in the same type as this paragraph, is placed within marks of parenthesis. )
We the People of the United States, hi Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the
common defence, promote the general Welfare, and secure the
Blessings of Liberty to ourselves and our Posterity, do ordain and
establish this CONSTITUTION for the United States of America.
ARTICLE I
Section i. All legislative Powers herein granted shall be vested
hi a Congress of the United States, which shall consist of a Senate and
House of Representatives.
Section 2. The House of Representatives shall be composed of
Members chosen every second Year by the People of the several States,
and the Electors hi each State shall have the Qualifications requisite
for Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall not have attained to
the Age of twenty five Years, and been seven Years a Citizen of the
United States, and who shall not, when elected, be an Inhabitant of
that State in which he shall be chosen.
Representatives and direct Taxes shall be apportioned among the
several States which may be included within this Union, according to
their respective numbers [which shall be determined by adding to the
whole Number of free Persons, including those bound to Service for a
Term of Years], and excluding Indians not taxed, [three fifths of all
other Persons]. 1 The actual Enumeration shall be made within three
i The abolition of slavery has rendered obsolete the clauses within brackets
in this paragraph.
1
2 APPENDIX I
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. 1 The number'of Representatives shall not exceed
one for every thirty Thousand, 2 but each State shall have at Least one
Representative.
When vacancies happen in the Representation from any State, the
Executive Authority thereof shall issue Writs of Election to fill such
Vacancies.
The House of Representatives shall chuse their Speaker and other
Officers ; and shall have the sole Power of Impeachment.
Section 3. The Senate of the United States shall be composed of
two Senators from each State, chosen [by the Legislature thereof,] 3 for
six Years ; and each Senator shall have one Vote.
[Immediately after they shall be assembled in Consequence of the
first Election, they shall be divided as equally as may be into three
Classes. The Seats of the Senators of the first Class shall be vacated
at the Expiration of the second Year, of the second Class at the Expira
tion 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 tem
porary Appointments until the next Meeting of the Legislature, which
shall then fill such Vacancies.] 4
No Person shall be a Senator who shall not have attained to the Age
of thirty Years, and been nine Years a Citizen of the United States, and
who shall not, when elected, be an Inhabitant of that State for which he
shall be chosen.
The Vice President of the United States shall be President of the
Senate, but shall have no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro
tempore, in the Absence of the Vice President, or when he shall exercise
the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When
sitting for that Purpose, they shall be on Oath or Affirmation. When
the President of the United States is tried, the Chief Justice shall
preside : And no Person shall be convicted without the Concurrence of
two thirds of the Members present.
1 The first census was taken in 1790, and one has been taken in the closing
year of each decade since.
2 The First Congress made the number 33,000. It is now (1916) 193,284.
8 Superseded by the Seventeenth Amendment.
4 See Seventeenth Amendment.
APPENDIX I 3
Judgment in Cases of Impeachment shall not extend further than to
removal from Office, and disqualification to hold and enjoy any Office
of honor, Trust, or Profit under the United States : but the Party con
victed shall nevertheless be liable and subject to Indictment, Trial,
Judgment, and Punishment, according to Law.
Section 4. The Tunes, Places, and Manner of holding Elections for
Senators and Representatives shall be prescribed in each State by the
Legislature thereof ; but the Congress may at any time by Law make
or alter such Regulations [except as to the Places of chusing Senators].
The Congress shall assemble at least once in every Year, and such
Meeting shall be on the first Monday in December, unless they shall
by Law appoint a different Day.
Section 5. Each House shall be the Judge of the Elections, Returns,
and Qualifications of its own Members, and a Majority of each shall
constitute a Quorum to do Business; but a smaller Number may
adjourn from day to day, and may be authorized to compel the Attend
ance of absent Members, in such Manner, and under such Penalties
as each House may provide.
Each House may determine the Rules of its Proceedings, punish its
Members for disorderly Behaviour, and, with the Concurrence of two
thirds, expel a member.
Each House shall keep a Journal of its Proceedings, and from time
to time publish the same, excepting such Parts as may in their Judgment
require Secrecy; and the Yeas and Nays of the Members of either
House on any question shall, at the Desire of one fifth of those Present,
be entered on the Journal.
Neither House, during the Session of Congress, shall, without the
Consent of the other, adjourn for more than three days, nor to any
other Place than that hi which the two Houses shall be sitting.
Section 6. 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
hi going to and returning from the same ; and for any Speech or Debate
in either House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time for which he
was elected, be appointed to any civil Office under the Authority of the
United States, which shall have been created, or the Emoluments
whereof shall have been encreased during such tune ; and no Person
holding any Office under the United States, shall be a Member of
either House during his Continuance in Office.
4 APPENDIX I
Section 7. All Bills for raising Revenue shall originate in the
House of Representatives ; but the Senate may propose or concur with
Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives
and the Senate, shall, before it become a Law, be presented to the
President of the United States ; If he approve he shall sign it, but if
not he shall return it, with his Objections, to that House in which it
shall have originated, who shall enter the Objections at large on their
Journal, and proceed to reconsider it. If after such Reconsideration
two thirds of that House shall agree to pass the Bill, it shall be sent,
together with the Objections, to the other House, by which it shall
likewise be reconsidered, and if approved by two thirds of that House,
it shall become a Law. But in all such Cases the Votes of both Houses
shall be determined by Yeas and Nays, and the Names of the Persons
voting for and against the Bill shall be entered on the Journal of each
House respectively. If any Bill shall not be returned by the President
within ten Days (Sundays excepted) after it shall have been presented
to him, the Same shall be a law, in like Manner as if he had signed
it, unless the Congress by their Adjournment prevent its Return,
in which Case it shall not be a Law. 1
1 The veto provision in the Massachusetts Constitution of 1780 ( 268) ran :
" Article II. No bill or resolve of the senate or house of representatives
shall become a law, and have force as such, until it shall have been laid be
fore the governor for his revisal; and if he, upon such revision, approve
thereof, he shall signify his approbation by signing the same. But if he have
any objection to the passing of such bill or resolve, he shall return the same,
together with his objections thereto, in writing, to the senate or house of rep
resentatives, in whatsoever the same shall have originated, who shall enter
the objections sent down by the governor, at large, on their records, and pro
ceed to reconsider the said bill or resolve; but if after such reconsideration,
two-thirds of the said senate or house of representatives shall, notwithstanding
the objections, agree to pass the same, it shall, together with the objections,
be sent to the other branch of the legislature, where it shall also be reconsid
ered, and if approved by two-thirds of the members present, shall have the
force of law ; but in all such cases, the vote of both houses shall be deter
mined by yeas and nays ; and the names of the persons voting for or against
the said bill or resolve shall be entered upon the public records of the Com
monwealth.
" And in order to prevent unnecessary delays, if any bill or resolve shall
not be returned by the governor within five days after it shall have been pre
sented, the same shall have the force of law."
The " pocket-veto " clause (the last provision of the text above) was origi
nal in the Federal Constitution.
APPENDIX I 5
Every Order, Resolution, or Vote to which the Concurrence of the
Senate and House of Representatives may be necessary (except on a
question of Adjournment) shall be presented to the President of the
United States ; and before the Same shall take Effect, shall be approved
by him, or being disapproved by him, shall be repassed by two thirds of
the Senate and House of Representatives, according to the Rules and
Limitations prescribed in the Case of a Bill.
Section 8. The Congress shall have Power To lay and collect
Taxes, Duties, Imposts, and 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 ;
To borrow Money on the Credit of the United States ;
To regulate Commerce with foreign Nations, and among the several
States, and with the Indian Tribes ;
To establish an uniform Rule of Naturalization, and uniform Laws
on the subject of Bankruptcies throughout the United States ;
To coin Money, regulate the Value thereof, and of foreign Coin,
and fix the Standard of Weights and Measures ;
To provide for the Punishment of counterfeiting the Securities
and current Com of the United States ;
To establish Post Offices and post Roads ;
To promote the Progress of Science and useful Arts, by securing
for limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries ;
To constitute Tribunals inf erior to the supreme Court ;
To define and punish Piracies and Felonies committed on the high
Seas, and Offences against the Law of Nations ;
To declare War, grant Letters of Marque and Reprisal, and make
Rules concerning Captures on Land and Water ;
To raise and support Armies, but no Appropriation of Money to that
Use shall be for a longer Term than two Years ;
To provide and maintain a Navy ;
To make Rules for the Government and Regulation of the land and
naval Forces ;
To provide for calling forth the Militia to execute the Laws of the
Union, suppress Insurrections and repel Invasions ;
To provide for organizing, arming, and disciplining, the Militia, and
for governing such Part of them as may be employed in the Service of
the United States, reserving to the States respectively, the Appointment
of the Officers, and the Authority of training the Militia according to
the discipline prescribed by Congress :
6 . APPENDIX I
To exercise exclusive Legislation in all Cases whatsoever, over such
District (not exceeding ten Miles square) as may, by Cession of partic
ular States, and the Acceptance of Congress, become the Seat of the
Government of the United States, and to exercise like Authority over
all Places purchased by the Consent of the Legislature of the State in
which the same shall be, for the Erection of Forts, Magazines, Arsenals,
dock- Yards, and other needful Buildings ; And
To make all Laws which shall be necessary and proper for carrying
into Execution the foregoing Powers, and all other Powers vested by this
Constitution in the Government of the United States, or in any Depart
ment or Officer thereof.
Section 9. [The Migration or Importation of such Persons as any of
the States now existing shall think proper to admit, shall not be pro
hibited by the Congress prior to the Year one thousand eight hundred
and eight, but a Tax or duty may be imposed on such Importation, not
exceeding ten dollars for each Person.]
The Privilege of the Writ of Habeas Corpus shall not be suspended,
unless when in Cases of Rebellion or Invasion the public Safety may
require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, 1 Tax shall be laid, unless in Propor
tion to the Census or Enumeration herein before directed to be taken.
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or
Revenue to the Ports of one State over those of another: nor shall
Vessels bound to, or from, one State, be obliged to enter, clear, or pay
Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of
Appropriations made by Law ; and a regular Statement and Account of
the Receipts and Expenditures of all public Money shall be published
from tune to time.
No Title of Nobility shall be granted by the United States : And no
Person holding any Office of Profit or Trust under them, shall, with
out the Consent of the Congress, accept of any present, Emolument,
Office, or Title, of any kind whatever, from any King, Prince, or foreign
State.
Section 10. No State shall enter into any Treaty, Alliance, or
Confederation; grant Letters of Marque and Reprisal; coin Money;
emit Bills of Credit ; make any Thing but gold and silver Coin a Tender
in Payment of Debts ; pass any Bill of Attainder, ex post facto Law, or
1 Modified by the Sixteenth Amendment.
APPENDIX I 7
Law impairing the Obligation of Contracts, or grant any Title of
Nobility.
No State shall, without the Consent of the Congress, lay any Im
posts 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 Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of
Tonnage, keep Troops, or Ships of War in time of Peace, enter into
any Agreement or Compact with another State, or with a foreign Power,
or engage in War, unless actually invaded, or in such imminent Danger
as will not admit of delay.
ARTICLE H
Section i. The executive Power shall be vested in a President of the
United States of America. He shall hold his Office during the Term of
four Years, and, together with the Vice President, chosen for the same
Term, be elected, as follows
Each State shall appoint, in such Manner as the Legislature thereof
may direct, a Number of Electors, equal to the whole Number of Sen
ators 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 hi their respective States, and vote by Ballot
for two Persons, of whom one at least shall not be an Inhabitant of the
same State with themselves. And they shall make a List of all the
Persons voted for, and of the Number of Votes for each ; which List they
shall sign and certify, and transmit sealed to the Seat of the Government
of the United States, directed to the President of the Senate. The
President of the Senate shall, in the Presence of the Senate and House
of Representatives, open all the Certificates, and the Votes shall then be
counted. The Person having the greatest Number of Votes shall be the
President, if such Number be a Majority of the whole Number of Elec
tors appointed ; and if there be more than one who have such Majority,
and have an equal Number of Votes, then the House of Representatives
shall immediately chuse by Ballot one of them for President ; and if no
Person have a Majority, then from the five highest on the List the said
House shall hi like Manner chuse the President. But in chusing the
President, the Votes shall be taken by States, the Representation from
8 APPENDIX I
each State having one Vote ... In every Case, after the Choice of the
President, the Person having the greatest Number of Votes of the Elec
tors shall be the Vice President. But if there should remain two or more
who have equal Votes, the Senate shall chuse from them by Ballot the
Vice President.] 1
The Congress may determine the Time of chusing the Electors, and
the Day on which they shall give their Votes ; which Day shall be the
same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United
States at the time of the Adoption of this Constitution, shall be eligible
to the Office of President ; neither shall any Person be eligible to that
Office who shall not have attained to the Age of thirty five Years, and
been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death,
Resignation, or Inability to discharge the Powers and Duties of the said
Office, the Same shall devolve on the Vice President, and the Congress
may by 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. 2
The President shall, at stated Times, receive for his Services, a Com
pensation, which shall neither be encreased nor diminished during the
Period for which he shall have been elected, and he shall not receive
within that Period any other Emolument from the United States, or
any of them. 3
Before he enter on the Execution of his Office, he shall take the fol
lowing Oath or Affirmation :
" I do solemnly swear (or affirm) that I will faithfully execute the
1 Superseded by Twelfth Amendment, which might well have been sub
stituted for this paragraph in the body of the document.
2 In 1792 Congress provided that the president pro tern of the Senate should
be next in succession, and after him the Speaker of the House. In 1886 (Jan.
19), this undesirable law was supplanted by a new one placing the succession
(after the Vice President) in the following order : Secretary of State, Secretary
of the Treasury, Secretary of War, Attorney General, Postmaster General,
Secretary of the Navy, Secretary of the Interior.
8 What is the antecedent of " them " ? The salary of George Washington
was fixed by the First Congress at $25,000. This amount remained unchanged
until 1871, when it was made $50,000. In 1909 the salary was raised to $75,000.
Large allowances are made also, in these latter days, for expenses of various
sorts, one item of $25,000, for instance, for traveling expenses, which is
the reason the salary is commonly referred to as $100,000.
APPENDIX I 9
Office of President of the United States, and will to the best of my
Ability, preserve, protect, and defend the Constitution of the United
States."
Section 2. The President shall be Commander in Chief of the Army
and Navy of the United States, and of the Militia of the several States,
when called into the actual Service of the United States ; he may require
the Opinion, hi writing, of the principal Officer in each of the executive
Departments, upon any Subject relating to the Duties of their respective
Offices, and he shall have Power to grant Reprieves and Pardons for
Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the
Senate, to make Treaties, provided two thirds of the Senators present
concur ; and he shall nominate, and by and with the Advice and Consent
of the Senate, shall appoint Ambassadors, other public Ministers and
Consuls, Judges of the supreme Court, and all other Officers of the
United States, whose Appointments are not herein otherwise provided
for, and which shall be established by Law : but the Congress may by
Law vest the Appointment of such inferior Officers, as they think proper,
in the President alone, in the Courts of Law, or in the Heads of Depart
ments.
The President shall have Power to fill up all Vacancies that may
happen during the Recess of the Senate, by granting Commissions which
shall expire at the End of their next Session.
Section 3. He shall from time to time give to the Congress Infor
mation of the State of the Union, and recommend to their Consideration
such Measures as he shall judge necessary and expedient; he may, on
extraordinary Occasions, convene both Houses, or either of them, and
in Case of Disagreement between them, with Respect to the Time of
Adjournment, he may adjourn them to such Time as he shall think
proper ; he shall receive Ambassadors and other public Ministers ; he
shall take Care that the Laws be faithfully executed, and shall Commis
sion all the Officers of the United States.
Section 4. The President, Vice President, and all civil Officers of
the United States shall be removed from office on Impeachment for,
and conviction of, Treason, Bribery, or other high Crimes and Mis
demeanours.
ARTICLE III
Section i. The judicial Power of the United States, shall be vested
in one supreme Court, and in such inferior Courts as the Congress may
from tune to time ordain and establish. The Judges, both of the
supreme and inferior Courts, shall hold their Offices during good
10 APPENDIX I
Behavior, and shall, at stated Times, receive for their Services, a Com
pensation, which shall not be diminished during their Continuance in
Office.
Section 2. The judicial Power shall extend to all Cases, in Law and
Equity, arising under this Constitution, the Laws of the United States,
and Treaties made, or which shall be made, under their Authority ;
to all Cases affecting Ambassadors, other public Ministers and Consuls ;
to all Cases of admiralty and maritime Jurisdiction ; to Contro
versies to which the United States shall be a Party ; to Controversies
between two or more States ; between a State and Citizens of another
State 1 ; between Citizens of different States, between Citizens
of the same State claiming lands under Grants of different States,
and between a State, or the Citizens thereof, and foreign States, Citizens
or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Con
suls, and those in which a State shall be Party, the supreme Court shall
have original Jurisdiction. In all the other Cases before mentioned, the
supreme Court shall have appellate Jurisdiction, both as to Law and
Fact, with such Exceptions, and under such Regulations as the Congress
shall make.
The trial of all Crimes, except in Cases of Impeachment, shall be by
Jury ; and such Trial shall be held in the State where the said Crimes
shall have been committed ; but when not committed within any State,
the Trial shall be at such Place or Places as the Congress may by Law
have directed.
Section 3. Treason against the United States, shall consist only in
levying War against them, or in adhering to their Enemies, giving them
Aid and Comfort. No Person shall be convicted of Treason unless on
the Testimony of two Witnesses to the same overt Act, or on Confession
in open Court.
The Congress shall have Power to declare the Punishment of Treason,
but no attainder of Treason shall work Corruption of Blood, or Forfeiture
except during the Life of the Person attainted.