修正法案-(中英对照).doc

Amendment 1： 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.(国会不得制定关于下列事项的法律：确立国教或禁止信教自由；剥夺言论自由或出版自由；或剥夺人民和平集会和向政府请愿伸冤的权利。)Amendment 2: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.（一支管理良好的民兵是保障自由州的安全所必需的，因此人民持有和携带武器的权利不得侵犯。）Amendment 3: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.（未经房主同意，士兵平时不得驻扎在任何住宅；除依法律规定的方式，战时也不得驻扎。）Amendment 4: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.（人民的人身、住宅、文件和财产不受无理搜查和扣押的权利，不得侵犯。除依据可能成立的理由，以宣誓或代誓宣言保证，并详细说明搜查地点和扣押的人或物，不得发出搜查和扣押状。）Amendment 5: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.（无论何人，除非根据大陪审团的报告或起诉书，不受死罪或其他重罪的审判，但发生在陆、海军中或发生在战时或出现公共危险时服役的民兵中的案件除外。任何人 不得因同一犯罪行为而两次遭受生命或身体的危害；不得在任何刑事案件中被迫自证其罪；不经正当法律程序，不得被剥夺生命、自由或财产。不给予公平赔偿，私 有财产不得充作公用。）Amendment 6: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.（在一切刑事诉讼中，被告有权由犯罪行为发生地的州和地区的公正陪审团予以迅速和公开的审判，该地区应事先已由法律确定；得知控告的性质和理由；同原告证人对质；以强制程序取得对其有利的证人；并取得律师帮助为其辩护。）Amendment 7: 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 reexamined in any Court of the United States, than according to the rules of the common law.（在习惯法的诉讼中，其争执价额超过二十美元，由陪审团审判的权利应受到保护。由陪审团裁决的事实，合众国的任何法院除非按照习惯法规则，不得重新审查。）Amendment 8: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.（不得要求过多的保释金，不得处以过重的罚金，不得施加残酷和非常的惩罚。）Amendment 9: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.（本宪法对某些权利的列举，不得被解释为否定或轻视由人民保留的其他权利。）Amendment 10: 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.（宪法未授予合众国、也未禁止各州行使的权力，由各州各自保留，或由人民保留。）另外还有十七条修正案，分列如下：Amendment 11: Passed by Congress March 4, 1794. Ratified February 7, 1795.Note: Article III, section 2, of the Constitution was modified by amendment 11.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.（合众国的司法权，不得被解释为适用于由他州公民或任何外国公民或国民对合众国一州提出的或起诉的任何普通法或衡平法的诉讼。）Amendment 12: Passed by Congress December 9, 1803. Ratified June 15, 1804.Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment.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 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.（选举人在各自州内集会，投票选举总统和副总统，其中至少有一人不是选举人本州的居民。选举人须在选票上写明被选为总统之人的姓名，并在另一选票上写明校选 为副总统之人的姓名。选举人须将所有被选为总统之人和所有被选为副总统之人分别开列名单，写明每人所得票数；在该名单上签名作证，将封印后的名单送合众国 政府所在地，交参议院议长收。参议院议长在参议院和众议院全体议员面前开拆所有证明书，然后计算票数。获得总统选票最多的人，如所得票数超过所选派选举人 总数的半数，即为总统。如无人获得这种过半数票，众议院应立即从被选为总统之人名单中得票最多的但不超过三人中间，投票选举总统。但选举总统时，以州为单 位计票，每州代表有一票表决权。三分之二的州各有一名或多名众议员出席，即构成选举总统的法定人数，选出总统需要所有州的过半数票。当选举总统的权力转 移到众议院时，如该院在次年三月四日前尚未选出总统，则由副总统代理总统，如同总统死亡或宪法规定的其他丧失任职能力的情况一样。得副总统选票最多的 人，如所得票数超过所选派选举人总数的半数，即为副总统。如无人得过半数票，参议院应从名单上得票最多的两人中选举副总统。选举副总统的法定人数由参议员 总数的三分之二构成，选出副总统需要参议员总数的过半数票。但依宪法无资格担任总统的人，也无资格担任合众国副总统。）Amendment 13: Passed by Congress January 31, 1865. Ratified December 6, 1865.Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.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.（第一款 在合众国境内受合众国管辖的任何地方，奴隶制和强制劳役都不得存在，但作为对于依法判罪的人的犯罪的惩罚除外；第二款 国会有权以适当立法实施本条。）Amendment 14: Passed by Congress June 13, 1866. Ratified July 9, 1868.Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.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 the power to enforce, by appropriate legislation, the provisions of this article.（ 第一款 所有在合众国出生或归化合众国并受其管辖的人，都是合众国的和他们居住州的公民。任何一州，都不得制定或实施限制合众国公民的特权或豁免权的任何法律；不经正当法律程序，不得剥夺任何人的生命、自由或财产；在州管辖范围内，也不得拒绝给予任何人以平等法律保护。第二款 众议员名额，应按各州人口比例进行分配，此人口数包括一州的全部人口数，但不包括未被征税的印第安人。但在选举合众国总统和副总统选举人、国会众议员、州 行政和司法官员或州议会议员的任何选举中，一州的年满二十一岁并且是合众国公民的任何男性居民，除因参加叛乱或其他犯罪外，如其选举权道到拒绝或受 到任何方式的限制，则该州代表权的基础，应按以上男性公民的人数同该州年满二十一岁男性公民总人数的比例予以削减。第三款 无论何人，凡先前曾以国会议员、或合众国官员、或任何州议会议员、或任何州行政或司法官员的身份宣誓维护合众国宪法，以后又对合众国作乱或反叛，或给予合 众国敌人帮助或鼓励，都不得担任国会参议员或众议员、或总统和副总统选举人，或担任合众国或任何州属下的任何文职或军职官员。但国会得以两院各三分之二的 票数取消此种限制。第四款 对于法律批准的合众国公共债务，包括因支付平定作乱或反叛有功人员的年金和奖金而产生的债务，其效力不得有所怀疑。但无论合众国或任何一州，都不得承担或 偿付因援助对合众国的作乱或反叛而产生的任何债务或义务，或因丧失或解放任何奴隶而提出的任何赔偿要求；所有这类债务、义务和要求，都应被认为是非法和无效的。第五款 国会有权以适当立法实施本条规定。）Amendment 15: Passed by Congress February 26, 1869. Ratified February 3, 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 the power to enforce this article by appropriate legislation.（第一款 合众国公民的选举权，不得因种族、肤色或以前是奴隶而被合众国或任何一州加以拒绝或限制。第二款 国会有权以适当立法实施本条。）Amendment 16: Passed by Congress July 2, 1909. Ratified February 3, 1913.Note: Article I, section 9, of the Constitution was modified by amendment 16.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.（ 国会有权对任何来源的收入规定和征收所得税，无须在各州按比例进行分配，也无须考虑任何人口普查或人口统计。）Amendment 17: Passed by Congress May 13, 1912. Ratified April 8, 1913.Note: Article I, section 3, of the Constitution was modified by the 17th amendment.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.（ 合众国参议院由每州人民选举的两名参议员组成，任期六年；每名参议员有一票表决权。每个州的选举人应具备该州州议会人数最多一院选举人所必需的资格。任何一州在参议院的代表出现缺额时，该州行政当局应发布选举令，以填补此项缺额。但任何一州的议会，在人民依该议会指示举行选举填补缺额以前，得授权本州行政长官任命临时参议员。本条修正案不得作如此解释，以致影响在本条修正案作为宪法的一部分生效以前当选的任何参议员的选举或任期。）Amendment 18: Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.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.（第一款 本条批准一年后，禁止在合众国及其管辖下的一切领土内酿造、出售和运送作为饮料的致醉酒类；禁止此类酒类输入或输出合众国及其管辖下的一切领土。第二款 国会和各州都有权以适当立法实施本条。第三款 本条除非在国会将其提交各州之日起七年以内，由各州议会按本宪法规定批准为宪法修正案，不得发生效力。）Amendment 19: Passed by Congress June 4, 1919. Ratified August 18, 1920.The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.Congress shall have power to enforce this article by appropriate legislation.（ 合众国公民的选举权，不得因性别而校合众国或任何一州加以拒绝或限制。国会有权以适当立法实施本条。）Amendment 20: Passed by Congress March 2, 1932. Ratified January 23, 1933.Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.Section 1.The terms of the President and the Vice Presi