[Constitution for the United States of America][1]
[Enacted September 17, 1787]
We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the
common defence, promote the general Welfare, and secure the Blessings of
Liberty to ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.
Article. I. [Legislative Office]
Section. 1.[2] 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 [Modified
by Amendment XVII], 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 [Modified
by Amendment XVII].
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 [Modified
by Amendment XX], 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;[3] 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. [Executive Office]
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 [Modified
by Amendment XII].
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 [Modified
by Amendment XXV].
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. [Judicial Office]
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 [Modified
by Amendment XI]; — 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. [State & Federal Government]
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 [Modified
by Amendment XIII].
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. [Enactment of Amendments]
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 [Possibly
abrogated by Amendment XVII].
Article. VI. [Constitution Supreme Law]
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. [Ratification]
The Ratification of the Conventions of nine States, shall be
sufficient for the Establishment of this Constitution between the States
so ratifying the Same.
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,
George WASHINGTON — President (and deputy from Virginia)
- 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. FITZ SIMONS
JARED INGERSOLL
JAMES WILSON
GOUV MORRIS
- 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
In Convention Monday, September 17th,
1787.Present
The States of
New Hampshire, Massachusetts, Connecticut, MR.
Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South Carolina and Georgia.
Resolved,
That the preceeding Constitution be laid before the United States in
Congress assembled, and that it is the Opinion of this Convention, that
it should afterwards be submitted to a Convention of Delegates, chosen
in each State by the People thereof, under the Recommendation of its
Legislature, for their Assent and Ratification; and that each Convention
assenting to, and ratifying the Same, should give Notice thereof to the
United States in Congress assembled. Resolved, That it is the Opinion of
this Convention, that as soon as the Conventions of nine States shall
have ratified this Constitution, the United States in Congress assembled
should fix a Day on which Electors should be appointed by the States
which have ratified the same, and a Day on which the Electors should
assemble to vote for the President, and the Time and Place for
commencing Proceedings under this Constitution. That after such
Publication the Electors should be appointed, and the Senators and
Representatives elected: That the Electors should meet on the Day fixed
for the Election of the President, and should transmit their Votes
certified, signed, sealed and directed, as the Constitution requires, to
the Secretary of the United States in Congress assembled, that the
Senators and Representatives should convene at the Time and Place
assigned; that the Senators should appoint a President of the Senate,
for the sole purpose of receiving, opening and counting the Votes for
President; and, that after he shall be chosen, the Congress, together
with the President, should, without Delay, proceed to execute this
Constitution.
By the Unanimous Order of the Convention
Go. WASHINGTON —
President.
W. JACKSON Secretary.
U.S. Constitution Bill of Rights
Congress OF THE United States begun and held at the City of New-York,
on Wednesday the Fourth of March, one thousand seven hundred and eighty
nine. THE Conventions of a number of the States having at the time of
their adopting the Constitution, expressed a desire, in order to prevent
misconstruction or abuse of its powers, that further declaratory and
restrictive clauses should be added: And as extending the ground of
public confidence in the Government, will best insure the beneficent
ends of its institution RESOLVED by the Senate and House of
Representatives of the United States of America, in Congress assembled,
two thirds of both Houses concurring, that the following Articles be
proposed to the Legislatures of the several States, as Amendments to the
Constitution of the United States, all or any of which Articles, when
ratified by three fourths of the said Legislatures, to be valid to all
intents and purposes, as part of the said Constitution; viz.: ARTICLES
in addition to, and Amendment of the Constitution of the United States
of America, proposed by Congress, and ratified by the Legislatures of
the several States, pursuant to the fifth Article of the original
Constitution.
Article the first [Not Ratified]
After the first enumeration required by the first Article of the
Constitution, there shall be one Representative for every thirty
thousand, until the number shall amount to one hundred, after which the
proportion shall be so regulated by Congress, that there shall be not
less than one hundred Representatives, nor less than one Representative
for every forty thousand persons, until the number of Representatives
shall amount to two hundred; after which the proportion shall be so
regulated by Congress, that there shall not be less than two hundred
Representatives, nor more than one Representative for every fifty
thousand persons.
Article the second [Amendment XXVII - Ratified 1992]
No law, varying the compensation for the services of the Senators and
Representatives, shall take effect, until an election of Representatives
shall have intervened.
Article the third [Amendment I] [Free
Speech, Religion, Press & Protests]
[PROPOSED: September 25th, 1789; ratified December 15th, 1791]
Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.
Article the fourth [Amendment II] [Right to
Own & Carry Guns/Arms]
[PROPOSED: September 25th, 1789; ratified December 15th, 1791]
A well regulated Militia, being necessary to the security of a free
State, the right of the people to keep and bear arms, shall not be
infringed.
Article the fifth [Amendment III] [No
Soldiers In Your Home]
[PROPOSED: September 25th, 1789; ratified December 15th, 1791]
No Soldier shall, in time of peace be quartered in any house, without
the consent of the Owner, nor in time of war, but in a manner to be
prescribed by law.
Article the sixth [Amendment IV] [No Search
or Seizure Without Probable Cause & Oath/Affirmation]
[PROPOSED: September 25th, 1789; ratified December 15th, 1791]
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures, shall
not be violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
Article the seventh [Amendment V] [Grand
Jury; Only Tried Once; Remain Silent; Due Process; Just Compensation]
[PROPOSED: September 25th, 1789; ratified December 15th, 1791]
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a Grand Jury,
except in cases arising in the land or naval forces, or in the Militia,
when in actual service in time of War or public danger; nor shall any
person be subject for the same offence to be twice put in jeopardy of
life or limb; nor shall be compelled in any criminal case to be a
witness against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be taken for
public use, without just compensation.
Article the eighth [Amendment VI] [Speedy
Jury Trial With Counsel & Questioning Accuser for All Criminal Cases
Where Crime Committed]
[PROPOSED: September 25th, 1789; ratified December 15th, 1791]
In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the witnesses against
him; to have compulsory process for obtaining witnesses in his favor,
and to have the Assistance of Counsel for his defence.
Article the ninth [Amendment VII] [Right To
Unchallenged Trial By Jury Under Common Law]
[PROPOSED: September 25th, 1789; ratified December 15th, 1791]
In Suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be preserved, and no
fact tried by a jury, shall be otherwise re-examined in any Court of the
United States, than according to the rules of the common law.
Article the tenth [Amendment VIII]
[Reasonable Bail & Punishment]
[PROPOSED: September 25th, 1789; ratified December 15th, 1791]
Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
Article the eleventh [Amendment IX] [Rights
Shall Not Diminish]
[PROPOSED: September 25th, 1789; ratified December 15th, 1791]
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
Article the twelfth [Amendment X]
[Limitation of Federal Power]
[PROPOSED: September 25th, 1789; ratified December 15th, 1791]
The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the people.
ATTEST: Frederick Augustus Muhlenberg, Speaker of the House of
Representatives
[Article. XI.] [Amendment XI] [Only Jury
Power in Suits Against State]
[PROPOSED: March 4th, 1794; ratified February 7th, 1795; declared
ratified January 8th, 1798]
The Judicial power of the United States shall not be construed to extend
to any suit in law or equity, commenced or prosecuted against one of the
United States by Citizens of another State, or by Citizens or Subjects
of any Foreign State.
[Article. XII.] [Amendment XII] [Election
of President & Vice President]
[PASSED: both Houses December 9th, 1803; proposed (signed) December
12th, 1803; declared ratified September 25th 1804.]
The Electors shall meet in their respective states, and vote by ballot
for President and Vice-President, one of whom, at least, shall not be an
inhabitant of the same state with themselves; they shall name in their
ballots the person voted for as President, and in distinct ballots the
person voted for as Vice-President, and they shall make distinct lists
of all persons voted for as President, and of all persons voted for as
Vice-President, and of the number of votes for each, which lists they
shall sign and certify, and transmit sealed to the seat of the
government of the United States, directed to the President of the
Senate; — The President of the Senate shall, in the presence of the
Senate and House of Representatives, open all the certificates and the
votes shall then be counted; — The person having the greatest number of
votes for President, shall be the President, if such number be a
majority of the whole number of Electors appointed; and if no person
have such majority, then from the persons having the highest numbers not
exceeding three on the list of those voted for as President, the House
of Representatives shall choose immediately, by ballot, the President.
But in choosing the President, the votes shall be taken by states, the
representation from each state having one vote; a quorum for this
purpose shall consist of a member or members from two-thirds of the
states, and a majority of all the states shall be necessary to a choice.
And if the House of Representatives shall not choose a President
whenever the right of choice shall devolve upon them, before the fourth
day of March next following, then the Vice-President shall act as
President, as in the case of the death or other constitutional
disability of the President. — The person having the greatest number of
votes as Vice-President, shall be the Vice-President, if such number be
a majority of the whole number of Electors appointed, and if no person
have a majority, then from the two highest numbers on the list, the
Senate shall choose the Vice-President; a quorum for the purpose shall
consist of two-thirds of the whole number of Senators, and a majority of
the whole number shall be necessary to a choice. But no person
constitutionally ineligible to the office of President shall be eligible
to that of Vice-President of the United States.
Article XII [Amendment XIII-I]
[Titles of Nobility]
[Proposed 1810; Ratified 1819]
If any Citizen of the United States shall accept, claim, receive or
retain any Title of Nobility or Honour, or shall, without the Consent of
Congress, accept and retain any present, Pension, Office or Emolument of
any kind whatever, from any Emperor, King, Prince or foreign Power, such
Person shall cease to be a Citizen of the United States, and shall be
incapable of holding any Office of Trust or Profit under them, or either
of them.
NOTE: Following the British invasion and burning of the White House
and the unlawful 'Civil' War, there is question as to whether any
Amendments to the Constitution following the 13th Amendment (proposed in
1810 and ratified in 1819), are lawful.
Article XIII.
[Proposed 1861; Endorsed by Lincoln while president-elect; Un-ratified [1]
No amendment shall be made to the Constitution which will authorize
or give to Congress the power to abolish or interfere, within any State,
with the domestic institutions thereof, including that of persons held
to labor or service by the laws of said State.
Article. XIII. [Amendment XIII-II]
[Slavery]
[PROPOSED: January 31st, 1865; ratified December 6th, 1865; certified
December 18th, 1865]
Section. 1. Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly convicted,
shall exist within the United States, or any place subject to their
jurisdiction.
Section. 2. Congress shall have power to enforce this article by
appropriate legislation.
Article. XIV. [Amendment XIV] []
[PROPOSED: June 13th, 1866; allegedly ratified July 9th, 1868; allegedly
certified July 28th, 1868]
Section. 1. All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States
and of the State wherein they reside. No State shall make or enforce any
law which shall abridge the privileges or immunities of citizens of the
United States; nor shall any State deprive any person of life, liberty,
or property, without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws.
Section. 2. Representatives shall be apportioned among the several
States according to their respective numbers, counting the whole number
of persons in each State, excluding Indians not taxed. But when the
right to vote at any election for the choice of electors for President
and Vice President of the United States, Representatives in Congress,
the Executive and Judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants of such
State, being twenty-one years of age, and citizens of the United States,
or in any way abridged, except for participation in rebellion, or other
crime, the basis of representation therein shall be reduced in the
proportion which the number of such male citizens shall bear to the
whole number of male citizens twenty-one years of age in such State.
Section. 3. No person shall be a Senator or Representative in
Congress, or elector of President and Vice President, or hold any
office, civil or military, under the United States, or under any State,
who, having previously taken an oath, as a member of Congress, or as an
officer of the United States, or as a member of any State legislature,
or as an executive or judicial officer of any State, to support the
Constitution of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the enemies
thereof. But Congress may by a vote of two-thirds of each House, remove
such disability.
Section. 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pensions and
bounties for services in suppressing insurrection or rebellion, shall
not be questioned. But neither the United States nor any State shall
assume or pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss or
emancipation of any slave; but all such debts, obligations and claims
shall be held illegal and void.
Section. 5. The Congress shall have power to enforce, by appropriate
legislation, the provisions of this article.
Article. XV. [Amendment XV]
[Everyone Votes]
[PROPOSED: February 26th, 1869; ratified February 3rd, 1870; certified
March 30th, 1870]
Section. 1. The right of citizens of the United States to vote shall not
be denied or abridged by the United States or by any State on account of
race, color, or previous condition of servitude.
Section. 2. The Congress shall have power to enforce this article by
appropriate legislation.
Article. XVI. [Amendment
XVI] [Income Tax - Unconstitutional & Not Ratified]
[PROPOSED: July 2nd, 1909; fraudulently claimed ratified February 3rd,
1913; fraudulently claimed certified February 25th, 1913 - Violates
Article I, Sec 2, 8 & 9 - Failed Ratification Secretary of State Knox fraudulently
claimed ratification in 1913]
The Congress shall have power to lay and collect taxes on incomes, from
whatever source derived, without apportionment among the several States,
and without regard to any census or enumeration.
Article. XVII. [Amendment XVII] [Voting In
Senators - Unconstitutional]
[PROPOSED: May13th, 1912; ratified April 8th, 1913; certified May 31st,
1913. Violates Article V, Clause 3]
The Senate of the United States shall be composed of two Senators from
each State, elected by the people thereof, for six years; and each
Senator shall have one vote. The electors in each State shall have the
qualifications requisite for electors of the most numerous branch of the
State legislatures.
When vacancies happen in the representation of any State in the
Senate, the executive authority of such State shall issue writs of
election to fill such vacancies: Provided, That the legislature of any
State may empower the executive thereof to make temporary appointments
until the people fill the vacancies by election as the legislature may
direct.
This amendment shall not be so construed as to affect the election or
term of any Senator chosen before it becomes valid as part of the
Constitution.
Article. [XVIII.] [Amendment XVIII]
[Prohibition - Unconstitutional - Repealed]
[PROPOSED: December 18th, 1917; ratified January 16th, 1919; certified
January 29th, 1919 violates 9th Amendment: REPEALED by the 21st
Amendment]
Section. 1. After one year from the ratification of this article the
manufacture, sale, or transportation of intoxicating liquors within, the
importation thereof into, or the exportation thereof from the United
States and all territory subject to the jurisdiction thereof for
beverage purposes is hereby prohibited.
Section. 2. The Congress and the several States shall have concurrent
power to enforce this article by appropriate legislation.
Section. 3. This article shall be inoperative unless it shall have
been ratified as an amendment to the Constitution by the legislatures of
the several States, as provided in the Constitution, within seven years
from the date of the submission hereof to the States by the Congress.
Article. [XIX.] [Amendment XIX] [Women's
Vote]
[PROPOSED: June 4th, 1919; ratified August 18th, 1920; certified August
26th, 1920]
The right of citizens of the United States to vote shall not be denied
or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate
legislation.
[Unratified Article.]
[Proposed 1926; Unratified]
Article —
Section. 1. The Congress shall have power to limit, regulate, and
prohibit the labor of persons under eighteen years of age.
Section. 2. The power of the several States is unimpaired by this
article except that the operation of State laws shall be suspended to
the extent necessary to give effect to legislation enacted by the
Congress.
Article. [XX.] [Amendment XX] [Presidential
& Congressional Terms]
[PROPOSED: March 2, 1902; ratified January 23rd, 1933; certified
February 6th, 1933]
Section. 1. The terms of the President and Vice President shall end at
noon on the 20th day of January, and the terms of Senators and
Representatives at noon on the 3d day of January, of the years in which
such terms would have ended if this article had not been ratified; and
the terms of their successors shall then begin.
Section. 2. The Congress shall assemble at least once in every year,
and such meeting shall begin at noon on the 3d day of January, unless
they shall by law appoint a different day.
Section. 3. If, at the time fixed for the beginning of the term of
the President, the President elect shall have died, the Vice President
elect shall become President. If a President shall not have been chosen
before the time fixed for the beginning of his term, or if the President
elect shall have failed to qualify, then the Vice President elect shall
act as President until a President shall have qualified; and the
Congress may by law provide for the case wherein neither a President
elect nor a Vice President elect shall have qualified, declaring who
shall then act as President, or the manner in which one who is to act
shall be selected, and such person shall act accordingly until a
President or Vice President shall have qualified.
Section. 4. The Congress may by law provide for the case of the death
of any of the persons from whom the House of Representatives may choose
a President whenever the right of choice shall have devolved upon them,
and for the case of the death of any of the persons from whom the Senate
may choose a Vice President whenever the right of choice shall have
devolved upon them.
Section. 5. Sections 1 and 2 shall take effect on the 15th day of
October following the ratification of this article.
Section. 6. This article shall be inoperative unless it shall have
been ratified as an amendment to the Constitution by the legislatures of
three-fourths of the several States within seven years from the date of
its submission.
Article. [XXI.] [Amendment XXI] [Repealed
Prohibition Article XVIII]
[PROPOSED: February 20th, 1933; ratified December 5th, 1933; certified
December 5th, 1933]
Section. 1. The eighteenth article of amendment to the Constitution of
the United States is hereby repealed.
Section. 2. The transportation or importation into any State,
Territory, or possession of the United States for delivery or use
therein of intoxicating liquors, in violation of the laws thereof, is
hereby prohibited.
Section. 3. This article shall be inoperative unless it shall have
been ratified as an amendment to the Constitution by conventions in the
several States, as provided in the Constitution, within seven years from
the date of the submission hereof to the States by the Congress.
Article. [XXII.] [Amendment XXII]
[Presidential Term]
[PROPOSED: March 24th, 1947; ratified February 27th, 1951; certified
March 1st, 1951]
Section. 1. No person shall be elected to the office of the President
more than twice, and no person who has held the office of President, or
acted as President, for more than two years of a term to which some
other person was elected President shall be elected to the office of the
President more than once. But this Article shall not apply to any person
holding the office of President when this Article was proposed by the
Congress, and shall not prevent any person who may be holding the office
of President, or acting as President, during the term within which this
Article becomes operative from holding the office of President or acting
as President during the remainder of such term.
Section. 2. This article shall be inoperative unless it shall have
been ratified as an amendment to the Constitution by the legislatures of
three-fourths of the several States within seven years from the date of
its submission to the States by the Congress.
Article. [XXIII.] [Amendment XXIII]
[District of Columbia]
[PROPOSED: June 16th, 1960; ratified March 29th, 1951; certified April
3, 1961]
Section. 1. The District constituting the seat of Government of the
United States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President equal to the
whole number of Senators and Representatives in Congress to which the
District would be entitled if it were a State, but in no event more than
the least populous State; they shall be in addition to those appointed
by the States, but they shall be considered, for the purposes of the
election of President and Vice President, to be electors appointed by a
State; and they shall meet in the District and perform such duties as
provided by the twelfth article of amendment.
Section. 2. The Congress shall have power to enforce this article by
appropriate legislation.
Article. [XXIV.] [Amendment XXIV] [Tax
Protestors Can Vote]
[PROPOSED: September 14th, 1962;; ratified January 23rd, 1964; certified
February 4th, 1964]
Section. 1. The right of citizens of the United States to vote in any
primary or other election for President or Vice President, for electors
for President or Vice President, or for Senator or Representative in
Congress, shall not be denied or abridged by the United States or any
State by reason of failure to pay any poll tax or other tax.
Section. 2. The Congress shall have power to enforce this article by
appropriate legislation.
Article. [XXV.] [Amendment XXV] [Vice
President Terms]
[PROPOSED: July 6th, 1965; certified February 23rd, 1967]
Section. 1. In case of the removal of the President from office or of
his death or resignation, the Vice President shall become President.
Section. 2. Whenever there is a vacancy in the office of the Vice
President, the President shall nominate a Vice President who shall take
office upon confirmation by a majority vote of both Houses of Congress.
Section. 3. Whenever the President transmits to the President pro
tempore of the Senate and the Speaker of the House of Representatives
his written declaration that he is unable to discharge the powers and
duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be discharged
by the Vice President as Acting President.
Section. 4. Whenever the Vice President and a majority of either the
principal officers of the executive departments or of such other body as
Congress may by law provide, transmit to the President pro tempore of
the Senate and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and
duties of his office, the Vice President shall immediately assume the
powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore
of the Senate and the Speaker of the House of Representatives his
written declaration that no inability exists, he shall resume the powers
and duties of his office unless the Vice President and a majority of
either the principal officers of the executive department or of such
other body as Congress may by law provide, transmit within four days to
the President pro tempore of the Senate and the Speaker of the House of
Representatives their written declaration that the President is unable
to discharge the powers and duties of his office. Thereupon Congress
shall decide the issue, assembling within forty-eight hours for that
purpose if not in session. If the Congress, within twenty-one days after
receipt of the latter written declaration, or, if Congress is not in
session, within twenty-one days after Congress is required to assemble,
determines by two-thirds vote of both Houses that the President is
unable to discharge the powers and duties of his office, the Vice
President shall continue to discharge the same as Acting President;
otherwise, the President shall resume the powers and duties of his
office.
Article. [XXVI.] [Amendment XCVI] [Voting
Age 18]
[PROPOSED: March 23rd, 1971; ratified July 1st, 1971; certified July
7th, 1971]
Section. 1. The right of citizens of the United States, who are eighteen
years of age or older, to vote shall not be denied or abridged by the
United States or by any State on account of age.
Section. 2. The Congress shall have power to enforce this article by
appropriate legislation.
[Inoperative Article.]
[Proposed 1972; Expired Unratified 1982]
Article —
Section. 1. Equality of rights under the law shall not be denied or
abridged by the United States or by any State on account of sex.
Section. 2. The Congress shall have the power to enforce, by
appropriate legislation, the provisions of this article.
Section. 3. This amendment shall take effect two years after the date
of ratification.
[Inoperative Article.]
[Proposed 1978; Expired Unratified 1985]
Article —
Section. 1. For purposes of representation in the Congress, election
of the President and Vice President, and article V of this Constitution,
the District constituting the seat of government of the United States
shall be treated as though it were a State.
Section. 2. The exercise of the rights and powers conferred under
this article shall be by the people of the District constituting the
seat of government, and as shall be provided by the Congress.
Section. 3. The twenty-third article of amendment to the Constitution
of the United States is hereby repealed.
Section. 4. This article shall be inoperative, unless it shall have
been ratified as an amendment to the Constitution by the legislatures of
three-fourths of the several States within seven years from the date of
its submission.
Article. [XXVII.] [Amendment XXVII]
[Congressional Compensation]
[PROPOSED: September 25th, 1789 (2nd Article); ratified May 7th, 1992;
certified May 18th 1992]
No law, varying the compensation for the services of the Senators and
Representatives, shall take effect, until an election of Representatives
shall have intervened.
Notes:
1. The title was not a part of the original document.
It was added when the document was printed.
2. Section numbers are not in the original document.
We have added them here without putting all of them in brackets.
3. Scanned images show this as a semi-colon, but an
image at a congressional site shows a comma.
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