The Constitution
of the
United States of America
PREAMBLE
We, the people of the United States, in order to form a more
perfect Union, establish justice, insure domestic tranquility,
provide for the common defense, promote the general welfare, and
secure the blessings of liberty to ourselves and our posterity, do
ordain and establish this Constitution for the United States of
America.
ARTICLE I
Section 1. Legislative powers; in whom vested
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. House of Representatives, how and by
whom chosen Qualifications of a Representative.
Representatives and direct taxes, how
apportioned. Enumeration. Vacancies to be filled.
Power of choosing officers, and of impeachment.
1. The House of Representatives shall be composed of members
chosen every second year by the people of the several States,
and the elector in each State shall have the qualifications requisite
for electors of the most numerous branch of the State Legislature.
2. No person shall be a Representative who shall not have
attained 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.
3. Representatives [and direct taxes] {Altered by 16th
Amendment} 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 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.] {Altered by 14th Amendment} 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 choose 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.
4. When vacancies happen in the representation from any State,
the Executive Authority thereof shall issue writs of election to fill
such vacancies.
5. The House of Representatives shall choose their Speaker and
other officers; and shall have the sole power of impeachment.
Section 3. Senators, how and by whom chosen.
How classified. State Executive, when to make
temporary appointments, in case, etc.
Qualifications of a Senator. President of the
Senate, his right to vote. President pro tem., and
other officers of the Senate, how chosen. Power
to try impeachments. When President is tried,
Chief Justice to preside. Sentence.
1. The Senate of the United States shall be composed of two
Senators from each State, [chosen by the Legislature thereof,]
{Altered by 17th Amendment} for six years; and each Senator
shall have one vote.
2. 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.] {Altered by 17th Amendment}
3. No person shall be a Senator who shall not have attained to the
age of thirty years, and been nine years a citizen of the United
States, and who shall not, when elected, be an inhabitant of that
State for which he shall be chosen.
4. The Vice-President of the United States shall be President of
the Senate, but shall have no vote, unless they be equally divided.
5. The Senate shall choose their other officers, and also a
President pro tempore, in the absence of the Vice President, or
when he shall exercise the office of the President of the United
States.
6. The Senate shall have the sole power to try all impeachments.
When sitting for that purpose, they shall be on oath or affirmation.
When the President of the United States is tried, the Chief Justice
shall preside: and no person shall be convicted without the
concurrence of two-thirds of the members present.
7. Judgement in cases of impeachment shall not extend further
than to removal from office, and disqualification to hold and enjoy
any office of honor, trust, or profit under the United States: but the
party convicted shall nevertheless be liable and subject to
indictment, trial, judgement and punishment, according to law.
Section 4. Times, etc., of holding elections, how
prescribed. One session in each year.
1. The times, places and manner of holding elections for Senators
and Representatives, shall be prescribed in each State by the
Legislature thereof; but the Congress may at any time by law
make or alter such regulations, except as to the places of
choosing Senators.
2. The Congress shall assemble at least once in every year, and
such meeting shall be [on the first Monday in December,] {Altered
by 20th Amendment} unless they by law appoint a different day.
Section 5. Membership, Quorum, Adjournments,
Rules, Power to punish or expel. Journal. Time of
adjournments, how limited, etc.
1. 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.
2. Each House may determine the rules of its proceedings, punish
its members for disorderly behavior, and, with the concurrence of
two-thirds, expel a member.
3. Each House shall keep a journal of its proceedings, and from
time to time publish the same, excepting such parts as may in
their judgement 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.
4. Neither House, during the session of Congress, shall, without
the consent of the other, adjourn for more than three days, nor to
any other place than that in which the two Houses shall be sitting.
Section 6. Compensation, Privileges,
Disqualification in certain cases.
1. The Senators and Representatives shall receive a
compensation for their services, to be ascertained by law, and
paid out of the Treasury of the United States. They shall in all
cases, except treason, felony and breach of the peace, be
privileged from arrest during their attendance at the session of
their respective Houses, and in going to and returning from the
same; and for any speech or debate in either House, they shall
not be questioned in any other place.
2. No Senator or Representative shall, during the time for which he
was elected, be appointed to any civil office under the authority of
the United States, which shall have increased 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. House to originate all revenue bills.
Veto. Bill may be passed by two-thirds of each
House, notwithstanding, etc. Bill, not returned in
ten days to become a law. Provisions as to orders,
concurrent resolutions, etc.
1. All bills for raising revenue shall originate in the House of
Representatives; but the Senate may propose or concur with
amendments as on other bills.
2. 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.
3. 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
re-passed 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. Powers of Congress
The Congress shall have the power 1. 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:
2. To borrow money on the credit of the United States:
3. To regulate commerce with foreign nations, and among the
several states, and with the Indian tribes:
4. To establish an uniform rule of naturalization, and uniform laws
on the subject of bankruptcies throughout the United States:
5. To coin money, regulate the value thereof, and of foreign coin,
and fix the standard of weights and measures:
6. To provide for the punishment of counterfeiting the securities
and current coin of the United States:
7. To establish post-offices and post-roads:
8. To promote the progress of science and useful arts, by
securing for limited times to authors and inventors the exclusive
right to their respective writings and discoveries:
9. To constitute tribunals inferior to the supreme court:
10. To define and punish piracies and felonies committed on the
high seas, and offences against the law of nations:
11. To declare war, grant letters of marque and reprisal, and make
rules concerning captures on land and water:
12. To raise and support armies, but no appropriation of money to
that use shall be for a longer term than two years:
13. To provide and maintain a navy:
14. To make rules for the government and regulation of the land
and naval forces:
15. To provide for calling forth the militia to execute the laws of the
union, suppress insurrections and repel invasions:
16. To provide for organizing, arming and disciplining the militia,
and for governing such part of them as may be employed in the
service of the United States, reserving to the states respectively,
the appointment of the officers, and the authority of training the
militia according to the discipline prescribed by Congress:
17. 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, 18. 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. Provision as to migration or importation
of certain persons. Habeas Corpus, Bills of
attainder, etc. Taxes, how apportioned. No export
duty. No commercial preference. Money, how
drawn from Treasury, etc. No titular nobility.
Officers not to receive presents, etc.
1. The migration or importation of such persons as any of the
states now existing shall think proper to admit, shall not be
prohibited by the Congress prior to the year 1808, but a tax or
duty may be imposed on such importations, not exceeding 10
dollars for each person.
2. 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.
3. No bill of attainder or ex post facto law shall be passed.
4. [No capitation, or other direct tax shall be laid unless in
proportion to the census or enumeration herein before directed to
be taken.] {Altered by 16th Amendment}
5. No tax or duty shall be laid on articles exported from any state.
6. 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.
7. No money shall be drawn from the treasury but in consequence
of appropriations made by law; and a regular statement and
account of the receipts and expenditures of all public money shall
be published from time to time.
8. No title of nobility shall be granted by the United States: And
no person holding any office or 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. States prohibited from the exercise of
certain powers.
1. 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.
2. No state shall, without the consent of the Congress, lay any
imposts or duties on imports or exports, except what may be
absolutely necessary for executing its inspection laws; and the
net produce of all duties and imposts, laid by any state on imports
or exports, shall be for the use of the treasury of the United
States; and all such laws shall be subject to the revision and
control of the Congress.
3. No state shall, without the consent of Congress, lay any duty of
tonnage, keep troops, or ships of war in time of peace, enter into
any agreement or compact with another state, or with a foreign
power, or engage in a war, unless actually invaded, or in such
imminent danger as will not admit of delay.
ARTICLE II
Section 1. President: his term of office. Electors of
President; number and how appointed. Electors
to vote on same day. Qualification of President. On
whom his duties devolve in case of his removal,
death, etc. President's compensation. His oath of
office.
1. The Executive power shall be vested in a President of the
United States of America. He shall hold office during the term of
four years, and together with the Vice President, chosen for the
same term, be elected as follows
2. [Each State] {Altered by 23rd Amendment} shall appoint, in
such manner as the Legislature 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 each; which list they shall sign and certify,
and transmit sealed to the seat of 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 choose 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
choose 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. 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 choose from them by ballot the Vice President.]
{Altered by 12th Amendment}
3. The Congress may determine the time of choosing the electors,
and the day on which they shall give their votes; which day shall
be the same throughout the United States.
4. 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.
5. [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.] {Altered by 25th Amendment}
6. 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.
7. 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 the 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. President to be Commander-in-Chief.
He may require opinions of cabinet officers, etc.,
may pardon. Treaty-making power. Nomination of
certain officers. When President may fill
vacancies.
1. The President shall be Commander-in-Chief of the Army and
Navy of the United States, and of the militia of the several States,
when called into the actual service of the United States; he may
require the opinion, in writing, of the principal officer in each of the
executive departments, upon any subject relating to the duties of
their respective offices, and he shall have power to grant reprieves
and pardons for offenses against against the United States,
except in cases of impeachment.
2. He shall have power, by and with the advice and consent of the
Senate, to make treaties, provided two-thirds of the Senators
present concur; and he shall nominate, 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.
3. The President shall have the power to fill up all vacancies that
may may happen during the recess of the Senate, by granting
commissions, which shall expire at the end of their next session.
Section 3. President shall communicate to
Congress. He may convene and adjourn
Congress, in case of disagreement, etc. Shall
receive ambassadors, execute laws, and
commission officers.
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 may 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. All civil offices forfeited for certain
crimes.
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. Judicial powers. Tenure.
Compensation.
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. Judicial power; to what cases it
extends. Original jurisdiction of Supreme Court
Appellate. Trial by Jury, etc. Trial, where
1. The judicial power shall extend to all cases, in law and equity,
arising under this constitution, the laws of the United States, and
treaties made, or which shall be made under their authority; to all
cases affecting ambassadors, other public ministers and consuls;
to all cases of admiralty and maritime jurisdiction; to controversies
to which the United States shall be a party; [to controversies
between two or more states, between a state and citizens of
another state, between citizens of different states, between
citizens of the same state, claiming lands under grants of different
states, and between a state, or the citizens thereof, and foreign
states, citizens or subjects.] {Altered by 11th Amendment}
2. In all cases affecting ambassadors, other public ministers and
consuls, and those in which a state shall be a 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.
3. The trial of all crimes, except in cases of impeachment, shall
be by jury; and such trial shall be held in the state where the said
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 defined. Proof of. Punishment
1. Treason against the United States shall consist only in levying
war against them, or in adhering to their enemies, giving them aid
and comfort. No person shall be convicted of treason unless on
the testimony of two witnesses to the same overt act, or on
confession in open court.
2. The Congress shall have power to declare the punishment of
treason, but no attainder of treason shall work corruption of blood,
or forfeiture, except during the life of the person attainted.
ARTICLE IV
Section 1. Each State to give credit to the public
Bill of Rights
Passed
by Congress September 25, 1789.
Ratified December 15, 1791.
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.
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.
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.
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.
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 offense to be twice put
in jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of law; nor shall private
property be taken for public use without just compensation.
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 defense.
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 reexamined in any
court of the United States, than according to the rules of the
common law.
AMENDMENT VIII
Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
AMENDMENT IX
The enumeration in the Constitution, of certain rights, shall not be
con- strued to deny or disparage others retained by the people.
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.