The Constitution of the
United States of America
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. 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. 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.
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 choose their speaker and other
officers; and shall have the sole power of impeachment.
Section 3. The Senate of the United States shall be composed of two
Senators from each state, chosen by the legislature thereof, for six
years; and each Senator shall have one vote.
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 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.
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 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 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 choosing Senators.
The Congress shall assemble at least once in every year, and such
meeting shall be on the first Monday in December, unless they shall by
law appoint a different day.
Section 5. Each House shall be the judge of the elections, returns and
qualifications of its own members, and a majority of each shall
constitute a quorum to do business; but a smaller number may adjourn
from day to day, and may be authorized to compel the attendance of
absent members, in such manner, and under such penalties as each
House may provide.
Each House may determine the rules of its proceedings, punish its
members for disorderly behavior, 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 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. All bills for raising revenue shall originate in the House of
Representatives; but the Senate may propose or concur with
amendments as on other Bills.
Every bill which shall have passed the House of Representatives and
the Senate, shall, before it become a law, be presented to the President
of the United States; if he approve he shall sign it, but if not he shall
return it, with his objections to that House in which it shall have
originated, who shall enter the objections at large on their journal, and
proceed to reconsider it. If after such reconsideration two thirds of that
House shall agree to pass the bill, it shall be sent, together with the
objections, to the other House, by which it shall likewise be
reconsidered, and if approved by two thirds of that House, it shall
become a law. But in all such cases the votes of both Houses shall be
determined by yeas and nays, and the names of the persons voting for
and against the bill shall be entered on the journal of each House
respectively. If any bill shall not be returned by the President within ten
days (Sundays excepted) after it shall have been presented to him, the
same shall be a law, in like manner as if he had signed it, unless the
Congress by their adjournment prevent its return, in which case it shall
not be a law.
Every order, resolution, or vote to which the concurrence of the Senate
and House of Representatives may be necessary (except on a question
of adjournment) shall be presented to the President of the United
States; and before the same shall take effect, shall be approved by him,
or being disapproved by him, shall be repassed by two thirds of the
Senate and House of Representatives, according to the rules and
limitations prescribed in the case of a bill.
Section 8. The Congress shall have power to lay and collect taxes,
duties, imposts and excises, to pay the debts and provide for the
common defense 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 a 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 offenses 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,
dockyards, 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
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 anything 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 control 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 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 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.
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.
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
offenses against the United States, except in cases of impeachment.
He shall have power, by and with the advice and consent of the
Senate, to make treaties, provided two thirds of the Senators present
concur; and he shall nominate, and by and with the advice and consent
of the Senate, shall appoint ambassadors, other public ministers and
consuls, judges of the Supreme Court, and all other officers of the
United States, whose appointments are not herein otherwise provided
for, and which shall be established by law: but the Congress may by
law vest the appointment of such inferior officers, as they think proper,
in the President alone, in the courts of law, or in the heads of
departments.
The President shall have power to fill up all vacancies that may happen
during the recess of the Senate, by granting commissions which shall
expire at the end of their next session.
Section 3. He shall from time to time give to the Congress information
of the state of the union, and recommend to their consideration such
measures as he shall judge necessary and expedient; he may, on
extraordinary occasions, convene both Houses, or either of them, and
in case of disagreement between them, with respect to the time of
adjournment, he may adjourn them to such time as he shall think
proper; he shall receive ambassadors and other public ministers; he
shall take care that the laws be faithfully executed, and shall
commission all the officers of the United States.
Section 4. The President, Vice President and all civil officers of the
United States, shall be removed from office on impeachment for, and
conviction of, treason, bribery, or other high crimes and misdemeanors.
Article III
Section 1. The judicial power of the United States, shall be vested in
one Supreme Court, and in such inferior courts as the Congress may
from time to time ordain and establish. The judges, both of the supreme
and inferior courts, shall hold their offices during good behaviour, and
shall, at stated times, receive for their services, a compensation, which
shall not be diminished during their continuance in office.
Section 2. The judicial power shall extend to all cases, in law and
equity, arising under this Constitution, the laws of the United States,
and treaties made, or which shall be made, under their authority;--to all
cases affecting ambassadors, other public ministers and consuls;--to all
cases of admiralty and maritime jurisdiction;--to controversies to which
the United States shall be a party;--to controversies between two or
more states;--between a state and citizens of another state;-- between
citizens of different states;--between citizens of the same state claiming
lands under grants of different states, and between a state, or the
citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls,
and those in which a state shall be party, the Supreme Court shall have
original jurisdiction. In all the other cases before mentioned, the
Supreme Court shall have appellate jurisdiction, both as to law and
fact, with such exceptions, and under such regulations as the Congress
shall make.
The trial of all crimes, except in cases of impeachment, shall
be by jury; and such trial shall be held in the state where the said
crimes shall have been committed; but when not committed within any
state, the trial shall be at such place or places as the Congress may by
law have directed.
Section 3. Treason against the United States, shall consist only in
levying war against them, or in adhering to their enemies, giving them
aid and comfort. No person shall be convicted of treason unless on the
testimony of two witnesses to the same overt act, or on confession in
open court.
The Congress shall have power to declare the punishment of treason,
but no attainder of treason shall work corruption of blood, or forfeiture
except during the life of the person attainted.
Article IV
Section 1. Full faith and credit shall be given in each state to the public
acts, records, and judicial proceedings of every other state. And the
Congress may by general laws prescribe the manner in which such
acts, records, and proceedings shall be proved, and the effect thereof.
Section 2. The citizens of each state shall be entitled to all privileges
and immunities of citizens in the several states.
A person charged in any state with treason, felony, or other crime, who
shall flee from justice, and be found in another state, shall on demand
of the executive authority of the state from which he fled, be delivered
up, to be removed to the state having jurisdiction of the crime.
No person held to service or labor 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 labor, but shall be
delivered up on claim of the party to whom such service or labor may
be due.
Section 3. New states may be admitted by the Congress into this
union; but no new states 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
violence.
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