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.