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Constitution of the United States
of America
We the People of
the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility,
provide for the common defense, promote the general
Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish
this Constitution for the United States of America.
Article. I.
Section. 1.
All legislative Powers herein granted shall
be vested in a Congress of the United States,
which shall consist of a Senate and House of
Representatives.
Section. 2.
The House of Representatives shall be
composed of Members chosen every second Year
by the People of the several States, and the
Electors in each State shall have the
Qualifications requisite for Electors of the
most numerous Branch of the State Legislature.
No Person shall be a
Representative who shall not have attained to
the Age of twenty five Years, and been seven
Years a Citizen of the United States, and who
shall not, when elected, be an Inhabitant of
that State in which he shall be chosen.
Representatives and
direct Taxes shall be apportioned among the
several States which may be included within
this Union, according to their respective
Numbers, which shall be determined by adding
to the whole Number of free Persons,
including those bound to Service for a Term
of Years, and excluding Indians not taxed,
three fifths of all other Persons. The actual
Enumeration shall be made within three Years
after the first Meeting of the Congress of
the United States, and within every
subsequent Term of ten Years, in such Manner
as they shall by Law direct. The Number of
Representatives shall not exceed one for
every thirty Thousand, but each State shall
have at Least one Representative; and until
such enumeration shall be made, the State of
New Hampshire shall be entitled to 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 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 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
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 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.
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.
Article. IV.
Section. 1.
Full Faith and Credit shall be given in each
State to the public Acts, Records, and
judicial Proceedings of every other State.
And the Congress may by general Laws
prescribe the Manner in which such Acts,
Records and Proceedings shall be proved, and
the Effect thereof.
Section. 2.
The Citizens of each State shall be entitled
to all Privileges and Immunities of Citizens
in the several States.
A Person charged in
any State with Treason, Felony, or other
Crime, who shall flee from Justice, and be
found in another State, shall on Demand of
the executive Authority of the State from
which he fled, be delivered up, to be removed
to the State having Jurisdiction of the Crime.
No Person held to
Service or Labour in one State, under the
Laws thereof, escaping into another, shall,
in Consequence of any Law or Regulation
therein, be discharged from such Service or
Labour, but shall be delivered up on Claim of
the Party to whom such Service or Labour may
be due.
Section. 3.
New States may be admitted by the Congress
into this Union; but no new State shall be
formed or erected within the Jurisdiction of
any other State; nor any State be formed by
the Junction of two or more States, or Parts
of States, without the Consent of the
Legislatures of the States concerned as well
as of the Congress.
The Congress shall
have Power to dispose of and make all needful
Rules and Regulations respecting the
Territory or other Property belonging to the
United States; and nothing in this
Constitution shall be so construed as to
Prejudice any Claims of the United States, or
of any particular State.
Section. 4.
The United States shall guarantee to every
State in this Union a Republican Form of
Government, and shall protect each of them
against Invasion; and on Application of the
Legislature, or of the Executive (when the
Legislature cannot be convened), against
domestic Violence.
Article. V.
The Congress,
whenever two thirds of both Houses shall deem
it necessary, shall propose Amendments to
this Constitution, or, on the Application of
the Legislatures of two thirds of the several
States, shall call a Convention for proposing
Amendments, which, in either Case, shall be
valid to all Intents and Purposes, as Part of
this Constitution, when ratified by the
Legislatures of three fourths of the several
States, or by Conventions in three fourths
thereof, as the one or the other Mode of
Ratification may be proposed by the Congress;
Provided that no Amendment which may be made
prior to the Year One thousand eight hundred
and eight shall in any Manner affect the
first and fourth Clauses in the Ninth Section
of the first Article; and that no State,
without its Consent, shall be deprived of its
equal Suffrage in the Senate.
Article. VI.
All Debts contracted
and Engagements entered into, before the
Adoption of this Constitution, shall be as
valid against the United States under this
Constitution, as under the Confederation.
This Constitution,
and the Laws of the United States which shall
be made in Pursuance thereof; and all
Treaties made, or which shall be made, under
the Authority of the United States, shall be
the supreme Law of the Land; and the Judges
in every State shall be bound thereby, any
Thing in the Constitution or Laws of any
State to the Contrary notwithstanding.
The Senators and
Representatives before mentioned, and the
Members of the several State Legislatures,
and all executive and judicial Officers, both
of the United States and of the several
States, shall be bound by Oath or Affirmation,
to support this Constitution; but no
religious Test shall ever be required as a
Qualification to any Office or public Trust
under the United States.
Article. VII.
The Ratification of
the Conventions of nine States, shall be
sufficient for the Establishment of this
Constitution between the States so ratifying
the Same.
The Word, "the,"
being interlined between the seventh and
eighth Lines of the first Page, the Word
"Thirty" being partly written on an
Erazure in the fifteenth Line of the first
Page, The Words "is tried" being
interlined between the thirty second and
thirty third Lines of the first Page and the
Word "the" being interlined between
the forty third and forty fourth Lines of the
second Page.
Attest William
Jackson Secretary
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
President and deputy from Virginia
- 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
Cotesworth 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
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