| |
The Constitution of the United
States
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.
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.
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.
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.
4. When vacancies happen in
the representation from any State, the Executive Authority thereof shall issue
writs of election to fill such vacancies.
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.
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.
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.
4. The Vice-President of the
United States shall be President of the Senate, but shall have no vote, unless
they be equally divided.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 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:
2. To borrow money on the
credit of the United States:
3. To regulate commerce with
foreign nations, and among the several states, and with the Indian tribes:
4. To establish an uniform
rule of naturalization, and uniform laws on the subject of bankruptcies
throughout the United States:
5. To coin money, regulate the
value thereof, and of foreign coin, and fix the standard of weights and
measures:
6. To provide for the
punishment of counterfeiting the securities and current coin of the United
States:
7. To establish post-offices
and post-roads:
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:
9. To constitute tribunals
inferior to the supreme court:
10. To define and punish
piracies and felonies committed on the high seas, and offences against the law
of nations:
11. To declare war, grant
letters of marque and reprisal, and make rules concerning captures on land and
water:
12. To raise and support
armies, but no appropriation of money to that use shall be for a longer term
than two years:
13. To provide and maintain a
navy:
14. To make rules for the
government and regulation of the land and naval forces:
15. To provide for calling
forth the militia to execute the laws of the union, suppress insurrections and
repel invasions:
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:
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, 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 to receive
presents, etc.
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.
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.
3. No bill of attainder or ex
post facto law shall be passed.
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.
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.
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.
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.
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.
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.
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
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.
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.
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}
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
The Ten Original Amendments:
The Bill of Rights.
Passed by Congress September
25, 1789. Ratified December 15, 1791.
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 con- strued 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.
AMENDMENT XI
Passed 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
Passed 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
Passed 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
Passed 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 f or 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
Passed 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
Passed 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
Passed 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
Passed 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
Passed 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
Passed 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
Passed 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 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
Passed 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
Passed 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
Passed 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
Passed 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
back
|