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Constitution for the United States of America
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 [Modified by Amendment XX], unless
they shall by Law appoint a different Day.
[Section 5.] Each House shall be the Judge of the Elections, Returns and
Qualifications of its own Members, and a Majority of each shall constitute
a Quorum to do Business; but a smaller Number may adjourn from day to day,
and may be authorized to compel the Attendance of absent Members, in such
Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members
for disorderly Behaviour, and, with the Concurrence of two thirds, expel a
Member.
Each House shall keep a Journal of its Proceedings, and from time to time
publish the same, excepting such Parts as may in their Judgment require
Secrecy; and the Yeas and Nays of the Members of either House on any
question shall, at the Desire of one fifth of those Present, be entered on
the Journal.
Neither House, during the Session of Congress, shall, without the Consent
of the other, adjourn for more than three days, nor to any other Place than
that in which the two Houses shall be sitting.
[Section 6.] The Senators and Representatives shall receive a Compensation
for their Services, to be ascertained by Law, and paid out of the Treasury
of the United States. They shall in all Cases, except Treason, Felony and
Breach of the Peace, be privileged from Arrest during their Attendance at
the Session of their respective Houses, and in going to and returning from
the same; and for any Speech or Debate in either House, they shall not be
questioned in any other Place.
No Senator or Representative shall, during the Time for which he was
elected, be appointed to any civil Office under the Authority of the United
States, which shall have been created, or the Emoluments whereof shall have
been encreased during such time; and no Person holding any Office under the
United States, shall be a Member of either House during his Continuance in
Office.
[Section 7.] All Bills for raising Revenue shall originate in the House of
Representatives; but the Senate may propose or concur with Amendments as on
other Bills.
Every Bill which shall have passed the House of Representatives and the
Senate, shall, before it become a Law, be presented to the President of the
United States; 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,
Go. Washington--Presidt.
and deputy from Virginia
New Hampshire {
John Langdon
Nicholas Gilman
Massachusetts {
Nathaniel Gorham
Rufus King
Connecticut {
Wm. Saml. Johnson
Roger Sherman
New York . . . .
Alexander Hamilton
New Jersey {
Wil: Livingston
David Brearley.
Wm. Paterson.
Jona: Dayton
Pennsylvania {
B Franklin
Thomas Mifflin
Robt Morris
Geo. Clymer
Thos. Fitz Simons
Jared Ingersoll
James Wilson
Gouv Morris
Delaware {
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
Maryland {
James Mchenry
Dan of St Thos. Jenifer
Danl Carroll
Virginia {
John Blair
James Madison
North Carolina {
Wm. Blount
Richd. Dobbs Spaight
Hu Williamson
South Carolina {
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler
Georgia {
William Few
Abr Baldwin
In Convention Monday, September 17th, 1787.
Present
The States of
New Hampshire, Massachusetts, Connecticut, Mr. Hamilton from New York, New
Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South
Carolina and Georgia.
Resolved,
That the preceeding Constitution be laid before the United States in
Congress assembled, and that it is the Opinion of this Convention, that it
should afterwards be submitted to a Convention of Delegates, chosen in each
State by the People thereof, under the Recommendation of its Legislature,
for their Assent and Ratification; and that each Convention assenting to,
and ratifying the Same, should give Notice thereof to the United States in
Congress assembled. Resolved, That it is the Opinion of this Convention,that as soon as the Conventions of nine States shall have ratified this
Constitution, the United States in Congress assembled should fix a Day on
which Electors should be appointed by the States which have ratified the
same, and a Day on which the Electors should assemble to vote for the
President, and the Time and Place for commencing Proceedings under this
Constitution. That after such Publication the Electors should be appointed,
and the Senators and Representatives elected: That the Electors should meet
on the Day fixed for the Election of the President, and should transmit
their Votes certified, signed, sealed and directed, as the Constitution
requires, to the Secretary of the United States in Congress assembled, that
the Senators and Representatives should convene at the Time and Place
assigned; that the Senators should appoint a President of the Senate, for
the sole purpose of receiving, opening and counting the Votes for
President; and, that after he shall be chosen, the Congress, together with
the President, should, without Delay, proceed to execute this Constitution.
By the Unanimous Order of the Convention
Go. Washington--Presidt.
W. Jackson Secretary.
------------------------------------------------------------------------
[Bill of Rights]
The conventions of a number of the States having at the time of their
adopting the Constitution, expressed a desire, in order to prevent
misconstruction or abuse of its powers, that further declaratory and
restrictive clauses should be added.
Article the first [Not Ratified]
After the first enumeration required by the first article of the
Constitution, there shall be one Representative for every thirty
thousand, until the number shall amount to one hundred, after
which the proportion shall be so regulated by Congress, that there
shall be not less than one hundred Representatives, nor less than
one Representative for every forty thousand persons, until the
number of Representatives shall amount to two hundred; after
which the proportion shall be so regulated by Congress, that there
shall not be less than two hundred Representatives, nor more than
one Representative for every fifty thousand persons.
Article the second [Amendment XXVII - Ratified 1992]
No law, varying the compensation for the services of the Senators
and Representatives, shall take effect, until an election of
Representatives shall have intervened.
Article the third [Amendment I]
Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of
grievances.
Article the fourth [Amendment II]
A well regulated Militia, being necessary to the security of a free
State, the right of the people to keep and bear Arms, shall not be
infringed.
Article the fifth [Amendment III]
No Soldier shall, in time of peace be quartered in any house,
without the consent of the Owner, nor in time of war, but in a
manner to be prescribed by law.
Article the sixth [Amendment IV]
The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures,
shall not be violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirmation, and particularly
describing the place to be searched, and the persons or things to
be seized.
Article the seventh [Amendment V]
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a Grand
Jury, except in cases arising in the land or naval forces, or in the
Militia, when in actual service in time of War or public danger; nor
shall any person be subject for the same offence to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal case
to be a witness against himself, nor be deprived of life, liberty, or
property, without due process of law; nor shall private property be
taken for public use, without just compensation.
Article the eighth [Amendment VI]
In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall
have been previously ascertained by law, and to be informed of the
nature and cause of the accusation; to be confronted with the
witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have the Assistance of Counsel for
his defence.
Article the ninth [Amendment VII ]
In Suits at common law, where the value in controversy shall
exceed twenty dollars, the right of trial by jury shall be preserved,
and no fact tried by a jury, shall be otherwise re-examined in any
Court of the United States, than according to the rules of the
common law.
Article the tenth [Amendment VIII ]
Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
Article the eleventh [Amendment IX]
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
Article the twelfth [Amendment X]
The powers not delegated to the United States by the Constitution,
nor prohibited by it to the States, are reserved to the States
respectively, or to the people.
------------------------------------------------------------------------
[Additional Amendments to the Constitution]
ARTICLES in addition to, and Amendment of, the Constitution of the United
States of America, proposed by Congress, and ratified by the Legislatures of
the several States, pursuant to the fifth Article of the original
Constitution
[Article. XI.]
[Proposed 1794; Ratified 1798]
The Judicial power of the United States shall not be construed to extend to
any suit in law or equity, commenced or prosecuted against one of the United
States by Citizens of another State, or by Citizens or Subjects of any
Foreign State.
[Article. XII.]
[Proposed 1803; Ratified 1804]
The Electors shall meet in their respective states, and vote by ballot for
President and Vice-President, one of whom, at least, shall not be an
inhabitant of the same state with themselves; they shall name in their
ballots the person voted for as President, and in distinct ballots the
person voted for as Vice-President, and they shall make distinct lists of
all persons voted for as President, and of all persons voted for as
Vice-President, and of the number of votes for each, which lists they shall
sign and certify, and transmit sealed to the seat of the government of the
United States, directed to the President of the Senate;-- The President of
the Senate shall, in the presence of the Senate and House of
Representatives, open all the certificates and the votes shall then be
counted;--The person having the greatest number of votes for President,
shall be the President, if such number be a majority of the whole number of
Electors appointed; and if no person have such majority, then from the
persons having the highest numbers not exceeding three on the list of those
voted for as President, the House of Representatives shall choose
immediately, by ballot, the President. But in choosing the President, the
votes shall be taken by states, the representation from each state having
one vote; a quorum for this purpose shall consist of a member or members
from two-thirds of the states, and a majority of all the states shall be
necessary to a choice. And if the House of Representatives shall not choose
a President whenever the right of choice shall devolve upon them, before the
fourth day of March next following, then the Vice-President shall act as
President, as in the case of the death or other constitutional disability of
the President.-- The person having the greatest number of votes as
Vice-President, shall be the Vice-President, if such number be a majority of
the whole number of Electors appointed, and if no person have a majority,
then from the two highest numbers on the list, the Senate shall choose the
Vice-President; a quorum for the purpose shall consist of two-thirds of the
whole number of Senators, and a majority of the whole number shall be
necessary to a choice. But no person constitutionally ineligible to the
office of President shall be eligible to that of Vice-President of the
United States.
[Contested Article.]
[Proposed 1810; Probably Ratified 1819]
If any Citizen of the United States shall accept, claim, receive or retain
any Title of Nobility or Honour, or shall, without the Consent of Congress,
accept and retain any present, Pension, Office or Emolument of any kind
whatever, from any Emperor, King, Prince or foreign Power, such Person shall
cease to be a Citizen of the United States, and shall be incapable of
holding any Office of Trust or Profit under them, or either of them.
[Unratified Article.]
[Proposed 1861; Endorsed by President-elect Lincoln; Unratified]
Article Thirteen.
No amendment shall be made to the Constitution which will authorize or give
to Congress the power to abolish or interfere, within any State, with the
domestic institutions thereof, including that of persons held to labor or
service by the laws of said State.
Article. XIII.
[Proposed 1865; Ratified 1865]
Section. 1. Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly convicted, shall
exist within the United States, or any place subject to their jurisdiction.
Section. 2. Congress shall have power to enforce this article by appropriate
legislation.
Article. XIV.
[Proposed 1866; Ratified Under Duress 1868]
Section. 1. All persons born or naturalized in the United States, and
subject to the jurisdiction thereof, are citizens of the United States and
of the State wherein they reside. No State shall make or enforce any law
which shall abridge the privileges or immunities of citizens of the United
States; nor shall any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
Section. 2. Representatives shall be apportioned among the several States
according to their respective numbers, counting the whole number of persons
in each State, excluding Indians not taxed. But when the right to vote at
any election for the choice of electors for President and Vice President of
the United States, Representatives in Congress, the Executive and Judicial
officers of a State, or the members of the Legislature thereof, is denied to
any of the male inhabitants of such State, being twenty-one years of age,
and citizens of the United States, or in any way abridged, except for
participation in rebellion, or other crime, the basis of representation
therein shall be reduced in the proportion which the number of such male
citizens shall bear to the whole number of male citizens twenty-one years of
age in such State.
Section. 3. No person shall be a Senator or Representative in Congress, or
elector of President and Vice President, or hold any office, civil or
military, under the United States, or under any State, who, having
previously taken an oath, as a member of Congress, or as an officer of the
United States, or as a member of any State legislature, or as an executive
or judicial officer of any State, to support the Constitution of the United
States, shall have engaged in insurrection or rebellion against the same, or
given aid or comfort to the enemies thereof. But Congress may by a vote of
two-thirds of each House, remove such disability.
Section. 4. The validity of the public debt of the United States, authorized
by law, including debts incurred for payment of pensions and bounties for
services in suppressing insurrection or rebellion, shall not be questioned.
But neither the United States nor any State shall assume or pay any debt or
obligation incurred in aid of insurrection or rebellion against the United
States, or any claim for the loss or emancipation of any slave; but all such
debts, obligations and claims shall be held illegal and void.
Section. 5. The Congress shall have power to enforce, by appropriate
legislation, the provisions of this article.
Article. XV.
[Proposed 1869; Ratified 1870]
Section. 1. The right of citizens of the United States to vote shall not be
denied or abridged by the United States or by any State on account of
race, color, or previous condition of servitude.
Section. 2. The Congress shall have power to enforce this article by
appropriate legislation.
Article. XVI.
[Proposed 1909; Questionably Ratified 1913]
The Congress shall have power to lay and collect taxes on incomes, from
whatever source derived, without apportionment among the several
States, and without regard to any census or enumeration.
[Article. XVII.]
[Proposed 1912; Ratified 1913; Possibly Unconstitutional (See
Article V, Clause 3 of the Constitution)]
The Senate of the United States shall be composed of two Senators from each
State, elected by the people thereof, for six years; and each Senator shall
have one vote. The electors in each State shall have the qualifications
requisite for electors of the most numerous branch of the State
legislatures.
When vacancies happen in the representation of any State in the Senate, the
executive authority of such State shall issue writs of election to fill such
vacancies: Provided, That the legislature of any State may empower the
executive thereof to make temporary appointments until the people fill the
vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term
of any Senator chosen before it becomes valid as part of the Constitution.
Article. [XVIII.]
[Proposed 1917; Ratified 1919; Repealed 1933 (See Amendment
XXI, Section 1</A>)]
Section. 1. After one year from the ratification of this article the
manufacture, sale, or transportation of intoxicating liquors within, the
importation thereof into, or the exportation thereof from the United States
and all territory subject to the jurisdiction thereof for beverage purposes
is hereby prohibited.
Section. 2. The Congress and the several States shall have concurrent power
to enforce this article by appropriate legislation.
Section. 3. This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the legislatures of the
several States, as provided in the Constitution, within seven years from the
date of the submission hereof to the States by the Congress.
Article. [XIX.]
[Proposed 1919; Ratified 1920]
The right of citizens of the United States to vote shall not be denied or
abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate
legislation.
[Unratified Article.]
[Proposed 1926; Unratified]
Article--
Section. 1. The Congress shall have power to limit, regulate, and prohibit
the labor of persons under eighteen years of age.
Section. 2. The power of the several States is unimpaired by this article
except that the operation of State laws shall be suspended to the extent
necessary to give effect to legislation enacted by the Congress.
Article. [XX.]
[Proposed 1932; Ratified 1933]
Section. 1. The terms of the President and Vice President shall end at
noon on the 20th day of January, and the terms of Senators and
Representatives at noon on the 3d day of January, of the years in which
such terms would have ended if this article had not been ratified; and the
terms of their successors shall then begin.
Section. 2. The Congress shall assemble at least once in every year, and
such meeting shall begin at noon on the 3d day of January, unless they shall
by law appoint a different day.
Section. 3. If, at the time fixed for the beginning of the term of the
President, the President elect shall have died, the Vice President elect
shall become President. If a President shall not have been chosen before the
time fixed for the beginning of his term, or if the President elect shall
have failed to qualify, then the Vice President elect shall act as President
until a President shall have qualified; and the Congress may by law provide
for the case wherein neither a President elect nor a Vice President elect
shall have qualified, declaring who shall then act as President, or the
manner in which one who is to act shall be selected, and such person shall
act accordingly until a President or Vice President shall have qualified.
Section. 4. The Congress may by law provide for the case of the death of any
of the persons from whom the House of Representatives may choose a President
whenever the right of choice shall have devolved upon them, and for the case
of the death of any of the persons from whom the Senate may choose a Vice
President whenever the right of choice shall have devolved upon them.
Section. 5. Sections 1 and 2 shall take effect on the 15th day of October
following the ratification of this article.
Section. 6. This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the legislatures of
three-fourths of the several States within seven years from the date of its
submission.
Article. [XXI.]
[Proposed 1933; Ratified 1933]
Section. 1. The eighteenth article of amendment to the Constitution of the
United States is hereby repealed.
Section. 2. The transportation or importation into any State, Territory, or
possession of the United States for delivery or use therein of intoxicating
liquors, in violation of the laws thereof, is hereby prohibited.
Section. 3. This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by conventions in the several
States, as provided in the Constitution, within seven years from the date
of the submission hereof to the States by the Congress.
Article. [XXII.]
[Proposed 1947; Ratified 1951]
Section. 1. No person shall be elected to the office of the President more
than twice, and no person who has held the office of President, or acted as
President, for more than two years of a term to which some other person was
elected President shall be elected to the office of the President more than
once. But this Article shall not apply to any person holding the office of
President when this Article was proposed by the Congress, and shall not
prevent any person who may be holding the office of President, or acting as
President, during the term within which this Article becomes operative from
holding the office of President or acting as President during the remainder
of such term.
Section. 2. This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the legislatures of
three-fourths of the several States within seven years from the date of its
submission to the States by the Congress.
Article. [XXIII.]
[Proposed 1960; Ratified 1961]
Section. 1. The District constituting the seat of Government of the United
States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President equal to the whole
number of Senators and Representatives in Congress to which the District
would be entitled if it were a State, but in no event more than the least
populous State; they shall be in addition to those appointed by the States,
but they shall be considered, for the purposes of the election of President
and Vice President, to be electors appointed by a State; and they shall
meet in the District and perform such duties as provided by the twelfth
article of amendment.
Section. 2. The Congress shall have power to enforce this article by
appropriate legislation.
Article. [XXIV.]
[Proposed 1962; Ratified 1964]
Section. 1. The right of citizens of the United States to vote in any
primary or other election for President or Vice President, for electors for
President or Vice President, or for Senator or Representative in
Congress, shall not be denied or abridged by the United States or any
State by reason of failure to pay any poll tax or other tax.
Section. 2. The Congress shall have power to enforce this article by
appropriate legislation.
Article. [XXV.]
[Proposed 1965; Ratified 1967]
Section. 1. In case of the removal of the President from office or of his
death or resignation, the Vice President shall become President.
Section. 2. Whenever there is a vacancy in the office of the Vice President,
the President shall nominate a Vice President who shall take office upon
confirmation by a majority vote of both Houses of Congress.
Section. 3. Whenever the President transmits to the President pro tempore of
the Senate and the Speaker of the House of Representatives his written
declaration that he is unable to discharge the powers and duties of his
office, and until he transmits to them a written declaration to the
contrary, such powers and duties shall be discharged by the Vice President
as Acting President.
Section. 4. Whenever the Vice President and a majority of either the
principal officers of the executive departments or of such other body as
Congress may by law provide, transmit to the President pro tempore of the
Senate and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and duties
of his office, the Vice President shall immediately assume the powers and
duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the
Senate and the Speaker of the House of Representatives his written
declaration that no inability exists, he shall resume the powers and duties
of his office unless the Vice President and a majority of either the
principal officers of the executive department or of such other body as
Congress may by law provide, transmit within four days to the President pro
tempore of the Senate and the Speaker of the House of Representatives their
written declaration that the President is unable to discharge the powers and
duties of his office. Thereupon Congress shall decide the issue, assembling
within forty-eight hours for that purpose if not in session. If the
Congress, within twenty-one days after receipt of the latter written
declaration, or, if Congress is not in session, within twenty-one days after
Congress is required to assemble, determines by two-thirds vote of both
Houses that the President is unable to discharge the powers and duties of
his office, the Vice President shall continue to discharge the same as
Acting President; otherwise, the President shall resume the powers and
duties of his office.
Article. [XXVI.]
[Proposed 1971; Ratified 1971]
Section. 1. The right of citizens of the United States, who are eighteen
years of age or older, to vote shall not be denied or abridged by the
United States or by any State on account of age.
Section. 2. The Congress shall have power to enforce this article by
appropriate legislation.
[Inoperative Article.]
[Proposed 1972; Expired Unratified 1982]
Article--
Section. 1. Equality of rights under the law shall not be denied or
abridged by the United States or by any State on account of sex.
Section. 2. The Congress shall have the power to enforce, by
appropriate legislation, the provisions of this article.
Section. 3. This amendment shall take effect two years after the date of
ratification.
[Inoperative Article.]
[Proposed 1978; Expired Unratified 1985]
Article--
Section. 1. For purposes of representation in the Congress, election of the
President and Vice President, and article V of this Constitution, the
District constituting the seat of government of the United States shall be
treated as though it were a State.
Section. 2. The exercise of the rights and powers conferred under this
article shall be by the people of the District constituting the seat of
government, and as shall be provided by the Congress.
Section. 3. The twenty-third article of amendment to the Constitution of
the United States is hereby repealed.
Section. 4. This article shall be inoperative, unless it shall have been
ratified as an amendment to the Constitution by the legislatures of
three-fourths of the several States within seven years from the date of its
submission.
Article. [XXVII.]
[Proposed 1789; Ratified 1992; Second of twelve Articles
comprising the Bill of Rights]
No law, varying the compensation for the services of the Senators and
Representatives, shall take effect, until an election of Representatives
shall have intervened.