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i

Civil Procedure

Rules, Statutes, and Other Materials

ii

EDITORIAL ADVISORS

Rachel E. Barkow

Vice Dean and Charles Seligson Professor of Law

Faculty Director, Zimroth Center on the Administration of Criminal Law

New York University School of Law

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law

University of California, Berkeley School of Law

Richard A. Epstein

Laurence A. Tisch Professor of Law

New York University School of Law

Peter and Kirsten Bedford Senior Fellow

The Hoover Institution

Senior Lecturer in Law

The University of Chicago

Ronald J. Gilson

Charles J. Meyers Professor of Law and Business

Stanford University

Marc and Eva Stern Professor of Law and Business

Columbia Law School

James E. Krier

Earl Warren DeLano Professor of Law Emeritus

The University of Michigan Law School

Tracey L. Meares

Walton Hale Hamilton Professor of Law

Director, The Justice Collaboratory

Yale Law School

Richard K. Neumann, Jr.

Alexander Bickel Professor of Law

Maurice A. Deane School of Law at Hofstra University

Robert H. Sitkoff

Austin Wakeman Scott Professor of Law

John L. Gray Professor of Law

Harvard Law School

David Alan Sklansky

Stanley Morrison Professor of Law

Faculty Co-Director, Stanford Criminal Justice Center

Stanford Law School

iii

Civil Procedure

Rules, Statutes, and Other Materials

2022 Edition

Joseph W. Glannon

Suffolk University

Andrew M. Perlman

Suffolk University

Peter Raven-Hansen

George Washington University

iv

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eISBN 978-1-5438-5623-1
v

About Aspen Publishing

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vii

I dedicate this book to Carol McGeehan

—J.W.G.

To Lisa, Maya, Brynne, and Talia

—A.M.P.

To Winnie, Erik, and Anna

—P.R-H.
ix

Summary of Contents

Contents

THE UNITED STATES CONSTITUTION

FEDERAL RULES OF CIVIL PROCEDURE

SELECTED FEDERAL STATUTES

SAMPLE SELECTED LOCAL RULES

Local Rules of the United States District Court for the Northern District of Illinois

SAMPLE FEDERAL DISTRICT JUDGE STANDING ORDER

Standing Order of Judge Kimba Wood of the United States District Court for the

Southern District of New York

SELECTED FEDERAL RULES OF APPELLATE PROCEDURE

SELECTED FEDERAL RULES OF EVIDENCE

xi

Contents

THE UNITED STATES CONSTITUTION

FEDERAL RULES OF CIVIL PROCEDURE

TITLE I. SCOPE OF RULES; FORM OF ACTION

Rule 1. Scope and Purpose

Rule 2. One Form of Action

TITLE II. COMMENCING AN ACTION; SERVICE OF PROCESS, PLEADINGS,

MOTIONS, AND ORDERS

Rule 3. Commencing an Action

Rule 4. Summons

Rule 4.1. Serving Other Process

Rule 5. Serving and Filing Pleadings and Other Papers

Rule 5.1. Constitutional Challenge to a Statute—Notice,

Certification, and Intervention

Rule 5.2. Privacy Protection for Filings Made with the Court

Rule 6. Computing and Extending Time; Time for Motion Papers

TITLE III. PLEADINGS AND MOTIONS

Rule 7. Pleadings Allowed; Form of Motions and Other Papers

Rule 7.1. Disclosure Statement

Rule 8. General Rules of Pleading

Rule 9. Pleading Special Matters

Rule 10. Form of Pleadings

Rule 11. Signing Pleadings, Motions, and Other Papers;

Representations to the Court; Sanctions

Rule 12. Defenses and Objections: When and How Presented;

Motion for Judgment on the Pleadings; Consolidating

Motions; Waiving Defenses; Pretrial Hearing

xii

Rule 13. Counterclaim and Crossclaim

Rule 14. Third-Party Practice

Rule 15. Amended and Supplemental Pleadings

Rule 16. Pretrial Conferences; Scheduling; Management

TITLE IV. PARTIES

Rule 17. Plaintiff and Defendant; Capacity; Public Officers

Rule 18. Joinder of Claims

Rule 19. Required Joinder of Parties

Rule 20. Permissive Joinder of Parties

Rule 21. Misjoinder and Nonjoinder of Parties

Rule 22. Interpleader

Rule 23. Class Actions

Rule 23.1. Derivative Actions

Rule 23.2. Actions Relating to Unincorporated Associations

Rule 24. Intervention

Rule 25. Substitution of Parties

TITLE V. DISCLOSURES AND DISCOVERY

Rule 26. Duty to Disclose; General Provisions Governing

Discovery

Rule 27. Depositions to Perpetuate Testimony

Rule 28. Persons Before Whom Depositions May Be Taken

Rule 29. Stipulations About Discovery Procedure

Rule 30. Depositions by Oral Examination

Rule 31. Depositions by Written Questions

Rule 32. Using Depositions in Court Proceedings

Rule 33. Interrogatories to Parties

Rule 34. Producing Documents, Electronically Stored

Information, and Tangible Things, or Entering onto Land,

for Inspection and Other Purposes

Rule 35. Physical and Mental Examinations

Rule 36. Requests for Admission

Rule 37. Failure to Make Disclosures or to Cooperate in

Discovery; Sanctions

TITLE VI. TRIALS

 Rule 38. Right to a Jury Trial; Demand

Rule 39. Trial by Jury or by the Court

Rule 40. Scheduling Cases for Trial

Rule 41. Dismissal of Actions

Rule 42. Consolidation; Separate Trials

xiii

Rule 43. Taking Testimony

Rule 44. Proving an Official Record

Rule 44.1. Determining Foreign Law

Rule 45. Subpoena

Rule 46. Objecting to a Ruling or Order

Rule 47. Selecting Jurors

Rule 48. Number of Jurors; Verdict; Polling

Rule 49. Special Verdict; General Verdict and Questions

Rule 50. Judgment as a Matter of Law in a Jury Trial; Related

Motion for a New Trial; Conditional Ruling

Rule 51. Instructions to the Jury; Objections; Preserving a Claim

of Error

Rule 52. Findings and Conclusions by the Court; Judgment on

Partial Findings

Rule 53. Masters

TITLE VII. JUDGMENT

Rule 54. Judgment; Costs

Rule 55. Default; Default Judgment

Rule 56. Summary Judgment

Rule 57. Declaratory Judgment

Rule 58. Entering Judgment

Rule 59. New Trial; Altering or Amending a Judgment

Rule 60. Relief from a Judgment or Order

Rule 61. Harmless Error

Rule 62. Stay of Proceedings to Enforce a Judgment

Rule 62.1. Indicative Ruling on a Motion for Relief That Is Barred by

a Pending Appeal

Rule 63. Judge’s Inability to Proceed

TITLE VIII. PROVISIONAL AND FINAL REMEDIES

 Rule 64. Seizing a Person or Property

Rule 65. Injunctions and Restraining Orders

Rule 65.1. Proceedings Against a Security Provider

Rule 66. Receivers

Rule 67. Deposit into Court

Rule 68. Offer of Judgment

Rule 69. Execution

Rule 70. Enforcing a Judgment for a Specific Act

Rule 71. Enforcing Relief For or Against a Nonparty

TITLE IX. SPECIAL PROCEEDINGS

Rule 71.1. Condemning Real or Personal Property

Rule 72. Magistrate Judges: Pretrial Order

Rule 73. Magistrate Judges: Trial by Consent; Appeal

xiv

Rule 74. [Abrogated.]

Rule 75. [Abrogated.]

Rule 76. [Abrogated.]

TITLE X. DISTRICT COURTS AND CLERKS: CONDUCTING BUSINESS; ISSUING

ORDERS

Rule 77. Conducting Business; Clerk’s Authority; Notice of an

Order or Judgment

Rule 78. Hearing Motions; Submission on Briefs

Rule 79. Records Kept by the Clerk

Rule 80. Stenographic Transcript as Evidence

TITLE XI. GENERAL PROVISIONS

Rule 81. Applicability of the Rules in General; Removed Actions

Rule 82. Jurisdiction and Venue Unaffected

Rule 83. Rules by District Courts; Judge’s Directives

Rule 84. Forms [Abrogated.]

Rule 85. Title

Rule 86. Effective Dates

SUPPLEMENTAL RULES FOR ADMIRALTY OR MARITIME CLAIMS AND ASSET

FORFEITURE ACTIONS

Rule A. Scope of Rules

 Rule B. In Personam Actions: Attachment and Garnishment

Rule C. In Rem Actions: Special Provisions

Rule D. Possessory, Petitory, and Partition Actions

Rule E. Actions In Rem and Quasi In Rem: General Provisions

Rule F. Limitation of Liability

Rule G. Forfeiture Actions In Rem

SELECTED FEDERAL STATUTES

28 U.S.C. § 41. Number and composition of circuits

28 U.S.C. § 133. Appointment and number of district judges

28 U.S.C. § 631. Appointment and tenure

28 U.S.C. § 636. Jurisdiction, powers, and temporary

assignment

28 U.S.C. § 1251. Original jurisdiction

28 U.S.C. § 1253. Direct appeals from decisions of three-judge

courts

28 U.S.C. § 1254. Courts of appeals; certiorari; certified

questions

28 U.S.C. § 1257. State courts; certiorari

28 U.S.C. § 1291. Final decisions of district courts

28 U.S.C. § 1292. Interlocutory decisions

xv

28 U.S.C. § 1331. Federal question

28 U.S.C. § 1332. Diversity or citizenship; amount in controversy;

costs

28 U.S.C. § 1333. Admiralty, maritime and prize cases

28 U.S.C. § 1334. Bankruptcy cases and proceedings

28 U.S.C. § 1335. Interpleader

28 U.S.C. § 1337. Commerce and antitrust regulations; amount

in controversy, costs

28 U.S.C. § 1338. Patents, plant variety protection, copyrights,

mask works, designs, trademarks, and unfair

competition

28 U.S.C. § 1339. Postal matters

28 U.S.C. § 1340. Internal revenue; customs duties

28 U.S.C. § 1341. Taxes by States

28 U.S.C. § 1343. Civil rights and elective franchise

 28 U.S.C. § 1344. Election disputes

28 U.S.C. § 1345. United States as plaintiff

28 U.S.C. § 1346. United States as defendant

28 U.S.C. § 1348. Banking association as party

28 U.S.C. § 1349. Corporation organized under federal law as

party

28 U.S.C. § 1350. Alien’s action for tort

28 U.S.C. § 1351. Consuls, vice consuls, and members of a

diplomatic mission as defendant

28 U.S.C. § 1352. Bonds executed under federal law

28 U.S.C. § 1353. Indian allotments

28 U.S.C. § 1354. Land grants from different states

28 U.S.C. § 1355. Fine, penalty or forfeiture

28 U.S.C. § 1356. Seizures not within admiralty and maritime

jurisdiction

28 U.S.C. § 1358. Eminent domain

28 U.S.C. § 1359. Parties collusively joined or made

28 U.S.C. § 1360. State civil jurisdiction in actions to which

Indians are parties

28 U.S.C. § 1361. Action to compel an officer of the United

States to perform his duty

28 U.S.C. § 1362. Indian tribes

28 U.S.C. § 1365. Senate actions

28 U.S.C. § 1366. Construction of references to laws of the

United States of Acts of Congress

28 U.S.C. § 1367. Supplemental jurisdiction

28 U.S.C. § 1368. Counterclaims in unfair practices in

international trade

28 U.S.C. § 1369. Multiparty, multiforum jurisdiction

28 U.S.C. § 1390. Scope

28 U.S.C. § 1391. Venue generally

xvi

28 U.S.C. § 1400. Patents and copyrights, mask works, and

designs

28 U.S.C. § 1402. United States as defendant

28 U.S.C. § 1404. Change of venue

28 U.S.C. § 1406. Cure or waiver of defects

28 U.S.C. § 1407. Multidistrict litigation

28 U.S.C. § 1441. Removal of civil actions

28 U.S.C. § 1442. Federal officers or agencies sued or

prosecuted

28 U.S.C. § 1442a. Members of armed forces sued or prosecuted

28 U.S.C. § 1443. Civil rights cases

28 U.S.C. § 1445. Nonremovable actions

28 U.S.C. § 1446. Procedure for removal of civil actions

28 U.S.C. § 1447. Procedure after removal generally

28 U.S.C. § 1448. Process after removal

28 U.S.C. § 1449. State court record supplied

28 U.S.C. § 1450. Attachment or sequestration; securities

28 U.S.C. § 1451. Definitions

28 U.S.C. § 1452. Removal of claims related to bankruptcy cases

28 U.S.C. § 1453. Removal of class actions

28 U.S.C. § 1454. Patent, plant variety protection, and copyright

cases

28 U.S.C. § 1603. Definitions

28 U.S.C. § 1651. Writs

28 U.S.C. § 1652. State laws as rules of decision

28 U.S.C. § 1711. Definitions

28 U.S.C. § 1712. Coupon settlements

28 U.S.C. § 1713. Protection against loss by class members

28 U.S.C. § 1714. Protection against discrimination based on

geographic location

28 U.S.C. § 1715. Notifications to appropriate Federal and State

officials

28 U.S.C. § 1738. State and territorial statutes and judicial

proceedings; full faith and credit

28 U.S.C. § 1861. Declaration of policy

28 U.S.C. § 1862. Discrimination prohibited

28 U.S.C. § 1865. Qualifications for jury service

28 U.S.C. § 1866. Selection and summoning of jury panels

28 U.S.C. § 1870. Challenges

28 U.S.C. § 1871. Fees

28 U.S.C. § 1872. Issues of fact in Supreme Court

28 U.S.C. § 1873. Admiralty and maritime cases

28 U.S.C. § 1874. Actions on bonds and specialties

28 U.S.C. § 1875. Protection of jurors’ employment

 28 U.S.C. § 1912. Damages and costs on affirmance

xvii

28 U.S.C. § 1927. Counsel’s liability for excessive costs

28 U.S.C. § 1961. Interest

28 U.S.C. § 1963. Registration of judgments for enforcement in

other districts

28 U.S.C. § 2071. Rule-making power generally

28 U.S.C. § 2072. Rules of procedure and evidence; power to

prescribe

28 U.S.C. § 2073. Rules of procedure and evidence; method of

prescribing

28 U.S.C. § 2074. Rules of procedure and evidence; submission

to Congress; effective date

28 U.S.C. § 2075. Bankruptcy rules

28 U.S.C. § 2077. Publication of rules; advisory committees

28 U.S.C. § 2201. Creation of remedy

28 U.S.C. § 2202. Further relief

28 U.S.C. § 2361. Process and procedure

28 U.S.C. § 2403. Intervention by United States or a State;

constitutional question

42 U.S.C. § 1981. Equal rights under the law

42 U.S.C. § 1983. Civil action for deprivation of rights

42 U.S.C. § 1988. Proceedings in vindication of civil rights

SAMPLE SELECTED LOCAL RULES

Local Rules of the United States District Court for the Northern District of Illinois

SAMPLE FEDERAL DISTRICT JUDGE STANDING ORDER

Standing Order of Judge Kimba Wood of the United States District Court for the

Southern District of New York

SELECTED FEDERAL RULES OF APPELLATE PROCEDURE

Rule 4. Appeal as of Right — When Taken

Rule 5. Appeal by Permission

Rule 10. The Record on Appeal

Rule 28. Briefs

Rule 28.1. Cross-Appeals

Rule 32. Form of Briefs, Appendices, and Other Papers

 Rule 34. Oral Argument

SELECTED FEDERAL RULES OF EVIDENCE

Rule 401. Test for Relevant Evidence

Rule 403. Excluding Relevant Evidence for Prejudice, Confusion,

Waste of Time, or Other Reasons

Rule 407. Subsequent Remedial Measures

Rule 606. Juror’s Competency as a Witness

xviii

Rule 701. Opinion Testimony by Lay Witnesses

Rule 702. Testimony by Expert Witnesses

Rule 703. Bases of an Expert’s Opinion Testimony

Rule 801. Definitions That Apply to This Article; Exclusions from

Hearsay

Rule 802. The Rule Against Hearsay

1

THE UNITED STATES CONSTITUTION

We the People of the United States, in Order to form a more perfect

Union, establish Justice, insure domestic Tranquility, provide for the

common defence, 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 chuse 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 chuse 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 chuse their other Officers, and also a President pro

tempore, in the Absence of the Vice President, or when he shall

exercise the Office of President of the United States.

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 chusing Senators.

The Congress shall assemble at least once in every Year, and such

Meeting shall be on the first Monday in December, unless they shall

by Law appoint a different Day.

Section 5.

Each House shall be the Judge of the Elections, Returns and

Qualifications of its own Members, and a Majority of each shall

constitute a Quorum to do Business; but a smaller Number may

adjourn from day to day, and may be authorized to compel the

Attendance of absent Members, in such Manner, and under such

Penalties as each House may provide.

Each House may determine the Rules of its Proceedings, punish its

Members for disorderly Behaviour, and, with the Concurrence of two

thirds, expel a Member.

Each House shall keep a Journal of its Proceedings, and from time to

time publish the same, excepting such Parts as may in their

Judgment require Secrecy; and the Yeas and Nays of the Members of

either House on any question shall, at the Desire of one fifth of those

Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without the

Consent of the other, adjourn for more than three days, nor to any

other Place than that in which the two Houses shall be sitting.

Section 6.

The Senators and Representatives shall receive a Compensation for

their Services, to be ascertained by Law, and paid out of the Treasury

of the United States. They shall in all Cases, except Treason, Felony

and Breach of the Peace, be privileged from Arrest during their

Attendance at the Session of

their respective Houses, and in going to and returning from the same;

and for any Speech or Debate in either House, they shall not be

questioned in any other Place.

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 encreased 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 become a Law, be presented to the

President of the United States; If he approve he shall sign it, but if not

he shall return it, with his Objections to that House in which it shall

have originated, who shall enter the Objections at large on their

Journal, and proceed to reconsider it. If after such Reconsideration

two thirds of that House shall agree to pass the Bill, it shall be sent,

together with the Objections, to the other House, by which it shall

likewise be reconsidered, and if approved by two thirds of that House,

it shall become a Law. But in all such Cases the Votes of both Houses

shall be determined by Yeas and Nays, and the Names of the Persons

voting for and against the Bill shall be entered on the Journal of each
House respectively. If any Bill shall not be returned by the President

within ten Days (Sundays excepted) after it shall have been presented

to him, the Same shall be a Law, in like Manner as if he had signed it,

unless the Congress by their Adjournment prevent its Return, in which

Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the

Senate and House of Representatives may be necessary (except on a

question of Adjournment) shall be presented to the President of the

United States; and before the Same shall take Effect, shall be

approved by him, or being disapproved by him, shall be repassed by

two thirds of the Senate and House of Representatives, according to

the Rules and Limitations prescribed in the Case of a Bill.

Section 8.

The Congress shall have Power To lay and collect Taxes, Duties,

Imposts and Excises, to pay the Debts and provide for the common

Defence and general

Welfare of the United States; but all Duties, Imposts and Excises shall

be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several

States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on

the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix

the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and

current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for

limited Times to Authors and Inventors the exclusive Right to their

respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high

Seas, and Offences against the Law of Nations;

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

concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that

Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and

naval Forces;

To provide for calling forth the Militia to execute the Laws of the

Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for

governing such Part of them as may be employed in the Service of

the

United States, reserving to the States respectively, the Appointment

of the Officers, and the Authority of training the Militia according to

the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such

District (not exceeding ten Miles square) as may, by Cession of

particular States, and the Acceptance of Congress, become the Seat

of the Government of the United States, and to exercise like Authority

over all Places purchased by the Consent of the Legislature of the

State in which the Same shall be, for the Erection of Forts, Magazines,

Arsenals, dock-Yards, and other needful Buildings;—And

To make all Laws which shall be necessary and proper for carrying

into Execution the foregoing Powers, and all other Powers vested by

this Constitution in the Government of the United States, or in any

Department or Officer thereof.

Section 9.

The Migration or Importation of such Persons as any of the States

now existing shall think proper to admit, shall not be prohibited by the

Congress prior to the Year one thousand eight hundred and eight, but

a Tax or duty may be imposed on such Importation, not exceeding

ten dollars for each Person.

The Privilege of the Writ of Habeas Corpus shall not be suspended,

unless when in Cases of Rebellion or Invasion the public Safety may

require it.

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

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

the Census or Enumeration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or

Revenue to the Ports of one State over those of another: nor shall

Vessels bound to, or from, one State, be obliged to enter, clear, or pay

Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of

Appropriations made by Law; and a regular Statement and Account of

the Receipts and Expenditures of all public Money shall be published

from time to time.

No Title of Nobility shall be granted by the United States: And no

Person holding any Office of Profit or Trust under them, shall, without

the Consent

of the Congress, accept of any present, Emolument, Office, or Title, of

any kind whatever, from any King, Prince, or foreign State.

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 Controul 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 chuse 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 chuse the President.
But in chusing 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 chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing 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

shall be elected.

The President shall, at stated Times, receive for his Services, a

Compensation, which shall neither be encreased 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 Offences against the United States, except in Cases of

Impeachment.

He shall have Power, by and with the Advice and Consent of the

Senate, to make Treaties, provided two thirds of the Senators present

concur; and he shall nominate, and by and with the Advice and

Consent of the Senate, shall appoint Ambassadors, other public

Ministers and Consuls, Judges of the supreme Court, and all other

Officers of the United States, whose Appointments are not herein

otherwise provided for, and which shall be established by Law: but the

Congress may by Law vest the Appointment of such inferior Officers,

as they think proper, in the President alone, in the Courts of Law, or in

the Heads of Departments.

The President shall have Power to fill up all Vacancies that may

happen during the Recess of the Senate, by granting Commissions

which shall expire at the End of their next Session.

Section 3.

He shall from time to time give to the Congress Information 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.

10

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 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.

11

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.

12

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.

AMENDMENT I

Congress shall make no law respecting an establishment of religion,

or prohibiting the free exercise thereof; or abridging the freedom of

speech, or of

13
the press; or the right of the people peaceably to assemble, and to

petition the Government for a redress of grievances.

AMENDMENT II

A well regulated Militia, being necessary to the security of a free

State, the right of the people to keep and bear Arms, shall not be

infringed.

AMENDMENT 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.

AMENDMENT IV

The right of the people to be secure in their persons, houses, papers,

and effects, against unreasonable searches and seizures, shall not be

violated, and no Warrants shall issue, but upon probable cause,

supported by Oath or affirmation, and particularly describing the

place to be searched, and the persons or things to be seized.

AMENDMENT V

No person shall be held to answer for a capital, or otherwise

infamous crime, unless on a presentment or indictment of a Grand

Jury, except in cases arising in the land or naval forces, or in the

Militia, when in actual service in time of War or public danger; nor

shall any person be subject for the same offence to be twice put in

jeopardy of life or limb; nor shall be compelled in any criminal case to

be a witness against himself, nor be deprived of life, liberty, or

property, without due process of law; nor shall private property be

taken for public use, without just compensation.

AMENDMENT VI

In all criminal prosecutions, the accused shall enjoy the right to a

speedy and public trial, by an impartial jury of the State and district

wherein the crime shall have been committed, which district shall

have been previously ascertained by law, and to be informed of the

nature and cause of the accusation;

14

to be confronted with the witnesses against him; to have compulsory

process for obtaining witnesses in his favor, and to have the

Assistance of Counsel for his defence.

AMENDMENT VII

In Suits at common law, where the value in controversy shall exceed

twenty dollars, the right of trial by jury shall be preserved, and no fact

tried by a jury, shall be otherwise re-examined in any Court of the

United States, than according to the rules of the common law.

AMENDMENT VIII

Excessive bail shall not be required, nor excessive fines imposed, nor

cruel and unusual punishments inflicted.

AMENDMENT IX

The enumeration in the Constitution, of certain rights, shall not be

construed to deny or disparage others retained by the people.

AMENDMENT X

The powers not delegated to the United States by the Constitution,

nor prohibited by it to the States, are reserved to the States

respectively, or to the people.

AMENDMENT XI

Passed by Congress March 4, 1794. Ratified February 7, 1795.

Note: Article III, section 2, of the Constitution was modified by

amendment 11.

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.

15

AMENDMENT XII

Passed by Congress December 9, 1803. Ratified June 15, 1804.

Note: A portion of Article II, section 1 of the Constitution was

superseded by the 12th amendment.

The Electors shall meet in their respective states, and vote by ballot

for President and Vice-President, one of whom, at least, shall not be

an inhabitant of the same state with themselves; they shall name in

their ballots the person voted for as President, and in distinct ballots

the person voted for as Vice-President, and they shall make distinct

lists of all persons voted for as President, and of all persons voted for

as Vice-President, and of the number of votes for each, which lists

they shall sign and certify, and transmit sealed to the seat of the
government of the United States, directed to the President of the

Senate;—the President of the Senate shall, in the presence of the

Senate and House of Representatives, open all the certificates and

the votes shall then be counted;—The person having the greatest

number of votes for President, shall be the President, if such number

be a majority of the whole number of Electors appointed; and if no

person have such majority, then from the persons having the highest

numbers not exceeding three on the list of those voted for as

President, the House of Representatives shall choose immediately, by

ballot, the President. But in choosing the President, the votes shall be

taken by states, the representation from each state having one vote; a

quorum for this purpose shall consist of a member or members from

two-thirds of the states, and a majority of all the states shall be

necessary to a choice. [And if the House of Representatives shall not

choose a President whenever the right of choice shall devolve upon

them, before the fourth day of March next following, then the Vice-

President shall act as President, as in 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.

16

AMENDMENT XIII

Passed by Congress January 31, 1865. Ratified December 6, 1865.

Note: A portion of Article IV, section 2, of the Constitution was

superseded by the 13th amendment.

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.

AMENDMENT XIV

Passed by Congress June 13, 1866. Ratified July 9, 1868.

Note: Article I, section 2, of the Constitution was modified by section

2 of the 14th amendment.

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

17

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 the power to enforce, by appropriate

legislation, the provisions of this article.

AMENDMENT XV

Passed by Congress February 26, 1869. Ratified February 3, 1870.

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.

18

Section 2.

The Congress shall have the power to enforce this article by

appropriate legislation.

AMENDMENT XVI

Passed by Congress July 2, 1909. Ratified February 3, 1913.

Note: Article I, section 9, of the Constitution was modified by

amendment 16.

The Congress shall have power to lay and collect taxes on incomes,

from whatever source derived, without apportionment among the

several States, and without regard to any census or enumeration.

AMENDMENT XVII

Passed by Congress May 13, 1912. Ratified April 8, 1913.

Note: Article I, section 3, of the Constitution was modified by the 17th

amendment.

The Senate of the United States shall be composed of two Senators

from each State, elected by the people thereof, for six years; and each

Senator shall have one vote. The electors in each State shall have the

qualifications requisite for electors of the most numerous branch of

the State legislatures.

When vacancies happen in the representation of any State in the

Senate, the executive authority of such State shall issue writs of

election to fill such vacancies: Provided, That the legislature of any

State may empower the executive thereof to make temporary

appointments until the people fill the vacancies by election as the

legislature may direct.

This amendment shall not be so construed as to affect the election or

term of any Senator chosen before it becomes valid as part of the

Constitution.

AMENDMENT XVIII

Passed by Congress December 18, 1917. Ratified January 16, 1919.

Repealed by amendment 21.

19

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.

AMENDMENT XIX

Passed by Congress June 4, 1919. Ratified August 18, 1920.

The right of citizens of the United States to vote shall not be denied or

abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate

legislation.

AMENDMENT XX

Passed by Congress March 2, 1932. Ratified January 23, 1933.

Note: Article I, section 4, of the Constitution was modified by section

2 of this amendment. In addition, a portion of the 12th amendment

was superseded by section 3.

Section 1.
Another random document with
no related content on Scribd:
The Project Gutenberg eBook of Divvy up
This ebook is for the use of anyone anywhere in the United States
and most other parts of the world at no cost and with almost no
restrictions whatsoever. You may copy it, give it away or re-use it
under the terms of the Project Gutenberg License included with this
ebook or online at www.gutenberg.org. If you are not located in the
United States, you will have to check the laws of the country where
you are located before using this eBook.

Title: Divvy up

Author: Stephen Marlowe

Illustrator: Mel Varga

Release date: December 29, 2023 [eBook #72537]

Language: English

Original publication: New York, NY: Ziff-Davis Publishing Company,

1960

Credits: Greg Weeks, Mary Meehan and the Online Distributed

Proofreading Team at http://www.pgdp.net

*** START OF THE PROJECT GUTENBERG EBOOK DIVVY UP ***

 DIVVY UP

By MILT LESSER

ILLUSTRATED by VARGA

Here's a fine, hard story of the inverted

ethical system of the post-war world, where
inhumanity is the norm and cruelty pays dividends.

[Transcriber's Note: This etext was produced from

Amazing Stories February 1960.
Extensive research did not uncover any evidence that
the U.S. copyright on this publication was renewed.]
Hardesty fondled the sight picture with his right eye, squinting shut
his left eye, caressing the trigger of his rifle with the index finger of his
right hand and waiting for the squad leader to issue his commands.
"Ready," called the squad leader.
At times like this, Hardesty observed, time seemed suspended. He
wondered if it worked that way for the condemned man, too. The sun
was just coming up over the rim of the bomb crater, splashing the
rubble there with rose and gold. A hungry dog howled somewhere
north of the crater.
"Aim...."
A dozen rifles were pointed at various parts of the condemned man's
anatomy. Hardesty always selected the stomach, although there
invariably was a softie in each firing squad to spoil the fun. The
hungry dog began to yelp. Someone had probably left ground glass
for it.
Before the squad leader could shout the command to fire, a rifle shot
cracked flatly, with a complete lack of resonance, across the bomb
crater. The condemned man jerked upward, then strained forward in
death against the fetters which bound him to the firing post.
"Damn it!" swore the squad leader. "Who the hell did that?"
Jumping the gun had started some years ago strictly as a sport. Now
it was business, though, and profitable if you could get away with it
and trust your confederate.
"Who did that?" screamed the squad leader.
No one spoke. The dozen members of the firing squad stood rigidly at
the aim position, their weapons pointing like accusing fingers at the
dead man slumping forward against the firing post. Two crows
flapped by like black paper overhead, cawing raucously.
"All right," snapped the squad leader. "Uh-ten-shun!"
Rifle stocks were slapped in brisk unison as the weapons were
brought down from the aim position through port to order arms. A
trickle of sweat rolled across the bridge of Hardesty's nose. A bus
rumbled by two blocks east, on what was left of Lexington Avenue.
Hardesty wondered if the driver's union sanctioned passenger
trapping. He had once traveled ten extra blocks on a bus which had
slowed down without stopping at the designated spots. He had
watched braver passengers than himself leap from the vehicle,
risking broken bones. Well, they probably had time-clocks to punch;
Hardesty was in business for himself.
"In-spec-shun—harms!" the squad leader screamed. Twelve rifles
snapped up to port, twelve bolts were slammed back. The squad
leader walked down the line, examining rifle chambers. Three rifles to
Hardesty's left, he stopped. "Here she is," he said.
From the corner of his eye, Hardesty saw the girl, calm as murder,
hurl her heavy rifle at the squad leader. The stock slammed across
his face and knocked him down before he could parry it with his arms.
The girl turned and fled up over the rim of the bomb crater.
"Catch her!" bellowed the squad leader, who stood up, wiped the
blood from his lips and sprinted toward the crater rim. Ten members
of the squad followed him on the double. The penalty for jumping the
gun was severe; the reward for catching the culprit, considerable.
Hardesty did not follow the squad leader.
He waited until the last of the squad had scrambled up the steep
slope of the crater wall, waited until the drumming sound of feet on
the buckled pavement faded, then approached the dead man still
suspended from the firing post. The man's face looked peaceful, as if
he were only sleeping. He wore a mackinaw, a pair of patched
trousers and heavy rubble-boots. Hardesty could not see where the
bullet had gone in.
Approaching the corpse, Hardesty wondered if the girl who had fired
prematurely would make good her escape. Lord knew there were
places to hide in the bombed-out city. Hardesty began to hope they
would capture her, though. It would simplify things. He did not know
her name, but fifteen minutes before the execution he had tossed a
coin with her. Hardesty had won. She would kill the condemned man
prematurely, Hardesty would remain behind to go through his pockets
for booty. Later on, they would meet at the stump of the Lever
Brothers Building and divvy up. Provided she wasn't caught. Provided
Hardesty remembered.
Sucker, he thought.
He reached the dead man and started through the big flap pockets of
his mackinaw. A cold wind swirled into the crater, lifting a cloud of
choking dust. The first red glow of the sun had faded, leaving a pale
and watery orb to fight the gathering clouds in the eastern sky. It
looked like snow was on the way. Hardesty found a tattered wallet in
the left rear pocket of the man's trousers.
"Hold it," a woman's voice called softly.
Startled, Hardesty looked around. He saw no one. He might hurl
himself behind the corpse and the firing post, his rifle ready—but the
woman could have been crouched behind the embankment there.
"What do you want?" Hardesty demanded in an arrogant voice. You
were a goner if you showed fear. That's what they wanted, fear.
"I'm armed. I have you covered. I can see you but you can't see me.
Drop your rifle."
Bluff? Hardesty wondered.
"I'll count three."
And fire on two, you shrew, Hardesty thought. He wondered again
about the other girl, the one who was fleeing across the city now. A
confederate of hers? It was possible. Double-dealing invited triple
dealing. Hardesty thumbed the safety catch forward on his rifle and
dropped the weapon at his feet. He still held the dead man's wallet in
his left hand.
The woman appeared over the rear embankment of the crater. She
wore a cap with earlaps, a tattered leather lumber-jacket, a heavy
black skirt, rubble-boots and no gloves. She carried a sawed-off
shotgun in the cradle of her bent left arm. She was pretty, but did not
look mean enough to be really beautiful. Her eyes were piercing.
"What have you got in your hand?" she said.
"His wallet."
"Give it to me." The young woman came forward, kicked Hardesty's
rifle out of reach with her left foot and held out her right hand.
Just then an air-raid siren began to wail. Hardesty looked up at the
pale cold sky. He saw no jets. He heard none. The spotters didn't give
you much warning these days. They knew of the raid in advance, of
course. They had received word from the spotters up and down the
coast. While they would be executed if they failed to report the raid
entirely, there was no stipulation on the time limit and no way of
proving it if there had been. As a consequence, the spotters were rich
men. You hardly had time to lock up or hide your valuables with only
seconds to reach shelter.
"Think it's for real?" the woman asked Hardesty.
He shrugged. He still heard no jets. False alarms kept you on your
toes and made you wait until the last possible moment when the real
thing came. False alarms? The spotters called them air-raid drills.
"I doubt it," Hardesty said truthfully. The bomb crater would make a
fairly good shelter, anyway. The worst of the shock waves would pass
over it. Hardesty hoped shelter-seeking pedestrians wouldn't find the
bomb crater. He might be able to deal with the woman alone, but he'd
lose whatever booty was left in the dead man's pockets if a few dozen
scavengers came down into the hole.
"Give me the wallet."
Hardesty handed it over. "Who are you?" he said. "A friend of that
blonde girl who—"
"Did you take anything else? I'm the widow."
A head was silhouetted briefly against the pale sky above the rim of
the crater. The widow fired a warning shot from one barrel of her
shotgun, then quickly reloaded it. The head vanished.
"You have no right to your husband's belongings," Hardesty said.
"You ought to know that."
"You have a right?"
"Sure. Why don't I?"
"Because I saw what happened. You were in cahoots with that blonde
girl, weren't you?" The widow went through her dead husband's
pockets as she talked, stuffing what she found into the pockets of her
mackinaw. Hardesty stared hungrily at the silver gleam of coins, the
dull green of paper money.
"Lady," Hardesty said derisively, "you're a sucker. Your husband was
holding out on you."
"What else did you find?"
"I didn't say I found anything."
"But you implied it."
"Go scratch," said Hardesty in a taunting voice. He wanted the
woman to search him. He thought he could take her if she got busy
with his pockets.
"I could kill you and search you afterwards."
"You could, if I didn't hide it where you'd never find it."
"Hide what?" the woman licked her lips eagerly. She looked real
pretty now. Hardesty had always preferred the mean, hard look to the
unctuous one which stamped so many faces these days. The woman
took a step toward Hardesty, who tensed himself. It was the little
things like this which made life worth living. The cat and mouse
game. Personal politics, it was called. It used to be called ethics. The
woman put her hand in the pocket of Hardesty's coat, anxiously
searching.
At that moment, the first wave of jets came over.
The sky shook itself, disgorging bombs. A bright flash blossomed
beyond the western rim of the crater, and another. Seconds later,
Hardesty heard the explosions. The woman had forgotten Hardesty
and crouched in terror at the feet of her dead husband, who still stood
there leaning forward from the firing post. Had the woman denounced
him for some personal reason? wondered Hardesty. It happened all
the time. Personal politics.

The second wave of jets came over, their roar all but drowning out the
stacatto pop-pop-pop of the AA guns. The country had used up its
entire supply of ground-to-bomber missiles. The enemy had depleted
its store of fusion and fission bombs. Everyone settled for ack-ack
and TNT.
The bombs rained down, exploding like firecrackers on a scale model
of the ruined city. It always looked that way to Hardesty. Unreal. He
supposed it was like that, unreal, to everyone until the one bomb
which was too close and suddenly too real compressed the air before
its warhead and shrieked earthward, growing and growing and not
cutting off the shriek before the sound of the explosion like kids do
when they play war and make vocal bomb sounds but terminating the
shriek instantly with the explosion and killing you almost before you
heard the sound with concussion or flying masonry or fire.
Like that bomb, right now, right there, which picked up a two-story
building, uprooting it at the foundation and lifting it slowly into the air
in defiance of gravity, then turning it over gently, teaching it tricks
before it perished, flipping it carelessly, indifferently, showering a slow
downpour of furniture to the ground through the now floorless bottom
story and then turning the whole building once more, like a child's
block caught in a gale, and suddenly sundering it, breaking the
building into large pieces which floated lazily downward, exploding
with a paradoxical lack of violence into smaller pieces, and the
smaller ones into still smaller, until the whole thing came down, dust
and shards now, like a multi-colored snowstorm, beyond the rim of
the bomb crater.
Afterwards came the concussion, mitigated by the depth of the crater
but still strong, flipping Hardesty across the crater floor. He let his
muscles go slack, instinctively knowing there would be less likelihood
of a broken bone that way. He tasted blood in his mouth and felt his
head burrow into rubble and ashes. He stood up groggily as the all-
clear sounded. You had to be cautious. Sometimes the spotters
tricked you. Then you went out into the open and the bombs came
down again almost as if the spotters and the enemy bombardiers
were in secret entente with one another and would later meet in some
undreamed of neutral place and share the booty collected from
corpses and parts of corpses. It was a dog eat dog world.
The concussion had ripped loose the firing post, which had fallen with
the dead man still dangling, like a drunk leaning backwards against a
lamp-post, across the woman. She lay there under its weight, her
legs drumming, her arms twitching.
"Help me," she called to Hardesty in a feeble voice. "Please help me."
She was very ugly that way, with a look of supplication on her dirt-
smeared face. Hardesty walked over to her and placed his foot on her
shoulder so she wouldn't twitch so, then went through her pockets
quickly. He found two five million dollar bills and a handful of small
denomination coins, one and two hundred thousand dollars each,
mostly. Shrugging his disappointment, Hardesty realized it would be
only enough to keep him going a week, and that long only if he spent
it frugally. Those were the breaks.
"What else did you find?" the woman croaked through bloody lips.
She would probably live, Hardesty figured. She was only pinned
there; she didn't seem badly hurt. Naturally, he changed his residence
in the bombed-out city every day, but if the blonde girl were caught
and described him to save her own neck and if this woman confirmed
the description to receive her share of the ten million dollars in
denouncer's bounty, Hardesty might possibly be found. The penalty
for jumping the gun or aiding gun-jumping was death. Other citizens
didn't have their just opportunity to scavenge.
"What else?" the woman asked again.
Hardesty went over and found the sawed-off shotgun. "Nothing," he
said, and split the woman's skull open with the stock of the shotgun.
"Hey, man! Hey, over this way!"
A digging crew was working with picks and shovels on a ruined
building on 44th Street. It had been an office building of some dozen
storys, but the whole façade had collapsed. The offices thus revealed
looked like tiny cubicles with cardboard ceilings, floors and walls. The
whole ruined structure looked like a giant compartmented eggbox
lying on its side, the small square compartments cluttered with
impossibly small office furniture carved to perfect scale.
"Hey, man! We got an extra shovel."
Community effort. You had to dig out the ruins. In the early days of
the war you looked for living people, but now personal politics had
changed that. The diggers had clubs and knives ready in case any
survivors were found to contest their booty. They were hacking away
at the heaps of broken concrete with consummate effort, stopping
every now and then for hot drinks which the Red Cross brought
around. They had some union, those Red Cross workers. They were
guaranteed ten percent of the booty in any building they serviced
during digging. Often only the digging foreman got coffee, but it didn't
matter.
The scene reminded Hardesty of a clever children's toy he had seen
once. It was a hollow globe of plastic, with water inside. When you
turned it upside down, tiny jet bombers dropped tinier bombs on a
skyscraper which resembled the Lever Brothers Building. The
building flew apart, spitting miniature corpses and furniture out of
windows. Minute diggers started to dig at the base of the structure
and a Red Cross vehicle spilled out tiny, spider-like Red Cross
workers with armbands. When you turned the globe right-side-up
again, everything assumed its place like before the air-raid. It was
very ingenious.
Hardesty thought it would be a good idea to get out of his
neighborhood. There was no telling what had happened to the
blonde. If he were caught in her position, he certainly would have
squealed. Anyway, Hardesty had heard that the pickings were good
down by the old Navy Yard in Brooklyn, provided you could steal a
boat and make your way across the East River under the ruined
bridges. Some people claimed the waters of the river were still
radioactive, but Hardesty suspected the radiation had long since
flowed out to sea. It was probably a rumor promulgated and
maintained by the roving bands of Brooklyn scavengers. Hardesty
had always preferred being a small businessman. He just couldn't
see scavenging for a salary, despite the comparative security it
offered.
"Well, what do you say, man?"
"No, really, I have to be getting along."
"All right, then. It's an order." Someone thrust a shovel at Hardesty.
He glanced at the man's sleeve and saw the starred armband of a
block captain. Damn these civil servants! You hated their guts but had
to obey them. Oh, they were psychopathic enough. Hardesty
admitted that to himself. You couldn't get any kind of a decent job with
the city unless the Civil Service Board passed on your psychopathy.
But they were too smug in an orderly, regimented way. They could
quote ordinances to you until you wanted to wring their necks but
they were right and if you did, you were as good as dead.
Hardesty took the shovel in his numb cold hands and began to dig
mechanically where the pick-ax crew had already done its work. After
an hour, he had uncovered nothing worthwhile. A teen-aged Red
Cross girl brought him a cup of evil-smelling synthetic coffee, but he
drank it to warm his stiff muscles.
All at once, he heard a tapping sound coming from a big bronze pipe
which had probably carried water or refuse from one of the offices
upstairs.
"Someone's alive in there," a youngster next to Hardesty said. He ran
over with a pick-ax and began to hack furiously at the rubble.
The block captain rushed to the spot and said, "Are you crazy or
something? There's no air in there. Give them a couple of hours and
they'll be dead. Are you forgetting your ordinances, boy?"
"But we can save them!" the youngster said in some confusion.
"We got too many mouths to feed as it is. Anyhow, you want them
contesting the booty? If they survive, they're liable to claim it all."
"I—I'm sorry." The youngster stopped hacking away with his pick-ax.
He seemed genuinely contrite, but you never knew about that type.
He might come back tonight and dig in private. By then, fortunately, it
would be too late. But the city hospitals were full of just such people
who couldn't adjust to the rigors of war. Hardesty had heard about a
proposed bill which would have them all killed painlessly. That was no
way to die, without pain, but it served them right. Of course, thought
Hardesty bitterly, the city would claim all their booty—which was
another matter entirely.

Five minutes later, Hardesty found a dismembered arm. It was

already frozen with the cold and seemed more like wax than flesh.
The arm was too muscular to have belonged to a woman. The man
had worn a ring and a gold-plated wristwatch which, between them,
might bring eighty or ninety million dollars on the black market.
Hardesty got the watch loose and was working the ring off the frozen
fingers when the block captain spotted him.
"I saw that," he said. He had a big beefy face with eyes so close
together they seemed to be forever staring at the tip of his nose. "You
think you're in business for yourself?"
"I'm sorry," Hardesty said lamely. "Habit. I'm a scavenger by
occupation. Here. Here's the ring."
The beefy-faced man scrutinized the ring and pocketed it. "The
wristwatch," he said,
"There must be some mistake."
"I saw you put it in your pocket."
"No, you must have been imagining things." What would it bring on
the black market? Fifty million dollars in a quick sale? Decent living
for a month. Hardesty was damned if the block captain would get it.
"Fork it over, wise guy."
The other diggers had stopped their work to watch Hardesty's
growing—and now perilous—discomfort. "Let's just get on with the
work," Hardesty suggested. He had placed the sawed-off shotgun
down near the curb when he started digging. He saw it there now,
with one of the Red Cross teen-agers staring at it covetously. He
wondered if he could reach it in time and blast the beefy block
captain's face in. He decided the shovel would be quicker and every
bit as effective.
"For the last time ..." began the block captain.
Swinging the shovel like a baseball bat, Hardesty bounced it off his
jaw. He didn't wait to see the results. He bolted for the curb, scooped
up his sawed-off shotgun, and ran.

It was snowing now, big dry flakes which fell from a windless sky,
slow patient flakes which would fall for many hours if the leaden sky
was any indication, choking the broken arteries of the perishing city.
Let it, thought Hardesty. I don't have to go to Brooklyn, after all. I
know where I can dispose of this wristwatch.
He was jogging along in no great hurry. He had darted down
Vanderbilt Avenue by the ruins of Grand Central Station, then cut
back and forth through the streets in the low forties. They had chased
him for a while but had given him up by now, he supposed. Hell, it
was only one wristwatch. He slowed to a walk along Park Avenue
and watched the city die.
The city had been moribund ever since Hardesty could remember. It
seemed the natural state of things, just as the public politicians had
finally given in to the inevitable and now decried that war was the
natural state of human society. With war, cities died. With dead cities,
war became a more personal thing. That was where personal politics
came in. War became an individual thing as well as a social
enterprise. That was the way you lived.
An old woman came trudging along in the snow, her boot-shod feet
making footprints clear down through the thin white covering to the
broken gray sidewalk beneath it. She was selling poor-grade booty,
trinkets and a few items of faded old clothing. "Anything I've got," she
hawked, holding a yellow straw basket up for Hardesty's inspection,
"anything in the basket for only a hundred thousand dollars."
When Hardesty shook his head, she tagged along, gripping his
sleeve in clawlike fingers and tugging at it. "Go away, grandma," he
said. The old lady went on ranting about her wares in a high,
incongruously childish voice. Maybe a few of the diggers were still
looking for him, Hardesty thought. The crone's piercing voice would
attract people for blocks.
The hag cleared her throat and spat yellow phlegm in the clean white
snow. "See this dress? See, it's second hand, but you could hardly
tell. For you, a special price because you have a cruel face. For you
—"
"Damn it!" said Hardesty, and fished in his pocket for a few coins.
There was no one else on the street, no one else on the lonely
landscape of battered buildings and stumps of buildings. A few feet to
Hardesty's left, a fire hydrant had ruptured; a torrent of water gushed
from it, freezing at the edges of the large puddle which had formed,
as if the ice had started there and would approach the hydrant and
strangle it. Hardesty was surprised that the city still pumped so much
pressure through its water mains.
"Here," Hardesty said, handing the old woman a few coins and taking
her basket. It was unexpectedly heavy. The old woman thanked him
profusely in her childish voice. Hardesty had no use for the contents
of the basket, but wouldn't return it to the hag. Later he could dispose
of it. Returning it to her would be charity, and you just did not indulge
in charity.
The old woman walked off through the snow, cackling happily.
"There he is!" someone cried.
Hardesty heard the footfalls pounding behind him. The diggers. He
began to run, hurling the basket away from him. He turned around to
look and saw four or five shapes sprinting after him. Hardesty raised
the shotgun without bothering to aim and fired both barrels. The hag
clutched her throat and pitched forward in the snow. One of the men
fell with her. Hardesty tossed the now useless shotgun aside and
heard something clatter against the wall next to him. Sparks flew. It
was a knife. The man's aim had been good, almost too good.
Hardesty circled the block twice, then hid in a doorway. It was a
doorway to absolutely nowhere. On one side was the street, on the
other was a rubble-filled bomb crater. This had once been a building,
but only the doorway stood. Even the door had been blown to bits.
A sign over the door said WAL—RIA. Hardesty thought a hotel had
stood here, long ago. He crouched in the doorway and waited,
catching his breath. It was so cold, his teeth began to chatter
uncontrollably. His lungs, though, were on fire, and his nostrils. He
couldn't stay there too long. He would freeze to death. Perhaps they
had taken a wrong turn over on Madison Avenue.
Hardesty walked boldly out into the street. No one stopped him.
Ten minutes later, after hiding in a pile of rubble when he saw
someone coming down the street, Hardesty found himself passing
the stump of the Lever Brothers Building. The girl, he thought
suddenly. He had forgotten about the blonde. He shouldn't be passing
here. She might be waiting for him.
"Psst! Hey, it's me. I didn't know to expect you or what."
It was the blonde's voice. Hardesty had in mind to run again, but
there would be too many people after him, too many people who, out
of spite or patriotism, would identify him and denounce him. He would
share the executed man's booty with the blonde girl. But not the
wristwatch. She had nothing to do with the wristwatch. Maybe, he
thought, she even knew of a good warm place to sleep.
"I had a little delay," Hardesty said. He didn't see the blonde
anywhere. She was inside the building.
"Well, come on in."
People came from all over Manhattan to see the Lever Brothers
stump. Miraculously, some of the green-tinted glass was still whole.
No one could explain this except to say it was a freak of concussion,
and it had happened, hadn't it? The few panes which remained were
almost the only unbroken panes of glass in New York City.
It was green in there, and dim. Looking out through the glass, the
snow resembled tons of chopped spinach coming down. The blonde's
hair was green. Her skin was green, and her eyes. She had a hard
cold look on her face now.
"Well?" she said.
Hardesty began to empty his pockets for the divvy up.
Someone said, "Stop right there! Hold it."
The man was big and had probably used many times with success
the gun he carried in his fist. It was the man who had spoken. He
covered Hardesty with the gun while the blonde hastily went through
the booty they had found.
"You're being held under city ordinance 217," the big man told
Hardesty. Ordinance 217 was concerned with gun-jumping or aiding a
gun-jumper. The penalty was death.

Not long afterwards, Hardesty was bound to a firing post near the
embankment of a crater close to the Lever Brothers stump, but far
enough away so none of the glass would be shattered. The firing
squad lined up. The blonde girl was third from the right. Hardesty
hoped someone would aim for his stomach and the others would
miss. If he had to die, he wanted to die painfully.
"Ready!" barked the squad leader. Hardesty wasn't sure, but thought
he was the same man who had led that other squad.
"Aim...."
Time was suspended again. Even more for the condemned.
And then, before the squad leader could shout "fire!" Hardesty heard
a gunshot. He didn't feel the bullet go in, but as he slumped forward
away from the firing post he felt a warm wetness, and no other
sensation, in his chest. With a final effort of will he looked up and saw
the blonde girl's face. There was a faint smile tugging at the corners
of her lips. All at once Hardesty knew. She had probably taken