 |
|
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
|
|