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96 North Carolina Manual

merits whereof shall have been increased during such time ; and no
person holding any office under the United States shall be a mem-
ber of either House dui'ing 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
vi^ith 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 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 appi'oved
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 (Sun-
days 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 repassed
by two-thirds of the Senate and House of Representatives, accord-
ing to the rules and limitations prescribed in the case of a bill.

Sec. 8 — 1. The Congress shall have power:

To lay and collect taxes, duties, imposts and excises, to pay the
debts and provide for the common defense and general welfare of
the United States; but all duties, imposts and excises shall be uni-
form 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;



Constitution of the United States 97

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 postoffices and postroads;

8. To promote the progress of science and useful arts, by secur-
ing', 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 oflFenses 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 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 of the Government of the United States, and to exercise like
authority over all places purchased by the consent of the Legisla-
ture of the State in which the same shall be, for the erection of
forts, magazines, arsenals, dock-yards, and other needful build-
ings; — 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.



* This clause is superseded by Article XII, Amendments.



98 North Carolina Manual

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 im-
portation, 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 pro-
portion 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.

Sec. 10 — 1. No State shall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal; coin money;
emit bills of credit; make anything but gold and silver coin a ten-
der 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-



*See Article XVI, Amendments.



Constitution of the United States 99

duce 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 war, unless actually invaded, or in such im-
minent danger as will not admit of 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 dur-
ing the term of four years, and, together with the Vice President,
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 number
of Senators and Representatives to which the State may be entitled
in the Congress; but no Senator or Representative or person hold-
ing 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 inhabi-
tant 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 Presi-
dent of the Senate. The President of the Senate shall, in the pres-
ence of the Senate and House of Representatives open all the cer-
tificates, 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 imme-
diately 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
tion from each State having one vote; a quorum, for this purpose,
the President, the votes shall be taken by States, the representa-



100 North Carolina Manual

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.*

4. 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.

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
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.

6. 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.

7. The President shall, at stated times, receive for his services a
compensation which shall neither be increased nor diminished dur-
ing 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.

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

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

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 sev-
eral States, when called into the actual service of the United



Constitution of the United States 101

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 of-
ficers 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.

Sec. 4 — The President, Vice President, and all civil officers of
the United States, shall be removed from office on impeachment
for, and conviction of, treason, bribery, or other high crimes and
misdemeanors.

Article III

Section 1 — The judicial power of the United States shall be
vested in one Supreme Court, and in such inferior courts as the
Congress may from time to time ordain and establish. The judges,
both of the Supreme and inferior courts, shall hold their offices
during good behavior, and shall, at stated times, receive for their
services a compensation which shall not be diminished during their
continuance in office.



102 North Carolina Manual

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 jurisdic-
tion; — 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
g-rants 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
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 regu-
lations 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. o — 1. Treason against the United States shall consist only
in levying war against them, or in adhering to their enemies, giv-
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 privi-
leges and immunities of citizens in the several States,



Constitution of the United States 103

2. A person chai-ged 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 up on 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, or 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,

Sec, 4 — The United States shall guarantee to every State in this
Union a republican foi*m of government, and shall protect each of
them against invasion, and, on application of the Legislature, or of
the Executive (when the Legislature cannot be convened), against
domestic violence.

Article V

The Congress, whenever two-thirds of both 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 Con-
stitution, 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 Con-
gress; provided that no amendment which may be made prior to
the year one thousand eight hundred and eight shall in any man-
ner aff"ect the first and fourth clauses in the Ninth Section of the
First Article; and that no State, without its consent, shall be de-
prived of its equal suffrage in the Senate.



104 North Carolina Manual

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 qualifi-
cation to any office or public trust under the United States.

Article VII

The ratification of the Conventions 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 Gilman, Massachusetts
— Nathaniel Gorham, Rufus King, Connecticut — Wm. Saml. John-
son, 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 Ingersoll, Gouv.
Morris, Delaware — Geo. Read, John Dickinson, Jaco. Broom, Gun-
ning Bedford, Jr., Richard Bassett, Maryland — James McHenry,
Danl, Carroll, Dan. of St. Thos. Jenifer, Virginia — John Blair, Jas.
Madison, Jr. North Carolina — Wm. Blount, Hu. Williamson, Richd.
Dobbs Spaight, South Carolina — J. Rutledge, Charles Pinckney,
Charles Cotesworth Pinckney, Pierce Butler, Georgia — William
Few, Abr. Baldwin. Attest: William Jackson, Secretary.



Constitution of the United States 105

The Constitution was declared in effect on the first Wednesday in
March, 1789.

Amendments to the Constitution of the United States
The following amendments to the Constitution, Article I to X,
inclusive, were proposed at the First Session of the First Congress,
begun and held at the City of New York, on Wednesday, March 4,
1789, and were adopted by the necessary number of States. The
original proposal of the ten amendments was preceded by this
preamble and resolution:

"The conventions of a number of the States having, at the time
of their adopting- the Constitution, expressed a desire, in order to
prevent misconstruction or abuse of its powers, that further de-
claratory and restrictive clauses should be added, and as extending
the ground of public confidence in the Government will best insure
the beneficient ends of its institution:

"RESOLVED, By the Senate and House of Representatives of
the United States of America, in Congress assembled, two-thirds of
both Houses concurring, that the following articles be proposed to
the Legislatures of the several States, as amendments to the Con-
stitution of the United States; all or any of which articles, when
ratified by three-fourths of the said Legislatures, to be valid to all
intents and purposes, as part of the said Constitution, namely":

Amendments

the ten original amendments

(Sometimes called our Bill of Rights)
(Declared in force December 15, 1791)

Article I
Congress shall make no law respecting an establishment of re-
ligion, or prohibiting the free exercise thereof; or abridging the
freedom of speech or of the press ; or the right of the people peace-
ably to assemble, and to petition the Government for a redress of
grievances.

Article 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,



106 North Carolina Manual ,•

Article 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 man-
ner to be prescribed by law.

Article IV

The rio'ht 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 prob-
able cause, supported by oath or affirmation, and particularly de-
scribing the place to be searched, and the persons or things to be
seized.

Article 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, lib-
erty, or property, without due process of law; nor shall private
property be taken for public use, without just compensation.

Article 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 dis-
trict shall have been previously ascertained by law, and be in-
formed 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



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