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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.!

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 Presi-
dent pro tempore, in the absence of the Vice President, or when
he shall exercise the office of 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 con-
currence 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



*See Article XIV, Amendments.
fSee Article XVII, Amendments.



Constitution of the United States 105

any office of honor, trust, or profit under the United States; but
the party convicted shall nevertheless be liable and subject to
indictment, trial, judgment, and punishment, according to law.

Sec. 4 — 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 choos-
ing Senators.

2. The Congress shall assemble at least once in every year, and
such meeting shall be on the first Monday in December, unless
they shall by law appoint a diflferent day.

Sec. 5 — 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 i-ules of its proceedings, pun-
ish 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 judgment require secrecy; and the yeas and nays of the
members of either House on any question shall, at the desire of
one-fifth of those present, be entered on the journal.

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.

Sec. 6 — 1. The Senators and Representatives shall receive a com-
pensation 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.



106 North Carolina Manual

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 been created, or the
emoluments whereof shall have been 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.

Sec. 7 — 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 Representa-
tives and the Senate shall, before it becomes a law, be presented
to the President of the United States; if he approves, 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 objectives, 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 re-
spectively. 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 (ex-
cept on a question of adjournment) shall be presented to the Presi-
dent of the United States; and before the same shall take effect,
shall be approved by him, or being disapproved by him, shall be
repassed by two-thirds of the Senate and House of Representa-
tives, according to the rules and limitations prescribed in the case
of a bill.

Sec. 8. The Congress shall have power:

1. To lay and collect taxes, duties, imposts and excises, to pay



Constitution of the United States 107

the debts and provide for the common defense and general wel-
fare of the United States ; but all duties, imposts and exercises 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 a 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 standards of weights and measures;

6. To provide for the punishment of counterfeiting the securities
and current coin of the United States;

7. To establish postoffices and postroads;

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 offenses 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 State respec-
tively 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



108 North Carolina Manual

of 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 any department or officer thereof.

Sec. 9 — 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 one thousand eight
hundred and eight, but a tax or duty may be imposed on such
importation, not exceeding ten dollars for each person.

2. The privilege of the writ of habeas corpus shall not be sus-
pended, 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 hereinbefore directed to
be taken.'"

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 conse-
quence 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 of profit or trust under them,
shall, without the consent of the Congress, accept of any present,
emolument, office, or title, of any kind whatever, from any king,
prince, or foreign state.



*See Article XV'l, Amendments.



Constitution of the United States 109

Sec. 10 — 1. No State shall enter into any treaty, alliance, or con-
federation; grant letters of marque and reprisal; coin money; emit
bills of credit; make anything 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 abso-
lutely necessary for executing its inspection laws; and the net pro-
duce of all duties and imports, 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 war, unless actually invaded, or in
such imminent danger as will not admit delay.

Article II

Section 1 — 1. The executive power shall be vested in a Presi-
dent of the United States of America. He shall hold his office
during the term of four years, and, together with the Vice Presi-
dent, chosen for the same term, be elected as follows:

2. Each State shall appoint, in such manner as the legislature
thereof may direct, a number of electors, equal to the whole num-
ber 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.

3. The electors shall meet in their respective States, and vote
by ballot for two persons, of whom one at least shall not be an
inhabitant of the same state with themselves. And they shall make
a list of all the persons voted for, and of the number of votes for
each; which list they shall sign and certify, and transmit, sealed,
to the seat of the Government of the United States, directed to
the President of the Senate. The President of the Senate shall,
in the presence of the Senate and House of Representatives open



110 North Carolina Manual

all the cfi-tifioatos, and the votes shall then be counted. The per-
son havin<i- the fi'reatest number of votes shall be the President, if
such luiniber be a majority of the whole number of electors ap-
pointed; and if there be more than one who have such majority,
and have an eiiual number of votes, then the House of Representa-
tives shall immediately choose by ballot one of them for President;
and if no person have a majority, then from the five hip:hest 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 Presi-
dent, the person having the gi'eatest 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."

4. The Congress may determine tlie time of choosing the elec-
tors and the day on which they shall give their votes, which day
shall be the same throughout the United States.

5. 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 per-
son 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.

6. In case of the renioval 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.

7. The President shall, at stated times, receive for his services
a compensation which shall neither be increased nor diminished
during the period lor which he shall have been elected, and he



*This clause is superseded by Article XII, Amendments.



Constitution of the United States ill

shall not receive within that period any other emolument from the
United States, or any of them.

8. Before he enters on the execution of his office, he shall take
the following oath or affirmation:

"I do solemnly swear (or affirm) that I will faithfully execute
the office of President of the United States, and will, to the best
of my ability, preserve, protect, and defend the Constitution of the
United States."

Sec. 2 — 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 re-
lating to the duties of their respective offices; and he shall have
power to grant reprieves, and pardons for offenses against the
United States, except in cases of impeachment.

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 power to fill up all vacancies that
may happen during the recess of the Senate, by granting commis-
sions which shall expire at the end of their next session.

Sec. 3 — He shall from time to time give to the Congress infor-
mation of the State of the Union, and recommend to their consid-
eration such measures as he shall judge necessary and expedient;
he may, on extraordinary occasions, convene both Houses, or either
of them, and in case of disagreement between them with respect to
the time of adjournment, he may adjourn them to such time as he
shall think proper; he shall receive ambassadors and other public
ministers; he shall take care that the laws be faithfully executed,
and shall commission all the officers of the United States.



112 North Carolina Manual

Sec. 4 — Tlie 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 I— The judical power of the United States shall be
vested in one Supreme Court, and in such inferior courts as the
Congress may from time to time ordain and establish. The judges,
both of the Supreme and inferior courts, shall hold their offices
during good behavior, and shall, at stated times, receive for their
services a compensation which shall not be diminished during their
continuance in office.

Sec. 2 — 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 min-
isters and consuls; to all cases of admiralty and maritime juris-
diction; — 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 differ-
ent 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.

2. In all cases affecting ambassadors, other public ministers
and counsuls, and those in which a State shall be a party, the Su-
preme Court shall have original jurisdiction. In all the other cases
before mentioned the Supreme Court shall have appellate juris-
diction, 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.

Sec. 3 — 1. Treason against the United States shall consist only
in levying war against them, or in adhering to their enemies, giv-



Constitution of the United States 113

ing 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 — 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 man-
ner in which such acts, records and proceedings shall be proved,
and the effect thereof.

Sec. 2 — 1. The citizens of each State shall be entitled to all
privileges and immunities of citizens in the several States.

2. A person charged in any State with treason, felony, or other
crime, who shall flee from justice and be found in another State,
shall, on demand of the Executive authority of the State from
which he fled, be delivered up, to be removed to the State having
jurisdiction of the crime.

3. No person held to service or labor 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
labor, but shall be delivered upon claim of the party to whom such
service or labor may be due.

Sec. 3 — 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, on parts of States, without the con-
sent 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 Con-
stitution shall be so construed as to prejudice any claims of the
United States or of any particular State.



114 North Carolina Manual

Sec. 4^The United States shall guarantee to every State in
this Union a republican form of government, and shall protect
each of them against invasion, and, on application of the Legis-
lature, or of the Executive (when the Legislature cannot be con-
vened), against domestic violence.



Article V

The Congress, whenever two-thirds of both Houses shall deem it
necessary, shall propose amendments to this Constitution, or, on
the application of the Legislatures of two-thirds of the several
States, shall call a convention for proposing amendments, which,
in either case, shall be valid to all intents and purposes, as part
of this Constitution, when ratified by the Legislatures of three-
fourths of the several States, or by conventions in three-fourths
thereof, as the one or the other mode of ratification may be pro-
posed by the Congress; provided that no amendment which may be
made prior to the year one thousand eight hundred and eight shall
in any manner affect the first and fourth clauses in the Ninth
Section of the First Article; and that no State, without its con-
sent, 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, anything 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 Con-
stitution; but no religious test shall ever be required as a quali-
fication to any office or public trust under the United States.



Constitution of the United States 115

Article VII

The ratification of the Convention of nine States shall be suf-
ficient for the establishment of this Constitution between the States
so ratifying the same.

Done in Convention by the Unanimous Consent of the States
present the Seventeenth Day of September, in the Year of Our
Lord one thousand seven hundred and eighty-seven, and of the
Independence of the United States of America the Twelfth. In
witness whereof we have hereunto subscribed our names.

GEO. WASHINGTON, President and deputy from Virginia, New
Hampshire — John Langdon, Nicholas Gihnan, Massachusetts — Na-
thaniel Gorham, Rufus King, Connecticut — Wm. Saml. Johnson,
Roger Sherman, New York — Alexander Hamilton, New Jersey —
Wil. Livingston, David Brearley, Wm. Patterson, Jona. Dayton,
Pennsylvania — B. Franklin, Robt. Morris, Thos. Fitzsimmons, James
Wilson, Thomas Mifflin, Geo. Clymer, Jared IngersoU, Gouv. Morris,



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