having knowledge of
the actual commission of a felony cognizable by a court of the United
States, conceals and does not as soon as possible make known the same to
some judge or other person in civil or military authority under the
United States, shall be fined under this title or imprisoned not more
than three years, or both.
Title 18 U.S.C.A. 242 (U.S. Criminal Code) "Whoever, under color of law,
statute, or ordinance, regulation, or custom, willfully subjects any
inhabitants of any state to the deprivation of any rights, privileges,
or immunities secured or protected by the Constitution or Law of the
United States. . . shall be fined no more than $1,000 or imprisoned one
year or both."
Title 18 U.S.C.A. 241, 242 are the criminal equivalent of Title 42
U.S.C.A. 1983, 1985 et seq. "Judges have no immunity from prosecution
for their judicial acts." - BRADLEY V. FISHER, U.S. 13 Wall. 335 (1871)
"When a judge acts intentionally and knowingly to deprive a person of
his constitutional rights, he exercises no discretion or individual
judgment; he acts no longer as a judge, but as a "minister" of his own
prejudice." - PIERSON V. RAY, 386 U.S. 547 at 567 (1967)
Every person who, under color of any statute ordinance, regulation,
custom, or by usage, of any State or Territory, subjects, or causes to
be subjected, any citizen of the United States or other person within
the jurisdiction thereof to the deprivation of any rights, privileges,
or immunities secured by the Constitution and laws, shall be liable to
the party injured in an action at law, suit in equity, or other proper
proceeding for redress. EVERY PERSON SHALL BE LIABLE IN AN ACTION AT LAW
SUIT IN EQUITY N0 EXCLUSION FOR JUDGES BY ANY ACT OF CONGRESS UNITED
STATES CODE, TITLE 42, SECTION 1985 (3) If two or more persons . . .
conspire. . for the purpose of depriving. any person. . . of the equal
protection of the laws . . . the party so injured or deprived may have
an action for the recovery of damages . . . RECOVERY OF DAMAGES AGAINST
ANY ONE OR MORE OF THE CONSPIRATORS N0 EXCLUSION FOR JUDGES BY ANY ACT
OF CONGRESS UNITED STATES CODE, TITLE 42, SECTION 1986 Every person who,
having knowledge that any of the wrongs . . . are about to be committed,
and having power to prevent or aid in preventing the commission of the
same, neglects or refuses so to do . . . shall be liable . . . EVERY
PERSON SHALL BE LIABLE FOR ALL DAMAGES NO EXCLUSION FOR JUDGES BY ANY
ACT OF CONGRESS UNITED STATES CODE, TITLE 42, SECTION 1988:
UNITED STATES CODE, TITLE 42, SECTION 1983
"But proceedings outside the authority of the court, or in violation or
contravention of statutory prohibitions, are, whether the court have
jurisdiction of the parties and subject-matter of the action or
proceedings, or not, utterly void." - Sache v. Wallace, 101 Minn. 169,
112 N.W. 386 (1907)
Either parent can sue for interference
with parental rights:
STRODE V. GLEASON, 510 P.2d 250 (1973);
Federal Courts can rule on federal
claims (constitutional questions) involved in state divorce cases and
award money damages for federal torts or in diversity of citizenship
cases involving intentional infliction of emotional distress by denial
of parental rights, "visitation", as long as the Federal Court is not
asked to modify custodial status:
LLOYD V. LOEFFLER, 518 F.Supp 720
(custodial father won $95,000 against parental kidnapping wife)
FENSLAGE V. DAWKINS, 629 F.2d 1107
($130,000 damages for parental kidnapping)
KAJTAZI V. KAJTAZI, 488 F.Supp 15 (1976)
SPINDEL V. SPINDEL, 283
F.Supp. 797 (1969)
HOWARD V. KUNEN, USDC Mass CA No.
73-3813-G, 12/3/73 (unreported)
SCHWAB V. HUTSON, USDC, S.Dist. MI,
11/70 (unreported)
LORBEER V. THOMPSON, USDC Colorado
(1981)
Custody can be changed if visitation is
denied.
Wife can be held in contempt if
visitation is denied.
ENTWISTLE V. ENTWISTLE, 402 NYS 2d 213
Custody can be changed if wife is
"disrespectful" of "visitation" order:
MURASKIN V. MURASKIN 283 NW 2d 140 (N.
Dakota 1979)
The Parental Kidnapping Prevention Act
(28 U.S.C. Section 1738A and 42
U.S.C. Section 654, 663) is a federal
statute enacted in 1980 to address kidnapping by noncustodial parents
and inconsistent child custody decisions made by state courts. The law
provides for penalties for kidnapping and requires states to recognize
and enforce the custody decisions of courts in other states, rather than
make a second, and possibly inconsistent, decision.
278. Every person, not having a right
to custody, who maliciously takes, entices away, keeps, withholds, or
conceals any child with the intent to detain or conceal that child from
a lawful custodian shall be punished by imprisonment in a county jail
not exceeding one year, a fine not exceeding one thousand dollars
($1,000), or both that fine and imprisonment, or by imprisonment in the
state prison for two, three, or four years, a fine not exceeding ten
thousand dollars ($10,000), or both that fine and imprisonment.
278.5. (a) Every person who takes,
entices away, keeps, withholds, or conceals a child and maliciously
deprives a lawful custodian of a right to custody, or a person of a
right to visitation, shall be punished by imprisonment in a county jail
not exceeding one year, a fine not exceeding one thousand dollars
($1,000), or both that fine and imprisonment, or by imprisonment in the
state prison for 16 months, or two or three years, a fine not exceeding
ten thousand dollars ($10,000), or both that fine and imprisonment.
(b) Nothing contained in this section
limits the court's contempt power.
(c) A custody order obtained after
the taking, enticing away, keeping, withholding, or concealing of a
child does not constitute a defense to a crime charged under this
section.
280. Every person who willfully causes
or permits the removal or concealment of any child in violation of
Section 8713, 8803, or 8910 of the Family Code shall be punished as
follows:
(a) By imprisonment in a county jail
for not more than one year if the child is concealed within the county
in which the adoption proceeding is pending or in which the child has
been placed for adoption, or is removed from that county to a place
within this state.
(b) By imprisonment in the state
prison, or by imprisonment in a county jail for not more than one year,
if the child is removed from that county to a place outside of this
state.
§ 44 Aggravated Kidnapping
Aggravated kidnapping is the doing of
any of the following acts with the intent thereby to force the victim,
or some other person, to give up anything of apparent or prospective
value, or to grant any advantage or immunity, in order to secure the
release of the person under the offenders actual or apparent control:
(1) the forcible seizing and
carrying of any person from one place to another; or
(2) the enticing or persuading of
any person to go from one place to another; or
(3) the imprisoning or forcible
secreting of any person.
A FELONY
§ 44.1 Second degree kidnapping
A. Second degree kidnapping is
the doing of any of the acts listed in Subsection B wherein the victim
is:
(1) used as a hostage or shield;
(2) used to facilitate the
commission of a felony or the flight after an attempt to commit or the
commission or a felony;
(4) imprisoned or kidnapped for 72
or more hours, except as provided by RS 14:45 (A) (4) or (5); or
(5) imprisoned or kidnapped when
the offender is armed with a dangerous weapon or leads the victim to
reasonably believe he is armed with a dangerous weapon.
B. for the purposes of this
section, Kidnapping is:
(1) the forcible seizing and
carrying or any person from one place to another; or
(2) the enticing or persuading of
any person to go from one place to another; or
(3) the imprisoning or forcible
secreting of any person
A FELONY
§ 45 Simple Kidnapping
A. Simple kidnapping is:
(1) the intentional and forcible
seizing and carrying of any person from one place to another without his
consent.
(2) The intentional taking,
enticing or decoying away, for an unlawful purpose, of any child not his
own and under the age of fourteen years, without the consent of his
parent or the person charged with its custody.
(3) The intentional taking,
enticing or decoying away, without the consent of the proper authority,
or any person who has been lawfully committed to an orphan, insane,
feeble-minded or other similar institution.
(4) The intentional taking,
enticing or decoying away and removing from the state, by any parent of
his or her child, from the custody of any person to whom custody has
been awarded by any court of competent jurisdiction of any state,
without the consent of the legal custodian, with intent to defeat the
jurisdiction of the said court over the custody of the child.
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