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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.
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.
1: 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.
2: 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.
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 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.2 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.
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 chuse their
Speaker and
other Officers; and shall have the sole Power of Impeachment.
1: The Senate of the United
States shall be composed of
two Senators from each State, chosen by the Legislature thereof,3
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 fourththird Class at the Expiration of the sixth
Year, so that one third may be chosen every second Year;
Year, and of the
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.4
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 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.
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: 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.
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 chusing Senators.
2: The Congress shall assemble at least once
in every Year,
and such Meeting shall be on
the first Monday in December,5
unless they shall by Law appoint a different Day.
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 Behaviour,
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 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.
4: Neither House, during
the Session of Congress, shall,
without the Consent of the other, adjournthree
days, nor to any other Place than that in which the two
Houses
shall be sitting. for more than
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.6
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 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.
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 repassed by two thirds
of the Senate and House of
Representatives, according to the Rules and Limitations
prescribed in the Case of a Bill.
1: 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;
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 tenCession 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
Miles square)
as may, by
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.
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 one
thousand
eight hundred and eight, but a Tax or duty
may be imposed on such
Importation, not exceeding ten 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 orEnumeration herein before directed
to be taken.7
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 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.
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 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.
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 War, unless actually invaded, or in
such imminent Danger as will not admit of
delay.
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
2: 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.
3:
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.8
4: 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.
5: 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.
6: 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,9
the Same shall
devolve on the VicePresident, 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.
7: The President shall, at
stated Times, receive for his
Services, a Compensation, which shall neither be encreased
nor
diminished during the Period for which he shall have been
elected, and he shall not receive within that Period any other
Emolument from the United States, or any
of them.
8: 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.”
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 Offences
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 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.
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.
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.
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.
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;10 --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.
2: 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 appellateJurisdiction,
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.
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 Treasontwo Witnesses to
the same overt Act, or on Confession in open Court. unless on the
Testimony of
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.
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.
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 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.
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.11
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, or Parts of 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.
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.
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.
1: All Debts contracted and Engagements
entered into, before
the Adoption of this Constitution, shall be as valid against the
United States under this Constitution, as under the Confederation.
2: This
Constitution, and the Laws of the United States which
shall be made in Pursuance thereof; and all Treaties made, or
which shall be made, under the Authority of the United States,
shall be the supreme Law of the Land; and the Judges in every
State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.
3: The
Senators and Representatives before mentioned, and the
Members of the several State Legislatures, and all executive and
judicial Officers, both of the United States and of the several
States, shall be bound by Oath or Affirmation, to support this
Constitution; but no religious Test shall ever be required as a
Qualification to any Office or public Trust under the United
States.
The
Ratification of the Conventions of nine States, shall
be
sufficient for the Establishment of this Constitution between the
States so ratifying the Same.
The Word "the", being interlined between the seventh
and eight Lines of the first Page,
The Word "Thirty" being partly written on an Erazure in the fifteenthfirst 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 thirdforty fourth Lines of the second
Page. Line of
the
and |
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, |
| Attest
William Jackson Secretary | Go: Washington -Presidt.
and deputy from Virginia
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
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.
FitzSimons
Jared Ingersoll
James Wilson.
Gouv Morris |
Skip to Letter of
Transmittal to Congress
up to the
ConstitutionIn 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 shall 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 |
W.
Jackson Secretary. | Go: Washington
-Presidt. |
skip
to Amendments
up to Letter of
TransmittalIn Convention.
Monday September 17th 1787.
SIR:
We have now the honor to submit to the consideration of the United
States in Congress assembled, that Constitution which has appeared to us
the most advisable.
The friends of our country have long seen and desired that the power of
making war, peace, and treaties, that of levying money, and regulating
commerce, and the correspondent executive and judicial authorities,
should be fully and effectually vested in the General Government of the
Union; but the impropriety of delegating such extensive trust to one
body of men is evident: hence results the necessity of a different
organization.
It is obviously impracticable in the Federal Government of these States
to secure all rights of independent sovereignty to each, and yet provide
for the interest and safety of all. Individuals entering into society
must give up a share of liberty to preserve the rest. The magnitude of
the sacrifice must depend as well on situation and circumstance, as on
the object to be obtained. It is at all times difficult to draw with
precision the line between those rights which must be surrendered, and
those which may be preserved; and, on the present occasion, this
difficulty was increased by a difference among the several States as to
their situation, extent, habits, and particular interests.
In all our deliberations on this subject, we kept steadily in our view
that which appears to us the greatest interest of every true American,
the consolidation of our Union, in which is involved our prosperity,
felicity, safety--perhaps our national existence. This important
consideration, seriously and deeply impressed on our minds, led each
State in the Convention to be less rigid on points of inferior magnitude
than might have been otherwise expected; and thus, the Constitution
which we now present is the result of a spirit of amity, and of that
mutual deference and concession, which the peculiarity of our political
situation rendered indispensable.
That it will meet the full and entire approbation of every State is not,
perhaps, to be expected; but each will, doubtless, consider, that had
her interest alone been consulted, the consequences might have been
particularly disagreeable or injurious to others; that it is liable to
as few exceptions as could reasonably have been expected, we hope and
believe; that it may promote the lasting welfare of that Country so dear
to us all, and secure her freedom and happiness, is our most ardent
wish.
With great respect,
we have the honor to be,
SIR,
your excellency's most obedient and humble servants:
GEORGE WASHINGTON, President.
By the unanimous order of the convention.
His Excellency
the President of Congress.
skip to Notes
up to Letter of
Transmittal to Congress
(The procedure for changing the United States Constitution is
Article V - Mode of Amendment)
(The Preamble to The
Bill of Rights)
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.12
(Articles I through X are known as the Bill of
Rights) ratifiedArticle
the first. .... 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. .... No law, varying the compensation for the services
of the Senators and Representatives, shall take effect, until an
election of Representatives shall have intervened.
see Amendment XXVII
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.
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.
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.
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.
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.
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.
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.
Excessive
bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
The
enumeration in the Constitution, of
certain
rights, shall not be construed to deny or disparage others retained by
the people.
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.
Attest,
John Beckley, Clerk of the House of
Representatives.
Sam.
A. Otis Secretary of the Senate. | | Frederick
Augustus Muhlenberg Speaker of the House of Representatives.
John
Adams, Vice-President of the United States, and President of the Senate. |
(end
of the Bill of Rights)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. ratified #11
affects 10
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.14
--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 quorumtwo-thirds of the whole
number for the purpose
shall consist of 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. ratified #12
affects 8
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. affects 11
Congress
shall have power to enforce this article by
appropriate legislation. ratified #13
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.
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,15 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. affects 2
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.
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.
5: The Congress shall have power to enforce,
by
appropriate legislation, the provisions of this article. ratified #14
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.
The Congress shall have power to enforce this article
by appropriate legislation. ratified #15
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. ratified #16
affects 2
1: 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. affects 3
2: 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. affects 4
3: 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. ratified #17
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.
2: The Congress and the several States shall have concurrent
power to enforce this article by appropriate legislation.
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. ratified #18
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. affects 15
Congress
shall have power to enforce this article by appropriate
legislation. ratified #19
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. affects 5
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. affects 5
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. affects 9 affects 14
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. affects 9
5: Sections 1 and 2 shall take effect on the
15th day of
October following the ratification of this article.
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. ratified #20
1: The eighteenth article of amendment to the
Constitution of the United States is hereby repealed. affects 16
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.
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. ratified #21
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.
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.
ratified #22
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.
2: The
Congress shall have power to enforce this article by appropriate
legislation.
ratified #23
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.
2. The Congress shall have power to enforce
this article by appropriate legislation.
ratified #24
1: In case of the removal of the President
from office or of his death or resignation, the Vice President shall
become President.
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.
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.
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.
ratified #25
1: The
right of citizens of the United States, who are 18 years of age or
older, to vote, shall not be denied or abridged
by the
United States or any state on account of age. affects 15
2: The Congress shall have the power to
enforce this article by appropriate legislation.
ratified #26
No law varying the compensation for the services of
the Senators and Representatives shall take effect until an election of
Representatives shall have intervened.
ratified #27
skip
to Dates
up to AmendmentsNote 1: This text of the Constitution follows
the engrossed copy
signed by Gen. Washington and the deputies from 12 States. The arabic
numerals
preceding the paragraphs designate
Clauses, and were not printed (but are referred to) in the original and
have no reference to
footnotes that appear as small superior figures (superscripts).
ratification
Note 2: The part of Article 1 Section 2
Clause 3 relating to the mode of
apportionment of representatives among the
several States has
been affected by
Amendment XIV Section 2, and as to taxes on
incomes without apportionment by Amendment
XVI.
Note 3: Article 1 Section 3 Clause 1
has been affected by Amendment
XVII Section 1.
Note 4: Article 1 Section 3 Clause 2 has
been affected by Amendment XVII
Section 2.
Note 5: Article 1 Section 4 Clause 2 has been
affected by Amendment XX.
Note 6: Article 1 Section 6 Clause 1
has been affected by Amendment XXVII.
Note 7: Article 1 Section 9 Clause 4 has been affected by Amendment
XVI.
Note 8: Article 2 Section 1 Clause 3 has been
superseded by Amendment XII.
Note 9: Article 2 Section 1 Clause 6 has
been affected by Amendment XX and Amendment XXV.
Note 10: Article 3
Section 2 Clause 1 has been affected by Amendment XI.
Note 11: Article 4 Section 2 Clause 3 has
been affected by Amendment XIII
Section 1.
Note 12: The first ten amendments to the
Constitution of the United States are known as the Bill of Rights
Note 13: The Bill of
Rights only had ten of the twelve articles ratified and these were then
renumbered. Of the others only the 13th,
14th, 15th, and 16th articles of amendment had numbers assigned to them
at the time of ratification.
Note 14: This sentence of Amendment XII has been superseded by Amendment XX Section 3.
Note 15: Article XIV Section 2 is modified
by Amendment XIX Section 1 and Amendment XXVI Section 1.
Note 16: Amendment XVIII repealed by Amendment XXI Section 1.
skip to Spellings
up to Notes- May 25, 1787: The Constitutional Convention
opens with a quorum of seven states in Philadelphia to discuss revising
the Articles of Confederation. Eventually all states but Rhode Island
are represented.
- Sept. 17, 1787: All 12 state
delegations approve the Constitution, 39 delegates sign it of the 42
present, and the Convention formally adjourns.
- June 21, 1788: The Constitution
becomes effective for the ratifying states when New Hampshire is the
ninth state to ratify it.
- Mar. 4, 1789: The first Congress
under the Constitution convenes in New York City.
- Apr. 30, 1789: George Washington is
inaugurated as the first President of the United States.
- June 8, 1789: James Madison
introduces proposed Bill of Rights in the House of Representatives.
- Sept. 24, 1789: Congress establishes
a Supreme Court, 13 district courts, three ad hoc circuit courts, and
the position of Attorney General.
- Sept. 25, 1789: Congress approves 12
amendments and sends them to the states for ratification.
- Feb. 2, 1790: Supreme Court
convenes for the first time after an unsuccessful attempt February 1.
- Dec. 15, 1791: Virginia ratifies
the Bill of Rights, and 10 of the 12 proposed amendments become part of
the U.S. Constitution.
