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CONSTITUTION OF THE UNITED STATES
Adopted by convention of States, September 17, 1787; Ratification
completed, June 21, 1788
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.
Note 13: Only
the 13th, 14th, 15th, and 16th articles of amendment had numbers assigned
to them at the time of ratification.
Note 14: This
sentence has been superseded by section 3 of amendment XX.
Note 15: See
amendment XIX and section 1 of amendment XXVI.
Note 16:
Repealed by section 1 of amendment XXI.
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