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 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 Offences 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 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 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 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 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.
The Word, "the," being interlined between the seventh and eighth
Lines of the first Page, the Word "Thirty" being partly written on
an Erazure in the fifteenth Line of the first Page, The Words "is
tried" being interlined between the thirty second and thirty third
Lines of the first Page and the Word "the" being interlined between
the forty third and forty fourth Lines of the second Page.
Attest William Jackson Secretary
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
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
- 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 Brearley
Wm.
Paterson
Jona: Dayton
Pennsylvania
B
Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer
Thos.
FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris

[The first 10 amendments to the Constitution were ratified
December 15, 1791, and form what is known as the "Bill of
Rights.]