CONSTITUTION OF THE UNITED STATES.
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.--Legislative Department.
=Section I.=--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 II.=--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. 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.
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 choose their Speaker
and other officers; and shall have the sole power of impeachment.
=Section III.=--Clause 1. 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.
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.
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 choose their other officers and also a
President “pro tempore,” in the absence of the Vice-President, or
when he shall exercise the office of President of the United States.
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 IV.=--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 choosing Senators.
Clause 2. The Congress shall assemble at least once in every year,
and such, meeting shall be on the first Monday in December, unless
they shall by law appoint a different day.
=Section V.=--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 behavior, 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 VI.=--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. 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.
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 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 VII.=--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 (Sunday 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 VIII.=--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, by cession of particular States, and the acceptance of
Congress, become the seat of the government of the United States,
and to exercise like authority over all places purchased by the
consent of the Legislature of the State in which the same shall
be, for the erection of forts, magazines, arsenals, dockyards, and
other needful buildings;--And
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 IX.=--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 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.
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 X.=--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 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.
Clause 3. No State shall, without the consent of the 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.--Executive Department.
=Section I.=--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 of the persons voted for, and of the
number of votes for each; which list they shall sign and certify,
and transmit, sealed, to the seat of the Government of the United
States, directed to the president of the Senate. The president
of the Senate shall, in the presence of the Senate and House of
Representatives, open all the certificates, and the votes shall
then be counted. The person having the greatest number of votes
shall be the President, if such number be a majority of the whole
number of Electors appointed; and if there be more than one, who
have such majority, and have an equal number of votes, then the
House of Representatives shall immediately choose, by ballot, one
of them for President; and if no person have a majority, then, from
the five highest on the list, the said House shall, in like manner,
choose the President. But in choosing the President, the votes
shall be taken by States, the representation from each State having
one vote; a quorum for this purpose shall consist of a member or
members from two-thirds of the States, and a majority of all the
States shall be necessary to a choice. In every case, after the
choice of the President, the person having the greatest number of
votes of the Electors shall be the Vice-President. But if there
should remain two or more who have equal votes, the Senate shall
choose from them, by ballot, the Vice-President.]
The foregoing Clause is obsolete. It was repealed in 1804. It is
quoted here merely for reference. Article XII. of the Amendments
replaces it in the Constitution, and is here inserted instead of
the original Clause.
Amendment, Article XII.--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 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.
Clause 4. 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.
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 the age of thirty-five years, and been fourteen years
resident within the United States.
The matter enclosed in brackets is obsolete.
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, 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.
Clause 7. 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.
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 II.=--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 III.=--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 IV.=--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.--Judicial Department.
=Section I.=--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 behavior, and shall, at stated times, receive for their
services a compensation which shall not be diminished during their
continuance in office:
=Section II.=--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, to controversies 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.
Clause 2. 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.
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 III.=--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.
Clause 2. 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 3. 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.--General Provisions.
=Section I.=--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 II.=--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 by 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 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.
N. B.--Clause 3 is obsolete.
=Section III.=--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 IV.=--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.--Power of Amendment.
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.--Miscellaneous Provisions.
Clause 1. All debts contracted, and engagements entered into,
before the adoption of this Constitution, shall be as valid as
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, anything 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.--Ratification of the Constitution.
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.