| ...
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
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
|