|
U.S. Constitution
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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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. (See Note 2) 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.
Clause 4: When vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of Election
to fill such Vacancies.
Clause 5: The House of Representatives shall chuse their Speaker
and other Officers; and shall have the sole Power of Impeachment.
Section. 3.
Clause 1: The Senate of the United States shall be composed of
two Senators from each State, chosen by the Legislature thereof,
(See Note 3) for six Years; and each Senator shall have one Vote.
Clause 2: 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. (See Note 4)
Clause 3: 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.
Clause 4: The Vice President of the United States shall be President
of the Senate, but shall have no Vote, unless they be equally
divided.
Clause 5: 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.
Clause 6: 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.
Clause 7: 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.
Clause 1: 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.
Clause 2: The Congress shall assemble at least once in every
Year, and such Meeting shall be on the first Monday in December,
(See Note 5) unless they shall by Law appoint a different Day.
Section. 5.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 4: 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.
Clause 1: 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. (See Note 6) They shall in
all Cases, except Treason, Felony and Breach of the Peace, beprivileged
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.
Clause 2: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 1: 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;
Clause 2: To borrow Money on the credit of the United States;
Clause 3: To regulate Commerce with foreign Nations, and among
the several States, and with the Indian Tribes;
Clause 4: To establish an uniform Rule of Naturalization, and
uniform Laws on the subject of Bankruptcies throughout the United
States;
Clause 5: To coin Money, regulate the Value thereof, and of foreign
Coin, and fix the Standard of Weights and Measures;
Clause 6: To provide for the Punishment of counterfeiting the
Securities and current Coin of the United States;
Clause 7: To establish Post Offices and post Roads;
Clause 8: 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;
Clause 9: To constitute Tribunals inferior to the supreme Court;
Clause 10: To define and punish Piracies and Felonies committed
on the high Seas, and Offences against the Law of Nations;
Clause 11: To declare War, grant Letters of Marque and Reprisal,
and make Rules concerning Captures on Land and Water;
Clause 12: To raise and support Armies, but no Appropriation
of Money to that Use shall be for a longer Term than two Years;
Clause 13: To provide and maintain a Navy;
Clause 14: To make Rules for the Government and Regulation of
the land and naval Forces;
Clause 15: To provide for calling forth the Militia to execute
the Laws of the Union, suppress Insurrections and repel Invasions;
Clause 16: 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;
Clause 17: To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles square) as may, byCession
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
Clause 18: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: No Bill of Attainder or ex post facto Law shall be
passed.
Clause 4: No Capitation, or other direct, Tax shall be laid,
unless in Proportion to the Census or Enumeration herein before
directed to be taken. (See Note 7)
Clause 5: No Tax or Duty shall be laid on Articles exported from
any State.
Clause 6: 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.
Clause 7: 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.
Clause 8: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 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
Clause 2: 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.
Clause 3: 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. (See Note 8)
Clause 4: 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.
Clause 5: 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.
Clause 6: 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, (See Note 9) the Same shall devolve
on the VicePresident, 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.
Clause 7: 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.
Clause 8: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 1: 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; (See Note 10)--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.
Clause 2: 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.
Clause 3: 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.
Clause 1: 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.
Clause 2: 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.
Clause 1: The Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in the several States.
Clause 2: 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.
Clause 3: 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. (See Note 11)
Section. 3.
Clause 1: 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.
Clause 2: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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,
GO WASHINGTON--Presidt. and deputy from Virginia
[Signed also by the deputies of twelve States.]
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 1ACotesworth 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
Attest William Jackson Secretary
|