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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 de fence, 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.]1
The actual Enumeration shall be made within three Years after
the first Meeting of thc 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 choose 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,]2 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 thc 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.] 3
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 chosen Senators.
The Congress shall assemble at least once in every Year, and
such Meeting shall be [on the first Monday in December,]4
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 thc 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 thc 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 becomes 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 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 Offenses against the Law of Nations;
To declare War, grant Letters of Marquee 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.5
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 Marquee 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 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.]6
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 be 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.]7
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 Officer during good Behavior, 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;]8
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.]9
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.]10
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 rower 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 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 it's 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 thc 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.o Washington -- President 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 Brearley
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 |
Attest William Jackson Secretary
- Changed by Section 2 of the Fourteenth Amendment
- Changed by the Seventeenth Amendment
- Changed by the Seventeenth Amendment
- Changed by Section 2 of the Twentieth Amendment
- See Sixteenth Amendment
- Changed by the Twelfth Amendment
- Changed by the Twenty-Fifth Amendment
- Changed by the Eleventh Amendment
- Changed by the Eleventh Amendment
- Changed by the Thirteenth Amendment
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