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 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, 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 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 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 choosing 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 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 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 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 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 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 a 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 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, dockyards, 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
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
anything 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 its 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.
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
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 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 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 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.
Section 3.
New states may be admitted by the Congress into this union; but no new
states 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, anything 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,
G. 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 Brearly, 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