SOCIAL WORK 568-Social Work Practice III
Dr. Jacque E. Gibbons, MSW,
LSCSW, PH.D.
Waters 16 532-4976 (jacqueg@ksu.edu)
Office hours: MTWU 9:30 to 11:00 and by appointment
COURSE DESCRIPTION IN THE CONTEXT OF PROGRAM
THEMES
This course is about becoming
empowered to help client systems take control of their relationships with
macro-systems [organizations and communities].
As such, the course is based on the idea that people have the capacity
to change their environments for the better.
This is otherwise known as the “strengths perspective.” The course relies on the ecological systems
perspective to guide our understanding of how macro-systems interact with one
another and with individuals. There is a
strong emphasis on social justice and social change as important values that
guide macro-practice. Finally, the
course continually examines the role of diversity in the life of organizations
and communities, and it emphasizes the importance of a positive orientation to
diversity.
SOCIAL WORK CURRICULUM SEQUENCE AND
PREREQUISITES
This
course is part of the practice sequence.
It is taken after Social Work Practice I (SOCWK 560) and concurrently
with Social Work Practice II (SOCWK 561).
The course builds macro-practice knowledge and skills onto the micro-practice
foundation laid in Practice I.
The
prerequisites for this course are Social Work Practice I (SOCWK 560) and HBSE
II (SOCWK 525). In addition, students
must have senior standing in the social work major and have the requisite
overall and major GPA. This course is
taken immediately before entering the field practicum semester.
Social Work Practice I is the introduction to
basic helping skills and techniques common to social work practice. This course uses the social systems
perspective to guide the development of the problem solving methodology with
special attention to information gathering, assessment, and problem
identification.
Human Behavior and the
Social Environment II focuses on the interaction between people and large systems (organizations
and communities). The course relies on
the systems perspective to provide an analytical framework for understanding
macro systems. The course provides basic
knowledge about the structure and function of large systems and their impact on
people. Particular attention is given to
institutional racism and other forms of institutional discrimination, and to
the importance of recognizing the effects of, and need for responsiveness to
racial, ethnic, and other forms of community diversity.
This
course also draws on liberal arts foundation content from sociology,
psychology, political science, and philosophy.
It also relies on the macro-system concepts taught in HBSE II.
SOCIAL
WORK PROGRAM OBJECTIVES
Program
objectives refer to the knowledge, values, and skills that students should have
when they graduate from the Social Work Program. The objectives that are specifically
addressed in the Practice III class are the following:
- Apply critical thinking
skills within the context of professional social work practice.
- Practice within the
values and ethics of the social work profession.
- Practice with an
understanding of and respect for the positive value of diversity.
- Demonstrate a
professional use of self.
- Understand the forms and
mechanisms of oppression and discrimination.
- Understand the
[macro-practice] strategies of change that advance social and economic
justice.
- Understand the
[macro-practice] history of the social work profession and its current
structures and issues.
- Apply the knowledge and
skills of generalist social work to practice with [macro] systems….
- Use theoretical
frameworks to understand the interactions among individuals and between
individuals and [macro] social systems.
- Analyze the impact of
social policies on client systems, workers, and agencies.
- Evaluate, under
supervision, your own [macro] practice interventions and those of relevant
systems.
- Use communication skills
differentially with a variety of client populations, colleagues, and
members of the community.
- Use supervision appropriate
to generalist practice.
- Operate within the
structure of organizations and service delivery systems, and under
supervision, seek necessary organizational change.
COURSE OUTCOMES
Students in Practice III will:
- Demonstrate a basic
orientation to macro-level social work practice.
- Demonstrate knowledge about the role of macro-practice in the
social work frame of reference.
- Demonstrate basic knowledge and skills to engage in
macro-practice.
- Demonstrate basic knowledge about the strategies and techniques
for engaging in organizational and community change processes, including
the need for sensitivity to community diversity issues in intervention
activities.
- Analyze the Civil Rights Movement in the U.S. as an example of
macro-practice strategies and techniques.
- Demonstrate knowledge and use of the negotiation/mediation process
as a basic skill component for engaging in organizational and community
practice.
- Demonstrate knowledge of the effects of, and raise sensitivity to,
institutional racism, sexism, and other forms of discrimination as
particular problems of interest for macro-practice.
- Demonstrate an understanding of the uses of evaluation research in
macro-practice.
Students will further demonstrate an understanding
of “cultural competence” as characterized in the following principles.
Seven Principles for the
Culturally Competent Social Worker1
- I accept the fact I
have much to learn about others.
- I have an appreciation
of the regional and geographic factors related to people of color and
contrasting cultures, how the individual may vary from the generalizations
about their regional and geographic group, and how regional groups vary
from the total cultural group.
- I follow the standard
that knowledge is obtained from the person in the situation and add to my
learning about the situation from that person before generalizing about
the group-specific person.
- I have the capacity to
form relationships with people from contrasting cultures in social, work,
and professional relationships.
- I can engage in a process
characterized by mutual respect and conscious effort to reduce power
disparities between myself (sic) and persons of minority status.
- I have the ability to
obtain culturally relevant information in the professional encounter.
- I have the ability to
enter into a process of mutual exploration, assessment, and treatment with
people of contrasting cultures and minority status in society.
____
1 Leigh, James
W. Communicating for Cultural Competence. Boston:Allyn and Bacon, 1998, pp. 173-174.
ASSESSMENT OF STUDENT LEARNING
As
part of the process of determining the effectiveness of teaching the content of
this course, and as part of the process of assessing outcomes from the course,
there will be a pre-test and a post-test over the content of this course. The pre-test will be administered the first
day of class and the post-test will be administered the last day of class.
Course grade
The
course grade will be based on demonstrated skill and knowledge in
macro-practice, on participation in a community change/education activity
throughout the semester, and on class attendance and participation. Skill and knowledge will be assessed through
classroom exercises/role plays/discussion, one semester-long paper, involvement
in a macro-practice project, and other written work.
The percentage of the grade will be
distributed as follows:
Participation counts 33
percent,
The Semester Papers counts
33 percent, and
The Macro-practice activity counts 34 percent.
Final grades will be assigned
according to the following:
90 or
above A
80 to
<90 B
70 to
<80 C
60 to
<70 D
<60 F
Attendance
Attendance
is required and roll will be taken for each class meeting. Students will be required to sign-in for each
class. Class begins at 8:05 (University time). Students may obtain excused absences for
illness or a personal or family emergency.
No other absences will be excused.
Students who have unexcused absences of more than the equivalent of two weeks of classes (four class meetings) will
receive a grade of “0” for participation.
Excused absences will also lower the student’s participation score for
the course. Under no circumstances will
a student be allowed to enter field practicum with a grade of "D”,
“F" or "I" in this, or any other core course.
Participation
The
instructor will determine the grade for participation with input from each
student on her/his self-assessment of both in-class participation and outside
of class participation. It would be
appropriate to seek feedback on class participation at various points during
the semester.
Assignments
It
is expected that assigned work will be handed in on time. Late work will be lowered one letter grade
from that which the work would have otherwise received. Work will be considered late if it is not
handed in at the time it has been requested by the instructor at the beginning
of the class in which it is due. This
means that coming late to class to hand in a paper will still result in that
paper being counted as late.
Professionals complete assignments on time, whether for an instructor, a
district court, or a client.
It
is expected that written assignments completed outside of class, except the
diary, be typed in double-spaced form.
These papers should exhibit proper grammar, spelling, punctuation, and
structure. Papers will be graded with 60
percent of the grade based on content, and 40 percent of the grade based on
form and style. It is possible to have "A" content and "F" (or "low
F") form and style, and receive a grade of "D" or "F"
on a paper. Form and style assume
importance because much of the formal communication between social workers and
the institutions that influence the lives of our clients is in written form. When we write poorly, we reduce, or
eliminate, our opportunity to affect the response of institutions to our
clients, not to mention how writing poorly reflects on each of us as
professionals and on the social work profession as a whole.
End-of-semester grading
All end of semester assignments are due the
last day of class. Materials due but
not received by the beginning of the last class will be considered late,
and materials not received by the end of the last class may not be included in
the calculation of the course grade.
Work that is received after grades are submitted will be evaluated after
the semester break, and a grade change submitted, if needed.
Since
you are planning to enter field practicum at the end of this term, it is
essential that all assignments be completed, and turned in on time. Remember that you will not be allowed to
begin, or complete field practicum with an unsatisfactory performance in the
core curriculum.
Distributed Reading Load
It is strongly recommended that you
get into study groups and divide the reading assignments among group
members. There is considerable reading
for this class early in the semester.
Members of the class have the responsibility to come to class prepared
to discuss the assigned readings. You
may meet this obligation as individuals or as members of study groups.
REQUIRED
TEXTS (An
“*” indicates books you should already have.)
Alinsky, Saul
D. Rules for Radicals. Vintage, 1972.
Biklen, D. Community Organizing. Prentice-Hall, 1983. [Available
at Claflin Books]
Clifton, R.L. and
A.M. Dahms.
Grassroots Organizing. Prospect
Heights, Ill.:
Waveland Press, Inc.,
1993.
Fisher, R. and W. Ury. Getting to Yes.
Penguin, 1981.
* Netting, Ellen F., Peter M. Kettner and Steven L. McMurtry. Social Work Macro Practice.
Longman,
1993.
Pick,
Maritza. How to save your neighborhood, city, or town. San
Francisco:
Sierra Club, 1993.
Ury, W. Getting Past No. Penguin, 1991.
* U.S. Government. United States
Constitution. (Class handout)
UNIVERSITY AND PROGRAM POLICIES
University sexual harassment and sexual violence
policy
Please
review this policy in the 2000-2002 KSU General Catalog. The University Senate has requested that this
information be included in all course syllabi.
Student rights and responsibilities
Information
on your rights and responsibilities may be found in the general catalog of the
University and in the Social Work Student Handbook.
University Policy on Plagiarism/cheating
"Plagiarism
and cheating are serious offenses and may be punished by failure on the
examination, paper or project;
failure of the course; and/or expulsion from the university. For more information refer to the 'Academic
Dishonesty' policy in Inside KSU." (Office of the Provost, KSU)
Honor Code
The
University has adopted an honor code with which you should be familiar. The following is excepted
from http://www.ksu.edu/facsen/policy/honorcod.htm.
The Kansas State University
Honor System is defined by the following Honor Code:
a. That as K-State students
they will not give or receive aid in examinations; that they will not give or
receive unpermitted [sic] aid in class work,
in the preparation of reports or in any other work that is to be used by the
instructor as the basis of grading.
b. That as K-State students
they will do their share and take an active part in seeing to it that others as well as themselves uphold the spirit and
letter of the Honor System. This
includes reporting an observed dishonesty.
3. The Honor Pledge
Statement
On all course work,
assignments, or examinations done by students at Kansas State
University, the following
pledge is either required or implied:
On my honor as a student I
have neither given nor received unauthorized aid on this assignment.
This statement means that
the student understands and has complied with the requirements of the
assignment as set forth by the instructor.
Class schedule
PART ONE: GETTING FROM MICRO- TO MACRO-PRACTICE
Week
of
8/15
Preparing the class, defining the
learning environment, the class as a community, expectations, and
assignments
defined, due dates for assignments established, and the Pre-Test
Orientation Re-read Netting-chs. 1, 2, 3, & 4
The focus of macro-practice
Ideologies, values and
power Level
of the Problem
Social work ethics in
macro-practice
vs
Social problems and the role of
macro-practice Level of the Solution
Institutional discrimination and
social and economic injustice
Moving
from micro-practice to macro-practice
Basic
micro-practice skills review;
An alternative view of macro
practice
Read Biklen-chs. 1, 2, 3, and 4
Read
United States Constitution-Appendix II
8/29 Macro-practice skills: the negotiation
approach
Practice exercises-framing and
reframing
Read Appendix I
Read Fisher and Ury all of the book
9/5 The negotiation (continued) and mediation
approaches
Read Ury all of the book
Read Biklen ch. 9
9/12 Negotiation and mediation approaches
continued
Discussion of materials
and exercises
9/19 Negotiation and mediation approaches continued QUESTION
1 DUE
9/26 Negotiation and mediation approaches
continued
Complete discussion of
materials
Complete exercises
PART TWO: MACRO-PRACTICE IN THE COMMUNITY
10/3 Community as a target for change
Tuesday-Video on Alinsky
Thursday-Re-read
Netting-ch. 5 & 6
Read Alinsky first half
10/10
Other macro-practice strategies:
Social Protest & Legal Advocacy
Read Biklen chs. 5 and 6
Read Alinsky second half
10/17
Other macro-practice strategies: Community
Education & Self Help
Read Biklen chs. 7 and 8
Read Clifton
chs. 1-4
Read Netting ch. 10
10/24 How
to organize your community: nuts and bolts
Read Pick chs. 1 to 6
Read Clifton chs. 5-8
10/31 How to organize at the grass roots for
political purposes
Read Pick chs. 7 to 13
Read Clifton 8-12,
plus appendices
11/7 Discuss Questions 2-6 in class
View and discuss "Eyes
on the Prize" pt. 1 (55 minutes) QUESTIONS
2-6 DUE
11/14 View and discuss "Eyes on the
Prize" pt. 2 (55 minutes)
Review Question 7 from
semester paper
View and discuss "Eyes on the
Prize" pt. 3 (55 minutes)
11/21 View and discuss "Eyes on the
Prize" pt. 4 (55 minutes)
Review Question 7 from
semester paper
11/28 View and discuss "Eyes on the
Prize" pt. 5 (55 minutes)
View and discuss "Eyes on the
Prize" pt. 6 (55 minutes)
Review Question 7 from
semester paper
Course
Evaluation
Self
ratings for participation due
PART THREE: MACRO-PRACTICE IN ORGANIZATIONS
12/5
Organizational systems
Re-read Netting-ch. 7 QUESTION
7 DUE
Practice in human service
organizations Re-read Netting-ch. 8
Macro change Re-read
Netting-ch. 9 & 10
PART FOUR:
MACRO-PRACTICE AND EVALUATION
Tuesday-Continuation of
Macro-practice in Organizations Re-read Netting-ch. 11
Evaluation of macro practice: the focus on the whole system
Evaluation in macro practice: a tool for change
Thursday-Project summaries/final
oral reports
Turn in your diary of macro practice
experiences.
Semester Questions due.
Post-test
SOCWK 568 Pre- and Post-test
Results of this testing will not be used to determine your grade in
this course. This procedure is being
used for the express purpose of assessing the accomplishment of desired
teaching/learning outcomes for this course.
Instructions
Answer the following
questions on a separate sheet of paper.
Since this is a pre- and post-test situation, please answer the
questions clearly but briefly. If you do
not know an answer or do not recall an answer, please indicate that without
making up a response. If you think you
know the answer, please try to answer.
When you have completed your answers, put your name on the answer
sheet(s), along with the course identifier (SW568), semester and year (f’03), and “PRE” or “POST”
(which ever is appropriate), and turn it
in to the instructor.
1. Differentiate between radical community
organizing and traditional social work approaches to macro-system changes.
2. Explain the dual perspective of social work
as it applies to macro-practice.
3. Define principled negotiation.
4. What are the main differences between
mediation as a process and social work practice with individuals?
5. What is the role of ideology in social work
practice?
6. What does the expression
"reframing" mean?
7. What is the significance of the 14th
Amendment to the Constitution of the United States for macro-social work
practice?
8. What is a "good bureaucrat"?
ASSIGNMENTS
Macro-practice Activity (34 percent).
This
is a semester long assignment. You are
required to become involved in community education/change/organization
activities. There are numerous
activities which can meet this expectation.
Suggestions will be provided in class.
You should keep a daily/weekly journal of your activities in this
assignment. The journal should reflect
your thinking, feeling and involvement in these activities. It should include your assessment of the
organization's activities, your intervention plans, and outcomes. The journal is due once during the semester
and on the last day of class this semester.
As you think about your project, recall that as social workers we are
concerned with the inclusion of diverse populations in our work and our
communities. You will be expected to
specifically address how your project includes, or increases the inclusion of
diverse populations (primarily, racially and ethnically diverse populations).
Seven Semester
Questions (33 percent)
Questions one to six are
worth 3.5 percent each, and question seven is worth 12 percent.
Please
answer each part (I and II) of Question One (five percent) in 250, or fewer,
words.
1. Part I-Differentiate between (a)
social work practice as it has been defined in Social
Work Practice I (SOCWK 560), (b) the mediation process discussed in class and
(c) the negotiation process as it was discussed in Fisher and Ury, Biklen, and Alinsky texts.
Part II-What
are the implications of negotiation and mediation strategies for your practice
of social work in both small and large systems?
Discuss how you will use, or anticipate using, negotiation and mediation
skills and knowledge as part of your social work practice repertoire.
Please
answer each of Questions Two to Six (in 250, or fewer, words.
2. What obligations, if any, do social workers
have to be involved professionally and/or politically in their local
community? Explain why social workers
have, or do not have, such obligations.
3. How do the values reflected in the Code of
Ethics translate into macro-practice? For
instance, the Code of Ethics reflects the value that clients have a right
to self-determination. How does this
translate to guide large system social work practice? Does this create any problem(s) at the
micro-practice level? Is so, how do you
resolve these difficulties?
4. Should a social worker ever violate the
law? If not, why not? If so, under what conditions, what laws, with
what end in mind, etc.?
5. What is the relationship between macro- and
micro-practice in social work? Is it
important for a social worker to have skills in both areas?
6. Discuss your "rules" for using the
radical tactics of Alinsky in the practice of social
work? Which of Alinski’s
rules would you use and under what circumstances? If you would not use Alinski’s rules, why not?
Use
as much space as you need to answer Question Seven (10 percent).
7. Identify
the macro-practice strategies (from class discussion and in the assigned
readings) employed in the Civil Rights Movement reported in the "Eyes on
the Prize" series of videos.
Discuss specific examples and their effectiveness in achieving the
objectives of the movement.
__________________________
The
following outline of questions is to guide for your viewing of the videos. You may find it helpful with your answer to
question seven above.
SOCIAL PROTEST
What is the evidence that the four pre-conditions
for protest were present?
1-What were
the real life conditions?
2-How was
the alternative vision of how things might be expressed?
3-How was
the feeling of community or solidarity expressed?
4-How was
social conscience or social responsibility expressed?
What laws were broken?
1-Were the
laws unjust?
2-Had other
strategies been tried?
3-How was
the public educated about why laws were broken?
4-What were
the positive consequences?
5-What were
the negative consequences?
6-Was the
outcome worth the risks and consequences?
Was there social protest?
1-Were the
issues, goals and objective clearly defined?
What were they?
2-Were the
objectives attainable?
3-Did the
action fit the circumstances? How so?
4-Were the
skills of the constituency effectively used?
How so?
5-Did the
action educate? How so?
6-Did one
action lead to another? What was the
sequence? Did it work?
7-Were the
values clear both in terms of objectives and methods of pursuing those
objectives?
Were there demonstrations?
How effectively did the demonstrations do the following:
1-focus on a
single issue
2-reflect
careful planning
3-use a
variety of strategies (e.g., sit-ins, mass gatherings, picketing, walkouts)
4-involve
the media
5-communicate with prospective protest participants
6-select
appropriate protest strategies
7-follow
through
8-fit the
situation
9-achieve
the desired outcome
Were there boycotts?
1-What was
boycotted?
2-What were
the reactions to the boycott?
3-How did
the boycott fit into other actions?
4-Did the
boycott work?
Were there demands made?
1-Did the
demands communicate ideas simply and directly?
2-Were the
demands philosophical or action oriented?
3-Were the
demands worded in phrases that were vivid, understandable and memorable?
4-Were the
action oriented demands realistic and attainable?
5-Did the
demands contain a limited number of key ideas or concepts?
6-Were the
demands specific to the entity being confronted?
Were there any symbolic acts?
-mock awards
-mock elections
-theater
-others
Were there other forms of protest?
Important questions to be answered
-Did the social protest involve people personally in
the change sought?
-Did the social protest put issues on the local and
national agendas?
Did it put
these issues on those agendas quickly?
-Did the social protest intensify the importance of
the issues to political leaders and agencies?
-Did the social protest achieve change?
LEGAL ADVOCACY
Was legal advocacy a part of the community change
effort?
Did it involve either "due process" or
"equal protection"? How so?
Was litigation a part of the legal advocacy? How so?
Did legal advocacy educate the public and consumers
on their rights?
Was monitoring and/or enforcement a part of the
process? How so?
Did community change actions create a moral presence
(e.g., civil disobedience)? How so?
USE OF THE MEDIA
Was the media (print, newsreel and/or radio-tv) an element in the social protest?
What was its role?
Did the media respond differently to individuals
than to organizations?
How were the media used?
Was the message to the media clear and simple?
Was the issue focused and controlled by the
participants or the media?
Were protests created with an eye to
"newsworthiness"?
NEGOTIATION/MEDIATION
Was negotiation and/or mediation a part of the
community change effort?
What methods were used (positional vs principled)? Who
were the players?
Were these methods used before, during or after
direct action?
What were the outcomes?
OTHER
STRATEGIES
What
other strategies, if any, did you identify?
How were they used?
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APPENDIX I
Material from
Center for Dispute Resolution
Denver, Colorado
and
Others
Not for quotation or
attribution without permission
Framing and reframing
Framing is the manner in
which a conflict situation, issue, or interest is conceptualized or defined.
Reframing is the process of
changing how a person or a party to a conflict conceptualizes his or her own,
or another's, attitudes, values, behaviors, issues, or interests; or how the
structure of a situation is defined.
Framing and reframing can be
used to:
Identify underlying interest that are
satisfied by a position
Make a transition from positional bargaining
to interest based bargaining by defining the problem according to interests
rather than positions
Soften or harden demands
Modify timing or deadlines
Decrease or enhance the explicitness of
threats
Remove emotions from communications
Remove value laden language from
communications
Individuals frame situations
according to their subjective reality (based on their history and experience).
The way a person defines his or her situation
constitutes his or her reality.
There is no necessary relationship between
the objective characteristics of a situation, the party's conflict behavior,
and his or her definition of the situation.
Every framing has some kernel of truth.
Every framing has relevance for the person
who holds it.
Dimensions of a party's
definition of a given situation, issue, or interest
Egocentricity-definition in terms of
self-interests
Insights about underlying concerns of all
parties concerned
Size of the issue-small or large; factors
influencing this are
-number of parties on each side
-number of immediate physical issues
-level of principles involved
-substantive precedent which a settlement might establish
-procedural precedent which a settlement might establish
"Purity" of the conflict-issues
exclusive, mixed, or common
Salient alternatives available
General procedures for
reframing
Change the person who communicates the
message
Change the syntax or wording of the
message
Paraphrase-say it in other words
Summarizing-digest and condense
Ordering-put issues into a logical sequence
Grouping-arrange issues according to some common
principle or standard
Expanding-elaborating on a limited communication (accurate
empathy)
Fractionating-breaking issues into smaller more
manageable sub-issues
Generalizing-stating issues in broader terms
Removing emotions or value laden language-stating the
issues in non-judgmental or non-emotional
manner
Change the meaning of a
statement
Focus away from positions and define the problem in terms
of interests
State interests in terms that are more mutually
acceptable
Broaden or narrow the meaning of a communication by
fractionalizing or generalizing the issue or
interests
Change the context of the
situation
Identify the positive value in a perceived negative
attitude, behavior or situation
Identify commonalties in the parties' situation
Minimize differences between the parties in the situation
General procedures for
framing or reframing issues
Decide if the issue or
problem involves an individual's attitudes or behavior, the situation, or the
relationship
between the parties.
Frame issues in terms of the
situation or relationship of the parties rather than in terms of an
individual's
attitude or
behavior.
Frame
issues so that the response cannot be answered in a "yes" or
"no" manner.
Frame issues in the form of
problem statements. For example:
-"How can we ..."
-"What can be done ..."
-"What time frame is acceptable to ..."
Frame issues so that
multiple solutions are possible. Do not
frame issues so that only one solution is
suggested or
implied.
Separate issues or problems
from the people involved in the conflict---depersonalize issues.
Frame issues so that they
are a joint problem.
Frame issues in terms of
future relationships rather than past guilt or innocence.
Frame issues in such a
manner that they are within the parties' "area of freedom," i.e.,
they have the
authority and resources
to make a decision and have it implemented.
Frame issues in a manner
that does not threaten one or more parties' sense of self or security.
Frame issues in an objective
and value free manner. Framing should
not imply bias toward a particular
party.
Frame issues in specific
terms. Vague framing leads to muddled
problem solving and unclear solutions.
Fractionalize broader issues
into multiple, more easily handled sub-issues. Frame issues in a manner that
encourages freedom
of thought, creative problem solving, and innovative options. Do not frame issues so
that only one
solution is possible.
Frame issues as briefly and
concisely as possible.
Ask parties to confirm that
the framing at the problem is accurate.
General procedures for framing or reframing positions and/or interests
Ask the party presenting
positions why the position is important to him or her and what interests the
position
satisfies. If the party refuses proceed as follows.
-when a position is stated, develop a hypothesis about
the underlying substantive, procedural or
psychological
interests that the position satisfies
-state the interests that are satisfied by a position and
ask for verification from the party presenting the
position
that the interests identified are accurate
-ask for more detail on why the interest is important and
what impact it has on the individual or party
that holds
it
-break interests into substantive, procedural and
psychological components and explore each part in
more depth
-frame the issue or problem in terms of interests. For example,
"So we are
looking for a solution that meets 'X' need for you and 'Y' need for you."
-consider framing interests in either more specific or
more general terms to promote more flexibility
in
bargaining
General procedure for framing of reframing demands, timing
and threats
As a general rule, the more
explicit a party is about a demand, specific time for performance of the
desired
behavior, or threat
about consequences if the other party does not comply, the more pressure or
tension
there is in the
negotiations.
If a party wants to increase
the explicitness of a substantive demand, he or she may frame the request
according to the
"asking ladder" (below). This
sequence of requests and frames of demands increasingly
limits the freedom
of response of another negotiator. The
sequence of requests is from most limiting (top)
to least limiting
(bottom).
-- Asking Ladder --
Demand for action
Demand
Request for conduct
Propose several alternative kinds of
conduct
Ask for a promise of conduct
Ask for a promise under some
conditions
Ask for an offer
Ask for an idea or possible solution
Offer advice
Offer information
Ask for advice
Ask for information
If
a party wants to increase the pressure for performance of behavior, the demand
should be framed in terms of a specific time or deadline. If more bargaining flexibility is desired,
the time frame for performance should be framed in more general terms.
Explicit threats of negative
consequences that will result if a party fails to comply generally increase
tensions and reduce the level of voluntary cooperation. Care should be taken before making any
threats. If a threat is made and if it
is to be framed explicitly, the party making the threat should be clear that:
He or she is willing to carry out the threat if called
upon by the other party to do so
She or he has the resources to carry out the threat
The threat will not result in any unanticipated negative
consequences
The other party believes that the threatening party has
the will and the resources to carry out the threat
The party receiving the threat has not already calculated
the potential damages to him or herself as a
result of
the threat, and has decided that these damages are an acceptable cost to bear
to defend her
or his
position
If a party wants to make the
consequences of non-compliance to a demand more uncertain or minimize the
negative consequences of a more specific threat, the threat can be framed or
reframed in more general terms. This
approach provides more bargaining flexibility, decreases polarization, and
still provides some doubt about negative consequences that often motivates
parties to settle.
General procedures for
framing and reframing emotions
Purpose
To demonstrate to a speaker that her or his message has
been heard
To demonstrate that the listener has understood the
intensity of the speaker's emotions
To legitimate the fact that having and expressing
feelings is acceptable
To encourage the speaker to share more of his/her
feelings and perhaps promote cathartic release
To build feelings of empathy and care between the
listener and the speaker
Procedure
Listen to what the speaker says and distinguish between
the substantive and emotional content of the
message
Assess the intensity of the speaker's emotions and select
a word or phrase that describes the exact
feeling
and level of intensity
Paraphrase the speaker's emotion and feed it back to her
or him.
Listen for his or her response. Active listening a second time, if necessary
If the reframing or active listening is accurate, the
party will either confirm the veracity of the
listener's
perception or elaborate on the emotion
If the reframing is not accurate, the speaker will
usually correct the listener's perception and describe
what he or
she is feeling
When the emotional content of the message decreases,
switch to reframing the substantive content
General procedures for
framing or reframing value laden language
Value laden language is
often a barrier to productive negotiations.
Indicators of value laden language include:
-framing the problem in highly emotional terms
-references to venerable sources (law, tradition,
religion, motherhood and apple pie)
-prediction of dire consequences "If we do (don't
do) this then..."
-characterization of a person or problem as stupid,
childish, worthless, etc
Procedures for reframing
value laden language are:
-identify the positive value that is the basis for a
party's statement (this often involves reversing the
negative
valuation of the other party or her/his view and turning it into a positive)
-identify the "judgmental" position of the
message and remove it
-restate the value of the party in positive terms
-obtain verification of the accuracy of the statement of
values and correct the framing if necessary
Please
reframe the following.
You
don’t have a clue!
You’re
so stupid!
I
hate you!
I
don’t want to do that!
I’m
not interested in talking about this!
You
don’t understand!
It’s
my way or the highway.
There’s
only one way to solve this problem.
It’s
now or never.
Take
it, or leave it.
Your/Their problem is that you/they want too much.
I
can’t do what you want.
I
won’t do what you want.
I
wouldn’t do that in a million years.
Any
real American wouldn’t put up with your idea for one second.
If
we do what you want, then the whole thing will collapse like a house of cards.
Any
company that would take such a position doesn’t really care about people.
Our
problems are all caused by outside agitators.
Stages of the negotiation process
that a person wanting to negotiate could use
Stage 1: Evaluating and selecting a strategy to guide
problem solving
Assess various approaches
available for problem solving--we assume that negotiation is the choice and it
may rely on mediation, arbitration, courts or face to face negotiating. Select the approach to be used
Stage 2: Make contact with other parties
Make personal contact and
explain your desire to negotiate
Build rapport and expand relationship
Build personal and organizational credibility
Promote commitment to the procedure
Educate and obtain input from parties about the process
to used during the negotiation
Stage 3: Collect and analyze background information
Collect and analyze relevant
data about the people, dynamics and substance involved in the problem
Verify the accuracy of the data
Minimize the impact of inaccurate or unavailable data
Identify all parties' substantive, procedural and
psychological interests
Stage 4: Design a detailed plan for negotiation
Identify strategies and
tactics that will enable the parties to move toward agreement
Identify tactics to respond
to situations peculiar to the specific issues to be negotiated
Stage 5: Build trust and cooperation
Preparing psychologically to
participate in negotiations on substantive issues
Develop a strategy to handle
strong emotions
Check perceptions and minimize effects of stereotypes
Build trust
Clarify communications
Stage 6: Beginning the negotiation session
Introduce all parties
Exchange of statements which
demonstrate willingness to listen, share ideas, show openness to reason and
demonstrate desire to bargain in good faith
Establish guidelines for behavior
State mutual expectations for the negotiations
Describe history of problem and explain why there is a
need for change or agreement
Identify interest and/or
positions
Stage 7: Define issues and set an agenda
Together identify broad
topic areas of concern to people
Identify specific issues to
be discussed
Frame issues in a
non-judgmental, neutral manner
Obtain an agreement on
issues to be discussed
Determine the sequence to
discuss issues
Start with an issue in which
there is high investment on the part of all participants, where there is not
serious disagreement, and where there is a strong likelihood of agreement
Take turns describing how
you see the situation such that all participants are encouraged to tell their
story in enough detail that all people understand the viewpoint presented
Use active listening,
open-ended questions and focusing questions to gain additional information
Stage 8: Uncover hidden interests
Probe each issue either one
at a time or together to identify interests, needs and concerns of the
principal participants in the dispute
Define and elaborate
interests so that everyone understands the needs of the other person as well as
their own needs
Stage 9: Generate options for settlement
Develop an
awareness about the need for options from which to select or create the
final settlement
Review needs of parties
which relate to the issue
Generate criteria or
objective standards that can guide settlement discussions
Look for agreements in
principle
Consider breaking issues
into smaller, more manageable issues and generate solutions to sub-issues
Generate options either
individually or through joint discussion
Use one or more of the
following procedures:
expand the pie so that benefits
are increased for all parties
alternate satisfaction so that
each party has their interests satisfied but at different times
trade items that are valued
differently by parties
look for integrative or win/win
options
brainstorm
use trail and error generation
of multiple solutions
try silent generation in joint
sessions (silent Delhi)
use a caucus to develop options
conduct
position/counter-position option generation
Separate generation of
possible solutions from evaluation
Stage 10: Assess options for settlement
Review the interests of the
parties
Assess how interests can be
met by available options
Asses the costs and benefits
of selecting options
Stage 11: Final bargaining
One of the alternatives is
selected
Incremental concessions are
made and parties move closer together
Alternatives are combined or
tailored into superior solution
Package settlements are
developed
Parties establish a
procedural means to reach a substantive agreement
Stage 12: Achieving formal settlement
Agreement may be written
memorandum of understanding or a legal contract, or some other form of contract
to which all parties are bound (public announcement)
Detail how settlement is to
be implemented-who, what, where, when and how-and write it into the agreement
Identify "what
ifs" and conduct problem solving to overcome blocks
Establish an evaluation and
monitoring procedure
Formalize the settlement and
create enforcement and commitment mechanisms
-legal contracts
-performance bond
-judicial review
-administrative/executive approval
Checklist for a Person
Acting as Mediator
in a Negotiation
Pre-mediation preparation
Purpose:
To understand the people,
issues and dynamics of the conflict
To introduce the mediator
and the process to the disputants
To clarify the expectations
of disputants and the mediator
Activities:
Contact the parties separately;
consider the sequence and timing of the contact
Introduce yourself and
explain how you heard about the problem, why you are interested, and present
the possibility of mediation
-emphasize the exploratory nature of the contact
-demonstrate your neutrality in the words which you use
Explain the mediation
process, i.e., what happens in a mediation session
Discuss the benefits and
costs of mediation versus alternative ways of terminating the dispute (letting
the matter drop, court)
Get a commitment from each
party to try mediation
Give the parties final
information about time, place, and who will be present at the first session
-ask participants to bring relevant documents
Prior to the first session
Decide on the form of the meeting
joint-all parties in the same
room
separate or caucus-parties in
separate rooms with mediator conducting shuttle negotiations
private-representative from each
side holding informal discussion
Clarify who should be present at the
negotiations to:
represent the parties or their
viewpoints
discuss the situation
make a decision
have a decision be binding
Make arrangements for the location of the
session by considering:
neutrality of the location
degree of formality in the
set-up of the room
available space for caucuses
Beginning the mediation
session
Purpose
To make face-to-face
introduction of the disputants and mediator
To establish a positive tone
and a sense of safety for participants
To educate parties about the
dispute resolution procedure
To reach an agreement on
standards of behavior
To obtain a commitment to
begin the process
Activities
Prepare the room for the
mediation session-seating arrangements, drinks, etc-prior
to the arrival of the disputants
Have the parties come into
the mediation room at the same time; do not carry on a conversation with one
party prior to the session
Introduce yourself to the
parties in the conflict and the disputants to each other if they have never met
face-to-face; be sure to treat each party equally
Review why people are there
in neutral terms
Explain what mediation is
and the role of the mediator
-mediation is a process whereby a third party helps
people in conflict to identify issues which they
disagree
about, uncover needs which must be met by a settlement, generate possible
solutions, and
reach
decisions
-mediation is voluntary; the people are there by choice
and the mediator has no power to force a
decision on
the parties involved
-the people in the conflict will decide how the conflict
will be terminated
-a mediator is impartial; s/he has no investment in a
particular substantive settlement; the mediator is
a
facilitator of the process, not a judge of the issues or positions
Explain the mediation
procedure
-each person or party will have the opportunity to
describe the situation or problem as s/he sees it
-there will be a time for questions of clarification
-issues of importance to each party will be identified
-needs of each party which must be met in a settlement
will be clarified and agreed upon
-alternative solutions to the problem will be generated
-people will attempt to reach agreements on a solution
-steps to implement these agreements will be defined
Explain the use of separate
meetings of caucuses
A caucus is used to:
generate or explore
new options privately clarify proposals
allow for a break to
consider new positions
A caucus will be called:
prior to or when a
deadlock occurs
when a time for
venting feelings is needed
to test potential
agreements
to clarify a
perception
when the correct
procedure in a joint session is not clear
(i.e., when the mediator is not sure what to
do next or needs space to consider options)
Explain guidelines for
behavior (optional)
Who talks to whom
Acceptability and guidelines for venting feelings
No put downs rule
Additional guidelines suggested by participants
Answer any additional questions posed by the parties
Obtain a commitment from all the people involved to begin
the mediation process; this
acknowledgement
may be verbal or non-verbal, but a clear communication should be received by
the
mediator prior to beginning the process
Defining the issues and
setting the agenda
Purpose
To clarify why the parties
are in conflict
To understand the history
and dynamics of the conflict and to allow parties to educate each other on the
viewpoints
To observe the behavior of
the parties and to determine the appropriate conflict management procedures
Activities
Ask the initiating party to
describe how they see the situation that brought
them to mediation; have them give their story in enoughdetail
that all parties understand the viewpoint presented
Determine indirectly
what is desired in a settlement; do not allow the parties to lock themselves
into a position at this stage of the negotiations
Use active listening,
open-ended questions and focusing questions to gain additional information
After hearing the
description of the situation, clarify with the initiating party what they see
to be the major issues in the dispute (be careful to separate issues, needs and
solutions)
Defining interests and needs
Purpose
To separate issues, needs
and solutions
To identify needs or
components which must be present in a satisfactory settlement
Activities
Review issues which have
been presented by the initiating party
Probe each issue and help
the party identify the needs that must be met in a satisfactory agreement;
consider their substantive, procedural, and psychological needs; distinguish
between needs and positions or solutions
Allow the responding party
to ask clarifying questions
Turn to other parties and
have them describe issues and interests; restate, to the party's satisfaction,
their issues and interests
Generate options for
settlement
Purpose
To develop an awareness of
and to focus the parties on possible solutions
To lower commitment to
positions
To develop more than two
potential settlement options
To separate the option
generation process from the evaluation process
Activities
The mediator and/or the
parties should select the order in which they would like to discuss the issues
The mediator and/or the
parties should decide if they want to use an agreement in principle or building
block approach to problem solving
The mediator and/or the
parties should decide if issues should be linked or unlinked
Possible settlement options
should be developed by:
-discussion
-trail and error presentation of multiple solutions or
proposals
-development of a general formula and then filling in the
details
-private option generation (in caucus)
-general sessions in a subcommittee composed of members
of diverse interest groups
Assessing options for
settlement
Purpose
To evaluate options to
determine how they satisfy interests
To asses whether better
options are available that will benefit one party without harming or detracting
from benefits received by another
To compare negotiated
settlement options with solutions likely to result
from the use of other dispute resolution processes
To assess the costs and
benefits of settling versus not settling
Activity
Review the stated interests
of all parties
Determine if and how well
settlement options satisfy interests
Modify options to better
satisfy interests
Eliminate options which are
unacceptable to either party; clarify why they are being eliminated so as to
avoid dropping an option because of a minor problem
Restate acceptable options
Final bargaining
Purpose
To reach a final agreement
on issues in dispute
To terminate the dispute
Activities
Move the parties toward an
agreement by:
-incremental convergence of positions
-making trade-offs on issues
about which the parties place different values
-developing a package settlement that involves a
comprehensive exchange on all issues
-developing a formula and filling in the details
Achieving formal settlement
Purpose
To assure that an agreement
will be put into effect
To develop a review
procedure for a non-self executing agreement
To determine criteria for
success or failure of the settlement
To determine how an
agreement will be monitored or enforced
To promote commitments to
the terms of the agreement
Activities
Write down agreements as
they occur in mediation
Read written agreements back
to the parties for their validation and concurrence
Identify implementation
steps
Define who does what, when , where and how
Discuss ways to formalize
agreement-MOU, contracts, stipulations in court, etc
Define evaluation procedures
and timeline-when, who does it, criteria
Formal signing of agreement (if appropriate)
Appendix
II
The
Constitution for the United
States of America
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.
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 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.
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 the 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.
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.
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 becomes a
law, be presented to the President of the United States; if he approves 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 defense 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 a 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;
To define and punish piracies and felonies
committed on the high seas, and offenses 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 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.
SECTION 10.
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 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. 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 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 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."
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 offenses 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 of 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.
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.
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 a 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.
SECTION 2.
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 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.
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 - Presid't.and
deputy
from Virginia
Attest WILLIAM JACKSON
Secretary
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 WM. PATERSON DAVID BREARLEY
JONA: DAYTON
Pennsylvania B. FRANKLIN THOS. FITZSIMONS
THOMAS MIFFLIN
JARED INGERSOLL ROBT
MORRIS JAMES WILSON
GEO.
CLYMER GOUV MORRIS
Delaware GEO: READ RICHARD BASSETT GUNNING BEDFORD JUN
JACO: BROOM JOHN DICKINSON
Maryland JAMES MCHENRY DAN OF ST. THOS. JENIFER
DANL CARROLL
Virginia JOHN BLAIR - JAMES MADISON JR.
North Carolina WM. BLOUNT RICHD. DOBBS SPAIGHT
HU WILLIAMSON
South Carolina
J. RUTLEDGE CHARLES
COTESWORTH CHARLES PINCKNEY
PIERCE BUTLER
Georgia WILLIAM FEW ABR BALDWIN
AMENDMENTS
(The first ten amendments to
the Constitution are called the Bill of Rights and were adopted in 1791.)
Article 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.
Article 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.
Article III.
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.
Article 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.
Article 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 offense 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.
Article 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 defense.
ARTICLE 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
reexamined in any Court of the United
States, than according to the rules of the
common law.
ARTICLE VIII.
Excessive bail shall not be
required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted.
ARTICLE IX.
The enumeration in the
Constitution, of certain rights, shall not be construed to deny or disparage
others retained by the people.
ARTICLE 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.
ARTICLE XI.
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.
ARTICLE XII.
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 of 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.
ARTICLE 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.
ARTICLE 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.
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.
ARTICLE 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.
SECTION 2.
The Congress shall have
power to enforce this article by appropriate legislation.
ARTICLE 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.
ARTICLE XVII.
SECTION 1.
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.
SECTION 2.
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.
SECTION 3.
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.
ARTICLE 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.
ARTICLE XIX.
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 sex.
SECTION 2.
Congress shall have power to
enforce this article by appropriate legislation.
ARTICLE 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.
ARTICLE 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.
ARTICLE 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.
ARTICLE XXIII.
SECTION 1.
The District constituting
the seat of Government of the United States shall appoint in such manner as the
Congress may direct: 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.
ARTICLE 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.
ARTICLE 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.
SECTION 4.
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.
ARTICLE XXVI.
SECTION 1.
The right of citizens of the
United States who are 18 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.