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.
The House of Representatives shall be composed of Members chosen
every second Year by the People of the several States, and the
Electors in each State shall have the Qualifications requisite for
Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall not have attained to
the Age of twenty five Years, and been seven Years a Citizen of the
United States, and who shall not, when elected, be an Inhabitant of
that State in which he shall be chosen.
Representatives and direct Taxes shall be apportioned among the
several States which may be included within this Union, according
to their respective Numbers, which shall be determined by adding to
the whole Number of free Persons, including those bound to Service
for a Term of Years, and excluding Indians not taxed, three fifths
of all other Persons. The actual Enumeration shall be made within
three Years after the first Meeting of the Congress of the United
States, and within every subsequent Term of ten Years, in such
Manner as they shall by Law direct. The Number of Representatives
shall not exceed one for every thirty Thousand, but each State
shall have at Least one Representative; and until such enumeration
shall be made, the State of New Hampshire shall be entitled to
chuse three, Massachusetts eight, Rhode Island and Providence
Plantations one, Connecticut five, New York six, New Jersey four,
Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North
Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the
Executive Authority thereof shall issue Writs of Election to fill
such Vacancies.
The House of Representatives shall chuse their Speaker and other
Officers; and shall have the sole Power of Impeachment.
Section. 3.
The Senate of the United States shall be composed of two Senators
from each State, chosen by the Legislature thereof, for six Years;
and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the
first Election, they shall be divided as equally as may be into
three Classes. The Seats of the Senators of the first Class shall
be vacated at the Expiration of the second Year, of the second
Class at the Expiration of the fourth Year, and of the third Class
at the Expiration of the sixth Year, so that one third may be
chosen every second Year; and if Vacancies happen by Resignation,
or otherwise, during the Recess of the Legislature of any State,
the Executive thereof may make temporary Appointments until the
next Meeting of the Legislature,which shall then fill such
Vacancies.
No Person shall be a Senator who shall not have attained to the Age
of thirty Years, and been nine Years a Citizen of the United
States, and who shall not, when elected, be an Inhabitant of that
State for which he shall be chosen.
The Vice President of the United States shall be President of the
Senate, but shall have no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President
pro tempore, in the Absence of the Vice President, or when he shall
exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When
sitting for that Purpose, they shall be on Oath or Affirmation.
When the President of the United States is tried, the Chief Justice
shall preside: And no Person shall be convicted without the
Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to
removal from Office, and disqualification to hold and enjoy any
Office of honor, Trust or Profit under the United States: but the
Party convicted shall nevertheless be liable and subject to
Indictment, Trial, Judgment and Punishment, according to Law.
Section. 4.
The Times, Places and Manner of holding Elections for Senators and
Representatives, shall be prescribed in each State by the
Legislature thereof; but the Congress may at any time by Law make
or alter such Regulations, except as to the Places of chusing
Senators.
The Congress shall assemble at least once in every Year, and such
Meeting shall be on the first Monday in December, unless they shall
by Law appoint a different Day.
Section. 5.
Each House shall be the Judge of the Elections, Returns and
Qualifications of its own Members, and a Majority of each shall
constitute a Quorum to do Business; but a smaller Number may
adjourn from day to day, and may be authorized to compel the
Attendance of absent Members, in such Manner, and under such
Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its
Members for disorderly Behaviour, and, with the Concurrence of two
thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time
to time publish the same, excepting such Parts as may in their
Judgment require Secrecy; and the Yeas and Nays of the Members of
either House on any question shall, at the Desire of one fifth of
those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the
Consent of the other, adjourn for more than three days, nor to any
other Place than that in which the two Houses shall be sitting.
Section. 6.
The Senators and Representatives shall receive a Compensation for
their Services, to be ascertained by Law, and paid out of the
Treasury of the United States. They shall in all Cases, except
Treason, Felony and Breach of the Peace, be privileged from Arrest
during their Attendance at the Session of their respective Houses,
and in going to and returning from the same; and for any Speech or
Debate in either House, they shall not be questioned in any other
Place.
No Senator or Representative shall, during the Time for which he
was elected, be appointed to any civil Office under the Authority
of the United States, which shall have been created, or the
Emoluments whereof shall have been encreased during such time; and
no Person holding any Office under the United States, shall be a
Member of either House during his Continuance in Office.
Section. 7.
All Bills for raising Revenue shall originate in the House of
Representatives; but the Senate may propose or concur with
Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and
the Senate, shall, before it become a Law, be presented to the
President of the United States; If he approve he shall sign it, but
if not he shall return it, with his Objections to that House in
which it shall have originated, who shall enter the Objections at
large on their Journal, and proceed to reconsider it. If after such
Reconsideration two thirds of that House shall agree to pass the
Bill, it shall be sent, together with the Objections, to the other
House, by which it shall likewise be reconsidered, and if approved
by two thirds of that House, it shall become a Law. But in all such
Cases the Votes of both Houses shall be determined by yeas and
Nays, and the Names of the Persons voting for and against the Bill
shall be entered on the Journal of each House respectively. If any
Bill shall not be returned by the President within ten Days
(Sundays excepted) after it shall have been presented to him, the
Same shall be a Law, in like Manner as if he had signed it, unless
the Congress by their Adjournment prevent its Return, in which Case
it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the
Senate and House of Representatives may be necessary (except on a
question of Adjournment) shall be presented to the President of the
United States; and before the Same shall take Effect, shall be
approved by him, or being disapproved by him, shall be repassed by
two thirds of the Senate and House of Representatives, according to
the Rules and Limitations prescribed in the Case of a Bill.
Section. 8.
The Congress shall have Power To lay and collect Taxes, Duties,
Imposts and Excises, to pay the Debts and provide for the common
Defence and general Welfare of the United States; but all Duties,
Imposts and Excises shall be uniform throughout the United
States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several
States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on
the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and
fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and
current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for
limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high
Seas, and 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, dock Yards, and other
needful Buildings; And
To make all Laws which shall be necessary and proper for carrying
into Execution the foregoing Powers, and all other Powers vested by
this Constitution in the Government of the United States, or in any
Department or Officer thereof.
Section. 9.
The Migration or Importation of such Persons as any of the States
now existing shall think proper to admit, shall not be prohibited
by the Congress prior to the Year one thousand eight hundred and
eight, but a Tax or duty may be imposed on such Importation, not
exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended,
unless when in Cases of Rebellion or Invasion the public Safety may
require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in
Proportion to the Census or Enumeration herein before directed to
be taken.
No Tax or Duty shall be laid on Articles exported from any
State.
No Preference shall be given by any Regulation of Commerce or
Revenue to the Ports of one State over those of another: nor shall
Vessels bound to, or from, one State, be obliged to enter, clear,
or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of
Appropriations made by Law; and a regular Statement and Account of
the Receipts and Expenditures of all public Money shall be
published from time to time.
No Title of Nobility shall be granted by the United States: And no
Person holding any Office of Profit or Trust under them, shall,
without the Consent of the Congress, accept of any present,
Emolument, Office, or Title, of any kind whatever, from any King,
Prince, or foreign State.
Section. 10.
No State shall enter into any Treaty, Alliance, or Confederation;
grant Letters of Marque and Reprisal; coin Money; emit Bills of
Credit; make any Thing but gold and silver Coin a Tender in Payment
of Debts; pass any Bill of Attainder, ex post facto Law, or Law
impairing the Obligation of Contracts, or grant any Title of
Nobility.
No State shall, without the Consent of the Congress, lay any
Imposts or Duties on Imports or Exports, except what may be
absolutely necessary for executing it's inspection Laws: and the
net Produce of all Duties and Imposts, laid by any State on Imports
or Exports, shall be for the Use of the Treasury of the United
States; and all such Laws shall be subject to the Revision and
Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of
Tonnage, keep Troops, or Ships of War in time of Peace, enter into
any Agreement or Compact with another State, or with a foreign
Power, or engage in War, unless actually invaded, or in such
imminent Danger as will not admit of delay.
Article. II.
Section. 1.
The executive Power shall be vested in a President of the United
States of America. He shall hold his Office during the Term of four
Years, and, together with the Vice President, chosen for the same
Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature thereof
may direct, a Number of Electors, equal to the whole Number of
Senators and Representatives to which the State may be entitled in
the Congress: but no Senator or Representative, or Person holding
an Office of Trust or Profit under the United States, shall be
appointed an Elector.
The Electors shall meet in their respective States, and vote by
Ballot for two Persons, of whom one at least shall not be an
Inhabitant of the same State with themselves. And they shall make a
List of all the Persons voted for, and of the Number of Votes for
each; which List they shall sign and certify, and transmit sealed
to the Seat of the Government of the United States, directed to the
President of the Senate. The President of the Senate shall, in the
Presence of the Senate and House of Representatives, open all the
Certificates, and the Votes shall then be counted. The Person
having the greatest Number of Votes shall be the President, if such
Number be a Majority of the whole Number of Electors appointed; and
if there be more than one who have such Majority, and have an equal
Number of Votes, then the House of Representatives shall
immediately chuse by Ballot one of them for President; and if no
Person have a Majority, then from the five highest on the List the
said House shall in like Manner chuse the President. But in chusing
the President, the Votes shall be taken by States, the
Representation from each State having one Vote; A quorum for this
purpose shall consist of a Member or Members from two thirds of the
States, and a Majority of all the States shall be necessary to a
Choice. In every Case, after the Choice of the President, the
Person having the greatest Number of Votes of the Electors shall be
the Vice President. But if there should remain two or more who have
equal Votes, the Senate shall chuse from them by Ballot the Vice
President.
The Congress may determine the Time of chusing the Electors, and
the Day on which they shall give their Votes; which Day shall be
the same throughout the United States.
No Persons except a natural born Citizen, or a Citizen of the
United States, at the time of the Adoption of this Constitution,
shall be eligible to the Office of President; neither shall any
Person be eligible to that Office who shall not have attained to
the Age of thirty five Years, and been fourteen Years a Resident
within the United States.
In Case of the Removal of the President from Office, or of his
Death, Resignation, or Inability to discharge the Powers and Duties
of the said Office, the Same shall devolve on the Vice President,
and the Congress may by Law provide for the Case of Removal, Death,
Resignation or Inability, both of the President and Vice President,
declaring what Officer shall then act as President, and such
Officer shall act accordingly, until the Disability be removed, or
a President shall be elected.
The President shall, at stated Times, receive for his Services, a
Compensation, which shall neither be increased nor diminished
during the Period for which he shall have been elected, and he
shall not receive within that Period any other Emolument from the
United States, or any of them.
Before he enter on the Execution of his Office, he shall take the
following Oath or Affirmation: "I do solemnly swear (or affirm)
that I will faithfully execute the Office of President of the
United States, and will to the best of my Ability, preserve,
protect and defend the Constitution of the United States."
Section. 2.
The President shall be Commander in Chief of the Army and Navy of
the United States, and of the Militia of the several States, when
called into the actual Service of the United States; he may require
the Opinion, in writing, of the principal Officer in each of the
executive Departments, upon any Subject relating to the Duties of
their respective Offices, and he shall have Power to grant
Reprieves and Pardons for Offences against the United States,
except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the
Senate, to make Treaties, provided two thirds of the Senators
present concur; and he shall nominate, and by and with the Advice
and Consent of the Senate, shall appoint Ambassadors, other public
Ministers and Consuls, Judges of the supreme Court, and all other
Officers of the United States, whose Appointments are not herein
otherwise provided for, and which shall be established by Law: but
the Congress may by Law vest the Appointment of such inferior
Officers, as they think proper, in the President alone, in the
Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may
happen during the Recess of the Senate, by granting Commissions
which shall expire at the End of their next Session.
Section. 3.
He shall from time to time give to the Congress Information of the
State of the Union, and recommend to their Consideration such
Measures as he shall judge necessary and expedient; he may, on
extraordinary Occasions, convene both Houses, or either of them,
and in Case of Disagreement between them, with Respect to the Time
of Adjournment, he may adjourn them to such Time as he shall think
proper; he shall receive Ambassadors and other public Ministers; he
shall take Care that the Laws be faithfully executed, and shall
Commission all the Officers of the United States.
Section. 4.
The President, Vice President and all civil Officers of the United
States, shall be removed from Office on Impeachment for, and
Conviction of, Treason, Bribery, or other high Crimes and
Misdemeanors.
Article. III.
Section. 1.
The judicial Power of the United States, shall be vested in one
supreme Court, and in such inferior Courts as the Congress may from
time to time ordain and establish. The Judges, both of the supreme
and inferior Courts, shall hold their Offices during good
Behaviour, and shall, at stated Times, receive for their Services,
a Compensation, which shall not be diminished during their
Continuance in Office.
Section. 2.
The judicial Power shall extend to all Cases, in Law and Equity,
arising under this Constitution, the Laws of the United States, and
Treaties made, or which shall be made, under their Authority; to
all Cases affecting Ambassadors, other public Ministers and
Consuls; to all Cases of admiralty and maritime Jurisdiction; to
Controversies to which the United States shall be a Party; to
Controversies between two or more States; between a State and
Citizens of another State; between Citizens of different
States; between Citizens of the same State claiming Lands under
Grants of different States, and between a State, or the Citizens
thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and
Consuls, and those in which a State shall be Party, the supreme
Court shall have original Jurisdiction. In all the other Cases
before mentioned, the supreme Court shall have appellate
Jurisdiction, both as to Law and Fact, with such Exceptions, and
under such Regulations as the Congress shall make. The Trial of all
Crimes, except in Cases of Impeachment, shall be by Jury; and such
Trial shall be held in the State where the said Crimes shall have
been committed; but when not committed within any State, the Trial
shall be at such Place or Places as the Congress may by Law have
directed.
Section. 3.
Treason against the United States, shall consist only in levying
War against them, or in adhering to their Enemies, giving them Aid
and Comfort. No Person shall be convicted of Treason unless on the
Testimony of two Witnesses to the same overt Act, or on Confession
in open Court.
The Congress shall have Power to declare the Punishment of Treason,
but no Attainder of Treason shall work Corruption of Blood, or
Forfeiture except during the Life of the Person attained.
Article. IV.
Section. 1.
Full Faith and Credit shall be given in each State to the public
Acts, Records, and judicial Proceedings of every other State. And
the Congress may by general Laws prescribe the Manner in which such
Acts, Records and Proceedings shall be proved, and the Effect
thereof.
Section. 2.
The Citizens of each State shall be entitled to all Privileges and
Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime,
who shall flee from Justice, and be found in another State, shall
on Demand of the executive Authority of the State from which he
fled, be delivered up, to be removed to the State having
Jurisdiction of the Crime.
No Person held to Service or Labour in one State, under the Laws
thereof, escaping into another, shall, in Consequence of any Law or
Regulation therein, be discharged from such Service or Labour, but
shall be delivered up on Claim of the Party to whom such Service or
Labour may be due.
Section. 3.
New States may be admitted by the Congress into this Union; but no
new State shall be formed or erected within the Jurisdiction of any
other State; nor any State be formed by the Junction of two or more
States, or Parts of States, without the Consent of the Legislatures
of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful
Rules and Regulations respecting the Territory or other Property
belonging to the United States; and nothing in this Constitution
shall be so construed as to Prejudice any Claims of the United
States, or of any particular State.
Section. 4.
The United States shall guarantee to every State in this Union a
Republican Form of Government, and shall protect each of them
against Invasion; and on Application of the Legislature, or of the
Executive (when the Legislature cannot be convened) against
domestic Violence.
Article. V.
The Congress, whenever two thirds of both Houses shall deem it
necessary, shall propose Amendments to this Constitution, or, on
the Application of the Legislatures of two thirds of the several
States, shall call a Convention for proposing Amendments, which, in
either Case, shall be valid to all Intents and Purposes, as Part of
this Constitution, when ratified by the Legislatures of three
fourths of the several States, or by Conventions in three fourths
thereof, as the one or the other Mode of Ratification may be
proposed by the Congress; Provided that no Amendment which may be
made prior to the Year One thousand eight hundred and eight shall
in any Manner affect the first and fourth Clauses in the Ninth
Section of the first Article; and that no State, without its
Consent, shall be deprived of its equal Suffrage in the Senate.
Article. VI.
All Debts contracted and Engagements entered into, before the
Adoption of this Constitution, shall be as valid against the United
States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be
made in Pursuance thereof; and all Treaties made, or which shall be
made, under the Authority of the United States, shall be the
supreme Law of the Land; and the Judges in every State shall be
bound thereby, any Thing in the Constitution or Laws of any State
to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members
of the several State Legislatures, and all executive and judicial
Officers, both of the United States and of the several States,
shall be bound by Oath or Affirmation, to support this
Constitution; but no religious Test shall ever be required as a
Qualification to any Office or public Trust under the United
States.
Article. VII.
The Ratification of the Conventions of nine States, shall be
sufficient for the Establishment of this Constitution between the
States so ratifying the Same.
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,
Go. 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 Jersery:
Wil: Livingston
David Brearley
Wm. Paterson
Jona: Dayton
Pennsylvania:
B Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris
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
Attest William Jackson Secretary