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090209 - By the mid-1780s, the weaknesses of the Articles of Confederation
had become clear to many observers. In their reaction to what they
considered the authoritarian government of George III, the framers
of the Articles had deliberately created a weak government, although
they believed that it had sufficient powers to govern. That
assumption proved false. Among its other defects, the Articles of
Confederation gave the Congress no power to tax or to regulate
commerce among the states, it lacked both executive and judicial
branches, and amending the Articles required unanimity of all the
states.
James Madison of Virginia, working with the blessing of George
Washington, led the drive to get Congress to call a convention for
the express purpose of revising the Articles of Confederation. But
once the delegates had gathered in Philadelphia in the summer of
1787, they took the bit in their teeth and decided to draft an
entirely new document, one that would meet what they perceived to be
the current and future needs of the country.
Government under the Constitution remained federal in nature,
that is, power was shared between the states and the national
government. But where under the Articles the states had been the
dominant force, under the Constitution the national government would
be supreme. The framers saw both state and national governments as
active participants in the political process.
One of the key features in the Constitution, and one that would
become a critical factor in the nineteenth century, is that the
source of sovereignty, the source of the authority for the document,
is the citizenry. "We the People of the United States" ordain and
establish the Constitution. This is a direct link to the Declaration
of Independence, which declared that governments derive their
legitimacy from the consent of the governed.
Perhaps the most striking feature of the Constitution was how
extensively it implemented the prevailing notions of separation of
powers. Clear lines divided the legislative, executive and judicial
branches. In a sharp departure from their experience under the
Articles, the framers put a great deal of power in the hands of the
president. At the same time, a system of checks and balances ensured
that no one branch of the government would dominate the others.
In the debate over ratification of the Constitution that took
place in the fall and winter of 1787-88, proponents of the new
document -- called Federalists -- claimed that not only would it
remedy the defects of the Articles of Confederation, but it would
provide a strong yet limited government that would ensure the peace
and security of the new nation. Those opposed to the Constitution --
known as Anti-Federalists -- operated at a disadvantage, because
they recognized and admitted that the government under the Articles
had not been a success. They did, however, demand that as a price of
ratification a bill of rights should be added. The Federalists
believed that no such listing was necessary, because as a government
of limited powers, the new government would have no authority to
invade the rights of the citizens. But as Thomas Jefferson explained
to James Madison, "A bill of rights is what the people are entitled
to against every government on earth, general or particular, and
what no just government should refuse, or rest upon inferences."
With the ratification of the Constitution, the new government met
in the spring of 1789, and Congress immediately adopted and sent to
the states a series of proposed amendments. The states ratified ten
of them by 1791, and these have since been known as the Bill of
Rights. Other amendments have followed, a few of them primarily
technical in nature, but for the most part they have expanded the
democratic nature of American society -- by abolishing slavery,
widening the suffrage or making government more responsive to the
people, as in the direct election of senators.
The Constitution has served the people of the United States
admirably for over 200 years, in part because the framers were wise
enough to recognize that they could not foresee every problem. Those
who followed them thus had the ability to take the document and
adapt it to new needs and new conditions.
For further reading: Michael Kammen, ed., The Origins of the
American Constitution: A Documentary History (1986); Forrest
McDonald, Novus Ordo Seclorum: The Intellectual Origins of the
Constitution (1985); Clinton Rossiter, 1787: The Grand Convention
(1966); Clinton Rossiter, ed., The Federalist Papers (1961).
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 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,
andwithin every subsequent Term of ten Years, in such Manner as they
shall by Law direct. The Number of Representatives shall not exceed
one for every thirty Thousand, but each State shall have at Least
one Representative; and until such enumeration shall be made, the
State of New Hampshire shall be entitled to chuse three,
Massachusetts eight, Rhode Island and Providence Plantations one,
Connecticut five, New-York six, New Jersey four, Pennsylvania eight,
Delaware one, Maryland six, Virginia ten, North Carolina five, South
Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the
Executive Authority thereof shall issue Writs of Election to fill
such Vacancies.
The House of Representatives shall chuse their Speaker and other
Officers; and shall have the sole Power of Impeachment.
Section 3. The Senate of the United States shall be composed of
two Senators from each State, chosen by the Legislature thereof, for
six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the
first Election, they shall be divided as equally as may be into
three Classes. The Seats of the Senators of the first Class shall be
vacated at the Expiration of the second Year, of the second Class at
the Expiration of the fourth Year, and of the third Class at the
Expiration of the sixth Year, so that one third may be chosen every
second Year; and if Vacancies happen by Resignation, or otherwise,
during the Recess of the Legislature of any State, the Executive
thereof may make temporary Appointments until the next Meeting of
the Legislature, which shall then fill such Vacancies.
No Person shall be a Senator who shall not have attained to the
Age of thirty Years, and been nine Years a Citizen of the United
States, and who shall not, when elected, be an Inhabitant of that
State for which he shall be chosen.
The Vice President of the United States shall be President of the
Senate, but shall have no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President
pro tempore, in the Absence of the Vice President, or when he shall
exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments.
When sitting for that Purpose, they shall be on Oath or Affirmation.
When the President of the United States is tried the Chief Justice
shall preside: And no Person shall be convicted without the
Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to
removal from Office, and disqualification to hold and enjoy any
Office of honor, Trust or Profit under the United States: but the
Party convicted shall nevertheless be liable and subject to
Indictment, Trial, Judgment and Punishment, according to Law.
Section 4. The Times, Places and Manner of holding Elections for
Senators and Representatives, shall be prescribed in each State by
the Legislature thereof; but the Congress may at any time by Law
make or alter such Regulations, except as to the Places of chusing
Senators.
The Congress shall assemble at least once in every Year, and such
Meeting shall be on the first Monday in December, unless they shall
by Law appoint a different Day.
Section 5. Each House shall be the Judge of the Elections,
Returns and Qualifications of its own Members, and a Majority of
each shall constitute a Quorum to do Business; but a smaller Number
may adjourn from day to day, and may be authorized to compel the
Attendance of absent Members, in such Manner, and under such
Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its
Members for disorderly Behaviour, and, with the Concurrence of two
thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time
to time publish the same, excepting such Parts as may in their
Judgment require Secrecy; and the Yeas and Nays of the Members of
either House on any question shall, at the Desire of one fifth of
those Present, be entered on the ournal.
Neither House, during the Session of Congress, shall, without the
Consent of the other, adjourn for more than three days, nor to any
other Place than that in which the two Houses shall be sitting.
Section 6. The Senators and Representatives shall receive a
Compensation for their Services, to be ascertained by law, and paid
out of the Treasury of the United States. They shall in all Cases,
except Treason, Felony and Breach of the Peace, be privileged from
Arrest during their Attendance at the Session of their respective
Houses, and in going to and returning from the same; and for any
Speech or Debate in either House, they shall not be questioned in
any other Place.
No Senator or Representative shall, during the Time for which he
was elected, be appointed to any civil Office under the Authority of
the United States, which shall have been created, or the Emoluments
whereof shall have been encreased during such time; and no Person
holding any Office under the United States, shall be a Member of
either House during his Continuance in Office.
Section 7. All Bills for raising Revenue shall originate in the
House of Representatives; but the Senate may propose or concur with
amendments as on other Bills.
Every Bill which shall have passed the House of Representatives
and the Senate, shall, before it become a Law, be presented to the
President of the United States; If he approve he shall sign it, but
if not he shall return it with his Objections to that House in which
it shall have originated, who shall enter the Objections at large on
their Journal, and proceed to reconsider it. If after such
Reconsiderations 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 (Sunday
excepted) after it shall have been presented to him, the Same shall
be a Law, in like Manner as if he had signed it, unless the Congress
by their Adjournment prevent its Return, in which Case it shall not
be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the
Senate and House of Representatives may be necessary (except on a
question of Adjournment) shall be presented to the President of the
United States; and before the Same shall take Effect, shall be
approved by him, or being disapproved by him, shall be repassed by
two thirds of the Senate and House of Representatives, according to
the Rules and Limitations prescribed in the Case of a Bill.
Section 8. The Congress shall have Power To lay and collect Taxes,
Duties, Imposts and Excises, to pay the Debts and provide for the
common Defence and general Welfare of the United States; but all
Duties, Imposts and Excises shall be uniform throughout the United
States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several
States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws
on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin,
and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities
and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing
for limited Times to Authors and Inventors the exclusive Right to
their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high
Seas, and 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 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 or Trust under them, shall, without the
Consent of the Congress, accept of any present, Emolument, Office,
or Title, of any kind whatever, from any King, Prince or foreign
State.
Section 10. No State shall enter into any Treaty, Alliance, or
Confederation; grant Letters of Marque and Reprisal, coin Money;
emit Bills of Credit, make any Thing but gold and silver Coin a
Tender in Payment of Debts; pass any Bill of Attainder, ex post
facto Law, or Law impairing the Obligation of Contracts, or grant
any Title of Nobility.
No State shall, without the Consent of the Congress, lay any
Imposts or Duties on Imports or Exports, except what may be
absolutely necessary for executing 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 Controul of
the Congress.
No State shall, without the Consent of Congress, lay any Duty of
Tonnage, keep Troops, or Ships of War in time of Peace, enter into
any Agreement or Compact with another State, or with a foreign Power,
or engage in War, unless actually invaded, or in such imminent
Danger as will not admit of delay.
Article II
Section 1. The executive Power shall be vested in a President of
the United States of America. He shall hold his Office during the
Term of four Years, and, together with the Vice President, chosen
for the same Term, be elected, as follows
Each State shall appoint, In such Manner as the Legislature
thereof may direct, a Number of Electors, equal to the whole Number
of Senators and Representatives to which the State may be entitled
in the Congress: but no Senator or Representative, or Person holding
an Office of Trust or Profit under the United States, shall be
appointed an Elector.
The Electors shall meet in their respective States, and vote by
Ballot for two Persons, of whom one at least shall not be an
Inhabitant of the same State with themselves. And they shall make a
List of all the Persons voted for, and of the number of Votes for
each; which List they shall sign and certify, and transmit sealed to
the Seat of the Government of the United States, directed to the
President of the Senate. The President of the Senate shall, in the
Presence of the Senate and House of Representatives, open all the
Certificates, and the Votes shall then be counted. The Person having
the greatest number of Votes shall be the President, if such Number
be a Majority of the whole Number of Electors appointed; and if
there be more than one who have such Majority, and have an equal
Number of Votes, then the House of Representatives shall immediately
chuse by Ballot one of them for President; and if no Person have a
Majority, then from the five highest on the List the said House
shall in like Manner chuse the President. But in chusing the
President, the Votes shall be taken by States, the Representation
from each State having one Vote; a quorum for this Purpose shall
consist of a Member or Members from two thirds of the States, and a
Majority of all the States shall be necessary to a Choice. In every
Case, after the Choice of the President, the Person having the
greatest Number of Votes of the Electors shall be the Vice President.
But if there should remain two or more who have equal Votes, the
Senate shall chuse from them by Ballot the Vice President.
The Congress may determine the Time of chusing the Electors, and
the Day on which they shall give their Votes; which Day shall be the
same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the
United States at the time of the Adoption of this Constitution,
shall be eligible to the Office of President; neither shall any
Person be eligible to that Office who shall not have attained to the
Age of thirty five Years, and been fourteen Years a Resident within
the United States.
In Case of the Removal of the President from Office, or of his
Death, Resignation, or Inability to discharge the Powers and Duties
of the said Office, the Same shall devolve on the Vice President,
and the Congress may by Law provide for the Case of Removal, Death,
Resignation or Inability, both of the President and Vice President,
declaring what Officer shall then act as President, and such Officer
shall act accordingly, until the Disability be removed, or a
President shall be elected.
The President shall, at stated Times, receive for his Services, a
Compensation, which shall neither be encreased nor diminished during
the Period for which he shall have been elected, and he shall not
receive within that Period any other emolument from the United
States, or any of them.
Before he enter on the Execution of his Office, he shall take the
following Oath or Affirmation: -- "I do solemnly swear (or affirm)
that I will faithfully execute the Office of President of the United
States, and will to the best of my Ability, preserve, protect and
defend the Constitution of the United States."
Section 2. The President shall be Commander in Chief of the Army
and Navy of the United States, and of the Militia of the several
States, when called into the actual Service of the United States; he
may require the Opinion, in writing, of the principal Officer in
each of the executive Departments, upon any Subject relating to the
Duties of their respective Offices, and he shall have Power to grant
Reprieves and Pardons for 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 Disagreements between them, with
Respect to the Time of Adjournment, he may adjourn them to such Time
as he shall think proper; he shall receive Ambassadors and other
public Ministers; he shall take Care that the Laws be faithfully
executed, and shall Commission all the Officers of the United States.
Section 4. The President, Vice President and all Civil Officers
of the United States, shall be removed from Office on Impeachment
for, and Conviction of, Treason, Bribery, or other high Crimes and
Misdemeanors.
Article III
Section 1. The judicial Power of the United States, shall be
vested in one supreme Court, and in such inferior Courts as the
Congress may from time to time ordain and establish. The Judges,
both of the supreme and inferior Courts, shall hold their Offices
during good Behaviour, and shall, at stated Times, receive for their
Services, a Compensation, which shall not be diminished during their
Continuance in Office.
Section 2. The judicial Power shall extend to all Cases, in Law
and Equity, arising under this Constitution, the Laws of the United
States, and Treaties made, or which shall be made, under their
Authority; -- to all Cases affecting Ambassadors, other public
Ministers and Consuls; -- to all Cases of admiralty and maritime
Jurisdiction; -- to Controversies to which the United States shall
be a Party; -- to Controversies between two or more States; --
between a State and Citizens of another State; -- between Citizens
of different States; -- between Citizens of the same State claiming
Lands under Grants of different States, and between a State, or the
Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and
Consuls, and those in which a State shall be Party, the Supreme
Court shall have original Jurisdiction. In all the other Cases
before mentioned, the supreme Court shall have appelate Jurisdiction,
both as to Law and Fact, with such Exceptions, and under such
Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be
by Jury; and such Trial shall be held in the State where the said
Crimes shall have been committed; but when not committed within any
State, the Trial shall be at such Place or Places as the Congress
may by Law have directed.
Section 3. Treason against the United States, shall consist only
in levying War against them, or in adhering to their
Enemies, giving
them Aid and Comfort. No Person shall be convicted of Treason unless
on the Testimony of two Witnesses to the same overt Act, or on
Confession in open Court.
The Congress shall have Power to declare the Punishment of
Treason, but no Attainder of Treason shall work Corruption of Blood,
or Forfeiture except during the Life of the Person attainted.
Article IV
Section 1. Full Faith and Credit shall be given in each State to
the public Acts, Records, and judicial proceedings of every other
State. And the Congress may by general Laws prescribe the Manner in
which such Acts, Records and Proceedings shall be proved, and the
Effect thereof.
Section 2. The Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other
Crime, who shall flee from Justice, and be found in another State,
shall on Demand of the executive Authority of the State from which
he fled, be delivered up, to be removed to the State having
Jurisdiction of the Crime.
No Person held to Service or Labour in one State, under the Laws
thereof, escaping into another, shall, in Consequence of any Law or
Regulation therein, be discharged from such Service or Labour, but
shall be delivered up on Claim of the Party to whom such Service or
Labour may be due.
Section 3. New States may be admitted by the Congress into this
Union; but no new State shall be formed or erected within the
Jurisdiction of any other State; nor any State be formed by the
Junction of two or more States, or Parts of States, without the
Consent of the Legislatures of the States concerned as well as of
the Congress.
The Congress shall have Power to dispose of and make all needful
Rules and Regulations respecting the Territory or other Property
belonging to the United States; and nothing in this Constitution
shall be so construed as to Prejudice any Claims of the United
States, or of any particular State.
Section 4. The United States shall guarantee to every State in
this Union a Republican Form of Government, and shall protect each
of them against Invasion; and on Application of the Legislature, or
of the Executive (when the Legislature cannot be convened) against
domestic Violence.
Article V
The Congress, whenever two thirds of both Houses shall deem it
necessary, shall propose Amendments to this Constitution, or, on the
Application of the Legislatures of two thirds of the several States,
shall call a Convention for proposing Amendments, which, in either
Case, shall be valid to all Intents and Purposes, as Part of this
Constitution, when ratified by the Legislatures of three fourths of
the several States, or by Conventions in three fourths thereof, as
the one or the other Mode of Ratification may be proposed by the
Congress; provided that no Amendment which may be made prior to the
Year One thousand eight hundred and eight shall in any Manner affect
the first and fourth Clauses in the Ninth Section of the first
Article; and that no State, without its Consent, shall be deprived
of its equal Suffrage in the Senate.
Article VI
All Debts contracted and Engagements entered into, before the
Adoption of this Constitution, shall be as valid against the United
States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall
be made in Pursuance thereof; and all Treaties made, or which shall
be made, under the Authority of the United States, shall be the
supreme Law of the Land; and the Judges in every State shall be
bound thereby, any Thing in the Constitution or Laws of any State to
the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the
Members of the several State Legislatures, and all executive and
judicial Officers, both of the United States and of the several
States, shall be bound by Oath or Affirmation, to support this
Constitution; but no religious Test shall ever be required as a
Qualification to any Office or public Trust under the United States.
Article VII
The Ratification of the Conventions of nine States, shall be
sufficient for the Establishment of this Constitution between the
States so ratifying the Same.
Done in Convention by the Unanimous Consent of the States present
the Seventeenth Day of September in the Year of our Lord one
thousand seven hundred and Eighty seven and of the Independence of
the United States of America the Twelfth. In witness thereof We have
hereunto subscribed our Names,
Articles in Addition to, and Amendment of, the Constitution of
the United States of America, Proposed by Congress, and Ratified by
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, 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 offence to be twice put in
jeopardy of life or limb; nor shall be compelled in any criminal
case to be a witness against himself, nor be deprived of life,
liberty, or property, without due process of law; nor shall private
property be taken for public use, without just compensation.
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
witness 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. [The first ten amendments were
ratified Dec. 15, 1791.]
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. [Jan. 8, 1798]
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 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. [Sept. 25, 1804]
Amendment XIII
Section 1. Neither slavery nor involuntary servitude, except as a
punishment for crime whereof the party shall have been duly
convicted, shall exist within the United States, or any place
subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by
appropriate legislation. [Dec. 18, 1865]
Amendment XIV
Section 1. All persons born or naturalized in the United States
and subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside. No State shall make or
enforce any law which shall abridge the privileges or immunities of
citizens of the United States; nor shall any State deprive any
person of life, liberty, or property, without due process of law;
nor deny any person within its jurisdiction the equal protection of
the laws.
Section 2. Representatives shall be apportioned among the several
States according to their respective numbers, counting the whole
number of persons in each State, excluding Indians not taxed. But
when the right to vote at any election for the choice of electors
for President and Vice President of the United States, Represen-tatives
in Congress, the Executive and Judicial officers of a State, or the
members of the Legislature thereof, is denied to any of the male
inhabitants of such State, being twenty-one years of age, and
citizens of the United States, or in any way abridged, except for
participation in rebellion, or other crime, the basis of
representation therein shall be reduced in the proportion which the
number of such male citizens shall bear to the whole number of male
citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in
Congress, or elector of President and Vice President, or hold any
office, civil or military, under the United States, or under any
State, who, having previously taken an oath, as a member of Congress,
or as an officer of the United States, or as a member of any State
legislature, or as an executive or judicial officer of any State, to
support the Constitution of the United States, shall have engaged in
insurrection or rebellion against the same, or given aid or comfort
to the enemies thereof. But Congress may by a vote of two-thirds of
each House, remove such disability.
Section 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pensions
and bounties for services in suppressing insurrection or rebellion,
shall not be questioned. But neither the United States nor any State
shall assume or pay any debt or obligation incurred in aid of
insurrection or rebellion against the United States, or any claim
for the loss or emancipation of any slave; but all such debts,
obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce by
appropriate legislation, the provisions of this article. [July 28,
1868]
Amendment XV
Section 1. The right of citizens of the United States to vote
shall not be denied or abridged by the United States or by any State
on account of race, color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article
by appropriate legislation. [March 30, 1870]
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.
[Feb. 25, 1913]
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. [May 31, 1913]
Amendment XVIII
Section 1. After one year from the ratification of this article
the manufacture, sale, or transportation of intoxicating liquors
within, the importation thereof into, or the exportation thereof
from the United States and all territory subject to the jurisdiction
thereof for beverage purposes is hereby prohibited.
Section 2. The Congress and the several States shall have
concurrent power to enforce this article by appropriate legislation.
Section 3. This article shall be inoperative unless it shall have
been ratified as an amendment to the Constitution by the
legislatures of the several States, as provided in the Constitution,
within seven years from the date of the submission hereof to the
States by the Congress. [Jan. 29, 1919]
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. [Aug. 26, 1920]
Amendment XX
Section 1. The terms of the President and Vice President shall
end at noon on the 20th day of January, and the terms of Senators
and Representatives at noon on the 3d day of January, of the years
in which such terms would have ended if this article had not been
ratified; and the terms of their successors shall then begin.
Section 2. The Congress shall assemble at least once in every
year, and such meeting shall begin at noon on the 3d day of January,
unless they shall by law appoint a different day.
Section 3. If, at the time fixed for the beginning of the term of
the President, the President elect shall have died, the Vice
President elect shall become President. If a President shall not
have been chosen before the time fixed for the beginning of his term,
or if the President elect shall have failed to qualify, then the
Vice President elect shall act as President until a President shall
have qualified; and the Congress may by law provide for the case
wherein neither a President elect nor a Vice President elect shall
have qualified, declaring who shall then act as President, or the
manner in which one who is to act shall be selected, and such person
shall act accordingly until a President or Vice President shall have
qualified.
Section 4. The Congress may by law provide for the case of the
death of any of the persons for whom the House of Representatives
may choose a President whenever the right of choice shall have
devolved upon them, and for the case of the death of any of the
persons from whom the Senate may choose a Vice President whenever
the right of choice shall have devolved upon them.
Section 5. Sections 1 and 2 shall take effect on the 15th day of
October following the ratification of this article.
Section 6. This article shall be inoperative unless it shall have
been ratified as an amendment to the Constitution by the
legislatures of three-fourths of the several States within seven
years from the date of its submission. [Feb. 6, 1933]
Amendment XXI
Section 1. The eighteenth article of amendment to the
Constitution of the United States is hereby repealed.
Section 2. The transportation or importation into any State,
Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof,
is hereby prohibited.
Section 3. This article shall be inoperative unless it shall have
been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven
years from the date of the submission hereof to the States by the
Congress. [Dec. 5, 1933]
Amendment XXII
Section 1. No person shall be elected to the office of the
President more than twice, and no person who has held the office of
President, or acted as President, for more than two years of a term
to which some other person was elected President shall be elected to
the office of the President more than once. But this Article shall
not apply to any person holding the office of President when this
Article was proposed by the Congress, and shall not prevent any
person who may be holding the office of President, or acting as
President, during the term within which this Article becomes
operative from holding the office of President or actingas President
during the remainder of such term.
Section 2. This article shall be inoperative unless it shall have
been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven
years from the date of its submission to the States by the Congress.
[Feb. 27, 1951]
Amendment XXIII
Section 1. The District constituting the seat of Government of
the United States shall appoint in such manner as the Congress may
direct:
A number of electors of President and Vice President equal to the
whole number of Senators and Representatives in Congress to which
the District would be entitled if it were a State, but in no event
more than the least populous State; they shall be in addition to
those appointed by the States, but they shall be considered, for the
purposes of the election of President and Vice President, to be
electors appointed by a State; and they shall meet in the District
and perform such duties as provided by the twelfth article of
amendment.
Section 2. The Congress shall have power to enforce this article
by appropriate legislation. [Mar. 29, 1961]
Amendment XXIV
Section 1. The right of citizens of the United States to vote in
any primary or other election for President or Vice President, for
electors for President or Vice President, or for Senator or
Representative in Congress, shall not be denied or abridged by the
United States or any State by reason of failure to pay any poll tax
or other tax.
Section 2. The Congress shall have power to enforce this article
by appropriate legislation. [Jan. 23, 1964]
Amendment XXV
Section 1. In case of the removal of the President from office or
of his death or resignation, the Vice President shall become
President.
Section 2. Whenever there is a vacancy in the office of the Vice
President, the President shall nominate a Vice President who shall
take office upon confirmation by a majority vote of both Houses of
Congress.
Section 3. Whenever the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such powers
and duties shall be discharged by the Vice President as Acting
President.
Section 4. Whenever the Vice President and a majority of either
the principal officers of the executive departments or of such other
body as Congress may by law provide, transmit to the President pro
tempore of the Senate and the Speaker of the House of
Representatives their written declaration that the President is
unable to discharge the powers and duties of his office, the Vice
President shall immediately assume the powers and duties of the
office as Acting President.
Thereafter, when the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that no inability exists, he
shall resume the powers and duties of his office unless the Vice
President and a majority of either the principal officers of the
executive department or of such other body as Congress may by law
provide, transmit within four days to the President pro tempore of
the Senate and the Speaker of the House of Representatives their
written declaration that the President is unable to discharge the
powers and duties of his office. Thereupon Congress shall decide the
issue, assembling within forty-eight hours for that purpose if not
in session. If the Congress, within twenty-one days after receipt of
the latter written declaration, or, if Congress is not in session,
within twenty-one days after Congress is required to assemble,
determines by two-thirds vote of both Houses that the President is
unable to discharge the powers and duties of his office, the Vice
President shall continue to discharge the same as Acting President;
otherwise, the President shall resume the powers and duties of his
office. [Feb. 10, 1967]
Amendment XXVI
Section 1. The right of citizens of the United States, who are
eighteen years of age or older, to vote shall not be denied or
abridged by the United States or by any State on account of age.
Section 2. The Congress shall have power to enforce this article
by appropriate legislation. [June 30, 1971]
Source: 1 United States Code Annotated 25 (1987)
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