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
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 its 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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