CONSTITUTION OF
THE UNITED STATES: SEPTEMBER 17, 1787
PREAMBLE
We, the people of the United States, in order to form a more
perfect Union, establish justice, insure domestic tranquility,
provide for the common defense, promote the general welfare, and
secure the blessings of liberty to ourselves and our posterity, do
ordain and establish this Constitution for the United States of
America
ARTICLE I
Section 1 - 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 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of all other persons.(The previous sentence was superceded by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 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,)
(The preceding five words were superceded by Amendment XVII) 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. (The words in italics were superceded by Amendment XVII)
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,(The words
in italics were superceded by Amendment XX) 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. (Modified by Amendement XVI)
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.
ARTICLE II
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 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.(The clause in italics was superceded by Amendment XII)
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. (This
clause has been modified by Amendment XX and Amendment XXV)
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 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 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.
ARTICLE III
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. (This section modified
by Amendment XI)
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 of.
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.
ARTICLE IV
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.
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.(This clause superceded by
Amendment XIII)
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.
ARTICLE V
Constitution: how amended; proviso.
The Congress, whenever two-thirds of both houses shall deem it
necessary, shall propose amendments to this constitution, or on
the application of the legislatures of two-thirds of the several
states, shall call a convention for proposing amendments, which ,
in either case, shall be valid to all intents and purposes, as
part of this constitution, when ratified by the legislatures of
three-fourths of the several states, or by conventions 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.
ARTICLE VI
Certain debts, ect. declared valid, Supremacy of Constitution,
treaties, and laws of the United States, Oath to support
Constitution, by whom taken. No religious test.
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.
ARTICLE VII
What ratification shall establish constitution.
The ratification of the conventions of nine states, shall be
sufficient for the establishment of this constitution between the
states so ratifying the same.
Bill of Rights
I - Freedom of Speech, Press, Religion and Petition
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.
II - Right to keep and bear arms
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.
III - Conditions for quarters of soldiers
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.
IV - Right of search and seizure regulated
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.
V - Provisons concerning prosecution
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in
the militia, when in actual service in time of war or public
danger; nor shall any person be subject for the same offense to be
twice put in jeopardy of life or limb; nor shall be compelled in
any criminal case to be a witness against himself, nor be deprived
of life, liberty, or property, without due process of law; nor
shall private property be taken for public use without just
compensation.
VI - Right to a speedy trial, witnesses, etc.
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 defense.
VII - Right to a trial by jury
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
reexamined in any court of the United States, than according to
the rules of the common law.
VIII - Excessive bail, cruel punishment
Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
IX - Rule of construction of Constitution
The enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the people.
X - Rights of the States under Constitution
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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