[Bill of Rights]
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.
- Article the first [Not Ratified]
After the first enumeration required by the first article of the
Constitution, there shall be one Representative for every thirty
thousand, until the number shall amount to one hundred, after which
the proportion shall be so regulated by Congress, that there shall be
not less than one hundred Representatives, nor less than one
Representative for every forty thousand persons, until the number of
Representatives shall amount to two hundred; after which the
proportion shall be so regulated by Congress, that there shall not be
less than two hundred Representatives, nor more than one
Representative for every fifty thousand persons.
- Article the second [Amendment XXVII -
Ratified 1992]
No law, varying the compensation for the
services of the Senators and Representatives, shall take effect, until
an election of Representatives shall have intervened.
- Article the third [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.
- Article the fourth [Amendment II][4]
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 the fifth [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.
- Article the sixth [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.
- Article the seventh [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.
- Article the eighth [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.
- Article the ninth [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.
- Article the tenth [Amendment VIII]
Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual
punishments inflicted.
- Article the eleventh [Amendment IX]
The enumeration in the Constitution, of
certain rights, shall not be construed to deny or disparage others
retained by the people.
- Article the twelfth [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.
[Constitution for the United States of America][1]
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.[2]
All legislative Powers herein granted shall be vested in a Congress of the
United States, which shall consist of a Senate and House of
Representatives.
Section. 2. The
House of Representatives shall be composed of Members chosen every second
Year by the People of the several States, and the Electors in each State
shall have the Qualifications requisite for
Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall
not have attained to the Age of twenty five Years, and been seven Years a
Citizen of the United States, and who shall not, when elected, be an
Inhabitant of that State in which he shall be chosen.
Representatives and direct Taxes shall be
apportioned among the several States which may be included within this
Union, according to their respective Numbers, which shall be determined by
adding to the whole Number of free Persons, including those bound to
Service for a Term of Years, and excluding Indians not taxed, three fifths
of all other Persons [Modified
by Amendment XIV]. The actual Enumeration shall be made within three
Years after the first Meeting of the Congress of the United States, and
within every subsequent Term of ten Years, in such Manner as they shall by
Law direct. The Number of Representatives shall not exceed one for every
thirty Thousand, but each State shall have at Least one Representative;
and until such enumeration shall be made, the State of New Hampshire shall
be entitled to chuse three, Massachusetts eight, Rhode-Island and
Providence Plantations one, Connecticut five, New-York six, New Jersey
four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North
Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from
any State, the Executive Authority thereof shall issue Writs of Election
to fill such Vacancies.
The House of Representatives shall chuse their
Speaker and other Officers; and shall have the sole Power of Impeachment.
Section. 3. The
Senate of the United States shall be composed of two Senators from each
State, chosen by the Legislature thereof [Modified
by Amendment XVII], 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 [Modified
by Amendment XVII].
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
[Modified by
Amendment XX], 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;[3]
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 Capitation, or other direct, Tax shall be
laid, unless in Proportion to the Census or Enumeration herein before
directed to be taken.
No Tax or Duty shall be laid on Articles
exported from any State.
No Preference shall be given by any Regulation
of Commerce or Revenue to the Ports of one State over those of another;
nor shall Vessels bound to, or from, one State, be obliged to enter,
clear, or pay Duties in another.
No Money shall be drawn
from the Treasury, but in Consequence of Appropriations made by Law; and
a regular Statement and Account of the Receipts and Expenditures of all
public Money shall be published from time to time.
No Title of Nobility shall be granted by the
United States: And no Person holding any Office of Profit or Trust under
them, shall, without the Consent of the Congress, accept of any present,
Emolument, Office, or Title, of any kind whatever, from any King, Prince,
or foreign State.
Section. 10. No
State shall enter into any Treaty, Alliance, or
Confederation; grant Letters of Marque and
Reprisal; coin Money; emit
Bills of Credit; make any Thing but gold and
silver Coin a Tender in Payment of Debts; pass
any Bill of Attainder, ex post facto Law, or Law
impairing the Obligation of Contracts, or grant
any Title of Nobility.
No State shall,
without the Consent of the Congress, lay any Imposts or Duties on Imports
or Exports, except what may be absolutely necessary for executing it's
inspection Laws; and the net Produce of all
Duties and Imposts, laid by any State on Imports or Exports, shall be for
the Use of the Treasury of the United States; and
all such Laws shall be subject to the Revision and 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 Electors shall meet in their respective
States, and vote by Ballot for two Persons, of whom one at least shall not
be an Inhabitant of the same State with themselves. And they shall make a
List of all the Persons voted for, and of the Number of Votes for each;
which List they shall sign and certify, and transmit sealed to the Seat of
the Government of the United States, directed to the President of the
Senate. The President of the Senate shall, in the Presence of the Senate
and House of Representatives, open all the Certificates, and the Votes
shall then be counted. The Person having the greatest Number of Votes
shall be the President, if such Number be a Majority of the whole Number
of Electors appointed; and if there be more than one who have such
Majority, and have an equal Number of Votes, then the House of
Representatives shall immediately chuse by Ballot one of them for
President; and if no Person have a Majority, then from the five highest on
the List the said House shall in like Manner chuse the President. But in
chusing the President, the Votes shall be taken by States, the
Representation from each State having one Vote; a quorum for this Purpose
shall consist of a Member or Members from two thirds of the States, and a
Majority of all the States shall be necessary to a Choice. In every Case,
after the Choice of the President, the Person having the greatest Number
of Votes of the Electors shall be the Vice President. But if there should
remain two or more who have equal Votes, the Senate shall chuse from them
by Ballot the Vice President [Modified
by 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 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 [Modified
by Amendment XXV].
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 [Modified
by Amendment XI]; — 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.
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 [Modified
by Amendment XIII].
Section. 3. 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 [Possibly
abrogated by Amendment XVII].
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,
Go. WASHINGTON — Presidt.
and deputy from Virginia
- New Hampshire {
- JOHN LANGDON
NICHOLAS GILMAN
- Massachusetts {
- NATHANIEL GORHAM
RUFUS KING
- Connecticut {
- WM. SAML. JOHNSON
ROGER SHERMAN
- New York . . . .
- ALEXANDER HAMILTON
- New Jersey {
- WIL: LIVINGSTON
DAVID BREARLEY.
WM. PATERSON.
JONA: DAYTON
- Pennsylvania {
- B FRANKLIN
THOMAS MIFFLIN
ROBT MORRIS
GEO. CLYMER
THOS. FITZ SIMONS
JARED INGERSOLL
JAMES WILSON
GOUV MORRIS
- Delaware {
- GEO: READ
GUNNING BEDFORD jun
JOHN DICKINSON
RICHARD BASSETT
JACO: BROOM
- Maryland {
- JAMES MCHENRY
DAN OF ST THOS.
JENIFER
DANL CARROLL
- Virginia {
- JOHN BLAIR
JAMES MADISON jr
- North Carolina {
- WM. BLOUNT
RICHD. DOBBS SPAIGHT
HU WILLIAMSON
- South Carolina {
- J. RUTLEDGE
CHARLES COTESWORTH PINCKNEY
CHARLES PINCKNEY
PIERCE BUTLER
- Georgia {
- WILLIAM FEW
ABR BALDWIN
In Convention Monday, September 17th, 1787.
Present
The States of
New Hampshire, Massachusetts, Connecticut, MR.
Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South Carolina and Georgia.
Resolved,
That the preceeding Constitution be laid before the United States in
Congress assembled, and that it is the Opinion of this Convention, that it
should afterwards be submitted to a Convention of Delegates, chosen in
each State by the People thereof, under the Recommendation of its
Legislature, for their Assent and Ratification; and that each Convention
assenting to, and ratifying the Same, should give Notice thereof to the
United States in Congress assembled. Resolved, That it is the Opinion of
this Convention, that as soon as the Conventions of nine States shall have
ratified this Constitution, the United States in Congress assembled should
fix a Day on which Electors should be appointed by the States which have
ratified the same, and a Day on which the Electors should assemble to vote
for the President, and the Time and Place for commencing Proceedings under
this Constitution. That after such Publication the Electors should be
appointed, and the Senators and Representatives elected: That the Electors
should meet on the Day fixed for the Election of the President, and should
transmit their Votes certified, signed, sealed and directed, as the
Constitution requires, to the Secretary of the United States in Congress
assembled, that the Senators and Representatives should convene at the
Time and Place assigned; that the Senators should appoint a President of
the Senate, for the sole purpose of receiving, opening and counting the
Votes for President; and, that after he shall be chosen, the Congress,
together with the President, should, without Delay, proceed to execute
this Constitution.
By the Unanimous Order of the Convention
Go. WASHINGTON — Presidt.
W. JACKSON Secretary.
[Additional 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. XI.]
[Proposed 1794; Ratified 1798]
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.
[Article. XII.]
[Proposed 1803; Ratified 1804]
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 of 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 votes 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 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.
[Contested Article.]
[Proposed 1810; Possibly Ratified 1819, but evidence lacking, and it
seems most likely that the number of ratifying states did not reach 3/4 of
the states as new states were admitted.]
If any Citizen of the United States shall accept, claim, receive or
retain any Title of Nobility or Honour, or shall, without the Consent of
Congress, accept and retain any present, Pension, Office or Emolument of
any kind whatever, from any Emperor, King, Prince or foreign Power, such
Person shall cease to be a Citizen of the United States, and shall be
incapable of holding any Office of Trust or Profit under them, or either
of them.
[Unratified Article.]
[Proposed 1861; Endorsed by Lincoln while president-elect;
Unratified][1]
Article Thirteen.
No amendment shall be made to the Constitution which will authorize or
give to Congress the power to abolish or interfere, within any State, with
the domestic institutions thereof, including that of persons held to labor
or service by the laws of said State.
Article. XIII.
[Proposed 1865; Ratified 1865]
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
power to enforce this article by appropriate legislation.
Article. XIV.
[Proposed 1866; Ratified Under Duress 1868]
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 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 or 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.
Article. XV.
[Proposed 1869; Ratified 1870]
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.
Article. XVI.
[Proposed 1909; Questionably Ratified 1913]
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.
[Article. XVII.]
[Proposed 1912; Ratified 1913; Possibly Unconstitutional (See Article
V, Clause 3 of the Constitution)]
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 legislatures.
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 so construed as to
affect the election or term of any Senator chosen before it becomes valid
as part of the Constitution.
Article. [XVIII.]
[Proposed 1917; Ratified 1919; Repealed 1933 (See Amendment
XXI, Section 1
Section. 1. 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.
Section. 2. The Congress and the
several States shall have concurrent power to enforce this article by
appropriate legislation.
Section. 3. 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 hereof to
the States by the Congress.
Article. [XIX.]
[Proposed 1919; Ratified 1920]
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.
Congress shall have power to enforce this article
by appropriate legislation.
[Unratified Article.]
[Proposed 1926; Unratified]
Article —
Section. 1. The Congress shall
have power to limit, regulate, and prohibit the labor of persons under
eighteen years of age.
Section. 2. The power of the
several States is unimpaired by this article except that the operation of
State laws shall be suspended to the extent necessary to give effect to
legislation enacted by the Congress.
Article. [XX.]
[Proposed 1932; Ratified 1933]
Section. 1. The terms of the
President and Vice President shall end at noon on the 20th day of January,
and the terms of Senators and Representatives at noon on the 3d 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 in every year, and such meeting shall begin at noon
on the 3d day of January, unless they shall by law 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 of the 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.
Article. [XXI.]
[Proposed 1933; Ratified 1933]
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 conventions in the several States, as provided in the
Constitution, within seven years from the date of the submission hereof to
the States by the Congress.
Article. [XXII.]
[Proposed 1947; Ratified 1951]
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.
Article. [XXIII.]
[Proposed 1960; Ratified 1961]
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 be in 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
power to enforce this article by appropriate legislation.
Article. [XXIV.]
[Proposed 1962; Ratified 1964]
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 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.
Article. [XXV.]
[Proposed 1965; Ratified 1967]
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 the 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 department 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.
Article. [XXVI.]
[Proposed 1971; Ratified 1971]
Section. 1. The right of citizens
of the United States, who are eighteen 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
power to enforce this article by appropriate legislation.
[Inoperative Article.]
[Proposed 1972; Expired Unratified 1982]
Article —
Section. 1. Equality of rights
under the law shall not be denied or abridged by the United States or by
any State on account of sex.
Section. 2. The Congress shall
have the power to enforce, by appropriate legislation, the provisions of
this article.
Section. 3. This amendment shall
take effect two years after the date of ratification.
[Inoperative Article.]
[Proposed 1978; Expired Unratified 1985]
Article —
Section. 1. For purposes of
representation in the Congress, election of the President and Vice
President, and article V of this Constitution, the District constituting
the seat of government of the United States shall be treated as though it
were a State.
Section. 2. The exercise of the
rights and powers conferred under this article shall be by the people of
the District constituting the seat of government, and as shall be provided
by the Congress.
Section. 3. The twenty-third
article of amendment to the Constitution of the United States is hereby
repealed.
Section. 4. 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.
Article. [XXVII.]
[Proposed 1789; Ratified 1992; Second
of twelve Articles comprising the Bill of Rights]
No law, varying the compensation for the services of the Senators and
Representatives, shall take effect, until an election of Representatives
shall have intervened.