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.
Section
1. Legislative powers; in whom vested
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. 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.
1. The House of
Representatives shall be composed of members chosen
every second year by the people of the several States,
and the elector in each State shall have the qualifications
requisite for electors of the most numerous branch of
the State Legislature.
2. No person shall
be a Representative who shall not have attained the
age of twenty-five years, and been seven years a citizen
of the United States, and who shall not, when elected,
be an inhabitant of that State in which he shall be
chosen.
3. Representatives
[and direct taxes] {Altered by 16th Amendment} 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 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.] {Altered by 14th
Amendment} The actual enumeration shall be made within
three years after the first meeting of the Congress
of the United States, and within every subsequent term
of ten years, in such manner as they shall by law direct.
The number of Representatives shall not exceed one for
every thirty thousand, but each State shall have at
least one Representative; and until such enumeration
shall be made, the State of New Hampshire shall be entitled
to choose three, Massachusetts eight, Rhode Island and
Providence Plantations one, Connecticut five, New York
six, New Jersey four, Pennsylvania eight, Delaware one,
Maryland six, Virginia ten, North Carolina five, South
Carolina five, and Georgia three.
4. When vacancies
happen in the representation from any State, the Executive
Authority thereof shall issue writs of election to fill
such vacancies.
5. The House of
Representatives shall choose their Speaker and other
officers; and shall have the sole power of impeachment.
Section
3. Senators, how and by whom chosen. How classified.
State Executive, when to make temporary appointments,
in case, etc. Qualifications of a Senator. President
of the Senate, his right to vote. President pro tem.,
and other officers of the Senate, how chosen. Power
to try impeachments. When President is tried, Chief
Justice to preside. Sentence.
1. The Senate of
the United States shall be composed of two Senators
from each State, [chosen by the Legislature thereof,]
{Altered by 17th Amendment} for six years; and each
Senator shall have one vote.
2. Immediately after
they shall be assembled in consequence of the first
election, they shall be divided as equally as may be
into three classes. The seats of the Senators of the
first class shall be vacated at the expiration of the
second year, of the second class at the expiration of
the fourth year, and of the third class at the expiration
of the sixth year, so that one-third may be chosen every
second year; [and if vacancies happen by resignation,
or otherwise, during the recess of the Legislature of
any State, the Executive thereof may make temporary
appointments until the next meeting of the Legislature,
which shall then fill such vacancies.] {Altered by 17th
Amendment}
3. No person shall
be a Senator who shall not have attained to the age
of thirty years, and been nine years a citizen of the
United States, and who shall not, when elected, be an
inhabitant of that State for which he shall be chosen.
4. The Vice-President
of the United States shall be President of the Senate,
but shall have no vote, unless they be equally divided.
5. The Senate shall
choose their other officers, and also a President pro
tempore, in the absence of the Vice President, or when
he shall exercise the office of the President of the
United States.
6. The Senate shall
have the sole power to try all impeachments. When sitting
for that purpose, they shall be on oath or affirmation.
When the President of the United States is tried, the
Chief Justice shall preside: and no person shall be
convicted without the concurrence of two-thirds of the
members present.
7. Judgement 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, judgement
and punishment, according to law.
Section
4. Times, etc., of holding elections, how prescribed.
One session in each year.
1. The times, places
and manner of holding elections for Senators and Representatives,
shall be prescribed in each State by the Legislature
thereof; but the Congress may at any time by law make
or alter such regulations, except as to the places of
choosing Senators.
2. The Congress
shall assemble at least once in every year, and such
meeting shall be [on the first Monday in December,]
{Altered by 20th Amendment} unless they by law appoint
a different day.
Section
5. Membership, Quorum, Adjournments, Rules,
Power to punish or expel. Journal. Time of adjournments,
how limited, etc.
1. Each House shall
be the judge of the elections, returns and qualifications
of its own members, and a majority of each shall constitute
a quorum to do business; but a smaller number may adjourn
from day to day, and may be authorized to compel the
attendance of absent members, in such manner, and under
such penalties as each House may provide.
2. Each House may
determine the rules of its proceedings, punish its members
for disorderly behavior, and, with the concurrence of
two-thirds, expel a member.
3. Each House shall
keep a journal of its proceedings, and from time to
time publish the same, excepting such parts as may in
their judgement require secrecy; and the yeas and nays
of the members of either House on any question shall,
at the desire of one-fifth of those present, be entered
on the journal.
4. Neither House,
during the session of Congress, shall, without the consent
of the other, adjourn for more than three days, nor
to any other place than that in which the two Houses
shall be sitting.
Section
6. Compensation, Privileges, Disqualification
in certain cases.
1. The Senators
and Representatives shall receive a compensation for
their services, to be ascertained by law, and paid out
of the Treasury of the United States. They shall in
all cases, except treason, felony and breach of the
peace, be privileged from arrest during their attendance
at the session of their respective Houses, and in going
to and returning from the same; and for any speech or
debate in either House, they shall not be questioned
in any other place.
2. No Senator or
Representative shall, during the time for which he was
elected, be appointed to any civil office under the
authority of the United States, which shall have 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. 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.
1. All bills for
raising revenue shall originate in the House of Representatives;
but the Senate may propose or concur with amendments
as on other bills.
2. Every bill which
shall have passed the House of Representatives and the
Senate, shall, before it become a law, be presented
to the president of the United States; if he approve,
he shall sign it, but if not, he shall return it, with
his objections, to that house in which it shall have
originated, who shall enter the objections at large
on their journal, and proceed to reconsider it. If after
such reconsideration, two thirds of that house shall
agree to pass the bill, it shall be sent, together with
the objections, to the other house, by which it shall
likewise be reconsidered, and if approved by two-thirds
of that house, it shall become a law. But in all such
cases the votes of both houses shall be determined by
yeas and nays, and the names of the persons voting for
and against the bill shall be entered on the journal
of each house respectively. If any bill shall not be
returned by the president within ten days (Sundays excepted)
after it shall have been presented to him, the same
shall be a law, in like manner as if he had signed it,
unless the Congress by their adjournment prevent its
return, in which case it shall not be a law.
3. Every order,
resolution, or vote to which the concurrence of the
Senate and House of Representatives may be necessary
(except on a question of adjournment) shall be presented
to the president of the United States; and before the
same shall take effect, shall be approved by him, or,
being disapproved by him, shall be re-passed by two-thirds
of the Senate and House of Representatives, according
to the rules and limitations prescribed in the case
of a bill.
Section
8. Powers of Congress
The Congress shall have the power
1. to lay and collect taxes, duties,
imposts and excises, to pay the debts and provide
for the common defence and general welfare of the
United States; but all duties, imposts and excises
shall be uniform throughout the United States:
2. To borrow money
on the credit of the United States:
3. To regulate commerce
with foreign nations, and among the several states,
and with the Indian tribes:
4. To establish an
uniform rule of naturalization, and uniform laws on
the subject of bankruptcies throughout the United
States:
5. To coin money,
regulate the value thereof, and of foreign coin, and
fix the standard of weights and measures:
6. To provide for
the punishment of counterfeiting the securities and
current coin of the United States:
7. To establish post-offices
and post-roads:
8. To promote the
progress of science and useful arts, by securing for
limited times to authors and inventors the exclusive
right to their respective writings and discoveries:
9. To constitute tribunals
inferior to the supreme court:
10. To define and
punish piracies and felonies committed on the high
seas, and offences against the law of nations:
11. To declare war,
grant letters of marque and reprisal, and make rules
concerning captures on land and water:
12. To raise and support
armies, but no appropriation of money to that use
shall be for a longer term than two years:
13. To provide and
maintain a navy:
14. To make rules
for the government and regulation of the land and
naval forces:
15. To provide for
calling forth the militia to execute the laws of the
union, suppress insurrections and repel invasions:
16. To provide for
organizing, arming and disciplining the militia, and
for governing such 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:
17. To exercise exclusive
legislation in all cases whatsoever, over such district
(not exceeding ten miles square) as may, by cession
of particular states, and the acceptance of Congress,
become the seat of 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, 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. 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.
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 1808,
but a tax or duty may be imposed on such importations,
not exceeding 10 dollars for each person.
2. The privilege of
the writ of habeas corpus shall not be suspended,
unless when in cases of rebellion or invasion the
public safety may require it.
3. No bill of attainder
or ex post facto law shall be passed.
4. [No capitation,
or other direct tax shall be laid unless in proportion
to the census or enumeration herein before directed
to be taken.] {Altered by 16th Amendment}
5. No tax or duty
shall be laid on articles exported from any state.
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.
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.
8. No title of nobility
shall be granted by the United States: And no person
holding any office or 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. States prohibited from the exercise of
certain powers.
1. No state shall
enter into any treaty, alliance, or confederation;
grant letters of marque and reprisal; coin money;
emit bills of credit; make any thing but gold and
silver coin a tender in payment of debts; pass any
bill of attainder, ex post facto law, or law impairing
the obligation of contracts, or grant any title of
nobility.
2. No state shall,
without the consent of 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 control of the Congress.
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 a war, unless
actually invaded, or in such imminent danger as will
not admit of delay.
Section
1. 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.
1. The Executive
power shall be vested in a President of the United
States of America. He shall hold office during the
term of four years, and together with the Vice President,
chosen for the same term, be elected as follows
2. [Each State] {Altered
by 23rd Amendment} shall appoint, in such manner as
the Legislature 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
each; which list they shall sign and certify, and
transmit sealed to the seat of 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.]
{Altered by 12th Amendment}
3. 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.
4. 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.
5. [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.]
{Altered by 25th Amendment}
6. 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.
7. 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 the 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. 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.
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 offenses against
against the United States, except in cases of impeachment.
2. He shall have power,
by and with the advice and consent of the Senate,
to make treaties, provided two-thirds of the Senators
present concur; and he shall nominate, and by and
with the advice and consent of the Senate, shall appoint
ambassadors, other public ministers and consuls, judges
of the Supreme Court, and all other officers of the
United States, whose appointments are not herein otherwise
provided for, and which shall be established by law:
but the Congress may by law vest the appointment of
such inferior officers, as they think proper, in the
President alone, in the courts of law, or in the heads
of departments.
3. The President shall
have the power to fill up all vacancies that may may
happen during the recess of the Senate, by granting
commissions, which shall expire at the end of their
next session.
Section
3. President shall communicate to Congress.
He may convene and adjourn Congress, in case of disagreement,
etc. Shall receive ambassadors, execute laws, and
commission officers.
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 may 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. All civil offices forfeited for certain
crimes.
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.
Section
1. Judicial powers. Tenure. Compensation.
The judicial power
of the United States, shall be vested in one supreme
court, and in such inferior courts as the Congress
may, from time to time, ordain and establish. The
judges, both of the supreme and inferior courts, shall
hold their offices during good behaviour, and shall,
at stated times, receive for their services a compensation,
which shall not be diminished during their continuance
in office.
Section
2. Judicial power; to what cases it extends.
Original jurisdiction of Supreme Court Appellate.
Trial by Jury, etc. Trial, where
1. The judicial power
shall extend to all cases, in law and equity, arising
under this constitution, the laws of the United States,
and treaties made, or which shall be made under their
authority; to all cases affecting ambassadors, other
public ministers and consuls; to all cases of admiralty
and maritime jurisdiction; to controversies to which
the United States shall be a party; [to controversies
between two or more states, between a state and citizens
of another state, between citizens of different states,
between citizens of the same state, claiming lands
under grants of different states, and between a state,
or the citizens thereof, and foreign states, citizens
or subjects.] {Altered by 11th Amendment}
2. In all cases affecting
ambassadors, other public ministers and consuls, and
those in which a state shall be a party, the supreme
court shall have original jurisdiction. In all the
other cases before-mentioned, the supreme court shall
have appellate jurisdiction, both as to law and fact,
with such exceptions, and under such regulations as
the Congress shall make.
3. The trial of all
crimes, except in cases of impeachment, shall be by
jury; and such trial shall be held in the state where
the said crimes shall have been committed; but when
not committed within any state, the trial shall be
at such place or places as the Congress may by law
have directed.
Section
3. Treason defined. Proof of. Punishment
1. Treason against
the United States shall consist only in levying war
against them, or in adhering to their enemies, giving
them aid and comfort. No person shall be convicted
of treason unless on the testimony of two witnesses
to the same overt act, or on confession in open court.
2. 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.
Section
1. Each State to give credit to the public
acts, etc. of every other State.
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. Privileges of citizens of each State. Fugitives
from Justice to be delivered up. Persons held to service
having escaped, to be delivered up.
1. The citizens of
each state shall be entitled to all privileges and
immunities of citizens in the several states. {See
the 14th Amendment}
2. A person charged
in any state with treason, felony, or other crime,
who shall flee justice, and be found in another state,
shall, on demand of the executive authority of the
state from which he fled, be delivered up, to be removed
to the state having jurisdiction of the crime.
3. [No person held
to service or 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.] {Altered by 13th Amendment}
Section
3. Admission of new States. Power of Congress
over territory and other property.
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, without the consent
of the legislatures of the states concerned, as well
as of the Congress.
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. Republican form of government guaranteed.
Each State to be protected.
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.
Amendments
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 1808, 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.
1. All debts contracted
and engagements entered into, before the adoption
of this constitution, shall be as valid against the
United States under this constitution, as under the
confederation.
2. This constitution,
and the laws of the United States which shall be made
in pursuance thereof; and all treaties made, or which
shall be made, under the authority of the United States
shall be the supreme law of the land; and the judges
in every state shall be bound thereby, any thing in
the constitution or laws of any state to the contrary
notwithstanding.
3. The senators and
representatives before-mentioned, and the members
of the several state legislatures, and all executive
and judicial officers, both of the United States and
of the several states, shall be bound by oath or affirmation,
to support this constitution; but no religious test
shall ever be required as a qualification to any office
or public trust under the United States.
The ratification of the conventions
of nine states, shall be sufficient for the establishment
of this constitution between the states so ratifying
the same.