The
Federal Convention convened in the State House (Independence Hall) in
Philadelphia on May 14, 1787, to revise the Articles of Confederation.
Because the delegations from only two states were at first present,
the members adjourned from day to day until a quorum of seven states
was obtained on May 25. Through discussion and debate it became clear
by mid-June that, rather than amend the existing Articles, the Convention
would draft an entirely new frame of government. All through the summer,
in closed sessions, the delegates debated, and redrafted the articles
of the new Constitution. Among the chief points at issue were how much
power to allow the central government, how many representatives in Congress
to allow each state, and how these representatives should be elected--directly
by the people or by the state legislators. The work of many minds, the
Constitution stands as a model of cooperative statesmanship and the
art of compromise.
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.
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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 chuse three, Massachusetts
eight, Rhode-Island and Providence Plantations one, Connecticut five,
New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland
six, Virginia ten, North Carolina five, South Carolina five, and Georgia
three.
When vacancies
happen in the Representation from any State, the Executive Authority
thereof shall issue Writs of Election to fill such Vacancies.
The House
of Representatives shall chuse their Speaker and other Officers; and
shall have the sole Power of Impeachment.
Section.
3.
The Senate
of the United States shall be composed of two Senators from each State,
chosen by the Legislature thereof for six Years; and each Senator shall
have one Vote.
Immediately
after they shall be assembled in Consequence of the first Election,
they shall be divided as equally as may be into three Classes. The Seats
of the Senators of the first Class shall be vacated at the Expiration
of the second Year, of the second Class at the Expiration of the fourth
Year, and of the third Class at the Expiration of the sixth Year, so
that one third may be chosen every second Year; and if Vacancies happen
by Resignation, or otherwise, during the Recess of the Legislature of
any State, the Executive thereof may make temporary Appointments until
the next Meeting of the Legislature, which shall then fill such Vacancies.
No Person
shall be a Senator who shall not have attained to the Age of thirty
Years, and been nine Years a Citizen of the United States, and who shall
not, when elected, be an Inhabitant of that State for which he shall
be chosen.
The Vice
President of the United States shall be President of the Senate, but
shall have no Vote, unless they be equally divided.
The Senate
shall chuse their other Officers, and also a President pro tempore,
in the Absence of the Vice President, or when he shall exercise the
Office of President of the United States.
The Senate
shall have the sole Power to try all Impeachments. When sitting for
that Purpose, they shall be on Oath or Affirmation. When the President
of the United States is tried, the Chief Justice shall preside: And
no Person shall be convicted without the Concurrence of two thirds of
the Members present.
Judgment
in Cases of Impeachment shall not extend further than to removal from
Office, and disqualification to hold and enjoy any Office of honor,
Trust or Profit under the United States: but the Party convicted shall
nevertheless be liable and subject to Indictment, Trial, Judgment and
Punishment, according to Law.
Section.
4.
The Times,
Places and Manner of holding Elections for Senators and Representatives,
shall be prescribed in each State by the Legislature thereof; but the
Congress may at any time by Law make or alter such Regulations, except
as to the Places of chusing Senators.
The Congress
shall assemble at least once in every Year, and such Meeting shall be
on the first Monday in December, unless they shall by Law appoint a
different Day.
Section.
5.
Each House
shall be the Judge of the Elections, Returns and Qualifications of its
own Members, and a Majority of each shall constitute a Quorum to do
Business; but a smaller Number may adjourn from day to day, and may
be authorized to compel the Attendance of absent Members, in such Manner,
and under such Penalties as each House may provide.
Each House
may determine the Rules of its Proceedings, punish its Members for disorderly
Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House
shall keep a Journal of its Proceedings, and from time to time publish
the same, excepting such Parts as may in their Judgment require Secrecy;
and the Yeas and Nays of the Members of either House on any question
shall, at the Desire of one fifth of those Present, be entered on the
Journal.
Neither
House, during the Session of Congress, shall, without the Consent of
the other, adjourn for more than three days, nor to any other Place
than that in which the two Houses shall be sitting.
Section.
6.
The Senators
and Representatives shall receive a Compensation for their Services,
to be ascertained by Law, and paid out of the Treasury of the United
States. They shall in all Cases, except Treason, Felony and Breach of
the Peace, be privileged from Arrest during their Attendance at the
Session of their respective Houses, and in going to and returning from
the same; and for any Speech or Debate in either House, they shall not
be questioned in any other Place.
No Senator
or Representative shall, during the Time for which he was elected, be
appointed to any civil Office under the Authority of the United States,
which shall have been created, or the Emoluments whereof shall have
been encreased during such time; and no Person holding any Office under
the United States, shall be a Member of either House during his Continuance
in Office.
Section.
7.
All Bills
for raising Revenue shall originate in the House of Representatives;
but the Senate may propose or concur with Amendments as on other Bills.
Every Bill
which shall have passed the House of Representatives and the Senate,
shall, before it become a Law, be presented to the President of the
United States: If he approve he shall sign it, but if not he shall return
it, with his Objections to that House in which it shall have originated,
who shall enter the Objections at large on their Journal, and proceed
to reconsider it.If after such Reconsideration two thirds of that House
shall agree to pass the Bill, it shall be sent, together with the Objections,
to the other House, by which it shall likewise be reconsidered, and
if approved by two thirds of that House, it shall become a Law. But
in all such Cases the Votes of both Houses shall be determined by yeas
and Nays, and the Names of the Persons voting for and against the Bill
shall be entered on the Journal of each House respectively. If any Bill
shall not be returned by the President within ten Days (Sundays excepted)
after it shall have been presented to him, the Same shall be a Law,
in like Manner as if he had signed it, unless the Congress by their
Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order,
Resolution, or Vote to which the Concurrence of the Senate and House
of Representatives may be necessary (except on a question of Adjournment)
shall be presented to the President of the United States; and before
the Same shall take Effect, shall be approved by him, or being disapproved
by him, shall be repassed by two thirds of the Senate and House of Representatives,
according to the Rules and Limitations prescribed in the Case of a Bill.
Section.
8.
The Congress
shall have Power To lay and collect Taxes, Duties, Imposts and Excises,
to pay the Debts and provide for the common Defence and general Welfare
of the United States; but all Duties, Imposts and Excises shall be uniform
throughout the United States;
To borrow
Money on the credit of the United States;
To regulate
Commerce with foreign Nations, and among the several States, and with
the Indian Tribes;
To establish
an uniform Rule of Naturalization, and uniform Laws on the subject of
Bankruptcies throughout the United States;
To coin
Money, regulate the Value thereof, and of foreign Coin, and fix the
Standard of Weights and Measures;
To provide
for the Punishment of counterfeiting the Securities and current Coin
of the United States;
To establish
Post Offices and post Roads;
To promote
the Progress of Science and useful Arts, by securing for limited Times
to Authors and Inventors the exclusive Right to their respective Writings
and Discoveries;
To constitute
Tribunals inferior to the supreme Court;
To define
and punish Piracies and Felonies committed on the high Seas, and Offences
against the Law of Nations;
To declare
War, grant Letters of Marque and Reprisal, and make Rules concerning
Captures on Land and Water;
To raise
and support Armies, but no Appropriation of Money to that Use shall
be for a longer Term than two Years;
To provide
and maintain a Navy;
To make
Rules for the Government and Regulation of the land and naval Forces;
To provide
for calling forth the Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions;
To provide
for organizing, arming, and disciplining, the Militia, and for governing
such Part of them as may be employed in the Service of the United States,
reserving to the States respectively, the Appointment of the Officers,
and the Authority of training the Militia according to the discipline
prescribed by Congress;
To exercise
exclusive Legislation in all Cases whatsoever, over such District (not
exceeding ten Miles square) as may, by Cession of particular States,
and the Acceptance of Congress, become the Seat of the Government of
the United States, and to exercise like Authority over all Places purchased
by the Consent of the Legislature of the State in which the Same shall
be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and
other needful Buildings;--And
To make
all Laws which shall be necessary and proper for carrying into Execution
the foregoing Powers, and all other Powers vested by this Constitution
in the Government of the United States, or in any Department or Officer
thereof.
Section.
9.
The Migration
or Importation of such Persons as any of the States now existing shall
think proper to admit, shall not be prohibited by the Congress prior
to the Year one thousand eight hundred and eight, but a Tax or duty
may be imposed on such Importation, not exceeding ten dollars for each
Person.
The Privilege
of the Writ of Habeas Corpus shall not be suspended, unless when in
Cases of Rebellion or Invasion the public Safety may require it.
No Bill
of Attainder or ex post facto Law shall be passed.
No Capitation,
or other direct, Tax shall be laid, unless in Proportion to the Census
or enumeration herein before directed to be taken.
No Tax
or Duty shall be laid on Articles exported from any State.
No Preference
shall be given by any Regulation of Commerce or Revenue to the Ports
of one State over those of another; nor shall Vessels bound to, or from,
one State, be obliged to enter, clear, or pay Duties in another.
No Money
shall be drawn from the Treasury, but in Consequence of Appropriations
made by Law; and a regular Statement and Account of the Receipts and
Expenditures of all public Money shall be published from time to time.
No Title
of Nobility shall be granted by the United States: And no Person holding
any Office of Profit or Trust under them, shall, without the Consent
of the Congress, accept of any present, Emolument, Office, or Title,
of any kind whatever, from any King, Prince, or foreign State.
Section.
10.
No State
shall enter into any Treaty, Alliance, or Confederation; grant Letters
of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing
but gold and silver Coin a Tender in Payment of Debts; pass any Bill
of Attainder, ex post facto Law, or Law impairing the Obligation of
Contracts, or grant any Title of Nobility.
No State
shall, without the Consent of the Congress, lay any Imposts or Duties
on Imports or Exports, except what may be absolutely necessary for executing
it's inspection Laws: and the net Produce of all Duties and Imposts,
laid by any State on Imports or Exports, shall be for the Use of the
Treasury of the United States; and all such Laws shall be subject to
the Revision and Controul of the Congress.
No State
shall, without the Consent of Congress, lay any Duty of Tonnage, keep
Troops, or Ships of War in time of Peace, enter into any Agreement or
Compact with another State, or with a foreign Power, or engage in War,
unless actually invaded, or in such imminent Danger as will not admit
of delay.
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Article.
II.
Section.
1.
The executive
Power shall be vested in a President of the United States of America.
He shall hold his Office during the Term of four Years, and, together
with the Vice President, chosen for the same Term, be elected, as follows:
Each State
shall appoint, in such Manner as the Legislature thereof may direct,
a Number of Electors, equal to the whole Number of Senators and Representatives
to which the State may be entitled in the Congress: but no Senator or
Representative, or Person holding an Office of Trust or Profit under
the United States, shall be appointed an Elector.
The Electors
shall meet in their respective States, and vote by Ballot for two Persons,
of whom one at least shall not be an Inhabitant of the same State with
themselves. And they shall make a List of all the Persons voted for,
and of the Number of Votes for each; which List they shall sign and
certify, and transmit sealed to the Seat of the Government of the United
States, directed to the President of the Senate. The President of the
Senate shall, in the Presence of the Senate and House of Representatives,
open all the Certificates, and the Votes shall then be counted. The
Person having the greatest Number of Votes shall be the President, if
such Number be a Majority of the whole Number of Electors appointed;
and if there be more than one who have such Majority, and have an equal
Number of Votes, then the House of Representatives shall immediately
chuse by Ballot one of them for President; and if no Person have a Majority,
then from the five highest on the List the said House shall in like
Manner chuse the President. But in chusing the President, the Votes
shall be taken by States, the Representation from each State having
one Vote; A quorum for this purpose shall consist of a Member or Members
from two thirds of the States, and a Majority of all the States shall
be necessary to a Choice. In every Case, after the Choice of the President,
the Person having the greatest Number of Votes of the Electors shall
be the Vice President. But if there should remain two or more who have
equal Votes, the Senate shall chuse from them by Ballot the Vice President.
The Congress
may determine the Time of chusing the Electors, and the Day on which
they shall give their Votes; which Day shall be the same throughout
the United States.
No Person
except a natural born Citizen, or a Citizen of the United States, at
the time of the Adoption of this Constitution, shall be eligible to
the Office of President; neither shall any Person be eligible to that
Office who shall not have attained to the Age of thirty five Years,
and been fourteen Years a Resident within the United States.
In Case
of the Removal of the President from Office, or of his Death, Resignation,
or Inability to discharge the Powers and Duties of the said Office,
the Same shall devolve on the Vice President, and the Congress may by
Law provide for the Case of Removal, Death, Resignation or Inability,
both of the President and Vice President, declaring what Officer shall
then act as President, and such Officer shall act accordingly, until
the Disability be removed, or a President shall be elected.
The President
shall, at stated Times, receive for his Services, a Compensation, which
shall neither be increased nor diminished during the Period for which
he shall have been elected, and he shall not receive within that Period
any other Emolument from the United States, or any of them.
Before
he enter on the Execution of his Office, he shall take the following
Oath or Affirmation:--"I do solemnly swear (or affirm) that I will
faithfully execute the Office of President of the United States, and
will to the best of my Ability, preserve, protect and defend the Constitution
of the United States."
Section.
2.
The President
shall be Commander in Chief of the Army and Navy of the United States,
and of the Militia of the several States, when called into the actual
Service of the United States; he may require the Opinion, in writing,
of the principal Officer in each of the executive Departments, upon
any Subject relating to the Duties of their respective Offices, and
he shall have Power to grant Reprieves and Pardons for Offences against
the United States, except in Cases of Impeachment.
He shall
have Power, by and with the Advice and Consent of the Senate, to make
Treaties, provided two thirds of the Senators present concur; and he
shall nominate, and by and with the Advice and Consent of the Senate,
shall appoint Ambassadors, other public Ministers and Consuls, Judges
of the supreme Court, and all other Officers of the United States, whose
Appointments are not herein otherwise provided for, and which shall
be established by Law: but the Congress may by Law vest the Appointment
of such inferior Officers, as they think proper, in the President alone,
in the Courts of Law, or in the Heads of Departments.
The President
shall have Power to fill up all Vacancies that may happen during the
Recess of the Senate, by granting Commissions which shall expire at
the End of their next Session.
Section.
3.
He shall
from time to time give to the Congress Information of the State of the
Union, and recommend to their Consideration such Measures as he shall
judge necessary and expedient; he may, on extraordinary Occasions, convene
both Houses, or either of them, and in Case of Disagreement between
them, with Respect to the Time of Adjournment, he may adjourn them to
such Time as he shall think proper; he shall receive Ambassadors and
other public Ministers; he shall take Care that the Laws be faithfully
executed, and shall Commission all the Officers of the United States.
Section.
4.
The President,
Vice President and all civil Officers of the United States, shall be
removed from Office on Impeachment for, and Conviction of, Treason,
Bribery, or other high Crimes and Misdemeanors.
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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.
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Article.
IV.
Section.
1.
Full Faith
and Credit shall be given in each State to the public Acts, Records,
and judicial Proceedings of every other State. And the Congress may
by general Laws prescribe the Manner in which such Acts, Records and
Proceedings shall be proved, and the Effect thereof.
Section.
2.
The Citizens
of each State shall be entitled to all Privileges and Immunities of
Citizens in the several States.
A Person
charged in any State with Treason, Felony, or other Crime, who shall
flee from Justice, and be found in another State, shall on Demand of
the executive Authority of the State from which he fled, be delivered
up, to be removed to the State having Jurisdiction of the Crime.
No Person
held to Service or Labour in one State, under the Laws thereof, escaping
into another, shall, in Consequence of any Law or Regulation therein,
be discharged from such Service or Labour, but shall be delivered up
on Claim of the Party to whom such Service or Labour may be due.
Section.
3.
New States
may be admitted by the Congress into this Union; but no new State shall
be formed or erected within the Jurisdiction of any other State; nor
any State be formed by the Junction of two or more States, or Parts
of States, without the Consent of the Legislatures of the States concerned
as well as of the Congress.
The Congress
shall have Power to dispose of and make all needful Rules and Regulations
respecting the Territory or other Property belonging to the United States;
and nothing in this Constitution shall be so construed as to Prejudice
any Claims of the United States, or of any particular State.
Section.
4.
The United
States shall guarantee to every State in this Union a Republican Form
of Government, and shall protect each of them against Invasion; and
on Application of the Legislature, or of the Executive (when the Legislature
cannot be convened), against domestic Violence.
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Article.
V.
The Congress,
whenever two thirds of both Houses shall deem it necessary, shall propose
Amendments to this Constitution, or, on the Application of the Legislatures
of two thirds of the several States, shall call a Convention for proposing
Amendments, which, in either Case, shall be valid to all Intents and
Purposes, as Part of this Constitution, when ratified by the Legislatures
of three fourths of the several States, or by Conventions in three fourths
thereof, as the one or the other Mode of Ratification may be proposed
by the Congress; Provided that no Amendment which may be made prior
to the Year One thousand eight hundred and eight shall in any Manner
affect the first and fourth Clauses in the Ninth Section of the first
Article; and that no State, without its Consent, shall be deprived of
its equal Suffrage in the Senate.
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Article.
VI.
All Debts
contracted and Engagements entered into, before the Adoption of this
Constitution, shall be as valid against the United States under this
Constitution, as under the Confederation.
This Constitution,
and the Laws of the United States which shall be made in Pursuance thereof;
and all Treaties made, or which shall be made, under the Authority of
the United States, shall be the supreme Law of the Land; and the Judges
in every State shall be bound thereby, any Thing in the Constitution
or Laws of any State to the Contrary notwithstanding.
The Senators
and Representatives before mentioned, and the Members of the several
State Legislatures, and all executive and judicial Officers, both of
the United States and of the several States, shall be bound by Oath
or Affirmation, to support this Constitution; but no religious Test
shall ever be required as a Qualification to any Office or public Trust
under the United States.
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Article.
VII.
The Ratification
of the Conventions of nine States, shall be sufficient for the Establishment
of this Constitution between the States so ratifying the Same.
The Word,
"the," being interlined between the seventh and eighth Lines
of the first Page, the Word "Thirty" being partly written
on an Erazure in the fifteenth Line of the first Page, The Words "is
tried" being interlined between the thirty second and thirty third
Lines of the first Page and the Word "the" being interlined
between the forty third and forty fourth Lines of the second Page.
Attest
William Jackson Secretary
Done in
Convention by the Unanimous Consent of the States present the Seventeenth
Day of September in the Year of our Lord one thousand seven hundred
and Eighty seven and of the Independence of the United States of America
the Twelfth In witness whereof We have hereunto subscribed our Names,
G°.
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