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Note: Embedded in the text are footnotes. In order to make the original
document easily ditinguishable from annotations, the following is a useful
guide:
Text enclosed in braces {} is text of the original Constitution
which was modified by one or more Amendments.
Text which is enclosed by brackets [] is commentary on the
Constitution, consisting of summaries of each section
and citations of Amendments in which portions of the
original document was modified. All text not set apart
by brackets is contained in the original.
THE 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 Tranquility, 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.
[Legislative powers; in whom vested:]
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.
[House of Representatives, how and by whom chosen. Qualifications
of a Representative. Representatives and direct taxes, how
apportioned. Enumeration. Vacancies to be filled. Power of
choosing officers, and of impeachment.]
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.} [See
Amendment XIV, section 2.] The actual Enumeration shall be made within
three Years after the first Meeting of 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.
[Senators, how and by whom chosen. How classified. Qualifications
of a Senator. President of the Senate, his right to vote. President
pro tempore, and other officers of the Senate, how chosen. Power to
try impeachments. When President is tried, Chief Justice to preside.
Sentence.]
Section 3. The Senate of the United States shall be composed of two Senators
from each State, {chosen by the Legislature thereof} [See Amendment XVII,
section 1], 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.} [See
Amendment XVII, section 2.]
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.
[Times, etc., of holding elections, how prescribed. One session
each year.]
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 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} [See Amendment XX,
section 2], unless they shall by Law appoint a different Day.
[Membership, quorum, adjournments, rules. Power to punish or
expel. Journal. Time of adjournments, how limited, etc.]
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.
[Compensation, privileges, disqualifications in certain cases.]
Section 6. The Senators and Representatives shall receive a compensation
for their Services, to be ascertained, 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.
[House to originate all revenue bills. Veto. Bill may be
passed by two thirds of each House, notwithstanding, etc.
Bill, not returned in ten days, to become a law. Provisions
as to orders, concurrent resolutions, etc.]
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 comes a Law, be presented to the President
of the United States; if he approves 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 the 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 the House of Representatives, according to the Rules and Limiation
prescribed in the Case of a Bill.
[Powers of Congress.]
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 a 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 common 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
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 and 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
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.
[Provision as to migration or importation of certain persons.
Habeas corpus, bills of attainder, etc. Taxes, how apportioned.
No export duty. No commercial preference. Money, how drawn from
Treasury, etc. No titular nobility. Officers not to receive
presents, etc.]
The migration or importations 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.
[States prohibited from the exercise of certain powers.]
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 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 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.
[President: his term of office. Electors of President; number
and how appointed. Electors to vote on same day. Qualification
of President. On whom his duties devolve in case of his removal,
death, etc. President's compensation. His oath of office.]
Section 1. The executive Power shall be invested 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 Numbers 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 the 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 the 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 a 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.} [See Amendment XII.]
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 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 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."
[President to be Commander-in-Chief. He may require opinions
of cabinet officers, etc., may pardon. Treaty-making power.
Nomination of certain officers. When President may fill vacancies.]
Section 2. The President shall be the Commander in Chief of the Army and
Navy of the United States, and 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 Advise 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 Advise 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 the next Session.
[President shall communicate to Congress. He may convene and
adjourn Congress, in case of disagreement, etc. Shall receive
ambassadors, execute laws, and commission officers.]
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 the Case of Disagreement
between them, with Respect to the Time of Adjournment, he may adjourn 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.
[All civil offices forfeited for certain crimes.]
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.
[Judicial powers, Tenure. Compensation.]
Section 1. The judicial Power of the United States, shall be invested
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, as shall,
at stated Times, receive for their Services, a Compensation, which shall
not be diminished during their Continuance in Office.
[Judicial power; to what cases it extends. Original
Jurisdiction of Supreme Court; appellate jurisdiction. Trial
by jury, etc. Trial, where.]
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 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 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.
[Treason Defined, Proof of, Punishment of.]
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 attained.
ARTICLE IV.
[Each State to give credit to the public acts, etc., of every
other State.]
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.
[Privileges of citizens of each State. Fugitives from justice
to be delivered up. Persons held to service having escaped,
to be delivered up.]
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 with 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.} [See Amendment XIII.]
[Admission of new States. Power of Congress over territory
and other property.]
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.
[Republican form of government guaranteed. Each state to be
protected.]
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.
[Constitution: how amended; proviso.]
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
of the three fourths thereof, as the one or the other Mode of Ratification
may be proposed by the Congress; Provided that no Amendment which shall 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 VI.
[Certain debts declared valid. Supremacy of Constitution,
treaties and laws of the United States. Oath to support
Constitution, by whom taken. No religious test.]
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.
[What ratification shall establish Constitution.]
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 America the Twelfth
In witness whereof We have hereunto subscribed our Names,
G. Washington -- Presidt
and deputy from Virginia
New Hampshire: John Langdon Delaware: Geo. Read
Nicholas Gilman Gunning Bedford jun.
John Dickinson
Nassachusetts: Nathaniel Gorham Richard Bassett
Rufus King Jaco. Broom
Connecticut: Wm Saml Johnson Maryland: James McHenry
Roger Sherman Dan of St Thos Jenifer
Danl Carroll
New York: Alexander Hamilton
Virginia: John Blair
New Jersey: Wil. Livingston James Madison Jr.
David A. Brearley
Wm Paterson North Carolina: Wm Blount
Jona. Dayton Richd Dobbs Spaight
Hu Williamson
Pennsylvania: B Franklin
Thomas Mifflin South Carolina: J. Rutledge
Robt Morris Charles Cotesworth
Geo. Clymer Pinckney
Thos FitzSimons Charles Pinckney
Jared Ingersoll Pierce Butler
James Wilson
Gouv Morris Georgia: William Few
Abr Baldwin
AMENDMENTS TO THE CONSTITUTION
Articles in addition to, and Amendment of the Constitution of the
United States of America, proposed by Congress, and ratified by the
Legislatures of the several States, pursuant to the fifth Article of the
original Constitution.
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 home
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 offense to be twice put in jeopardy of
life or limb; nor shall be compelled in any criminal case to be a 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
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 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 common law.
ARTICLE VIII.
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
ARTICLE IX.
The enumeration of 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.
[The first ten amendments went into effect on 15 December 1791.]
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. [8 January 1798.]
ARTICLE XII.
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 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 vote 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 a 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.
-- 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. But no person constitutionally ineligible to
the office of President shall be eligible to that of Vice-President of
the United States. [25 September 1804.]
ARTICLE XIII.
Section 1. 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 2. Congress shall have the power to enforce this article by
appropriate legislation. [18 December 1865.]
ARTICLE XIV.
Section 1. 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 2. 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 and
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 a 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 3. 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 4. 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 to 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 5. The Congress shall have power to enforce, by appropriate
legislation, the provisions of this article. [28 July 1868.]
ARTICLE XV.
Section 1. 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 2. The Congress shall have power to enforce this article by
appropriate legislation. ---- [30 March 1870.]
ARTICLE XVI.
The Congress shall have power to lay and collect taxes on
incomes, from whatever source derived, without apportionment among the
several States, and without regard to any census or enumeration.
[25 February 1913.]
ARTICLE XVII.
The Senate of the United States shall be composed of two
senators from each State, elected by the people thereof, for six years
and each Senator shall have one vote. The electors in each State
shall have the qualifications requisite for electors of the most
numerous branch of the State legislature.
When vacancies happen in the representation of any State in
the Senate, the executive authority of such State shall issue writs
of election to fill such vacancies: *Provided*, That the legislature
of any State may empower the executive thereof to make temporary
appointments until the people fill the vacancies by election as the
legislature may direct.
This amendment shall not be construed as to affect the election
or term of any senator chosen before it becomes a valid part of the
Constitution. [31 May 1913.]
ARTICLE XVIII.
After one year from the ratification of this article, the
manufacture, sale, or transportation of intoxicating liquors within,
the importation thereof into, or the exportation thereof from the
United States and all territory subject to the jurisdiction thereof
for beverage purposes is hereby prohibited.
The Congress and the several States shall have concurrent
power to enforce this article by appropriate legislation.
This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the legislatures of
the several States, as provided in the Constitution, within seven years
from the date of the submission thereof to the States by Congress.
[29 January 1919.]
ARTICLE XIX.
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 sex.
The Congress shall have power by appropriate legislation to enforce
the provisions of this article. [26 August 1920.]
ARTICLE XX.
Section 1. The terms of the President and Vice-President shall end at
noon on the twentieth day of January, and the terms of Senators and
Representatives at noon on the third day of January, of the years in
which such terms would have ended if this article had not been ratified;
and the terms of their successors shall then begin.
Section 2. The Congress shall assemble at least once every year, and
such meeting shall begin at noon on the third day of January, unless
they shall appoint a different day.
Section 3. If, at the time fixed for the beginning of the term of the
President, the President-elect shall have died, the Vice-President-
elect shall become President. If a President shall not have been
chosen before the time fixed for the beginning of his term, or if the
President-elect shall have failed to qualify, then the Vice-President-
elect shall act as President until a President shall have qualified;
and the Congress may by law provide for the case wherein neither a
President-elect nor a Vice-President-elect shall have qualified,
declaring who shall then act as President, or the manner in which one
who is to act shall be selected, and such person shall act accordingly
until a President or Vice-President shall have qualified.
Section 4. The Congress may by law provide for the case of the death
of any persons from whom the House of Representatives may choose a
President whenever the right of choice shall have devolved upon them,
and for the case of the death of any of the persons from whom the
Senate may choose a Vice-President whenever the right of choice shall
have devolved upon them.
Section 5. Sections 1 and 2 shall take effect on the 15th day of
October following the ratification of this article.
Section 6. This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the legislatures of
three-fourths of the several States within seven years from the date of
its submission. [6 February 1933.]
ARTICLE XXI.
Section 1. The eighteenth article of amendment to the Constitution of
the United States is hereby repealed.
Section 2. The transportation or importation into any State, Territory
or possession of the United States for delivery or use therein of
intoxicating liquors, in violation of the laws thereof, is hereby
prohibited.
Section 3. This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by convention in the
everal States, as provided in the Constitution, within seven years
from the date of the submission thereof to the States by the Congress.
[5 December 1933.]
ARTICLE XXII.
Section 1. No person shall be elected to the office of the President
more than twice, and no person who has held the office of President, or
acted as President, for more than two years of a term to which some
other person was elected President shall be elected to the office of
the President more than once. But this article shall not apply to any
person holding the office of President when this Article was proposed
by the Congress, and shall not prevent any person who may be holding
the office of President, or acting as President, during the term within
which this Article becomes operative from holding the office of President
or acting as President during the remainder of such term.
Section 2. This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the legislatures of
three-fourths of the several States within seven years from the date
of its submission to the States by the Congress. [27 February 1951.]
ARTICLE XXIII.
Section 1. The District constituting the seat of government of the
United States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice-President equal to
the whole number of Senators and Representatives in Congress to which
the District would be entitled if it were a State, but in no event more
than the least populous State; they shall in be addition to those
appointed by the States, but they shall be considered, for the purposes
of the election of President and Vice-President, to be electors appointed
by a State; and they shall meet in the District and perform such duties as
provided by the twelfth article of amendment.
Section 2. The Congress shall have the power to enforce this article by
appropriate legislation. [29 March 1961.]
ARTICLE XXIV.
Section 1. The right of citizens of the United States to vote in any
primary or other election for President or Vice President, for electors
for President or Vice President, or for Senator or Representative in
Congress, shall not be denied or abridged by the United States or by any
State by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by
appropriate legislation. [23 January 1964.]
ARTICLE XXV.
Section 1. In case of the removal of the President from office or of his
death or resignation, the Vice President shall become President.
Section 2. Whenever there is a vacancy in the office of Vice President,
the President shall nominate a Vice President who shall take office upon
confirmation by a majority vote of both Houses of Congress.
Section 3. Whenever the President transmits to the President pro tempore
of the Senate and the Speaker of the House of Representatives his written
declaration that he is unable to discharge the powers and duties of his
office, and until he transmits to them a written declaration to the contrary,
such powers and duties shall be discharged by the Vice President as Acting
President.
Section 4. Whenever the Vice President and a majority of either the
principal officers of the executive departments or of such other body as
Congress may by law provide, transmit to the President pro tempore of the
Senate and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and
duties of his office, the Vice President shall immediately assume the
powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro
tempore of the Senate and the Speaker of the House of Representatives
his written declaration that no inability exists, he shall resume the
powers and duties of his office unless the Vice President and a majority
of either the principal officers of the executive departments or of such
other body as Congress may by law provide, transmit within four days to
the President pro tempore of the Senate and the Speaker of the House of
Representatives their written declaration that the President is unable to
discharge the powers and duties of his office. Thereupon Congress shall
decide the issue, assembling within forty-eight hours for that purpose
if not in session. If the Congress, within twenty-one days after receipt
of the latter written declaration, or, if Congress is not in session,
within twenty-one days after Congress is required to assemble, determines
by two-thirds vote of both Houses that the President is unable to
discharge the powers and duties of his office, the Vice President shall
continue to discharge the same as Acting President; otherwise, the President
shall resume the powers and duties of his office. [10 February 1967.]
ARTICLE XXVI.
Section 1. The right of citizens of the United States, who are 18 years
of age or older, to vote shall not be denied or abridged by the United
States or by any State on account of age.
Section 2. The Congress shall have the power to enforce this article by
appropriate legislation. [circa 1970/1971.]
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