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Constitution of
the United States
(See Note
1)
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.
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.
Clause 1: 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.
Clause 2: 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.
Clause 3: 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.
(See Note 2)
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.
Clause 4: When vacancies happen in the Representation
from any State, the Executive Authority thereof shall
issue Writs of Election to fill such Vacancies.
Clause 5: The House of Representatives shall chuse
their Speaker and other Officers; and shall have the
sole Power of Impeachment.
Section. 3.
Clause 1: The Senate of the United States shall be
composed of two Senators from each State, chosen by the
Legislature thereof, (See
Note 3) for six Years; and each Senator
shall have one Vote.
Clause 2: Immediately after they shall be assembled
in Consequence of the first Election, they shall be
divided as equally as may be into three Classes. The
Seats of the Senators of the first Class shall be
vacated at the Expiration of the second Year, of the
second Class at the Expiration of the fourth Year, and
of the third Class at the Expiration of the sixth Year,
so that one third may be chosen every second Year; and
if Vacancies happen by Resignation, or otherwise, during
the Recess of the Legislature of any State, the
Executive thereof may make temporary Appointments until
the next Meeting of the Legislature, which shall then
fill such Vacancies. (See
Note 4)
Clause 3: No Person shall be a Senator who shall not
have attained to the Age of thirty Years, and been nine
Years a Citizen of the United States, and who shall not,
when elected, be an Inhabitant of that State for which
he shall be chosen.
Clause 4: The Vice President of the United States
shall be President of the Senate, but shall have no
Vote, unless they be equally divided.
Clause 5: 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.
Clause 6: The Senate shall have the sole Power to try
all Impeachments. When sitting for that Purpose, they
shall be on Oath or Affirmation. When the President of
the United States is tried, the Chief Justice shall
preside: And no Person shall be convicted without the
Concurrence of two thirds of the Members present.
Clause 7: 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.
Clause 1: The Times, Places and Manner of holding
Elections for Senators and Representatives, shall be
prescribed in each State by the Legislature thereof; but
the Congress may at any time by Law make or alter such
Regulations, except as to the Places of chusing
Senators.
Clause 2: The Congress shall assemble at least once
in every Year, and such Meeting shall be on the first
Monday in December, (See
Note 5) unless they shall by Law appoint
a different Day.
Section. 5.
Clause 1: Each House shall be the Judge of the
Elections, Returns and Qualifications of its own
Members, and a Majority of each shall constitute a
Quorum to do Business; but a smaller Number may adjourn
from day to day, and may be authorized to compel the
Attendance of absent Members, in such Manner, and under
such Penalties as each House may provide.
Clause 2: 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.
Clause 3: Each House shall keep a Journal of its
Proceedings, and from time to time publish the same,
excepting such Parts as may in their Judgment require
Secrecy; and the Yeas and Nays of the Members of either
House on any question shall, at the Desire of one fifth
of those Present, be entered on the Journal.
Clause 4: Neither House, during the Session of
Congress, shall, without the Consent of the other,
adjourn for more than three days, nor to any other Place
than that in which the two Houses shall be sitting.
Section. 6.
Clause 1: The Senators and Representatives shall
receive a Compensation for their Services, to be
ascertained by Law, and paid out of the Treasury of the
United States. (See
Note 6) They shall in all Cases, except
Treason, Felony and Breach of the Peace, beprivileged
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.
Clause 2: No Senator or Representative shall, during
the Time for which he was elected, be appointed to any
civil Office under the Authority of the United States,
which shall have been created, or the Emoluments whereof
shall have been 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.
Clause 1: All Bills for raising Revenue shall
originate in the House of Representatives; but the
Senate may propose or concur with Amendments as on other
Bills.
Clause 2: Every Bill which shall have passed the
House of Representatives and the Senate, shall, before
it become a Law, be presented to the President of the
United States; If he approve he shall sign it, but if
not he shall return it, with his Objections to that
House in which it shall have originated, who shall enter
the Objections at large on their Journal, and proceed to
reconsider it. If after such Reconsideration two thirds
of that House shall agree to pass the Bill, it shall be
sent, together with the Objections, to the other House,
by which it shall likewise be reconsidered, and if
approved by two thirds of that House, it shall become a
Law. But in all such Cases the Votes of both Houses
shall be determined by yeas and Nays, and the Names of
the Persons voting for and against the Bill shall be
entered on the Journal of each House respectively. If
any Bill shall not be returned by the President within
ten Days (Sundays excepted) after it shall have been
presented to him, the Same shall be a Law, in like
Manner as if he had signed it, unless the Congress by
their Adjournment prevent its Return, in which Case it
shall not be a Law.
Clause 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, according to the Rules and
Limitations prescribed in the Case of a Bill.
Section. 8.
Clause 1: 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;
Clause 2: To borrow Money on the credit of the United
States;
Clause 3: To regulate Commerce with foreign Nations,
and among the several States, and with the Indian
Tribes;
Clause 4: To establish an uniform Rule of
Naturalization, and uniform Laws on the subject of
Bankruptcies throughout the United States;
Clause 5: To coin Money, regulate the Value thereof,
and of foreign Coin, and fix the Standard of Weights and
Measures;
Clause 6: To provide for the Punishment of
counterfeiting the Securities and current Coin of the
United States;
Clause 7: To establish Post Offices and post Roads;
Clause 8: To promote the Progress of Science and
useful Arts, by securing for limited Times to Authors
and Inventors the exclusive Right to their respective
Writings and Discoveries;
Clause 9: To constitute Tribunals inferior to the
supreme Court;
Clause 10: To define and punish Piracies and Felonies
committed on the high Seas, and Offences against the Law
of Nations;
Clause 11: To declare War, grant Letters of Marque
and Reprisal, and make Rules concerning Captures on Land
and Water;
Clause 12: To raise and support Armies, but no
Appropriation of Money to that Use shall be for a longer
Term than two Years;
Clause 13: To provide and maintain a Navy;
Clause 14: To make Rules for the Government and
Regulation of the land and naval Forces;
Clause 15: To provide for calling forth the Militia
to execute the Laws of the Union, suppress Insurrections
and repel Invasions;
Clause 16: To provide for organizing, arming, and
disciplining, the Militia, and for governing such Part
of them as may be employed in the Service of the United
States, reserving to the States respectively, the
Appointment of the Officers, and the Authority of
training the Militia according to the discipline
prescribed by Congress;
Clause 17: To exercise exclusive Legislation in all
Cases whatsoever, over such District (not exceeding ten
Miles square) as may, byCession 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
Clause 18: To make all Laws which shall be necessary
and proper for carrying into Execution the foregoing
Powers, and all other Powers vested by this Constitution
in the Government of the United States, or in any
Department or Officer thereof.
Section. 9.
Clause 1: The Migration or Importation of such
Persons as any of the States now existing shall think
proper to admit, shall not be prohibited by the Congress
prior to the Year one thousand eight hundred and eight,
but a Tax or duty may be imposed on such Importation,
not exceeding ten dollars for each Person.
Clause 2: The Privilege of the Writ of Habeas Corpus
shall not be suspended, unless when in Cases of
Rebellion or Invasion the public Safety may require it.
Clause 3: No Bill of Attainder or ex post facto Law
shall be passed.
Clause 4: No Capitation, or other direct, Tax shall
be laid, unless in Proportion to the Census or
Enumeration herein before directed to be taken. (See
Note 7)
Clause 5: No Tax or Duty shall be laid on Articles
exported from any State.
Clause 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.
Clause 7: No Money shall be drawn from the Treasury,
but in Consequence of Appropriations made by Law; and a
regular Statement and Account of the Receipts and
Expenditures of all public Money shall be published from
time to time.
Clause 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.
Section. 10.
Clause 1: No State shall enter into any Treaty,
Alliance, or Confederation; grant Letters of Marque and
Reprisal; coin Money; emit Bills of Credit; make any
Thing but gold and silver Coin a Tender in Payment of
Debts; pass any Bill of Attainder, ex post facto Law, or
Law impairing the Obligation of Contracts, or grant any
Title of Nobility.
Clause 2: No State shall, without the Consent of the
Congress, lay any Imposts or Duties on Imports or
Exports, except what may be absolutely necessary for
executing 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.
Clause 3: No State shall, without the Consent of
Congress, lay any Duty of Tonnage, keep Troops, or Ships
of War in time of Peace, enter into any Agreement or
Compact with another State, or with a foreign Power, or
engage in War, unless actually invaded, or in such
imminent Danger as will not admit of delay.
Article. II.
Section. 1.
Clause 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
Clause 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 holding an Office of Trust or Profit under the
United States, shall be appointed an Elector.
Clause 3: The Electors shall meet in their respective
States, and vote by Ballot for two Persons, of whom one
at least shall not be an Inhabitant of the same State
with themselves. And they shall make a List of all the
Persons voted for, and of the Number of Votes for each;
which List they shall sign and certify, and transmit
sealed to the Seat of the Government of the United
States, directed to the President of the Senate. The
President of the Senate shall, in the Presence of the
Senate and House of Representatives, open 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. (See
Note 8)
Clause 4: 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.
Clause 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.
Clause 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,
(See
Note 9) the Same shall devolve on the
VicePresident, 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.
Clause 7: The President shall, at stated Times,
receive for his Services, a Compensation, 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.
Clause 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."
Section. 2.
Clause 1: The President shall be Commander in Chief
of the Army and Navy of the United States, and of the
Militia of the several States, when called into the
actual Service of the United States; he may require the
Opinion, in writing, of the principal Officer in each of
the executive Departments, upon any Subject relating to
the Duties of their respective Offices, and he shall
have Power to grant Reprieves and Pardons for Offences
against the United States, except in Cases of
Impeachment.
Clause 2: He shall have Power, by and with the Advice
and Consent of the Senate, to make Treaties, provided
two thirds of the Senators present concur; and he shall
nominate, and by and with the Advice and Consent of the
Senate, shall appoint Ambassadors, other public
Ministers and Consuls, Judges of the supreme Court, and
all other Officers of the United States, whose
Appointments are not herein otherwise provided for, and
which shall be established by Law: but the Congress may
by Law vest the Appointment of such inferior Officers,
as they think proper, in the President alone, in the
Courts of Law, or in the Heads of Departments.
Clause 3: 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.
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.
Clause 1: The judicial Power shall extend to all
Cases, in Law and Equity, arising under this
Constitution, the Laws of the United States, and
Treaties made, or which shall be made, under their
Authority;--to all Cases affecting Ambassadors, other
public Ministers and Consuls;--to all Cases of admiralty
and maritime Jurisdiction;--to Controversies to which
the United States shall be a Party;--to Controversies
between two or more States;--between a State and
Citizens of another State; (See
Note 10)--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.
Clause 2: 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.
Clause 3: The Trial of all Crimes, except in Cases of
Impeachment, shall be by Jury; and such Trial shall be
held in the State where the said Crimes shall have been
committed; but when not committed within any State, the
Trial shall be at such Place or Places as the Congress
may by Law have directed.
Section. 3.
Clause 1: Treason against the United States, shall
consist only in levying War against them, or in adhering
to their Enemies, giving them Aid and Comfort. No Person
shall be convicted of Treason unless on the Testimony of
two Witnesses to the same overt Act, or on Confession in
open Court.
Clause 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 Manner in which such Acts, Records and
Proceedings shall be proved, and the Effect thereof.
Section. 2.
Clause 1: The Citizens of each State shall be
entitled to all Privileges and Immunities of Citizens in
the several States.
Clause 2: A Person charged in any State with Treason,
Felony, or other Crime, who shall flee from Justice, and
be found in another State, shall on Demand of the
executive Authority of the State from which he fled, be
delivered up, to be removed to the State having
Jurisdiction of the Crime.
Clause 3: No Person held to Service or Labour in one
State, under the Laws thereof, escaping into another,
shall, in Consequence of any Law or Regulation therein,
be discharged from such Service or Labour, but shall be
delivered up on Claim of the Party to whom such Service
or Labour may be due. (See
Note 11)
Section. 3.
Clause 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 Consent of the
Legislatures of the States concerned as well as of the
Congress.
Clause 2: The Congress shall have Power to dispose of
and make all needful Rules and Regulations respecting
the Territory or other Property belonging to the United
States; and nothing in this Constitution shall be so
construed as to Prejudice any Claims of the United
States, or of any particular State.
Section. 4.
The United States shall guarantee to every State in
this Union a Republican Form of Government, and shall
protect each of them against Invasion; and on
Application of the Legislature, or of the Executive
(when the Legislature cannot be convened) against
domestic Violence.
Article. V.
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.
Article. VI.
Clause 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.
Clause 2: This Constitution, and the Laws of the
United States which shall be made in Pursuance thereof;
and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law
of the Land; and the Judges in every State shall be
bound thereby, any Thing in the Constitution or Laws of
any State to the Contrary notwithstanding.
Clause 3: The Senators and Representatives before
mentioned, and the Members of the several State
Legislatures, and all executive and judicial Officers,
both of the United States and of the several States,
shall be bound by Oath or Affirmation, to support this
Constitution; but no religious Test shall ever be
required as a Qualification to any Office or public
Trust under the United States.
Article. VII.
The Ratification of the Conventions of nine States,
shall be sufficient for the Establishment of this
Constitution between the States so ratifying the Same.
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,
GO WASHINGTON--Presidt. and deputy from Virginia
[Signed also by the deputies of twelve States.]
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 1ACotesworth 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
Attest William Jackson Secretary
NOTES
Note 1:
This text of the Constitution follows the engrossed copy
signed by Gen. Washington and the deputies from 12
States. The small superior figures preceding the
paragraphs designate Clauses, and were not in the
original and have no reference to footnotes.
The Constitution was
adopted by a convention of the States on September 17,
1787, and was subsequently ratified by the several
States, on the following dates: Delaware, December 7,
1787; Pennsylvania, December 12, 1787; New Jersey,
December 18, 1787; Georgia, January 2, 1788;
Connecticut, January 9, 1788; Massachusetts, February 6,
1788; Maryland, April 28, 1788; South Carolina, May 23,
1788; New Hampshire, June 21, 1788.
Ratification was
completed on June 21, 1788.
The Constitution was
subsequently ratified by Virginia, June 25, 1788; New
York, July 26, 1788; North Carolina, November 21, 1789;
Rhode Island, May 29, 1790; and Vermont, January 10,
1791.
In May 1785, a committee
of Congress made a report recommending an alteration in
the Articles of Confederation, but no action was taken
on it, and it was left to the State Legislatures to
proceed in the matter. In January 1786, the Legislature
of Virginia passed a resolution providing for the
appointment of five commissioners, who, or any three of
them, should meet such commissioners as might be
appointed in the other States of the Union, at a time
and place to be agreed upon, to take into consideration
the trade of the United States; to consider how far a
uniform system in their commercial regulations may be
necessary to their common interest and their permanent
harmony; and to report to the several States such an
act, relative to this great object, as, when ratified by
them, will enable the United States in Congress
effectually to provide for the same. The Virginia
commissioners, after some correspondence, fixed the
first Monday in September as the time, and the city of
Annapolis as the place for the meeting, but only four
other States were represented, viz: Delaware, New York,
New Jersey, and Pennsylvania; the commissioners
appointed by Massachusetts, New Hampshire, North
Carolina, and Rhode Island failed to attend. Under the
circumstances of so partial a representation, the
commissioners present agreed upon a report, (drawn by
Mr. Hamilton, of New York,) expressing their unanimous
conviction that it might essentially tend to advance the
interests of the Union if the States by which they were
respectively delegated would concur, and use their
endeavors to procure the concurrence of the other
States, in the appointment of commissioners to meet at
Philadelphia on the Second Monday of May following, to
take into consideration the situation of the United
States; to devise such further provisions as should
appear to them necessary to render the Constitution of
the Federal Government adequate to the exigencies of the
Union; and to report such an act for that purpose to the
United States in Congress assembled as, when agreed to
by them and afterwards confirmed by the Legislatures of
every State, would effectually provide for the same.
Congress, on the 21st of
February, 1787, adopted a resolution in favor of a
convention, and the Legislatures of those States which
had not already done so (with the exception of Rhode
Island) promptly appointed delegates. On the 25th of
May, seven States having convened, George Washington, of
Virginia, was unanimously elected President, and the
consideration of the proposed constitution was
commenced. On the 17th of September, 1787, the
Constitution as engrossed and agreed upon was signed by
all the members present, except Mr. Gerry of
Massachusetts, and Messrs. Mason and Randolph, of
Virginia. The president of the convention transmitted it
to Congress, with a resolution stating how the proposed
Federal Government should be put in operation, and an
explanatory letter. Congress, on the 28th of September,
1787, directed the Constitution so framed, with the
resolutions and letter concerning the same, to "be
transmitted to the several Legislatures in order to be
submitted to a convention of delegates chosen in each
State by the people thereof, in conformity to the
resolves of the convention."
On the 4th of March,
1789, the day which had been fixed for commencing the
operations of Government under the new Constitution, it
had been ratified by the conventions chosen in each
State to consider it, as follows: Delaware, December 7,
1787; Pennsylvania, December 12, 1787; New Jersey,
December 18, 1787; Georgia, January 2, 1788;
Connecticut, January 9, 1788; Massachusetts, February 6,
1788; Maryland, April 28, 1788; South Carolina, May 23,
1788; New Hampshire, June 21, 1788; Virginia, June 25,
1788; and New York, July 26, 1788.
The President informed
Congress, on the 28th of January, 1790, that North
Carolina had ratified the Constitution November 21,
1789; and he informed Congress on the 1st of June, 1790,
that Rhode Island had ratified the Constitution May 29,
1790. Vermont, in convention, ratified the Constitution
January 10, 1791, and was, by an act of Congress
approved February 18, 1791, "received and admitted into
this Union as a new and entire member of the United
States."
Note
2: The part of this Clause relating to the mode
of apportionment of representatives among the several
States has been affected by Section 2 of amendment XIV,
and as to taxes on incomes without apportionment by
amendment XVI.
Note 3: This Clause has been affected by Clause
1 of amendment XVII.
Note 4: This Clause has been affected by Clause
2 of amendment XVIII.
Note 5: This Clause has been affected by
amendment XX.
Note 6: This Clause has been affected by
amendment XXVII.
Note 7: This Clause has been affected by
amendment XVI.
Note 8: This Clause has been superseded by
amendment XII.
Note 9: This Clause has been affected by
amendment XXV.
Note 10: This Clause has been affected by
amendment XI.
Note 11: This Clause has been affected by
amendment XIII.
Note 12: The first ten amendments to the
Constitution of the United States (and two others, one
of which failed of ratification and the other which
later became the 27th amendment) were proposed to the
legislatures of the several States by the First Congress
on September 25, 1789. The first ten amendments were
ratified by the following States, and the notifications
of ratification by the Governors thereof were
successively communicated by the President to Congress:
New Jersey, November 20, 1789; Maryland, December 19,
1789; North Carolina, December 22, 1789; South Carolina,
January 19, 1790; New Hampshire, January 25, 1790;
Delaware, January 28, 1790; New York, February 24, 1790;
Pennsylvania, March 10, 1790; Rhode Island, June 7,
1790; Vermont, November 3, 1791; and Virginia, December
15, 1791.
Ratification was
completed on December 15, 1791.
The amendments were
subsequently ratified by the legislatures of
Massachusetts, March 2, 1939; Georgia, March 18, 1939;
and Connecticut, April 19, 1939.
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Amendments to the United States Constitution
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