We the People
of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote the
general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish
this Constitution for the United States of America.
Article. I.
Section. 1.
All legislative Powers herein
granted shall be vested in a Congress of the United
States, which shall consist of a Senate and House of
Representatives.
Section. 2.
The House of Representatives
shall be composed of Members chosen every second Year by
the People of the several States, and the Electors in
each State shall have the Qualifications requisite for
Electors of the most numerous Branch of the State
Legislature.
No Person shall be a
Representative who shall not have attained to the Age of
twenty five Years, and been seven Years a Citizen of the
United States, and who shall not, when elected, be an
Inhabitant of that State in which he shall be chosen.
Representatives and direct Taxes shall be apportioned
among the several States which may be included within
this Union, according to their respective Numbers, which
shall be determined by adding to the whole Number of
free Persons, including those bound to Service for a
Term of Years, and excluding Indians not taxed, three
fifths of all other Persons. The actual Enumeration
shall be made within three Years after the first Meeting
of the Congress of the United States, and within every
subsequent Term of ten Years, in such Manner as they
shall by Law direct. The Number of Representatives shall
not exceed one for every thirty Thousand, but each State
shall have at Least one Representative; and until such
enumeration shall be made, the State of New Hampshire
shall be entitled to chuse three, Massachusetts eight,
Rhode-Island and Providence Plantations one, Connecticut
five, New-York six, New Jersey four, Pennsylvania eight,
Delaware one, Maryland six, Virginia ten, North Carolina
five, South Carolina five, and Georgia three.
When vacancies happen in the
Representation from any State, the Executive Authority
thereof shall issue Writs of Election to fill such
Vacancies.
The House of Representatives
shall chuse their Speaker and other Officers; and shall
have the sole Power of Impeachment.
Section. 3.
The Senate of the United States
shall be composed of two Senators from each State,
chosen by the Legislature thereof for
six Years; and each Senator shall have one Vote.
Immediately after they shall be
assembled in Consequence of the first Election, they
shall be divided as equally as may be into three
Classes. The Seats of the Senators of the first Class
shall be vacated at the Expiration of the second Year,
of the second Class at the Expiration of the fourth
Year, and 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.
No Person shall be a Senator who
shall not have attained to the Age of thirty Years, and
been nine Years a Citizen of the United States, and who
shall not, when elected, be an Inhabitant of that State
for which he shall be chosen.
The Vice President of the United
States shall be President of the Senate, but shall have
no Vote, unless they be equally divided.
The Senate shall chuse their
other Officers, and also a President pro tempore, in the
Absence of the Vice President, or when he shall exercise
the Office of President of the United States.
The Senate shall have the sole
Power to try all Impeachments. When sitting for that
Purpose, they shall be on Oath or Affirmation. When the
President of the United States is tried, the Chief
Justice shall preside: And no Person shall be convicted
without the Concurrence of two thirds of the Members
present.
Judgment in Cases of Impeachment
shall not extend further than to removal from Office,
and disqualification to hold and enjoy any Office of
honor, Trust or Profit under the United States: but the
Party convicted shall nevertheless be liable and subject
to Indictment, Trial, Judgment and Punishment, according
to Law.
Section. 4.
The Times, Places and Manner of
holding Elections for Senators and Representatives,
shall be prescribed in each State by the Legislature
thereof; but the Congress may at any time by Law make or
alter such Regulations, except as to the Places of
chusing Senators.
The Congress shall assemble at
least once in every Year, and such Meeting shall
be on the first Monday in December,
unless they shall by Law appoint a different Day.
Section. 5.
Each House shall be the Judge of
the Elections, Returns and Qualifications of its own
Members, and a Majority of each shall constitute a
Quorum to do Business; but a smaller Number may adjourn
from day to day, and may be authorized to compel the
Attendance of absent Members, in such Manner, and under
such Penalties as each House may provide.
Each House may determine the
Rules of its Proceedings, punish its Members for
disorderly Behaviour, and, with the Concurrence of two
thirds, expel a Member.
Each House shall keep a Journal
of its Proceedings, and from time to time publish the
same, excepting such Parts as may in their Judgment
require Secrecy; and the Yeas and Nays of the Members of
either House on any question shall, at the Desire of one
fifth of those Present, be entered on the Journal.
Neither House, during the Session
of Congress, shall, without the Consent of the other,
adjourn for more than three days, nor to any other Place
than that in which the two Houses shall be sitting.
Section. 6.
The Senators and Representatives
shall receive a Compensation for their Services, to be
ascertained by Law, and paid out of the Treasury of the
United States. They shall in all Cases, except Treason,
Felony and Breach of the Peace, be privileged from
Arrest during their Attendance at the Session of their
respective Houses, and in going to and returning from
the same; and for any Speech or Debate in either House,
they shall not be questioned in any other Place.
No Senator or Representative
shall, during the Time for which he was elected, be
appointed to any civil Office under the Authority of the
United States, which shall have been created, or the
Emoluments whereof shall have been encreased during such
time; and no Person holding any Office under the United
States, shall be a Member of either House during his
Continuance in Office.
Section. 7.
All Bills for raising Revenue
shall originate in the House of Representatives; but the
Senate may propose or concur with Amendments as on other
Bills.
Every Bill which shall have
passed the House of Representatives and the Senate,
shall, before it become a Law, be presented to the
President of the United States: If he approve he shall
sign it, but if not he shall return it, with his
Objections to that House in which it shall have
originated, who shall enter the Objections at large on
their Journal, and proceed to reconsider it. If after
such Reconsideration two thirds of that House shall
agree to pass the Bill, it shall be sent, together with
the Objections, to the other House, by which it shall
likewise be reconsidered, and if approved by two thirds
of that House, it shall become a Law. But in all such
Cases the Votes of both Houses shall be determined by
yeas and Nays, and the Names of the Persons voting for
and against the Bill shall be entered on the Journal of
each House respectively. If any Bill shall not be
returned by the President within ten Days (Sundays
excepted) after it shall have been presented to him, the
Same shall be a Law, in like Manner as if he had signed
it, unless the Congress by their Adjournment prevent its
Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote
to which the Concurrence of the Senate and House of
Representatives may be necessary (except on a question
of Adjournment) shall be presented to the President of
the United States; and before the Same shall take
Effect, shall be approved by him, or being disapproved
by him, shall be repassed by two thirds of the Senate
and House of Representatives, according to the Rules and
Limitations prescribed in the Case of a Bill.
Section. 8.
The Congress shall have Power To
lay and collect Taxes, Duties, Imposts and Excises, to
pay the Debts and provide for the common Defence and
general Welfare of the United States; but all Duties,
Imposts and Excises shall be uniform throughout the
United States;
To borrow Money on the credit of
the United States;
To regulate Commerce with foreign
Nations, and among the several States, and with the
Indian Tribes;
To establish an uniform Rule of
Naturalization, and uniform Laws on the subject of
Bankruptcies throughout the United States;
To coin Money, regulate the Value
thereof, and of foreign Coin, and fix the Standard of
Weights and Measures;
To provide for the Punishment of
counterfeiting the Securities and current Coin of the
United States;
To establish Post Offices and
post Roads;
To promote the Progress of
Science and useful Arts, by securing for limited Times
to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries;
To constitute Tribunals inferior
to the supreme Court;
To define and punish Piracies
and Felonies committed on the high Seas, and Offences
against the Law of Nations;
To declare War, grant Letters of
Marque and Reprisal, and make Rules concerning Captures
on Land and Water;
To raise and support Armies, but
no Appropriation of Money to that Use shall be for a
longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government
and Regulation of the land and naval Forces;
To provide for calling forth the
Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions;
To provide for organizing,
arming, and disciplining, the Militia, and for governing
such Part of them as may be employed in the Service of
the United States, reserving to the States respectively,
the Appointment of the Officers, and the Authority of
training the Militia according to the discipline
prescribed by Congress;
To exercise exclusive
Legislation in all Cases whatsoever, over such District
(not exceeding ten Miles square) as may, by Cession of
particular States, and the Acceptance of Congress,
become the Seat of the Government of the United States,
and to exercise like Authority over all Places purchased
by the Consent of the Legislature of the State in which
the Same shall be, for the Erection of Forts, Magazines,
Arsenals, dock-Yards, and other needful Buildings;--And
To make all Laws which shall be
necessary and proper for carrying into Execution the
foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or
in any Department or Officer thereof.
Section. 9.
The Migration or Importation of
such Persons as any of the States now existing shall
think proper to admit, shall not be prohibited by the
Congress prior to the Year one thousand eight hundred
and eight, but a Tax or duty may be imposed on such
Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of
Habeas Corpus shall not be suspended, unless when in
Cases of Rebellion or Invasion the public Safety may
require it.
No Bill of Attainder or ex post
facto Law shall be passed.
No Capitation, or other direct,
Tax shall be laid, unless in Proportion to
the Census or enumeration herein before directed to be
taken.
No Tax or Duty shall be laid on
Articles exported from any State.
No Preference shall be given by
any Regulation of Commerce or Revenue to the Ports of
one State over those of another; nor shall Vessels bound
to, or from, one State, be obliged to enter, clear, or
pay Duties in another.
No Money shall be drawn from the
Treasury, but in Consequence of Appropriations made by
Law; and a regular Statement and Account of the Receipts
and Expenditures of all public Money shall be published
from time to time.
No Title of Nobility shall be
granted by the United States: And no Person holding any
Office of Profit or Trust under them, shall, without the
Consent of the Congress, accept of any present,
Emolument, Office, or Title, of any kind whatever, from
any King, Prince, or foreign State.
Section. 10.
No State shall enter into any
Treaty, Alliance, or Confederation; grant Letters of
Marque and Reprisal; coin Money; emit Bills of Credit;
make any Thing but gold and silver Coin a Tender in
Payment of Debts; pass any Bill of Attainder, ex post
facto Law, or Law impairing the Obligation of Contracts,
or grant any Title of Nobility.
No State shall, without the
Consent of the Congress, lay any Imposts or Duties on
Imports or Exports, except what may be absolutely
necessary for executing it's inspection Laws: and the
net Produce of all Duties and Imposts, laid by any State
on Imports or Exports, shall be for the Use of the
Treasury of the United States; and all such Laws shall
be subject to the Revision and Controul of the Congress.
No State shall, without the
Consent of Congress, lay any Duty of Tonnage, keep
Troops, or Ships of War in time of Peace, enter into any
Agreement or Compact with another State, or with a
foreign Power, or engage in War, unless actually
invaded, or in such imminent Danger as will not admit of
delay.
Article. II.
Section. 1.
The executive Power shall be
vested in a President of the United States of America.
He shall hold his Office during the Term of four Years,
and, together with the Vice President, chosen for the
same Term, be elected, as follows:
Each State shall appoint, in such
Manner as the Legislature thereof may direct, a Number
of Electors, equal to the whole Number of Senators and
Representatives to which the State may be entitled in
the Congress: but no Senator or Representative, or
Person holding an Office of Trust or Profit under the
United States, shall be appointed an Elector.
The Electors shall
meet in their respective States, and vote by Ballot for
two Persons, of whom one at least shall not be an
Inhabitant of the same State with themselves. And they
shall make a List of all the Persons voted for, and of
the Number of Votes for each; which List they shall sign
and certify, and transmit sealed to the Seat of the
Government of the United States, directed to the
President of the Senate. The President of the Senate
shall, in the Presence of the Senate and House of
Representatives, open all the Certificates, and the
Votes shall then be counted. The Person having the
greatest Number of Votes shall be the President, if such
Number be a Majority of the whole Number of Electors
appointed; and if there be more than one who have such
Majority, and have an equal Number of Votes, then the
House of Representatives shall immediately chuse by
Ballot one of them for President; and if no Person have
a Majority, then from the five highest on the List the
said House shall in like Manner chuse the President. But
in chusing the President, the Votes shall be taken by
States, the Representation from each State having one
Vote; A quorum for this purpose shall consist of a
Member or Members from two thirds of the States, and a
Majority of all the States shall be necessary to a
Choice. In every Case, after the Choice of the
President, the Person having the greatest Number of
Votes of the Electors shall be the Vice President. But
if there should remain two or more who have equal Votes,
the Senate shall chuse from them by Ballot the Vice
President.
The Congress may determine the
Time of chusing the Electors, and the Day on which they
shall give their Votes; which Day shall be the same
throughout the United States.
No Person except a natural born
Citizen, or a Citizen of the United States, at the time
of the Adoption of this Constitution, shall be eligible
to the Office of President; neither shall any Person be
eligible to that Office who shall not have attained to
the Age of thirty five Years, and been fourteen Years a
Resident within the United States.
In Case of the
Removal of the President from Office, or of his Death,
Resignation, or Inability to discharge the Powers and
Duties of the said Office, the Same shall devolve on the
Vice President, and the Congress may by Law provide for
the Case of Removal, Death, Resignation or Inability,
both of the President and Vice President, declaring what
Officer shall then act as President, and such Officer
shall act accordingly, until the Disability be removed,
or a President shall be elected.
The President shall, at stated
Times, receive for his Services, a Compensation, which
shall neither be 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
Offences against the United States, except in Cases of
Impeachment.
He shall have Power, by and with
the Advice and Consent of the Senate, to make Treaties,
provided two thirds of the Senators present concur; and
he shall nominate, and by and with the Advice and
Consent of the Senate, shall appoint Ambassadors, other
public Ministers and Consuls, Judges of the supreme
Court, and all other Officers of the United States,
whose Appointments are not herein otherwise provided
for, and which shall be established by Law: but the
Congress may by Law vest the Appointment of such
inferior Officers, as they think proper, in the
President alone, in the Courts of Law, or in the Heads
of Departments.
The President shall have Power to
fill up all Vacancies that may happen during the Recess
of the Senate, by granting Commissions which shall
expire at the End of their next Session.
Section. 3.
He shall from time to time give
to the Congress Information of the State of the Union,
and recommend to their Consideration such Measures as he
shall judge necessary and expedient; he may, on
extraordinary Occasions, convene both Houses, or either
of them, and in Case of Disagreement between them, with
Respect to the Time of Adjournment, he may adjourn them
to such Time as he shall think proper; he shall receive
Ambassadors and other public Ministers; he shall take
Care that the Laws be faithfully executed, and shall
Commission all the Officers of the United States.
Section. 4.
The President, Vice President and
all civil Officers of the United States, shall be
removed from Office on Impeachment for, and Conviction
of, Treason, Bribery, or other high Crimes and
Misdemeanors.
Article III.
Section. 1.
The judicial Power of the United
States shall be vested in one supreme Court, and in such
inferior Courts as the Congress may from time to time
ordain and establish. The Judges, both of the supreme
and inferior Courts, shall hold their Offices during
good Behaviour, and shall, at stated Times, receive for
their Services a Compensation, which shall not be
diminished during their Continuance in Office.
Section. 2.
The judicial Power shall extend
to all Cases, in Law and Equity, arising under this
Constitution, the Laws of the United States, and
Treaties made, or which shall be made, under their
Authority;--to all Cases affecting Ambassadors, other
public Ministers and Consuls;--to all Cases of admiralty
and maritime Jurisdiction;--to Controversies to which
the United States shall be a Party;--to Controversies
between two or more States;-- between a
State and Citizens of another State,--between
Citizens of different States,--between Citizens of the
same State claiming Lands under Grants of different
States, and between a State, or the Citizens thereof,
and foreign States, Citizens or Subjects.
In all Cases affecting
Ambassadors, other public Ministers and Consuls, and
those in which a State shall be Party, the supreme Court
shall have original Jurisdiction. In all the other Cases
before mentioned, the supreme Court shall have appellate
Jurisdiction, both as to Law and Fact, with such
Exceptions, and under such Regulations as the Congress
shall make.
The Trial of all Crimes, except
in Cases of Impeachment, shall be by Jury; and such
Trial shall be held in the State where the said Crimes
shall have been committed; but when not committed within
any State, the Trial shall be at such Place or Places as
the Congress may by Law have directed.
Section. 3.
Treason against the United
States, shall consist only in levying War against them,
or in adhering to their Enemies, giving them Aid and
Comfort. No Person shall be convicted of Treason unless
on the Testimony of two Witnesses to the same overt Act,
or on Confession in open Court.
The Congress shall have Power to
declare the Punishment of Treason, but no Attainder of
Treason shall work Corruption of Blood, or Forfeiture
except during the Life of the Person attainted.
Article. IV.
Section. 1.
Full Faith and Credit shall be
given in each State to the public Acts, Records, and
judicial Proceedings of every other State. And the
Congress may by general Laws prescribe the Manner in
which such Acts, Records and Proceedings shall be
proved, and the Effect thereof.
Section. 2.
The Citizens of each State shall
be entitled to all Privileges and Immunities of Citizens
in the several States.
A Person charged in any State
with Treason, Felony, or other Crime, who shall flee
from Justice, and be found in another State, shall on
Demand of the executive Authority of the State from
which he fled, be delivered up, to be removed to the
State having Jurisdiction of the Crime.
No Person held to
Service or Labour in one State, under the Laws thereof,
escaping into another, shall, in Consequence of any Law
or Regulation therein, be discharged from such Service
or Labour, but shall be delivered up on Claim of the
Party to whom such Service or Labour may be due.
Section. 3.
New States may be admitted by the
Congress into this Union; but no new 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.
The Congress shall have Power to
dispose of and make all needful Rules and Regulations
respecting the Territory or other Property belonging to
the United States; and nothing in this Constitution
shall be so construed as to Prejudice any Claims of the
United States, or of any particular State.
Section. 4.
The United States shall guarantee
to every State in this Union a Republican Form of
Government, and shall protect each of them against
Invasion; and on Application of the Legislature, or of
the Executive (when the Legislature cannot be convened),
against domestic Violence.
Article. V.
The Congress, whenever two thirds
of both Houses shall deem it necessary, shall propose
Amendments to this Constitution, or, on the Application
of the Legislatures of two thirds of the several States,
shall call a Convention for proposing Amendments, which,
in either Case, shall be valid to all Intents and
Purposes, as Part of this Constitution, when ratified by
the Legislatures of three fourths of the several States,
or by Conventions in three fourths thereof, as the one
or the other Mode of Ratification may be proposed by the
Congress; Provided that no Amendment which may be made
prior to the Year One thousand eight hundred and eight
shall in any Manner affect the first and fourth Clauses
in the Ninth Section of the first Article; and that no
State, without its Consent, shall be deprived of its
equal Suffrage in the Senate.
Article. VI.
All Debts contracted and
Engagements entered into, before the Adoption of this
Constitution, shall be as valid against the United
States under this Constitution, as under the
Confederation.
This Constitution, and the Laws
of the United States which shall be made in Pursuance
thereof; and all Treaties made, or which shall be made,
under the Authority of the United States, shall be the
supreme Law of the Land; and the Judges in every State
shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary 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.
The Word, "the," being interlined between the seventh
and eighth Lines of the first Page, the Word "Thirty"
being partly written on an Erazure in the fifteenth Line
of the first Page, The Words "is tried" being interlined
between the thirty second and thirty third Lines of the
first Page and the Word "the" being interlined between
the forty third and forty fourth Lines of the second
Page.
Attest William Jackson Secretary
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
Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
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Maryland
James McHenry
Dan of St Thos. Jenifer
Danl. Carroll
Virginia
John Blair
James Madison Jr.
New York
Alexander Hamilton
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North Carolina
Wm. Blount
Richd. Dobbs Spaight
Hu Williamson
South Carolina
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler
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Georgia
William Few
Abr Baldwin
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
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Connecticut
Wm. Saml. Johnson
Roger Sherman
New Jersey
Wil: Livingston
David Brearley
Wm. Paterson
Jona: Dayton
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Pennsylvania
B Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris
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