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 [Modified by Amendment XIV].
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 [Modified by Amendment
XVII], 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 [Modified by Amendment XVII].
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 [Modified by Amendment XX], 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 [Modified by Amendment XII].
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 [Modified by Amendment XXV].
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 [Modified by Amendment XI];--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 [Modified by
Amendment XIII].
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 [Possibly
abrogated by Amendment XVII].
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,
Go. 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 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 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
J. RUTLEDGE
South Carolina
CHARLES COTESWORTH PINCKNEY
CHARLES PINCKNEY
PIERCE BUTLER
Georgia
WILLIAM FEW
ABR BALDWIN
In Convention Monday, September 17th, 1787.
Present
The States of
New Hampshire, Massachusetts, Connecticut, MR. Hamilton from New York,
New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South
Carolina and Georgia.
Resolved,
That the preceeding Constitution be laid before the United States in Congress
assembled, and that it is the Opinion of this convention, that it should afterwards
be submitted to a Convention of Delegates, chosen in each State by the People
thereof, under the Recommendation of its Legislature, for their Assent and Ratification;
and that each Convention assenting to, and ratifying the Same, should give Notice
thereof to the United States in Congress assembled. Resolved, That it is the
Opinion of this Convention, that as soon as the Conventions of nine States shall
have ratified this Constitution, the United States in Congress assembled should
fix a Day on which Electors should be appointed by the States which have ratified
the same, and a Day on which the Electors should assemble to vote for the President,
and the Time and Place for commencing Proceedings under this Constitution. That
after such Publication the Electors should be appointed, and the Senators and
Representatives elected: That the Electors should meet on the Day fixed for
the Election of the President, and should transmit their Votes certified, signed,
sealed and directed, as the Constitution requires, to the Secretary of the United
States in Congress assembled, that the Senators and Representatives should convene
at the Time and Place assigned; that the Senators should appoint a President
of the Senate, for the sole purpose of receiving, opening and counting the Votes
for President; and, that after he shall be chosen, the Congress, together with
the President, should, without Delay, proceed to execute this constitution.
By the Unanimous Order of the Convention
Go. WASHINGTON--Presidt.
W. JACKSON Secretary.