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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 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 (see amendment 17)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
President and deputy from
Virginia
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