September, 1787 | Chapter
5
CONSTITUTION
OF THE
UNITED STATES |
The
U.S.
Constitution is a legal document but its precepts are simple, and easy to
understand. The reader should not be daunted by its magnificence or the
reverence in which it is held. Most important, it should be read start to
finish. Almost all of what First Principles discusses is based on the contents of this document and the Declaration
of Independence. It is reprinted here not for decoration, but so the reader can
acquaint himself with its contents and thereby understand the political
battles of the ages and the political necessities of any society. To obtain
full-value from reading First Principles,
comprehending the Constitution itself, before
the rest of the synopses are read, is essential.
The Constitution of the
United States
We the People of
the United States, in Order to form a more perfect Union, establish Justice,
insure domestic Tranquility, provide for the common 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
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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
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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 Place of Chusing Senators.
The Congress shall assemble at least once in every Year, and such
Meeting shall be on the first Monday in December, unless they shall by Law
appoint a different Day.
Section
5 Each House shall be the Judge of the Elections,
Returns and Qualifications of its own Members, and a Majority of each shall
constitute a Quorum to do Business; but a smaller number may adjourn from
day to day, and may be authorized to compel the Attendance of absent
Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its
Members for disorderly Behavior, 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
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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 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 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.
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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 Offenses 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
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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.
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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
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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
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called into the actual Service of the United States; he
may
require the Opinion, in writing, of the principal Officer in each of the
executive Departments, upon any subject relating to the Duties of their
respective Offices, and he shall have Power to Grant Reprieves and Pardons
for Offenses against the United States, except in Cases of Impeachment.
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 Behavior,
and
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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.
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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 States 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;
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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.
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.
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IN WITNESS whereof We have hereunto
subscribed our Names.
Go. Washington - President 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
Pensylvania - B Franklin, Thomas
Mifflin, Robt Morris, Geo. Clymer, Thos FitzSimons, Jared
Ingersoll, James
Wilson, Gouv Morris
Delaware
- Geo. Read, Gunning Bedford jun, John Dickinson, Richard Bassett, Jaco.
Broom
Maryland
- James McHenry, Dan of St Tho Jenifer, Danl Carroll
Virginia - John Blair, James Madison
Jr.
North
Carolina
- Wm Blount,
Richd Dobbs Spaight, Hu Williamson
South
Carolina
- J. Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler
Georgia - William Few, Abr Baldwin
Attest William Jackson, Secretary
Amendments
Congress
of the United States
begun and held at the City of New York,
on Wednesday, the fourth of March, one thousand seven-hundred and eighty
nine
THE conventions of a number of the states, having at the time of
their adopting the Constitution, expressed a desire, in order to prevent
unconstitutional or abuse of its powers, that further declaratory and
restrictive clauses should be added: and as extending the ground of public
confidence in the Government, will best ensure the beneficent ends of its
institution
RESOLVED by the Senate and House of Representatives of the United
States of America in Congress Assembled, two thirds of both Houses
concurring that the following Articles be proposed to the Legislatures of
the several States as amendments to the Constitution of the United States,
all, or any of which articles, when ratified by three fourths of
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the said
Legislatures, to be valid to all intents and purposes, as part of the said
Constitution, viz.,
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.
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.
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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.
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.
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 construed 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.
Amendments
to the Constitution after the first ten amendments, which are known as the
Bill of Rights, follow:
Amendment XI
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
.
Amendment XII
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
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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.
Amendment XIII
A.
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.
B.
Congress shall have power to
enforce this article by appropriate legislation.
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Amendment XIV
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.
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.
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.
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.
5. The
Congress shall have power to enforce, by appropriate legislation, the
provisions of this article.
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Amendment XV
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.
2. The
Congress shall have power to enforce this article by appropriate
legislation.
Amendment XVI
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.
Amendment XVII
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.
Amendment XVIII
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.
2. The
Congress and the several States shall have concurrent power to enforce this
article by appropriate legislation.
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.
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Amendment XIX
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.
Amendment XX
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.
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.
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.
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.
5. Sections 1 and 2 shall take
effect on the 15th day of October following the ratification of this
article.
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.
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Amendment XXI
1. The
eighteenth article of amendment to the Constitution of the United States
is hereby repealed.
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.
3. The
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.
Amendment XXII
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.
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.
Amendment XXIII
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.
2. The
Congress shall have power to enforce this article by appropriate
legislation.
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Amendment XXIV
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.
2. The
Congress shall have power to enforce this article by appropriate
legislation.
Amendment XXV
1. In
case of the removal of the President from office or of his death or
resignation, the Vice President shall become President.
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.
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.
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
109
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.
Amendment XXVI
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.
2. The
Congress shall have power to enforce this article by appropriate
legislation.
Amendment XXVII
No law, varying the compensation for
the services of the Senators and Representatives, shall take effect, until
an election of Representatives shall have intervened.
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