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