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.
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 ma de, 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 th
When vacancies happen in
the Representation from any state, the executive
authority thereof shall issue writs of election to
fill such vacancies.
The House of
Representatives shall choose their speaker and other
officers; and shall have the sole power of
impeachment.
Section 3. The Senate of the United
States shall be composed of two Senators from each
state, chosen by the legislature thereof, for six
years; and each Senator shall have one vote.
Immediately after they
shall be assembled in consequence of the first
election, they shall be divided as equally as may be
into three classes. The seats of the Senators of the
first class shall be vacated at the expiration of
the second year, of the second class at the
expiration of the fourth year, and the third class
at the expiration of the sixth year, so that one
third may be chosen every second year; and if
vacancies happen by resignation, or otherwise,
during the recess o f the legislature of any state,
the executive thereof may make temporary
appointments until the next meeting of the
legislature, which shall then fill such vacancies.
No person shall be a
Senator who shall not have attained to the age of
thirty years, and been nine years a citizen of the
United States and who shall not, when elected, be an
inhabitant of that state for which he shall be
chosen.
The Vice President of
the United States shall be President of the Senate,
but shall have no vote, unless they be equally
divided.
The Senate shall choose
their other officers, and also a President pro
tempore, in the absence of the Vice President, or
when he shall exercise the office of President of
the United States.
The Senate shall have
the sole power to try all impeachments. When sitting
for that purpose, they shall be on oath or
affirmation. When the President of the United States
is tried, the Chief Justice shall preside: And no
person shall be convicted without the concurrence of
two thirds of the members present.
Judgment in cases of
impeachment shall not extend further than to removal
from office, and disqualification to hold and enjoy
any office of honor, trust or profit under the
United States: but the party convicted shall
nevertheless be liable and subject to indictment,
trial, judgment and punishment, according to law.
Section 4. The times, places and manner
of holding elections for Senators and
Representatives, shall be prescribed in each state
by the legislature thereof; but the Congress may at
any time by law make or alter such regulations,
except as to the places of choosing Senators.
The Congress shall
assemble at least once in every year, and such
meeting shall be on the first Monday in December,
unless they shall by law appoint a different day.
Section 5. Each House shall be the
judge of the elections, returns and qualifications
of its own members, and a majority of each shall
constitute a quorum to do business; but a smaller
number may adjourn from day to day, and may be
authorized to compel the attendance of absent
members, in such manner, and under such penalties as
each House may provide.
Each House may determine
the rules of its proceedings, punish its members for
disorderly behavior, and, with the concurrence of
two thirds, expel a member.
Each House shall keep a
journal of its proceedings, and from time to time
publish the same, excepting such parts as may in
their judgment require secrecy; and the yeas and
nays of the members of either House on any question
shall, at the desire of on e fifth of those present,
be entered on the journal.
Neither House, during
the session of Congress, shall, without the consent
of the other, adjourn for more than three days, nor
to any other place than that in which the two Houses
shall be sitting.
Section 6. The Senators and
Representatives shall receive a compensation for
their services, to be ascertained by law, and paid
out of the treasury of the United States. They shall
in all cases, except treason, felony and breach of
the peace, be privileged from arrest during their
attendance at the session of their respective
Houses, and in going to and returning from the same;
and for any speech or debate in either House, they
shall not be questioned in any other place.
No Senator or
Representative shall, during the time for which he
was elected, be appointed to any civil office under
the authority of the United States, which shall have
been created, or the emoluments whereof shall have
been increased during such time: and no person
holding any office under the United States, shall be
a member of either House during his continuance in
office.
Section 7. All bills for raising
revenue shall originate in the House of
Representatives; but the Senate may propose or
concur with amendments as on other Bills.
Every bill which shall
have passed the House of Representatives and the
Senate, shall, before it become a law, be presented
to the President of the United States; if he approve
he shall sign it, but if not he shall return it,
with his objections to t hat 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 person s voting for and against
the bill shall be entered on the journal of each
House respectively. If any bill shall not be
returned by the President within ten days (Sundays
excepted) after it shall have been presented to him,
the same shall be a law, in like manner as if he had
signed it, unless the Congress by their adjournment
prevent its return, in which case it shall not be a
law.
Every order, resolution,
or vote to which the concurrence of the Senate and
House of Representatives may be necessary (except on
a question of adjournment) shall be presented to the
President of the United States; and before the same
shall take effect, shall be approved by him, or
being disapproved by him, shall be repassed by two
thirds of the Senate and House of Representatives,
according to the rules and limitations prescribed in
the case of a bill.
Section 8. The Congress shall have
power to lay and collect taxes, duties, imposts and
excises, to pay the debts and provide for the common
defense and general welfare of the United States;
but all duties, imposts and excises shall be uniform
throughout the United States;
To borrow money on the
credit of the United States;
To regulate commerce
with foreign nations, and among the several states,
and with the Indian tribes;
To establish a uniform
rule of naturalization, and uniform laws on the
subject of bankruptcies throughout the United
States;
To coin money, regulate
the value thereof, and of foreign coin, and fix the
standard of weights and measures;
To provide for the
punishment of counterfeiting the securities and
current coin of the United States;
To establish post
offices and post roads;
To promote the progress
of science and useful arts, by securing for limited
times to authors and inventors the exclusive right
to their respective writings and discoveries;
To constitute tribunals
inferior to the Supreme Court;
To define and punish
piracies and felonies committed on the high seas,
and offenses against the law of nations;
To declare war, grant
letters of marque and reprisal, and make rules
concerning captures on land and water;
To raise and support
armies, but no appropriation of money to that use
shall be for a longer term than two years;
To provide and maintain
a navy;
To make rules for the
government and regulation of the land and naval
forces;
To provide for calling
forth the militia to execute the laws of the union,
suppress insurrections and repel invasions;
To provide for
organizing, arming, and disciplining, the militia,
and for governing such part of them as may be
employed in the service of the United States,
reserving to the states respectively, the
appointment of the officers, and the authority of
training the militia according to the discipline
prescribed by Congress;
To exercise exclusive
legislation in all cases whatsoever, over such
District (not exceeding ten miles square) as may, by
cession of particular states, and the acceptance of
Congress, become the seat of the government of the
United States, and to exercise like authority over
all places purchased by the consent of the
legislature of the state in which the same shall be,
for the erection of forts, magazines, arsenals,
dockyards, and other needful buildings;--And
To make all laws which
shall be necessary and proper for carrying into
execution the foregoing powers, and all other powers
vested by this Constitution in the government of the
United States, or in any department or officer
thereof.
Section 9. The migration or importation
of such persons as any of the states now existing
shall think proper to admit, shall not be prohibited
by the Congress prior to the year one thousand eight
hundred and eight, but a tax or duty may be imposed
on such importation, not exceeding ten dollars for
each person.
The privilege of the
writ of habeas corpus shall not be suspended, unless
when in cases of rebellion or invasion the public
safety may require it.
No bill of attainder or
ex post facto Law shall be passed.
No capitation, or other
direct, tax shall be laid, unless in proportion to
the census or enumeration herein before directed to
be taken.
No tax or duty shall be
laid on articles exported from any state.
No preference shall be
given by any regulation of commerce or revenue to
the ports of one state over those of another: nor
shall vessels bound to, or from, one state, be
obliged to enter, clear or pay duties in another.
No money shall be drawn
from the treasury, but in consequence of
appropriations made by law; and a regular statement
and account of receipts and expenditures of all
public money shall be published from time to time.
No title of nobility
shall be granted by the United States: and no person
holding any office of profit or trust under them,
shall, without the consent of the Congress, accept
of any present, emolument, office, or title, of any
kind whatever, from any king, prince, or foreign
state.
Section 10. No state shall enter into
any treaty, alliance, or confederation; grant
letters of marque and reprisal; coin money; emit
bills of credit; make anything but gold and silver
coin a tender in payment of debts; pass any bill of
attainder, ex post facto law, or law impairing the
obligation of contracts, or grant any title of
nobility.
No state shall, without
the consent of the Congress, lay any imposts or
duties on imports or exports, except what may be
absolutely necessary for executing 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.
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.
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 mo re than one who have such
majority, and have an equal number of votes, then
the House of Representatives shall immediately
choose by ballot one of them for President; and if
no person have a majority, then from the five
highest on the list the said House shall in like
manner choose the President. But in choosing the
President, the votes shall be taken by States, the
representation from each state having one vote; A
quorum for this purpose shall consist of a member or
members from two thirds of the states, and a
majority of all the states shall be necessary to a
choice. In every case, after the choice of the
President, the person having the greatest number of
votes of the electors shall be the Vice President.
But if there should remain two or more who have
equal votes, the Senate shall choose from them by
ballot the Vice President.
The Congress may
determine the time of choosing the electors, and the
day on which they shall give their votes; which day
shall be the same throughout the United States.
No person except a
natural born citizen, or a citizen of the United
States, at the time of the adoption of this
Constitution, shall be eligible to the office of
President; neither shall any person be eligible to
that office who shall not have attained to the age
of thirty five years, and been fourteen Years a
resident within the United States.
In case of the removal
of the President from office, or of his death,
resignation, or inability to discharge the powers
and duties of the said office, the same shall
devolve on the Vice President, and the Congress may
by law pro vide for the case of removal, death,
resignation or inability, both of the President and
Vice President, declaring what officer shall then
act as President, and such officer shall act
accordingly, until the disability be removed, or a
President shall be elected.
The President shall, at
stated times, receive for his services, a
compensation, which shall neither be increased nor
diminished during the period for which he shall have
been elected, and he shall not receive within that
period any other emolument from the United States,
or any of them.
Before he enter on the
execution of his office, he shall take the following
oath or affirmation:--"I do solemnly swear (or
affirm) that I will faithfully execute the office of
President of the United States, and will to the best
of my ability, preserve, protect and defend the
Constitution of the United States."
Section 2. The President shall be
commander in chief of the Army and Navy of the
United States, and of the militia of the several
states, when called into the actual service of the
United States; he may require the opinion, in
writing, of the principal officer in each of the
executive departments, upon any subject relating to
the duties of their respective offices, and he shall
have power to grant reprieves and pardons for
offenses against the United States, except in cases
of impeachment.
He shall have power, by
and with the advice and consent of the Senate, to
make treaties, provided two thirds of the Senators
present concur; and he shall nominate, and by and
with the advice and consent of the Senate, shall
appoint ambassadors, other public ministers and
consuls, judges of the Supreme Court, and all other
officers of the United States, whose appointments
are not herein otherwise provided for, and which
shall be established by law: but the Congress may by
law vest the appointment of such inferior officers,
as they think proper, in the President alone, in the
courts of law, or in the heads of departments.
The President shall have
power to fill up all vacancies that may happen
during the recess of the Senate, by granting
commissions which shall expire at the end of their
next session.
Section 3. He shall from time to time
give to the Congress information of the state of the
union, and recommend to their consideration such
measures as he shall judge necessary and expedient;
he may, on extraordinary occasions, convene both
Houses, or either of them, and in case of
disagreement between them, with respect to the time
of adjournment, he may adjourn them to such time as
he shall think proper; he shall receive ambassadors
and other public ministers ; he shall take care that
the laws be faithfully executed, and shall
commission all the officers of the United States.
Section 4. The President, Vice
President and all civil officers of the United
States, shall be removed from office on impeachment
for, and conviction of, treason, bribery, or other
high crimes and misdemeanors.
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.
Section 1. Full faith and credit shall
be given in each state to the public acts, records,
and judicial proceedings of every other state. And
the Congress may by general laws prescribe the
manner in which such acts, records, and proceedings
shall be proved, and the effect thereof.
Section 2. The citizens of each state
shall be entitled to all privileges and immunities
of citizens in the several states.
A person charged in any
state with treason, felony, or other crime, who
shall flee from justice, and be found in another
state, shall on demand of the executive authority of
the state from which he fled, be delivered up, to be
removed to the state having jurisdiction of the
crime.
No person held to
service or labor in one state, under the laws
thereof, escaping into another, shall, in
consequence of any law or regulation therein, be
discharged from such service or labor, but shall be
delivered up on claim of the party to whom such
service or labor may be due.
Section 3. New states may be admitted
by the Congress into this union; but no new states
shall be formed or erected within the jurisdiction
of any other state; nor any state be formed by the
junction of two or more states, or parts of states,
without the consent of the legislatures of the
states concerned as well as of the Congress.
The Congress shall have
power to dispose of and make all needful rules and
regulations respecting the territory or other
property belonging to the United States; and nothing
in this Constitution shall be so construed as to
prejudice any claims of the United States, or of any
particular state.
Section 4. The United States shall
guarantee to every state in this union a republican
form of government, and shall protect each of them
against invasion; and on application of the
legislature, or of the executive (when the
legislature cannot be convened) against domestic
violence.
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.
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 stat e shall be bound thereby,
anything in the Constitution or laws of any State to
the contrary notwithstanding.
The Senators and
Representatives before mentioned, and the members of
the several state legislatures, and all executive
and judicial officers, both of the United States and
of the several states, shall be bound by oath or
affirmation, to support this Constitution; but no
religious test shall ever be required as a
qualification to any office or public trust under
the United States.
The ratification of the
conventions of nine states, shall be sufficient for
the establishment of this Constitution between the
states so ratifying the same.
Done in convention by
the unanimous consent of the states present the
seventeenth day of September in the year of our Lord
one thousand seven hundred and eighty seven and of
the independence of the United States of America the
twelfth.
In witness whereof We
have hereunto subscribed our Names,
G. Washington-President.
and deputy from Virginia
New Hampshire:
John Langdon, Nicholas Gilman
Massachusetts:
Nathaniel Gorham, Rufus King
Connecticut:
Wm: Saml. Johnson, Roger Sherman
New York:
Alexander Hamilton
New Jersey:
Wil: Livingston, David Brearly, Wm. Paterson, Jona:
Dayton
Pennsylvania:
B. Franklin, Thomas Mifflin, Robt. Morris, Geo.
Clymer, Thos. FitzSimons, Jared Ingersoll, James
Wilson, Gouv Morris
Delaware:
Geo: Read, Gunning Bedford jun, John Dickinson,
Richard Bassett, Jaco: Broom
Maryland:
James McHenry, Dan of St Thos. Jenifer, Danl Carroll
Virginia:
John Blair--, James Madison Jr.
North Carolina:
Wm. Blount, Richd. Dobbs Spaight, Hu Williamson
South Carolina:
J. Rutledge, Charles Cotesworth Pinckney, Charles
Pinckney, Pierce Butler
Georgia:
William Few, Abr Baldwin