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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
(See Note 2) 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.
Clause 4: When vacancies
happen in the Representation from any State, the Executive Authority thereof
shall issue Writs of Election to fill such Vacancies.
Clause 5: The House of Representatives
shall chuse their Speaker and other Officers; and shall have the sole Power
of
impeachment. Section. 3.
Clause 1: The Senate of
the United States shall be composed of two Senators from each State, chosen
by the Legislature thereof,
(See Note 3) for six Years; and each Senator
shall have one Vote.
Clause 2: 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.
(See Note 4) Clause 3: 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.
Clause 4: The Vice President
of the United States shall be President of the Senate, but shall have no Vote,
unless they be equally divided.
Clause 5: 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.
Clause 6: 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.
Clause 7: 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.
Clause 1: 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.
Clause 2: The Congress shall
assemble at least once in every Year, and such Meeting shall be on the first
Monday in December,
(See Note 5) unless they shall by Law appoint a different
Day.
Section. 5.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 4: 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.
Clause 1: 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.
(See Note 6) They shall in all Cases, except
treason,
felony and Breach of the Peace, beprivileged
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.
Clause 2: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 1: 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;
Clause 2: To borrow Money
on the credit of the United States;
Clause 3: To regulate Commerce
with foreign Nations, and among the several States, and with the Indian Tribes;
Clause 4: To establish an
uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies
throughout the United States;
Clause 5: To coin Money,
regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights
and Measures;
Clause 6: To provide for
the Punishment of counterfeiting the Securities and current Coin of the United
States;
Clause 7: To establish Post
Offices and post Roads;
Clause 8: 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;
Clause 9: To constitute
tribunals inferior to the supreme
Court;
Clause 10: To define and
punish Piracies and Felonies committed on the high Seas, and Offences against
the Law of Nations;
Clause 11: To declare War,
grant Letters of Marque and Reprisal, and make Rules concerning Captures on
Land and Water;
Clause 12: To raise and
support Armies, but no Appropriation of Money to that Use shall be for a longer
Term than two Years;
Clause 13: To provide and
maintain a Navy;
Clause 14: To make Rules
for the Government and Regulation of the land and naval Forces;
Clause 15: To provide for
calling forth the Militia to execute the Laws of the Union, suppress Insurrections
and repel Invasions;
Clause 16: 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;
Clause 17: To exercise exclusive
Legislation in all Cases whatsoever, over such District (not exceeding ten Miles
square) as may, byCession 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
Clause 18: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: No Bill of
attainder or
ex post facto Law shall be
passed.
Clause 4: No Capitation,
or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration
herein before directed to be taken.
(See Note 7) Clause 5: No Tax or Duty
shall be laid on Articles exported from any State.
Clause 6: 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.
Clause 7: 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.
Clause 8: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 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
Clause 2: 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.
Clause 3: 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.
(See
Note 8) Clause 4: 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.
Clause 5: 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.
Clause 6: 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,
(See Note 9) the
Same shall devolve on the VicePresident, 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.
Clause 7: The President
shall, at stated Times, receive for his Services, a Compensation, which shall
neither be encreased 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.
Clause 8: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 1: 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;
(See Note 10)--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.
Clause 2: 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.
Clause 3: 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.
Clause 1: 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.
Clause 2: 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.
Clause 1: The Citizens of
each State shall be entitled to all Privileges and Immunities of Citizens in
the several States.
Clause 2: 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.
Clause 3: 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.
(See Note 11) Section. 3.
Clause 1: 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.
Clause 2: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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
[Signed also by the deputies
of twelve States.]
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 1ACotesworth 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
Attest William Jackson Secretary
NOTES
Note 1: This text of the
Constitution follows the copy signed by Gen. Washington and the deputies from
12 States. The small superior figures preceding the paragraphs designate Clauses,
and were not in the original and have no reference to footnotes.
The Constitution was adopted
by a convention of the States on September 17, 1787, and was subsequently ratified
by the several States, on the following dates: Delaware, December 7, 1787; Pennsylvania,
December 12, 1787; New Jersey, December 18, 1787; Georgia, January 2, 1788;
Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April
28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788.
Ratification was completed
on June 21, 1788.
The Constitution was subsequently
ratified by Virginia, June 25, 1788; New York, July 26, 1788; North Carolina,
November 21, 1789; Rhode Island, May 29, 1790; and Vermont, January 10, 1791.
In May 1785, a committee
of Congress made a report recommending an alteration in the Articles of Confederation,
but no action was taken on it, and it was left to the State Legislatures to
proceed in the matter. In January 1786, the Legislature of Virginia passed a
resolution providing for the appointment of five commissioners, who, or any
three of them, should meet such commissioners as might be appointed in the other
States of the Union, at a time and place to be agreed upon, to take into consideration
the trade of the United States; to consider how far a uniform system in their
commercial regulations may be necessary to their common interest and their permanent
harmony; and to report to the several States such an act, relative to this great
object, as, when ratified by them, will enable the United States in Congress
effectually to provide for the same. The Virginia commissioners, after some
correspondence, fixed the first Monday in September as the time, and the city
of Annapolis as the place for the meeting, but only four other States were represented,
viz: Delaware, New York, New Jersey, and Pennsylvania; the commissioners appointed
by Massachusetts, New Hampshire, North Carolina, and Rhode Island failed to
attend. Under the circumstances of so partial a representation, the commissioners
present agreed upon a report, (drawn by Mr. Hamilton, of New York,) expressing
their unanimous conviction that it might essentially tend to advance the interests
of the Union if the States by which they were respectively delegated would concur,
and use their endeavors to procure the concurrence of the other States, in the
appointment of commissioners to meet at Philadelphia on the Second Monday of
May following, to take into consideration the situation of the United States;
to devise such further provisions as should appear to them necessary to render
the Constitution of the Federal Government adequate to the exigencies of the
Union; and to report such an act for that purpose to the United States in Congress
assembled as, when agreed to by them and afterwards confirmed by the Legislatures
of every State, would effectually provide for the same.
Congress, on the 21st of
February, 1787, adopted a resolution in favor of a convention, and the Legislatures
of those States which had not already done so (with the exception of Rhode Island)
promptly appointed delegates. On the 25th of May, seven States having convened,
George Washington, of Virginia, was unanimously elected President, and the consideration
of the proposed constitution was commenced. On the 17th of September, 1787,
the Constitution as engrossed and agreed upon was signed by all the members
present, except Mr. Gerry of Massachusetts, and Messrs. Mason and Randolph,
of Virginia. The president of the convention transmitted it to Congress, with
a resolution stating how the proposed Federal Government should be put in operation,
and an explanatory letter. Congress, on the 28th of September, 1787, directed
the Constitution so framed, with the resolutions and letter concerning the same,
to "be transmitted to the several Legislatures in order to be submitted to a
convention of delegates chosen in each State by the people thereof, in conformity
to the resolves of the convention."
On the 4th of March, 1789,
the day which had been fixed for commencing the operations of Government under
the new Constitution, it had been ratified by the conventions chosen in each
State to consider it, as follows: Delaware, December 7, 1787; Pennsylvania,
December 12, 1787; New Jersey, December 18, 1787; Georgia, January 2, 1788;
Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April
28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia,
June 25, 1788; and New York, July 26, 1788.
The President informed Congress,
on the 28th of January, 1790, that North Carolina had ratified the Constitution
November 21, 1789; and he informed Congress on the 1st of June, 1790, that Rhode
Island had ratified the Constitution May 29, 1790. Vermont, in convention, ratified
the Constitution January 10, 1791, and was, by an act of Congress approved February
18, 1791, "received and admitted into this Union as a new and entire member
of the United States."
Note 2: The part of this
Clause relating to the mode of apportionment of representatives among the several
States has been affected by Section 2 of amendment XIV, and as to taxes on incomes
without apportionment by amendment XVI.
Note 3: This Clause has
been affected by Clause 1 of amendment XVII.
Note 4: This Clause has
been affected by Clause 2 of amendment XVIII.
Note 5: This Clause has
been affected by amendment XX.
Note 6: This Clause has
been affected by amendment XXVII.
Note 7: This Clause has
been affected by amendment XVI.
Note 8: This Clause has
been superseded by amendment XII.
Note 9: This Clause has
been affected by amendment XXV.
Note 10: This Clause has
been affected by amendment XI.
Note 11: This Clause has
been affected by amendment XIII.
Note 12: The first ten amendments
to the Constitution of the United States (and two others, one of which failed
of ratification and the other which later became the 27th amendment) were proposed
to the legislatures of the several States by the First Congress on September
25, 1789. The first ten amendments were ratified by the following States, and
the notifications of ratification by the Governors thereof were successively
communicated by the President to Congress: New Jersey, November 20, 1789; Maryland,
December 19, 1789; North Carolina, December 22, 1789; South Carolina, January
19, 1790; New Hampshire, January 25, 1790; Delaware, January 28, 1790; New York,
February 24, 1790; Pennsylvania, March 10, 1790; Rhode Island, June 7, 1790;
Vermont, November 3, 1791; and Virginia, December 15, 1791.
Ratification was completed
on December 15, 1791.
The amendments were subsequently
ratified by the legislatures of Massachusetts, March 2, 1939; Georgia, March
18, 1939; and Connecticut, April 19, 1939.
Note 13: Only the 13th,
14th, 15th, and 16th articles of amendment had numbers assigned to them at the
time of ratification.
Note 14: This sentence has
been superseded by section 3 of amendment XX.
Note 15: See amendment XIX
and section 1 of amendment XXVI.
Note 16: Repealed by section
1 of amendment XXI.
Interesting
Constitutional Facts - The U.S. Constitution
has 4,400 words. It is the oldest and the shortest written constitution of
any government in the world.
- Of the typographical
errors in the Constitution, the misspelling of the word "Pensylvania" above
the signers' names is probably the most glaring.
- Thomas Jefferson did
not sign the Constitution. He was in France during the convention, where he
served as the U.S. minister.
- Jacob Shallus, a Pennsylvania
General Assembly clerk, "penned" the Constitution for a fee of $30 ($261.45
today).
- Governor Morris was responsible
for the wording of the Constitution.
- It was stored in various
cities until 1952, when it was placed in the National Archives Building in
Washington, D.C. During the daytime, pages one and four of the document are
displayed in a bullet-proof case. The case contains helium and water vapor
to preserve the paper's quality. At night, the pages are lowered into a vault,
behind five-ton doors that are designed to withstand a nuclear explosion.
- The entire Constitution
is displayed only one day a year, September 17, the anniversary of the day
the framers signed the document.
- Thirty-nine men signed
the Constitution. James Madison, "the father of the Constitution," was the
first to arrive in Philadelphia for the Constitutional Convention. He arrived
in February, three months before the convention began, bearing the blueprint
for the new Constitution.
- At least seven constitutional
amendments were passed in order to reverse a Supreme Court decision. Some
of the notable ones: The Thirteenth Amendment (1865), barring slavery, and
the Fifteenth Amendment (1868), protecting the citizenship of African Americans,
effectively overturned the Dred Scott v. Sandford decision of 1857. The Sixteenth
Amendment (1913) gave Congress the power to levy an income tax, thereby overturning
Pollock v. Farmers' Loan and Trust Co. (1895). And the Twenty-Sixth Amendment
(1971) overturned Oregon v. Mitchell (1970) which, among other things, held
that Congress could not regulate the voting age in state elections. The amendment
set the voting age at 18 years.
- When it came time for
the states to ratify the Constitution, the lack of any bill of rights was
the primary sticking point.
- The Constitution does
not set forth requirements for the right to vote. As a result, at the outset
of the Union, only male property-owners could vote. African Americans were
not considered citizens, and women were excluded from the electoral process.
- The Great Compromise
saved the Constitutional Convention, and, probably, the Union. Authored by
Connecticut delegate Roger Sherman, it called for proportional representation
in the House, and one representative per state in the Senate (this was later
changed to two.) The compromise passed 5-to-4, with one state, Massachusetts,
"divided."
- Patrick Henry was elected
as a delegate to the Constitutional Convention, but declined, because he "smelt
a rat."
- Because of his poor health,
Benjamin Franklin needed help to sign the Constitution. As he did so, tears
streamed down his face.
- The oldest person to
sign the Constitution was Benjamin Franklin (81). The youngest was Jonathan
Dayton of New Jersey (26).
- When the Constitution
was signed, the United States population was 4 million. It is now more than
250 million.
- Philadelphia was the
nation's largest city, with 40,000 inhabitants.
- The first state to ratify
the Constitution was Delaware, in December, 1787, three months after the framers
had adjourned the convention in Philadelphia.
- When New Hampshire ratified
on June 21, 1788, it was the ninth state to do so. By the ratification requirements
set forth in Article VII, the Constitution was now officially established.
- Until the Seventeenth
Amendment was ratified in 1913, Senators were chosen by a state's legislators.
As a result, the Senate brimmed with men who obtained their positions through
political patronage. Finally, under threat of a Constitutional Convention
on the matter, Congress proposed this amendment.
- The 14th and 15th Amendments
were passed in 1868 and 1870, respectively. Initially meant to preserve personal
freedoms of African Americans, they now stand, in large part, for the idea
that the Constitution implies, but does not enumerate, certain fundamental
rights for all citizens.
- To amend the Constitution,
a proposal must gain the support of two-thirds of the House and Senate, and
three-fourths of the states. As a result, of the thousands of proposed amendments,
only 27 have passed.
- Amendments must be proposed
either by a two-thirds vote in Congress, or by a Constitutional Convention.
Such a convention can only be held if two-thirds of the states' legislatures
support it.
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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
(See Note 2) 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.
Clause 4: When vacancies
happen in the Representation from any State, the Executive Authority thereof
shall issue Writs of Election to fill such Vacancies.
Clause 5: The House of Representatives
shall chuse their Speaker and other Officers; and shall have the sole Power
of
impeachment. Section. 3.
Clause 1: The Senate of
the United States shall be composed of two Senators from each State, chosen
by the Legislature thereof,
(See Note 3) for six Years; and each Senator
shall have one Vote.
Clause 2: 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.
(See Note 4) Clause 3: 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.
Clause 4: The Vice President
of the United States shall be President of the Senate, but shall have no Vote,
unless they be equally divided.
Clause 5: 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.
Clause 6: 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.
Clause 7: 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.
Clause 1: 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.
Clause 2: The Congress shall
assemble at least once in every Year, and such Meeting shall be on the first
Monday in December,
(See Note 5) unless they shall by Law appoint a different
Day.
Section. 5.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 4: 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.
Clause 1: 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.
(See Note 6) They shall in all Cases, except
treason,
felony and Breach of the Peace, beprivileged
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.
Clause 2: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 1: 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;
Clause 2: To borrow Money
on the credit of the United States;
Clause 3: To regulate Commerce
with foreign Nations, and among the several States, and with the Indian Tribes;
Clause 4: To establish an
uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies
throughout the United States;
Clause 5: To coin Money,
regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights
and Measures;
Clause 6: To provide for
the Punishment of counterfeiting the Securities and current Coin of the United
States;
Clause 7: To establish Post
Offices and post Roads;
Clause 8: 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;
Clause 9: To constitute
tribunals inferior to the supreme
Court;
Clause 10: To define and
punish Piracies and Felonies committed on the high Seas, and Offences against
the Law of Nations;
Clause 11: To declare War,
grant Letters of Marque and Reprisal, and make Rules concerning Captures on
Land and Water;
Clause 12: To raise and
support Armies, but no Appropriation of Money to that Use shall be for a longer
Term than two Years;
Clause 13: To provide and
maintain a Navy;
Clause 14: To make Rules
for the Government and Regulation of the land and naval Forces;
Clause 15: To provide for
calling forth the Militia to execute the Laws of the Union, suppress Insurrections
and repel Invasions;
Clause 16: 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;
Clause 17: To exercise exclusive
Legislation in all Cases whatsoever, over such District (not exceeding ten Miles
square) as may, byCession 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
Clause 18: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: No Bill of
attainder or
ex post facto Law shall be
passed.
Clause 4: No Capitation,
or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration
herein before directed to be taken.
(See Note 7) Clause 5: No Tax or Duty
shall be laid on Articles exported from any State.
Clause 6: 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.
Clause 7: 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.
Clause 8: 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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
Clause 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
Clause 2: 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.
Clause 3: 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.
(See
Note 8) Clause 4: 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.
Clause 5: 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.
Clause 6: 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,
(See Note 9) the
Same shall devolve on the VicePresident, and the Congr
