The Constitution of the United States
We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for
the common defense, promote the general Welfare, and secure the
Blessings of Liberty to ourselves and our Posterity, do ordain and
establish this Constitution for the United States of America.
**** Article
I. ****
Section 1. All legislative
Powers herein granted shall be vested in a Congress of the United
States, which shall consist of a Senate and a 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 Sate 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 Officer; 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 small 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 becomes 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 a uniform Rule of Naturalization,
and uniform Laws on the subject of Bankruptcies throughout the United
States;
To coin Money, regulate the Value thereof,
and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting
the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful
Arts, by securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the
supreme Court;
To define and punish Piracies and Felonies
committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque
and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation
of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation
of the land and naval Forces;
To provide for calling forth the Militia
to execute the Laws of the Union, suppress Insurrections and repel
Invasions;
To provide for organizing, arming, and disciplining,
the Militia, and for governing such Part of them as may be employed
in the Service of the United States, reserving to the States respectively,
the Appointment of the Officer, 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, an 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 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.
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 have 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 State.
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 evolve
on the Vice President, and the Congress may by Law provide for the
Case of Removal, Death, Resignation or Inability, both of the President
and Vice President, declaring what Officer shall then act as President,
and such Officer shall act accordingly, until the Disability be
removed, or a President shall be elected.]*
The President shall, at stated Times, receive
for his Services, a Compensation, which shall neither be increased
nor diminished during the Period for which he shall have been elected,
and he shall not receive within that Period any other Emolument
from the United States, or any of them.
Before he enter on the Execution of his
Office, he shall take the following Oath or Affirmation: - "I
do solemnly swear (or affirm) that I will faithfully execute the
Office of President of the United States, and will to the best of
my Ability, preserve, protect and defend the Constitution of the
United States."
Section 2. The President
shall be Commander in Chief of the Army and Navy of the United States,
and of the Militia of the several States, when called into the actual
Service of the United States; he may require the Opinion, in writing,
of the principal Officer in each of the executive Departments, upon
any Subject relating to the Duties of their respective Offices,
and he shall have Power to grant Reprieves and Pardons for Offenses
against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice
and Consent of the Senate, to make Treaties, provided two thirds
of the Senators present concur; and he shall nominate, and by and
with the Advice and Consent of the Senate, shall appoint Ambassadors,
other public Ministers and Consuls, Judges of the supreme Court,
and all other Officers of the United States, whose Appointments
are not herein otherwise provided for, and which shall be established
by Law: but the Congress may by Law vest the Appointment of such
inferior Officer, as they think proper, in the President alone,
in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up
all Vacancies that may happen during the Recess of the Senate, by
granting Commissions which shall expire at the End of their next
Session.
Section 3. He shall from
time to time give to the Congress Information of the State of the
Union, and recommend to their Consideration such Measures as he
shall judge necessary and expedient; he may, on extraordinary Occasions,
convene both Houses, or either of them, and in Case of Disagreement
between them, with Respect to the Time of Adjournment, he may adjourn
them to such Time as he shall think proper; he shall receive Ambassadors
and other public Ministers; he shall take Care that the Laws be
faithfully executed, and shall Commission all the Officers of the
United States.
Section 4. The President,
Vice President and all civil Officers of the United States, shall
be removed from Office on Impeachment for, and Conviction of, Treason,
Bribery, or other high Crimes and Misdemeanors.
****
Article III. ****
Section 1. The judicial
Power of the United States, shall be vested in one supreme Court,
and in such inferior Courts as the Congress may from time to time
ordain and establish. The Judges, both of the supreme and inferior
Courts, shall hold their Offices during good Behaviour, and shall,
at stated Times, receive for their Services, a Compensation, which
shall not be diminished during their Continuance in Office.
Section 2. The judicial
Power shall extend to all Cases, in Law and Equity, arising under
this Constitution, the Laws of the United States, and Treaties made,
or which shall be made, under their Authority;-to all Cases affecting
Ambassadors, other public Ministers and Consuls;-to all Case 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;-]*
In all Cases affecting Ambassadors, other
public Ministers and Consuls, and those in which a State shall be
Party, the supreme Court shall have original Jurisdiction. In all
the other Cases before mentioned, the supreme Court shall have appellate
Jurisdiction, both as to Law and Fact, with such Exceptions, and
under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases
of Impeachment; shall be by Jury; and such Trial shall be held in
the State where the said Crimes shall have been committed; but when
not committed within any State, the Trial shall be at such Place
or Places as the Congress may by Law have directed.
Section 3. Treason against
the United States, shall consist only in levying War against them,
or in adhering to their Enemies, giving them Aid and Comfort. No
Person shall be convicted of Treason unless on the Testimony of
two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare
the Punishment of Treason, but no Attainder of Treason shall work
Corruption of Blood, or Forfeiture except during the Life of the
Person attainted.
****
Article IV. ****
Section 1. Full Faith
and Credit shall be given in each State to the public Acts, Records,
and judicial Proceedings of every other State; And the Congress
may by general Laws prescribe the Manner in which such Acts, Records
and Proceedings shall be proved, and the Effect thereof.
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 upon on Claim of
the Party to whom such Service or Labour may be due.]*
Section 3. New States
may be admitted by the Congress into this Union; but no new State
shall be formed or erected within the Jurisdiction of any other
State; nor any State be formed by the Junction of two or more States,
or Parts of States, without the Consent of the Legislatures of the
States concerned as well as of the Congress.
The Congress shall have Power to dispose
of and make all needful Rules and Regulations respecting the Territory
or other Property belonging to the United States; and nothing in
this Constitution shall be so construed as to Prejudice any Claims
of the United States, or of any particular State.
Section 4. The United
States shall guarantee to every State in this Union a Republican
Form of Government, and shall protect each of them against Invasion;
and on Application of the Legislature, or of the Executive (when
the Legislature cannot be convened) against domestic Violence.
****
Article V. ****
The Congress, whenever two thirds of both
Houses shall deem it necessary, shall propose Amendments to this
Constitution, or, on the Application of the Legislatures of two
thirds of the several States, shall call a Convention for proposing
Amendments, which, in either Case, shall be valid to all Intents
and Purposes, as Part of this Constitution, when ratified by the
Legislatures of three fourths of the several States, or by Conventions
in three fourths thereof, as the one or the other Mode of Ratification
may be proposed by the Congress; Provided that no Amendment which
may be made prior to the Year One thousand eight hundred and eight
shall in any Manner affect the first and fourth Clauses in the Ninth
Section of the first Article; and that no State, without its Consent,
shall be deprived of it's equal Suffrage in the Senate.
****
Article VI. ****
All Debts contracted and Engagements entered
into, before the Adoption of this Constitution, shall be as valid
against the United States under this Constitution, as under the
Confederation.
This Constitution, and the laws of the United
States which shall be made in Pursuance thereof; and all Treaties
made, or which shall be made, under the Authority of the United
States, shall be the supreme Law of the Land; and the Judges in
every State shall be bound thereby, any Thing in the Constitution
or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before
mentioned, and the Members of the several State Legislatures, and
all executive and judicial Officers, both of the United States and
of the several States, shall be bound by Oath or Affirmation, to
support this Constitution; but no religious Test shall ever be required
as a Qualification to any Office or public Trust under the United
States.
****
Article VII. ****
The Ratification of the Conventions of
nine States, shall be sufficient for the Establishment of this Constitution
between the States so ratifying the Same.
done in Convention by the Unanimous Consent
of the States present the Seventeenth Day of September in the Year
of our Lord one thousand seven hundred and Eighty seven and of the
Independence of the United States of America the Twelfth In Witness
whereof We have hereunto subscribed our Names,
G. Washington-Presid.
and deputy from Virginia
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
Connecticut
Wm. Saml. Johnson
Roger Sherman
New York
Alexander Hamilton
New Jersey
Wil: Livingston
David Brearley
Wm. Paterson
Jona: Dayton
Pennsylvania
B Franklin
Thomas Mifflin
Robt Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris |
Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Basset
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 Cotesworth Pinckney
Charles Pinckney
Pierce Butler
Georgia
William Few
Abr Baldwin |
Attest William Jackson Secretary
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