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Constitution of the United States of America
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.
Clause 1: The House of
Representatives shall be composed of Members chosen
every second Year by the People of the several States,
and the Electors in each State shall have the
Qualifications requisite for Electors of the most
numerous Branch of the State Legislature.
Clause 2: No Person
shall be a Representative who shall not have attained to
the Age of twenty five Years, and been seven Years a
Citizen of the United States, and who shall not, when
elected, be an Inhabitant of that State in which he
shall be chosen.
Clause 3:
Representatives and direct Taxes shall be apportioned
among the several States which may be included within
this Union, according to their respective Numbers, which
shall be determined by adding to the whole Number of
free Persons, including those bound to Service for a
Term of Years, and excluding Indians not taxed, three
fifths of all other Persons. (See Note 2) The actual
Enumeration shall be made within three Years after the
first Meeting of the Congress of the United States, and
within every subsequent Term of ten Years, in such
Manner as they shall by Law direct. The Number of
Representatives shall not exceed one for every thirty
Thousand, but each State shall have at Least one
Representative; and until such enumeration shall be
made, the State of New Hampshire shall be entitled to
choose three, Massachusetts eight, Rhode-Island and
Providence Plantations one, Connecticut five, New-York
six, New Jersey four, Pennsylvania eight, Delaware one,
Maryland six, Virginia ten, North Carolina five, South
Carolina five, and Georgia three.
Clause 4: When
vacancies happen in the Representation from any State,
the Executive Authority thereof shall issue Writs of
Election to fill such Vacancies.
Clause 5: The House of
Representatives shall choose their Speaker and other
Officers; and shall have the sole Power of Impeachment.
Section. 3.
Clause 1: The Senate of
the United States shall be composed of two Senators from
each State, chosen by the Legislature thereof, (See Note
3) for six Years; and each Senator shall have one Vote.
Clause 2: Immediately
after they shall be assembled in Consequence of the
first Election, they shall be divided as equally as may
be into three Classes. The Seats of the Senators of the
first Class shall be vacated at the Expiration of the
second Year, of the second Class at the Expiration of
the fourth Year, and of the third Class at the
Expiration of the sixth Year, so that one third may be
chosen every second Year; and if Vacancies happen by
Resignation, or otherwise, during the Recess of the
Legislature of any State, the Executive thereof may make
temporary Appointments until the next Meeting of the
Legislature, which shall then fill such Vacancies. (See
Note 4)
Clause 3: No Person
shall be a Senator who shall not have attained to the
Age of thirty Years, and been nine Years a Citizen of
the United States, and who shall not, when elected, be
an Inhabitant of that State for which he shall be
chosen.
Clause 4: The Vice
President of the United States shall be President of the
Senate, but shall have no Vote, unless they be equally
divided.
Clause 5: The Senate
shall choose their other Officers, and also a President
pro tempore, in the Absence of the Vice President, or
when he shall exercise the Office of President of the
United States.
Clause 6: The Senate
shall have the sole Power to try all Impeachments. When
sitting for that Purpose, they shall be on Oath or
Affirmation. When the President of the United States is
tried, the Chief Justice shall preside: And no Person
shall be convicted without the Concurrence of two thirds
of the Members present.
Clause 7: Judgment in
Cases of Impeachment shall not extend further than to
removal from Office, and disqualification to hold and
enjoy any Office of honor, Trust or Profit under the
United States: but the Party convicted shall
nevertheless be liable and subject to Indictment, Trial,
Judgment and Punishment, according to Law.
Section. 4.
Clause 1: The Times,
Places and Manner of holding Elections for Senators and
Representatives, shall be prescribed in each State by
the Legislature thereof; but the Congress may at any
time by Law make or alter such Regulations, except as to
the Places of choosing Senators.
Clause 2: The Congress
shall assemble at least once in every Year, and such
Meeting shall be on the first Monday in December, (See
Note 5) unless they shall by Law appoint a different
Day.
Section. 5.
Clause 1: Each House
shall be the Judge of the Elections, Returns and
Qualifications of its own Members, and a Majority of
each shall constitute a Quorum to do Business; but a
smaller Number may adjourn from day to day, and may be
authorized to compel the Attendance of absent Members,
in such Manner, and under such Penalties as each House
may provide.
Clause 2: Each House
may determine the Rules of its Proceedings, punish its
Members for disorderly Behavior, and, with the
Concurrence of two thirds, expel a Member.
Clause 3: Each House
shall keep a Journal of its Proceedings, and from time
to time publish the same, excepting such Parts as may in
their Judgment require Secrecy; and the Yeas and Nays of
the Members of either House on any question shall, at
the Desire of one fifth of those Present, be entered on
the Journal.
Clause 4: Neither
House, during the Session of Congress, shall, without
the Consent of the other, adjourn for more than three
days, nor to any other Place than that in which the two
Houses shall be sitting.
Section. 6.
Clause 1: The Senators
and Representatives shall receive a Compensation for
their Services, to be ascertained by Law, and paid out
of the Treasury of the United States. (See Note 6) They
shall in all Cases, except Treason, Felony and Breach of
the Peace, be privileged from Arrest during their
Attendance at the Session of their respective Houses,
and in going to and returning from the same; and for any
Speech or Debate in either House, they shall not be
questioned in any other Place.
Clause 2: No Senator or
Representative shall, during the Time for which he was
elected, be appointed to any civil Office under the
Authority of the United States, which shall have been
created, or the Emoluments whereof shall have been
increased during such time; and no Person holding any
Office under the United States, shall be a Member of
either House during his Continuance in Office.
Section. 7.
Clause 1: All Bills for
raising Revenue shall originate in the House of
Representatives; but the Senate may propose or concur
with Amendments as on other Bills.
Clause 2: Every Bill
which shall have passed the House of Representatives and
the Senate, shall, before it become a Law, be presented
to the President of the United States; If he approve he
shall sign it, but if not he shall return it, with his
Objections to that House in which it shall have
originated, who shall enter the Objections at large on
their Journal, and proceed to reconsider it. If after
such Reconsideration two thirds of that House shall
agree to pass the Bill, it shall be sent, together with
the Objections, to the other House, by which it shall
likewise be reconsidered, and if approved by two thirds
of that House, it shall become a Law. But in all such
Cases the Votes of both Houses shall be determined by
yeas and Nays, and the Names of the Persons voting for
and against the Bill shall be entered on the Journal of
each House respectively. If any Bill shall not be
returned by the President within ten Days (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.
Clause 3: Every Order,
Resolution, or Vote to which the Concurrence of the
Senate and House of Representatives may be necessary
(except on a question of Adjournment) shall be presented
to the President of the United States; and before the
Same shall take Effect, shall be approved by him, or
being disapproved by him, shall be 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. 8.
Clause 1: The Congress
shall have Power To lay and collect Taxes, Duties,
Imposts and Excises, to pay the Debts and provide for
the common Defense and general Welfare of the United
States; but all Duties, Imposts and Excises shall be
uniform throughout the United States;
Clause 2: To borrow
Money on the credit of the United States;
Clause 3: To regulate
Commerce with foreign Nations, and among the several
States, and with the Indian Tribes;
Clause 4: To establish
an uniform Rule of Naturalization, and uniform Laws on
the subject of Bankruptcies throughout the United
States;
Clause 5: To coin
Money, regulate the Value thereof, and of foreign Coin,
and fix the Standard of Weights and Measures;
Clause 6: To provide
for the Punishment of counterfeiting the Securities and
current Coin of the United States;
Clause 7: To establish
Post Offices and post Roads;
Clause 8: To promote
the Progress of Science and useful Arts, by securing for
limited Times to Authors and Inventors the exclusive
Right to their respective Writings and Discoveries;
Clause 9: To constitute
Tribunals inferior to the supreme Court;
Clause 10: To define
and punish Piracies and Felonies committed on the high
Seas, and Offences against the Law of Nations;
Clause 11: To declare
War, grant Letters of Marquee and Reprisal, and make
Rules concerning Captures on Land and Water;
Clause 12: To raise and
support Armies, but no Appropriation of Money to that
Use shall be for a longer Term than two Years;
Clause 13: To provide
and maintain a Navy;
Clause 14: To make
Rules for the Government and Regulation of the land and
naval Forces;
Clause 15: To provide
for calling forth the Militia to execute the Laws of the
Union, suppress Insurrections and repel Invasions;
Clause 16: To provide
for organizing, arming, and disciplining, the Militia,
and for governing such Part of them as may be employed
in the Service of the United States, reserving to the
States respectively, the Appointment of the Officers,
and the Authority of training the Militia according to
the discipline prescribed by Congress;
Clause 17: To exercise
exclusive Legislation in all Cases whatsoever, over such
District (not exceeding ten Miles square) as may, by
session 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
Clause 18: To make all
Laws which shall be necessary and proper for carrying
into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of
the United States, or in any Department or Officer
thereof.
Section. 9.
Clause 1: The Migration
or Importation of such Persons as any of the States now
existing shall think proper to admit, shall not be
prohibited by the Congress prior to the Year one
thousand eight hundred and eight, but a Tax or duty may
be imposed on such Importation, not exceeding ten
dollars for each Person.
Clause 2: The Privilege
of the Writ of Habeas Corpus shall not be suspended,
unless when in Cases of Rebellion or Invasion the public
Safety may require it.
Clause 3: No Bill of
Attainder or ex post facto Law shall be passed.
Clause 4: No
Capitation, or other direct, Tax shall be laid, unless
in Proportion to the Census or Enumeration herein before
directed to be taken. (See Note 7)
Clause 5: No Tax or
Duty shall be laid on Articles exported from any State.
Clause 6: No Preference
shall be given by any Regulation of Commerce or Revenue
to the Ports of one State over those of another: nor
shall Vessels bound to, or from, one State, be obliged
to enter, clear, or pay Duties in another.
Clause 7: No Money
shall be drawn from the Treasury, but in Consequence of
Appropriations made by Law; and a regular Statement and
Account of the Receipts and Expenditures of all public
Money shall be published from time to time.
Clause 8: No Title of
Nobility shall be granted by the United States: And no
Person holding any Office of Profit or Trust under them,
shall, without the Consent of the Congress, accept of
any present, Emolument, Office, or Title, of any kind
whatever, from any King, Prince, or foreign State.
Section. 10.
Clause 1: No State
shall enter into any Treaty, Alliance, or Confederation;
grant Letters of Marquee and Reprisal; coin Money; emit
Bills of Credit; make any Thing but gold and silver Coin
a Tender in Payment of Debts; pass any Bill of
Attainder, ex post facto Law, or Law impairing the
Obligation of Contracts, or grant any Title of Nobility.
Clause 2: No State
shall, without the Consent of the Congress, lay any
Imposts or Duties on Imports or Exports, except what may
be absolutely necessary for executing 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.
Clause 3: 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.
Clause 1: The executive
Power shall be vested in a President of the United
States of America. He shall hold his Office during the
Term of four Years, and, together with the Vice
President, chosen for the same Term, be elected, as
follows
Clause 2: Each State
shall appoint, in such Manner as the Legislature thereof
may direct, a Number of Electors, equal to the whole
Number of Senators and Representatives to which the
State may be entitled in the Congress: but no Senator or
Representative, or Person holding an Office of Trust or
Profit under the United States, shall be appointed an
Elector.
Clause 3: The Electors
shall meet in their respective States, and vote by
Ballot for two Persons, of whom one at least shall not
be an Inhabitant of the same State with themselves. And
they shall make a List of all the Persons voted for, and
of the Number of Votes for each; which List they shall
sign and certify, and transmit sealed to the Seat of the
Government of the United States, directed to the
President of the Senate. The President of the Senate
shall, in the Presence of the Senate and House of
Representatives, open all the Certificates, and the
Votes shall then be counted. The Person having the
greatest Number of Votes shall be the President, if such
Number be a Majority of the whole Number of Electors
appointed; and if there be more than one who have such
Majority, and have an equal Number of Votes, then the
House of Representatives shall immediately choose by
Ballot one of them for President; and if no Person have
a Majority, then from the five highest on the List the
said House shall in like Manner choose the President.
But in choosing the President, the Votes shall be taken
by States, the Representation from each State having one
Vote; A quorum for this Purpose shall consist of a
Member or Members from two thirds of the States, and a
Majority of all the States shall be necessary to a
Choice. In every Case, after the Choice of the
President, the Person having the greatest Number of
Votes of the Electors shall be the Vice President. But
if there should remain two or more who have equal Votes,
the Senate shall choose from them by Ballot the Vice
President. (See Note 8)
Clause 4: The Congress
may determine the Time of choosing the Electors, and the
Day on which they shall give their Votes; which Day
shall be the same throughout the United States.
Clause 5: No Person
except a natural born Citizen, or a Citizen of the
United States, at the time of the Adoption of this
Constitution, shall be eligible to the Office of
President; neither shall any Person be eligible to that
Office who shall not have attained to the Age of thirty
five Years, and been fourteen Years a Resident within
the United States.
Clause 6: In Case of
the Removal of the President from Office, or of his
Death, Resignation, or Inability to discharge the Powers
and Duties of the said Office, (See Note 9) the Same
shall devolve on the Vice President, and the Congress
may by Law provide for the Case of Removal, Death,
Resignation or Inability, both of the President and Vice
President, declaring what Officer shall then act as
President, and such Officer shall act accordingly, until
the Disability be removed, or a President shall be
elected.
Clause 7: The President
shall, at stated Times, receive for his Services, a
Compensation, which shall neither be increased nor
diminished during the Period for which he shall have
been elected, and he shall not receive within that
Period any other Emolument from the United States, or
any of them.
Clause 8: Before he
enter on the Execution of his Office, he shall take the
following Oath or Affirmation:--"I do solemnly swear (or
affirm) that I will faithfully execute the Office of
President of the United States, and will to the best of
my Ability, preserve, protect and defend the
Constitution of the United States."
Section. 2.
Clause 1: The President
shall be Commander in Chief of the Army and Navy of the
United States, and of the Militia of the several States,
when called into the actual Service of the United
States; he may require the Opinion, in writing, of the
principal Officer in each of the executive Departments,
upon any Subject relating to the Duties of their
respective Offices, and he shall have Power to grant
Reprieves and Pardons for Offences against the United
States, except in Cases of Impeachment.
Clause 2: He shall have
Power, by and with the Advice and Consent of the Senate,
to make Treaties, provided two thirds of the Senators
present concur; and he shall nominate, and by and with
the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges
of the supreme Court, and all other Officers of the
United States, whose Appointments are not herein
otherwise provided for, and which shall be established
by Law: but the Congress may by Law vest the Appointment
of such inferior Officers, as they think proper, in the
President alone, in the Courts of Law, or in the Heads
of Departments.
Clause 3: The President
shall have Power to fill up all Vacancies that may
happen during the Recess of the Senate, by granting
Commissions which shall expire at the End of their next
Session.
Section. 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 Behavior, and shall, at stated
Times, receive for their Services, a Compensation, which
shall not be diminished during their Continuance in
Office.
Section. 2.
Clause 1: The judicial
Power shall extend to all Cases, in Law and Equity,
arising under this Constitution, the Laws of the United
States, and Treaties made, or which shall be made, under
their Authority;--to all Cases affecting Ambassadors,
other public Ministers and Consuls;--to all Cases of
admiralty and maritime Jurisdiction;--to Controversies
to which the United States shall be a Party;--to
Controversies between two or more States;--between a
State and Citizens of another State; (See Note
10)--between Citizens of different States, --between
Citizens of the same State claiming Lands under Grants
of different States, and between a State, or the
Citizens thereof, and foreign States, Citizens or
Subjects.
Clause 2: In all Cases
affecting Ambassadors, other public Ministers and
Consuls, and those in which a State shall be Party, the
supreme Court shall have original Jurisdiction. In all
the other Cases before mentioned, the supreme Court
shall have appellate Jurisdiction, both as to Law and
Fact, with such Exceptions, and under such Regulations
as the Congress shall make.
Clause 3: The Trial of
all Crimes, except in Cases of Impeachment, shall be by
Jury; and such Trial shall be held in the State where
the said Crimes shall have been committed; but when not
committed within any State, the Trial shall be at such
Place or Places as the Congress may by Law have
directed.
Section. 3.
Clause 1: Treason
against the United States, shall consist only in levying
War against them, or in adhering to their Enemies,
giving them Aid and Comfort. No Person shall be
convicted of Treason unless on the Testimony of two
Witnesses to the same overt Act, or on Confession in
open Court.
Clause 2: 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.
Clause 1: The Citizens
of each State shall be entitled to all Privileges and
Immunities of Citizens in the several States.
Clause 2: A Person
charged 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.
Clause 3: No Person
held to Service or Labor in one State, under the Laws
thereof, escaping into another, shall, in Consequence of
any Law or Regulation therein, be discharged from such
Service or Labor, but shall be delivered up on Claim of
the Party to whom such Service or Labor may be due. (See
Note 11)
Section. 3.
Clause 1: New States
may be admitted by the Congress into this Union; but no
new State shall be formed or erected within the
Jurisdiction of any other State; nor any State be formed
by the Junction of two or more States, or Parts of
States, without the Consent of the Legislatures of the
States concerned as well as of the Congress.
Clause 2: The Congress
shall have Power to dispose of and make all needful
Rules and Regulations respecting the Territory or other
Property belonging to the United States; and nothing in
this Constitution shall be so construed as to Prejudice
any Claims of the United States, or of any particular
State.
Section. 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.
Clause 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.
Clause 2: This
Constitution, and the Laws of the United States which
shall be made in Pursuance thereof; and all Treaties
made, or which shall be made, under the Authority of the
United States, shall be the supreme Law of the Land; and
the Judges in every State shall be bound thereby, any
Thing in the Constitution or Laws of any State to the
Contrary notwithstanding.
Clause 3: The Senators
and Representatives before mentioned, and the Members of
the several State Legislatures, and all executive and
judicial Officers, both of the United States and of the
several States, shall be bound by Oath or Affirmation,
to support this Constitution; but no religious Test
shall ever be required as a Qualification to any Office
or public Trust under the United States.
Article. VII.
The Ratification of the
Conventions of nine States, shall be sufficient for the
Establishment of this Constitution between the States so
ratifying the Same.
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