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.
Section. 1.
All legislative Powers herein granted shall be
vested in a Congress of the United States, which shall consist of a
Senate and House of Representatives.
Section. 2.
The House of Representatives shall be composed of
Members chosen every second Year by the People of the several States,
and the Electors in each State shall have the Qualifications requisite
for Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall not
have attained to the Age of twenty five Years, and been seven Years a
Citizen of the United States, and who shall not, when elected, be an
Inhabitant of that State in which he shall be chosen.
When vacancies happen in the Representation from
any State, the Executive Authority thereof shall issue Writs of Election
to fill such Vacancies.
The House of Representatives shall chuse their
Speaker and other Officers; and shall have the sole Power of
Impeachment.
Section. 3.The Senate of the United States shall be composed
of two Senators from each State, chosen
by the Legislature thereof for six Years; and each Senator shall
have one Vote.
No Person shall be a Senator who shall not have
attained to the Age of thirty Years, and been nine Years a Citizen of
the United States, and who shall not, when elected, be an Inhabitant of
that State for which he shall be chosen.
The Vice President of the United States shall be
President of the Senate, but shall have no Vote, unless they be equally
divided.
The Senate shall chuse their other Officers, and
also a President pro tempore, in the Absence of the Vice President, or
when he shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all
Impeachments. When sitting for that Purpose, they shall be on Oath or
Affirmation. When the President of the United States is tried, the Chief
Justice shall preside: And no Person shall be convicted without the
Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend
further than to removal from Office, and disqualification to hold and
enjoy any Office of honor, Trust or Profit under the United States: but
the Party convicted shall nevertheless be liable and subject to
Indictment, Trial, Judgment and Punishment, according to Law.
Section. 4.
The Times, Places and Manner of holding Elections
for Senators and Representatives, shall be prescribed in each State by
the Legislature thereof; but the Congress may at any time by Law make or
alter such Regulations, except as to the Places of chusing Senators.
The Congress shall assemble at least once in
every Year, and such Meeting shall be
on the first Monday in December, unless they shall by Law appoint a
different Day.
Section. 5.
Each House shall be the Judge of the Elections,
Returns and Qualifications of its own Members, and a Majority of each
shall constitute a Quorum to do Business; but a smaller Number may
adjourn from day to day, and may be authorized to compel the Attendance
of absent Members, in such Manner, and under such Penalties as each
House may provide.
Each House may determine the Rules of its
Proceedings, punish its Members for disorderly Behaviour, and, with the
Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its
Proceedings, and from time to time publish the same, excepting such
Parts as may in their Judgment require Secrecy; and the Yeas and Nays of
the Members of either House on any question shall, at the Desire of one
fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress,
shall, without the Consent of the other, adjourn for more than three
days, nor to any other Place than that in which the two Houses shall be
sitting.
Section. 6.
The Senators and Representatives shall receive a
Compensation for their Services, to be ascertained by Law, and paid out
of the Treasury of the United States. They shall in all Cases, except
Treason, Felony and Breach of the Peace, be privileged from Arrest
during their Attendance at the Session of their respective Houses, and
in going to and returning from the same; and for any Speech or Debate in
either House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the
Time for which he was elected, be appointed to any civil Office under
the Authority of the United States, which shall have been created, or
the Emoluments whereof shall have been encreased during such time; and
no Person holding any Office under the United States, shall be a Member
of either House during his Continuance in Office.
Section. 7.
All Bills for raising Revenue shall originate in
the House of Representatives; but the Senate may propose or concur with
Amendments as on other Bills.
Every Bill which shall have passed the House of
Representatives and the Senate, shall, before it become a Law, be
presented to the President of the United States: If he approve he shall
sign it, but if not he shall return it, with his Objections to that
House in which it shall have originated, who shall enter the Objections
at large on their Journal, and proceed to reconsider it. If after such
Reconsideration two thirds of that House shall agree to pass the Bill,
it shall be sent, together with the Objections, to the other House, by
which it shall likewise be reconsidered, and if approved by two thirds
of that House, it shall become a Law. But in all such Cases the Votes of
both Houses shall be determined by yeas and Nays, and the Names of the
Persons voting for and against the Bill shall be entered on the Journal
of each House respectively. If any Bill shall not be returned by the
President within ten Days (Sundays excepted) after it shall have been
presented to him, the Same shall be a Law, in like Manner as if he had
signed it, unless the Congress by their Adjournment prevent its Return,
in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the
Concurrence of the Senate and House of Representatives may be necessary
(except on a question of Adjournment) shall be presented to the
President of the United States; and before the Same shall take Effect,
shall be approved by him, or being disapproved by him, shall be repassed
by two thirds of the Senate and House of Representatives, according to
the Rules and Limitations prescribed in the Case of a Bill.
Section. 8.
The Congress shall have Power To lay and collect
Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the
common Defence and general Welfare of the United States; but all
Duties, Imposts and Excises shall be uniform throughout the United
States;
To borrow Money on the credit of the United
States;
To regulate Commerce with foreign Nations, and
among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization,
and uniform Laws on the subject of Bankruptcies throughout the United
States;
To coin Money, regulate the Value thereof, and of
foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting
the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful
Arts, by securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme
Court;
To define and punish Piracies and Felonies
committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and
Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no
Appropriation of Money to that Use shall be for a longer Term than two
Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation
of the land and naval Forces;
To provide for calling forth the Militia to
execute the Laws of the Union, suppress Insurrections and repel
Invasions;
To provide for organizing, arming, and
disciplining, the Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving to the States
respectively, the Appointment of the Officers, and the Authority of
training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases
whatsoever, over such District (not exceeding ten Miles square) as may,
by Cession of particular States, and the Acceptance of Congress, become
the Seat of the Government of the United States, and to exercise like
Authority over all Places purchased by the Consent of the Legislature of
the State in which the Same shall be, for the Erection of Forts,
Magazines, Arsenals, dock-Yards, and other needful Buildings;--And
To make all Laws which shall be necessary and
proper for carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of the United
States, or in any Department or Officer thereof.
Section. 9.
The Migration or Importation of such Persons as
any of the States now existing shall think proper to admit, shall not be
prohibited by the Congress prior to the Year one thousand eight hundred
and eight, but a Tax or duty may be imposed on such Importation, not
exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall
not be suspended, unless when in Cases of Rebellion or Invasion the
public Safety may require it.
No Bill of Attainder or ex post facto Law shall
be passed.
No Tax or Duty shall be laid on Articles exported
from any State.
No Preference shall be given by any Regulation of
Commerce or Revenue to the Ports of one State over those of another;
nor shall Vessels bound to, or from, one State, be obliged to enter,
clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law; and a regular Statement and
Account of the Receipts and Expenditures of all public Money shall be
published from time to time.
No Title of Nobility shall be granted by the
United States: And no Person holding any Office of Profit or Trust under
them, shall, without the Consent of the Congress, accept of any
present, Emolument, Office, or Title, of any kind whatever, from any
King, Prince, or foreign State.
Section. 10.
No State shall enter into any Treaty, Alliance,
or Confederation; grant Letters of Marque and Reprisal; coin Money; emit
Bills of Credit; make any Thing but gold and silver Coin a Tender in
Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law
impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the
Congress, lay any Imposts or Duties on Imports or Exports, except what
may be absolutely necessary for executing it's inspection Laws: and the
net Produce of all Duties and Imposts, laid by any State on Imports or
Exports, shall be for the Use of the Treasury of the United States; and
all such Laws shall be subject to the Revision and Controul of the
Congress.
No State shall, without the Consent of Congress,
lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace,
enter into any Agreement or Compact with another State, or with a
foreign Power, or engage in War, unless actually invaded, or in such
imminent Danger as will not admit of delay.
Article. II.
Section. 1.
The executive Power shall be vested in a
President of the United States of America. He shall hold his Office
during the Term of four Years, and, together with the Vice President,
chosen for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the
Legislature thereof may direct, a Number of Electors, equal to the whole
Number of Senators and Representatives to which the State may be
entitled in the Congress: but no Senator or Representative, or Person
holding an Office of Trust or Profit under the United States, shall be
appointed an Elector.
The 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.
The President shall, at stated Times, receive for
his Services, a Compensation, which shall neither be increased nor
diminished during the Period for which he shall have been elected, and
he shall not receive within that Period any other Emolument from the
United States, or any of them.
Before he enter on the Execution of his Office,
he shall take the following Oath or Affirmation:--"I do solemnly swear
(or affirm) that I will faithfully execute the Office of President of
the United States, and will to the best of my Ability, preserve, protect
and defend the Constitution of the United States."
Section. 2.
The President shall be Commander in Chief of the
Army and Navy of the United States, and of the Militia of the several
States, when called into the actual Service of the United States; he may
require the Opinion, in writing, of the principal Officer in each of
the executive Departments, upon any Subject relating to the Duties of
their respective Offices, and he shall have Power to grant Reprieves and
Pardons for Offences against the United States, except in Cases of
Impeachment.
He shall have Power, by and with the Advice and
Consent of the Senate, to make Treaties, provided two thirds of the
Senators present concur; and he shall nominate, and by and with the
Advice and Consent of the Senate, shall appoint Ambassadors, other
public Ministers and Consuls, Judges of the supreme Court, and all other
Officers of the United States, whose Appointments are not herein
otherwise provided for, and which shall be established by Law: but the
Congress may by Law vest the Appointment of such inferior Officers, as
they think proper, in the President alone, in the Courts of Law, or in
the Heads of Departments.
The President shall have Power to fill up all
Vacancies that may happen during the Recess of the Senate, by granting
Commissions which shall expire at the End of their next Session.
Section. 3.
He shall from time to time give to the Congress
Information of the State of the Union, and recommend to their
Consideration such Measures as he shall judge necessary and expedient;
he may, on extraordinary Occasions, convene both Houses, or either of
them, and in Case of Disagreement between them, with Respect to the Time
of Adjournment, he may adjourn them to such Time as he shall think
proper; he shall receive Ambassadors and other public Ministers; he
shall take Care that the Laws be faithfully executed, and shall
Commission all the Officers of the United States.
Section. 4.The President, Vice President and all civil
Officers of the United States, shall be removed from Office on
Impeachment for, and Conviction of, Treason, Bribery, or other high
Crimes and Misdemeanors.
Article III.
Section. 1.
The judicial Power of the United States shall be
vested in one supreme Court, and in such inferior Courts as the Congress
may from time to time ordain and establish. The Judges, both of the
supreme and inferior Courts, shall hold their Offices during good
Behaviour, and shall, at stated Times, receive for their Services a
Compensation, which shall not be diminished during their Continuance in
Office.
Section. 2.
The judicial Power shall extend to all Cases, in
Law and Equity, arising under this Constitution, the Laws of the United
States, and Treaties made, or which shall be made, under their
Authority;--to all Cases affecting Ambassadors, other public Ministers
and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to
Controversies to which the United States shall be a Party;--to
Controversies between two or more States;-- between
a State and Citizens of another State,--between Citizens of
different States,--between Citizens of the same State claiming Lands
under Grants of different States, and between a State, or the Citizens
thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public
Ministers and Consuls, and those in which a State shall be Party, the
supreme Court shall have original Jurisdiction. In all the other Cases
before mentioned, the supreme Court shall have appellate Jurisdiction,
both as to Law and Fact, with such Exceptions, and under such
Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of
Impeachment, shall be by Jury; and such Trial shall be held in the State
where the said Crimes shall have been committed; but when not committed
within any State, the Trial shall be at such Place or Places as the
Congress may by Law have directed.
Section. 3.
Treason against the United States, shall consist
only in levying War against them, or in adhering to their Enemies,
giving them Aid and Comfort. No Person shall be convicted of Treason
unless on the Testimony of two Witnesses to the same overt Act, or on
Confession in open Court.
The Congress shall have Power to declare the
Punishment of Treason, but no Attainder of Treason shall work Corruption
of Blood, or Forfeiture except during the Life of the Person attainted.
Article. IV.
Section. 1.
Full Faith and Credit shall be given in each
State to the public Acts, Records, and judicial Proceedings of every
other State. And the Congress may by general Laws prescribe the Manner
in which such Acts, Records and Proceedings shall be proved, and the
Effect thereof.
Section. 2.
The Citizens of each State shall be entitled to
all Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason,
Felony, or other Crime, who shall flee from Justice, and be found in
another State, shall on Demand of the executive Authority of the State
from which he fled, be delivered up, to be removed to the State having
Jurisdiction of the Crime.
New States may be admitted by the Congress into
this Union; but no new State shall be formed or erected within the
Jurisdiction of any other State; nor any State be formed by the Junction
of two or more States, or Parts of States, without the Consent of the
Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and
make all needful Rules and Regulations respecting the Territory or other
Property belonging to the United States; and nothing in this
Constitution shall be so construed as to Prejudice any Claims of the
United States, or of any particular State.
Section. 4.
The United States shall guarantee to every State
in this Union a Republican Form of Government, and shall protect each of
them against Invasion; and on Application of the Legislature, or of the
Executive (when the Legislature cannot be convened), against domestic
Violence.
Article. V.
The Congress, whenever two thirds of both Houses
shall deem it necessary, shall propose Amendments to this Constitution,
or, on the Application of the Legislatures of two thirds of the several
States, shall call a Convention for proposing Amendments, which, in
either Case, shall be valid to all Intents and Purposes, as Part of this
Constitution, when ratified by the Legislatures of three fourths of the
several States, or by Conventions in three fourths thereof, as the one
or the other Mode of Ratification may be proposed by the Congress;
Provided that no Amendment which may be made prior to the Year One
thousand eight hundred and eight shall in any Manner affect the first
and fourth Clauses in the Ninth Section of the first Article; and that
no State, without its Consent, shall be deprived of its equal Suffrage
in the Senate.
Article. VI.
All Debts contracted and Engagements entered
into, before the Adoption of this Constitution, shall be as valid
against the United States under this Constitution, as under the
Confederation.
This Constitution, and the Laws of the United
States which shall be made in Pursuance thereof; and all Treaties made,
or which shall be made, under the Authority of the United States, shall
be the supreme Law of the Land; and the Judges in every State shall be
bound thereby, any Thing in the Constitution or Laws of any State to the
Contrary notwithstanding.
The Senators and Representatives before
mentioned, and the Members of the several State Legislatures, and all
executive and judicial Officers, both of the United States and of the
several States, shall be bound by Oath or Affirmation, to support this
Constitution; but no religious Test shall ever be required as a
Qualification to any Office or public Trust under the United States.
Article. VII.
The Ratification of the Conventions of nine
States, shall be sufficient for the Establishment of this Constitution
between the States so ratifying the Same.
The Word, "the," being interlined between the seventh and eighth
Lines of the first Page, the Word "Thirty" being partly written on an
Erazure in the fifteenth Line of the first Page, The Words "is tried"
being interlined between the thirty second and thirty third Lines of the
first Page and the Word "the" being interlined between the forty third
and forty fourth Lines of the second Page.
Attest William Jackson Secretary
Done in Convention by the Unanimous Consent of the States present the
Seventeenth Day of September in the Year of our Lord one thousand seven
hundred and Eighty seven and of the Independence of the United States
of America the Twelfth In witness whereof We have hereunto subscribed
our Names,
During the debates on the adoption of the Constitution,
its opponents repeatedly charged that
the Constitution
as drafted would open the way to tyranny
by the
central government. Fresh in their minds
was the
memory of the British violation of civil
rights
before and during the Revolution. They
demanded
a "bill of rights" that would spell
out the immunities of individual
citizens. Several
state conventions in their formal
ratification
of the Constitution asked for such
amendments;
others ratified the Constitution with
the understanding
that the amendments would be offered.
On September 25, 1789, the First
Congress of
the United States therefore proposed to
the state
legislatures 12 amendments to the
Constitution
that met arguments most frequently
advanced against
it. The first two proposed amendments,
which concerned
the number of constituents for each
Representative
and the compensation of Congressmen,
were not
ratified. Articles 3 to 12, however,
ratified
by three-fourths of the state
legislatures, constitute
the first 10 amendments of the
Constitution, known
as the Bill of Rights. http://www.archives.gov/exhibits/charters/bill_of_rights.html
Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty
nine.
THE Conventions of a number of the States, having at
the time of their adopting the Constitution, expressed a desire, in
order to prevent misconstruction or abuse of its powers, that further
declaratory and restrictive clauses should be added: And as extending
the ground of public confidence in the Government, will best ensure
the beneficent ends of its institution.
RESOLVED by the Senate and House of Representatives
of the United States of America, in Congress assembled, two thirds of
both Houses concurring, that the following Articles be proposed to the
Legislatures of the several States, as amendments to the Constitution
of the United States, all, or any of which Articles, when ratified by
three fourths of the said Legislatures, to be valid to all intents
and purposes, as part of the said Constitution; viz.
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.
Note: The following text is a transcription of the first ten
amendments
to the Constitution in their original form. These amendments were
ratified December
15, 1791, and form what is known as the "Bill of Rights."
Amendment 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.
Amendment 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.
Amendment III
No Soldier shall, in time of peace be quartered in any house, without
the consent of the Owner, nor in time of war, but in a manner to be
prescribed by law.
Amendment 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.
Amendment 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 offence 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.
Amendment 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 shall 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 the Assistance of Counsel for his defence.
Amendment 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 the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
Amendment 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.
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