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
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 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 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.
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 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, any Thing in the Constitution
or Laws of any State to the Contrary notwith-standing.
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,
George
Washington--President and deputy from Virginia New Hampshire:
John Langdon, Nicholas Gilman Massachusetts: Nathaniel
Gorham, Rufus King Connecticut: William Samuel Johnson,
Roger Sherman New York: Alexander Hamilton New
Jersey: William Livingston, David Brearly, 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, Daniel
of Saint Thomas Jenifer, 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
AMENDMENTS TO THE CONSTITUTION
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