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The Constitution of
the United States
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 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 Section 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 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, 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 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 encreased
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 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 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,
any Thing in the Constitution or Laws of any State to the Contrary notwith-standing.
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,
George Washington - President
and deputy from Virginia
New Hampshire: John Langdon,
Nicholas Gilman
Massachusetts: Nathaniel
Gorham, Rufus King
Connecticut: William Samuel
Johnson, Roger Sherman
New York: Alexander Hamilton
New Jersey: William Livingston,
David Brearly, William Paterson, Jonathan Dayton
Pennsylvania: Benjamin
Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas FitzSimons, Jared
Ingersoll, James Wilson, Gouverneur Morris
Delaware: George Read,
Gunning Bedford, Jr., John Dickinson, Richard Bassett, Jacob Broom
Maryland: James McHenry,
Daniel of Saint Thomas Jenifer, Daniel Carroll
Virginia: John Blair,
James Madison, Jr.
North Carolina: William
Blount, Richard Dobbs Spaight, Hugh Williamson
South Carolina: John Rutledge,
Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler
Georgia: William Few,
Abraham Baldwin
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