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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 thereof for six Years;
and each Senator shall have one Vote.
Immediately after they shall be assembled in
Consequence of the first Election, they shall be divided as
equally as may be into three Classes. The Seats of the Senators
of the first Class shall be vacated at the Expiration of the
second Year, of the second Class at the Expiration of the fourth
Year, and of the third Class at the Expiration of the sixth
Year, so that one third may be chosen every second Year; and
if Vacancies happen by Resignation, or otherwise, during the
Recess of the Legislature of any State, the Executive thereof
may make temporary Appointments until the next Meeting of the
Legislature, which shall then fill such Vacancies.
No Person shall be a Senator who shall not have
attained to the Age of thirty Years, and been nine Years a Citizen
of the United States, and who shall not, when elected, be an
Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall
be President of the Senate, but shall have no Vote, unless they
be equally divided.
The Senate shall chuse their other Officers,
and also a President pro tempore, in the Absence of the Vice
President, or when he shall exercise the Office of President
of the United States.
The Senate shall have the sole Power to try
all Impeachments. When sitting for that Purpose, they shall
be on Oath or Affirmation. When the President of the United
States is tried, the Chief Justice shall preside: And no Person
shall be convicted without the Concurrence of two thirds of
the Members present.
Judgment in Cases of Impeachment shall not extend
further than to removal from Office, and disqualification to
hold and enjoy any Office of honor, Trust or Profit under the
United States: but the Party convicted shall nevertheless be
liable and subject to Indictment, Trial, Judgment and Punishment,
according to Law.
Section. 4.
The Times, Places and Manner of holding Elections for Senators
and Representatives, shall be prescribed in each State by the
Legislature thereof; but the Congress may at any time by Law
make or alter such Regulations, except as to the Places of chusing
Senators.
The Congress shall assemble at least once in
every Year, and such Meeting shall be on the first Monday in
December, unless they shall by Law appoint a different Day.
Section. 5.
Each House shall be the Judge of the Elections, Returns and
Qualifications of its own Members, and a Majority of each shall
constitute a Quorum to do Business; but a smaller Number may
adjourn from day to day, and may be authorized to compel the
Attendance of absent Members, in such Manner, and under such
Penalties as each House may provide.
Each House may determine the Rules of its Proceedings,
punish its Members for disorderly Behaviour, and, with the Concurrence
of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings,
and from time to time publish the same, excepting such Parts
as may in their Judgment require Secrecy; and the Yeas and Nays
of the Members of either House on any question shall, at the
Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress,
shall, without the Consent of the other, adjourn for more than
three days, nor to any other Place than that in which the two
Houses shall be sitting.
Section. 6.
The Senators and Representatives shall receive a Compensation
for their Services, to be ascertained by Law, and paid out of
the Treasury of the United States. They shall in all Cases,
except Treason, Felony and Breach of the Peace, be privileged
from Arrest during their Attendance at the Session of their
respective Houses, and in going to and returning from the same;
and for any Speech or Debate in either House, they shall not
be questioned in any other Place.
No Senator or Representative shall, during the
Time for which he was elected, be appointed to any civil Office
under the Authority of the United States, which shall have been
created, or the Emoluments whereof shall have been encreased
during such time; and no Person holding any Office under the
United States, shall be a Member of either House during his
Continuance in Office.
Section. 7.
All Bills for raising Revenue shall originate in the House of
Representatives; but the Senate may propose or concur with Amendments
as on other Bills.
Every Bill which shall have passed the House
of Representatives and the Senate, shall, before it become a
Law, be presented to the President of the United States: If
he approve he shall sign it, but if not he shall return it,
with his Objections to that House in which it shall have originated,
who shall enter the Objections at large on their Journal, and
proceed to reconsider it. If after such Reconsideration two
thirds of that House shall agree to pass the Bill, it shall
be sent, together with the Objections, to the other House, by
which it shall likewise be reconsidered, and if approved by
two thirds of that House, it shall become a Law. But in all
such Cases the Votes of both Houses shall be determined by yeas
and Nays, and the Names of the Persons voting for and against
the Bill shall be entered on the Journal of each House respectively.
If any Bill shall not be returned by the President within ten
Days (Sundays excepted) after it shall have been presented to
him, the Same shall be a Law, in like Manner as if he had signed
it, unless the Congress by their Adjournment prevent its Return,
in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the
Concurrence of the Senate and House of Representatives may be
necessary (except on a question of Adjournment) shall be presented
to the President of the United States; and before the Same shall
take Effect, shall be approved by him, or being disapproved
by him, shall be repassed by two thirds of the Senate and House
of Representatives, according to the Rules and Limitations prescribed
in the Case of a Bill.
Section. 8.
The Congress shall have Power To lay and collect Taxes, Duties,
Imposts and Excises, to pay the Debts and provide for the common
Defence and general Welfare of the United States; but all Duties,
Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United
States;
To regulate Commerce with foreign Nations, and
among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization,
and uniform Laws on the subject of Bankruptcies throughout the
United States;
To coin Money, regulate the Value thereof, and
of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting
the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful
Arts, by securing for limited Times to Authors and Inventors
the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme
Court;
To define and punish Piracies and Felonies committed
on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and
Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation
of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation
of the land and naval Forces;
To provide for calling forth the Militia to
execute the Laws of the Union, suppress Insurrections and repel
Invasions;
To provide for organizing, arming, and disciplining,
the Militia, and for governing such Part of them as may be employed
in the Service of the United States, reserving to the States
respectively, the Appointment of the Officers, and the Authority
of training the Militia according to the discipline prescribed
by Congress;
To exercise exclusive Legislation in all Cases
whatsoever, over such District (not exceeding ten Miles square)
as may, by Cession of particular States, and the Acceptance
of Congress, become the Seat of the Government of the United
States, and to exercise like Authority over all Places purchased
by the Consent of the Legislature of the State in which the
Same shall be, for the Erection of Forts, Magazines, Arsenals,
dock-Yards, and other needful Buildings;--And
To make all Laws which shall be necessary and
proper for carrying into Execution the foregoing Powers, and
all other Powers vested by this Constitution in the Government
of the United States, or in any Department or Officer thereof.
Section. 9.
The Migration or Importation of such Persons as any of the States
now existing shall think proper to admit, shall not be prohibited
by the Congress prior to the Year one thousand eight hundred
and eight, but a Tax or duty may be imposed on such Importation,
not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall
not be suspended, unless when in Cases of Rebellion or Invasion
the public Safety may require it.
No Bill of Attainder or ex post facto Law shall
be passed.
No Capitation, or other direct, Tax shall be
laid, unless in Proportion to the Census or enumeration herein
before directed to be taken.
No Tax or Duty shall be laid on Articles exported
from any State.
No Preference shall be given by any Regulation
of Commerce or Revenue to the Ports of one State over those
of another; nor shall Vessels bound to, or from, one State,
be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but
in Consequence of Appropriations made by Law; and a regular
Statement and Account of the Receipts and Expenditures of all
public Money shall be published from time to time.
No Title of Nobility shall be granted by the
United States: And no Person holding any Office of Profit or
Trust under them, shall, without the Consent of the Congress,
accept of any present, Emolument, Office, or Title, of any kind
whatever, from any King, Prince, or foreign State.
Section. 10.
No State shall enter into any Treaty, Alliance, or Confederation;
grant Letters of Marque and Reprisal; coin Money; emit Bills
of Credit; make any Thing but gold and silver Coin a Tender
in Payment of Debts; pass any Bill of Attainder, ex post facto
Law, or Law impairing the Obligation of Contracts, or grant
any Title of Nobility.
No State shall, without the Consent of the Congress,
lay any Imposts or Duties on Imports or Exports, except what
may be absolutely necessary for executing it's inspection Laws:
and the net Produce of all Duties and Imposts, laid by any State
on Imports or Exports, shall be for the Use of the Treasury
of the United States; and all such Laws shall be subject to
the Revision and Controul of the Congress.
No State shall, without the Consent of Congress,
lay any Duty of Tonnage, keep Troops, or Ships of War in time
of Peace, enter into any Agreement or Compact with another State,
or with a foreign Power, or engage in War, unless actually invaded,
or in such imminent Danger as will not admit of delay.
Article. II.
Section. 1.
The executive Power shall be vested in a President of the United
States of America. He shall hold his Office during the Term
of four Years, and, together with the Vice President, chosen
for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature
thereof may direct, a Number of Electors, equal to the whole
Number of Senators and Representatives to which the State may
be entitled in the Congress: but no Senator or Representative,
or Person holding an Office of Trust or Profit under the United
States, shall be appointed an Elector.
The Electors shall meet in their respective
States, and vote by Ballot for two Persons, of whom one at least
shall not be an Inhabitant of the same State with themselves.
And they shall make a List of all the Persons voted for, and
of the Number of Votes for each; which List they shall sign
and certify, and transmit sealed to the Seat of the Government
of the United States, directed to the President of the Senate.
The President of the Senate shall, in the Presence of the Senate
and House of Representatives, open all the Certificates, and
the Votes shall then be counted. The Person having the greatest
Number of Votes shall be the President, if such Number be a
Majority of the whole Number of Electors appointed; and if there
be more than one who have such Majority, and have an equal Number
of Votes, then the House of Representatives shall immediately
chuse by Ballot one of them for President; and if no Person
have a Majority, then from the five highest on the List the
said House shall in like Manner chuse the President. But in
chusing the President, the Votes shall be taken by States, the
Representation from each State having one Vote; A quorum for
this purpose shall consist of a Member or Members from two thirds
of the States, and a Majority of all the States shall be necessary
to a Choice. In every Case, after the Choice of the President,
the Person having the greatest Number of Votes of the Electors
shall be the Vice President. But if there should remain two
or more who have equal Votes, the Senate shall chuse from them
by Ballot the Vice President.
The Congress may determine the Time of chusing
the Electors, and the Day on which they shall give their Votes;
which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or
a Citizen of the United States, at the time of the Adoption
of this Constitution, shall be eligible to the Office of President;
neither shall any Person be eligible to that Office who shall
not have attained to the Age of thirty five Years, and been
fourteen Years a Resident within the United States.
In Case of the Removal of the President from
Office, or of his Death, Resignation, or Inability to discharge
the Powers and Duties of the said Office, the Same shall devolve
on the Vice President, and the Congress may by Law provide for
the Case of Removal, Death, Resignation or Inability, both of
the President and Vice President, declaring what Officer shall
then act as President, and such Officer shall act accordingly,
until the Disability be removed, or a President shall be elected.
The President shall, at stated Times, receive
for his Services, a Compensation, which shall neither be increased
nor diminished during the Period for which he shall have been
elected, and he shall not receive within that Period any other
Emolument from the United States, or any of them.
Before he enter on the Execution of his Office,
he shall take the following Oath or Affirmation:--"I do
solemnly swear (or affirm) that I will faithfully execute the
Office of President of the United States, and will to the best
of my Ability, preserve, protect and defend the Constitution
of the United States."
Section. 2.
The President shall be Commander in Chief of the Army and Navy
of the United States, and of the Militia of the several States,
when called into the actual Service of the United States; he
may require the Opinion, in writing, of the principal Officer
in each of the executive Departments, upon any Subject relating
to the Duties of their respective Offices, and he shall have
Power to grant Reprieves and Pardons for Offences against the
United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice
and Consent of the Senate, to make Treaties, provided two thirds
of the Senators present concur; and he shall nominate, and by
and with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of the
supreme Court, and all other Officers of the United States,
whose Appointments are not herein otherwise provided for, and
which shall be established by Law: but the Congress may by Law
vest the Appointment of such inferior Officers, as they think
proper, in the President alone, in the Courts of Law, or in
the Heads of Departments.
The President shall have Power to fill up all
Vacancies that may happen during the Recess of the Senate, by
granting Commissions which shall expire at the End of their
next Session.
Section. 3.
He shall from time to time give to the Congress Information
of the State of the Union, and recommend to their Consideration
such Measures as he shall judge necessary and expedient; he
may, on extraordinary Occasions, convene both Houses, or either
of them, and in Case of Disagreement between them, with Respect
to the Time of Adjournment, he may adjourn them to such Time
as he shall think proper; he shall receive Ambassadors and other
public Ministers; he shall take Care that the Laws be faithfully
executed, and shall Commission all the Officers of the United
States.
Section. 4.
The President, Vice President and all civil Officers of the
United States, shall be removed from Office on Impeachment for,
and Conviction of, Treason, Bribery, or other high Crimes and
Misdemeanors.
Article III.
Section. 1.
The judicial Power of the United States shall be vested in one
supreme Court, and in such inferior Courts as the Congress may
from time to time ordain and establish. The Judges, both of
the supreme and inferior Courts, shall hold their Offices during
good Behaviour, and shall, at stated Times, receive for their
Services a Compensation, which shall not be diminished during
their Continuance in Office.
Section. 2.
The judicial Power shall extend to all Cases, in Law and Equity,
arising under this Constitution, the Laws of the United States,
and Treaties made, or which shall be made, under their Authority;--to
all Cases affecting Ambassadors, other public Ministers and
Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to
Controversies to which the United States shall be a Party;--to
Controversies between two or more States;-- between a State
and Citizens of another State;--between Citizens of different
States;--between Citizens of the same State claiming Lands under
Grants of different States, and between a State, or the Citizens
thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public
Ministers and Consuls, and those in which a State shall be Party,
the supreme Court shall have original Jurisdiction. In all the
other Cases before mentioned, the supreme Court shall have appellate
Jurisdiction, both as to Law and Fact, with such Exceptions,
and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of
Impeachment, shall be by Jury; and such Trial shall be held
in the State where the said Crimes shall have been committed;
but when not committed within any State, the Trial shall be
at such Place or Places as the Congress may by Law have directed.
Section. 3.
Treason against the United States, shall consist only in levying
War against them, or in adhering to their Enemies, giving them
Aid and Comfort. No Person shall be convicted of Treason unless
on the Testimony of two Witnesses to the same overt Act, or
on Confession in open Court.
The Congress shall have Power to declare the
Punishment of Treason, but no Attainder of Treason shall work
Corruption of Blood, or Forfeiture except during the Life of
the Person attainted.
Article. IV.
Section. 1.
Full Faith and Credit shall be given in each State to the public
Acts, Records, and judicial Proceedings of every other State.
And the Congress may by general Laws prescribe the Manner in
which such Acts, Records and Proceedings shall be proved, and
the Effect thereof.
Section. 2.
The Citizens of each State shall be entitled to all Privileges
and Immunities of Citizens in the several States.
A Person charged in any State with Treason,
Felony, or other Crime, who shall flee from Justice, and be
found in another State, shall on Demand of the executive Authority
of the State from which he fled, be delivered up, to be removed
to the State having Jurisdiction of the Crime.
No Person held to Service or Labour in one State,
under the Laws thereof, escaping into another, shall, in Consequence
of any Law or Regulation therein, be discharged from such Service
or Labour, but shall be delivered up on Claim of the Party to
whom such Service or Labour may be due.
Section. 3.
New States may be admitted by the Congress into this Union;
but no new State shall be formed or erected within the Jurisdiction
of any other State; nor any State be formed by the Junction
of two or more States, or Parts of States, without the Consent
of the Legislatures of the States concerned as well as of the
Congress.
The Congress shall have Power to dispose of
and make all needful Rules and Regulations respecting the Territory
or other Property belonging to the United States; and nothing
in this Constitution shall be so construed as to Prejudice any
Claims of the United States, or of any particular State.
Section. 4.
The United States shall guarantee to every State in this Union
a Republican Form of Government, and shall protect each of them
against Invasion; and on Application of the Legislature, or
of the Executive (when the Legislature cannot be convened),
against domestic Violence.
Article. V.
The Congress, whenever two thirds of both Houses shall deem
it necessary, shall propose Amendments to this Constitution,
or, on the Application of the Legislatures of two thirds of
the several States, shall call a Convention for proposing Amendments,
which, in either Case, shall be valid to all Intents and Purposes,
as Part of this Constitution, when ratified by the Legislatures
of three fourths of the several States, or by Conventions in
three fourths thereof, as the one or the other Mode of Ratification
may be proposed by the Congress; Provided that no Amendment
which may be made prior to the Year One thousand eight hundred
and eight shall in any Manner affect the first and fourth Clauses
in the Ninth Section of the first Article; and that no State,
without its Consent, shall be deprived of its equal Suffrage
in the Senate.
Article. VI.
All Debts contracted and Engagements entered into, before the
Adoption of this Constitution, shall be as valid against the
United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United
States which shall be made in Pursuance thereof; and all Treaties
made, or which shall be made, under the Authority of the United
States, shall be the supreme Law of the Land; and the Judges
in every State shall be bound thereby, any Thing in the Constitution
or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned,
and the Members of the several State Legislatures, and all executive
and judicial Officers, both of the United States and of the
several States, shall be bound by Oath or Affirmation, to support
this Constitution; but no religious Test shall ever be required
as a Qualification to any Office or public Trust under the United
States.
Article. VII.
The Ratification of the Conventions of nine States, shall be
sufficient for the Establishment of this Constitution between
the States so ratifying the Same.
The Word, "the," being interlined between the seventh
and eighth Lines of the first Page, the Word "Thirty"
being partly written on an Erazure in the fifteenth Line of
the first Page, The Words "is tried" being interlined
between the thirty second and thirty third Lines of the first
Page and the Word "the" being interlined between the
forty third and forty fourth Lines of the second Page.
Attest William Jackson Secretary
Done in Convention by the Unanimous Consent of the States present
the Seventeenth Day of September in the Year of our Lord one
thousand seven hundred and Eighty seven and of the Independence
of the United States of America the Twelfth In witness whereof
We have hereunto subscribed our Names,
G°. Washington
Presidt and deputy from Virginia
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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 Williamso
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South Carolina
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler
Georgia
William Few
Abr Baldwin
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
Connecticut
Wm. Saml. Johnson
Roger Sherman
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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
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