THE UNITED STATES CONSTITUTION
------------------------------------------------------------------------
(See Note 1)
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 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.
Clause 1: 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.
Residency of Representatives
Clause 2: 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.
Clause 3: 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. (See Note 2) 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.
Clause 4: When vacancies happen
in the Representation from any State, the Executive Authority thereof shall
issue Writs of Election to fill such Vacancies.
Clause 5: The House of Representatives
shall chuse their Speaker and other Officers; and shall have the sole Power
of Impeachment.
Section. 3.
Clause 1: The Senate of the United
States shall be composed of two Senators from each State, chosen by the Legislature
thereof, (See Note 3) for six Years; and each Senator shall have one Vote.
Clause 2: 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. (See
Note 4)
Clause 3: 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.
Clause 4: The Vice President of
the United States shall be President of the Senate, but shall have no Vote,
unless they be equally divided.
Clause 5: 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.
Clause 6: 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.
Clause 7: 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.
Clause 1: 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.
Clause 2: The Congress shall assemble
at least once in every Year, and such Meeting shall be on the first Monday in
December, (See Note 5) unless they shall by Law appoint a different Day.
Section. 5.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 4: 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.
Clause 1: 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. (See Note 6) They shall in all Cases, except Treason, Felony
and Breach of the Peace, beprivileged 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.
Clause 2: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 1: 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;
Clause 2: To borrow Money on the
credit of the United States;
Clause 3: To regulate Commerce with
foreign Nations, and among the several States, and with the Indian Tribes;
Clause 4: To establish an uniform
Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout
the United States;
Clause 5: To coin Money, regulate
the Value thereof, and of foreign Coin, and fix the Standard of Weights and
Measures;
Clause 6: To provide for the Punishment
of counterfeiting the Securities and current Coin of the United States;
Clause 7: To establish Post Offices
and post Roads;
Clause 8: 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;
Clause 9: To constitute Tribunals
inferior to the supreme Court;
Clause 10: To define and punish
Piracies and Felonies committed on the high Seas, and Offences against the Law
of Nations;
Clause 11: To declare War, grant
Letters of Marque and Reprisal, and make Rules concerning Captures on Land and
Water;
Clause 12: To raise and support
Armies, but no Appropriation of Money to that Use shall be for a longer Term
than two Years;
Clause 13: To provide and maintain
a Navy;
Clause 14: To make Rules for the
Government and Regulation of the land and naval Forces;
Clause 15: To provide for calling
forth the Militia to execute the Laws of the Union, suppress Insurrections and
repel Invasions;
Clause 16: 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 disciplineprescribed
by Congress;
Clause 17:
To exercise exclusive Legislation in all Cases whatsoever, over such District
(not exceeding ten Miles square) as may, byCession 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
Clause 18: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: No Bill of Attainder or
ex post facto Law shall be passed.
Clause 4: No Capitation, or other
direct, Tax shall be laid, unless in Proportion to the Census or Enumeration
herein before directed to be taken. (See Note 7)
Clause 5: No Tax or Duty shall be
laid on Articles exported from any State.
Clause 6: 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.
Clause 7: 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.
Clause 8: 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.
Clause 1: 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.
Clause 2: 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 it's 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.
Clause 3: 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.
of the United States, which shall
consist of a Senate and House of Representatives.
Section. 2.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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. (See Note 2) 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.
Clause 4: When vacancies happen
in the Representation from any State, the Executive Authority thereof shall
issue Writs of Election to fill such Vacancies.
Clause 5: The House of Representatives
shall chuse their Speaker and other Officers; and shall have the sole Power
of Impeachment.
Section. 3.
Clause 1: The Senate of the United
States shall be composed of two Senators from each State, chosen by the Legislature
thereof, (See Note 3) for six Years; and each Senator shall have one Vote.
Clause 2: 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. (See
Note 4)
Clause 3: 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.
Clause 4: The Vice President of
the United States shall be President of the Senate, but shall have no Vote,
unless they be equally divided.
Clause 5: 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.
Clause 6: 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.
Clause 7: 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.
Clause 1: 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.
Clause 2: The Congress shall assemble
at least once in every Year, and such Meeting shall be on the first Monday in
December, (See Note 5) unless they shall by Law appoint a different Day.
Section. 5.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 4: 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.
Clause 1: 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. (See Note 6) They shall in all
Cases, except Treason, Felony and Breach of the Peace, beprivileged 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.
Clause 2: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 1: 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;
Clause 2: To borrow Money on the
credit of the United States;
Clause 3: To regulate Commerce with
foreign Nations, and among the several States, and with the Indian Tribes;
Clause 4: To establish an uniform
Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout
the United States;
Clause 5: To coin Money, regulate
the Value thereof, and of foreign Coin, and fix the Standard of Weights and
Measures;
Clause 6: To provide for the Punishment
of counterfeiting the Securities and current Coin of the United States;
Clause 7: To establish Post Offices
and post Roads;
Clause 8: 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;
Clause 9: To constitute Tribunals
inferior to the supreme Court;
Clause 10: To define and punish
Piracies and Felonies committed on the high Seas, and Offences against the Law
of Nations;
Clause 11: To declare War, grant
Letters of Marque and Reprisal, and make Rules concerning Captures on Land and
Water;
Clause 12: To raise and support
Armies, but no Appropriation of Money to that Use shall be for a longer Term
than two Years;
Clause 13: To provide and maintain
a Navy;
Clause 14: To make Rules for the
Government and Regulation of the land and naval Forces;
Clause 15: To provide for calling
forth the Militia to execute the Laws of the Union, suppress Insurrections and
repel Invasions;
Clause 16: 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;
Clause 17: To exercise exclusive
Legislation in all Cases whatsoever, over such District (not exceeding ten Miles
square) as may, byCession 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
Clause 18: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: No Bill of Attainder or
ex post facto Law shall be passed.
Clause 4: No Capitation, or other
direct, Tax shall be laid, unless in Proportion to the Census or Enumeration
herein before directed to be taken. (See Note 7)
Clause 5: No Tax or Duty shall be
laid on Articles exported from any State.
Clause 6: 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.
Clause 7: 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.
Clause 8: 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.
Clause 1: 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.
Clause 2: 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 it's 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.
Clause
3: 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.
Clause 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
Clause 2: 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.
Clause 3: 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. (See Note
8)
Clause 4: 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.
Clause 5: 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.
Clause 6: 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, (See Note 9) the Same shall
devolve on the VicePresident, 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.
Clause 7: 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.
Clause 8: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 1: 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; (See Note 10)--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.
Clause 2: 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.
Clause 3: 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.
Clause 1: 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.
Clause 2: 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.
Clause 1: The Citizens of each State
shall be entitled to all Privileges and Immunities of Citizens in the several
States.
Clause 2: 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.
Clause 3: 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. (See Note 11)
Section. 3.
Clause 1: 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.
Clause 2: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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--Presidt. and deputy from Virginia
[Signed also by the deputies of twelve States.]
Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
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 1ACotesworth Pinckney
Charles Pinckney
Pierce Butler.
Georgia
William Few
Abr Baldwin
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
Connecticut
WM. SamL. Johnson
Roger Sherman
New York
Alexander Hamilton
New Jersey
Wil: Livingston
David Brearley.
WM. Paterson.
Jona: Dayton
Pennsylvania
B Franklin
Thomas Mifflin
RobT Morris
Geo. Clymer
ThoS. FitzSimons
Jared Ingersoll
James Wilson.
Gouv Morris
Attest William Jackson Secretary
Note 1: This text of the Constitution
follows the engrossed copy signed by Gen. Washington and the deputies from 12
States. The small superior figures preceding the paragraphs designate Clauses,
and were not in the original and have no reference to footnotes.
The Constitution was adopted by a convention of the States on September 17,
1787, and was subsequently ratified by the several States, on the following
dates: Delaware, December 7, 1787; Pennsylvania, December 12, 1787; New Jersey,
December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts,
February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 1788; New
Hampshire, June 21, 1788.
Ratification was completed on June 21, 1788.
The Constitution was subsequently ratified by Virginia, June 25, 1788; New York,
July 26, 1788; North Carolina, November 21, 1789; Rhode Island, May 29, 1790;
and Vermont, January 10, 1791.
In May 1785, a committee of Congress made a report recommending an alteration
in the Articles of Confederation, but no action was taken on it, and it was
left to the State Legislatures to proceed in the matter. In January 1786, the
Legislature of Virginia passed a resolution providing for the appointment of
five commissioners, who, or any three of them, should meet such commissioners
as might be appointed in the other States of the Union, at a time and place
to be agreed upon, to take into consideration the trade of the United States;
to consider how far a uniform system in their commercial regulations may be
necessary to their common interest and their permanent harmony; and to report
to the several States such an act, relative to this great object, as, when ratified
by them, will enable the United States in Congress effectually to provide for
the same. The Virginia commissioners, after some correspondence, fixed the first
Monday in September as the time, and the city of Annapolis as the place for
the meeting, but only four other States were represented, viz: Delaware, New
York, New Jersey, and Pennsylvania; the commissioners appointed by Massachusetts,
New Hampshire, North Carolina, and Rhode Island failed to attend. Under the
circumstances of so partial a representation, the commissioners present agreed
upon a report, (drawn by Mr. Hamilton, of New York,) expressing their unanimous
conviction that it might essentially tend to advance the interests of the Union
if the States by which they were respectively delegated would concur, and use
their endeavors to procure the concurrence of the other States, in the appointment
of commissioners to meet at Philadelphia on the Second Monday of May following,
to take into consideration the situation of the United States; to devise such
further provisions as should appear to them necessary to render the Constitution
of the Federal Government adequate to the exigencies of the Union; and to report
such an act for that purpose to the United States in Congress assembled as,
when agreed to by them and afterwards confirmed by the Legislatures of every
State, would effectually provide for the same.
Congress, on the 21st of February, 1787, adopted a resolution in favor of a
convention, and the Legislatures of those States which had not already done
so (with the exception of Rhode Island) promptly appointed delegates. On the
25th of May, seven States having convened, George Washington, of Virginia, was
unanimously elected President, and the consideration of the proposed constitution
was commenced. On the 17th of September, 1787, the Constitution as engrossed
and agreed upon was signed by all the members present, except Mr. Gerry of Massachusetts,
and Messrs. Mason and Randolph, of Virginia. The president of the convention
transmitted it to Congress, with a resolution stating how the proposed Federal
Government should be put in operation, and an explanatory letter. Congress,
on the 28th of September, 1787, directed the Constitution so framed, with the
resolutions and letter concerning the same, to "be transmitted to the several
Legislatures in order to be submitted to a convention of delegates chosen in
each State by the people thereof, in conformity to the resolves of the convention."
On the 4th of March, 1789, the day which had been fixed for commencing the operations
of Government under the new Constitution, it had been ratified by the conventions
chosen in each State to consider it, as follows: Delaware, December 7, 1787;
Pennsylvania, December 12, 1787; New Jersey, December 18, 1787; Georgia, January
2, 1788; Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland,
April 28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788;
Virginia, June 25, 1788; and New York, July 26, 1788.
The President informed Congress, on the 28th of January, 1790, that North Carolina
had ratified the Constitution November 21, 1789; and he informed Congress on
the 1st of June, 1790, that Rhode Island had ratified the Constitution May 29,
1790. Vermont, in convention, ratified the Constitution January 10, 1791, and
was, by an act of Congress approved February 18, 1791, "received and admitted
into this Union as a new and entire member of the United States."
Note 2: The part of this Clause
relating to the mode of apportionment of representatives among the several States
has been affected by Section 2 of amendment XIV, and as to taxes on incomes
without apportionment by amendment XVI.
Note 3: This Clause has been affected
by Clause 1 of amendment XVII.
Note 4: This Clause has been affected
by Clause 2 of amendment XVIII.
Note 5: This Clause has been affected
by amendment XX.
Note 6: This Clause has been affected
by amendment XXVII.
Note 7: This Clause has been affected
by amendment XVI.
Note 8: This Clause has been superseded
by amendment XII.
Note 9: This Clause has been affected
by amendment XXV.
Note 10: This Clause has been affected
by amendment XI.
Note 11: This Clause has been affected
by amendment XIII.
Note 12: The first ten amendments
to the Constitution of the United States (and two others, one of which failed
of ratification and the other which later became the 27th amendment) were proposed
to the legislatures of the several States by the First
Congress on September 25, 1789.
The first ten amendments were ratified by the following States, and the notifications
of ratification by the Governors thereof were successively communicated by the
President to Congress: New Jersey, November 20, 1789; Maryland, December 19,
1789; North Carolina, December 22, 1789; South Carolina, January 19, 1790; New
Hampshire, January 25, 1790; Delaware, January 28, 1790; New York, February
24, 1790; Pennsylvania, March 10, 1790; Rhode Island, June 7, 1790; Vermont,
November 3, 1791; and Virginia, December 15, 1791.
Ratification was completed on December 15, 1791.
The amendments were subsequently ratified by the legislatures of Massachusetts,
March 2, 1939; Georgia, March 18, 1939; and Connecticut, April 19, 1939.
Note 13: Only the 13th, 14th, 15th, and 16th articles of amendment had numbers
assigned to them at the time of ratification.
Note 14: This sentence has been superseded by section 3 of amendment XX.
Note 15: See amendment XIX and section 1 of amendment XXVI.
Note 16: Repealed by section 1 of amendment XXI.
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