The
Constitution of the United States of America
We, the people of the United States, in order to
form a more perfect Union, establish justice, insure domestic tranquility,
provide for the common defense, promote the general welfare, and secure the
blessings of liberty to ourselves and our posterity, do ordain and establish
this Constitution for the United States of America.
Section 1
Legislative powers; in whom vested
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
House of
Representatives, how and by whom chosen Qualifications of a Representative.
Representatives and direct taxes, how apportioned. Enumeration. Vacancies to be
filled. Power of choosing officers, and of impeachment.
- The House of Representatives
shall be composed of members chosen every second year by the people of
the several States, and the elector 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 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 the whole number of free persons, including
those bound to service for a term of years, and excluding Indians not
taxed, three-fifths of all other persons.]The actual enumeration shall be
made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall
by law direct. The number of Representatives shall not exceed one for
every thirty thousand, but each State shall have at least one
Representative; and until such enumeration shall be made, the State of
New Hampshire shall be entitled to choose 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. 5. The House of
Representatives shall choose their Speaker and other officers; and shall
have the sole power of impeachment.
Section 3
Senators, how and by
whom chosen. How classified. State Executive, when to make temporary
appointments, in case, etc. Qualifications of a Senator. President of the
Senate, his right to vote. President pro tem., and other officers of the
Senate, how chosen. Power to try impeachments. When President is tried, Chief
Justice to preside. Sentence.
- The Senate of the United States shall be composed of two Senators from each State, [chosen by the Legislature
thereof,] for six years; and each Senator shall have one vote.
- Immediately after they shall be assembled in
consequence of the first election, they shall be divided as equally as
may be into three classes. The seats of the Senators of the first class
shall be vacated at the expiration of the second year, of the second
class at the expiration of the fourth year, and of the third class at the
expiration of the sixth year, so that one-third may be chosen every
second year; [and if vacancies happen by resignation, or otherwise,
during the recess of the Legislature of any State, the Executive thereof
may make temporary appointments until the next meeting of the
Legislature, which shall then fill such vacancies.] No
person shall be a Senator who shall not have attained to the age of
thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be
chosen.
- The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be
equally divided.
- The Senate shall choose
their other officers, and also a President pro tempore, in the absence of the Vice
President, or when he shall exercise the office of the 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
Times, etc., of holding elections, how
prescribed. One session in each year.
- The times, places and manner
of holding elections for Senators and Representatives, shall be
prescribed in each State by the Legislature thereof; but the Congress may
at any time by law make or alter such regulations, except as to the
places of choosing Senators.
- The Congress shall assemble
at least once in every year, and such meeting shall be [on the first
Monday in December,]unless they by law appoint a different day.
Section 5
Membership, Quorum, Adjournments, Rules,
Power to punish or expel. Journal. Time of adjournments, how limited, etc.
- Each House shall be the
judge of the elections, returns and qualifications of its own members,
and a majority of each shall constitute a quorum to do business; but a
smaller number may adjourn from day to day, and may be authorized to compel
the attendance of absent members, in such manner, and under such
penalties as each House may provide.
- Each House may determine the
rules of its proceedings, punish its members for disorderly behavior,
and, with the concurrence of two-thirds, expel a member.
- Each House shall keep a
journal of its proceedings, and from time to time publish the same,
excepting such parts as may in their judgment require secrecy; and the
yeas and nays of the members of either House on any question shall, at
the desire of one-fifth of those present, be entered on the journal.
- Neither House, during the
session of Congress, shall, without the consent of the other, adjourn for
more than three days, nor to any other place than that in which the two
Houses shall be sitting.
Section 6
Compensation, Privileges, Disqualification in
certain cases.
- 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
increased during such time; and no person holding any office under the
United States, shall be a member of either House during his continuance
in office.
Section 7
House to originate all revenue bills. Veto.
Bill may be passed by two-thirds of each House, notwithstanding, etc. Bill, not
returned in ten days to become a law. Provisions as to orders, concurrent
resolutions, etc.
- All bills for raising
revenue shall originate in the House of Representatives; but the Senate
may propose or concur with amendments as on other bills.
- Every bill which shall have
passed the House of Representatives and the Senate, shall, before it
become a law, be presented to the president of the United States; if he
approve, he shall sign it, but if not, he shall return it, with his
objections, to that house in which it shall have originated, who shall
enter the objections at large on their journal, and proceed to reconsider
it. If after such reconsideration, two thirds of that house shall agree
to pass the bill, it shall be sent, together with the objections, to the
other house, by which it shall likewise be reconsidered, and if approved
by two-thirds of that house, it shall become a law. But in all such cases
the votes of both houses shall be determined by yeas and nays, and the
names of the persons voting for and against the bill shall be entered on
the journal of each house respectively. If any bill shall not be returned
by the president within ten days (Sundays excepted) after it shall have
been presented to him, the same shall be a law, in like manner as if he
had signed it, unless the Congress by their adjournment prevent its
return, in which case it shall not be a law.
- Every order, resolution, or
vote to which the concurrence of the Senate and House of Representatives
may be necessary (except on a question of adjournment) shall be presented
to the president of the United States; and before the same shall take
effect, shall be approved by him, or, being disapproved by him, shall be
re-passed 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
Powers of Congress
The Congress shall have the power
- to lay and collect taxes,
duties, imposts and excises, to pay the debts and provide for the common
defense and general welfare of the United States; but all duties, imposts
and excises shall be uniform throughout the United States:
- To borrow money on the
credit of the United States:
- To regulate commerce with
foreign nations, and among the several states, and with the Indian
tribes:
- To establish 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 marquee 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
Provision as to migration or importation of
certain persons. Habeas
Corpus, Bills of attainder, etc. Taxes, how apportioned. No export
duty. No commercial preference. Money, how drawn from Treasury, etc. No titular
nobility. Officers not top receive presents, etc.
- 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 1808,
but a tax or duty may be imposed on such importations, not exceeding 10
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 or 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
States prohibited from the exercise of
certain powers.
- No state shall enter into
any treaty, alliance, or confederation; grant letters of marquee 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 its inspection
laws; and the net produce of all duties and imposts, laid by any state on
imports or exports, shall be for the use of the treasury of the United
States; and all such laws shall be subject to the revision and control of
the Congress.
- No state shall, without the
consent of Congress, lay any duty of tonnage, keep troops, or ships of
war in time of peace, enter into any agreement or compact with another
state, or with a foreign power, or engage in a war, unless actually
invaded, or in such imminent danger as will not admit of delay.
·
ARTICLE
II
Section 1
President: his term of office. Electors of
President; number and how appointed. Electors to vote on same day. Qualification
of President. On whom his duties devolve in case of his removal, death, etc.
President's compensation. His oath of office.
- The Executive power shall be
vested in a President of the United States of America. He shall hold
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 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 each; which list they
shall sign and certify, and transmit sealed to the seat of Government of
the United States, directed to the President of the Senate. The President
of the Senate shall, in the presence of the Senate and House of
Representatives, open all the certificates, and the votes shall then be
counted. The person having the greatest number of votes shall be the
President, if such number be a majority of the whole number of electors
appointed; and if there be more than one who have such majority, and have
an equal number of votes, then the House of Representatives shall
immediately choose by ballot one of them for President; and if no person
have a majority, then from the five highest on the list the said House
shall in like manner choose the President. But in choosing the President,
the votes shall be taken by States, the representation from each State
having one vote; a quorum for this purpose shall consist of a member or
members from two-thirds of the States, and a majority of all the States
shall be necessary to a choice. In every case, after the choice of the
President, the person having the greatest number of votes of the electors
shall be the Vice President. But if there should remain two or more who
have equal votes, the Senate shall choose from them by ballot the Vice
President.]
- The Congress may determine
the time of choosing the electors, and the day on which they shall give
their votes; which day shall be the same throughout the United States.
- No person except a natural
born citizen, or a citizen of the United States, at the time of the
adoption of this Constitution, shall be eligible to the office of
President; neither shall any person be eligible to that office who shall
not have attained to the age of thirty-five years, and been fourteen
years a resident within the United States.
- In case of the removal of
the President from office, or of his death, resignation, or inability to
discharge the powers and duties of the said office, the same shall
devolve on the Vice President, and the Congress may by law provide for
the case of removal, death, resignation, or inability, both of the President
and Vice President, declaring what officer shall then act as President,
and such officer shall act accordingly, until the disability be removed,
or a President shall be elected.
- The President shall, at
stated times, receive for his services, a compensation, which shall
neither be increased nor diminished during the period for which he shall
have been elected, and he shall not receive within that period any other
emolument from the United States, or any of them.
- Before he enter on the
execution of his office, he shall take the following oath or affirmation:
"I do solemnly
swear (or affirm) that I will faithfully execute the office of the 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
President to be Commander-in-Chief. He may
require opinions of cabinet officers, etc., may pardon. Treaty-making power.
Nomination of certain officers. When President may fill vacancies.
- The President shall be
Commander-in-Chief of the Army and Navy of the United States, and of the
militia of the several States, when called into the actual service of the
United States; he may require the opinion, in writing, of the principal
officer in each of the executive departments, upon any subject relating
to the duties of their respective offices, and he shall have power to
grant reprieves and pardons for offenses against the United States,
except in cases of impeachment.
- He shall have power, by and
with the advice and consent of the Senate, to make treaties, provided
two-thirds of the Senators present concur; and he shall nominate, and by
and with the advice and consent of the Senate, shall appoint ambassadors,
other public ministers and consuls, judges of the Supreme Court, and all
other officers of the United States, whose appointments are not herein
otherwise provided for, and which shall be established by law: but the
Congress may by law vest the appointment of such inferior officers, as
they think proper, in the President alone, in the courts of law, or in
the heads of departments.
- The President shall have the
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
President shall communicate to Congress. He
may convene and adjourn Congress, in case of disagreement, etc. Shall receive
ambassadors, execute laws, and commission officers.
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 may 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
All civil offices forfeited for certain
crimes.
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.
Section 1
Judicial powers. Tenure. Compensation.
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 1. and establish. The judges, both of
the supreme and inferior courts, shall hold their offices during good behavior,
and shall, at stated times, receive for their services a compensation, which
shall not be diminished during their continuance in office.
Section 2
Judicial power; to what cases it extends. Original
jurisdiction of Supreme Court Appellate. Trial by Jury, etc. Trial, where
- The judicial power shall
extend to all cases, in law and equity, arising under this constitution,
the laws of the United States, and treaties made, or which shall be made
under their authority; to all cases affecting ambassadors, other public
ministers and consuls; to all cases of admiralty and maritime
jurisdiction; to controversies to which the United States shall be a
party; [to controversies between two or more states, between a state and
citizens of another state, between citizens of different states, between
citizens of the same state, claiming lands under grants of different
states, and between a state, or the citizens thereof, and foreign states,
citizens or subjects.]
- In all cases affecting
ambassadors, other public ministers and consuls, and those in which a
state shall be a 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 defined. Proof of. Punishment
- 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
Each State to give credit to the public acts,
etc. of every other State.
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
Privileges of citizens of each State.
Fugitives from Justice to be delivered up. Persons held to service having
escaped, to be delivered up.
- 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 justice, and
be found in another state, shall, on demand of the executive authority of
the state from which he fled, be delivered up, to be removed to the state
having jurisdiction of the crime.
- No person held to service or
labor in one state, under the laws thereof, escaping into another, shall,
in consequence of any law or regulation therein, be discharged from such
service or labor, but shall be delivered up on claim of the party to whom
such service or labor may be due.
Section 3
Admission of new States. Power of Congress
over territory and other property.
- 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, 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
Republican form of government guaranteed.
Each State to be protected.
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.
Amendments
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 1808, shall in any manner affect the first and
fourth clauses in the ninth section of the first article; and that no state,
without its consent, shall be deprived of its equal suffrage in the Senate.
- ARTICLE VI
- All debts contracted and
engagements entered into, before the adoption of this constitution, shall
be as valid against the United States under this constitution, as under
the confederation.
- This constitution, and the
laws of the United States which shall be made in pursuance thereof; and
all treaties made, or which shall be made, under the authority of the
United States shall be the supreme law of the land; and the judges in
every state shall be bound thereby, any thing in the constitution or laws
of any state to the contrary notwithstanding.
- The senators and
representatives before-mentioned, and the members of the several state
legislatures, and all executive and judicial officers, both of the United
States and of the several states, shall be bound by oath or affirmation,
to support this constitution; but no religious test shall ever be
required as a qualification to any office or public trust under the
United States.
- ARTICLE VII
The ratification of the conventions of
nine states, shall be sufficient for the establishment of this constitution
between the states so ratifying the same.
Done in Convention by
the unanimous consent of the States present the seventeenth day of September in
the year of our Lord one thousand seven hundred and eighty seven, and of the
independence of the United States of America the twelfth. In witness whereof we
have hereunto subscribed our names.