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The Constitution of
the U.S.A
Article I
Section 1: All legislative powers herein granted
shall be vested in a congress of the United States, which shall consist
of a Senate and House of Representatives.
Section 2: The House of Representatives shall be
composed of members chosen every second year by the people of the
several states, and the electors in each state shall have the
qualifications requisite for electors of the most numerous branch of the
state legislature.
No person shall be a representative who shall not have attained to the
age of twenty five years, and been seven years a citizen of the United
States, and who shall not, when elected, be an inhabitant of that state
in which he shall be chosen. Representatives and direct taxes shall
be apportioned among the several states which may be included within
this Union, according to their respective numbers, which shall be
determined by adding to the whole number of free persons, including
those bound to service for a term of years, and excluding Indians not
taxed, three fifths of all other persons. The actual enumeration
shall be made within three years after the first meeting of the congress
of the United States, and within every subsequent term of ten years, in
such manner as they shall by law direct. The number of Representatives
shall not exceed one for every thirty thousand, but each state shall
have at least one Representative; and until such enumeration shall be
made, the State of New Hampshire shall be entitled to choose three,
Massachusetts eight, Rhode-Island and Providence Plantations one,
Connecticut five, New-York six, New Jersey four, Pennsylvania eight,
Delaware one, Maryland six, Virginia ten, North Carolina five, South
Carolina five, and Georgia three.
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 Representative 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 choose their other officers and also a president pro
tempore, in the absence of the vice president, or when he shall exercise
the office of 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 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 on
any question shall, at the desire of one fifth of those present, be
entered on the journal.
Neither house during the session of congress, shall, without the consent
of the other, adjourn for more than three days, nor to any other place
than that in which the two houses shall be sitting.
Section 6 The senators and representatives shall
receive a compensation for their services, to be ascertained by law, and
paid out of the treasury of the United States. They shall in all cases,
except treason, felony and breach of the peace be privileged from arrest
during their attendance at the session of their respective houses, and
in going to and returning from the same; and for any speech or debate
in either house, they shall not be questioned in any other place.
No senator or representative shall, during the time for which he was
elected, be appointed to any civil office under the authority of the
United States, which shall have been created, or the emoluments whereof
shall have been encreased during such time; and no person holding any
office under the United States, shall be a Member of either house during
his continuance in office.
Section 7 All bills for raising revenue shall
originate in the House of Representatives; but the senate may propose or
concur with amendments as on other bills.
Every bill which shall have passed the house of representatives and the
senate, shall, before it becomes a law, be presented to the president of
the United States; If he approve he shall sign it, but if not he shall
return it, with his objections to that house in which it shall have
originated, who shall enter the objections at large on their journal,
and proceed to reconsider it. If after such reconsideration two thirds
of that house shall agree to pass the bill, it shall be sent, together
with the objections, to the other house, by which it shall likewise be
reconsidered, and if approved by two thirds of that house, it shall
become a law. But in all such cases the votes of both houses shall be
determined by yeas and nays, and the names of the persons voting for and
against the bill shall be entered on the journal of each house
respectively. If any bill shall not be returned by the president within
ten days (Sundays excepted) after it shall have been presented to him,
the same shall be a law, in like manner as if he had signed it, unless
the congress by their adjournment prevent its return, in which case it
shall not be a law.
Every order resolution or vote to which the concurrence of the senate
and house of representatives may be necessary (except on a question of
adjournment) shall be presented to the president of the United States;
and before the same shall take effect, shall be approved by him, or
being disapproved by him, shall be repassed by two thirds of the senate
and house of representatives, according to the rules and limitations
prescribed in the case of a bill.
Section 8 The congress shall have power to lay
and collect taxes, duties, imposts and excise, to pay the debts and
provide for the common defense 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 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 tow 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 of 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 tome.
No title of nobility shall be granted by the United States; and not
person holding any office of profit or trust under them, shall without
the consent of the congress accept of any present emolument, office or
title, of any kind whatever, from any king, prince, or foreign state.
Section 10 No state shall enter into any treaty,
alliance, ,or confederation; grant letters of marque and reprisal; coin
money; emit bills of credit; make any thing but gold and silver coin a
tender in payment of debts; pass any bill of attainder, ex post facto
law, or law impairing the obligation of contracts, or grant any title of
nobility.
No state shall, without the consent of the congress, lay any imposts or
duties on imports or exports, except what may be absolutely necessary
for executing it’s inspection laws; and the net produce of all duties
and imposts, laid by any state on imports or exports, shall be for the
use of the treasury of the United States; and all such laws shall be
subject to the revision and controul of the congress.
No state shall, without the consent of congress, lay any duty of
tonnage, keep troops, or ships of war in time of peace, enter into any
agreement or compact with another state, or with a foreign power, or
engage in war, unless actually invaded, or in such imminent dangers 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 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 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 by removed, or a president shat be
elected.
The president shall, at stated times, receive for his services, a
compensation, which shall neither be increased nor diminished during the
period for which he shall have been elected, and he shall not receive
within that period any other emolument from the United States, or any of
them.
Before he enter on the execution of his office he shall take the
following oath or affirmation:-“I do solemnly swear (or affirm) that I
will faithfully execute the office of president of the United States,
and will to the best of my Ability, preserve, protect and defend the
Constitution of the United States.”
Section 2 The president shall be commander in
chief of the army and navy of the united states, and of the militia of
the several states, when called into the actual service of the United
States; he may require the opinion, in writing, of the principal officer
in each of the executive departments, upon any subject relating to the
duties of their respective offices, and he shall have power to grant
reprieves and pardons for 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 tome five 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 Untied 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 tome ordain and establish. The
judges, both of the supreme and 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 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 the, 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 it’s 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 whereof we have hereunto subscribed our
names:
Signatures
The parts printed in italic have
been later modified by amendments. But those changes were often for the
worse and contrary to the believes and statements of the Founding
Fathers. One example is the introduction of the income tax.
The U.S. constitution was only ratified under the promise to add a “bill
of rights” to it that would consist in the first ten amendments that
were ratified on December 15, 1791.
The Bill of Rights
Amendment 1
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 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 witnesses against
him; to have compulsory process for obtaining witnesses in his favor,
and to have the assistance of counsel for his defense.
Amendment VII
In suits at common law, where the value in controversy shall exceed
twenty dollars, the right of trial by jury shall be otherwise reexamined
in any court of the United States, than according to the rules of the
common law.
Amendment VII
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. |