Constitution for the united States
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 Power herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
SECTION 2
[CLAUSE 1]
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 the Electors of the most numerous Branch of the State Legislature.
[CLAUSE 2]
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.
[CLAUSE 3]
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Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, Georgia three (Superseded by the census of 1790).
[CLAUSE 4]
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
[CLAUSE 5]
The house of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
SECTION 3
[CLAUSE 1]
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.
[CLAUSE 2]
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally 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; (Superseded by the convening of the Fourth Constitutional Congress.) 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.
[CLAUSE 3]
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.
[CLAUSE 4]
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
[CLAUSE 5]
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.
[CLAUSE 6]
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.
[CLAUSE 7]
Judgement 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, Judgement and Punishment, according to Law.
SECTION 4
[CLAUSE 1]
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.
[CLAUSE 2]
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
[CLAUSE 1]
Each House shall be the Judge of 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.
[CLAUSE 2]
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.
[CLAUSE 3]
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.
[CLAUSE 4]
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
[CLAUSE 1]
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.
[CLAUSE 2]
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
[CLAUSE 1]
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.
[CLAUSE 2]
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes 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 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 it he signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
[CLAUSE 3]
Every Order, Resolution, or Vote to which Concurrence of the Senate and House of Representatives may be necessary (except in 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
[CLAUSE 1]
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; but all Duties, Imposts and Excises shall be uniform throughout the United States;
[CLAUSE 2]
To borrow Money on the credit of the United States;
[CLAUSE 3]
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
[CLAUSE 4]
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
[CLAUSE 5]
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
[CLAUSE 6]
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
[CLAUSE 7]
To establish Post Offices and post Roads;
[CLAUSE 8]
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;
[CLAUSE 9]
To constitute Tribunals inferior to the supreme Court;
[CLAUSE 10]
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Laws of Nations;
[CLAUSE 11]
To declare War, grant Letter of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
[CLAUSE 12]
To raise and support Armies, but no Appropriation of Money to that use shall be for a longer Term than two Years;
[CLAUSE 13]
To provide and maintain a Navy;
[CLAUSE 14]
To make Rules for the Government and Regulation of the land and naval Forces;
[CLAUSE 15]
To provide for the calling forth the Militia to execute the Laws of the Union; suppress Insurrections and repel Invasions;
[CLAUSE 16]
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;
[CLAUSE 17]
To exercise 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 States in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-yards, and other needful Buildings;–And
[CLAUSE 18]
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and other Powers vested by this Constitution in the Government of the United States, or in any Department of Officer thereof.
SECTION 9
[CLAUSE 1]
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.
[CLAUSE 2]
The Privilege of the Writ of Habeas Corpus shall not be suspended by the Congress, unless when in Cases of Rebellion or Invasion the public Safety may require it.
[CLAUSE 3]
No Bill of Attainder or ex post facto Law shall be passed.
[CLAUSE 4]
No Capitation, or other direct Tax be laid, unless in Proportion to the Census or Enumeration hereinbefore directed to be taken.
[CLAUSE 5]
No Tax or Duty shall be laid on Articles exported from any State.
[CLAUSE 6]
No preference shall be given by any Regulation of Commerce or Revenue to 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.
[CLAUSE 7]
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.
[CLAUSE 8]
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
[CLAUSE 1]
No State shall enter into any Treaty, Alliance, or Confederation; grant Letter of Marque or 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.
[CLAUSE 2]
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.
[CLAUSE 3]
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, 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
[CLAUSE 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:
[CLAUSE 2]
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 of Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
[CLAUSE 3]
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 the 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 Representatives from each State having one Vote; a quorum for this Purpose shall consist of a Member of 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 Article XII of Amendment.).
[CLAUSE 4]
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.
[CLAUSE 5]
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.
[CLAUSE 6]
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.
[CLAUSE 7]
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased 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.
[CLAUSE 8]
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
[CLAUSE 1]
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.
[CLAUSE 2]
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, by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Counsels, 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.
[CLAUSE 3]
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 Times 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 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
[CLAUSE 1]
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. (Modified by the Article XI of Amendment)
[CLAUSE 2]
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.
[CLAUSE 3]
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 Crime 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
[CLAUSE 1]
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 in the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
[CLAUSE 2]
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 attained.
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
[CLAUSE 1]
The citizens of each State shall be entitled to all Privileges and Immunities of Citizens of the several States.
[CLAUSE 2]
A person charged in any State with Treason, Felony, or any 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.
[CLAUSE 3]
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
[CLAUSE 1]
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.
[CLAUSE 2]
The Congress shall have Power to dispose of and make all needed 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 can not 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
SECTION 1
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.
SECTION 2
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 supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution of Laws of any States to the Contrary notwithstanding.
SECTION 3
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution to any Office or public Trust under the United States.
ARTICLE VII
SECTION 1
The ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
SECTION 2
Done in Convention by the Unanimous Consent of the States present the Seventeenth Year 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,
Attest G. Washington
President and Deputy from Virginia
William, Jackson, Secretary
NEW HAMSPHIRE DELAWARE
John Landgon Geo: Read
Nicholas Gilman Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
MASSACHUSETTS MARYLAND
Nataniel Gorham James McHenry
Rufus King Dan of St. Thos Jenifer
Danl Carrol
CONNECTICUT NORTH CAROLINA
Wm. Saml Johnson Wm. Blount
Roger Sherman Richd Dobbs Spaight
Hu Williamson
NEW YORK VIRGINIA
Alexander Hamilton John Blair
James Madison, Jr.
NEW JERSEY SOUTH CAROLINA
Wil: Livingston J. Rutledge
David Brearley Charles Cotesworth Pickney
Wm. Patterson Charles Pickney
John Dayton Pierce Butler
PENNSYLVANIA GEORGIA
Franklin William Few Abe Baldwin
Thomas Miflin
Robt Morris
Geo. Clymer
Thos FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris
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.
SCHEDULE
Resolved, that the preceding Constitution 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 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 shall 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 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 Unanimous Order of the Convention G. WASHINGTON, President
Jackson, Secretary
proposed by Congress: September 28, 1787
ratified by the States: June 21, 1788
PREAMBLE TO THE BILL OF RIGHTS
The conventions of a number of the States 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 this institution.
ARTICLE I OF AMENDMENT
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 II OF AMENDMENT
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 III OF AMENDMENT
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 IV OF AMENDMENT
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 V OF AMENDMENT
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 offense 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 VI OF AMENDMENT
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 VII OF AMENDMENT
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 VIII OF AMENDMENT
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
ARTICLE IX OF AMENDMENT
The enumeration of the Constitution, of certain rights, shall not be construed to deny of disparage others retained by the people.
ARTICLE X OF AMENDMENT
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 the people.
proposed by Congress: September 25, 1789
ratified by the States: December 15, 1791
ARTICLE XI OF AMENDMENT
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 States.
proposed by Congress: March 4, 1794
ratified by the States: January 8, 1798
ARTICLE XII OF AMENDMENT
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 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 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 a 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 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, of the whole numbers 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 this 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.
proposed by Congress: December 12, 1803
ratified by the States: September 25, 1804
The following Article of Amendment is suspected being deleted shortly after it was ratified. Although evidence of this remains doubtful, it is included for the check on arbitrary power it would have had: the supporters of this amendment claim it would have the effect of barring attorneys from elective office:
original ARTICLE XIII OF AMENDMENT
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.
proposed by Congress: April 27, 1810
Lincoln’s Gettysburg Address
“Preamble to the Second Constitution”
Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.
Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.
But, in a larger sense, we can not [sic] dedicate—we can not consecrate—we can not hallow—this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us—that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion—that we here highly resolve that these dead shall not have died in vain—that this nation, under God, shall have a new birth of freedom—and that government of the people, by the people, for the people, shall not perish from the earth.
Delivered: November 19, 1863
The following articles of amendment have been declared ratified. Although there is a variety of evidence which have cast doubts:
13th amendment
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.
proposed by Congress: January 31, 1865
declared ratified: December 18, 1865
14th amendment
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 States, 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 make 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 bases 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 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 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 States 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 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.
allegedly proposed by Congress: June 13, 1866
declared ratified: July 28, 1868
15th amendment
section 1
The right of the 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.
proposed by Congress: February 26, 1869
declared ratified: March 30, 1870
16th amendment
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.
allegedly proposed by Congress: July 12, 1909
declared ratified: February 25, 1913
17th amendment
section 1
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 the qualifications requisite for electors of the most numerous branch of the State Legislatures.
section 2
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 appointment until the people fill the vacancies by election as the Legislature may direct.
section 3
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.
allegedly proposed by Congress: May 13, 1912
declared ratified: May 31, 1913
18th 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.
allegedly proposed by CONgress: December 18, 1917
declared ratified: January 29, 1919
19th amendment
section 1
This 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.
section 2
Congress shall have power, by appropriate legislation, to enforce the provision this article.
allegedly proposed by CONgress: June 4, 1919
declared ratified: August 26, 1920
20th amendment
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 3rd day of January, of the year 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 3rd 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 President, the President elect shall have died, the Vice-President elect shall become President. If a President shall have failed to qualify, them 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 chose 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.
allegedly proposed by CONgress: March 2, 1932
declared ratified: February 6, 1933
21st amendment
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 intoxication 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 convention 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.
allegedly proposed by CONgress: February 20, 1933
declared ratified: December 5, 1933
United states v. Carolene Products, Footnote #4
“The Third Constitution”
There may be narrower scope for operation of the presumption of constitutionality when legislation appears on its face to be within a specific prohibition of the Constitution, such as those of the first ten amendments, which are deemed equally specific when held to be embraced within the Fourteenth. [case citations deleted]
It is unnecessary to consider now whether legislation which restricts those political processes which can ordinarily be expected to bring about repeal of undesirable legislation is to be subjected to more exacting judicial scrutiny under the general prohibitions of the Fourteenth Amendment than are most other types of legislation. On restrictions upon the right to vote [case citations deleted] on restraints upon the dissemination of information [case citations deleted] on interferences with political organizations [case citations deleted] as to prohibition of peaceable assembly [case citations deleted].
Nor need we enquire whether similar considerations enter into the review of statutes directed at particular religious, [case citations deleted] or racial minorities [case citations deleted] whether prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry [case citations deleted].
Decided: June 25, 1938
22nd amendment
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 persons 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 amendment to the Constitution by the legislatures of three-fourth of the several states within seven years from the date of its submission to the states by the Congress.
allegedly proposed by CONgress: March 24, 1947
declared ratified: March 1, 1951
23rd amendment
section 1
The District constituting the seat of the 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 even more than the least populous State; they shall be in addition to those appoint by the States, by 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 power to enforce this article by appropriate legislation.
allegedly proposed by Congress: June 16, 1960
declared ratified: April 3, 1961
24th amendment
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.
allegedly proposed by CONgress: September 24, 1962
declared ratified: February 4, 1964
25th amendment
section 1
In case of the removal of the President from the office or his death or his 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 the 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 department 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 fourteen 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 the Congress shall decide the issue, assembling within 48 hours for that purpose if not in session, If the Congress, within 21 days after receipt of the latter written declaration, or if Congress is not in session, with 21 days after Congress is required to assemble, determines by two-thirds vote of both house 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.
allegedly proposed by CONgress: July 6, 1965
declared ratified: February 23, 1967
26th amendment
section 1
The rights 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 any state on account of age.
section 2
The Congress shall have power to enforce this Article by appropriate legislation.
allegedly proposed by CONgress: March 23, 1971
declared ratified: July 7, 1971
ARTICLE XIII OF AMENDMENT
(“the MADISON AMENDMENT”)
No law, varying the amount of compensation for the services of the Senators and Representatives, shall take effect until, an election of Representatives shall have intervened.
proposed by Congress: September 25, 1789
declared ratified by the States: May 18, 1992
unratified Article of Amendment
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, 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.
proposed by Congress: September 25, 1789
Current U.s. National Debt:
