We the People of the United States, in
Order to form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the common defence,
promote the general Welfare, and secure the Blessings of
Liberty to ourselves and our Posterity, do ordain and establish
this Constitution for the United States of America.
Article. I.
Section. 1.
All legislative Powers herein granted shall be vested in
a Congress of the United States, which shall consist
of a Senate and House of Representatives.
Section. 2.
The House of Representatives shall be composed of Members
chosen every second Year by the People of the several
States, and the Electors in each State shall have the
Qualifications requisite for Electors of the most numerous
Branch of the State Legislature.
No Person shall be a Representative who
shall not have attained to the Age of twenty five Years,
and been seven Years a Citizen of the United States, and
who shall not, when elected, be an Inhabitant of that State
in which he shall be chosen.
Representatives and direct Taxes shall be apportioned among
the several States which may be included within this Union,
according to their respective Numbers, which shall be determined
by adding to the whole Number of free Persons, including
those bound to Service for a Term of Years, and excluding
Indians not taxed, three fifths of all other Persons. The
actual Enumeration shall be made within three Years after
the first Meeting of the Congress of the United States,
and within every subsequent Term of ten Years, in such
Manner as they shall by Law direct. The Number of Representatives
shall not exceed one for every thirty Thousand, but each
State shall have at Least one Representative; and until
such enumeration shall be made, the State of New Hampshire
shall be entitled to chuse three, Massachusetts eight,
Rhode-Island and Providence Plantations one, Connecticut
five, New-York six, New Jersey four, Pennsylvania eight,
Delaware one, Maryland six, Virginia ten, North Carolina
five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State,
the Executive Authority thereof shall issue Writs of Election
to fill such Vacancies.
The House of Representatives shall chuse
their Speaker and other Officers; and shall have the sole
Power of Impeachment.
Section. 3.
The Senate of the United States shall be composed of two
Senators from each State, chosen by the Legislature thereof
for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled
in Consequence of the first Election, they shall be divided
as equally as may be into three Classes. The Seats of the
Senators of the first Class shall be vacated at the Expiration
of the second Year, of the second Class at the Expiration
of the fourth Year, and of the third Class at the Expiration
of the sixth Year, so that one third may be chosen every
second Year; and if Vacancies happen by Resignation, or
otherwise, during the Recess of the Legislature of any
State, the Executive thereof may make temporary Appointments
until the next Meeting of the Legislature, which shall
then fill such Vacancies.
No Person shall be a Senator who shall
not have attained to the Age of thirty Years, and been
nine Years a Citizen of the United States, and who shall
not, when elected, be an Inhabitant of that State for which
he shall be chosen.
The Vice President of the United States
shall be President of the Senate, but shall have no Vote,
unless they be equally divided.
The Senate shall chuse their other Officers, and also a
President pro tempore, in the Absence of the Vice President,
or when he shall exercise the Office of President of the
United States.
The Senate shall have the sole Power to
try all Impeachments. When sitting for that Purpose, they
shall be on Oath or Affirmation. When the President of
the United States is tried, the Chief Justice shall preside:
And no Person shall be convicted without the Concurrence
of two thirds of the Members present.
Judgment in Cases of Impeachment shall
not extend further than to removal from Office, and disqualification
to hold and enjoy any Office of honor, Trust or Profit
under the United States: but the Party convicted shall
nevertheless be liable and subject to Indictment, Trial,
Judgment and Punishment, according to Law.
Section. 4.
The Times, Places and Manner of holding Elections for Senators
and Representatives, shall be prescribed in each State
by the Legislature thereof; but the Congress may at any
time by Law make or alter such Regulations, except as
to the Places of chusing Senators.
The Congress shall assemble at least once
in every Year, and such Meeting shall be on the first Monday
in December, unless they shall by Law appoint a different
Day.
Section. 5.
Each House shall be the Judge of the Elections, Returns
and Qualifications of its own Members, and a Majority
of each shall constitute a Quorum to do Business; but
a smaller Number may adjourn from day to day, and may
be authorized to compel the Attendance of absent Members,
in such Manner, and under such Penalties as each House
may provide.
Each House may determine the Rules of
its Proceedings, punish its Members for disorderly Behaviour,
and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its
Proceedings, and from time to time publish the same, excepting
such Parts as may in their Judgment require Secrecy; and
the Yeas and Nays of the Members of either House on any
question shall, at the Desire of one fifth of those Present,
be entered on the Journal.
Neither House, during the Session of Congress,
shall, without the Consent of the other, adjourn for more
than three days, nor to any other Place than that in which
the two Houses shall be sitting.
Section. 6.
The Senators and Representatives shall receive a Compensation
for their Services, to be ascertained by Law, and paid
out of the Treasury of the United States. They shall
in all Cases, except Treason, Felony and Breach of the
Peace, be privileged from Arrest during their Attendance
at the Session of their respective Houses, and in going
to and returning from the same; and for any Speech or
Debate in either House, they shall not be questioned
in any other Place.
No Senator or Representative shall, during
the Time for which he was elected, be appointed to any
civil Office under the Authority of the United States,
which shall have been created, or the Emoluments whereof
shall have been encreased during such time; and no Person
holding any Office under the United States, shall be a
Member of either House during his Continuance in Office.
Section. 7.
All Bills for raising Revenue shall originate in the House
of Representatives; but the Senate may propose or concur
with Amendments as on other Bills.
Every Bill which shall have passed the
House of Representatives and the Senate, shall, before
it become a Law, be presented to the President of the United
States: If he approve he shall sign it, but if not he shall
return it, with his Objections to that House in which it
shall have originated, who shall enter the Objections at
large on their Journal, and proceed to reconsider it. If
after such Reconsideration two thirds of that House shall
agree to pass the Bill, it shall be sent, together with
the Objections, to the other House, by which it shall likewise
be reconsidered, and if approved by two thirds of that
House, it shall become a Law. But in all such Cases the
Votes of both Houses shall be determined by yeas and Nays,
and the Names of the Persons voting for and against the
Bill shall be entered on the Journal of each House respectively.
If any Bill shall not be returned by the President within
ten Days (Sundays excepted) after it shall have been presented
to him, the Same shall be a Law, in like Manner as if he
had signed it, unless the Congress by their Adjournment
prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which
the Concurrence of the Senate and House of Representatives
may be necessary (except on a question of Adjournment)
shall be presented to the President of the United States;
and before the Same shall take Effect, shall be approved
by him, or being disapproved by him, shall be repassed
by two thirds of the Senate and House of Representatives,
according to the Rules and Limitations prescribed in the
Case of a Bill.
Section. 8.
The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide
for the common Defence and general Welfare of the United
States; but all Duties, Imposts and Excises shall be
uniform throughout the United States;
To borrow Money on the credit of the
United States;
To regulate Commerce with foreign Nations, and among
the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform
Laws on the subject of Bankruptcies throughout the United
States;
To coin Money, regulate the Value thereof, and of foreign
Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities
and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed
on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal,
and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of
Money to that Use shall be for a longer Term than two
Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the
land and naval Forces;
To provide for calling forth the Militia to execute the
Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining,
the Militia, and for governing such Part of them as may
be employed in the Service of the United States, reserving
to the States respectively, the Appointment of the Officers,
and the Authority of training the Militia according to
the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles square) as
may, by Cession of particular States, and the Acceptance
of Congress, become the Seat of the Government of the
United States, and to exercise like Authority over all
Places purchased by the Consent of the Legislature of
the State in which the Same shall be, for the Erection
of Forts, Magazines, Arsenals, dock-Yards, and other
needful Buildings;--And
To make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powers, and
all other Powers vested by this Constitution in the Government
of the United States, or in any Department or Officer
thereof.
Section. 9.
The Migration or Importation of such Persons as any of
the States now existing shall think proper to admit,
shall not be prohibited by the Congress prior to the
Year one thousand eight hundred and eight, but a Tax
or duty may be imposed on such Importation, not exceeding
ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus
shall not be suspended, unless when in Cases of Rebellion
or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto
Law shall be passed.
No Capitation, or other direct, Tax shall
be laid, unless in Proportion to the Census or enumeration
herein before directed to be taken.
No Tax or Duty shall be laid on Articles
exported from any State.
No Preference shall be given by any Regulation
of Commerce or Revenue to the Ports of one State over those
of another; nor shall Vessels bound to, or from, one State,
be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury,
but in Consequence of Appropriations made by Law; and a
regular Statement and Account of the Receipts and Expenditures
of all public Money shall be published from time to time.
No Title of Nobility shall be granted
by the United States: And no Person holding any Office
of Profit or Trust under them, shall, without the Consent
of the Congress, accept of any present, Emolument, Office,
or Title, of any kind whatever, from any King, Prince,
or foreign State.
Section. 10.
No State shall enter into any Treaty, Alliance, or Confederation;
grant Letters of Marque and Reprisal; coin Money; emit
Bills of Credit; make any Thing but gold and silver Coin
a Tender in Payment of Debts; pass any Bill of Attainder,
ex post facto Law, or Law impairing the Obligation of
Contracts, or grant any Title of Nobility.
No State shall, without the Consent of
the Congress, lay any Imposts or Duties on Imports or Exports,
except what may be absolutely necessary for executing 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
Presidt 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
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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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