The Constitution of the United States of America |
Note: The following text is a transcription of the Constitution
in its original form.
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 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 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 |
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