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The
Constitution of the United States of America
We the people of the United States, in order to form a more perfect
union, establish justice, insure domestic tranquility, provide for the
common defense, promote the general welfare, and secure the blessings
of liberty to ourselves and our posterity, do ordain and establish this
Constitution for the United States of America.
Article I
Section 1. All legislative powers herein granted shall be vested in
a Congress of the United States, which shall consist of a Senate and
House of Representatives.
Section 2. The House of Representatives shall be composed of members
chosen every second year by the people of the several states, and the
electors in each state shall have the qualifications requisite for electors
of the most numerous branch of the state legislature.
No person shall be a Representative who shall not have attained to the
age of twenty five years, and been seven years a citizen of the United
States, and who shall not, when elected, be an inhabitant of that state
in which he shall be chosen.
Representatives and direct taxes shall be apportioned among the several
states which may be included within this union, according to their respective
numbers, which shall be determined by adding to the whole number of
free persons, including those bound to service for a term of years,
and excluding Indians not taxed, three fifths of all other Persons.
The actual Enumeration shall be made within three years after the first
meeting of the Congress of the United States, and within every subsequent
term of ten years, in such manner as they shall by law direct. The number
of Representatives shall not exceed one for every thirty thousand, but
each state shall have at least one Representative; and until such enumeration
shall be made, the state of New Hampshire shall be entitled to chuse
three, Massachusetts eight, Rhode Island and Providence Plantations
one, Connecticut five, New York six, New Jersey four, Pennsylvania eight,
Delaware one, Maryland six, Virginia ten, North Carolina five, South
Carolina five, and Georgia three.
When vacancies happen in the Representation from any state, the executive
authority thereof shall issue writs of election to fill such vacancies.
The House of Representatives shall 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 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 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 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 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 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 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.
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
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 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
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.
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 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.
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,
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.
Article VII
The ratification of the conventions of nine states, shall be sufficient
for the establishment of this Constitution between the states so ratifying
the same.
Done in convention by the unanimous consent of the states present the
seventeenth day of September in the year of our Lord one thousand seven
hundred and eighty seven and of the independence of the United States
of America the twelfth. In witness whereof We have hereunto subscribed
our Names,
G. Washington-Presidt. 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
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