Constitution of the United States of America
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
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
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