Article 1 - The
Legislative Branch
Section
1 - The Legislature
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
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
3, Massachusetts 8, Rhode Island and Providence Plantations 1,
Connecticut 5, New York 6, New Jersey 4, Pennsylvania 8,
Delaware 1, Maryland 6, Virginia 10, North Carolina 5, South
Carolina 5 and Georgia 3].
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
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 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 - Organization of Congress
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 place 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 - Membership, Rules, Journals,
Adjournment
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 – Compensation
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 - Revenue Bills,
Legislative Process, Presidential
Veto
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 re-passed by two-thirds of the Senate and House of
Representatives, according to the rules and limitations
prescribed in the case of a bill.
Section
8 - Powers Granted to Congress
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 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 offenses against the law of
nations;
To
declare war, grant letters of manqué 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 -
Powers Forbidden to Congress
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 - Powers Forbidden to the States
No state
shall enter into any treaty, alliance, or confederation; grant
letters of manqué 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 its inspection laws: and the net
produce of all duties and imposts, laid by any state on
imports or exports, shall be for the use of the treasury of
the United States, and all such laws shall be subject to the
revision and control of the Congress.
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 2 - The
Executive Branch
Section
1 - The President
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 -
Civilian Power over Military, Cabinet, Pardon Power,
Appointments
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 - State of the Union, Convening
Congress
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 – Disqualification
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 3 - The
Judicial Branch
Section
1 - Judicial Powers
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 behavior, and shall, at stated times, receive for
their services, a compensation, which shall not be diminished
during
their
continuance in office.
Section
2 - Trial by Jury, Original Jurisdiction, Jury
Trials
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.
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
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 4 -
Relation of the States to Each Other
Section
1 - Each State to Honor all others
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 - State Citizens, Extradition
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
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 - Republican Government
The
United States shall guarantee to every state in this Union a
republican form of government, and shall protect each of them
against invasion; and on application of the legislature, or of
the executive (when the legislature cannot be convened)
against domestic violence.
Article 5 -
Amending the Constitution
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.
Article 6 -
National Debts, Supremacy of the National
Government
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, anything
in the constitution or laws of any state to the contrary
notwithstanding.
The
senators and representatives before mentioned, and the members
of the several state legislatures, and all executive and
judicial officers, both of the United States and of the
several states, shall be bound by oath or affirmation, to
support this Constitution; but no religious test shall ever be
required as a qualification to any office or public trust
under the United States.
Article 7 -
Ratifying the Constitution
The
ratification of the conventions of nine states, shall be
sufficient for the establishment of this Constitution between
the states so ratifying the same.
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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.