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
- 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
- New Hampshire
- John Langdon
Nicholas Gilman
- Massachusetts
- Nathaniel Gorham
- Rufus King
- Connecticut
- Wm. Saml. Johnson
Roger Sherman
- New York
- Alexander Hamilton
- New Jersey
- Wil: Livingston
- David Brearley
Wm. Paterson
Jona: Dayton
- Pennsylvania
- B Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris