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The Constitution
of The United States Of America
The Federal Convention convened
in the State House (Independence Hall) in Philadelphia on May 14, 1787, to
revise the Articles of Confederation. Because the delegations from only two
states were at first present, the members adjourned from day to day until a
quorum of seven states was obtained on May 25. Through discussion and debate it
became clear by mid-June that, rather than amend the existing Articles, the
Convention would draft an entirely new frame of government. All through the
summer, in closed sessions, the delegates debated, and redrafted the articles of
the new Constitution. Among the chief points at issue were how much power to
allow the central government, how many representatives in Congress to allow each
state, and how these representatives should be elected--directly by the people
or by the state legislators. The work of many minds, the Constitution stands as
a model of cooperative statesmanship and the art of compromise.
During the debates on the
adoption of the Constitution, its opponents repeatedly charged that the
Constitution as drafted would open the way to tyranny by the central government.
Fresh in their minds was the memory of the British violation of civil rights
before and during the Revolution. They demanded a "bill of rights"
that would spell out the immunities of individual citizens. Several state
conventions in their formal ratification of the Constitution asked for such
amendments; others ratified the Constitution with the understanding that the
amendments would be offered.
On September 25, 1789, the First
Congress of the United States therefore proposed to the state legislatures 12
amendments to the Constitution that met arguments most frequently advanced
against it. The first two proposed amendments, which concerned the number of
constituents for each Representative and the compensation of Congressmen, were
not ratified. Articles 3 to 12, however, ratified by three-fourths of the state
legislatures, constitute the first 10 amendments of the Constitution, known as
the Bill of Rights.
We the People of the United States, in
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.
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Article. I.
Section. 1.
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.
The House of Representatives shall be
composed of Members chosen every second Year by the People of the several
States, and the Electors in 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. 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 chuse 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.
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 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
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.
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.
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 convicted shall nevertheless be liable and subject to Indictment, Trial,
Judgment and Punishment, according to Law.
Section. 4.
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 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 Attendance 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 in which the two Houses shall be sitting.
Section. 6.
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.
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 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.
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.
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 Coin 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 inferior 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;
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
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.
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.
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, Tax shall
be laid, unless in Proportion 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 time 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, 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.
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.
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 it's 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.
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Article. II.
Section. 1.
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 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, 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 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 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 in like Manner chuse the President. But in chusing 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 chuse from them by Ballot the Vice President.
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.
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.
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."
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, 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 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 Departments.
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 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 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.
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 Misdemeanors.
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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 Behaviour, and
shall, at stated Times, receive for their Services a Compensation, 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 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.
In all Cases affecting Ambassadors, other
public Ministers and Consuls, 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.
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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 Manner in which such
Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section. 2.
The Citizens of each State shall be
entitled to all Privileges and Immunities of Citizens in the several States.
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.
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.
Section. 3.
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 Consent of the Legislatures of
the States concerned as well as of the Congress.
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.
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.
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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 proposed 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 Consent, shall be deprived of its equal
Suffrage in the Senate.
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Article. VI.
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.
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.
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.
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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 Word, "the," being
interlined between the seventh and eighth Lines of the first Page, the Word
"Thirty" being partly written on an Erazure in the fifteenth Line of
the first Page, The Words "is tried" being interlined between the
thirty second and thirty third Lines of the first Page and the Word
"the" being interlined between the forty third and forty fourth Lines
of the second Page.
Attest William Jackson Secretary
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,
G°. Washington Presidt and
deputy from Virginia
Delaware Geo: Read Gunning
Bedford jun John Dickinson Richard Bassett Jaco: Broom
Maryland James McHenry Dan of St
Thos. Jenifer Danl. Carroll
Virginia John Blair James Madison
Jr.
North Carolina Wm. Blount Richd.
Dobbs Spaight Hu Williamson
South Carolina J. Rutledge
Charles Cotesworth Pinckney Charles Pinckney Pierce Butler
Georgia William Few Abr Baldwin
New Hampshire John Langdon
Nicholas Gilman
Massachusetts Nathaniel Gorham
Rufus King
Connecticut Wm. Saml. Johnson
Roger Sherman
New York Alexander Hamilton
New Jersey Wil: Livingston David
Brearley Wm. Paterson Jona: Dayton
Pennsylvania B Franklin Thomas
Mifflin Robt. Morris Geo. Clymer Thos. FitzSimons Jared Ingersoll James Wilson
Gouv Morris
The Preamble to The Bill of
Rights
The Preamble to The Bill of
Rights
Congress of the United States
begun and held at the City of New-York, on Wednesday the fourth of March, one
thousand seven hundred and eighty nine.
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
declaratory and restrictive clauses should be added: And as extending the ground
of public confidence in the Government, will best ensure the beneficent 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 Constitution 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; viz.
ARTICLES in addition to, and
Amendment of the Constitution of the United States of America, proposed by
Congress, and ratified by the Legislatures of the several States, pursuant to
the fifth Article of the original Constitution.
Note: The following text is a
transcription of the first ten amendments to the Constitution in their original
form. These amendments were ratified December 15, 1791, and form what is known
as the "Bill of Rights."
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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.
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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.
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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.
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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.
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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 offence 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.
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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 defence.
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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 re-examined
in any Court of the United States, than according to the rules of the common
law.
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Amendment VIII
Excessive bail shall not be
required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted.
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Amendment IX
The enumeration in the
Constitution, of certain rights, shall not be construed to deny or disparage
others retained by the people.
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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.
Amendments 11-27 are listed
below.
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AMENDMENT XI Passed by Congress March 4, 1794. Ratified February 7, 1795.
Note: Article III, section 2, of
the Constitution was modified by amendment 11.
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.
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AMENDMENT XII Passed by Congress
December 9, 1803. Ratified June 15, 1804.
Note: A portion of Article II,
section 1 of the Constitution was superseded by the 12th amendment.
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 they shall make
distinct lists of all persons voted for as President, and of all persons 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, 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 number 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.
*Superseded by section 3 of the
20th amendment.
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AMENDMENT XIII Passed by Congress
January 31, 1865. Ratified December 6, 1865.
Note: A portion of Article IV,
section 2, of the Constitution was superseded by the 13th amendment.
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.
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AMENDMENT XIV Passed by Congress
June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of
the Constitution was modified by section 2 of the 14th amendment.
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 deny to any person
within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall
be apportioned among the several States according to their respective numbers,
counting the whole number of persons in each State, excluding Indians not taxed.
But when the right to vote at any election for the choice of electors for
President and Vice-President of the United States, Representatives in Congress,
the Executive and Judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants of such State,
being twenty-one years of age,* and citizens of the United States, or in any way
abridged, except for participation in rebellion, or other crime, the basis of
representation therein shall be reduced in the proportion which the number of
such male citizens shall bear to the whole number of male citizens twenty-one
years of age in such State.
Section 3. No person shall be a
Senator or Representative in Congress, or elector of President and
Vice-President, or hold any office, civil or military, under the United States,
or under any State, who, having previously taken an oath, as a member of
Congress, or as an officer of the United States, or as a member of any State
legislature, or as an executive or judicial officer of any State, to support the
Constitution of the United States, shall have engaged in insurrection or
rebellion against the same, or given aid or comfort to the enemies thereof. But
Congress may by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the
public debt of the United States, authorized by law, including debts incurred
for payment of pensions and bounties for services in suppressing insurrection or
rebellion, shall not be questioned. But neither the United States nor any State
shall assume or pay any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the loss or emancipation
of any slave; but all such debts, obligations and claims shall be held illegal
and void.
Section 5. The Congress shall
have the power to enforce, by appropriate legislation, the provisions of this
article.
*Changed by section 1 of the 26th
amendment.
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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.
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AMENDMENT XVI Passed by Congress
July 2, 1909. Ratified February 3, 1913.
Note: Article I, section 9, of
the Constitution was modified by amendment 16.
The Congress shall have power to
lay and collect taxes on incomes, from whatever source derived, without
apportionment among the several States, and without regard to any census or
enumeration.
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AMENDMENT XVII Passed by Congress
May 13, 1912. Ratified April 8, 1913.
Note: Article I, section 3, of
the Constitution was modified by the 17th amendment.
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.
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AMENDMENT XVIII Passed by
Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.
Section 1. 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.
Section 2. The Congress and the
several States shall have concurrent power to enforce this article by
appropriate legislation.
Section 3. 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.
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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.
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AMENDMENT XX Passed by Congress
March 2, 1932. Ratified January 23, 1933.
Note: Article I, section 4, of
the Constitution was modified by section 2 of this amendment. In addition, a
portion of the 12th amendment was superseded by section 3.
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 3d 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 3d 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.
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.
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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.
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AMENDMENT XXII Passed by Congress
March 21, 1947. Ratified February 27, 1951.
Section 1. 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 than two years of
a term to which some other person was elected President shall be elected to the
office of President more than 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.
Section 2. 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.
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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 perform such duties as provided by the
twelfth article of amendment.
Section 2. The Congress shall
have power to enforce this article by appropriate legislation.
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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 other tax.
Section 2. The Congress shall
have power to enforce this article by appropriate legislation.
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AMENDMENT XXV Passed by Congress
July 6, 1965. Ratified February 10, 1967.
Note: Article II, section 1, of
the Constitution was affected by the 25th amendment.
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 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, transmit 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 department or of such
other body as Congress may by law provide, transmit 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.
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AMENDMENT XXVI Passed by Congress
March 23, 1971. Ratified July 1, 1971.
Note: Amendment 14, section 2, of
the Constitution was modified by section 1 of the 26th amendment.
Section 1. The right of citizens
of the United States, who are eighteen years of age or older, to vote shall not
be denied or abridged by the United States or by any State on account of age.
Section 2. The Congress shall
have power to enforce this article by appropriate legislation.
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AMENDMENT XXVII Originally
proposed Sept. 25, 1789. Ratified May 7, 1992.
No law, varying the compensation
for the services of the Senators and Representatives, shall take effect, until
an election of representatives shall have intervened.
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