Preamble
We the people of the United States, in order to form a more
perfect union, establish justice, insure domestic tranquility, provide for the
common defense, promote the general welfare, and secure the blessings of
liberty to ourselves and our posterity, do ordain and establish this Constitution
for the United States of America.
Article I
Section 1.
All legislative powers herein granted shall be vested in a
Congress of the United States, which shall consist of a Senate and House of
Representatives.
Section 2.
The House of Representatives shall be composed of members
chosen every second year by the people of the several states, and the electors
in each state shall have the qualifications requisite for electors of the most
numerous branch of the state legislature.
No person shall be a Representative who shall not have
attained to the age of twenty five years, and been seven years a citizen of the
United States, and who shall not, when elected, be an inhabitant of that state
in which he shall be chosen.
Representatives and direct taxes shall be apportioned among
the several states which may be included within this union, according to their
respective numbers, which shall be determined by adding to the whole number of
free persons, including those bound to service for a term of years, and
excluding Indians not taxed, three fifths of all other Persons. The actual
Enumeration shall be made within three years after the first meeting of the
Congress of the United States, and within every subsequent term of ten years,
in such manner as they shall by law direct. The number of Representatives shall
not exceed one for every thirty thousand, but each state shall have at least
one Representative; and until such enumeration shall be made, the state of New
Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island
and Providence Plantations one, Connecticut five, New York six, New Jersey
four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North
Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any state,
the executive authority thereof shall issue writs of election to fill such
vacancies.
The House of Representatives shall choose their speaker and
other officers; and shall have the sole power of impeachment.
Section 3.
The Senate of the United States shall be composed of two
Senators from each state, chosen by the legislature thereof, for six years; and
each Senator shall have one vote.
Immediately after they shall be assembled in consequence of
the first election, they shall be divided as equally as may be into three
classes. The seats of the Senators of the first class shall be vacated at the
expiration of the second year, of the second class at the expiration of the
fourth year, and the third class at the expiration of the sixth year, so that
one third may be chosen every second year; and if vacancies happen by
resignation, or otherwise, during the recess of the legislature of any state,
the executive thereof may make temporary appointments until the next meeting of
the legislature, which shall then fill such vacancies.
No person shall be a Senator who shall not have attained to
the age of thirty years, and been nine years a citizen of the United States and
who shall not, when elected, be an inhabitant of that state for which he shall
be chosen.
The Vice President of the United States shall be President
of the Senate, but shall have no vote, unless they be equally divided.
The Senate shall choose their other officers, and also a
President pro tempore, in the absence of the Vice President, or when he shall
exercise the office of President of the United States.
The Senate shall have the sole power to try all
impeachments. When sitting for that purpose, they shall be on oath or
affirmation. When the President of the United States is tried, the Chief
Justice shall preside: And no person shall be convicted without the concurrence
of two thirds of the members present.
Judgment in cases of impeachment shall not extend further
than to removal from office, and disqualification to hold and enjoy any office
of honor, trust or profit under the United States: but the party convicted
shall nevertheless be liable and subject to indictment, trial, judgment and
punishment, according to law.
Section 4.
The times, places and manner of holding elections for
Senators and Representatives, shall be prescribed in each state by the
legislature thereof; but the Congress may at any time by law make or alter such
regulations, except as to the places of choosing Senators.
The Congress shall assemble at least once in every year, and
such meeting shall be on the first Monday in December, unless they shall by law
appoint a different day.
Section 5.
Each House shall be the judge of the elections, returns and
qualifications of its own members, and a majority of each shall constitute a
quorum to do business; but a smaller number may adjourn from day to day, and
may be authorized to compel the attendance of absent members, in such manner,
and under such penalties as each House may provide.
Each House may determine the rules of its proceedings,
punish its members for disorderly behavior, and, with the concurrence of two
thirds, expel a member.
Each House shall keep a journal of its proceedings, and from
time to time publish the same, excepting such parts as may in their judgment
require secrecy; and the yeas and nays of the members of either House on any
question shall, at the desire of one fifth of those present, be entered on the
journal.
Neither House, during the session of Congress, shall,
without the consent of the other, adjourn for more than three days, nor to any
other place than that in which the two Houses shall be sitting.
Section 6.
The Senators and Representatives shall receive a
compensation for their services, to be ascertained by law, and paid out of the
treasury of the United States. They shall in all cases, except treason, felony
and breach of the peace, be privileged from arrest during their attendance at
the session of their respective Houses, and in going to and returning from the
same; and for any speech or debate in either House, they shall not be
questioned in any other place.
No Senator or Representative shall, during the time for
which he was elected, be appointed to any civil office under the authority of
the United States, which shall have been created, or the emoluments whereof
shall have been increased during such time: and no person holding any office
under the United States, shall be a member of either House during his
continuance in office.
Section 7.
All bills for raising revenue shall originate in the House
of Representatives; but the Senate may propose or concur with amendments as on
other Bills.
Every bill which shall have passed the House of
Representatives and the Senate, shall, before it become a law, be presented to
the President of the United States; if he approve he shall sign it, but if not
he shall return it, with his objections to that House in which it shall have
originated, who shall enter the objections at large on their journal, and
proceed to reconsider it. If after such reconsideration two thirds of that
House shall agree to pass the bill, it shall be sent, together with the
objections, to the other House, by which it shall likewise be reconsidered, and
if approved by two thirds of that House, it shall become a law. But in all such
cases the votes of both Houses shall be determined by yeas and nays, and the
names of the persons voting for and against the bill shall be entered on the
journal of each House respectively. If any bill shall not be returned by the
President within ten days (Sundays excepted) after it shall have been presented
to him, the same shall be a law, in like manner as if he had signed it, unless
the Congress by their adjournment prevent its return, in which case it shall
not be a law.
Every order, resolution, or vote to which the concurrence of
the Senate and House of Representatives may be necessary (except on a question
of adjournment) shall be presented to the President of the United States; and
before the same shall take effect, shall be approved by him, or being
disapproved by him, shall be repassed by two thirds of the Senate and House of
Representatives, according to the rules and limitations prescribed in the case
of a bill.
Section 8.
The Congress shall have power to lay and collect taxes,
duties, imposts and excises, to pay the debts and provide for the common
defense and general welfare of the United States; but all duties, imposts and
excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the
several states, and with the Indian tribes;
To establish a uniform rule of naturalization, and uniform
laws on the subject of bankruptcies throughout the United States;
To coin money, regulate the value thereof, and of foreign
coin, and fix the standard of weights and measures;
To provide for the punishment of counterfeiting the
securities and current coin of the United States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by
securing for limited times to authors and inventors the exclusive right to
their respective writings and discoveries;
To constitute tribunals inferior to the Supreme Court;
To define and punish piracies and felonies committed on the
high seas, and offenses against the law of nations;
To declare war, grant letters of marque and reprisal, and
make rules concerning captures on land and water;
To raise and support armies, but no appropriation of money to
that use shall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land
and naval forces;
To provide for calling forth the militia to execute the laws
of the union, suppress insurrections and repel invasions;
To provide for organizing, arming, and disciplining, the
militia, and for governing such part of them as may be employed in the service
of the United States, reserving to the states respectively, the appointment of
the officers, and the authority of training the militia according to the
discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever,
over such District (not exceeding ten miles square) as may, by cession of
particular states, and the acceptance of Congress, become the seat of the
government of the United States, and to exercise like authority over all places
purchased by the consent of the legislature of the state in which the same
shall be, for the erection of forts, magazines, arsenals, dockyards, and other
needful buildings;--And
To make all laws which shall be necessary and proper for
carrying into execution the foregoing powers, and all other powers vested by
this Constitution in the government of the United States, or in any department
or officer thereof.
Section 9.
The migration or importation of such persons as any of the
states now existing shall think proper to admit, shall not be prohibited by the
Congress prior to the year one thousand eight hundred and eight, but a tax or
duty may be imposed on such importation, not exceeding ten dollars for each
person.
The privilege of the writ of habeas corpus shall not be
suspended, unless when in cases of rebellion or invasion the public safety may
require it.
No bill of attainder or ex post facto Law shall be passed.
No capitation, or other direct, tax shall be laid, unless in
proportion to the census or enumeration herein before directed to be taken.
No tax or duty shall be laid on articles exported from any
state.
No preference shall be given by any regulation of commerce
or revenue to the ports of one state over those of another: nor shall vessels
bound to, or from, one state, be obliged to enter, clear or pay duties in
another.
No money shall be drawn from the treasury, but in
consequence of appropriations made by law; and a regular statement and account
of receipts and expenditures of all public money shall be published from time
to time.
No title of nobility shall be granted by the United States:
and no person holding any office of profit or trust under them, shall, without
the consent of the Congress, accept of any present, emolument, office, or
title, of any kind whatever, from any king, prince, or foreign state.
Section 10.
No state shall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal; coin money; emit bills of
credit; make anything but gold and silver coin a tender in payment of debts;
pass any bill of attainder, ex post facto law, or law impairing the obligation
of contracts, or grant any title of nobility.
No state shall, without the consent of the Congress, lay any
imposts or duties on imports or exports, except what may be absolutely
necessary for executing 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 control of the Congress.
No state shall, without the consent of Congress, lay any
duty of tonnage, keep troops, or ships of war in time of peace, enter into any
agreement or compact with another state, or with a foreign power, or engage in
war, unless actually invaded, or in such imminent danger as will not admit of
delay.
Article II
Section 1.
The executive power shall be vested in a President of the
United States of America. He shall hold his office during the term of four
years, and, together with the Vice President, chosen for the same term, be
elected, as follows:
Each state shall appoint, in such manner as the Legislature
thereof may direct, a number of electors, equal to the whole number of Senators
and Representatives to which the State may be entitled in the Congress: but no
Senator or Representative, or person holding an office of trust or profit under
the United States, shall be appointed an elector.
The electors shall meet in their respective states, and vote
by ballot for two persons, of whom one at least shall not be an inhabitant of
the same state with themselves. And they shall make a list of all the persons
voted for, and of the number of votes for each; which list they shall sign and
certify, and transmit sealed to the seat of the government of the United
States, directed to the President of the Senate. The President of the Senate
shall, in the presence of the Senate and House of Representatives, open all the
certificates, and the votes shall then be counted. The person having the
greatest number of votes shall be the President, if such number be a majority
of the whole number of electors appointed; and if there be more than one who
have such majority, and have an equal number of votes, then the House of
Representatives shall immediately choose by ballot one of them for President;
and if no person have a majority, then from the five highest on the list the
said House shall in like manner choose the President. But in choosing the
President, the votes shall be taken by States, the representation from each
state having one vote; A quorum for this purpose shall consist of a member or
members from two thirds of the states, and a majority of all the states shall
be necessary to a choice. In every case, after the choice of the President, the
person having the greatest number of votes of the electors shall be the Vice
President. But if there should remain two or more who have equal votes, the
Senate shall choose from them by ballot the Vice President.
The Congress may determine the time of choosing the
electors, and the day on which they shall give their votes; which day shall be
the same throughout the United States.
No person except a natural born citizen, or a citizen of the
United States, at the time of the adoption of this Constitution, shall be
eligible to the office of President; neither shall any person be eligible to
that office who shall not have attained to the age of thirty five years, and
been fourteen Years a resident within the United States.
In case of the removal of the President from office, or of
his death, resignation, or inability to discharge the powers and duties of the
said office, the same shall devolve on the Vice President, and the Congress may
by law provide for the case of removal, death, resignation or inability, both
of the President and Vice President, declaring what officer shall then act as
President, and such officer shall act accordingly, until the disability be
removed, or a President shall be elected.
The President shall, at stated times, receive for his
services, a compensation, which shall neither be increased nor diminished
during the period for which he shall have been elected, and he shall not
receive within that period any other emolument from the United States, or any
of them.
Before he enter on the execution of his office, he shall
take the following oath or affirmation:--"I do solemnly swear (or affirm)
that I will faithfully execute the office of President of the United States,
and will to the best of my ability, preserve, protect and defend the
Constitution of the United States."
Section 2.
The President shall be commander in chief of the Army and
Navy of the United States, and of the militia of the several states, when
called into the actual service of the United States; he may require the
opinion, in writing, of the principal officer in each of the executive
departments, upon any subject relating to the duties of their respective
offices, and he shall have power to grant reprieves and pardons for offenses
against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of
the Senate, to make treaties, provided two thirds of the Senators present
concur; and he shall nominate, and by and with the advice and consent of the
Senate, shall appoint ambassadors, other public ministers and consuls, judges
of the Supreme Court, and all other officers of the United States, whose
appointments are not herein otherwise provided for, and which shall be established
by law: but the Congress may by law vest the appointment of such inferior
officers, as they think proper, in the President alone, in the courts of law,
or in the heads of departments.
The President shall have power to fill up all vacancies that
may happen during the recess of the Senate, by granting commissions which shall
expire at the end of their next session.
Section 3. He shall from time to time give to the Congress
information of the state of the union, and recommend to their consideration such
measures as he shall judge necessary and expedient; he may, on extraordinary
occasions, convene both Houses, or either of them, and in case of disagreement
between them, with respect to the time of adjournment, he may adjourn them to
such time as he shall think proper; he shall receive ambassadors and other
public ministers; he shall take care that the laws be faithfully executed, and
shall commission all the officers of the United States.
Section 4. The President, Vice President and all civil
officers of the United States, shall be removed from office on impeachment for,
and conviction of, treason, bribery, or other high crimes and misdemeanors.
Article III
Section 1
The judicial power of
the United States, shall be vested in one Supreme Court, and in such inferior
courts as the Congress may from time to time ordain and establish. The judges,
both of the supreme and inferior courts, shall hold their offices during good
behaviour, and shall, at stated times, receive for their services, a compensation,
which shall not be diminished during their continuance in office.
Section 2. The judicial power shall extend to all cases, in
law and equity, arising under this Constitution, the laws of the United States,
and treaties made, or which shall be made, under their authority;--to all cases
affecting ambassadors, other public ministers and consuls;--to all cases of
admiralty and maritime jurisdiction;--to controversies to which the United
States shall be a party;--to controversies between two or more states;--between
a state and citizens of another state;-- between citizens of different
states;--between citizens of the same state claiming lands under grants of
different states, and between a state, or the citizens thereof, and foreign
states, citizens or subjects.
In all cases affecting ambassadors, other public ministers
and consuls, and those in which a state shall be party, the Supreme Court shall
have original jurisdiction. In all the other cases before mentioned, the
Supreme Court shall have appellate jurisdiction, both as to law and fact, with
such exceptions, and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment,
shall be by jury; and such trial shall be held in the state where the said crimes
shall have been committed; but when not committed within any state, the trial
shall be at such place or places as the Congress may by law have directed.
Section 3.
Treason against the United States, shall consist only in
levying war against them, or in adhering to their enemies, giving them aid and
comfort. No person shall be convicted of treason unless on the testimony of two
witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason,
but no attainder of treason shall work corruption of blood, or forfeiture
except during the life of the person attainted.
Article IV
Section 1.
Full faith and credit shall be given in each state to the
public acts, records, and judicial proceedings of every other state. And the
Congress may by general laws prescribe the manner in which such acts, records,
and proceedings shall be proved, and the effect thereof.
Section 2.
The citizens of each state shall be entitled to all
privileges and immunities of citizens in the several states.
A person charged in any state with treason, felony, or other
crime, who shall flee from justice, and be found in another state, shall on
demand of the executive authority of the state from which he fled, be delivered
up, to be removed to the state having jurisdiction of the crime.
No person held to service or labor in one state, under the
laws thereof, escaping into another, shall, in consequence of any law or
regulation therein, be discharged from such service or labor, but shall be
delivered up on claim of the party to whom such service or labor may be due.
Section 3.
New states may be admitted by the Congress into this union;
but no new states shall be formed or erected within the jurisdiction of any
other state; nor any state be formed by the junction of two or more states, or
parts of states, without the consent of the legislatures of the states concerned
as well as of the Congress.
The Congress shall have power to dispose of and make all
needful rules and regulations respecting the territory or other property
belonging to the United States; and nothing in this Constitution shall be so
construed as to prejudice any claims of the United States, or of any particular
state.
Section 4.
The United States shall guarantee to every state in this
union a republican form of government, and shall protect each of them against
invasion; and on application of the legislature, or of the executive (when the
legislature cannot be convened) against domestic violence.
Article V
The Congress, whenever two thirds of both houses shall deem
it necessary, shall propose amendments to this Constitution, or, on the application
of the legislatures of two thirds of the several states, shall call a
convention for proposing amendments, which, in either case, shall be valid to
all intents and purposes, as part of this Constitution, when ratified by the
legislatures of three fourths of the several states, or by conventions in three
fourths thereof, as the one or the other mode of ratification may be proposed
by the Congress; provided that no amendment which may be made prior to the year
one thousand eight hundred and eight shall in any manner affect the first and
fourth clauses in the ninth section of the first article; and that no state,
without its consent, shall be deprived of its equal suffrage in the Senate.
Article VI
All debts contracted and engagements entered into, before
the adoption of this Constitution, shall be as valid against the United States
under this Constitution, as under the Confederation.
This Constitution, and the laws of the United States which
shall be made in pursuance thereof; and all treaties made, or which shall be
made, under the authority of the United States, shall be the supreme law of the
land; and the judges in every state shall be bound thereby, anything in the
Constitution or laws of any State to the contrary notwithstanding.
The Senators and Representatives before mentioned, and the
members of the several state legislatures, and all executive and judicial
officers, both of the United States and of the several states, shall be bound
by oath or affirmation, to support this Constitution; but no religious test
shall ever be required as a qualification to any office or public trust under
the United States.
Article VII
The ratification of the conventions of nine states, shall be
sufficient for the establishment of this Constitution between the states so
ratifying the same.
Done in convention by the unanimous consent of the states
present the seventeenth day of September in the year of our Lord one thousand
seven hundred and eighty seven and of the independence of the United States of
America the twelfth. In witness whereof We have hereunto subscribed our Names,
G. Washington - Presidt. and deputy from Virginia
New Hampshire: John Langdon, Nicholas Gilman
Massachusetts: Nathaniel Gorham, Rufus King
Connecticut: Wm: Saml. Johnson, Roger Sherman
New York: Alexander Hamilton
New Jersey: Wil: Livingston, David Brearly, Wm. Paterson,
Jona: Dayton
Pennsylvania: B. Franklin, Thomas Mifflin, Robt. Morris,
Geo. Clymer, Thos. FitzSimons, Jared Ingersoll, James Wilson, Gouv. Morris
Delaware: Geo: Read, Gunning Bedford jun, John Dickinson,
Richard Bassett, Jaco: Broom
Maryland: James McHenry, Dan of St Thos. Jenifer, Danl
Carroll
Virginia: John Blair--, James Madison Jr.
North Carolina: Wm. Blount, Richd. Dobbs Spaight, Hu
Williamson
South Carolina: J. Rutledge, Charles Cotesworth Pinckney,
Charles Pinckney, Pierce Butler
Georgia: William Few, Abr Baldwin
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