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