The Constitution of the United States: A Transcription
Note: The following text is a transcription of the Constitution
in its original form. Items that are hyperlinked have since been
amended or superseded.
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 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.
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.
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 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.
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.
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.
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
For biographies of the non-signing delegates to the Constitutional Convention,
see the Founding
Fathers page. |
