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 choose 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 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 choose 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 choosing 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 behavior, 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 increased 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 defense 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 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,
dockyards, 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 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 anything but gold and silver coin a tender
in payment of debts; pass any bill of attainder, ex post facto
law, or law impairing the obligation of contracts, or grant
any title of nobility.
No
state shall, without the consent of the Congress, lay any
imposts or duties on imports or exports, except what may be
absolutely necessary for executing its inspection laws: and
the net produce of all duties and imposts, laid by any state
on imports or exports, shall be for the use of the treasury
of the United States; and all such laws shall be subject to
the revision and control 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
choose 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 choose the President. But
in choosing the President, the votes shall be taken by States,
the representation from each state having one vote; A quorum
for this purpose shall consist of a member or members from
two thirds of the states, and a majority of all the states
shall be necessary to a choice. 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 choose from them by ballot the Vice President.
The Congress may determine the time of choosing 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 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 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 labor 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 labor, but shall be delivered up on claim of the
party to whom such service or labor may be due.
Section 3. New states may be admitted by the Congress
into this union; but no new states 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, anything 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-Presidt. 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 Brearly, 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 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
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