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United States Constitution |
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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 defense, 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. Legislative powers; in whom
vested
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. House of Representatives, how and by
whom chosen Qualifications of a Representative. Representatives and direct taxes, how
apportioned. Enumeration. Vacancies to be filled. Power of choosing officers, and of
impeachment.
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1. The House of Representatives shall be composed of
members chosen every second year by the people of the several States, and the elector in
each State shall have the qualifications requisite for electors of the most numerous
branch of the State Legislature.
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2. No person shall be a Representative who shall not
have attained 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.
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3. Representatives [and direct taxes]
Altered
by 16th Amendment 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 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.]
Altered by 14th Amendment
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.
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4. When vacancies happen in the representation from any
State, the Executive Authority thereof shall issue writs of election to fill such
vacancies.
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5. The House of Representatives shall choose their
Speaker and other officers; and shall have the sole power of impeachment.
Section 3. Senators, how
and by whom chosen. How classified. State Executive, when to make temporary appointments,
in case, etc. Qualifications of a Senator. President of the Senate, his right to vote.
President pro tem., and other officers of the Senate, how chosen. Power to try
impeachments. When President is tried, Chief Justice to preside. Sentence.
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1. The Senate of the United States shall be composed of
two Senators from each State, [chosen by the Legislature thereof,]
Altered
by 17th Amendment for six years; and each Senator shall have one vote.
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2. 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.]
Altered by 17th Amendment
-
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,
and who shall not, when elected, be an inhabitant of that State for which he shall be
chosen.
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4. The Vice-President of the United States shall be
President of the Senate, but shall have no vote, unless they be equally divided.
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5. 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 the President of the United States.
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6. 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.
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7. 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, judgement and punishment,
according to law.
Section 4. Times, etc.,
of holding elections, how prescribed. One session in each year.
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1. 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 choosing Senators.
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2. The Congress shall assemble at least once in every
year, and such meeting shall be [on the first Monday in December,]
Altered
by 20th Amendment unless they by law appoint a different day.
Section 5. Membership,
Quorum, Adjournments, Rules, Power to punish or expel. Journal. Time of adjournments, how
limited, etc.
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1. 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.
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2. 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.
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3. Each House shall keep a journal of its proceedings,
and from time to time publish the same, excepting such parts as may in their judgement
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.
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4. 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. Compensation,
Privileges, Disqualification in certain cases.
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1. 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.
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2. 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 increased during such time; and no person holding any
office under the United States, shall be a member of either House during his continuance
in office.
Section 7. House to
originate all revenue bills. Veto. Bill may be passed by two-thirds of each House,
notwithstanding, etc. Bill, not returned in ten days to become a law. Provisions as to
orders, concurrent resolutions, etc.
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1. 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.
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2. Every bill which shall have passed the House of
Representatives and the Senate, shall, before it become a law, be presented to the
president of the United States; if he approve, he shall sign it, but if not, he shall
return it, with his objections, to that house in which it shall have originated, who shall
enter the objections at large on their journal, and proceed to reconsider it. If after
such reconsideration, two thirds of that house shall agree to pass the bill, it shall be
sent, together with the objections, to the other house, by which it shall likewise be
reconsidered, and if approved by two-thirds of that house, it shall become a law. But in
all such cases the votes of both houses shall be determined by yeas and nays, and the
names of the persons voting for and against the bill shall be entered on the journal of
each house respectively. If any bill shall not be returned by the president within ten
days (Sundays excepted) after it shall have been presented to him, the same shall be a
law, in like manner as if he had signed it, unless the Congress by their adjournment
prevent its return, in which case it shall not be a law.
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3. 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 re-passed 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. Powers of
Congress
The Congress shall have the power
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1. 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:
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2. To borrow money on the credit of the United
States:
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3. To regulate commerce with foreign nations, and among
the several states, and with the Indian tribes:
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4. To establish an uniform rule of naturalization, and
uniform laws on the subject of bankruptcies throughout the United States:
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5. To coin money, regulate the value thereof, and of
foreign coin, and fix the standard of weights and measures:
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6. To provide for the punishment of counterfeiting the
securities and current coin of the United States:
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7. To establish post-offices and post-roads:
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8. 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:
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9. To constitute tribunals inferior to the supreme
court:
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10. To define and punish piracies and felonies committed
on the high seas, and offences against the law of nations:
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11. To declare war, grant letters of marque and
reprisal, and make rules concerning captures on land and water:
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12. To raise and support armies, but no appropriation of
money to that use shall be for a longer term than two years:
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13. To provide and maintain a navy:
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14. To make rules for the government and regulation of
the land and naval forces:
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15. To provide for calling forth the militia to execute
the laws of the union, suppress insurrections and repel invasions:
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16. 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:
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17. 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,
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18. 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. Provision as
to migration or importation of certain persons. Habeas Corpus, Bills of attainder,
etc. Taxes, how apportioned. No export duty. No commercial preference. Money, how drawn
from Treasury, etc. No titular nobility. Officers not top receive presents, etc.
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1. 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 1808, but a tax or duty may be imposed on such importations,
not exceeding 10 dollars for each person.
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2. 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.
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3. No bill of attainder or ex post facto law
shall be passed.
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4. [No capitation, or other direct tax shall be laid
unless in proportion to the census or enumeration herein before directed to be taken.]
Altered by 16th Amendment
-
5. No tax or duty shall be laid on articles exported
from any state.
-
6. 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.
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7. 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.
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8. No title of nobility shall be granted by the United
States: And no person holding any office or 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. States
prohibited from the exercise of certain powers.
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1. 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.
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2. 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 control of the
Congress.
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3. 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 a war,
unless actually invaded, or in such imminent danger as will not admit of delay.
ARTICLE II
Section 1. President: his term of office.
Electors of President; number and how appointed. Electors to vote on same day.
Qualification of President. On whom his duties devolve in case of his removal, death, etc.
President's compensation. His oath of office.
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1. The Executive power shall be vested in a President of
the United States of America. He shall hold office during the term of four years, and
together with the Vice President, chosen for the same term, be elected as follows
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2. [Each State]
Altered by 23rd
Amendment shall appoint, in such manner as the Legislature 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 each; which list they shall sign and certify, and
transmit sealed to the seat of 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 choose 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 choose 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. 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 choose from them by
ballot the Vice President.]
Altered by 12th Amendment
-
3. The Congress may determine the time of choosing the
electors, and the day on which they shall give their votes; which day shall be the same
throughout the United States.
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4. 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.
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5. [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.]
Altered by 25th Amendment
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6. 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.
-
7. 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 the 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. President to
be Commander-in-Chief. He may require opinions of cabinet officers, etc., may pardon.
Treaty-making power. Nomination of certain officers. When President may fill
vacancies.
-
1. 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 against the United States, except in cases of impeachment.
-
2. 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.
-
3. The President shall have the 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. President
shall communicate to Congress. He may convene and adjourn Congress, in case of
disagreement, etc. Shall receive ambassadors, execute laws, and commission officers.
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 may
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. All civil offices forfeited for
certain crimes.
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. Judicial
powers. Tenure. Compensation.
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. Judicial
power; to what cases it extends. Original jurisdiction of Supreme Court Appellate. Trial
by Jury, etc. Trial, where
-
1. 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.]
Altered by 11th Amendment
-
2. 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.
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3. 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
defined. Proof of. Punishment
-
1. 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.
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2. 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. Each State to
give credit to the public acts, etc. of every other State.
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. Privileges of
citizens of each State. Fugitives from Justice to be delivered up. Persons held to service
having escaped, to be delivered up.
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1. The citizens of each state shall be entitled to all
privileges and immunities of citizens in the several states.
See the
14th Amendment
-
2. A person charged in any state with treason, felony,
or other crime, who shall flee 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.
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3. [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.]
Altered
by 13th Amendment
Section 3. Admission of
new States. Power of Congress over territory and other property.
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1. 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, without the consent
of the legislatures of the states concerned, as well as of the Congress.
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2. 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. Republican
form of government guaranteed. Each State to be protected.
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
Amendments
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 1808, 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
-
1. 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.
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2. 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.
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3. 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.
AMENDMENTS
The Ten Original Amendments: The Bill of Rights.
Proposed by Congress September 25, 1789. Ratified December 15, 1791.
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 of the press; or the right of the people peaceably to assemble, and to petition the
Government for a redress of grievances.
AMENDMENT II
A well-regulated militia, being necessary to the
security of a free State, the right of the people to keep and bear arms, shall not be
infringed.
AMENDMENT III
No soldier shall, in time of peace be quartered in any
house, without the consent of the owner, nor in time of war, but in a manner to be
prescribed by law.
AMENDMENT IV
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches and seizures, shall not be
violated, and no warrants shall issue, but upon probable cause, supported by oath or
affirmation, and particularly describing the place to be searched, and the persons or
things to be seized.
AMENDMENT V
No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the militia, when in actual service in
time of war or public danger; nor shall any person be subject for the same offense to be
twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a
witness against himself, nor be deprived of life, liberty, or property, without due
process of law; nor shall private property be taken for public use without just
compensation.
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 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 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.
End of the Bill of Rights
AMENDMENT XI
(Proposed by Congress March 4, 1794. 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
(Proposed by Congress December 9, 1803. Ratified
July 27, 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 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,]
Altered by 20th Amendment then
the Vice-President shall act as President, as in 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 numbers be a majority of the whole
number of electors appointed, and if no person have a majority, then from the two highest
numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose
shall consist of two-thirds of the whole number of Senators, and a majority of the whole
number shall be necessary to a choice. But no person constitutionally ineligible to the
office of President shall be eligible to that of Vice-President of the United
States.
AMENDMENT XIII
(Proposed by Congress January 31, 1865. Ratified
December 6, 1865.)
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
(Proposed by Congress June 13, 1866. 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 to deny to 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, 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 the power to enforce, by appropriate legislation, the provisions of
this article.
AMENDMENT XV
(Proposed by Congress February 26, 1869. 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 the
power to enforce this article by appropriate legislation.
AMENDMENT XVI
(Proposed by Congress July 2, 1909. Ratified
February 3, 1913.)
The Congress shall have power to lay and collect taxes
on incomes, from whatever sources derived, without apportionment among the several States,
and without regard to any census or enumeration.
AMENDMENT XVII
(Proposed by Congress May 13, 1912. 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
(Proposed by Congress December 18, 1917. Ratified
January 16, 1919.
Altered by Amendment 21)
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.
The Congress and the several States shall have
concurrent power to enforce this article by appropriate legislation.
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.
AMENDMENT XIX
(Proposed by Congress June 4, 1919. 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.
Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XX
Section 1. The terms
of the President and the Vice-President shall end at noon on the 20th day of January, and
the terms of Senators and Representatives at noon on the 3rd 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 3rd 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 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 (October 1933).
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.
AMENDMENT XXI
(Proposed by Congress February 20, 1933. 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 the date of the submission hereof to the States by the Congress.
AMENDMENT XXII
(Proposed by Congress March 21, 1947. Ratified
February 27, 1951.)
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 that two years of a term to which some other person was elected
President shall be elected to the office of President more that once.
But this Article shall not apply to any person holding
the office of President when this Article was proposed by Congress, and shall not prevent
any person who may be holding the office of President, or acting as President, during the
term the term within which this Article becomes operative from holding the office of
President or acting as President during the remainder of such term.
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
(Proposed by Congress June 16, 1960. Ratified March
29, 1961.)
Section 1. The District constituting the seat of
Government of the United States shall appoint in such manner as 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 preform 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
(Proposed by Congress August 27, 1962. Ratified
January 23, 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 poll tax or any other tax.
Section 2. Congress shall have power to
enforce this article by appropriate legislation.
AMENDMENT XXV
(Proposed by Congress July 6, 1965. 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 the 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, transmits 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 departments or of such other body as Congress may by law provide, transmits
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
(Proposed by Congress March 23, 1971. Ratified June
30, 1971.)
Section 1. The right of citizens of the United
States, who are 18 years of age or older, to vote shall not be denied or abridged by the
United States or any state on account of age.
Section 2. The Congress shall have power
to enforce this article by appropriate legislation.
AMENDMENT XXVII
(Proposed by Congress September 25, 1989. Ratified
May 8, 1992)
No law, varying the compensation for the services of
the Senators and Representatives, shall take effect, until an election of Representatives
shall have intervened.
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