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[Constitution for the United States of
America]1
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.[2] 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 [Modified by Amendment XIV]. 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 [Modified by Amendment XVII], 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 [Modified by Amendment XVII].
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 [Modified
by Amendment XX], 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;[3] 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 [Modified by Amendment XII].
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 [Modified by Amendment XXV].
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 [Modified by Amendment XI]; 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 [Modified by Amendment XIII].
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,
Go. WASHINGTON
Presidt.
and deputy from Virginia
- New Hampshire {
- JOHN LANGDON
NICHOLAS GILMAN
- Massachusetts {
- NATHANIEL GORHAM
RUFUS KING
- Connecticut {
- WM. SAML. JOHNSON
ROGER SHERMAN
- New York . . . .
- ALEXANDER HAMILTON
- New Jersey {
- WIL: LIVINGSTON
DAVID BREARLEY.
WM. PATERSON.
JONA: DAYTON
- Pennsylvania {
- B FRANKLIN
THOMAS MIFFLIN
ROBT MORRIS
GEO. CLYMER
THOS. FITZ SIMONS
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
- 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
In Convention Monday, September 17th, 1787.
Present
The States of
New Hampshire, Massachusetts, Connecticut, MR.
Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia,
North Carolina, South Carolina and Georgia.
Resolved,
That the preceeding Constitution be laid before the United States in
Congress assembled, and that it is the Opinion of this Convention, that it
should afterwards be submitted to a Convention of Delegates, chosen in each
State by the People thereof, under the Recommendation of its Legislature, for
their Assent and Ratification; and that each Convention assenting to, and
ratifying the Same, should give Notice thereof to the United States in Congress
assembled. Resolved, That it is the Opinion of this Convention, that as soon as
the Conventions of nine States shall have ratified this Constitution, the
United States in Congress assembled should fix a Day on which Electors should
be appointed by the States which have ratified the same, and a Day on which the
Electors should assemble to vote for the President, and the Time and Place for
commencing Proceedings under this Constitution. That after such Publication the
Electors should be appointed, and the Senators and Representatives elected:
That the Electors should meet on the Day fixed for the Election of the
President, and should transmit their Votes certified, signed, sealed and
directed, as the Constitution requires, to the Secretary of the United States
in Congress assembled, that the Senators and Representatives should convene at
the Time and Place assigned; that the Senators should appoint a President of
the Senate, for the sole purpose of receiving, opening and counting the Votes
for President; and, that after he shall be chosen, the Congress, together with
the President, should, without Delay, proceed to execute this Constitution.
By the Unanimous Order of the Convention
Go. WASHINGTON
Presidt.
W. JACKSON Secretary.
[Bill of Rights]
The conventions of a number of the States having
at the time of their adopting the Constitution, expressed a desire, in order to
prevent misconstruction or abuse of its powers, that further declaratory and
restrictive clauses should be added.
- Article the first [Not Ratified]
-
After the first enumeration required by the first article of the Constitution,
there shall be one Representative for every thirty thousand, until the number
shall amount to one hundred, after which the proportion shall be so regulated
by Congress, that there shall be not less than one hundred Representatives, nor
less than one Representative for every forty thousand persons, until the number
of Representatives shall amount to two hundred; after which the proportion
shall be so regulated by Congress, that there shall not be less than two
hundred Representatives, nor more than one Representative for every fifty
thousand persons.
- Article the second [Amendment XXVII -
Ratified 1992]
-
No law, varying the compensation for the services of
the Senators and Representatives, shall take effect, until an election of
Representatives shall have intervened.
- Article the third [Amendment I]
-
Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech,
or of the press; or the
right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.
- Article the fourth [Amendment
II][4]
-
A well regulated Militia, being necessary to the
security of a free State, the right of the people to keep and bear Arms, shall
not be infringed.
- Article the fifth [Amendment III]
-
No Soldier shall, in time of peace be quartered in any house, without the
consent of the Owner, nor in time of war, but in a manner to be prescribed by
law.
- Article the sixth [Amendment IV]
-
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures, shall
not be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
- Article the seventh [Amendment V]
-
No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in the Militia,
when in actual service in time of War or public danger; nor shall any person be subject for the same offence to
be twice put in jeopardy of life or limb; nor
shall be compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property,
without due process of law; nor shall private property
be taken for public use, without just compensation.
- Article the eighth [Amendment VI]
-
In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by
an impartial jury of the
State and district wherein the crime shall have been committed, which district
shall have been previously ascertained by law, and to
be informed of the nature and cause of the accusation; to be confronted with the witnesses against him;
to have compulsory process for obtaining witnesses in
his favor, and to have the Assistance of Counsel for
his defence.
- Article the ninth [Amendment VII]
-
In Suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall be preserved, and
no fact tried by a jury, shall be otherwise re-examined in any Court of the
United States, than according to the rules of the common law.
- Article the tenth [Amendment VIII]
-
Excessive bail shall not be required, nor excessive fines imposed, nor
cruel and unusual punishments inflicted.
- Article the eleventh [Amendment IX]
-
The enumeration in the Constitution, of certain
rights, shall not be construed to deny or disparage others retained by the
people.
- Article the twelfth [Amendment X]
-
The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people.
[Additional Amendments to the Constitution]
ARTICLES in addition to, and Amendment of, the
Constitution of the United States of America, proposed by Congress, and
ratified by the Legislatures of the several States, pursuant to the fifth
Article of the original Constitution
[Article. XI.]
[Proposed 1794; Ratified 1798]
The Judicial power of the United States shall not be construed to extend to
any suit in law or equity, commenced or prosecuted against one of the United
States by Citizens of another State, or by Citizens or Subjects of any Foreign
State.
[Article. XII.]
[Proposed 1803; Ratified 1804]
The Electors shall meet in their respective states, and vote by ballot for
President and Vice-President, one of whom, at least, shall not be an inhabitant
of the same state with themselves; they shall name in their ballots the person
voted for as President, and in distinct ballots the person voted for as
Vice-President, and they shall make distinct lists of all persons voted for as
President, and of all persons voted for as Vice-President, and of the number of
votes for each, which lists 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
for President, shall be the President, if such number be a majority of the
whole number of Electors appointed; and if no person have such majority, then
from the persons having the highest numbers not exceeding three on the list of
those voted for as President, the House of Representatives shall choose
immediately, by ballot, 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.
And if the House of Representatives shall not choose a President whenever the
right of choice shall devolve upon them, before the fourth day of March next
following, then the Vice-President shall act as President, as in the case of
the death or other constitutional disability of the President. The
person having the greatest number of votes as Vice-President, shall be the
Vice-President, if such number be a majority of the whole number of Electors
appointed, and if no person have a majority, then from the two highest numbers
on the list, the Senate shall choose the Vice-President; a quorum for the
purpose shall consist of two-thirds of the whole number of Senators, and a
majority of the whole number shall be necessary to a choice. But no person
constitutionally ineligible to the office of President shall be eligible to
that of Vice-President of the United States.
[Contested Article.]
[Proposed 1810; Probably Ratified 1819]
If any Citizen of the United States shall accept, claim, receive or retain
any Title of Nobility or Honour, or shall, without the Consent of Congress,
accept and retain any present, Pension, Office or Emolument of any kind
whatever, from any Emperor, King, Prince or foreign Power, such Person shall
cease to be a Citizen of the United States, and shall be incapable of holding
any Office of Trust or Profit under them, or either of them.
[Unratified Article.]
[Proposed 1861; Signed by President Lincoln;
Unratified]
Article Thirteen.
No amendment shall be made to the Constitution which will authorize or give
to Congress the power to abolish or interfere, within any State, with the
domestic institutions thereof, including that of persons held to labor or
service by the laws of said State.
Article. XIII.
[Proposed 1865; Ratified 1865]
Section. 1. Neither slavery
nor involuntary servitude, except as a punishment for crime whereof the party
shall have been duly convicted, shall exist within the United States, or any
place subject to their jurisdiction.
Section. 2. Congress shall
have power to enforce this article by appropriate legislation.
Article. XIV.
[Proposed 1866; Ratified Under Duress 1868]
Section. 1. All persons born
or naturalized in the United States, and subject to the jurisdiction thereof,
are citizens of the United States and of the State wherein they reside. No
State shall make or enforce any law which shall abridge the privileges or
immunities of citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law; nor deny to
any person within its jurisdiction the equal protection of the laws.
Section. 2. Representatives
shall be apportioned among the several States according to their respective
numbers, counting the whole number of persons in each State, excluding Indians
not taxed. But when the right to vote at any election for the choice of
electors for President and Vice President of the United States, Representatives
in Congress, the Executive and Judicial officers of a State, or the members of
the Legislature thereof, is denied to any of the male inhabitants of such
State, being twenty-one years of age, and citizens of the United States, or in
any way abridged, except for participation in rebellion, or other crime, the
basis of representation therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number of male citizens
twenty-one years of age in such State.
Section. 3. No person shall
be a Senator or Representative in Congress, or elector of President and Vice
President, or hold any office, civil or military, under the United States, or
under any State, who, having previously taken an oath, as a member of Congress,
or as an officer of the United States, or as a member of any State legislature,
or as an executive or judicial officer of any State, to support the
Constitution of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the enemies thereof. But
Congress may by a vote of two-thirds of each House, remove such disability.
Section. 4. The validity of
the public debt of the United States, authorized by law, including debts
incurred for payment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But neither the United
States nor any State shall assume or pay any debt or obligation incurred in aid
of insurrection or rebellion against the United States, or any claim for the
loss or emancipation of any slave; but all such debts, obligations and claims
shall be held illegal and void.
Section. 5. The Congress
shall have power to enforce, by appropriate legislation, the provisions of this
article.
Article. XV.
[Proposed 1869; Ratified 1870]
Section. 1. The right of
citizens of the United States to vote shall not be denied or abridged by the
United States or by any State on account of race, color, or previous condition
of servitude.
Section. 2. The Congress
shall have power to enforce this article by appropriate legislation.
Article. XVI.
[Proposed 1909; Questionably Ratified 1913]
The Congress shall have power to lay and collect taxes on incomes, from
whatever source derived, without apportionment among the several States, and
without regard to any census or enumeration.
[Article. XVII.]
[Proposed 1912; Ratified 1913; Possibly Unconstitutional (See
Article V, Clause 3 of the
Constitution)]
The Senate of the United States shall be composed of
two Senators from each State, elected by the people thereof, for six years; and
each Senator shall have one vote. The electors in each State shall have the
qualifications requisite for electors of the most numerous branch of the State
legislatures.
When vacancies happen in the representation of any
State in the Senate, the executive authority of such State shall issue writs of
election to fill such vacancies: Provided, That the legislature of any State
may empower the executive thereof to make temporary appointments until the
people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect
the election or term of any Senator chosen before it becomes valid as part of
the Constitution.
Article. [XVIII.]
[Proposed 1917; Ratified 1919; Repealed 1933 (See
Amendment XXI, Section 1
Section. 1. After one year
from the ratification of this article the manufacture, sale, or transportation
of intoxicating liquors within, the importation thereof into, or the
exportation thereof from the United States and all territory subject to the
jurisdiction thereof for beverage purposes is hereby prohibited.
Section. 2. The Congress and
the several States shall have concurrent power to enforce this article by
appropriate legislation.
Section. 3. This article
shall be inoperative unless it shall have been ratified as an amendment to the
Constitution by the legislatures of the several States, as provided in the
Constitution, within seven years from the date of the submission hereof to the
States by the Congress.
Article. [XIX.]
[Proposed 1919; Ratified 1920]
The right of citizens of the United States to vote
shall not be denied or abridged by the United States or by any State on account
of sex.
Congress shall have power to enforce this article by
appropriate legislation.
[Unratified Article.]
[Proposed 1926; Unratified]
Article
Section. 1. The Congress
shall have power to limit, regulate, and prohibit the labor of persons under
eighteen years of age.
Section. 2. The power of
the several States is unimpaired by this article except that the operation of
State laws shall be suspended to the extent necessary to give effect to
legislation enacted by the Congress.
Article. [XX.]
[Proposed 1932; Ratified 1933]
Section. 1. The terms of the
President and Vice President shall end at noon on the 20th day of January, and
the terms of Senators and Representatives at noon on the 3d day of January, of
the years in which such terms would have ended if this article had not been
ratified; and the terms of their successors shall then begin.
Section. 2. The Congress
shall assemble at least once in every year, and such meeting shall begin at
noon on the 3d day of January, unless they shall by law appoint a different
day.
Section. 3. If, at the time
fixed for the beginning of the term of the President, the President elect shall
have died, the Vice President elect shall become President. If a President
shall not have been chosen before the time fixed for the beginning of his term,
or if the President elect shall have failed to qualify, then the Vice President
elect shall act as President until a President shall have qualified; and the
Congress may by law provide for the case wherein neither a President elect nor
a Vice President elect shall have qualified, declaring who shall then act as
President, or the manner in which one who is to act shall be selected, and such
person shall act accordingly until a President or Vice President shall have
qualified.
Section. 4. The Congress may
by law provide for the case of the death of any of the persons from whom the
House of Representatives may choose a President whenever the right of choice
shall have devolved upon them, and for the case of the death of any of the
persons from whom the Senate may choose a Vice President whenever the right of
choice shall have devolved upon them.
Section. 5. Sections 1 and 2
shall take effect on the 15th day of October following the ratification of this
article.
Section. 6. This article
shall be inoperative unless it shall have been ratified as an amendment to the
Constitution by the legislatures of three-fourths of the several States within
seven years from the date of its submission.
Article. [XXI.]
[Proposed 1933; Ratified 1933]
Section. 1. The eighteenth
article of amendment to the Constitution of the United States is hereby
repealed.
Section. 2. The
transportation or importation into any State, Territory, or possession of the
United States for delivery or use therein of intoxicating liquors, in violation
of the laws thereof, is hereby prohibited.
Section. 3. This article
shall be inoperative unless it shall have been ratified as an amendment to the
Constitution by conventions in the several States, as provided in the
Constitution, within seven years from the date of the submission hereof to the
States by the Congress.
Article. [XXII.]
[Proposed 1947; Ratified 1951]
Section. 1. No person shall
be elected to the office of the President more than twice, and no person who
has held the office of President, or acted as President, for more than two
years of a term to which some other person was elected President shall be
elected to the office of the President more than once. But this Article shall
not apply to any person holding the office of President when this Article was
proposed by the Congress, and shall not prevent any person who may be holding
the office of President, or acting as President, during the term within which
this Article becomes operative from holding the office of President or acting
as President during the remainder of such term.
Section. 2. This article
shall be inoperative unless it shall have been ratified as an amendment to the
Constitution by the legislatures of three-fourths of the several States within
seven years from the date of its submission to the States by the Congress.
Article. [XXIII.]
[Proposed 1960; Ratified 1961]
Section. 1.
The District constituting the seat of Government of the
United States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President
equal to the whole number of Senators and Representatives in Congress to which
the District would be entitled if it were a State, but in no event more than
the least populous State; they shall be in addition to those appointed by the
States, but they shall be considered, for the purposes of the election of
President and Vice President, to be electors appointed by a State; and they
shall meet in the District and perform such duties as provided by the twelfth
article of amendment.
Section. 2. The Congress
shall have power to enforce this article by appropriate legislation.
Article. [XXIV.]
[Proposed 1962; Ratified 1964]
Section. 1. The right of
citizens of the United States to vote in any primary or other election for
President or Vice President, for electors for President or Vice President, or
for Senator or Representative in Congress, shall not be denied or abridged by
the United States or any State by reason of failure to pay any poll tax or
other tax.
Section. 2. The Congress
shall have power to enforce this article by appropriate legislation.
Article. [XXV.]
[Proposed 1965; Ratified 1967]
Section. 1. In case of the
removal of the President from office or of his death or resignation, the Vice
President shall become President.
Section. 2. Whenever there
is a vacancy in the office of the Vice President, the President shall nominate
a Vice President who shall take office upon confirmation by a majority vote of
both Houses of Congress.
Section. 3. Whenever the
President transmits to the President pro tempore of the Senate and the Speaker
of the House of Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he transmits to them a
written declaration to the contrary, such powers and duties shall be discharged
by the Vice President as Acting President.
Section. 4.
Whenever the Vice President and a majority of either
the principal officers of the executive departments or of such other body as
Congress may by law provide, transmit to the President pro tempore of the
Senate and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties of
his office, the Vice President shall immediately assume the powers and duties
of the office as Acting President.
Thereafter, when the President transmits to the
President pro tempore of the Senate and the Speaker of the House of
Representatives his written declaration that no inability exists, he shall
resume the powers and duties of his office unless the Vice President and a
majority of either the principal officers of the executive department or of
such other body as Congress may by law provide, transmit within four days to
the President pro tempore of the Senate and the Speaker of the House of
Representatives their written declaration that the President is unable to
discharge the powers and duties of his office. Thereupon Congress shall decide
the issue, assembling within forty-eight hours for that purpose if not in
session. If the Congress, within twenty-one days after receipt of the latter
written declaration, or, if Congress is not in session, within twenty-one days
after Congress is required to assemble, determines by two-thirds vote of both
Houses that the President is unable to discharge the powers and duties of his
office, the Vice President shall continue to discharge the same as Acting
President; otherwise, the President shall resume the powers and duties of his
office.
Article. [XXVI.]
[Proposed 1971; Ratified 1971]
Section. 1. The right of
citizens of the United States, who are eighteen years of age or older, to vote
shall not be denied or abridged by the United States or by any State on account
of age.
Section. 2. The Congress
shall have power to enforce this article by appropriate legislation.
[Inoperative Article.]
[Proposed 1972; Expired Unratified 1982]
Article
Section. 1. Equality of
rights under the law shall not be denied or abridged by the United States or by
any State on account of sex.
Section. 2. The Congress
shall have the power to enforce, by appropriate legislation, the provisions of
this article.
Section. 3. This amendment
shall take effect two years after the date of ratification.
[Inoperative Article.]
[Proposed 1978; Expired Unratified 1985]
Article
Section. 1. For purposes
of representation in the Congress, election of the President and Vice
President, and article V of this Constitution, the District constituting the
seat of government of the United States shall be treated as though it were a
State.
Section. 2. The exercise
of the rights and powers conferred under this article shall be by the people of
the District constituting the seat of government, and as shall be provided by
the Congress.
Section. 3. The
twenty-third article of amendment to the Constitution of the United States is
hereby repealed.
Section. 4. This article
shall be inoperative, unless it shall have been ratified as an amendment to the
Constitution by the legislatures of three-fourths of the several States within
seven years from the date of its submission.
Article. [XXVII.]
[Proposed 1789; Ratified 1992; Second of twelve
Articles comprising the Bill of Rights]
No law, varying the compensation for the services of the Senators and
Representatives, shall take effect, until an election of Representatives shall
have intervened.
Notes:
1. The title was not a part of the original document. It was added when the document was printed.
2. Section numbers are not in the original document. We have added them here without putting all of them in brackets.
3. Scanned images show this as a semi-colon, but an image at a
congressional
site shows a comma.
4. In the Congressional Statutes at Large, Vol. 1, Page 97, at
http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=220,
the first and third commas are omitted, so that it reads:
A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.
The question remains open of where those additional, and grammatically spurious, commas came from, but they do not change the legal meaning of the provision, and it would not be erroneous to omit them.
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