We the People of the United States, in Order
to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, 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
1: 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.
2: 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.
3: 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.2 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 often 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 choose 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.
4: When vacancies happen in the
Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
5: The House of Representatives shall choose their Speaker and other Officers; and
shall have the sole Power of Impeachment.
Section 3
1: The Senate of the United States
shall be composed of two Senators from each State, chosen by the Legislature thereof,3 for six Years; and each Senator shall have one Vote.
2: 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.4
3: 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.
4: The Vice President of the United States
shall be President of the Senate, but shall have no Vote, unless they be
equally divided.
5: 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 .
6: 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.
7: 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
1: 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.
2: The Congress shall assemble at least
once in every Year, and such Meeting
shall be on the first Monday in December,5 unless they shall by Law
appoint a different Day.
Section 5
1: 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.
2: 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.
3: 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.
4: 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
1: 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 .6 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.
2: 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
1: 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.
2: 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.
3: 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
1: 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;
3: To regulate Commerce with foreign
Nations, and among the several States, and with the Indian Tribes;
4: To establish a uniform Rule of
Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States ;
5: To coin Money, regulate the Value
thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
6: To provide for the Punishment of
counterfeiting the Securities and current Coin of the United States ;
8: 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;
10: To define and punish Piracies and
Felonies committed on the high Seas, and Offences against the Law of Nations;
11: To declare War, grant Letters of Marque and Reprisal,
and make Rules concerning Captures on Land and Water;
12: To raise and support Armies, but no Appropriation of Money to that Use shall be for a
longer Term than two Years;
15: To provide for calling forth the
Militia to execute the Laws of the Union ,
suppress Insurrections and repel Invasions;
16: 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;
17: 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
18: 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
1: 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.
2: 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.
4: No Capitation,
or other direct, Tax shall be laid, unless in
Proportion to the Census or Enumeration herein before
directed to be taken.7
6: 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.
7: 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.
8: 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
1: 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.
2: 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 Control of the Congress.
3: 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
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
2: 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.
3: 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.8
4: 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 .
5: 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.
6: 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,9 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.
7: 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.
8: 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
1: 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.
2: 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.
3: 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
1: 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;10
--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.
2: 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.
3: 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
1: 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.
2: 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
1: The Citizens of each State shall be
entitled to all Privileges and Immunities of Citizens in the several States.
2: 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.
3: 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.11
Section 3
1: 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.
2: 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
1: 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.
2: 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.
3: 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 eight Lines of the first Page, The Word "Thirty" being partly written on an Erazurein 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.
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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,
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Attest William Jackson Secretary
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Go: Washington
-Presidt. and deputy
from
Geo: Read
Gunning Bedford jun John Dickinson Richard Bassett Jaco: Broom
James McHenry
Dan of St Thos. Jenifer Danl Carroll.
John Blair--
James Madison Jr.
Wm Blount
Richd. Dobbs Spaight. Hu Williamson
J. Rutledge
Charles Cotesworth Pinckney Charles Pinckney Pierce
William Few
Abr Baldwin
John Langdon
Nicholas Gilman
Nathaniel Gorham
Rufus King
Wm. Saml. Johnson
Roger Sherman
Alexander Hamilton
Wil. Livingston
David Brearley. Wm. Paterson. Jona:
B
Thomas Mifflin Robt Morris Geo. Clymer Thos. FitzSimons Jared Ingersoll James Wilson. Gouv Morris |
Letter
of Transmittal
In Convention. Monday September 17th 1787.
Present
The States of
Present
The States of
New Hampshire, Massachusetts,
Connecticut, Mr. Hamilton from New York, New Jersey,
Pennsylvania, Delaware, Maryland, Virginia, North Carolina,
South Carolina and Georgia.
Resolved, That the preceding Constitution be
laid before the United States in Congress assembled, and that it is the Opinion
of this Convention, that it should afterwards be submitted to a Convention of
Delegates, chosen in each State by the People thereof, under the Recommendation
of its Legislature, for their Assent and Ratification; and that each Convention
assenting to, and ratifying the Same, should give Notice thereof to the United
States in Congress assembled. Resolved, That it is the Opinion of this
Convention, that as soon as the Conventions of nine States shall have ratified
this Constitution, the United States in Congress assembled should fix a Day on
which Electors should be appointed by the States which shall have ratified the
same, and a Day on which the Electors should assemble to vote for the
President, and the Time and Place for commencing Proceedings under this
Constitution.
That after such Publication the Electors should be appointed, and the Senators and Representatives elected: That the Electors should meet on the Day fixed for the Election of the President, and should transmit their Votes certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled, that the Senators and Representatives should convene at the Time and Place assigned; that the Senators should appoint a President of the Senate, for the sole Purpose of receiving, opening and counting the Votes for President; and, that after he shall be chosen, the Congress, together with the President, should, without Delay, proceed to execute this Constitution.
That after such Publication the Electors should be appointed, and the Senators and Representatives elected: That the Electors should meet on the Day fixed for the Election of the President, and should transmit their Votes certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled, that the Senators and Representatives should convene at the Time and Place assigned; that the Senators should appoint a President of the Senate, for the sole Purpose of receiving, opening and counting the Votes for President; and, that after he shall be chosen, the Congress, together with the President, should, without Delay, proceed to execute this Constitution.
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By the unanimous Order of the
Convention
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Go: Washington
-Presidt.
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Letter of Transmittal to the President of Congress
In Convention. Monday September 17th 1787.
SIR:
We have now the honor to submit to the consideration of theUnited States in Congress
assembled, that Constitution which has appeared to us the most advisable.
The friends of our country have long seen and desired that the power of making war, peace, and treaties, that of levying money, and regulating commerce, and the correspondent executive and judicial authorities, should be fully and effectually vested in the General Government of the Union; but the impropriety of delegating such extensive trust to one body of men is evident: hence results the necessity of a different organization.
It is obviously impracticable in the Federal Government of these States to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstance, as on the object to be obtained. It is at all times difficult to draw with precision the line between those rights which must be surrendered, and those which may be preserved; and, on the present occasion, this difficulty was increased by a difference among the several States as to their situation, extent, habits, and particular interests.
In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true American, the consolidation of ourUnion , in which is
involved our prosperity, felicity, safety--perhaps our national
existence. This important consideration, seriously and deeply impressed
on our minds, led each State in the Convention to be less rigid on points of
inferior magnitude than might have been otherwise expected; and thus, the
Constitution which we now present is the result of a spirit of amity, and of
that mutual deference and concession, which the peculiarity of our political
situation rendered indispensable.
That it will meet the full and entire approbation of every State is not, perhaps, to be expected; but each will, doubtless, consider, that had her interest alone been consulted, the consequences might have been particularly disagreeable or injurious to others; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that Country so dear to us all, and secure her freedom and happiness, is our most ardent wish.
With great respect,
we have the honor to be,
SIR,
your excellency's most obedient and humble servants:
GEORGE WASHINGTON, President.
By the unanimous order of the convention.
His Excellency
the President of Congress.
We have now the honor to submit to the consideration of the
The friends of our country have long seen and desired that the power of making war, peace, and treaties, that of levying money, and regulating commerce, and the correspondent executive and judicial authorities, should be fully and effectually vested in the General Government of the Union; but the impropriety of delegating such extensive trust to one body of men is evident: hence results the necessity of a different organization.
It is obviously impracticable in the Federal Government of these States to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstance, as on the object to be obtained. It is at all times difficult to draw with precision the line between those rights which must be surrendered, and those which may be preserved; and, on the present occasion, this difficulty was increased by a difference among the several States as to their situation, extent, habits, and particular interests.
In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true American, the consolidation of our
That it will meet the full and entire approbation of every State is not, perhaps, to be expected; but each will, doubtless, consider, that had her interest alone been consulted, the consequences might have been particularly disagreeable or injurious to others; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that Country so dear to us all, and secure her freedom and happiness, is our most ardent wish.
With great respect,
we have the honor to be,
SIR,
your excellency's most obedient and humble servants:
GEORGE WASHINGTON, President.
By the unanimous order of the convention.
His Excellency
the President of Congress.
Amendments
to the Constitution
skip to Notes up to Letter of Transmittal to Congress
(The procedure for changing the United States Constitution is Article V - Mode of Amendment)
(The Preamble to The Bill of Rights)
(The procedure for changing the United States Constitution is Article V - Mode of Amendment)
(The Preamble to The Bill of Rights)
Congress OF THE United States
begun and held at the City of New-York , on Wednesday the fourth of March, one thousand seven hundred and eighty
nine.
THE Conventions of a number of the
States, having at the time of their adopting the Constitution, expressed a
desire, in order to prevent misconstruction or abuse of its powers, that
further declaratory and restrictive clauses should be
added: And as extending the ground of public confidence in the Government, will
best ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of
Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles
be proposed to the Legislatures of the several States, as amendments to the
Constitution of the United States, all, or any of which Articles, when ratified
by three fourths of the said Legislatures, to be valid
to all intents and purposes, as part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America,
proposed by Congress, and ratified by the Legislatures of the several States,
pursuant to the fifth Article of the original Constitution.12
-
Article the
first. .... After the first enumeration required by the first Article
of the Constitution, there shall be one Representative for every thirty
thousand, until the number shall amount to one hundred, after which, the
proportion shall be so regulated by Congress, that there shall be not less than
one hundred Representatives, nor less than one Representative for every forty
thousand persons, until the number of Representatives shall amount to two
hundred, after which the proportion shall be so regulated by Congress, that
there shall not be less than two hundred Representatives, nor more than one
Representative for every fifty thousand persons.
-
Article the
second. .... No law, varying the compensation for the services
of the Senators and Representatives, shall take effect, until an election of
Representatives shall have intervened. see Amendment
XXVII
Article [I]13
Congress
shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or
the right of the people peaceably to assemble, and to petition
the Government for a redress of
grievances.
Article [II]
A well regulated Militia, being
necessary to the security of a free
State , the right of the people to keep and bear Arms,
shall not be infringed.
Article [III]
No Soldier shall, in time of peace be quartered in any house, without the consent of
the Owner, nor in time of war, but in a manner to be prescribed by law.
Article [IV]
The
right of the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated,
and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
Article [V]
No
person shall be held to answer for a capital, or otherwise infamous crime, unless
on a presentment or indictment of a Grand Jury,
except in cases arising in the land or naval forces, or in the Militia, when in
actual service in time of War or public danger; nor shall any person be subject for the same offence
to be twice put in jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor
be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public
use, without just compensation.
Article [VI]
In
all criminal prosecutions, the accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the State and
district wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with
the witnesses against him; to have compulsory process for obtaining witnesses
in his favor, and to have the Assistance of Counsel for his defense.
Article [VII]
In Suits at common law, where the
value in controversy shall exceed twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by a jury, shall be otherwise re-examined
in any Court of the United
States , than according to the rules of the
common law.
Article [VIII]
Excessive bail shall not be required,
nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
Article [IX]
The enumeration in the Constitution,
of certain rights, shall not be construed to deny or disparage others retained by the people.
Article [X]
The powers not delegated to the United States
by the Constitution, nor prohibited by it to the States, are reserved to the
States respectively, or to
the people.
Attest,
John Beckley, Clerk of the House of Representatives. Sam. A. Otis Secretary of the Senate. |
|
Frederick Augustus Muhlenberg Speaker of the House of
Representatives.
John Adams, Vice-President of the |
(end of the Bill of Rights)
[Article XI]
The Judicial power of the United States shall not be construed to extend
to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or
by Citizens or Subjects of any Foreign
State . ratified #11 affects 10
[Article XII]
The Electors shall meet in their
respective states, and vote by ballot for President and Vice-President, one of
whom, at least, shall not be an inhabitant of the same state with themselves;
they shall name in their ballots the person voted for as President, and in
distinct ballots the person voted for as Vice-President, and they shall make
distinct lists of all persons voted for as President, and of all persons voted
for as Vice-President, and of the number of votes for each, which lists 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 for President, shall be the President, if
such number be a majority of the whole number of Electors appointed; and if no
person have such majority, then from the persons having the highest numbers not
exceeding three on the list of those voted for as
President, the House of Representatives shall choose immediately, by ballot,
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. And if the House of Representatives
shall not choose a President whenever the right of choice shall devolve upon
them, before the fourth day of March next
following, then the Vice-President shall act as President, as in the case of
the death or other constitutional disability of the President.14 --The person having
the greatest number of votes as Vice-President, shall be the Vice-President, if
such number be a majority of the whole number of Electors appointed, and if no
person have a majority, then from the two highest numbers on the list, the
Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a
majority of the whole number shall be necessary to a choice. But no
person constitutionally ineligible to the office of President shall be eligible
to that of Vice-President of the United States . ratified #12 affects 8
Article XIII
Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly convicted, shall
exist within the United
States , or any place subject to their jurisdiction. affects 11
Congress shall have power to enforce this article by appropriate legislation. ratified #13
Congress shall have power to enforce this article by appropriate legislation. ratified #13
Article XIV
1: All persons born or naturalized in the
United States , and subject
to the jurisdiction thereof, are citizens of the United States
and of the State wherein they reside. No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the United States ; nor shall any State
deprive any person of life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal protection of the laws.
2: Representatives shall be apportioned among the several States according to
their respective numbers, counting the whole number of persons in each State,
excluding Indians not taxed. But when the right to vote at any election
for the choice of electors for President and Vice President of the United States,
Representatives in Congress, the Executive and Judicial officers of a State, or
the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,15 and citizens of the United
States, or in any way abridged,
except for participation in rebellion, or other crime, the basis of
representation therein shall be reduced in the proportion which the number of
such male citizens shall bear to the whole
number of male citizens twenty-one years of age in such
State. affects 2
3: No person shall be a Senator or
Representative in Congress, or elector of President and Vice President, or hold
any office, civil or military, under the United States, or under any State,
who, having previously taken an oath, as a member of Congress, or as an officer
of the United States, or as a member of any State legislature, or as an
executive or judicial officer of any State, to support the Constitution of the
United States, shall have engaged in insurrection or rebellion against the
same, or given aid or comfort to the enemies thereof. But Congress may by
a vote of two-thirds of each House, remove such disability.
4: The validity of
the public debt of the United
States , authorized by law, including debts
incurred for payment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay
any debt or obligation incurred in aid of insurrection or rebellion against the
United States ,
or any claim for the loss or emancipation of any slave; but all such debts,
obligations and claims shall be held illegal and void.
5: The Congress shall have power to
enforce, by appropriate legislation, the provisions of this article. ratified #14
Article XV
The right of citizens of the United
States to vote shall not be denied or abridged by the United States or by any State on
account of race, color, or previous condition of servitude.
The Congress shall have power to enforce this article by
appropriate legislation. ratified #15
Article XVI
The Congress shall have power to lay
and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without
regard to any census or enumeration. ratified #16 affects 2
[Article XVII]
1: The Senate of the United States
shall be composed of two Senators from each State, elected by the
people thereof, for six years;
and each Senator shall have one vote. The electors in each State
shall have the qualifications requisite for electors of the most numerous
branch of the State legislatures. affects 3
2: When vacancies happen in the
representation of any State in the Senate, the executive authority of such
State shall issue writs of
election to fill such vacancies: Provided, That the legislature of any
State may empower the executive thereof to make temporary appointments until
the people fill the vacancies by election as the legislature may direct. affects 4
3: This amendment shall not be so
construed as to affect the election or term of any Senator chosen before it
becomes valid as part of the Constitution. ratified #17
Article
[XVIII]16
1: After one year from the ratification
of this article the manufacture, sale, or transportation of intoxicating
liquors within, the importation thereof into, or the exportation thereof from
the United States
and all territory subject to the jurisdiction thereof for
beverage purposes is hereby prohibited.
2: The Congress and the several States
shall have concurrent power to enforce
this article by appropriate legislation.
3: This article shall be inoperative
unless it shall have been ratified as an amendment to the Constitution by the
legislatures of the several States, as provided in the Constitution, within
seven years from the date of the submission hereof to the States by the
Congress. ratified #18
Article [XIX]
The right of citizens of the United
States to vote shall not be denied or abridged by the United States or by any State on
account of sex. affects 15
Congress shall have power to enforce this article by
appropriate legislation. ratified #19
Article [XX]
1: The terms of the President and Vice
President shall end at noon on the 20th day of January, and the terms of
Senators and Representatives at noon on the 3d day of January, of the years in which
such terms would have ended if this article had not been ratified; and the
terms of their successors shall then begin. affects 5
2: The Congress shall assemble at least
once in every year, and such meeting shall begin at noon on the 3d day
of January, unless they shall by law appoint a different day. affects 5
3: If, at the time fixed for the
beginning of the term of the President, the President elect shall have died,
the Vice President elect shall become President. If a President shall not
have been chosen before the time fixed for the beginning of his term, or if the
President elect shall have failed to qualify, then the Vice President elect
shall act as President until a President shall have qualified; and the Congress
may by law provide for the case wherein neither a President elect nor a Vice
President elect shall have qualified, declaring who shall then act as
President, or the manner in which one who is to act shall be selected, and such
person shall act accordingly until a President or Vice President shall have
qualified. affects 9 affects 14
4: The Congress may by law provide for the
case of the death of any of the persons from whom the House of Representatives
may choose a President whenever the right of choice shall have devolved upon them, and for the case of the
death of any of the persons from whom the Senate may choose a Vice President
whenever the right of choice shall have devolved upon them. affects 9
5: Sections 1 and 2 shall take effect on
the 15th day of October following the ratification of this article.
6: This article shall be inoperative
unless it shall have been ratified as an amendment to the Constitution by the
legislatures of three-fourths of
the several States within seven years from the date of its submission. ratified #20
Article [XXI]
1: The eighteenth article of amendment to the
Constitution of the United
States is hereby repealed. affects 16
2: The transportation or importation into
any State, Territory, or possession of the United States for delivery or use
therein of intoxicating liquors, in violation of the laws thereof, is hereby
prohibited.
3: This article shall be inoperative
unless it shall have been ratified as an amendment to the Constitution by
conventions in the several States, as provided in the Constitution, within seven years from the date of the submission
hereof to the States by the Congress. ratified #21
Amendment XXII
1: No person shall be elected to the
office of the President more than twice, and no person who has held the office
of President, or acted as President, for more than two years
of a term to which some other person was elected President shall be elected to
the office of the President more than once. But this article shall not
apply to any person holding the office of President when this article was
proposed by the Congress, and shall not prevent any person who may be holding
the office of President, or acting as President, during the term within which
this article becomes operative from holding the office of President or acting
as President during the remainder of such term.
2: This article shall be inoperative
unless it shall have been ratified as an amendment to the Constitution by the
legislatures of three-fourths of
the several states within seven years from the date of its submission
to the states by the Congress. ratified #22
Amendment XXIII
1: The District constituting the seat of
government of the United States shall appoint in such manner as the Congress
may direct: A number of electors of President and Vice President equal
to the whole number of Senators and Representatives in Congress to which the
District would be entitled if it were a state, but in no event more than the least
populous state; they shall be in addition to those appointed by the states, but
they shall be considered, for the purposes of the election of President and
Vice President, to be electors appointed by a state; and they shall meet in the
District and perform such duties as provided by the twelfth article of amendment.
Amendment XXIV
1. The right of citizens of the United
States to vote in any primary or other election for President or Vice
President, for electors for President or Vice President, or for Senator or
Representative in Congress, shall not be denied or abridged by the United States or any state by
reason of failure to pay any poll tax or other tax.
Amendment XXV affects 9
1: In case of the removal of the
President from office or of his death or resignation, the Vice President shall
become President.
2: Whenever there is a vacancy in the
office of the Vice President, the President shall nominate a Vice President who
shall take office upon confirmation by a majority vote of both Houses of
Congress.
3: Whenever the President transmits to
the President pro tempore of the Senate and the Speaker of the
House of Representatives his written declaration that he is unable to discharge
the powers and duties of his office, and until he transmits
to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice
President as Acting President.
4: Whenever the Vice President and a
majority of either the principal officers of the executive departments or of
such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the
House of Representatives their written declaration that the President is unable
to discharge the powers and duties of his office, the Vice President
shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President
transmits to the President pro
tempore of the Senate and the
Speaker of the House of Representatives his written declaration that no
inability exists, he shall resume the powers and duties of his office unless the Vice
President and a majority of either the principal officers of the executive
department or of such other body as Congress may by law provide, transmit
within four days to the President pro
tempore of the Senate and the
Speaker of the House of Representatives their written declaration that the
President is unable to discharge the powers and duties of his office. Thereupon Congress
shall decide the issue, assembling within forty-eight hours for that purpose if not in
session. If the Congress, within twenty-one days after receipt of the latter
written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that the President
is unable to discharge the powers and duties of his office, the Vice President
shall continue to discharge the same as Acting President; otherwise, the
President shall resume the powers and duties of his office. ratified #25
Amendment XXVI
1: The right of citizens of the United
States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on
account of age. affects 15
2: The Congress shall have the power to
enforce this article by appropriate legislation. ratified #26
Amendment XXVII
No law varying the compensation for
the services of the Senators and Representatives shall take effect until an
election of Representatives shall have intervened. ratified #27
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