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_____________
THE CONSTITUTION OF THE UNITED
STATES OF AMERICA, 1787
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
1
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 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.
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 choosing Senators.
The
Congress shall assemble at least once in every Year, and such Meeting shall be
on the first Monday in December, unless they 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 Behavior, and, with the Concurrence of two-thirds, expel a Member.
Each
house shall keep a Journal of its Proceedings, and from time to time publish
the same, excepting such Parts as may in their Judgment require Secrecy; and
the Yeas and Nays of the Members of either House on any question shall, at the
Desire of one fifth of those Present, be entered on the Journal.
Neither
House, during the Session of Congress, shall, without the Consent of the other,
adjourn for more than three days, nor to any other Place than that in which the
two Houses shall be sitting.
Section
6. 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 increased during
such time; and no Person holding any Office under the United States, shall be a
Member of either House during his Continuance in Office.
Section
7. 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 Defense and general Welfare of the United States; but all
Duties, Imposts and Excises shall be uniform throughout the United States;
To
borrow Money on the credit of the United States;
To
regulate Commerce with foreign Nations, and among the several States, and with
the Indian Tribes;
To
establish an uniform Rule of Naturalization, and uniform Laws on the subject of
Bankruptcies throughout the United States;
To
coin Money, regulate the Value thereof, and of foreign Coin, and fix the
Standard of Weights and Measures;
To
provide for the Punishment of counterfeiting the Securities and current Coin of
the United States;
To
establish Post Offices and Post Roads;
To
promote the Progress of Science and useful Arts, by securing for limited Times
to Authors and Inventors the exclusive Right to their respective Writings and
Discoveries;
To
constitute Tribunals inferior to the supreme Court;
To
define and punish Piracies and Felonies committed on the high Seas, and
Offenses 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, Dockyards, 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 Control of the
Congress.
No
State shall, without the Consent of Congress, lay any Duty of Tonnage, keep
Troops, or Ships of War in time of Peace, enter into any Agreement or Compact
with another State, or with a foreign Power, or engage in War, unless actually
invaded, or in such imminent Danger as will not admit of delay.
ARTICLE
2
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 lie 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 encreased 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
Offenses against the United States, except in Cases of impeachment.
He
shall have Power, by and with the Advice and Consent of the Senate, to make
Treaties, provided two thirds of the Senators present concur; and he shall
nominate, and by and with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and
all other Officers of the United States, whose Appointments are not herein
otherwise provided for, and which shall be established by Law: but the Congress
may by Law vest the Appointment of such inferior Officers, as they think
proper, in the President alone, in the Courts of Law, or in the Heads of
Departments.
The
President shall have 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
THREE
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 behavior, 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
FOUR
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 Labor in one State, under the Laws thereof, escaping
into another, shall, in Consequence of any Law or Regulation therein, be
discharged from such Service or Labor, But shall be delivered up on Claim of
the Party to whom such Service or Labor may be due.
Section
3. New States may be admitted by the
Congress into this Union; but no new States 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
FIVE
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 it's equal Suffrage in the Senate.
ARTICLE
SIX
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
SEVEN
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. In Witness whereof We have hereunto
subscribed our Names,
Go.
WASHINGTON--
Presid.
and deputy from Virginia
New
Hampshire John Langdon Nicholas Gilman
Massachusetts Nathaniel Gorham Rufus King
Connecticut Wm. Saml. Johnson Roger herman
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
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 Rich'd Dobbs Spaight Hu Williamson
South
Carolina J. Rutledge Charles Cotesworth Pinckney Charles Pinckney Pierce Butler
Georgia William Few
Abr Baldwin
Attest:
William
Jackson, Secretary