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美国宪政历程:影响美国的25个司法大案 作者:任东来陈伟-第章

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  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 harass 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 bined 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 mit 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 t hese 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 pleat 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 H ead of a civilized nation。
  
  He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to bee 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 attention to our British 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 sett lement here。 We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our mon kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence。 They too have been deaf t o 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 Bri tain, 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 merce, and to do all other Acts and Things which Independent States may of right do。 An d 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。
  
  JOHN HANCOCK, President
  
  Attested, CHARLES THOMSON, Secretary
  
  New Hampshire: JOSIAH BARTLETT, WILLIAM WHIPPLE, MATTHEW THORNTON
  
  Massachusetts…Bay: SAMUEL ADAMS, JOHN ADAMS, ROBERT TREAT PAINE, ELBRIDGE GERRY
  
  Rhode Island: STEPHEN HOPKINS, WILLIAM ELLERY
  
  Connecticut: ROGER SHERMAN, SAMUEL HUNTINGTON, WILLIAM WILLIAMS, OLIVER WOLCOTT
  
  Georgia: BUTTON GWINNETT, LYMAN HALL, GEO。 WALTON
  
  Maryland: SAMUEL CHASE, WILLIAM PACA, THOMAS STONE, CHARLES CARROLL OF CARROLLTON
  
  Virginia: GEORGE WYTHE, RICHARD HENRY LEE, THOMAS JEFFERSON, BENJAMIN HARRISON, THOMAS NELSON, JR。, FRANCIS LIGHTFOOT LEE, CARTER BRAXTON。
  
  New York: WILLIAM FLOYD, PHILIP LIVINGSTON, FRANCIS LEWIS, LEWIS MORRIS
  
  Pennsylvania: ROBERT MORRIS, BENJAMIN RUSH, BENJAMIN FRANKLIN, JOHN MORTON, GEORGE CLYMER, JAMES SMITH, GEORGE TAYLOR, JAMES WILSON, GEORGE ROSS
  
  Delaware: CAESAR RODNEY, GEORGE READ, THOMAS M'KEAN
  
  North Carolina: WILLIAM HOOPER, JOSEPH HEWES, JOHN PENN
  
  South Carolina: EDWARD RUTLEDGE, THOMAS HEYWARD, JR。, THOMAS LYNCH, JR。,ARTHUR MIDDLETON
  
  New Jersey: RICHARD STOCKTON, JOHN WITHERSPOON, FRANCIS HOPKINS, JOHN HART, ABRAHAM CLARK
  


  
  
  
  
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  附录二
  美利坚合众国宪法及修正案
  
  
  美利坚合众国宪法
  
  
  我们合众国人民,为建立一个更完善的联邦,树立正义,保障国内安宁,规划共同防务,促进公共福利,并使我们自己和后代得享自由之赐福,特为美利坚合众国制定和确立本宪法。
  
  第一条第一款本宪法所授予的全部立法权,均属于由参议院和众议院组成的合众国国会。
  第二款〔一〕众议院由各州人民每两年选举产生的众议员组成。每个州的选举人须具备该州州议会人数最多一院选举人所必需的资格。
  〔二〕凡年龄不满25岁,成为合众国公民不满7年,在一州当选时不是该州居民者,不得担任众议员。
  〔三〕众议员名额和直接税税额,应按本联邦内各州的人口比例进行分配。各州人口数,按自由人总数加所有其他人口的3/5予以确定。自由人总数包括按契约服一定年限劳役的人,但不包括未被征税的印第安人。人口的实际统计在合众国国会第一次会议后3年内和此后每10年,依法律规定的方式进行。每3万人选
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