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Constitution
of the United States of America
1787
(Note: This is a transcript
of the U.S. Constitution in its original form. The underlined
items have been amended or superseded.)
We the People of the United
States, in Order to form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the common defense,
promote the general Welfare, and secure the Blessings of Liberty
to ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.
Article. I.
Section. 1.
All legislative Powers herein granted shall be vested in a Congress
of the United States, which shall consist of a Senate and House
of Representatives.
Section. 2.
The House of Representatives
shall be composed of Members chosen every second Year by the
People of the several States, and the Electors in each State
shall have the Qualifications requisite for Electors of the most
numerous Branch of the State Legislature.
No Person shall be a Representative
who shall not have attained to the Age of twenty five Years,
and been seven Years a Citizen of the United States, and who
shall not, when elected, be an Inhabitant of that State in which
he shall be chosen.
Representatives and direct
Taxes shall be apportioned among the several States which may
be included within this Union, according to their respective
Numbers, which shall be determined by adding to the whole Number
of free Persons, including those bound to Service for a Term
of Years, and excluding Indians not taxed, three fifths of all
other Persons. The
actual Enumeration shall be made within three Years after the
first Meeting of the Congress of the United States, and within
every subsequent Term of ten Years, in such Manner as they shall
by Law direct. The Number of Representatives shall not exceed
one for every thirty Thousand, but each State shall have at Least
one Representative; and until such enumeration shall be made,
the State of New Hampshire shall be entitled to chuse three,
Massachusetts eight, Rhode-Island and Providence Plantations
one, Connecticut five, New-York six, New Jersey four, Pennsylvania
eight, Delaware one, Maryland six, Virginia ten, North Carolina
five, South Carolina five, and Georgia three.
When vacancies happen in the
Representation from any State, the Executive Authority thereof
shall issue Writs of Election to fill such Vacancies.
The House of Representatives
shall chuse their Speaker and other Officers; and shall have
the sole Power of Impeachment.
Section. 3.
The Senate of the United
States shall be composed of two Senators from each State, chosen
by the Legislature thereof for six Years; and each Senator
shall have one Vote.
Immediately after they shall
be assembled in Consequence of the first Election, they shall
be divided as equally as may be into three Classes. The Seats
of the Senators of the first Class shall be vacated at the Expiration
of the second Year, of the second Class at the Expiration of
the fourth Year, and of the third Class at the Expiration of
the sixth Year, so that one third may be chosen every second
Year; and if Vacancies happen by Resignation, or otherwise,
during the Recess of the Legislature of any State, the Executive
thereof may make temporary Appointments until the next Meeting
of the Legislature, which shall then fill such Vacancies.
No Person shall be a Senator
who shall not have attained to the Age of thirty Years, and been
nine Years a Citizen of the United States, and who shall not,
when elected, be an Inhabitant of that State for which he shall
be chosen.
The Vice President of the United
States shall be President of the Senate, but shall have no Vote,
unless they be equally divided.
The Senate shall chuse their
other Officers, and also a President pro tempore, in the Absence
of the Vice President, or when he shall exercise the Office of
President of the United States.
The Senate shall have the sole
Power to try all Impeachments. When sitting for that Purpose,
they shall be on Oath or Affirmation. When the President of the
United States is tried, the Chief Justice shall preside: And
no Person shall be convicted without the Concurrence of two thirds
of the Members present.
Judgment in Cases of Impeachment
shall not extend further than to removal from Office, and disqualification
to hold and enjoy any Office of honor, Trust or Profit under
the United States: but the Party convicted shall nevertheless
be liable and subject to Indictment, Trial, Judgment and Punishment,
according to Law.
Section. 4.
The Times, Places and
Manner of holding Elections for Senators and Representatives,
shall be prescribed in each State by the Legislature thereof;
but the Congress may at any time by Law make or alter such Regulations,
except as to the Places of chusing Senators.
The Congress shall assemble
at least once in every Year, and such Meeting shall be on
the first Monday in December, unless they shall by Law appoint
a different Day.
Section. 5.
Each House shall be
the Judge of the Elections, Returns and Qualifications of its
own Members, and a Majority of each shall constitute a Quorum
to do Business; but a smaller Number may adjourn from day to
day, and may be authorized to compel the Attendance of absent
Members, in such Manner, and under such Penalties as each House
may provide.
Each House may determine the
Rules of its Proceedings, punish its Members for disorderly Behaviour,
and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal
of its Proceedings, and from time to time publish the same, excepting
such Parts as may in their Judgment require Secrecy; and the
Yeas and Nays of the Members of either House on any question
shall, at the Desire of one fifth of those Present, be entered
on the Journal.
Neither House, during the Session
of Congress, shall, without the Consent of the other, adjourn
for more than three days, nor to any other Place than that in
which the two Houses shall be sitting.
Section. 6.
The Senators and Representatives
shall receive a Compensation for their Services, to be ascertained
by Law, and paid out of the Treasury of the United States. They
shall in all Cases, except Treason, Felony and Breach of the
Peace, be privileged from Arrest during their Attendance at the
Session of their respective Houses, and in going to and returning
from the same; and for any Speech or Debate in either House,
they shall not be questioned in any other Place.
No Senator or Representative
shall, during the Time for which he was elected, be appointed
to any civil Office under the Authority of the United States,
which shall have been created, or the Emoluments whereof shall
have been encreased during such time; and no Person holding any
Office under the United States, shall be a Member of either House
during his Continuance in Office.
Section. 7.
All Bills for raising
Revenue shall originate in the House of Representatives; but
the Senate may propose or concur with Amendments as on other
Bills.
Every Bill which shall have
passed the House of Representatives and the Senate, shall, before
it become a Law, be presented to the President of the United
States: If he approve he shall sign it, but if not he shall return
it, with his Objections to that House in which it shall have
originated, who shall enter the Objections at large on their
Journal, and proceed to reconsider it. If after such Reconsideration
two thirds of that House shall agree to pass the Bill, it shall
be sent, together with the Objections, to the other House, by
which it shall likewise be reconsidered, and if approved by two
thirds of that House, it shall become a Law. But in all such
Cases the Votes of both Houses shall be determined by yeas and
Nays, and the Names of the Persons voting for and against the
Bill shall be entered on the Journal of each House respectively.
If any Bill shall not be returned by the President within ten
Days (Sundays excepted) after it shall have been presented to
him, the Same shall be a Law, in like Manner as if he had signed
it, unless the Congress by their Adjournment prevent its Return,
in which Case it shall not be a Law.
Every Order, Resolution, or
Vote to which the Concurrence of the Senate and House of Representatives
may be necessary (except on a question of Adjournment) shall
be presented to the President of the United States; and before
the Same shall take Effect, shall be approved by him, or being
disapproved by him, shall be repassed by two thirds of the Senate
and House of Representatives, according to the Rules and Limitations
prescribed in the Case of a Bill.
Section. 8.
The Congress shall
have Power To lay and collect Taxes, Duties, Imposts and Excises,
to pay the Debts and provide for the common Defence and general
Welfare of the United States; but all Duties, Imposts and Excises
shall be uniform throughout the United States;
To borrow Money on the credit
of the United States;
To regulate Commerce with foreign
Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule
of Naturalization, and uniform Laws on the subject of Bankruptcies
throughout the United States;
To coin Money, regulate the
Value thereof, and of foreign Coin, and fix the Standard of Weights
and Measures;
To provide for the Punishment
of counterfeiting the Securities and current Coin of the United
States;
To establish Post Offices and
post Roads;
To promote the Progress of
Science and useful Arts, by securing for limited Times to Authors
and Inventors the exclusive Right to their respective Writings
and Discoveries;
To constitute Tribunals inferior
to the supreme Court;
To define and punish Piracies
and Felonies committed on the high Seas, and Offences against
the Law of Nations;
To declare War, grant Letters
of Marque and Reprisal, and make Rules concerning Captures on
Land and Water;
To raise and support Armies,
but no Appropriation of Money to that Use shall be for a longer
Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government
and Regulation of the land and naval Forces;
To provide for calling forth
the Militia to execute the Laws of the Union, suppress Insurrections
and repel Invasions;
To provide for organizing,
arming, and disciplining, the Militia, and for governing such
Part of them as may be employed in the Service of the United
States, reserving to the States respectively, the Appointment
of the Officers, and the Authority of training the Militia according
to the discipline prescribed by Congress;
To exercise exclusive Legislation
in all Cases whatsoever, over such District (not exceeding ten
Miles square) as may, by Cession of particular States, and the
Acceptance of Congress, become the Seat of the Government of
the United States, and to exercise like Authority over all Places
purchased by the Consent of the Legislature of the State in which
the Same shall be, for the Erection of Forts, Magazines, Arsenals,
dock-Yards, and other needful Buildings;--And
To make all Laws which shall
be necessary and proper for carrying into Execution the foregoing
Powers, and all other Powers vested by this Constitution in the
Government of the United States, or in any Department or Officer
thereof.
Section. 9.
The Migration or Importation
of such Persons as any of the States now existing shall think
proper to admit, shall not be prohibited by the Congress prior
to the Year one thousand eight hundred and eight, but a Tax or
duty may be imposed on such Importation, not exceeding ten dollars
for each Person.
The Privilege of the Writ of
Habeas Corpus shall not be suspended, unless when in Cases of
Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex
post facto Law shall be passed.
No Capitation, or other direct,
Tax shall be laid, unless in Proportion to the Census or enumeration
herein before directed to be taken.
No Tax or Duty shall be laid
on Articles exported from any State.
No Preference shall be given
by any Regulation of Commerce or Revenue to the Ports of one
State over those of another; nor shall Vessels bound to, or from,
one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from
the Treasury, but in Consequence of Appropriations made by Law;
and a regular Statement and Account of the Receipts and Expenditures
of all public Money shall be published from time to time.
No Title of Nobility shall
be granted by the United States: And no Person holding any Office
of Profit or Trust under them, shall, without the Consent of
the Congress, accept of any present, Emolument, Office, or Title,
of any kind whatever, from any King, Prince, or foreign State.
Section. 10.
No State shall enter
into any Treaty, Alliance, or Confederation; grant Letters of
Marque and Reprisal; coin Money; emit Bills of Credit; make any
Thing but gold and silver Coin a Tender in Payment of Debts;
pass any Bill of Attainder, ex post facto Law, or Law impairing
the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the
Consent of the Congress, lay any Imposts or Duties on Imports
or Exports, except what may be absolutely necessary for executing
it's inspection Laws: and the net Produce of all Duties and Imposts,
laid by any State on Imports or Exports, shall be for the Use
of the Treasury of the United States; and all such Laws shall
be subject to the Revision and Controul of the Congress.
No State shall, without the
Consent of Congress, lay any Duty of Tonnage, keep Troops, or
Ships of War in time of Peace, enter into any Agreement or Compact
with another State, or with a foreign Power, or engage in War,
unless actually invaded, or in such imminent Danger as will not
admit of delay.
Article. II.
Section. 1.
The executive Power shall be vested in a President of the United
States of America. He shall hold his Office during the Term of
four Years, and, together with the Vice President, chosen for
the same Term, be elected, as follows:
Each State shall appoint, in
such Manner as the Legislature thereof may direct, a Number of
Electors, equal to the whole Number of Senators and Representatives
to which the State may be entitled in the Congress: but no Senator
or Representative, or Person holding an Office of Trust or Profit
under the United States, shall be appointed an Elector.
The Electors shall meet
in their respective States, and vote by Ballot for two Persons,
of whom one at least shall not be an Inhabitant of the same State
with themselves. And they shall make a List of all the Persons
voted for, and of the Number of Votes for each; which List they
shall sign and certify, and transmit sealed to the Seat of the
Government of the United States, directed to the President of
the Senate. The President of the Senate shall, in the Presence
of the Senate and House of Representatives, open all the Certificates,
and the Votes shall then be counted. The Person having the greatest
Number of Votes shall be the President, if such Number be a Majority
of the whole Number of Electors appointed; and if there be more
than one who have such Majority, and have an equal Number of
Votes, then the House of Representatives shall immediately chuse
by Ballot one of them for President; and if no Person have a
Majority, then from the five highest on the List the said House
shall in like Manner chuse the President. But in chusing the
President, the Votes shall be taken by States, the Representation
from each State having one Vote; A quorum for this purpose shall
consist of a Member or Members from two thirds of the States,
and a Majority of all the States shall be necessary to a Choice.
In every Case, after the Choice of the President, the Person
having the greatest Number of Votes of the Electors shall be
the Vice President. But if there should remain two or more who
have equal Votes, the Senate shall chuse from them by Ballot
the Vice President.
The Congress may determine
the Time of chusing the Electors, and the Day on which they shall
give their Votes; which Day shall be the same throughout the
United States.
No Person except a natural
born Citizen, or a Citizen of the United States, at the time
of the Adoption of this Constitution, shall be eligible to the
Office of President; neither shall any Person be eligible to
that Office who shall not have attained to the Age of thirty
five Years, and been fourteen Years a Resident within the United
States.
In Case of the Removal of
the President from Office, or of his Death, Resignation, or Inability
to discharge the Powers and Duties of the said Office, the Same
shall devolve on the Vice President, and the Congress may by
Law provide for the Case of Removal, Death, Resignation or Inability,
both of the President and Vice President, declaring what Officer
shall then act as President, and such Officer shall act accordingly,
until the Disability be removed, or a President shall be elected.
The President shall, at stated
Times, receive for his Services, a Compensation, which shall
neither be increased nor diminished during the Period for which
he shall have been elected, and he shall not receive within that
Period any other Emolument from the United States, or any of
them.
Before he enter on the Execution
of his Office, he shall take the following Oath or Affirmation:--"I
do solemnly swear (or affirm) that I will faithfully execute
the Office of President of the United States, and will to the
best of my Ability, preserve, protect and defend the Constitution
of the United States."
Section. 2.
The President shall
be Commander in Chief of the Army and Navy of the United States,
and of the Militia of the several States, when called into the
actual Service of the United States; he may require the Opinion,
in writing, of the principal Officer in each of the executive
Departments, upon any Subject relating to the Duties of their
respective Offices, and he shall have Power to grant Reprieves
and Pardons for Offences against the United States, except in
Cases of Impeachment.
He shall have Power, by and
with the Advice and Consent of the Senate, to make Treaties,
provided two thirds of the Senators present concur; and he shall
nominate, and by and with the Advice and Consent of the Senate,
shall appoint Ambassadors, other public Ministers and Consuls,
Judges of the supreme Court, and all other Officers of the United
States, whose Appointments are not herein otherwise provided
for, and which shall be established by Law: but the Congress
may by Law vest the Appointment of such inferior Officers, as
they think proper, in the President alone, in the Courts of Law,
or in the Heads of Departments.
The President shall have Power
to fill up all Vacancies that may happen during the Recess of
the Senate, by granting Commissions which shall expire at the
End of their next Session.
Section. 3.
He shall from time
to time give to the Congress Information of the State of the
Union, and recommend to their Consideration such Measures as
he shall judge necessary and expedient; he may, on extraordinary
Occasions, convene both Houses, or either of them, and in Case
of Disagreement between them, with Respect to the Time of Adjournment,
he may adjourn them to such Time as he shall think proper; he
shall receive Ambassadors and other public Ministers; he shall
take Care that the Laws be faithfully executed, and shall Commission
all the Officers of the United States.
Section. 4.
The President, Vice
President and all civil Officers of the United States, shall
be removed from Office on Impeachment for, and Conviction of,
Treason, Bribery, or other high Crimes and Misdemeanors.
Article III.
Section. 1.
The judicial Power of the United States shall be vested in one
supreme Court, and in such inferior Courts as the Congress may
from time to time ordain and establish. The Judges, both of the
supreme and inferior Courts, shall hold their Offices during
good Behaviour, and shall, at stated Times, receive for their
Services a Compensation, which shall not be diminished during
their Continuance in Office.
Section. 2.
The judicial Power
shall extend to all Cases, in Law and Equity, arising under this
Constitution, the Laws of the United States, and Treaties made,
or which shall be made, under their Authority;--to all Cases
affecting Ambassadors, other public Ministers and Consuls;--to
all Cases of admiralty and maritime Jurisdiction;--to Controversies
to which the United States shall be a Party;--to Controversies
between two or more States;-- between a State and Citizens
of another State;--between Citizens of different States;--between
Citizens of the same State claiming Lands under Grants of different
States, and between a State, or the Citizens thereof, and foreign
States, Citizens or Subjects.
In all Cases affecting Ambassadors,
other public Ministers and Consuls, and those in which a State
shall be Party, the supreme Court shall have original Jurisdiction.
In all the other Cases before mentioned, the supreme Court shall
have appellate Jurisdiction, both as to Law and Fact, with such
Exceptions, and under such Regulations as the Congress shall
make.
The Trial of all Crimes, except
in Cases of Impeachment, shall be by Jury; and such Trial shall
be held in the State where the said Crimes shall have been committed;
but when not committed within any State, the Trial shall be at
such Place or Places as the Congress may by Law have directed.
Section. 3.
Treason against the
United States, shall consist only in levying War against them,
or in adhering to their Enemies, giving them Aid and Comfort.
No Person shall be convicted of Treason unless on the Testimony
of two Witnesses to the same overt Act, or on Confession in open
Court.
The Congress shall have Power
to declare the Punishment of Treason, but no Attainder of Treason
shall work Corruption of Blood, or Forfeiture except during the
Life of the Person attainted.
Article. IV.
Section. 1.
Full Faith and Credit shall be given in each State to the public
Acts, Records, and judicial Proceedings of every other State.
And the Congress may by general Laws prescribe the Manner in
which such Acts, Records and Proceedings shall be proved, and
the Effect thereof.
Section. 2.
The Citizens of each
State shall be entitled to all Privileges and Immunities of Citizens
in the several States.
A Person charged in any State
with Treason, Felony, or other Crime, who shall flee from Justice,
and be found in another State, shall on Demand of the executive
Authority of the State from which he fled, be delivered up, to
be removed to the State having Jurisdiction of the Crime.
No Person held to Service or
Labour in one State, under the Laws thereof, escaping into another,
shall, in Consequence of any Law or Regulation therein, be discharged
from such Service or Labour, but shall be delivered up on Claim
of the Party to whom such Service or Labour may be due.
Section. 3.
New States may be admitted
by the Congress into this Union; but no new State shall be formed
or erected within the Jurisdiction of any other State; nor any
State be formed by the Junction of two or more States, or Parts
of States, without the Consent of the Legislatures of the States
concerned as well as of the Congress.
The Congress shall have Power
to dispose of and make all needful Rules and Regulations respecting
the Territory or other Property belonging to the United States;
and nothing in this Constitution shall be so construed as to
Prejudice any Claims of the United States, or of any particular
State.
Section. 4.
The United States shall
guarantee to every State in this Union a Republican Form of Government,
and shall protect each of them against Invasion; and on Application
of the Legislature, or of the Executive (when the Legislature
cannot be convened), against domestic Violence.
Article. V.
The Congress, whenever
two thirds of both Houses shall deem it necessary, shall propose
Amendments to this Constitution, or, on the Application of the
Legislatures of two thirds of the several States, shall call
a Convention for proposing Amendments, which, in either Case,
shall be valid to all Intents and Purposes, as Part of this Constitution,
when ratified by the Legislatures of three fourths of the several
States, or by Conventions in three fourths thereof, as the one
or the other Mode of Ratification may be proposed by the Congress;
Provided that no Amendment which may be made prior to the Year
One thousand eight hundred and eight shall in any Manner affect
the first and fourth Clauses in the Ninth Section of the first
Article; and that no State, without its Consent, shall be deprived
of its equal Suffrage in the Senate.
Article. VI.
All Debts contracted
and Engagements entered into, before the Adoption of this Constitution,
shall be as valid against the United States under this Constitution,
as under the Confederation.
This Constitution, and the
Laws of the United States which shall be made in Pursuance thereof;
and all Treaties made, or which shall be made, under the Authority
of the United States, shall be the supreme Law of the Land; and
the Judges in every State shall be bound thereby, any Thing in
the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives
before mentioned, and the Members of the several State Legislatures,
and all executive and judicial Officers, both of the United States
and of the several States, shall be bound by Oath or Affirmation,
to support this Constitution; but no religious Test shall ever
be required as a Qualification to any Office or public Trust
under the United States.
Article. VII.
The Ratification of
the Conventions of nine States, shall be sufficient for the Establishment
of this Constitution between the States so ratifying the Same.
The Word, "the," being interlined between the seventh
and eighth Lines of the first Page, the Word "Thirty"
being partly written on an Erazure in the fifteenth Line of the
first Page, The Words "is tried" being interlined between
the thirty second and thirty third Lines of the first Page and
the Word "the" being interlined between the forty third
and forty fourth Lines of the second Page.
Attest William Jackson Secretary
Done in Convention by the Unanimous
Consent of the States present the Seventeenth Day of September
in the Year of our Lord one thousand seven hundred and Eighty
seven and of the Independence of the United States of America
the Twelfth In witness whereof We have hereunto subscribed our
Names,
G. Washington
Presidt and deputy from Virginia
Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
Maryland
James McHenry
Dan of St Thos. Jenifer
Danl. Carroll
Virginia
John Blair
James Madison Jr.
North Carolina
Wm. Blount
Richd. Dobbs Spaight
Hu Williamson
South Carolina
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler
Georgia
William Few
Abr Baldwin
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
Connecticut
Wm. Saml. Johnson
Roger Sherman
New York
Alexander Hamilton
New Jersey
Wil: Livingston
David Brearley
Wm. Paterson
Jona: Dayton
Pennsylvania
B Franklin
Thomas Mifflin
Robt. Morris
Geo Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris
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