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The Constitution of the
United States: A Transcription
Note: The
following text is a transcription of the Constitution in its
original form.
Items that are hyperlinked have since been amended or superseded.
We
the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for
the common 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.
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.
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.
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.
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.
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.
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.
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.
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
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
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
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 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.
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
Capitation, or other direct, Tax shall be laid, unless
in Proportion to the Census or enumeration herein before directed
to be taken.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 Independance of the United States of
America the Twelfth In witness whereof We have hereunto subscribed
our Names,
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