Difference between revisions of "Legislative Department, Vermont Constitution"

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| '''Text of Section 6:'''
| '''Text of Section 6:'''
The Legislative, Executive, and Judiciary departments, shall be separate and distinct, so that neither exercise the powers properly belonging to the other.<ref name="vt">[https://www.sec.state.vt.us/archives-records/state-archives/government-history/vermont-constitutions/1793-constitution.aspx ''Vermont Archives.org'', "Constitution of Vermont," accessed March 30, 2014]</ref>
The Legislative, Executive, and Judiciary departments, shall be separate and distinct, so that neither exercise the powers properly belonging to the other.<ref name="vt">[http://www.leg.state.vt.us/statutes/const2.htm ''Vermont State Legislature'', "Constitution of Vermont," accessed March 30, 2014]</ref>
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==External links==
==External links==
{{submit a link}}
{{submit a link}}
* [https://www.sec.state.vt.us/archives-records/state-archives/government-history/vermont-constitutions/1793-constitution.aspx ''Vermont Archives.org'', "Constitution of Vermont"]
* [http://www.leg.state.vt.us/statutes/const2.htm ''Vermont State Legislature'', "Constitution of Vermont"]
* [http://vermont-archives.org/govhistory/constitut/con77.htm ''Vermont Archives.org'', "Vermont Republic Constitution, 1777"]
* [http://vermont-archives.org/govhistory/constitut/con77.htm ''Vermont Archives.org'', "Vermont Republic Constitution, 1777"]
* [http://vermont-archives.org/govhistory/constitut/con86.htm ''Vermont Archives.org'', "1786 Constitution"]
* [http://vermont-archives.org/govhistory/constitut/con86.htm ''Vermont Archives.org'', "1786 Constitution"]

Revision as of 12:49, 11 April 2014

Vermont Constitution
Seal of Vermont.png
Chapter I
Chapter II
Voter Qualifications
The Legislative Department part of the Vermont Constitution contains 17 sections.

Section 6

Text of Section 6:

The Legislative, Executive, and Judiciary departments, shall be separate and distinct, so that neither exercise the powers properly belonging to the other.[1]

Section 7

Text of Section 7:

In order that the freemen of this State might enjoy the benefit of election as equally as may be, each town within this State, that consists, or may consist of eighty taxable inhabitants, within one septenary or seven years next after the establishing this Constitution, may hold elections therein, and choose each two Representatives; and each other inhabited town in this State, may, in like manner, choose each one Representative, to represent them in the General Assembly, during the said septenary, or seven years, and after that, each inhabited town may, in like manner hold such election, and choose each one representative, forever thereafter.[1]

Section 8

Text of Section 8:

The House of Representatives of the freeman of this State, shall consist of persons most noted for wisdom and virtue, to be chosen by ballot, by the freemen of every town in this State, respectively, on the first Tuesday of September annually, forever.[1]

Section 9

Text of Section 9:

The Representatives so chosen (a majority of whom shall constitute a quorum for transacting any other business than raising a State tax, for which two thirds of the members elected shall be present) shall meet on the second Thursday of the succeeding October, and shall be stiled The General Assembly of the State of Vermont: they shall have power to choose their Speaker, Secretary of the State, their Clerk, and other necessary officers of the House—sit on their own adjournment—prepare bills and enact them into laws—judge of the elections and qualifications of their own members: they may expel members but not for causes known to their constituents antecedent to their election: they may administer oaths or affirmations in matters depending before them—redress grievances—impeach state criminals—grant charters of incorporation—constitute towns, boroughs, cities and counties: they may annually, on their first session after their election, in conjunction with the Council (or oftener if need be) elect Judges of the Supreme and several County and Probate Courts, Sheriffs and Justices of the peace; and also, with the Council, may elect Major-Generals and Brigadier-Generals, from time to time, as often as there shall be occasion: and they shall have all other powers necessary for the Legislature of a free and sovereign State: but they shall have no power to add to, alter, abolish, or infringe any part of this Constitution.[1]

Section 10

Text of Section 10:

The Supreme Executive Council of this State, shall consist of a Governor, Lieutenant Governor, and twelve persons, chosen in the following manner, viz. The freemen of each town shall, on the day of election for choosing Representatives to attend the General Assembly, bring in their votes for Governor, with his name fairly written, to the Constable, who shall seal them up, and write on them, Votes for the Governor, and deliver them to the Representative chosen to attend the General Assembly; and at the opening of the General Assembly, there shall be a committee appointed out of the Council and Assembly, who, after being duly sworn to the faithful discharge of their trust, shall proceed to receive, sort, and count the votes for the Governor, and declare the person who has the major part of the votes, to be Governor for the year ensuing. And if there be no choice made, then the Council and General Assembly, by their joint ballot, shall make choice of a Governor. The Lieutenant Governor and Treasurer shall be chosen in the manner above directed. And each freeman shall give in twelve votes for twelve Councillors, in the same manner, and the twelve highest in nomination shall serve for the ensuing year as Councillors.[1]

Section 11

Text of Section 11:

The Governor, and in his absence the Lieutenant Governor, with the Council, (a major part of whom, including the Governor or Lieutenant Governor, shall be a quorum to transact business) shall have power to commission[ate] all Officers—and also to appoint Officers, except where provision is, or shall be otherwise made, by law, or this Frame of Government—and shall supply every vacancy in any office, occasioned by death or otherwise, until the office can be filled in the manner directed by law or this Constitution. They are to correspond with other states—transact business with officers of government civil and military—and to prepare such business as may appear to them necessary, to lay before the General Assembly. They shall sit as Judges to hear and determine on impeachments, taking to their assistance, for advice only, the Judges of the Supreme Court. And shall have power to grant pardons and remit fines, in all cases whatsoever, except in treason and murder; in which they shall have power to grant reprieves, but not to pardon, until after the end of the next session of Assembly; and except in cases of impeachment, in which there shall be no remission, or mitigation of punishment, but by act of legislation. They are also to take care that the laws be faithfully executed. They are to expedite the execution of such measures as may be resolved upon by the General Assembly. And they may draw upon the Treasury for such sums as may be appropriated by the House of Representatives. They may also lay embargoes, or prohibit the exportation of any commodity, for any time not exceeding thirty days, in the recess of the House only. They may grant such licenses as shall be directed by law; and shall have power to call together the General Assembly, when necessary, before the day to which they shall stand adjourned. The Governor shall be Captain-General and Commander in Chief of the forces of the State, but shall not command in person, except advised thereto by the Council, and then only so long as they shall approve thereof. And the Lieutenant Governor shall, by virtue of his office, be Lieutenant General of all the forces of the State. The Governor, or Lieutenant Governor, and the Council, shall meet at the time and place with the General Assembly: the Lieutenant Governor shall, during the presence of the Commander in Chief, vote and act as one of the Council: and the Governor, and in his absence the Lieutenant Governor, shall, by virtue of their offices, preside in Council, and have a casting but no other vote. Every Member of the Council shall be a Justice of the peace for the whole State, by virtue of his office. The Governor and Council shall have a Secretary, and keep fair books of their proceedings, wherein any councillor may enter his dissent, with his reasons to support it; and the Governor may appoint a Secretary for himself and his Council.[1]

Section 12

Text of Section 12:

The Representatives having met, and chosen their Speaker and Clerk, shall each of them, before they proceed to business, take and subscribe, as well the oath or affirmation of allegiance herein after directed (except where they shall produce certificates of their having heretofore taken and subscribed the same) as the following oath or affirmation, viz.

You do solemnly swear (or affirm) that as a Member of this Assembly, you will not propose, or assent to any bill, vote or resolution, which shall appear to you injurious to the people, nor do or consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and priviledges, as declared by the Constitution of this State; but will, in all things, conduct yourself as a faithful, honest Representative and guardian of the people, according to the best of your judgment and abilities. (In case of an oath) So help you God. (And in case of an affirmation) under the pains and penalties of perjury.[1]

Section 13

Text of Section 13:

The doors of the House in which the General Assembly of this Commonwealth shall sit, shall be open for the admission of all persons who behave decently, except only when the welfare of the State may require them to be shut.[1]

Section 14

Text of Section 14:

The votes and proceedings of the General Assembly shall be printed (when one third of the Members think it necessary) as soon as convenient after the end of each session, with the yeas and nays on any question, when required by any Member; (except where the votes shall be taken by ballot) in which case, every Member shall have a right to insert the reasons of his vote upon the minutes.[1]

Section 15

Text of Section 15:

The stile of the laws of this State in future to be passed, shall be, It is hereby enacted by the General Assembly of the State of Vermont.[1]

Section 16

Text of Section 16:

To the end that laws, before they are enacted, may be more maturely considered, and the inconvenience of hasty determinations as much as possible prevented, all bills which originate in the Assembly, shall be laid before the Governor and Council for their revision and concurrence, or proposals of amendment; who shall return the same to the Assembly, with their proposals of amendment, if any, in writing; and if the same are not agreed to by the Assembly, it shall be in the power of the Governor and Council to suspend the passing of such bills until the next session of the Legislature. Provided, that if the Governor and Council shall neglect or refuse to return any such bill to the Assembly, with written proposals of amendment, within five days, or before the rising of the Legislature, the same shall become a law.[1]

Section 17

Text of Section 17:

No money shall be drawn out of the Treasury, unless first appropriated by act of Legislation.[1]

Section 18

Text of Section 18:

No person shall be elected a Representative, until he has resided two years in this State: the last of which shall be in the town for which he is elected.[1]

Section 19

Text of Section 19:

No member of the Council or House of Representatives, shall, directly or indirectly, receive any fee or reward, to bring forward, or advocate any bill, petition, or other business, to be transacted in the Legislature; or advocate any cause, as Council, in either House of Legislation, except when employed in behalf of the State.[1]

Section 20

Text of Section 20:

No person ought in any case, or in any time, to be declared guilty of treason or felony, by the Legislature.[1]

Section 21

Text of Section 21:

Every man of the full age of twenty one years, having resided in this State for the space of one whole year next before the election of Representatives, and is of a quiet and peaceable behaviour, and will take the following oath or affirmation, shall be entitled to all the privileges of a freeman of this State.

"You solemnly swear (or affirm) that whenever you give your vote or suffrage, touching any matter that concerns the State of Vermont, you will do it so as in your conscience you shall judge will most conduce to the best good of the same, as established by the constitution, without fear or favour of any man."[1]

Section 22

Text of Section 22:

The inhabitants of this State shall be trained and armed for its defence, under such regulations, restrictions, and exceptions, as Congress, agreeably to the Constitution of the United States, and the Legislature of this State, shall direct. The several companies of Militia shall, as often as vacancies happen, elect their Captain and other Officers, and the Captain and Subalterns shall nominate and recommend the field officers of their respective regiments, who shall appoint their staff Officers.[1]

See also

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