AN ERROR ANALYSIS OF LEGAL TERMINOLOGY

TRANSLATION USING GOOGLE TRANSLATE FROM

ENGLISH TO INDONESIAN

A thesis

Submitted to the Faculty of Adab and Humanities

in Partial Accomplishment of the Requirements for the Degree of Strata 1

Nurrifa Yusran

1112026000080

ENGLISH LETTERS DEPARTMENT

FACULTY OF ADAB AND HUMANITIES

STATE ISLAMIC UNIVERSITY OF SYARIF HIDAYATULLAH

JAKARTA

2017

i

ABSTRACT

Nurrifa Yusran, An Error Analysis of Legal Terminology Translation Using

Google Translate From English to Indonesian. A Thesis: English Letters

Department, Faculty of Adab and Humanities, State Islamic University of Syarif

Hidayatullah Jakarta, 2017.

The aim of this research is to find out the error of translation of Google

translate from English to Indonesian in legal terminology of United States of

America's Constitution of 1789 with Amendments through 1992. It also presents

some examples of political and administrative terms. In this research, the

researcher uses descriptive analysis method which analyze the data by identify the

types of the errors, define, explain and reconstruct the erroneous text into the

target language. The result of analysis show that Google translate made many

mistakes in translating legal terminology. This makes Google translate can't be

entirely trusted to translate legal terminology because Google translate can't detect

the differences of legal system which are different from one country to another.

Because of it, the researcher suggests that the translation of Google translate is

still needed to re-revised by professional translators (human).

Keywords: Google translation, legal terminology, machine translation

ii

APPROVEMENT

AN ERROR ANALYSIS OF LEGAL TERMINOLOGY TRANSLATION

USING GOOGLE TRANSLATE FROM ENGLISH TO INDONESIAN

A Thesis

Submitted to Faculty of Adab and Humanities

in Partial Accomplishment of the Requirements for the Degree of Strata 1

Nurrifa Yusran

NIM: 1112026000080

Approved by:

Dr. Frans Sayogie. S.H., M.H, .M.Pd.

NIP: 19700310 200003 1 002

(Day/Date: / / )

ENGLISH LETTERS DEPARTMENT

FACULTY OF ADAB AND HUMANITIES

STATE ISLAMIC UNIVERSITY OF SYARIF HIDAYATULLAH

JAKARTA

2017

iii

iv

DECLARATION

I hereby declare that this submission is my own and that, to the best my

knowledge and belief. It contains neither material previously published and

written by another person nor material which to a substantial extent has been

accepted for the award or any other degree or diploma of the university or other

institute of higher learning, except where due acknowledgement has been in the

next.

Jakarta, July 24th 2017

Nurrifa Yusran

v

ACKNOWLEDGEMENT

In the name of Allah, the Most Glorious, the Most Merciful

Praise be to Allah SWT, the Lord of universe, who has created heaven and

earth, who has created mankind and all that we perceive. The researcher finally

could finish her thesis with His blessing and mercy. Peace and blessing be upon

the prophet Muhammad SAW, his families, friends, and followers.

The researcher would like to express a special thanks to her mother,

Partiningsih, and her father, M Yusran Nur, and her sisters and brothers because

of their love and support in all the way and condition that the researcher went

through for finishing this thesis.

A special thanks is also given to the researcher’s advisor, Dr. Frans Sayogie,

S.H., M.H., M.Pd. for his great advices and contribution in finishing this thesis.

May Allah SWT bless him and his family.

The researcher also would like to convey her sincere gratitude particularly

to:

1. Prof. Dr. Sukron Kamil, M.A., as the Dean of Adab and Humanities

Faculty

2. Dr. H. M. Farkhan, M.Pd. as the vice-Dean of adab and Humanities

Faculty.

vi

3. Drs. Saefuddin, M.Pd. as the Head of English Letters Department.

4. Mrs. Elve Oktafiyani, M.Hum. as the Secretary of English Letters

Department

5. All lectures in English Language and Literature Department who have

thought and educated her during her studies at university.

6. Karina Nur Inayati, Novalinda Puspita ASP, Reyuna Larasatika, Khairun

Nisa, Fekky Noviyanty R, Abdul Fatah A, and Juwita Puspa Dewi as my

best friend who accompany me to do my thesis.

7. All people who helped me in finishing this thesis who cannot be

mentioned one by one.

8. The last but not least is Me, I, and Myself, Nurrifa Yusran for keep

struggling and not giving up.

The researcher hopes and prays that Allah SWT blesses, guides, and protects them

all. The researcher realizes that this thesis is far from being perfect. Hence, the

researcher will be very open to any suggestions and critics.

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TABLE OF CONTENTS

ABSTRACT ............................................................................................................. i

APPROVEMENT ................................................................................................... ii

LEGALIZATION .................................................. Error! Bookmark not defined.

DECLARATION ................................................................................................... iii

ACKNOWLEDGEMENT ...................................................................................... v

TABLE OF CONTENTS ...................................................................................... vii

CHAPTER I ............................................................................................................ 1

INTRODUCTION .................................................................................................. 1

A. Background of the Research ........................................................................ 1

B. Focus of the Research .................................................................................. 2

C. Research Question ........................................................................................ 2

D. Objective of Research .................................................................................. 3

E. Significance of the Research ........................................................................ 3

F. Research Methodology................................................................................. 3

a. Method of Research .................................................................................. 3

b. Instruments of Research ........................................................................... 4

c. Unit of Analysis ........................................................................................ 4

d. Techniques of Data Analysis .................................................................... 4

CHAPTER II ........................................................................................................... 5

THE CONCEPT OF ERROR ANALYSIS USING GOOGLE TRANSLATE IN

LEGAL TERMINOLOGY TRANSLATION ........................................................ 5

A. Relevant Research ........................................................................................ 5

B. Error Analysis ............................................................................................ 12

viii

C. Machine Translation................................................................................... 15

D. Google Translate ........................................................................................ 17

E. Legal Translation ....................................................................................... 19

F. Types of legal translation ........................................................................... 21

G. Linguistic features of legal translation ....................................................... 21

CHAPTER III ....................................................................................................... 28

THE ANALYSIS OF LEGAL TERMINOLOGY TRANSLATION USING

GOOGLE TRANSLATE OF UNITED STATES OF AMERICA'S

CONSTITUTION OF 1789 WITH AMENDMENTS THROUGH 1992 ............ 28

A. Data Description......................................................................................... 28

B. Data Analysis ............................................................................................. 29

C. Research Finding ........................................................................................ 43

CHAPTER IV ....................................................................................................... 44

A. Conclusions ................................................................................................ 44

B. Suggestions ................................................................................................ 45

BIBLIOGRAPHY ................................................................................................. 46

APPENDIX ........................................................................................................... 49

1

CHAPTER I

INTRODUCTION

A. Background of the Research

Google Translate is one of a free online machine translation that gets a lot of

attention. It becomes more popular when Google translate offers the best facilities

than the other machine translation, such as providing more than a hundred

different languages which can be translated including Indonesian language. Also,

Google translate claims that Google translate can translate a phrases, sentences,

paragraphs, even the full text and books. However, the accuracy of Google

translate translation is still ambiguities in grammar, word choice and spelling. But

few people are aware of it, especially in translating the law translation.

Many translation errors that occur when using Google translate particularly

in translate of legal terminology. It is because Google translate currently

providing an "additional translation" and “suggestion of translation" that makes

the Google translate user that do not understand of legal terminology randomly

select the provided/suggested translation given by Google translate without

knowing which one of the exact translation of the legal terminology that is

needed, while the legal terminology contains important legal fact that makes the

translation should be very precise in its use both in the sense and meaning.

Basically Google Translate translation especially English-Indonesian only

provides a "rough" translation, which would produce a translation that is not in

accordance with the rules of English or Indonesian grammar. There would be an

error translation and the translation products in using Google translate would be

2

less pleasant to hear and read by the public reading. It makes the translation that

uses Google translate less fit and less acceptable in source language (SL) or target

language (TL).

Based on explanation above, the researcher is interested in examining the

translation of legal terminology of Machine Translation Google Translate because

Google translate is one of the machine translation that is popular among today

especially in Indonesia. But not all can be translated by Google translate such as a

legal terminology, so that it produce a translation that does not comply with TL.

To support this research the researcher will use the United States of America's

Constitution of 1789 with Amendments through 1992.

B. Focus of the Research

This research is focused in the translation of legal terminology using Google

Translate from English language to Indonesian language. The object of this

research is United States of America's Constitution of 1789 with Amendments

through 1992.

C. Research Question

According to the background of the research, the research question that will

be discussed by the researcher is: How are the error translation of legal

terminologies using Google Translate in United States of America's Constitution

of 1789 with Amendments through 1992?

3

D. Objective of Research

According to the explanation above, the objective of this research is to

analyze how the translation of legal terminology using Google Translate. In this

research, the researcher uses United States of America's Constitution of 1789 with

Amendments through 1992.

E. Significance of the Research

This research is expected to provide many benefits, including to make the

research as an addition in knowledge, as contribute ideas for translator. The

results of this research are expected to provide feedback to the translator in order

to avoid or minimize errors in translating legal terminology using Google

translate.

In practical terms, this research also provide an experience, information and

insight on translator, especially for researcher, to be more careful in using Google

translate to translate legal terminology from English to Indonesian.

F. Research Methodology

a. Method of Research

This research uses descriptive analysis methodology. The researcher uses

this methodology to analyze the translation of legal terminology using Google

translate from English as SL to Indonesian as TL to identify the types of the errors

and the causes. After identifying the types of the errors, the researcher defines,

explains and reconstructs the erroneous texts into the target language.

4

b. Instruments of Research

The research instrument is the writer herself as the researcher by translating

the United States of America's Constitution of 1789 with Amendments through

1992 using Google translate to Indonesian as TL, identifying the erroneous texts

and the finding data are analyzed and relates it with the theory that is used in this

research and concluded.

c. Unit of Analysis

The unit of analysis of this research is United States of America's

Constitution of 1789 with Amendments through 1992. Also, the Indonesian

translation of it using Google Translate. The researcher chooses this corpus

because there are many legal terminology that is founded which can be analyze.

d. Techniques of Data Analysis

The techniques used in this research are; the researcher translates the

United States of America's Constitution of 1789 with Amendments through 1992

into Indonesian language using Google translate, marks the words that assumed

incorrect, analyze and classify the words with the theory used by the researcher.

5

CHAPTER II

THE CONCEPT OF ERROR ANALYSIS USING GOOGLE TRANSLATE

IN LEGAL TERMINOLOGY TRANSLATION

A. Relevant Research

This research has been reviewed some previous research such as journals

which relevant to the study. This research hopes that previous researches may be a

reference in this study and make the research better.

Assessing Machine Translation Quality with Error Analysis by Maarit

Koponen.1 Translation quality can be evaluated with regard to different aspects,

such as accuracy (fidelity), fluency and fitness for purpose. In using a machine

translation system for information purposes, accuracy of semantic content is the

key aspect of quality. Automated quality metrics developed in the machine

translation field have been criticized for conflating fluency of form with accuracy

of content and for failing to provide any information on the types of errors in the

translations. Our research aims to discover criteria for assessing translation quality

specifically in terms of accuracy of semantic content in translation. This paper

demonstrates how an error analysis with a view to identifying different error types

in machine translations can serve as a starting point for such criteria. The error

classification described focuses on mismatches of semantic components

(individual concepts and relations between them) in the source and target texts.

1 Maarit Koponen, "Assessing Machine Translation Quality with Error Analysis", University of

Helsinki, Department of Modern Languages, 2010.

6

We present error analysis results, which show differing patterns both between

human translators and machine translation systems on the one hand and two

different kinds of translation systems on the other. The methodology research is

Human translation assessment has been moving from micro textual, word- or

sentence-level error analysis methods toward more macro textual methods focused

on the function, purpose and effect of the text. At the same time, machine

translation assessment has mainly been micro textual and focused on the aspects

of accuracy and fluency. The finding research is the human translations contained

considerably more substitutions of both concepts and participants than either of

the two machine translation systems. Substitutions of any kind were very rare for

the rule-based system and somewhat more common for the statistical. However,

about half of the instances of substituted concepts and substituted participants in

the translations made with the statistical translation system come from the same

text. The conclusion of this research is the error analysis presented in this paper

reveals interesting differences between human translations and machine

translations as well as two different types of machine translation systems. In this

way, it serves as a first step in developing an error classification with a view to

developing semantic quality criteria. While the error analysis succeeds in

uncovering differences, it is only a preliminary step. Firstly, the analysis does not

yet account for the real effect of different error types, and a deeper analysis is

needed to assess how different types of errors affect preservation of semantic

content. Secondly, differentiating true omissions from implicitation, true additions

from explicitation and mistakes from substitutions calls for a more refined and

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semantically oriented analysis and will be an important aspect in assessing

semantic quality.

Comparison of Google Translation with Human Translation by Haiying Li,

Arthur C. Graesser and Zhiqiang Cai.2Google Translate provides a multilingual

machine translation service by automatically translating one written language to

another. Google translate is allegedly limited in its accuracy in translation,

however. This study investigated the accuracy of Google Chinese-to-English

translation from the perspectives of formality and cohesion with two comparisons:

Google translation with human expert translation, and Google translation with

Chinese source language. The text sample was a collection of 289 spoken and

written texts excerpts from the Selected Works of Mao Zedong in both Chinese

and English versions. Google translate was used to translate the Chinese texts into

English. These texts were analyzed by the automated text analysis tools: the

Chinese and English LIWC, and the Chinese and English Coh-Metrix. Results of

Pearson correlations on formality and cohesion showed Google English

translation was highly correlated with both human English translation and the

original Chinese texts. The methodology research is this study investigated the

accuracy of Google translation from the perspectives of discourse level on two

metrics: formality and cohesion. The findings of the almost perfect correlation

between Google translation and the original Chinese version suggest that Google

Translate automatically translates the sentence by sentence with the punctuation in

the source language without much flexibility. It neither considers the difference in

2Haiying Li, Arthur C. Graesser and Zhiqiang Cai, “Comparison of Google Translation with

Human Translation”, University of Memphis, Institute for Intelligent Systems, Memphis, USA.

8

syntactic structure between the source language and the target language. However,

the human translation is able to separate the complete semantic meanings into

individual independent sentences considering the different characteristics between

the Chinese and English languages. This study evaluated Google English

translation with the comparison of human English translation and the original

Chinese. The results indicated that both translations had a small, but significant

correlation with the Chinese in formality, but the translations had a high

correlation in LIWC and Coh-Metrix composite formality score. In terms of

cohesion, both translations had a high correlation with each other in LSA and

CWO, but Google translation had higher correlations with the Chinese than

human translation. Considering the sentence length, both translations were

correlated highly, but Google translation had a higher correlation (almost to 1)

with the Chinese. These findings imply that Google translation is associated with

the original Chinese similar to human translation from the perspectives of

formality and cohesion. Since formality was computed with the comprehensive

multiple linguistic and psychological metrics and cohesion was measure with LSA

and CWO, it is possible to make a conclusion that Google translation is close to

human translation at the semantic and pragmatic levels. However, at the syntactic

level or the grammatical level, it needs improving. In other words, Google

translation yields a decipherable and readable translation even if grammatical

errors occur. Google translation provides a means for people who need a quick

translation to acquire information. Thus, computers provide a fairly good

9

performance at translating individual words and phrases, as well as more global

cohesion, but not at translating complex sentences.

The Analysis of English-Persian Legal Translations Based on Systemic

Functional Grammar Approach (SFG) by Ferdows Aghagolzadeh & Faezeh

Farazandeh-pour.3This paper tries to analyze the errors arising in translation of

legal documents from English to Persian. Most of the researchers conducted on

explaining the complexity of legal language, has shown that vocabulary and

terminology has justifiably received the most attention, as lexis fulfills the

symbolic or representational function of language better than any other linguistic

component. Consequently it has been supposed that in legal translation, just

finding appropriate equivalent for vocabulary and terminology is sufficient. But in

this paper, which examines the errors occurred in English –Persian translation of

legal documents, the translated text will be analyzed at sentence level based on a

meaning-based functional approach ; i.e. Systemic Functional Grammar Approach

(SFG) to see whether we can apply it as an objective criteria for error analysis of

translated legal documents & how. For this purpose, nine error categories were

considered; including interpersonal, textual, logical and experiential

metafunctions and in order to understand experiential meaning, it was broken into

three functional constituents; that is participant, process and circumstance. Further

to the above categories, three other issues, including mistranslation, omission and

word choice were considered, as well. Then while dividing the legal text into

3 Ferdows Aghagolzadeh, Faezeh Farazandeh-pour, "The Analysis of English-Persian Legal

Translations Based on Systemic Functional Grammar Approach (SFG)", Tarbiat Modares

University, Tehran, Iran, ISSN 1799-2591, Theory and Practice in Language Studies, Vol. 2, No.

1, pp. 126-131, January 2012 © 2012 ACADEMY PUBLISHER Manufactured in Finland.

doi:10.4304/tpls.2.1.126-131

10

separate sentences, each sentence was analyzed according to these categories. The

results of this research show that SFG approach would be an appropriate criteria

and scale for evaluating the accuracy of the legal documents translation, not only

for legal translators in producing an accurate and perfect translation, but also for

teachers in evaluating the students’ translation abilities, objectively. The corpus-

based approach is a useful tool to reduce subjectivity in evaluation translations

when it comes to terms, expressions, collocations, and semantic prosody, but the

rang of information that could be drawn from the corpus could be widened every

further if the users’ linguistic focus extended beyond the expression level to the

systemic functional meaning-based level. Findings of this research can be used by

legal translators to translate legal documents accurately and by teachers to give

systematic feedback on individual errors and to evaluate the students’ translations

objectively. For example, instead of saying that "you should not add or miss

anything in translation", they can actually articulate when addition or mission

might or might not be justifiable, and also provide explanations for this by

referring to what meaning is changed .This meaning-based approach to translation

can empower translators and students to think systematically about the translation

options they have and articulate reasons for their choices. This is due to the fact

that feedback on their translation errors is not based on one's subjective judgment

but on systematic, linguistic knowledge, which serves as a basis for students to

make informed translation decisions. Using this classification, teachers can also

give individual students systematic feedback on language competence, indicating

their relatively weak and strong areas. One instance of translation might not be

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enough to detect areas of weakness but if repeated error patterns are observed that

would be a good indicator. Research attempts like this small study that address

theoretical and/or practical gaps in translation studies can eventually enrich both

translation studies and other relevant disciplines. It is worth mentioning that

follow-up researches may be conducted to further investigate whether or not this

translation error analysis based on SFG helps students develop translation skills

and leads to improvement of translation quality. Also this approach may be

implemented as an objective evaluating software that can analyze the translation

of different texts automatically and in this way can save the human time and

energy, consequently.

From the information above, those three researches are really contribute to

this research because the researches explained about how an error analysis with a

view to identifying different error types in machine translations, investigated the

accuracy of Google translation from the perspectives of formality and cohesion

with two comparisons: Google translation with human expert translation, and

Google translation with source language, and analyze the errors arising in

translation of legal documents from English which are very needed to help

analyzing this research and make this research better.

Although those three researches above are really helpful to this research,

however this research has a differences from those researches. This research is

explained about the error translation of legal terminology using Google translate

from English to Indonesian which is not concluded in each previous research

above.

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B. Error Analysis

Error analysis is a type of linguistic analysis that focuses on the errors

learners make. It consists of a comparison between the errors made in the target

language (TL) and that TL itself. Pit Corder is the ‘Father’ of Error Analysis. It

was in his article entitled ‘The significance of Learner Errors’ that Error Analysis

took a new turn. Errors used to be ‘flaws’ that needed to be eradicated.

Systematically analyzing errors made by language learners makes it possible to

determine areas that need reinforcement in teaching.4

Corder identified a model for error analysis which included three stages:

1. Data collection

2. Description

3. Explanation

a. Types of Analysis

Since computers can recognize only symbols which are part of its own

character set: letters, punctuation marks, spaces, numbers, and various other

symbols, analysis should be carried out on different levels of linguistic

description.

Butler believes that analysis should be carried out on the level of

graphology, phonology (the sound system), lexis (vocabulary), syntax (the

combination of words in grammatical constructions), and semantics (meaning).5

4 Corder, S.P. 1967. The Significance of Learner's Errors IRAL : International Review of Applied

Linguistics in Language Teaching; Jan 1, 1967; 5, 4; Periodicals Archive Online pg. 161 5 Butler, C. (1985). Computers in Linguistics. Oxford: Basil Blackwell Ltd.

13

b. Graphological Analysis

A graphological analysis is considered one of the simplest matters in the

analytical process. The computer can easily count individual letters and words

appearing in a text and generate word-lists, indexes, concordances, or statistical

information. Therefore, most computational work on texts has relied on analysis at

this level.

c. Lexical Analysis

After generating a word-list, index, or concordance, lexical analysis takes

place. As words have inflected forms, the computer has to decide the lemma for

the given word, i.e. its origin. For example, the verb ‘to walk’ may appear in

different forms, ‘walk’, ‘walking’, ‘walks’, etc. the base form of the word ‘walk’

is called lemma, the word one looks up from the dictionary. The activity of

grouping the different lexemes of one lemma is called lemmatization in the

science of computational linguistics. Lemmatization is therefore the algorithmic

process of determining the lemma of a given word which is considered to be one

of the most challenging tasks in MT.

d. Syntactic Analysis

Syntactic analysis is sought next in MT which requires the recognition of

clause and phrase boundaries, and the classification of clauses (main or

subordinate), phrases (nominal, verbal, prepositional, etc), words (as nouns, verbs,

adjectives, or other parts of speech). Explicitly, such analysis is of an intricate

nature which needs an automatic parsing system which is not 100% accurate.

14

Nirenburg (1987) illustrates the importance of the knowledge of the syntactic

structure by furnishing the following example:

(1) The coach lost a set

Without syntax, a translator cannot decide whether coach is a noun or verb,

lost is a verb or adjective, set a noun, verb or an adjective. This knowledge is

found in grammar books of English in which the human translator should be

aware of before indulging himself in translation. In MT, there is a special

processing unit called ‘syntactic parser’ which applies this knowledge to the input

text and produces its syntactic structure. However, syntactic analysis might not be

enough in some cases:

(2) Old men and women

In (2), the modifier “old” could modify the noun “men”, or it could modify

both nouns “men and women”. In such instances, this issue constitutes a problem

to human translators, let alone MT systems. More comprehensive, such

ambiguities lead to a big number of parses.

e. Semantic Analysis

Analogous to syntactic analysis, semantic analysis is considered a

challenging task to MT developers. This is due to the fact that “meaning” is an

abstract concept compared with the linguistic form. There are different approaches

to semantic analysis. One approach is to examine the collocations of the SL and

TL. Collocation is simply how words associate with other words; some items

strongly collocate with each other, for example (rancid with butter, addled with

egg). Other collocations have a wide range of items in which they could collocate

15

with. Bad or good as adjectives could associate with a large number of words. The

latter type is of a problematic area in MT. The second approach is to create a list

of words and analyze it automatically by means of a thesaurus held with the

computer system to isolate predominant themes in the text. Butler summarizes the

complexity of the semantic analysis by stating that:

"Fully automatic translation of high quality accepting any kind of text as

input, is an ideal which will not be achieved in the immediate future. Progress

towards this ideal is limited by the extent of our knowledge about human

languages. In particular, the semantic analysis of language, which is arguably the

most important area for Machine Translation, is still at rudimentary stage, even

for English. Because of these limitations, many experts in Machine Translation

have decided to focus on much more modest aims."6

The present achievements in MT coincide with Butler’s hypothesis

specifically in the area of the quality of the outcome. However, more research is

directed towards translating from one language to many and vice versa with lower

ambitious outcomes; Google Translate is an example of a service which can

translate between 58 languages instantly.

C. Machine Translation

Machine translation (MT) is define as automatic translation, done by a

computer with or without human assistance. It is not computerized term banks or

other machine aids for human translation (in which humans understand and

6 Loc. cit.

16

translate text), although the benefits from MT are greater when it can be

integrated with word processing, telecommunications, electronic publishing

systems, etc. The essential difference is that an MT program offers a translation of

entire sentences.7

There are several kinds of machine translation, not only Google translate.

Such as Babel Fish and AOL. There are several freely available web-based MT

systems, Including the following: Google Translate, SDL Automated Translation

Solutions, Bing Translator, and Yahoo! Babel Fish.8

The history of research and applications in the field of machine translation

shows a variety of machine translations which they have been the subject of much

research of machine translation quality assessment, such as example-based, open-

source, pragmatic-based, rule-based, and statistical machine translation. Corder

was the first who studied error analysis and defined language transfer as the main

process in language learning in the 1960s. In recent years, research on machine

translation evaluation has become very popular and some experts have been

interested in using error analysis to assess machine translations.9

Based on its capability, machine translation has two types: bilingual and

multilingual. The systems are designed either for two particular languages

(bilingual systems) or for more than a single pair of languages (multilingual

7Veronica Lawson, “The Background to Practical Machine Translation”, Computers and

Translation, Vol. 1, No. 2 (Apr., 1986), pp. 109-112, Springer,

http://www.jstor.org/stable/25469867, Accessed: 02-05-2016 05:48 UTC. 8Melita Koletnik Korošec, “Applicability and Challenges of Using Machine Translation in

Translator Training”, University of Maribor, Slovenia, p. 9. 9Hadis Ghasemi1 &MahmoodHashemian, “A Comparative Study of Google Translate

Translations: An ErrorAnalysis of English-to-Persian and Persian-to-English Translations”,

Department of Foreign Languages, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan,

Iran.

17

systems). Bilingual machine translation is a translation device for bilingual use.

This kind of machine translator has two types based in its program location, those

are: online machine translation and offline machine translation. Online bilingual

machine translation is more dependable that the offline because the vocabulary

database is always updated by the administrator the program. On the other side,

multilingual machine translation is machine translation which has the capability to

translate text to not only one language to another language, but one language to

many other languages. Multilingual machine translation rarely has an offline

version, mostly has an online version. Google Translate the one example of

multilingual machine translation.10

D. Google Translate

Google Translate is a free online MT service that enables users to translate

sentences, documents, and even websites instantly. It functions when a user types

or pastes the material in the SL and Google Translate detects the ST and translates

it into English as a default language. However, Google Translate has its

drawbacks just as any other MT. Though it helps the reader to comprehend the

content of ST, it does not usually produce accurate results. The accuracy depends

on the language pair being used. For example, the accuracy of Google Translate

increases substantially when translating a text from English into a European

10Hutchins, W.J. & Somers, H.L. (1992) An introduction to machine translation. London:

Academic Press, Chapter 4, Basic Strategies.

18

Language. Results of analyses were reported in 2010, showing that French into

English translation is very accurate.11

Another condition which could affect Google Translate’s accuracy is the

length of the sentence or paragraph of the ST. The future is just as bright as the

present for online translation systems as Hutchins anticipates that “Users of online

translation systems (whether charged or free) will expect continued

improvements, and this will be more likely with specialized services than with

non-specialized ones.”12

Google Translate does not apply grammatical rules, since its algorithms are

based on statistical analysis rather than traditional rule-based analysis. Indeed, the

system's original creator, Franz Josef Och, the head of Google's Machine

Translation group, has criticized the effectiveness of rule-based algorithms in

favor of empirical approaches.13

Regardless of the popular and complete facilities, google translate still had a

deficiency which is located on the accuracy of the translation of google translate

itself such as; not translated / omitted words, surplus of words in translation,

morphological errors / suffixes, lexical errors – wrong translation, syntactic errors

– word order, and punctuation errors.14

11 Shen, E. (2010). Comparison of Online Machine Translation Tools. Retrieved from

http://web.archive.org/web/20110210034229/http://tcworld.info/index.php?id=175. 12 Hutchins, J., Hartmann, W. & Ito, E. (2005). Compendium of Translation Software. Retrieved

from http://ourworld.compuserve.com/homepages/WJHutchins/Compendium-11.pdf. p. 171 13 Och, F. (2009). 51 Languages in Google Translate. Google Research Blog.

http://googleresearch.blogspot.com/2009/08/51-languages-in-google-translate.html. 14SanjaSeljan, TomislavVicic, MarijaBrkic, “BLEU Evaluation of Machine-Translated English-

Croatian Legislation”,University of Zagreb, Faculty of Humanities and Social Sciences,

Department of Information and CommunicationSciences, IvanaLucica 3, 10000 Zagreb, Croatia.

19

E. Legal Translation

Legal translation is a complex and special type of linguistic activity. It

involves mediation between different languages and cultures, and above all

different legal systems. It requires special skills, knowledge, and experience on

the part of the translator. This entry outlines the key concepts and issues involved

in legal translation.15

The translation of law has played an important role in the contact between

different cultures in history and it is playing a more important role in our

globalized world with the ever-increasing demand for legal translation. It has been

always acknowledged that legal translation is complex and that it requires special

skills, knowledge and experience on the part of translator to produce such

translation.16

“Legal Translation” is a type of special or technical translation, a kind of

translational activity that involves special language use, that is, Language for

Special Purpose (LSP) in the context of law, or Language for Legal Purpose

(LLP). In other word, legal translation consists of taking a document in one

language and switching it to another language whilst maintaining the same

meaning. Legal translation deals with legal issues and terms. This field involves

translating statutes, contracts, patents and any type of legal documentation. These

15 Deborah Cao, 2013, Legal Translation, Griffith University, The Encyclopedia of Applied

Linguistics, Edited by Carol A. Chapelle. © 2013 Blackwell Publishing Ltd. Published 2013 by

Blackwell Publishing Ltd. DOI: 10.1002/9781405198431.wbeal0679, p. 1. 16 Ferdows Aghagolzadeh, Faezeh Farazandeh-pour, "The Analysis of English-Persian Legal

Translations Based on Systemic Functional Grammar Approach (SFG)", Tarbiat Modares

University, Tehran, Iran, 2012, p. 126.

20

documents are often used in legal proceedings where the initial original meaning

must be maintained even after the translation.17

It is often said that legal translation is difficult and complex, but why? There

are a number of reasons. In essence, the nature of law and legal language

contributes to the complexity and difficulty of legal translation. This is

compounded by further complications arising from working with two languages

and legal systems in translation. Sources of difficulty with legal translation

include the systemic differences in law, linguistic differences and cultural

differences. All of these are closely related.18

Legal language is a technical language, but, unlike the language used in pure

science (such as mathematics or physics), legal language is not a universal

technical language. Rather, it is tied to a national legal system. Legal language is

system-bound—that is, it reflects the history, evolution, culture and above all the

law of a specific legal system.19

Successful legal translation must meet the following requirements:

1. Accuracy and attention to detail

2. Knowledge of the legal systems, both of the source and target language

3. Familiarity with the relevant legal terminology

4. Confidentiality

17 Ferdows Aghagolzadeh, Faezeh Farazandeh-pour, loc. cit. 18 Deborah Cao, op. cit, p. 2. 19Weisflog, W. E, 1987, "Problems of legal translation. Proceedings of the XIIth International

Congress of Comparative Law", Zürich, Switzerland: Schulthess, p. 203.

21

5. Timely delivery of translated documents20

F. Types of legal translation

It is worth noting here that such characteristics of legal English derive from

the language use in legal corpus in which the level of formality can be

characterized as frozen or formal. Such corpus comprises of legislative language,

administrative and testament language, jury instructions, and documents such as

endowment-assurance policies, hire-purchase agreements, and insurance policies.

Hiltunen (1990) distinguishes three types of legal writing:

1. Academic texts which consist of academic research journals and legal

textbooks

2. Juridical texts covering court judgments or law reports

3. Legislative or statutory writings consisting of Acts of Parliament,

contracts, treaties, etc.

G. Linguistic features of legal translation

Law is a part of culture. Understanding, then, is possible by putting down

implicit cultural references to certain structures on the text level. Cultural

elements appear in the texts on all levels – from the form of words for concepts, to

the sentences and stylistic text structure, up to pragmatics in its social function.

Culture as the background of every human communication is a dynamic

20 __, Legal Translation requirements and issues. Accessed on January 16, 2012,

http://www.zimbio.com/In+Translatiom/articles/mwPt4EOIbA/Legal+translation+requirements+is

sues

22

phenomenon based on historical tradition including the individual’s personal

development.21

When we now look at the concrete translation of legal texts, it is clear that

the linguistic aspects come to the foreground. These may be described on various

language levels. There are Standard macro-structures, A Special terminology,

Technical style, Speech acts in legal language, and The procedural repetition in

formulae.22

a. Standard macro-structures

When we look at the text to be translated as a whole. Every text genre,

such as the paragraph of a code, a patent text, a school certificate, a

contract, a court sentence, etc. has a specific macro-structure. It is

important for a professional translator to know the relevant macro-

structures for texts in the languages dealt with.

However, translation is not comparison of facts, translation is a service, a

means for understanding when it presents the text precisely. There is never

a cultural transfer in the sense of changing a source text document into a

target language document. To the contrary: documentary translation will

not change the form but rather follow its shape in a narrow way. So the

source text structure will be visible, and the certificate which contains its

legal value only in the source document, can be read and understood via

the translation. The target text is transparent for the source. In contracts it

is adequate to look at linguistic, idiomatic qualities, but we have to keep

21 Radegundis Stolze, 2009, "Dealing with cultural elements in LSP texts for translation".

JosTrans, the Journal of specialized Translation. Issue 11, p. 124 22 Radegundis Stolze, 2013, op. cit, p:9

23

the amount of sentences identical in the text. So readers with different

mother tongues will be able to discuss the text.23

b. Special terminology

Those terms for concepts with different levels of abstraction side by side

on the text level. There are various possible reactions to this by the

translator:24

1. Literal translation

Literal translation or word for word translation occurs when there is

an exact structural, lexical, even morphological equivalence between

two languages. According to the authors, this is only possible when

the two languages are very close to each other.

2. Loanword

Loanword or borrowing is a word taken directly from another

language. It can be pure (without any change, e.g., the English word

execution has been incorporated directly into Indonesian languages

eksekusi, or it can be naturalized (to fit the spelling rules in the TL),

e.g., gol.

3. Substitute by a target term

Substitution (linguistic, paralinguistic). To change linguistic

elements for paralinguistic elements (intonation, gestures), e.g., to

23 Radegundis Stolze, 2013, op. cit, p. 9. 24 Lucía molina and Amparo hurtado albir, 2002, "Translation Techniques Revisited: A Dynamic

and Functionalist Approach", Universitat Autònoma de Barcelona, Barcelona, Spain, pp. 499- 511

24

translate the Arab gesture of putting your hand on your heart as

Thank you. It is used above all in interpreting.

4. Use of a hyperonym which is more general (Generalization)

Generalization is to translate a term for a more general one, whereas,

particularization is the opposite, e.g., mineral water by Aqua is a

generalization.

5. Translation with explicative extension (Amplification)

Amplification is similar to concentration and dissolution.

Amplification occurs when the TL uses more signifiers to cover

syntactic or lexical gaps. Amplification introduce details that are not

formulated in the ST: information, explicative paraphrasing, e.g.,

when translating from Arabic to add the Muslim month of fasting to

the noun Ramadan. Footnotes are a type of amplification.

Amplification is in opposition to reduction.

6. Target version with source term in brackets (Adaptation)

Adaptation is a shift in cultural environment, i.e., to express the

message using a different situation, e.g. cycling for the French,

cricket for the English and baseball for the Americans.

Adaptation replace a SL cultural element with one from the target

culture.

25

7. Use of source term with a footnote (Compensation).

To introduce a SL element of information or stylistic effect in

another place in the TL because it cannot be reflected in the same

place as in the SL.

8. Original word as a target neologism (Calque).

A foreign word or phrase translated and incorporated into another

language. Literal translation of a foreign word or phrase; it can be

lexical or structural.

9. The respective decision has to be taken based on subject knowledge

(Particularization).

To use a more precise or concrete term. It is in opposition to

generalization.

c. Technical style

Technical style serves a specific function of speech. Legal texts are

specialist communication, and their style is different from the creative

language in general utterances such as in family, in literature, in the

newspapers. The characteristics of technical style are anonymity,

precision, economy of expression, as the key function of the language for

special purposes is “specification, condensation and anonymity of the

propositions”. And this is also true for legal texts and is realized by a

special style:25

25 Rosemarie Gläser, 1998, "Fachsprachen und Funktionalstile. In: Hoffmann, Lothar et al. (Hg.)

Fachsprachen - Languages for Special Purposes. Ein internationales Handbuch zur

Fachsprachenforschung und Terminologiewissenschaft – An International Handbook for Special

Languages and Terminology Research". Vol. 1. Berlin/New York: de Gruyter, p. 206.

26

1. Anonymity: passive voice, 3rd person in present tense, focus on

function not on persons, orders in the infinitive

2. Precision: many nouns focusing on facts, functional verbs with

noun, factual adjectives, syntactic appositions, linguistic

condensation

3. Economy of expression: word compounding, series of hypotaxes for

explicitation, phraseological forms.

d. Speech acts

There are five forms of such speech acts:26

1. Assertive (statements, description)

Assertive is the speech acts that bind the speaker to the truth that is

spoken. For example: state, report, mention, show, conclude,

describe, and affirm.

2. Declaration (self-commitment, warranty)

Declarations is the speech act that wants to create a new situation,

such as deciding, canceling, prohibiting, forgiving, and permitting.

3. Directive (orders, recommendations)

Directive is the speech acts that is performed to make the hearer do

what the speaker say like telling, begging, demanding, challenging,

advising, and commanding.

26 Searle, J. R. 1969. Speech Act: An Essay on the Philosophy of Language. New York: Cambridge

University Press, pp. 23-24.

27

4. Commissive (binding, obligations)

Commissive is the speech act that bind the speaker to carry out the

things mentioned in the utterance, such as promise, threaten, agree,

and swore.

5. Expressive (expression of feelings).

Expressive is the speech act to assess or evaluate the things which is

mentioned in the utterance such as praise, thank, criticize, complain,

and apologized.

e. Procedural repetition in formulae

As the law and court decisions do refer to relevant other texts, such as

previous sentences or constitutional texts and codes, there is usually a

reference to similar aspects, to analogue procedures, to repetitive

activities. Naturally, such reference is made by repeating the same

formulation. We note:27

1. The same expression is used for a similar action

2. No literal translation is applied, as style is different

3. A stylistic collection of formulae would be helpful.

In translating legal texts, one will also observe the groups of addressees

and apply inclusive language, where requested. Technical phraseology

enhances the authoritative appearance of legal text types.

27 Radegundis Stolze, 2013, op. cit, pp. 10-11.

28

CHAPTER III

THE ANALYSIS OF LEGAL TERMINOLOGY TRANSLATION USING

GOOGLE TRANSLATE OF UNITED STATES OF AMERICA'S

CONSTITUTION OF 1789 WITH AMENDMENTS THROUGH 1992

A. Data Description

The collected data is derived from United States of America's Constitution

of 1789 With Amendments Through 199228 as source language (SL) which has 25

pages and the Indonesian translation of it as target language (TL) using Google

translate. This research takes 12 data of legal terminologies translation to analyze.

The selected data is tabulated as following:

Table 1: The Data of Legal Terminologies Translation in Source Language and

Target Language

No Source Language Target Language

1. Senate Senat

2. Speaker Speaker

3. President Pro Tempore Presiden untuk sementara

4. Chief justice Ketua Hakim

5. Impeachment Impeachment

28 constituteproject.org, United States of America's Constitution of 1789 With Amendments

Through 199,

https://www.constituteproject.org/constitution/United_States_of_America_1992.pdf?lang=en,

Accessed on march 2017

29

6. Letters of Marque Surat dari Marque

7. Writ of Habeas Corpus Writ of Habeas Corpus

8. Bill of attainder Bill of attainder

9. ex post facto law ex post facto hukum

10. Capitation Kapitasi

11. District Kabupaten

12. Poll tax Pajak Jajak Pendapat

B. Data Analysis

In this data analysis, the researcher analyzes the error translation of legal

terminology as data in this research by using the relevant theories. The data can be

seen as followings:

1. Senate

SL: 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.

TL: Senat Amerika Serikat akan terdiri dari dua Senator dari setiap Negara, dipilih

oleh Legislatif daripadanya, untuk enam tahun; dan masing-masing Senator

akan memiliki satu suara.

30

Other than the word congress above, there is the word Senate. "Senate" here is

translated into "Senat" by google translate. In Indonesia Senat is

senat/se·nat/ /sénat/ n 1 dewan pengajar di perguruan tinggi; 2 organisasi

mahasiswa tingkat fakultas29 or the governing body of a university or college

whereas the word senate above is means the smaller upper assembly in the US,

US states, and other countries such as France.30 Because of the differences of legal

system between Indonesia and US, the legal system of US is under congress

system that has two chambers, the House and the Senate meanwhile in Indonesia

is under legislature that has three chambers, the People's Consultative Assembly

(Indonesian: Majelis Permusyawaratan Rakyat, MPR), the House of

Representative (Indonesian: Dewan Perwakilan Rakyat, DPR), and the Regional

Representatives Council (Indonesian: Dewan Perwakilan Daerah, DPD).31 There

is no senate as mentioned above. Google Translate chooses the loanword method

to translate "Senate" into "Senat", the translation is not wrong but it would be

better if given an explanation after the translation so that the Indonesian people

are not misidentified.

2. Speaker

SL: The House of Representatives shall chuse their Speaker and other Officers;

and shall have the sole Power of Impeachment.

29 Senat, n. KBBI, http://kbbi.web.id/senat 30 Senate, n. English Oxford Living Dictionaries,

https://en.oxforddictionaries.com/definition/senate 31 Undang-Undang Dasar Negara Republik Indonesia Tahun 1945.

https://portal.mahkamahkonstitusi.go.id/eLaw/mg58ufsc89hrsg/UUD_1945_Perubahan.pdf

31

TL: DPR harus memilih Speaker mereka dan Pejabat lainnya; dan harus memiliki

satu-satunya Kekuatan Impeachment.

From the data above, it is seen that Google translate fails to translate

"Speaker" the translation is still same word "Speaker". It happens because it is

translated through one document directly, it will shows a different translation if it

is translated in one single word. The translation of "Speaker" if it is translated in

one single word is "Pembicara". In KBBI Pembicara/pem·bi·ca·ra/ n 1 orang

yang berbicara (berpidato dan sebagainya) dalam rapat dan

sebagainya; 2 penasihat;32 - People who speak (speech and so on) in meetings

and so on. While the meaning of the sentence above is the House of

Representatives has the power to choose its own leaders; customarily, the majority

party chooses its leader to serve as the Speaker of the House33. If it is seen from

the meaning of the context, the translation "Pembicara" is not fit to the text

meaning. The closest meaning that fit to the text is "Ketua".

3. President Pro Tempore

SL: 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.

TL: Senat akan memilih Petugas mereka yang lain, dan juga Presiden untuk

sementara, di Tidak adanya Wakil Presiden, atau ketika ia harus

melaksanakan Kantor Presiden Amerika Serikat.

32 Pembicara, n. KBBI, http://kbbi.web.id/pembicara 33 Shmoop Editorial Team, "Article 1, Section 2," Shmoop University, Inc., Last modified

November 11, 2008, http://www.shmoop.com/constitution/article-1-section-2.html.

32

The meaning of the sentence above is the Senate has the power to choose its

other officers and the President Pro Tempore. President Pro Tempore is a high-

ranking senator of the majority party who presides over the US Senate in the

absence of the vice president34. As mentioned in the United States of America's

Constitution of 1789 With Amendments Through 1992 article-1-section-3 clause

4 "The Vice President of the United States shall be President of the Senate, but

shall have no Vote, unless they be equally divided"35. From the sentence can be

known that President Pro Tempore is the second highest office in the United

States Senate after the Senate because the Senate chooses the President pro

tempore. President Pro Tempore runs the job of the Senate - who is held by the

Vice President - when the Senate is unable to attend. The President Pro Tempore

is at number three - after the Vice President and Speaker of the House of

Representatives of the United States - in the path of the presidential succession.

Here, in the sentence above "President Pro Tempore" is translated as

"Presiden untuk sementara" by Google translate. The meaning of the translation is

too far from the true meaning that the source language means. As explained

before while explaining "Senate" Indonesia has a different legal system with the

United Stated, this is what makes the translation become ambiguous because there

is no "President Pro Tempore" in Indonesia. But when it seen from what is

intended, the best translation should be "Wakil Senate".

34 President Pro Tempore, n. English Oxford Living Dictionaries,

https://en.oxforddictionaries.com/definition/president_pro_tempore 35 constituteproject.org, Op.cit.

33

4. Chief Justice

SL: 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.

TL: Ketika Presiden Amerika Serikat mencoba, Ketua Hakim akan memimpin:

Dan tidak ada Orang harus dihukum tanpa Persetujuan dua pertiga dari

Anggota yang hadir.

Google Translate translates "Chief justice" became "Ketua Hakim" where

the word "Hakim" in Indonesia is very general and can be used in all trials while

if it is seen from the context of the sentence above, Chief justice is intended as

"Ketua Mahkamah Agung" as stated in the legal dictionary. In legal dictionary

Chief justice interpreted as the presiding, most senior, or principal judge of a

court.36 The translation result of "Ketua Hakim" is produced by Google translate

when translating in a sentence but it would be different results if you translate it in

just one word, the result will be correct "Ketua Mahkamah Agung”.

5. Impeachment

SL: The House of Representatives shall chuse their Speaker and other Officers;

and shall have the sole Power of Impeachment.

TL: DPR harus memilih Speaker mereka dan Pejabat lainnya; dan harus memiliki

satu-satunya Kekuatan Impeachment.

36 Chief Justice, n. American Heritage® Dictionary of the English Language, Fifth Edition. 2011.

34

The meaning of the sentence above is the House of Representatives has the

power to choose its own leaders; customarily, the majority party chooses its leader

to serve as the Speaker of the House and the House of Representatives—and only

the House of Representatives—has the power to impeach executive and judicial

officers deemed unfit for office. To "impeach" means to accuse; if the House does

vote to impeach, the Senate must then decide whether or not to convict and

remove the person from office.37 On the contrary Google translate fails to translate

the word in a sentence "Impeachment" is still become the same word

"Impeachment" as seen above. This was considered a failure because there is no

the word "Impeachment" in Indonesia, KBBI will shows nothing when we search

the word "Impeachment" and it is not the loanword too. However it will shows a

different result when we try to translate in a single word, it will shows

"Pendakwaan". But the word "Pendakwaan" is not fit to the sentence above,

"Pendakwaan" means pendakwaan/pen·dak·wa·an/ n penuntutan perkara;

pengaduan;38 or the action of calling into question the integrity or validity of

something and the "Impeachment" above means a charge of misconduct made

against the holder of a public office39 as has been said before. If we seen from the

context the fit word to translate "Impeachment" is "Pemakzulan". "Pemakzulan"

has the same meaning with the "Impeachment" above.

37 Shmoop Editorial Team, "Article 1, Section 2," Shmoop University, Inc., Last modified

November 11, 2008, http://www.shmoop.com/constitution/article-1-section-2.html. 38 Pendakwaan, n. KBBI, http://kbbi.web.id/pendakwaan 39 Impeachment, n. English Oxford Living Dictionaries,

https://en.oxforddictionaries.com/definition/impeachment

35

6. Letters of Marque

SL: To declare War, grant Letters of Marque and Reprisal, and make Rules

concerning Captures on Land and Water;

TL: Untuk mendeklarasikan Perang, memberikan Surat dari Marque dan

Pembalasan, dan membuat Aturan mengenai Menangkap pada Tanah dan

Air;

From the data above, Google Translate translates the word "Letters of

Marque" into "Surat dari Marque". Because there is no the word "Marque" in

Indonesia, it become ambiguous translation. "Letters of Marque" is a license to fit

out an armed vessel and use it in the capture of enemy merchant shipping and to

commit acts which would otherwise have constituted piracy40 or a letter that gives

a pirate official permission to do his thing in the name of the national interest.41

The strategy that Google translate uses was right to borrowing the word "Marque"

because once again there is no word "Marque" in Indonesia, it become ambiguous

translation because when it translate into "Surat dari Marque" which become

different meaning from the context. The best translate should be "Surat Marque"

with an addition explanation "Surat resmi Bajak Laut untuk menyerang musuh

negara". If it is so, it will more understandable and helpful for the reader.

40 Letter of Marque, n. English Oxford Living Dictionaries,

https://en.oxforddictionaries.com/definition/us/letter_of_marque 41 Shmoop Editorial Team, "Article 1, Section 8," Shmoop University, Inc., Last modified

November 11, 2008, http://www.shmoop.com/constitution/article-1-section-8.html.

36

7. Writ of Habeas Corpus

SL: 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.

TL: The Privilege dari Writ of Habeas Corpus tidak akan ditangguhkan, kecuali

dalam Kasus Pemberontakan atau Invasi Keselamatan publik mungkin

memerlukan itu.

"Habeas corpus" is a Latin term meaning "you shall have the body"; in

practice, the right to Habeas corpus means that you can't be held in jail without

facing legitimate charges of some kind—there is no such thing as indefinite

detention without due legal process.42 The Writ of Habeas Corpus is a writ

requiring a person under arrest to be brought before a judge or into court,

especially to secure the person's release unless lawful grounds are shown for their

detention.43 It is perhaps the most important foundation of civil liberties. The

country that use a Writ of Habeas Corpus are Canada, Egypt, France, Germany,

Iraq, Italy, Japan, Pakistan, Russia, Saudi Arabia, Syria, United Kingdom, and

Yemen44, there is no Indonesia, Indonesia is not use Writ of Habeas Corpus but

42 Shmoop Editorial Team, "Article 1, Section 9," Shmoop University, Inc., Last modified

November 11, 2008, http://www.shmoop.com/constitution/article-1-section-9.html. 43 Habeas Corpus, n. English Oxford Living Dictionaries,

https://en.oxforddictionaries.com/definition/habeas_corpus 44 The Law Library of Congress, Habeas Corpus Rights: Canada, Egypt, France, Germany, Iraq,

Italy, Japan, Pakistan, Russia, Saudi Arabia, Syria, United Kingdom, and Yemen May 2007

Updated: March 2009, Global Legal Research Center, http://www.law.gov

37

the basic principles of Habeas Corpus is same as "Praperadilan"45 in Indonesia. So

the "Writ of Habeas Corpus" can be translated become "Praperadilan".

8. Bill of Attainder

SL: No Bill of Attainder or ex post facto Law shall be passed.

TL: Tidak ada Bill of attainder atau ex post facto Hukum harus dilalui.

Bill of attainder is a law that simply declares, by legislative fiat, that certain

people are guilty of a crime and then imposes some kind of punishment upon

them. In other words, it's a way for a legislature to act like judge and jury,

convicting and punishing people without benefit of trial. Bills of attainder used to

be used occasionally by the British Parliament; the American Founding Fathers

viewed them as terrible violations of liberty and banned them from the United

States,46 this is same as in Indonesia but with different legal terms, in Indonesia

Bill of attainder known as "Asas Legalitas". It can be seen from article 1, section 1

Penal Code of Indonesia (KUHP): Tiada suatu perbuatan dapat dipidana kecuali

atas kekuatan aturan pidana dalam perundang-undangan yang telah ada,

sebelum perbuatan dilakukan - No act shall be punished unless by virtue of a prior

statutory penal provision. But the meaning of Asas Legalitas has a contrary

meaning to the meaning of the Bill of Attainder, however it will have the same

meaning if there is word "NO" in front of the Bill of Attainder same as article

above. It means "No Bill of Attainder" is "Asas Legalitas".

45 Meliala. Nefa Claudia, Law Dissertation: "Upaya Pembaharuan Hukum Acara Pidana Nasional

Melalui Hakim Komisaris Sebagai Pengganti Praperadilan" (Jakarta: University of Indonesia,

2012), p. 10-11 46 Shmoop Editorial Team, Op.cit.

38

9. Ex Post Facto Law

SL: 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.

TL: Tidak ada Negara akan masuk ke dalam setiap Perjanjian, Alliance, atau

Konfederasi; memberikan Surat Marque dan Pembalasan; koin uang;

memancarkan Bills of Credit; membuat Hal tetapi emas dan perak koin

Tender di Pembayaran Utang; lulus Bill of attainder, ex post facto Hukum,

atau Hukum merusak Kewajiban Kontrak, atau memberikan Judul Nobility.

An ex post facto law is a law that retroactively criminalizes a certain act

after it has already been committed. In other words, it would allow a person to be

prosecuted for doing something that wasn't actually illegal yet at the time they did

it. The framers of the Constitution viewed ex post facto laws, like bills of

attainder, as blatant abuses of power and banned them47 and has the different legal

term in Indonesia, in Indonesia ex post facto law is known as "Hukum Yang

Berlaku Surut48 (Retroaktif)" - retroactive. It can be seen from KBBI "Retroaktif

/re·tro·ak·tif/ /rétroaktif/ a Huk bersifat berlaku surut terhitung tanggal

diundangkannya"49 and from The 1945 Constitution of the Republic of Indonesia

47 Shmoop Editorial Team, Op.cit. 48 Hukum Online .com, Ex Post Facto Law dalam Kisruh Putusan MA tentang Tatib DPD

(http://www.hukumonline.com/berita/baca/lt58eaf1712537f/iex-post-facto-law-i-dalam-kisruh-

putusan-ma-tentang-tatib-dpd Accessed on April 10, 2017) 49 Retroaktif, n. KBBI, http://kbbi.web.id/retroaktif

39

Article 28I (1) “Hak untuk hidup, hak untuk tidak disiksa, hak kemerdekaan

pikiran dan hati nurani, hak beragama, hak untuk tidak diperbudak, hak untuk

diakui sebagai pribadi di hadapan hukum, dan hak untuk tidak dituntut atas dasar

hukum yang berlaku surut, adalah hak asasi manusia yang tidak dapat dikurangi

dalam keadaan apapun”50- The rights to life, freedom from torture, freedom of

thought and conscience, freedom of religion, freedom from enslavement,

recognition as a person before the law, and the right not to be tried under a law

with retrospective effect are all human rights that cannot be limited under any

circumstances.51 So an ex post facto law can be translated as "Retroaktif or

Hukum Yang Berlaku Surut".

10. Capitation

SL: No Capitation, or other direct, Tax shall be laid, unless in Proportion to the

Census or Enumeration herein before directed to be taken.

TL: Tidak ada Kapitasi, atau langsung lainnya, Pajak harus diletakkan, kecuali di

Proporsi untuk Sensus atau pencacahan di sini sebelum diarahkan untuk

diambil.

Capitation here is translated into "Kapitasi" by Google translate. If

"Kapitasi" is searched in KBBI then the result is nothing, there is no "Kapitasi" in

KBBI. On the contrary, "Kapitasi" is found in the health dictionary. Kapitasi

adalah sebuah metode pembayaran untuk pelayanan kesehatan di mana penyedia

layanan dibayar dalam jumlah tetap per pasien tanpa memperhatikan jumlah

50 Undang-Undang Dasar Negara Republik Indonesia Tahun 194,Op.cit., p.28. 51 The 1945 Constitution of the Republic of Indonesia, http://www.ilo.org/wcmsp5/groups/public/--

-ed_protect/---protrav/---ilo_aids/documents/legaldocument/wcms_174556.pdf

40

atau sifat layanan yang sebenarnya diberikan.52 - "Kapitasi" is a method of

payment for health services in which the service provider is paid a fixed amount

per patient regardless of the amount or the service provided. Meanwhile the

intended meaning of "Capitation" in the sentence above is a capitation tax or a

"head tax," one charged to each individual in the population. This clause required

Congress to levy any taxes on the basis of a state's population, not on the basis of

individual income or any other standard53. So the translation of "Capitation"

above is not appropriate because it has a different meaning. If it is seen from the

context then the best translation of "Capitation" is "Pajak perseorangan yang

sama".

11. District

SL: The District constituting the seat of Government of the United States shall

appoint in such manner as Congress may direct:

TL: Kabupaten yang merupakan kursi dari Pemerintah Amerika Serikat harus

menunjuk dengan cara seperti Kongres mungkin langsung:

In the data above, it's seen that Google translate translates "District" into

"Kabupaten". District is an area of a country or city, especially one characterized

by a particular feature or activity54. This meaning is similar to the "Distrik" in

Indonesia, "Distrik" is n 1 bagian kota atau negara yang dibagi untuk tujuan

tertentu; wilayah: -- militer; -- pemilihan; 2 daerah bagian dari kabupaten yang

52 Kapitasi. Kamus Kesehatan. http://kamuskesehatan.com/arti/kapitasi/ 53 Shmoop Editorial Team, "Article 1, Section 9," Shmoop University, Inc., Last modified

November 11, 2008, http://www.shmoop.com/constitution/article-1-section-9.html. 54 District, n. English Oxford Living Dictionaries,

https://en.oxforddictionaries.com/definition/us/district

41

pemerintahannya dipimpin oleh pembantu bupati (sebelum tahun 1970);

kewedanaan55. "Distrik" in Indonesia is only in the provinces of Papua and West-

Papua other than that it's called "Kecamatan". "Kecamatan" has the same meaning

with "Distrik", "Kecamatan" is n 1 daerah bagian kabupaten (kota) yang

membawahkan beberapa kelurahan, dikepalai oleh seorang camat; 2 bagian

pemerintahan daerah yang dikepalai seorang camat; 3 kantor camat56. While

Google translate translates "District" into "Kabupaten". "Kabupaten" is n 1 daerah

swatantra tingkat II yang dikepalai oleh bupati, setingkat dengan kota madya,

merupakan bagian langsung dari provinsi yang terdiri atas beberapa

kecamatan; 2 kantor tempat kerja bupati; 3 rumah tempat tinggal bupati57, the

meaning of "Kabupaten" doesn't appropriate with the meaning of District. It is

also can be seen from the subdivisions of Indonesia, "Kabupaten" is known as

"Regencies". Then the more appropriate translation of "District" is "Kecamatan"

or "Distrik".

12. Poll Tax

SL: 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 poll

tax or other tax.

55 Distrik, n. KBBI, http://kbbi.web.id/distrik 56 Kecamatan, n. KBBI, http://kbbi.web.id/kecamatan 57 Kabupaten n. KBBI, http://kbbi.web.id/kabupaten

42

TL: Hak warga negara Amerika Serikat untuk memilih dalam setiap pemilu

primer atau lainnya untuk Presiden atau Wakil Presiden untuk pemilih untuk

Presiden atau Wakil Presiden, atau untuk Senator atau perwakilan di

Kongres, tidak akan ditolak atau diringkas oleh Amerika Serikat atau negara

manapun dengan alasan kegagalan untuk membayar pajak jajak pendapat

atau pajak lainnya.

Poll tax was one measure used by Jim Crow-era southern states to deny the

right to vote to blacks, a special fee charged for the right to vote. The Twenty-

fourth Amendment, passed at the height of the civil rights movement, banned all

such poll taxes58. Poll tax is a tax of a fixed amount per person and payable as a

requirement for the right to vote59 and it makes people who can't pay the tax can't

vote. The sentence above shows that "Poll tax" is translated into "Pajak jajak

pendapat" by Google translate. In Indonesia "Jajak pendapat" is Referendum:

Disebut juga jajak pendapat, yakni pemungutan suara untuk mengambil sebuah

keputusan (politik).60 - A survey or voting to take a decision in politic. So "Pajak

jajak pendapat" is a tax of a political survey. The meaning of "Poll tax" and

"Pajak jajak pendapat" is different. If it is seen from the meaning, it is more

appropriate if "Poll tax" is translated into "Pajak Pemungutan Suara".

58 Shmoop Editorial Team, "24th Amendment," Shmoop University, Inc., Last modified November

11, 2008, http://www.shmoop.com/constitution/24th-amendment.html. 59 Poll tax, n. American Heritage® Dictionary of the English Language, Fifth Edition. 2011. 60 Matamassa. Daftar Istilah. http://www.matamassa.org/page/index/2, accessed on 2015

43

C. Research Finding

From the data above, the researcher finds that the way Google translate

translates is based on a "majority", that is means Google translate based on many

search results to the entries word in its database. This can be seen from the

availability of a suggest an edit system so that we can suggest the best translation

to Google translate and make it become the entries word in its database. Google

Translate also will repeat the word that Google translate translates if Google

translate fails to translate the word as has been analyzed before when analyzing

the word Speaker, Letters Of Marque, Writ of Habeas Corpus, Bill Of Attainder,

and Ex Post Facto Law. In addition, Google translate uses a loan word strategy

when Google translate fails to translate the word as has been analyzed before

when analyzing the word Senate into Senat and Capitation into Kapitasi. It is can't

be known whether this can be called a failure or not because of what has been

described before that Google translate based on many search results to the entries

word in its database. And keep in mind that Google translate will produce

different translations when translating a single word with translates a sentence, a

paragraph, or even an entire text or book. However, Google translate is only

machine that has an advantages and a lot of weaknesses that needs to improve.

44

CHAPTER IV

CONCLUSION AND SUGGESTION

A. Conclusions

Based on the data analysis in the previews chapter, it can be concluded that

the Google translate can't be entirely trusted to translate legal terminology because

Google translate can't detect the differences of legal system which different in

each country. It makes the translation have different meaning from the source

language and have an impact on translation quality. This is the main weakness of

Google translate. Google translate also can't translate the legal terminology

because of engine limitations to recognize the context of a reading text. Other

aspects that can't be translated by Google translate are grammatical aspects,

communicative aspects, linguistic aspects, in inappropriate diction, modulation,

transposition, and semantic aspects, cultural elements, pragmatic meanings,

referential meanings such as examples contained in data which has been analyzed.

Besides the disadvantages, of course Google translate has the advantages.

The advantages of Google translate are Google translate can be used to translate

text faster, even in seconds. If you find a foreign language text, Google translate

can translate one or more pages of text with a seconds. However, the speed is very

dependent on the speed of internet access, if the internet access is slow it will

affect the speed of translating but the main advantages of Google translate is you

can access it for free and Google translate offers convenience for every user. You

do not need to have a Google account to access this online translation facility.

You just access the website and enter the source text to translate.

45

Google translate provides translation services for dozens of languages. This

translation engine database is very complete. You can translate the document from

any source language to the target language you want. Even this software is also

equipped with auto-detect language. When you enter a certain word, Google

translate is able to recognize what language of the word and if you are wrong

while typing - typo, Google translate will display auto-suggestion to justify the

writing you type, Google translate also has a suggest an edit system so that we can

suggest the best translation to Google translate for subsequent translation

improvements, hence Google translate not only have one translation results when

translating a word but will appear other alternative translation, There are some

who consider it as an advantage but there are also who think of it as a

disadvantages because it can be confusing.

B. Suggestions

Google translate is really a good machine to help human in translating, but it

can't be trusted fully because it is only a machine. If a free service Google

Translate used to translate important documents such as legal document, this

action will be very risky. The results of the translation are not guaranteed the

accuracy, acceptance, or legibility. No matter how good this machine translates, it

still needs to be re-revised by professional translators (human) especially in

translating legal terms that have many different meanings in each country.

46

BIBLIOGRAPHY

Book

Aghagolzadeh,Ferdows and Farazandeh-pour, Faezeh.2012 "The Analysis of

English-Persian Legal Translations Based on Systemic Functional

Grammar Approach (SFG)", Tarbiat Modares University. Tehran. Iran.

Cao, Deborah 2013, Legal Translation, Griffith University, The Encyclopedia of

Applied Linguistics, Edited by Carol A. Chapelle. © 2013 Blackwell

Publishing Ltd. Published 2013 by Blackwell Publishing Ltd. DOI:

10.1002/9781405198431.wbeal0679.

Corder, S.P. 1967. The Significance of Learner's Errors IRAL: International

Review of Applied Linguistics in Language Teaching.

Ghasemi1, Hadis & Mahmood Hashemian, “A Comparative Study of Google

Translate Translations: An ErrorAnalysis of English-to-Persian and

Persian-to-English Translations”, Department of Foreign Languages,

Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran.

Haiying Li, Arthur C. Graesser and Zhiqiang Cai, “Comparison of Google

Translation with Human Translation”, University of Memphis, Institute for

Intelligent Systems, Memphis, USA.

Hutchins, J., Hartmann, W. & Ito, E. (2005). Compendium of Translation

Software. Retrieved from

http://ourworld.compuserve.com/homepages/WJHutchins/Compendium-

11.pdf.

Hutchins, W.J. & Somers, H.L. (1992) An introduction to machine translation.

London: Academic Press, Chapter 4, Basic Strategies.

Koponen, Maarit. 2010. "Assessing Machine Translation Quality with Error

Analysis", University of Helsinki, Department of Modern Languages.

Korošec, Melita Koletnik. “Applicability and Challenges of Using Machine

Translation in Translator Training”. University of Maribor. Slovenia.

Lawson, Veronica. “The Background to Practical Machine Translation”,

Computers and Translation, Vol. 1, No. 2 (Apr., 1986), pp. 109-112,

Springer, http://www.jstor.org/stable/25469867, Accessed: 02-05-2016

05:48 UTC.

Meliala. Nefa Claudia, Law Dissertation: "Upaya Pembaharuan Hukum Acara

Pidana Nasional Melalui Hakim Komisaris Sebagai Pengganti

Praperadilan" Jakarta: University of Indonesia

47

Molina, Lucía and Amparo hurtado albir, 2002, "Translation Techniques

Revisited: A Dynamic and Functionalist Approach", Universitat Autònoma

de Barcelona, Barcelona, Spain.

Searle, J. R. 1969. Speech Act: An Essay on the Philosophy of Language. New

York: Cambridge University Press.

Seljan, Sanja & Tomislav Vicic, Marija Brkic, “BLEU Evaluation of Machine-

Translated English-Croatian Legislation”,University of Zagreb, Faculty of

Humanities and Social Sciences, Department of Information and

CommunicationSciences, IvanaLucica 3, 10000 Zagreb, Croatia.

Shen, E. 2010. Comparison of Online Machine Translation Tools. Retrieved from

http://web.archive.org/web/20110210034229/http://tcworld.info/index.php?i

d=175.

Stolze, Radegundis. 2009. "Dealing with cultural elements in LSP texts for

translation". JosTrans, the Journal of specialized Translation.

Weisflog, W. E, 1987, "Problems of legal translation. Proceedings of the XIIth

International Congress of Comparative Law", Zürich, Switzerland.

Dictionary Source

Chief Justice, n. American Heritage® Dictionary of the English Language, Fifth

Edition. 2011.

District, n. English Oxford Living Dictionaries,

https://en.oxforddictionaries.com/definition/us/district

Distrik, n. KBBI, http://kbbi.web.id/distrik

Habeas Corpus, n. English Oxford Living Dictionaries,

https://en.oxforddictionaries.com/definition/habeas_corpus

Impeachment, n. English Oxford Living Dictionaries,

https://en.oxforddictionaries.com/definition/impeachment

Kapitasi. Kamus Kesehatan. http://kamuskesehatan.com/arti/kapitasi/

Kabupaten n. KBBI, http://kbbi.web.id/kabupaten

Kecamatan, n. KBBI, http://kbbi.web.id/kecamatan

48

Letter of Marque, n. English Oxford Living Dictionaries,

https://en.oxforddictionaries.com/definition/us/letter_of_marque

Pembicara, n. KBBI, http://kbbi.web.id/pembicara

Pendakwaan, n. KBBI, http://kbbi.web.id/pendakwaan

Poll tax, n. American Heritage® Dictionary of the English Language, Fifth

Edition. 2011.

President Pro Tempore, n. English Oxford Living Dictionaries

https://en.oxforddictionaries.com/definition/president_pro_tempore

Retroaktif, n. KBBI, http://kbbi.web.id/retroaktif

Senat, n. KBBI, http://kbbi.web.id/senat

Senate, n. English Oxford Living

Dictionaries.https://en.oxforddictionaries.com/definition/senate

49

APPENDIX

PDF generated: 18 Apr 2016, 15:27

constituteproject.org

United States of America's

Constitution of 1789 with

Amendments through 1992

This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org.

constituteproject.org PDF generated: 18 Apr 2016, 15:27

Table of contents

Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Article I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Article II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Article III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Article IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Section 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Article V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Article VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Article VII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Amendment I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Amendment II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Amendment III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Amendment IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Amendment V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Amendment VI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Amendment VII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

United States of America 1789 (rev. 1992) Page 2

constituteproject.org PDF generated: 18 Apr 2016, 15:27

Amendment VIII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Amendment IX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Amendment X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Amendment XI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Amendment XII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Amendment XIII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Amendment XIV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Section 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Amendment XV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Amendment XVI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Amendment XVII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Amendment XVIII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Section 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Amendment XIX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Amendment XX . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Section 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Amendment XXI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Amendment XXII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

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Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Amendment XXIII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Amendment XXIV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Amendment XXV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Section 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Section 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Amendment XXVI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Section 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Section 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Amendment XXVII . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

United States of America 1789 (rev. 1992) Page 4

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• Source of constitutional authority

• Motives for writing constitution

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Preamble

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.

• Structure of legislative chamber(s)

• First chamber selection

• Term length for first chamber

• Minimum age for first chamber

• Eligibility for first chamber

• Census

• Replacement of legislators

• Head of state removal

• Leader of first chamber

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 choose

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 choose 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

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• Minimum age for second chamber

• Eligibility for second chamber

• Deputy executive

• Leader of second chamber • Head of state removal • Head of state removal

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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 choose 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.

• Attendance by legislators

• Quorum for legislative sessions

• Removal of individual legislators

• Publication of deliberations

• Secrecy of legislative vote

• • Immunity of legislators

• Compensation of legislators

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 choosing 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.

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• 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 increased during such time; and no Person

holding any Office under the United States, shall be a Member of either House during his

Continuance in Office.

• Finance bills

• First chamber reserved policy areas

• Tax bills

• Division of labor between chambers

• Finance bills

• Approval of general legislation

• Veto override procedure

• Tax bills

• Rights of debtors

• Requirements for naturalization

• Reference to art

• Provisions for intellectual property

• Reference to science

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;

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• Customary international law

• Power to declare/approve war

• • Initiation of

general legislation

• Subsidiary unit government

• Protection from unjustified restraint

• Protection from ex post facto laws

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.

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Section 10

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• Subsidiary unit government • Deputy executive

• Name/structure of executive(s)

• Head of state term length

• Head of state selection

• Head of state selection

• Head of state selection

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 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

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 choose 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 choose the President. But in choosing 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 choose from

them by Ballot the Vice-President.

The Congress may determine the Time of choosing 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

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• Deputy executive

• Minimum age of head of state

• Eligibility for head of state

• Head of state removal

• Head of state replacement

• Oaths to abide by constitution

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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

• Designation of commander in chief

• Power to pardon • Establishment of cabinet/ministers

• Cabinet selection

• Supreme court selection

• Treaty ratification

• Extraordinary legislative sessions

• Foreign affairs representative

• Head of state powers

• Legislative oversight of the executive

• Joint meetings of legislative chambers

• Head of state removal

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 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.

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.

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• Supreme court term length

• Protection of judges' salaries

• Structure of the courts

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.

• Right to appeal judicial decisions

• Jury trials required

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.

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Section 2

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• Accession of territory

• Colonies

• Subsidiary unit government

• Type of government envisioned

• Constitution amendment procedure

• Unamendable provisions

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

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• Duty to obey the constitution

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• Oaths to abide by constitution

• Official religion

• Separation of church and state

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.

• Freedom of assembly

• Freedom of expression

• Freedom of religion

• Official religion

• Right of petition

• Freedom of press

• Separation of church and state

• Right to bear arms

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,

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, 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.

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.

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.

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Amendment III

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• Regulation of evidence collection

• Inalienable rights

• Prohibition of double jeopardy

• Guarantee of due process

• Protection from expropriation

• Jury trials required

• Protection from self-incrimination

• Right to own property

• Principle of no punishment without law

• Right to counsel

• Right to examine evidence/ witnesses

• Right to fair trial

• Protection from unjustified restraint

• Jury trials required

• Right to public trial

• Right to speedy trial

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.

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.

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.

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.

• Prohibition of cruel treatment

• Right to pre-trial release

• Subsidiary unit government

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.

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.

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.

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Amendment XI

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• Deputy executive

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.

Amendment XII

• Prohibition of slavery

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.

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.

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• Requirements for birthright citizenship

• General guarantee of equality

• Right to life

• Requirements for naturalization

• Restrictions on voting

Amendment XIV

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

• Eligibility for supreme court judges

• Eligibility for first chamber

• Eligibility for second chamber

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.

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• Restrictions on voting

• Claim of universal suffrage

• General guarantee of equality

• Equality regardless of skin color

• Equality regardless of race

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Amendment XV

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.

• Replacement of legislators

• Second chamber selection

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

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.

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.

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• Equality regardless of gender

• Restrictions on voting

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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.

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• Head of state term limits

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.

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

Section 1

The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:

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• Restrictions on voting

• Head of state replacement

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.

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.

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.

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Section 4

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• Head of state removal

• Restrictions on voting

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.

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.

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Topic index

A

Accession of territory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Approval of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Attendance by legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

C

Cabinet selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Census . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Claim of universal suffrage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Colonies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Compensation of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Constitution amendment procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Customary international law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

D

Deputy executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6, 9, 10, 15 Designation of commander in chief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division of labor between chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Duty to obey the constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

E

Eligibility for cabinet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Eligibility for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 16 Eligibility for head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Eligibility for second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6, 16 Eligibility for supreme court judges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Equality regardless of gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Equality regardless of race . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Equality regardless of skin color . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Establishment of cabinet/ministers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Extraordinary legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

F

Finance bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 First chamber reserved policy areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 First chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Foreign affairs representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Freedom of assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Freedom of expression . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Freedom of press . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Freedom of religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

G

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General guarantee of equality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 17

Guarantee of due process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

H

Head of state powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Head of state removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 6, 10, 21

Head of state replacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 20

Head of state selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Head of state term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Head of state term limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

I

Immunity of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Inalienable rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Initiation of general legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

J

Joint meetings of legislative chambers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Jury trials required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11, 14

L

Leader of first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Leader of second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Legislative oversight of the executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

M

Minimum age for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Minimum age for second chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Minimum age of head of state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Motives for writing constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

N

Name/structure of executive(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

O

Oaths to abide by constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10, 13

Official religion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Outside professions of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

P

Power to declare/approve war . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Power to pardon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Principle of no punishment without law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Prohibition of cruel treatment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Prohibition of double jeopardy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

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Prohibition of slavery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Protection from ex post facto laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Protection from expropriation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Protection from self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Protection from unjustified restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 14

Protection of judges' salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Provisions for intellectual property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Publication of deliberations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Q

Quorum for legislative sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

R

Reference to art . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Reference to science . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Regulation of evidence collection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Removal of individual legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Replacement of legislators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 17

Requirements for birthright citizenship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Requirements for naturalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 16

Restrictions on voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16, 17, 18, 20, 21

Right of petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Right to appeal judicial decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Right to bear arms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Right to counsel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Right to examine evidence/ witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Right to fair trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Right to life . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Right to own property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Right to pre-trial release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Right to public trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Right to speedy trial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Rights of debtors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

S

Second chamber selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Secrecy of legislative votes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Separation of church and state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Source of constitutional authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Structure of legislative chamber(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Structure of the courts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Subsidiary unit government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8, 9, 12, 14

Supreme court selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Supreme court term length . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

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T

Tax bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Term length for first chamber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Treaty ratification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Type of government envisioned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

U

Unamendable provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

V

Veto override procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

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