
American Documents
The U.S. Constitution
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
[Modified by Amendment XIV]. 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 [Modified
by Amendment XVII], 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 [Modified by Amendment XVII].
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 [Modified by Amendment XX], 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 [Modified by Amendment XII].
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
[Modified by Amendment XXV].
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 [Modified by Amendment XI];--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
[Modified by Amendment XIII].
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 [Possibly abrogated by Amendment XVII].
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,
Go. WASHINGTON--Presidt.
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 - 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 - J.
RUTLEDGE}
South
Carolina {CHARLES COTESWORTH PINCKNEY - PIERCE BUTLER}
Georgia
{WILLIAM FEW - ABR BALDWIN}
--------------------------------------------------------------------------------
In
Convention Monday, September 17th, 1787.
Present
The States of:
New Hampshire,
Massachusetts, Connecticut, MR. Hamilton from New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South
Carolina and Georgia.
Resolved,
That the preceeding Constitution be laid before the United States in Congress
assembled, and that it is the Opinion of this Convention, that it should
afterwards be submitted to a Convention of Delegates, chosen in each State
by the People thereof, under the Recommendation of its Legislature, for
their Assent and Ratification; and that each Convention assenting to, and
ratifying the Same, should give Notice thereof to the United States in
Congress assembled. Resolved, That it is the Opinion of this Convention,
that as soon as the Conventions of nine States shall have ratified this
Constitution, the United States in Congress assembled should fix a Day
on which Electors should be appointed by the States which have ratified
the same, and a Day on which the Electors should assemble to vote for the
President, and the Time and Place for commencing Proceedings under this
Constitution. That after such Publication the Electors should be appointed,
and the Senators and Representatives elected: That the Electors should
meet on the Day fixed for the Election of the President, and should transmit
their Votes certified, signed, sealed and directed, as the Constitution
requires, to the Secretary of the United States in Congress assembled,
that the Senators and Representatives should convene at the Time and Place
assigned; that the Senators should appoint a President of the Senate, for
the sole purpose of receiving, opening and counting the Votes for President;
and, that after he shall be chosen, the Congress, together with the President,
should, without Delay, proceed to execute this Constitution.
By the
Unanimous Order of the Convention:
Go.
WASHINGTON, Presidt.
W. JACKSON, Secretary.