CHAPTER XV.

OF COMMITTEES.

Sect. I. Their Nature and Functions.

258. It is usual in all deliberative assemblies, to take the

preliminary (sometimes, also, the intermediate) measures, and to

prepare matters to be acted upon, in the assembly, by means of

committees, composed either of members specially selected for the

particular occasion, or appointed beforehand for all matters of the

same nature.

259. Committees of the first kind are usually called _select_, the

others _standing_; though the former appellation belongs with equal

propriety to both, in order to distinguish them from another form of

committee, constituted either for a particular occasion, or for all

cases of a certain kind, which is composed of all the members of the

assembly, and therefore denominated a _committee of the whole_.

260. The advantages of proceeding in this mode are manifold. It

enables a deliberative assembly to do many things, which, from its

numbers, it would be otherwise be unable to do;—to accomplish a much

greater quantity of business, by dividing it among the members, than

could possibly be accomplished, if the whole body were obliged to

devote itself to each particular subject;—and to act in the

preliminary and preparatory steps, with a greater degree of freedom,

than is compatible with the forms of proceeding usually observed in

full assembly.

261. Committees are appointed to consider a particular subject, either

at large or under special instructions: to obtain information in

reference to a matter before the assembly, either by personal inquiry

and inspection, or by the examination of witnesses; and to digest and

put into the proper form, for the adoption of the assembly, all

resolutions, votes, orders, and other papers, with which they may be

charged. Committees are commonly said to be the “eyes and ears” of the

assembly; it is equally true, that, for certain purposes, they are

also its “head and hands.”

262. The powers and functions of committees depend chiefly upon the

general authority and particular instructions given them by the

assembly, at the time of their appointment; but they may also be, and

very often are, further instructed, whilst they are in the exercise of

their functions; and, sometimes, it even happens, that these

additional instructions wholly change the nature of a committee, by

charging it with inquiries quite different from those for which it was

originally established.

Sect. II. Their Appointment.

263. In the manner of appointing committees, there is no difference

between standing and other select committees, as to the mode of

selecting the members to compose them; and, in reference to committees

of the whole, as there is no selection of members, they are appointed

simply by the order of the assembly.

264. In the appointment of select committees, the first thing to be

done is to fix upon the number. This is usually effected in the same

manner that blanks are filled, namely, by members proposing, without

the formality of a motion, such members as they please, which are then

separately put to the question, beginning with the largest and going

regularly through to the smallest, until the assembly comes to a vote.

265. The number being settled, there are three modes of selecting the

members, to wit, by the appointment of the presiding officer,—by

ballot,—and by nomination and vote of the assembly; the first,

sometimes in virtue of a standing rule, sometimes in pursuance of a

vote of the assembly in a particular case; the second always in

pursuance of a vote; the last is the usual course where no vote is

taken.

266. In deliberative assemblies, whose sittings are of considerable

length, as legislative bodies, it is usual to provide by a standing

rule, that, unless otherwise ordered in a particular case, all

committees shall be named by the presiding officer. Where this is the

case, whenever a committee is ordered, and the number settled, the

presiding officer at once names the members to compose it. Sometimes,

also, the rule fixes the number, of which, unless otherwise ordered,

committees shall consist. This mode of appointing a committee is

frequently resorted to, where there is no rule on the subject.

267. When a committee is ordered to be appointed by ballot, the

members are chosen by the assembly, either singly or altogether, as

may be ordered, in the same manner that other elections are made; and,

in such elections, as in other cases of the election of the officers

of the assembly, a majority of all the votes given in is necessary to

a choice.

268. When a committee is directed to be appointed by nomination and

vote, the names of the members proposed are put to the question

singly, and approved or rejected by the assembly, by a vote taken in

the usual manner. If the nomination is directed to be made by the

presiding officer, he may propose the names in the same manner, or all

at once; the former mode being the most direct and simple; the latter

enabling the assembly to vote more understandingly upon the several

names proposed. When the nomination is directed to be made at large,

the presiding officer calls upon the assembly to nominate, and names

being mentioned accordingly, he puts to vote the first name he hears.

269. It is also a compendious mode of appointing a committee, to

revive one which has already discharged itself by a report; or by

charging a committee appointed for one purpose with some additional

duty, of the same or a different character.

270. In regard to the appointment of committees, so far as the

selection of the members is concerned, it is a general rule in

legislative bodies, when a bill is to be referred, that none who speak

directly against the body of it are to be of the committee, for the

reason, that he who would totally destroy will not amend; but that,

for the opposite reason, those who only take exceptions to some

particulars in the bill are to be of the committee. This rule supposes

the purpose of the commitment to be, not the consideration of the

general merits of the bill, but the amendment of it in its particular

provisions, so as to make it acceptable to the assembly.

271. This rule, of course, is only for the guidance of the presiding

officer, and the members, in the exercise of their discretion; as the

assembly may refuse to excuse from serving, or may itself appoint, on

a committee, persons who are opposed to the subject referred. It is

customary, however, in all deliberative assemblies, to constitute a

committee of such persons (the mover and seconder of a measure being

of course appointed), a majority of whom, at least, are favorably

inclined to the measure proposed.[36]

272. When a committee has been appointed, in reference to a particular

subject, it is the duty of the secretary of the assembly to make out a

list of the members, together with a certified copy of the authority

or instructions under which they are to act, and to give the papers to

the member first named on the list of the committee, if convenient,

but, otherwise, to any other member of the committee.

Sect. III. Their Organization and Manner of Proceeding.

273. The person first named on a committee acts as its chairman, or

presiding officer, so far as relates to the preliminary steps to be

taken, and is usually permitted to do so, through the whole

proceedings; but this is a matter of courtesy; every committee having

a right to elect its own chairman, who presides over it, and makes the

report of its proceedings to the assembly.

274. A committee is properly to receive directions from the assembly,

as to the time and place of its meeting, and cannot regularly sit at

any other time or place; and it may be ordered to sit immediately,

whilst the assembly is sitting, and make its report forthwith.

275. When no directions are given, a committee may select its own time

and place of meeting; but, without a special order to that effect, it

is not at liberty to sit whilst the assembly sits; and, if a committee

is sitting, when the assembly comes to order after an adjournment, it

is the duty of the chairman to rise, instantly, on being certified of

it, and, with the other members, to attend the service of the

assembly.

276. In regard to its forms of proceeding, a committee is essentially

a miniature assembly;—it can only act when regularly assembled

together, as a committee, and not by separate consultation and consent

of the members; nothing being the agreement or report of a committee,

but what is agreed to in that manner;—a vote taken in committee is as

binding as a vote of the assembly;—a majority of the members is

necessary to constitute a quorum for business, unless a larger or

smaller number has been fixed by the assembly itself;—and a committee

has full power over whatever may be committed to it, except that it is

not at liberty to change the title or subject.

277. A committee, which is under no directions as to the time and

place of meeting, may meet when and where it pleases, and adjoin

itself from day to day, or otherwise, until it has gone through with

the business committed to it; but, if it is ordered to meet at a

particular time, and it fails of doing so, for any cause, the

committee is closed, and cannot act without being newly directed to

sit.

278. Disorderly words spoken in a committee must be written down in

the same manner as in the assembly; but the committee, as such, can do

nothing more than report them to the assembly for its animadversion;

neither can a committee punish disorderly conduct of any other kind,

but must report it to the assembly.

279. When any paper is before a committee whether select or of the

whole, it may either have originated with the committee, or have been

referred to them; and, in either case, when the paper comes to be

considered, the course is for it to be first read entirely through, by

the clerk of the committee, if there is one, otherwise by the

chairman; and then to be read through again by paragraphs by the

chairman, pausing at the end of each paragraph, and putting questions

for amending, either by striking out or inserting, if proposed. This

is the natural order of proceeding in considering and amending any

paper, and is to be strictly adhered to in the assembly; but the same

strictness does not seem necessary in a committee.

280. If the paper before a committee is one which has originated with

the committee, questions are put on amendments proposed, but not on

agreeing to the several paragraphs of which it is composed,

separately, as they are gone through with; this being reserved for the

close, when a question is to be put on the whole, for agreeing to the

paper, as amended, or unamended.

281. If the paper be one, which has been referred to the committee,

they proceed as in the other case to put questions of amendment, if

proposed, but no final question on the whole; because all the parts of

the paper, having been passed upon if not adopted by the assembly as

the basis of its action, stand, of course, unless altered or struck

out by a vote of the assembly. And even if the committee are opposed

to the whole paper, and are of opinion, that it cannot be made good by

amendments, they have no authority to reject it; they must report it

back to the assembly, without amendments, (specially stating their

objections, if they think proper,) and there make their opposition as

individual members.[37]

282. In the case of a paper originating with a committee, they may

erase or interline it as much as they please; though, when finally

agreed to, it ought to be reported in a clear draft, fairly written,

without erasure or interlineation.

283. But, in the case of a paper referred to a committee, they are not

at liberty to erase, interline, blot, disfigure, or tear it, in any

manner; but they must, in a separate paper, set down the amendments

they have agreed to report, stating the words which are to be inserted

or omitted, and the place where the amendments are to be made, by

references to the paragraph or section, line, and word.

284. If the amendments agreed to are very numerous and minute, the

committee may report them altogether, in the form of a new and amended

draft.

285. When a committee has gone through the paper, or agreed upon a

report on the subject, which has been referred to them, it is then

moved by some member, and thereupon voted, that the committee rise,

and that the chairman, or some other member, make their report to the

assembly.

Sect. IV. Their Report.

286. When the report of a committee is to be made, the chairman, or

member appointed to make the report, standing in his place, informs

the assembly, that the committee, to whom was referred such a subject

or paper, have, according to order, had the same under consideration,

and have directed him to make a report thereon, or to report the same

with sundry amendments, or without amendment, as the case may be,

which he is ready to do, when the assembly shall please; and he or any

other member may then move that the report be now received. On this

motion being made, the question is put whether the assembly will

receive the report at that time; and a vote passes, accordingly,

either to receive it then, or fixing upon some future time for its

reception.

287. At the time, when, by the order of the assembly, the report is to

be received, the chairman reads it in his place, and then delivers it,

together with all the papers, connected with it, to the clerk at the

table; where it is again read, and then lies on the table, until the

time assigned, or until it suits the convenience of the assembly, to

take it up for consideration.

288. If the report of the committee is of a paper with amendments, the

chairman reads the amendments with the coherence in the paper,

whatever it may be, and opens the alterations, and the reasons of the

committee for the amendments, until he has gone through the whole;

and, when the report is read at the clerk’s table, the amendments only

are read without the coherence.

289. In practice, however, the formality of a motion and vote on the

reception of a report is usually dispensed with; though, if any

objection is made, or if the presiding officer sees any informality in

the report, he should decline receiving it without a motion and vote;

and a report, if of any considerable length, is seldom read, either by

the chairman in his place, or by the clerk at the table, until it is

taken up for consideration. In legislative assemblies, the printing of

reports generally renders the reading of them unnecessary.

290. The report of a committee being made and received, the committee

is dissolved, and can act no more without a new power; but their

authority may be revived by a vote, and the same matter recommitted to

them. If a report, when offered to the assembly, is not received, the

committee is not thereby discharged, but may be ordered to sit again,

and a time and place appointed accordingly.

291. When a subject or paper has been once committed, and a report

made upon it, it may be recommitted either to the same or a different

committee; and if a report is recommitted, before it has been agreed

to by the assembly, what has heretofore passed in the committee is of

no validity; the whole question being again before the committee, as

if nothing had passed there in relation to it.

292. The report of a committee may be made in three different forms,

namely: _first_, it may contain merely a statement of facts,

reasoning, or opinion, in relation to the subject of it, without any

specific conclusion; or, _second_, a statement of facts, reasoning, or

opinion, concluding with a resolution, or series of resolutions, or

some other specific proposition; or, _third_, it may consist merely of

such resolutions, or propositions, without any introductory part.

293. The first question, on a report, is, in strictness, on receiving

it; though in practice, this question is seldom or never made; the

consent of the assembly, especially in respect to the report of a

committee of the whole, being generally presumed, unless objection is

made. When a report is received, whether by general consent, or upon a

question and vote, the committee is discharged, and the report becomes

the basis of the future proceedings of the assembly, on the subject to

which it relates.

294. At the time assigned for the consideration of a report, it may be

treated and disposed of precisely like any other proposition (59 to

77); and may be amended, in the same manner (78 to 133), both in the

preliminary statement, reasoning, or opinion, if it contain any, and

in the resolutions, or other propositions with which it concludes; so

if it consist merely of a statement, etc., without resolutions, or of

resolutions, etc., without any introductory part.

295. The final question on a report, whatever form it may have, is

usually stated on its acceptance; and, when accepted, the whole report

is adopted by the assembly, and becomes the statement, reasoning,

opinion, resolution, or other act, as the case may be, of the

assembly; the doings of a committee, when agreed to, adopted, or

accepted, becoming the acts of the assembly, in the same manner as if

done originally by the assembly itself, without the intervention of a

committee.

296. It would be better, however, and in stricter accordance with

parliamentary rules, to state the final question on a report,

according to the form of it. If the report contain merely a statement

of facts, reasoning, or opinion, the question should be on acceptance;

if it also conclude with resolutions, or other specific propositions,

of any kind,—the introductory part being consequently merged in the

conclusion,—the question should be on agreeing to the resolutions, or

on adopting the order, or other proposition, or on passing or coming

to the vote, recommended by the committee; and the same should be the

form of the question when the report consists merely of resolutions,

etc., without any introductory part.

Sect. V. Committee of the Whole.

297. When a subject has been ordered to be referred to a committee of

the whole, the form of going from the assembly into committee, is, for

the presiding officer, at the time appointed for the committee to sit,

on motion made and seconded for the purpose, to put the question that

the assembly do now resolve itself into a committee of the whole, to

take under consideration such a matter, naming it. If this question is

determined in the affirmative, the result is declared by the presiding

officer, who, naming some member to act as chairman of the committee,

then leaves the chair, and takes a seat elsewhere, like any other

member; and the person appointed chairman seats himself (not in the

chair of the assembly but) at the clerk’s table.[38]

298. The chairman named by the presiding officer is generally

acquiesced in by the committee; though, like all other committees, a

committee of the whole have a right to elect a chairman for

themselves, some member, by general consent, putting the question.

299. The same number of members is necessary to constitute a quorum of

a committee of the whole, as of the assembly; and if the members

present fall below a quorum, at any time, in the course of the

proceedings, the chairman, on a motion and question, rises,—the

presiding officer thereupon resumes the chair,—and the chairman

informs the assembly (he can make no other report) of the cause of the

dissolution of the committee.

300. When the assembly is in committee of the whole, it is the duty of

the presiding officer to remain in the assembly-room, in order to be

at hand to resume the chair, in case the committee should be broken up

by some disorder, or for want of a quorum, or should rise, either to

report progress, or to make their final report upon the matter

committed to them.

301. The clerk of the assembly does not act as clerk of the committee

(this is the duty of the assistant clerk in legislative bodies), or

record in his journal any of the proceedings or votes of the

committee, but only their report as made to the assembly.

302. The proceedings in a committee of the whole, though, in general,

similar to those in the assembly itself, and in other committees, are

yet different in some respects, the principal of which are the

following:—

303. _First._ The previous question cannot be moved in a committee of

the whole. The only means of avoiding an improper discussion is, to

move that the committee rise; and, if it is apprehended, that the same

discussion will be attempted on returning again into committee, the

assembly can discharge the committee, and proceed itself with the

business, keeping down any improper discussion by means of the

previous question.[39]

304. _Second._ A committee of the whole cannot adjourn, like other

committees, to some other time or place, for the purpose of going on

with and completing the consideration of the subject referred to them;

but if their business is unfinished, at the usual time for the

assembly to adjourn, or, for any other reason, they wish to proceed no

further at a particular time, the form of proceeding is, for some

member to move that the committee rise,—report progress,—and ask leave

to sit again; and, if this motion prevails, the chairman rises,—the

presiding officer resumes the chair of the assembly,—and the chairman

of the committee informs him that the committee of the whole have,

according to order, had under their consideration such a matter, and

have made some progress therein;[40] but, not having had time to go

through with the same, have directed him to ask leave for the

committee to sit again. The presiding officer thereupon puts a

question on giving the committee leave to sit again, and also on the

time when, the assembly will again resolve itself into a committee. If

leave to sit again is not granted, the committee is of course

dissolved.

305. _Third._ In a committee of the whole, every member may speak as

often as he pleases, provided he could obtain the floor; whereas in

the assembly itself, no member can speak more than once.

306. _Fourth._ A committee of the whole cannot refer any matter to

another committee; but other committees may and do frequently exercise

their functions, and expedite their business by means of

sub-committees of their own members.

307. _Fifth._ In a committee of the whole, the presiding officer of

the assembly has a right to take a part in the debate and proceedings,

in the same manner as any other member.

308. _Sixth._ A committee of the whole, like a select committee, has

no authority to punish a breach of order whether of a member, or

stranger; but can only rise and report the matter to the assembly, who

may proceed to punish the offender. Disorderly words must be written

down in committee, in the same manner as in the assembly, and reported

to the assembly for their animadversion.

309. The foregoing are the principal points of difference between

proceedings in the assembly and in committees of the whole; in most

other respects they are precisely similar. It is sometimes said, that

in a committee of the whole, it is not necessary that a motion should

be seconded. There is no foundation, however, either in reason or

parliamentary usage, for this opinion.

310. When a committee of the whole have gone through with the matter

referred to them, a member moves that the committee rise, and that the

chairman (or some other member) report their proceedings to the

assembly; which being resolved, the chairman rises and goes to his

place,—the presiding officer resumes the chair of the assembly,—and

the chairman informs him, that the committee have gone through with

the business referred to them, and that he is ready to make their

report, when the assembly shall think proper to receive it. The time

for receiving the report is then agreed upon; and, at the time

appointed, it is made and received in the same manner as that of any

other committee (286).

311. It sometimes happens, that the formality of a motion and question

as to the time of receiving a report is dispensed with. If the

assembly are ready to receive it, at the time, they cry out, “now,

now,” whereupon the chairman proceeds; if not then ready, some other

time is mentioned, as “to-morrow,” or “Monday,” and that time is fixed

by general consent. But, when it is not the general sense of the

assembly to receive the report at the time, it is better to agree upon

and fix the time by a motion and question.[41]

36. “In theory, the majority of the committee should be of the friends

of the measure referred. But as a general rule it will be found

that, whichever political party is in the ascendant, that party

has a majority on the committee, as they will then be able to

control the committee’s workings, etc.”—Ed.

37. This rule is not applicable, of course, to those cases in which

the SUBJECT, as well as the FORM OR DETAILS of a paper, is

referred to the committee.

38. Jefferson says he will sit at the clerk’s table.

Mell says, “The chairman thus designated will take the

_President’s_ chair.”—Ed.

39. If the object be to stop debate, that can only be effected, in the

same manner, unless there is a special rule, as to the time of

speaking, or to taking a subject out of committee.

40. If it is a second time, the expression is, “some further

progress,” etc.

41. “Amendments proposed by the committee may be amended or rejected

by the assembly, and matters stricken out by the committee may be

restored by the assembly.”—Ed.

CONCLUDING REMARKS.

312. In bringing this treatise to a close, it will not be deemed out

of place, to make a suggestion or two for the benefit of those

persons, who may be called upon to act as presiding officers, for the

first time.

313. One of the most essential parts of the duty of a presiding

officer is, to give the closest attention to the proceedings of the

assembly, and, especially, to what is said by every member who speaks.

Without the first, confusion will be almost certain to occur; wasting

the time, perhaps disturbing the harmony, of the assembly. The latter

is not merely a decent manifestation of respect for those who have

elevated him to an honorable station; but it tends greatly to

encourage timid or diffident members, and to secure them a patient and

attentive hearing; and it often enables the presiding officer, by a

timely interference, to check offensive language, in season to prevent

scenes of tumult and disorder, such as have sometimes disgraced our

legislative halls.

314. It should be constantly kept in mind by a presiding officer,

that, in a deliberative assembly, there can regularly be but one thing

done or doing, at the same time. This caution he will find

particularly useful to him, whenever a quarrel arises between two

members, in consequence of words spoken in debate. In such a case, he

will do well to require that the regular course of proceeding shall be

strictly pursued; and will take care to restrain members from

interfering in any other manner. In general, the solemnity and

deliberation, with which this mode is attended, will do much to allay

heat and excitement, and to restore harmony and order to the assembly.

315. A presiding officer will often find himself embarrassed, by the

difficulty, as well as the delicacy, of deciding points of order, or

giving directions as to the manner of proceeding. In such cases, it

will be useful for him to recollect, that—

The great purpose of all rules and forms, is to subserve the will of

the assembly rather than to restrain it; to facilitate, and not to

obstruct, the expression of their deliberate sense.

* * * * *

NOTE: The so-called “cloture” has the same end as the American

previous question; it is intended to cut debate short. The English

previous question works to continue debate, and a new scheme had to be

devised in 1882. Then it was that the French cloture was adopted and

naturalized. Under the Cloture act the Speaker of the House or the

Chairman of Committee may say when he thinks the subject before the

House or the Committee has been sufficiently discussed, and if a

motion be made “That the question be now put,” he shall put the

question. If 200 members are in favor of putting the question, or if

less than 40 oppose it and more than 100 are in favor, he shall put

the question on the principal question before the House or the

committee at once. In this country, when a member reports a bill from

his committee he moves that the previous question be put at the end of

one hour; debate is therefore limited to one hour. In England, a

member, calling up a bill for its second reading, moves the previous

question, and votes against his motion. If the previous question

should be ordered, he would feel grievously disgusted—so would the

American Congressman, if the previous question should not be ordered.

CONSTITUTION OF THE UNITED STATES.

PREAMBLE.

We, the People of the United States, in order to form a more perfect

union, establish justice, insure domestic tranquillity, 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.

THE 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.—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.

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.

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.

4. 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 III.—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.

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.

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.

4. The Vice-President of the United States shall be President of the

Senate, but shall have no vote unless they be equally divided.

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.

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.

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.—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.

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.—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.

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.

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.

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.—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.

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.—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.

2. Every bill which shall have passed the House of Representatives and

the Senate, shall, before it become a law, be presented to the

President of the United States; if he approve, he shall sign it; but

if not, he shall return it, with his objections, to that house in

which it shall have originated; who shall enter the objections at

large on their journal, and proceed to reconsider it. If after such

reconsideration, two thirds of that house shall agree to pass the

bill, it shall be sent, together with the objections, to the other

house, by which it shall likewise be reconsidered; and if approved by

two thirds of that house, it shall become a law. But in all such cases

the votes of both houses shall be determined by yeas and nays, and the

names of the persons voting for and against the bill shall be entered

on the journal of each house respectively. If any bill shall not be

returned by the President within ten days (Sundays excepted) after it

shall have been presented to him, the same shall be a law in like

manner as if he had signed it, unless the Congress by their

adjournment prevent its return, in which case it shall not be a law.

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 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 VIII.—The Congress shall have power—

1. 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:

2. To borrow money on the credit of the United States:

3. To regulate commerce with foreign nations, and among the several

States, and with the Indian tribes:

4. To establish a uniform rule of naturalization, and uniform laws on

the subject of bankruptcies throughout the United States:

5. To coin money, regulate the value thereof and of foreign coin, and

to fix the standard of weights and measures:

6. To provide for the punishment of counterfeiting the securities and

current coin of the United States:

7. To establish post-offices and post-roads:

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:

9. To constitute tribunals inferior to the Supreme Court:

10. To define and punish piracies and felonies committed on the high

seas, and offences against the law of nations:

11. To declare war, grant letters of marque and reprisal, and make

rules concerning captures on land and water:

12. To raise and support armies; but no appropriation of money to that

use shall be for a longer term than two years:

13. To provide and maintain a navy:

14. To make rules for the government and regulation of the land and

naval forces:

15. To provide for calling forth the militia to execute the laws of

the Union, suppress insurrections, and repel invasions:

16. To provide for organizing, arming, and disciplining the militia,

and for governing such parts 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:

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

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

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.—1. The immigration 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.

2. The privilege of the writ of habeas corpus shall not be suspended,

unless when, in cases of rebellion or invasion, the public safety may

require it.

3. No bill of attainder or _ex post facto_ law shall be passed.

4. No capitation or other direct tax shall be laid, unless in

proportion to the census or enumeration hereinbefore directed to be

taken.

5. 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.

6. 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.

7. 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 Congress, accept of any present, emolument,

office, or title, of any kind whatever, from any king, prince, or

foreign state.

Section X.—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.

2. No State shall, without the consent of 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 Congress.

3. No State shall, without the consent of Congress, lay any duty on

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.

THE EXECUTIVE DEPARTMENT.

Section I.—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:

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 Congress:

but no Senator or Representative, or person holding an office of trust

or profit under the United States, shall be appointed an elector.

3. The electors shall meet in their respective States, and vote by

ballot for two persons, of whom one at least shall not be an

inhabitant of the same State with themselves. And they shall make a

list of all the persons voted for, and of the number of votes for

each; which list they shall sign and certify, and transmit sealed to

the seat of the government of the United States, directed to the

President of the Senate. The President of the Senate shall, in the

presence of the Senate and House of Representatives, open all the

certificates, and the votes shall then be counted. The person having

the greatest number of votes shall be President, if such number be a

majority of the whole number of electors appointed; and if there be

more than one who have such a 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 a 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 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.

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.

5. No person except a natural born citizen, or a citizen of the United

States at the time of the adoption of this Constitution, shall be

eligible to the office of President: neither shall any person be

eligible to that office who shall not have attained to the age of

thirty-five years, and been fourteen years a resident within the

United States.

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.

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.

8. Before he enters 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.—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.

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 and 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.

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.—1. He shall, from time to time, give to 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 officers of the United Slates.

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.

THE JUDICIAL DEPARTMENT.

Section I.—The judicial power of the United States shall be vested in

one Supreme Court, and in such inferior courts as 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.—1. The judicial power shall extend to all cases in law and

equity arising under this Constitution, the laws of the United States,

and treaties made, or which shall be made, under their authority; to

all cases affecting ambassadors, other public ministers, and consuls;

to all cases of admiralty and maritime jurisdiction; to controversies

to which the United States shall be a party; to controversies between

two or more States; between a State and citizens of another State;

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.

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

Congress shall make.

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 Congress may by

law have directed.

Section III.—1. Treason against the United States shall consist only

in levying war against them, or in adhering to their enemies, giving

them aid and comfort. No person shall be convicted of treason, unless

on the testimony of two witnesses to the same overt act, or on

confession in open court.

2. 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.

MISCELLANEOUS 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 Congress may, by general laws, prescribe the manner in which such

acts, records, and proceedings shall be proved, and the effect

thereof.

Section II.—1. The citizens of each State shall be entitled to all the

privileges and immunities of citizens in the several States.

2. A person charged in any State with treason, felony, or other crime,

who shall flee from justice, and be found in another State, shall, on

demand of the executive authority of the State from which he fled, be

delivered up, to be removed to the State having jurisdiction of the

crime.

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.

Section III.—1. New States may be admitted by 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

Congress.

2. 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.

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 parts 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 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.

1. All debts contracted, and engagements entered into, before the

adoption of this Constitution, shall be as valid against the United

States under this Constitution as under the Confederation.

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.

3. The Senators and Representatives before mentioned, and the members

of the several State legislatures, and all executive and judicial

officers, both of the United States and of the several States, shall

be bound by oath or affirmation to support this Constitution; but no

religious test shall ever be required as a qualification to any office

or public trust under the United States.

ARTICLE VII.

The ratification of the conventions of nine States shall be sufficient

for the establishment of this Constitution between the States so

ratifying the same. Done in convention by the unanimous consent of the

States present, the seventeenth day of September, in the year of our

Lord one thousand seven hundred and eighty-seven, and of the

Independence of the United States of America the twelfth. In witness

whereof we have hereunto subscribed our names.

George Washington,

_President, and Deputy from Virginia._

AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES.

Article 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 II.—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 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 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 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 put twice

in jeopardy of life or limb; nor shall be compelled in any criminal

case to be 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 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 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 VIII.—Excessive bail shall not be required, nor excessive

fines imposed, nor cruel and unusual punishments inflicted.

Article IX.—The enumeration in the Constitution of certain rights

shall not be construed to deny or disparage others retained by the

people.

Article 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.

Article XI.—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.—1. 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.

2. 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.

3. But no person constitutionally ineligible to the office of

President shall be eligible to that of Vice-President of the United

States.

Article XIII.—_Section_ I.—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_ II.—Congress shall have power to enforce this Article by

appropriate legislation.

Article XIV.—_Section_ I.—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_ II.—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 or 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_ III.—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_ IV.—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_ V.—The Congress shall have power to enforce, by appropriate

legislation, the provisions of this Article.

Article XV.—_Section_ I.—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_ II.—The Congress shall have power to enforce this Article by

appropriate legislation.

DECLARATION OF INDEPENDENCE.

When, in the course of human events, it becomes necessary for one

people to dissolve the political bands which have connected them with

another, and to assume, among the powers of the earth, the separate

and equal station to which the laws of Nature and Nature’s God entitle

them, a decent respect to the opinions of mankind requires that they

should declare the causes which impel them to the separation.

We hold these truths to be self-evident; that all men are created

equal; that they are endowed by their Creator with certain inalienable

rights; that among these are life, liberty, and the pursuit of

happiness. That to secure these rights, governments are instituted

among men, deriving their just powers from the consent of the

governed; that whenever any form of government becomes destructive of

these ends, it is the right of the people to alter or to abolish it,

and to institute a new government, laying its foundation on such

principles, and organizing its powers in such form as to them shall

seem most likely to effect their safety and happiness. Prudence,

indeed, will dictate that governments long established should not be

changed for light and transient causes; and accordingly all experience

hath shown that mankind are more disposed to suffer, while evils are

sufferable, than to right themselves, by abolishing the forms to which

they are accustomed. But when a long train of abuses and usurpations,

pursuing invariably the same object, evinces a design to reduce them

under absolute despotism, it is their right, it is their duty, to

throw off such government, and to provide new guards for their future

security. Such has been the patient sufferance of these colonies, and

such is now the necessity which constrains them to alter their former

systems of government. The history of the present king of Great

Britain is a history of repeated injuries and usurpations, all having

in direct object the establishment of an absolute tyranny over these

States. To prove this, let facts be submitted to a candid world:

He has refused his assent to laws the most wholesome and necessary for

the public good.

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