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
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.
vii
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
7
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
11
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.
12
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
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Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran.
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Translation with Human Translation”, University of Memphis, Institute for
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Molina, Lucía and Amparo hurtado albir, 2002, "Translation Techniques
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CommunicationSciences, IvanaLucica 3, 10000 Zagreb, Croatia.
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d=175.
Stolze, Radegundis. 2009. "Dealing with cultural elements in LSP texts for
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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
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
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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
United States of America 1789 (rev. 1992) Page 3
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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.
United States of America 1789 (rev. 1992) Page 6
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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;
United States of America 1789 (rev. 1992) Page 7
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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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• 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
United States of America 1789 (rev. 1992) Page 9
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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.
United States of America 1789 (rev. 1992) Page 10
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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
United States of America 1789 (rev. 1992) Page 12
• 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.
United States of America 1789 (rev. 1992) Page 15
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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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