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CONSTITUTION OF THE UNITED STATES OF
AMERICA
PREAMBLE
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 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
encreased 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.
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,
Attest: William Jackson, Secretary
George Washington PRESIDENT AND DEPUTY FROM VIRGINIA
NEW HAMPSHIRE John Langdon Nicholas Gilman
MASSACHUSETTS Nathaniel Gorham Rufus King
NEW YORK Alexander Hamilton
NEW JERSEYWilliam Livingston David Brearley William
Paterson Jonathan Dayton
PENNSYLVANIA Benjamin Franklin Thomas Mifflin Robert
Morris George Clymer Thomas Fitzsimons Jared Ingersoll
James Wilson
Gouverneur Morris
DELAWARE George Read Gunning Bedford, Jr. John Dickinson
Richard Bassett Jacob Broom
MARYLAND James McHenry Dan of St. Thomas Jennifer Daniel
Carroll
VIRGINIA John Blair James Madison, Jr.
NORTH CAROLINA William Blount Richard Dobbs Spaight Hugh
Williamson
SOUTH CAROLINA John Rutledge Charles Cotesworth Pinckney
Charles Pinckney Pierce Butler
GEORGIA William Few Abraham Baldwin
America
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