The United States' Constitution

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All of the original Project Gutenberg Etexts from the1970's were produced in ALL CAPS,army men toys for 10 year olds under 10 dollars no lower case.  Thecomputers we used then didn't have lower case at all.***The following edition of The Consitution of the United States of Americahas been based on many hours of study of a variety of editions, and willinclude certain variant spellings, punctuation, and captialization as wehave been able to reasonable ascertain belonged to the orginal.  In caseof internal discrepancies in these matters, most or all have been left.In our orginal editions the letters were all CAPITALS, and we did not doanything about capitalization, consistent or otherwise, nor with most ofthe punctuation, since we had limited punctionation in those days.This document does NOT include the amendments, as the Bill of Rights wasone of our earlier Project Gutenberg Etexts, and the others will be sentin a separate posting.***We would ask that any Consitutional scholars would please take a minute,or longer, to send us a note concerning possible corrections.***

THE CONSTITUTION OF THE UNITED STATES OF AMERICA, 1787

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 ourselvesand our Posterity, do ordain and establish this Constitution for theUnited States of America.

Article I

Section 1. All legislative Powers herein granted shall be vested in aCongress of the United States, which shall consist of a Senate andHouse of Representatives.

Section 2. The House of Representatives shall be composed of Memberschosen every second Year by the People of the several States,and the electors in each State shall have the qualifications requisitefor electors of the most numerous branch of the State legislature.

No Person shall be a Representative who shall not have attained to theAge 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 whichhe shall be chosen.

Representatives and direct Taxes shall be apportioned amongthe several States which may be included within this Union,according to their respective Numbers, which shall be determinedby adding to the whole number of free Persons, including thosebound to Service for a Term of Years, and excluding Indians not taxed,three fifths of all other Persons. The actual Enumeration shall be madewithin three Years after the first Meeting of the Congress of theUnited States, and within every subsequent Term of ten Years,in such Manner as they shall by law Direct. The number ofRepresentatives 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 Hampshireshall be entitled to chuse three, Massachusetts eight, Rhode Islandand 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 ExecutiveAuthority 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 oftwo 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 ofthe Senators of the first Class shall be vacated at the expiration of thesecond 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 thirdmay 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 thenext meeting of the Legislature, which shall then fill such Vacancies.

No person shall be a Senator who shall not have attained to the Age ofthirty Years, and been nine Years a Citizen of the United States,and who shall not, when elected, be an Inhabitant of that Statefor 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 choose their other Officers, and also a Presidentpro tempore, in the Absence of the Vice-President, or when he shallexercise 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 Justiceshall preside: And no Person shall be convicted without the Concurrenceof two thirds of the Members present.

Judgment in cases of Impeachment shall not extend further than to removalfrom Office, and disqualification to hold and enjoy any Office of honor,Trust or Profit under the United States: but the Party convicted shallnevertheless be liable and subject to Indictment, Trial, Judgment andPunishment, according to Law.

Section 4. The Times, Places and Manner of holding Elections for Senators andRepresentatives, shall be prescribed in each State by the Legislature thereof;but the Congress may at any time by Law make or alter such Regulations,except as to the Places of chusing Senators.

The Congress shall assemble at least once in every Year,and such Meeting shall be on the first Monday in December,unless they shall by law appoint a different Day.

Section 5. Each House shall be the Judge of the Elections,Returns and Qualifications of its own Members, and aMajority 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 theConcurrence 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 mayin their Judgment require Secrecy; and the Yeas and Nays of theMembers of either House on any question shall, at the Desire ofone fifth of those Present, be entered on the Journal.

Neither House, during the Session of Congress, shall, without theConsent of the other, adjourn for more than three days, nor toany other Place than that in which the two Houses shall be sitting.

Section 6. The Senators and Representatives shall receive a Compensationfor their Services, to be ascertained by Law, and paid out of the Treasuryof the United States. They shall in all Cases, except Treason, Felony andBreach of the Peace, be privileged from Arrest during their Attendanceat the Session of their respective Houses, and in going to and returningfrom 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 beenincreased during such time; and no Person holding any Office under theUnited States, shall be a Member of either House during his Continuancein Office.

Section 7. All Bills for raising Revenue shall originate in theHouse of Representatives; but the Senate may propose or concur withAmendments as on other Bills.

Every Bill which shall have passed the House of Representatives andthe Senate, shall, before it become a Law, be presented to thePresident of the United States; If he approve he shall sign it,but if not he shall return it, with his Objections to that Housein which it shall have originated, who shall enter the Objectionsat large on their Journal, and proceed to reconsider it.If after such Reconsideration two thirds of that houseshall agree to pass the Bill, it shall be sent,together with the Objections, to the other House, by whichit shall likewise be reconsidered, and if approved by two thirdsof that House, it shall become a law. But in all such Casesthe Votes of both Houses shall be determined by Yeas and Nays,and the Names of the Persons voting for and against the Bill shall beentered on the Journal of each House respectively. If any Billshall 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 theirAdjournment prevent its Return, in which case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senateand House of Representatives may be necessary (except on a questionof 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 ofthe Senate and House of Representatives, according to the Rulesand 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 Defenceand general Welfare of the United States; but all Duties, Imposts and Excisesshall 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 Lawson 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 Securitiesand current Coin of the United States;

To establish Post Offices and Post Roads;

To promote the Progress of Science and useful Arts, by securingfor limited Times to Authors and Inventors the exclusive Rightto 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 Useshall 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 forgoverning such Part of them as may be employed in the Service of theUnited States, reserving to the States respectively, the Appointmentof the Officers, and the Authority of training the militia accordingto 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 toexercise like Authority over all Places purchased by the Consentof the Legislature of the State in which the Same shall be,for the Erection of Forts, Magazines, Arsenals, Dockyards,and other needful Buildings;—And

To make all Laws which shall be necessary and proper for carryinginto Execution the foregoing Powers, and all other Powers vestedby 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 anyof the States now existing shall think proper to admit, shall notbe prohibited by the Congress prior to the Year one thousand eighthundred 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, unlesswhen 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 Proportionto 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 Revenueto 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 Consequenceof Appropriations made by Law; and a regular Statement and Accountof the Receipts and Expenditures of all public Money shall bepublished 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, orConfederation; grant Letters of Marque and Reprisal; coin Money;emit Bills of Credit; make any Thing but gold and silver Coin a Tenderin 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 Dutieson Imports or Exports, except what may be absolutely necessary for executingit'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 Treasuryof the United States; and all such Laws shall be subject to the Revisionand Controul of the Congress.

No State shall, without the Consent of Congress, lay any Duty ofTonnage, keep Troops, or Ships of War in time of Peace, enter into anyAgreement or Compact with another State, or with a foreign Power, orengage in War, unless actually invaded, or in such imminent Dangeras will not admit of delay.

ARTICLE II

Section 1. The executive Power shall be vested in a Presidentof the United States of America. He shall hold his Office duringthe Term of four Years, and, together with the Vice Presidentchosen 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 Representativesto which the State may be entitled in the Congress: but no Senator orRepresentative, or Person holding an Office of Trust or Profit underthe United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballotfor two Persons, of whom one at least shall not be an Inhabitant ofthe same State with themselves. And they shall make a List ofall the Persons voted for, and of the Number of Votes for each;which List they shall sign and certify, and transmit sealed tothe Seat of the Government of the United States, directed to thePresident 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 equalNumber of votes, then the House of Representatives shall immediatelychuse by Ballot one of them for President; and if no Person havea Majority, then from the five highest on the List the said Houseshall in like Manner chuse the President. But in chusing the President,the Votes shall be taken by States, the Representation from each Statehaving one Vote; a Quorum for this Purpose shall consist of a Memberor Members from two thirds of the States, and a Majority of all theStates shall be necessary to a Choice. In every Case, after the Choiceof the President, the Person having the greatest Number of Votes ofthe Electors shall be the Vice President. But if there should remaintwo or more who have equal Votes, the Senate shall chuse from themby 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 Dayshall 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 tothe Office of President; neither shall any Person be eligible to thatOffice 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 thesaid Office, the Same shall devolve on the Vice President, and theCongress may by Law provide for the Case of Removal, Death, Resignationor Inability, both of the President and Vice President, declaring whatOfficer 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 encreased nor diminished duringthe Period for which he shall have been elected, and he shall not receivewithin 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 thefollowing Oath or Affirmation:—"I do solemnly swear (or affirm) thatI will faithfully execute the Office of President of the United States,and will to the best of my Ability, preserve, protect and defend theConstitution of the United States."

Section 2. The President shall be Commander in Chief of the Armyand 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 Officerin each of the executive Departments, upon any Subject relating tothe Duties of their respective Offices, and he shall have Powerto 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 theSenate, to make Treaties, provided two thirds of the Senatorspresent concur; and he shall nominate, and by and with the Adviceand Consent of the Senate, shall appoint Ambassadors, other publicMinisters and Consuls, Judges of the supreme Court, and all otherOfficers of the United States, whose Appointments are not hereinotherwise 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 happenduring the Recess of the Senate, by granting Commissions which shallexpire at the End of their next session.

Section 3. He shall from time to time give to the CongressInformation of the State of the Union, and recommend to theirConsideration such Measures as he shall judge necessary and expedient;he may, on extraordinary Occasions, convene both Houses, or eitherof them, and in Case of Disagreement between them, with Respect tothe Time of Adjournment, he may adjourn them to such Time as he shallthink proper; he shall receive Ambassadors and other public Ministers;he shall take Care that the Laws be faithfully executed, and shallCommission all the Officers of the United States.

Section 4. The President, Vice President and all civil Officers of theUnited 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 vestedin one supreme Court, and in such inferior Courts as the Congress mayfrom time to time ordain and establish. The Judges, both of the supremeand inferior Courts, shall hold their Offices during good behavior,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 Treatiesmade, or which shall be made, under their Authority;—to all Cases affectingAmbassadors, other public Ministers and Consuls;—to all Cases of admiraltyand maritime Jurisdiction;—to Controversies to which the United Statesshall be a Party;—to Controversies between two or more States;—between aState and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants ofdifferent 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 haveoriginal Jurisdiction. In all the other Cases before mentioned, thesupreme 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 shallhave been committed; but when not committed within any State, the Trialshall be at such Place or Places as the Congress may by Law have directed.

Section 3. Treason against the United States, shall consist only inlevying War against them, or in adhering to their Enemies, giving themAid and Comfort. No Person shall be convicted of Treason unless onthe Testimony of two Witnesses to the same overt Act, or on Confessionin 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 thepublic 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 allPrivileges 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 fromwhich he fled, be delivered up, to be removed to the State havingJurisdiction of the Crime.

No person held to Service or Labor 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 Labor, But shall be delivered up on Claimof the Party to whom such Service or Labor 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 Jurisdictionof any other State; nor any State be formed by the Junction of twoor more States, or Parts of States, without the Consent of theLegislatures of the States concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rulesand Regulations respecting the Territory or other Property belongingto the United States; and nothing in this Constitution shall be soconstrued 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 Uniona Republican Form of Government, and shall protect each of them againstInvasion; 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 ofthe Legislatures of two thirds of the several States, shall call a Conventionfor proposing Amendments, which, in either Case, shall be valid to all Intentsand Purposes, as Part of this Constitution, when ratified by the Legislaturesof three fourths of the several States, or by Conventions in three fourthsthereof, as the one or the other Mode of Ratification may be proposed bythe Congress; Provided that no Amendment which may be made prior to theYear one thousand eight hundred and eight shall in any Manner affectthe first and fourth Clauses in the ninth Section of the first Article;and that no State, without its Consent, shall be deprived of it'sequal Suffrage in the Senate.

ARTICLE VI

All Debts contracted and Engagements entered into, before the Adoptionof this Constitution, shall be as valid against the United Statesunder this Constitution, as under the Confederation.

This Constitution, and the Laws of the United States which shall be madein Pursuance thereof; and all Treaties made, or which shall be made,under the Authority of the United States, shall be the supremeLaw 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 Contrarynotwithstanding.

The Senators and Representatives before mentioned, and the Members of theseveral State Legislatures, and all executive and judicial Officers,both of the United States and of the several States, shall be boundby Oath or Affirmation, to support this Constitution; but no religiousTest shall ever be required as a Qualification to any Office or public Trustunder the United States.

ARTICLE VII

The Ratification of the Conventions of nine States, shall be sufficient for theEstablishment of this Constitution between the States so ratifying the Same.

Done in Convention by the Unanimous Consent of the States presentthe Seventeenth Day of September in the Year of our Lord onethousand seven hundred and eighty seven and of the Independence of theUnited States of America the Twelfth. In Witness whereof We havehereunto subscribed our Names,

Go. WASHINGTON—
Presid. 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 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 Thos. Jenifer
Danl Carroll

Virginia

John Blair—
James Madison Jr.

North Carolina

Wm. Blount
Rich'd Dobbs Spaight
Hu Williamson

South Carolina

J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler

Georgia

William Few
Abr Baldwin

Attest:
William Jackson, Secretary

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