Adopted by
Congress: 17 September 1787
Put into effect: 4 March 1789
PREAMBLE
We the People of the United States, in Order to form a
more perfect Union,
establish Justice, insure domestic Tranquility, provide
for the common
defence, promote the general Welfare, and secure the
Blessings of Liberty to
ourselves and our Posterity, do ordain and establish the
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 a 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.
[Representative 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.](1)
The actual
Enumeration shall be made within three Years after the
first Meeting of the
Congress of the United States, and within every
subsequent Term of ten Years,
in such Manner as they shall by Law direct. The Number of
Representatives
shall not exceed one for every thirty Thousand, but each
State shall have at
Least one Representative; and until such enumeration
shall be made, the State
of New Hampshire shall be entitled to chuse three,
Massachusetts eight,
Rhode-Island and Providence Plantations one, Connecticut
five, New-York six,
New Jersey four, Pennsylvania eight, Delaware one,
Maryland six, Virginia ten,
North Carolina five, South Carolina five, and Georgia
three.
When vacancies happen in the Representation from any
State, the Executive
Authority thereof shall issue Writs of Election to fill
such Vacancies.
The House of Representatives shall chuse their Speaker
and other Officers;
and shall have the sole Power of Impeachment.
Section 3. The Senate of the United States shall be
composed of two
Senators from each State, [chosen by the legislature
thereof,](2)
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
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](3).
No Person shall be a Senator who shall not have attained
to the Age of
thirty Years, and been nine Years a Citizen of the United
States, 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.
Judgement in Cases of Impeachment shall not extend
further than to removal
from Office, and disqualification to hold and enjoy any
Office of honor, Trust
or Profit under the United States: but the Party
convicted shall nevertheless
be liable and subject to Indictment, Trial, Judgment and
Punishment, according
to Law.
Section 4. The Times, Places and Manner of holding
Elections for Senators
and Representatives, shall be prescribed in each State by
the
Legislature thereof: but the Congress may at any time by
Law make or alter
such Regulations, except as to the Place of Chusing
Senators.
The Congress shall assemble at least once in every Year,
and such Meeting
shall [be on the first Monday in December,](4) 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 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
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 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.(5)
Every Order, Resolution, or Vote to which the Concurrence
of the Senate
and House of Representative 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
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
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 the
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.(6)
No Tax or Duty shall be laid on Articles exported from
any State.
No Preference shall be given by any Regulation of
Commerce or Revenue to
the Ports of one State over those of another: nor shall
Vessels bound to, or
from, one State, be obliged to enter, clear, or pay
Duties in another.
No Money shall be drawn from the Treasury, but in
Consequence of
Appropriations made by Law; and a regular Statement and
Account of the
Receipts and Expenditures of all public Money shall be
published from time to
time.
No Title of Nobility shall be granted by the United
States: And no Person
holding any Office of Profit or Trust under them, shall,
without the Consent
of the Congress, accept of any present, Emolument,
Office, or Title, of any
kind whatever, from any King, Prince, or foreign State.
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
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; 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,(7) 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 am 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.](8)
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
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.](9)
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 Offences
against the United States, except in Cases of
Impeachment.
He shall have Power, by and with the Advice and Consent
of the Senate, to
make Treaties, provided two-thirds of the Senators
present concur; and he
shall nominate, and by and with the Advice and Consent of
the Senate, shall
appoint Ambassadors, other public Ministers and Consuls,
Judges of the supreme
Court, and all other Officers of the United States, whose
Appointments are not
herein otherwise provided for, and which shall be
established by Law: but the
Congress may by Law vest the Appointment of such inferior
Officers, as they
think proper, in the President alone, in the Courts of
Law, or in the Heads of
Departments.
The President shall have Power to fill up all Vacancies
that may happen
during the Recess of the Senate, by granting Commissions
which shall expire at
the End of their next Session.
Section 3. He shall from time to time give to the
Congress Information of
the State of the Union, and recommend to their
Consideration
such Measures as he shall judge necessary and expedient;
he may, on
extraordinary Occasions, convene both Houses, or either
of them, and in Case
of Disagreement between them, with Respect to the Time of
Adjournment, he may
adjourn them to such Time as he shall think proper; he
shall receive
Ambassadors and other public Ministers; he shall take
Care that the Laws be
faithfully executed, and shall Commission all the
Officers of the United
States.
Section 4. The President, Vice President and all civil
Officers of the
United States, shall be removed from Office on
Impeachment for,
and Conviction of, Treason, Bribery, or other high Crimes
and Misdemeanors.
Article III.
Section 1. The judicial Power of the United States, shall
be vested in one
supreme Court, and in such inferior Courts as the
Congress may
from time to time ordain and establish. The Judges, both
of the supreme and
inferior Courts, shall hold their Offices during good
Behavior, and shall, at
stated Times, receive for their Services, a Compensation,
which shall not be
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 a Party, the supreme
Court shall have
original Jurisdiction. In all the other cases before
mentioned, the supreme
Court shall have appellate Jurisdiction, both as to Law
and Fact, with such
Exceptions, and under such Regulations as the Congress
shall make.
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,(10)
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.](11)
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
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 House 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, shallbe
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 whereof We have hereunto subscribed our Names.
George Washington
President and deputy from Virginia
NEW HAMPSHIRE. GEORGIA.
John Langdon William Few
Nicholas Gilman Abraham Baldwin
MASSACHUSETTS. CONNECTICUT.
Nathaniel Gorham William Samuel Johnson
Rufus King Roger Sherman
NEW JERSEY. NEW YORK.
William Livingston Alexander Hamilton
David Brearley
William Paterson MARYLAND.
Jonathan Dayton James McHenry
Daniel Carrol
PENNSYLVANIA. Daniel of St. Thomas Jenifer
Benjamin Franklin
Robert Morris VIRGINIA.
Thomas FitzSimons John Blair
James Wilson James Madison Jr.
Thomas Mifflin
George Clymer NORTH CAROLINA.
Jared Ingersoll William Blount
Gouverneur Morris Hugh Williamson
Richard Dobbs Spaight
DELAWARE.
George Read SOUTH CAROLINA.
John Dickinson John Ruttledge
Jacob Broom Charles Pinckney
Gunning Bedford Jr. Charles Cotesworth Pinckney
Richard Bassett Pierce Butler
Attest:
William Jackson, Secretary
The Amendments to the Constitution
Ratified 1791-1971
ARTICLES IN ADDITION TO, AND AMENDMENT OF, THE
CONSTITUTION OF THE UNITED STATES OF AMERICA, PROPOSED BY
CONGRESS, AND RATIFIED BY THE LEGISLATURES OF THE SEVERAL
STATES, PURSUANT TO THE 5th ARTICLE OF THE ORIGINAL
CONSTITUTION.(12)
(The first 10 Amendments were ratified 15 December 1791,
and form what is
known as the 'Bill of Rights'.)
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
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 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 reexamined in any Court of the
United States, than
according to the rules of the common law.
AMENDMENT VIII
Excessive bail shall not be required, nor excessive fines
imposed, nor
cruel and unusual punishment inflicted.
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 to it by the States, are reserved to the
States respectively, or to
the people.
AMENDMENT XI
(ratified February 7, 1795)
The Judicial power of the United States shall not be
construed to extend
to any suit in law or equity, commenced or prosecuted
against one of the
United States by Citizens of another State or by Citizens
or Subjects of any
Foreign State.
AMENDMENT XII
(ratified June 15, 1804)
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 the 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 a majority, then from the persons having the highest
numbers not
exceeding three on the list of those voted for as
President, the House of
Representative shall choose immediately, by ballot, the
President. But in
choosing the President, the votes shall be taken by
states, the
representations 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 case of
the death or other
constitutional disability of the President.--](13) 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, 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.
(ratified December 6, 1865)(14)
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.
AMENDMENT XIV
(ratified July 9, 1868)
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, Representatives in
Congress, the
Executive and Judicial officers of a State, or the
members of the Legislature
thereof, is denied to any of the male inhabitants of such
State, being
twenty-one years of age,(15) 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.
AMENDMENT XV
(ratified February 3, 1870)
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.
AMENDMENT XVI
(ratified February 3, 1913)
The Congress shall have power to lay and collect taxes on
incomes, from
whatever source derived, without apportionment among the
several States, and
without regard to any census or enumeration.
AMENDMENT XVII
(ratified April 8, 1913)
The Senate of the United States shall be composed of two
Senators from
each State, elected by the people thereof, for six years;
and each Senator
shall have one vote. The electors in each State shall
have the qualifications
requisite for electors of the most numerous branch of the
State legislatures.
When vacancies happen in the representation of any State
in the Senate,
the executive authority of such State shall issue writs
of election to fill
such vacancies: Provided, That the legislature of any
State may empower the
executive thereof to make temporary appointments until
the people fill the
vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the
election or term
of any Senator chosen before it becomes valid as part of
the Constitution.
AMENDMENT XVIII
(ratified January 16, 1919)
[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 of
the date of the submission hereof to the States by
Congress.](16)
AMENDMENT XIX
(ratified August 18, 1920)
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.
legislation.
AMENDMENT XX
(ratified January 23, 1933)
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 from whom the House of Representatives may
choose
a President whenever the right of choice shall have
devolved upon them, and
for the case of the death of any of the persons from whom
the Senate may
choose a Vice President whenever the right of choice
shall have devolved upon
them.
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
three-fourths of
the several States within seven Years from the date of
its submission.
AMENDMENT XXI
(ratified December 5, 1933)
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
AMENDMENT XXII
(ratified February 27, 1951)(17)
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 prevent any
person holding the
office of President when this Article was proposed by the
Congress, and shall
not apply to any person who may be holding the office of
President, or acting
as President, during the term within which this Article
becomes operative from
holding the office of President or acting as President
during the remainder of
such term.
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.
AMENDMENT XXIII
(ratified March 29, 1961)
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 Representative 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.
AMENDMENT XXIV
(ratified January 24, 1964)
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.
AMENDMENT XXV
(ratified February 10, 1967)
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.
AMENDMENT XXVI
(ratified July 1, 1971)
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 the power to enforce
this article by
appropriate legislation.
AMENDMENT XXVII
No law, varying the compensation for the service of the
senators
and representatives shall take effect, until an election
of
representatives shall have intervened.
AMENDMENT XXVIII
Section 1. No candidate for an elected office of the
United States
shall accept or solicit campaign funds except
individually, from
those citizens of the United States eligible to vote for
the
office in question.
Section 2. No candidate for an elected office of the
United States
shall accept or solicit a campaign contribution from any
individual constituent in excess of forty hours' wages at
the
minimum legal rate, or in excess of one hundred dollars
if the
Congress has not set such a minimum wage.
Section 3. No candidate for an elected office of the
United States
shall contribute funds to his or her own election
campaign in
excess of what any other constituent of that office may
contribute.
Section 4. No candidate for an elected office of the
United States
shall accept or solicit campaign funds except during the
calendar
year of the contested election.
Section 5. Each candidate for elected office shall record
the
date, time, amount and donor of each and every campaign
contribution received and the date, time, amount and
recipient of
each and every disbursement of such funds and these
records shall
be kept available to every citizen of the United States.
Section 6. Funds accepted, solicited, or disbursed for
campaigns
in other, subsidiary elections, such as elections to
determine a
political party's nominee for an elected office of the
United
States, shall be treated as are funds in the general
election and
each and every section of this article shall apply
separately but
equally to them.
Section 7. No funds shall be accepted, solicited, or
disbursed in
pursuit of an elected office of the United States except
as
specified in this article, and any and all such funds
left
undisbursed after the election is decided shall be added
to the
general fund of United States Treasury.
Section 8. The Congress shall have power to enforce this
article
by appropriate legislation but an individual found to be
in
violation of any of the above sections shall be
imprisoned for at
least a year and a day and for each contribution accepted
or
solicited in violation of the above sections be fined at
least
twice the amount of each such contribution.
NOTES
1. Changed by Section 2 of Amendment XIV (1868).
2. Changed by Section 1 of Amendment XVII (1913).
3. Changed by Clause 2 of Amendment XVII (1913).
4. Changed by Section 2 of Amendment XX (1933).
5. A presidential 'pocket veto' occurs when a bill is not
returned before
6. But see Amendment XVI (1913).
7. The Constitution does not require direct popular
election of presidential
electors, but all of the states mandated it by the
mid-19th century.
8. Superseded by Amendment XII (1804).
9. This clause has been affected by Amendment XXV (1967).
10. To "work Corruption of Blood" means to make
the family of the convicted
share his guilt.
11. Superseded by Amendment XIII (1865).
12. Amendment XXI was not ratified by state legislatures,
but by state
conventions summoned by Congress.
This version of the Constitution lacks the so-called
'preamble' to the
Bill of Rights (essentially a letter of transmittal from
Congress to the
states); most scholars believe it, and the letters of
transmittal
prefacing the other 16 amendments, unnecessarily
lengthens the text of the
Constitution.
13. Superseded by Section 3 of Amendment XX (1933).
14. Amendments XIII, XIV, and XV, known as the
Reconstruction Amendments, were
intended to guarantee the rights of slaves emancipated
during the Civil
War.
15. Changed by Section 1 of Amendment XXVI (1971).
16. Prohibition, ratified during wartime, was repealed by
Section 1 of
Amendment XXI (1933).
17. This amendment was added after Franklin D. Roosevelt
won four consecutive
presidential elections.
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