U.S. Constitution A to Z
- Publisher: CQ Press |
- Publication Year: 2002 |
- Online Publication Date: October 22, 2013 |
- DOI: http://dx.doi.org/10.4135/9781483302799 |
- Print ISBN: 9781568026992 |
- Online ISBN: 9781483302799 |
- Series: CQ Press: American Government A to Z Series |
- See Other Editions |
- Print Purchase Options
- Subject: American Political History, Constitutional Law
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- Publisher: CQ Press |
- Pub. Year: 2002 |
- Online Pub. Date: October 22, 2013 |
- DOI: 10.4135/9781483302799 |
- Print ISBN: 9781568026992 |
- Online ISBN: 9781483302799 |
- Series: CQ Press: American Government A to Z Series |
- See Other Editions |
- Print Purchase Options
- Subject: American Political History, Constitutional Law
There is no other volume that so clearly and concisely explains every key aspect of the U.S. Constitution. This classic, easy-to-use reference covers the events of recent years, including court cases with impact on Constitutional rights. Each of the more than 250 entries, arranged in encyclopedic A-to-Z format, provides accessible insight into the key questions readers have about the U.S. Constitution.
- Entries A-Z
Copyright by Sage Publications, Inc.
List of Entries
- Access to Courts
- Adams, John
- Administrative Agencies
- Admiralty and Maritime Law
- Admission of New States
- Advice and Consent
- Affirmative Action
- Age Discrimination
- Anthony, Susan B.
- Antitrust Law
- Appointment and Removal Power
- Armed Forces
- Articles of Confederation
- Assembly and Association
- Assistance of Counsel
- Attainder, Bills of
- Attorney General
- Baker v. Carr
- Balancing Tests
- Bill of Rights
- Borrowing Power
- Branches of Government
- Brown v. Board of Education of Topeka
- Buckley v. Valeo
- Bush v. Gore
- Campaign Financing
- Capital, National
- Capital Punishment
- Certiorari, Writs of
- Checks and Balances
- Chief Justice
- Church and State
- Civil Forefeiture
- Civil Rights
- Clear and Present Danger
- Commercial Speech
- Common Defense
- Common Law
- Comparable Worth
- Compensation of Officials
- Concurrent Powers
- Confirmation Process
- Conscience, Freedom of
- Conscientious Objection
- Constitution, U.S.
- Constitutional Convention of 1787
- Corwin, Edward S.
- Criminal Law
- Cruel and Unusual Punishment
- Death Penalty
- Declaration of Independence
- Democratic Party
- Die, Right to
- Direct Democracy
- Disabled Persons
- District of Columbia
- Domestic Relations
- Domestic Tranquility
- Double Jeopardy
- Dred Scott Case
- Due Process
- Economic Liberty
- Eighteenth Amendment
- Eighth Amendment
- Electoral College
- Eleventh Amendment
- Eligibility for Office
- Emergency Powers
- Eminent Domain
- Employment Discrimination
- Enumerated Powers
- Equal Protection
- Equal Rights Amendment
- Establishment Clause
- Ex Post Facto Laws
- Exclusionary Rule
- Exclusive Powers
- Executive Agreements
- Executive Branch
- Executive Orders
- Executive Powers
- Executive Privilege
- Export Duties
- Fair Trial
- Fairness Doctrine
- Federalist Papers
- Fifteenth Amendment
- Fifth Amendment
- First Amendment
- The Flag
- Fletcher v. Peck
- Foreign Affairs
- Founding Fathers
- Fourteenth Amendment
- Fourth Amendment
- Framers of the Constitution
- Fruit of the Poison Tree
- Full Faith and Credit
- Fundamental Rights
- General Welfare
- Gibbons v. Ogden
- Gideon v. Wainwright
- Good Behavior
- Grand Juries
- “Great Compromise”
- Griswold v. Connecticut
- Guarantee Clause
- Gun Control
- Habeas Corpus
- Hamilton, Alexander
- Handicapped Persons
- Hate Crimes
- Holmes, Oliver Wendell, Jr.
- House of Representatives
- Human Rights
- Illegal Aliens
- Implied Powers
- Incorporation Doctrine
- Independent Counsel
- Inherent Powers
- Income Tax
- Insular Cases
- Intellectual Property
- International Law
- International Relations
- Interstate Commerce
- Inverse Condemnation
- Jefferson, Thomas
- Joint Resolutions
- Judicial Branch
- Judicial Independence
- Judicial Review
- Jury Nullification
- Just Compensation
- Katz v. United States
- King, Martin Luther, Jr.
- Lame Ducks
- Law Enforcement
- Law of the Land
- Law of the Sea
- Legislative Branch
- Legislative Power
- Legislative Vetoes
- Lincoln, Abraham
- Line-Item Vetoes
- Local Government
- Madison, James
- Majority Leader
- Majority Rule
- Mapp v. Ohio
- Marbury v. Madison
- Marriage, Same-Sex
- Marshall, John
- Marshall, Thurgood
- Martin v. Hunter's Lessee
- George Mason
- McCulloch v. Maryland
- Minority Leader
- Miranda v. Arizona
- Monetary Power
- National Powers
- National Security
- Native Americans
- Necessary and Proper Clause
- New Jersey Plan
- New States
- New York Times Co. v. Sullivan
- Nineteenth Amendment
- Ninth Amendment
- Nobility, Titles of
- Oath of Office
- O'Connor, Sandra Day
- One Person, One Vote
- Original Intent
- Original Jurisdiction
- Pentagon Papers Case
- Perez v. Brownell
- Police Power
- Political Parties
- Poll Tax
- Popular Sovereignty
- Postal Power
- Prayer in School
- President of the Senate
- President Pro Tempore
- The Press
- Prior Restraint
- Privileges and Immunities
- Public Forums
- Public Safety
- Public Use
- Qualifications for Office
- Racial Discrimination
- Regents of the University of California v. Bakke
- Representative Government
- Republican Form of Government
- Republican Party
- Reverse Discrimination
- Roe v. Wade
- Rule of Law
- School Busing
- Science and Technology
- Scott v. Sandford
- Search and Seizure
- Second Amendment
- “Separate but Equal”
- Separation of Church and State
- Separation of Powers
- Seventeenth Amendment
- Seventh Amendment
- Sex Discrimination
- Signers of the Constitution
- Sixteenth Amendment
- Sixth Amendment
- Sovereign Immunity
- Speaker of the House
- Special Prosecutor
- Speech or Debate Clause
- Spending Power
- States' Rights
- Strict Construction
- Strict Scrutiny
- Supremacy Clause
- Supreme Court
- Taking of Property
- Tenth Amendment
- Term Limits
- Terms of Office
- Third Parties
- Thirteenth Amendment
- Titles of Nobility
- Twelfth Amendment
- Twentieth Amendment
- Twenty-fifth Amendment
- Twenty-first Amendment
- Twenty-fourth Amendment
- Twenty-second Amendment
- Twenty-seventh Amendment
- Twenty-sixth Amendment
- Twenty-third Amendment
- Unit Voting
- Unitary System of Government
- Vested Rights
- Vice President
- Virginia Plan
- Washington, George
- Weights and Measures
- Young, Ex Parte
- Youngstown Sheet and Tube Co. v. Sawyer
- Zenger's Case
Shaped by centuries of struggle for individual freedom and representative government, the U.S.. Constitution has itself influenced countless democratic reforms around the globe since it was written in 1787. Although it is the world's oldest written constitution still in force, it has undergone numerous tests, reinterpretations, and amendments over the years. The following represent some of the major milestones in the Constitution's development:510 b.c.e.
Cliesthenes introduces democratic reforms in Athens, extending citizenship and broadening participation in the government.509 b.c.e.
The Romans oust their last king, after which the Senate rules the republic of Rome until 23 b.c.e., when the Roman Empire begins under Augustus Caesar.1215
English barons force King John to accept limitations on the monarchy set forth in Magna Carta, the Great Charter of Liberties, which later kings confirmed more than thirty times, with amendments.1407
Henry VI of England agrees that revenue measures should originate in the legislature's lower house, a practice later followed in the U.S.. Constitution.1606
The First Charter of Virginia is granted to the Jamestown settlement, guaranteeing individuals full British “liberties, franchises, and immunities.”1620
The Mayflower Compact, presaging later American documents of self-government, states that the new colony will “combine ourselves into a civil body Politik.”1628
Charles I assents to the Petition of Right, a parliamentary declaration of the liberties of the people.1639
The Connecticut colony adopts the Fundamental Orders of Connecticut, the world's first written constitution.1643
The United Colonies of New England are formed as a defensive measure after the outbreak of civil war in England in 1642.1687
William Penn's commentary on Magna Carta, The Excellent Priviledge of Liberty and Property, is published in Philadelphia.1688–89
In the “Glorious Revolution” (also called the “Bloodless Revolution”), Parliament deposes James II and installs William and Mary as king and queen of England. Parliament then passes a Bill of Rights establishing its own rights, which William accepts in exchange for receiving the crown.1735
A jury refuses to follow judges' instructions to convict the printer Peter Zenger of seditious libel against the government, setting an early precedent for freedom of the press.1765
The Resolutions of the Congress of 1765 are drawn up in New York and signed by nine colonies opposed to the range of duties levied by the Stamp Act imposed by the British Parliament earlier that year.1774
The Declarations and Resolves of the First Continental Congress assert that the British have no rights to pass any laws in the colonies.1775
The Revolutionary War begins with the “shot heard 'round the world” on April 19, 1775, in Lexington, Massachusetts. The Second Continental Congress convenes in Philadelphia.1776
In June the Virginia Declaration of Rights, written by George Mason, is adopted by the Virginia legislature. The following month, the Declaration of Independence is issued on July 4, 1776, by the Continental Congress in Philadelphia.1781
The Articles of Confederation and Perpetual Union for the thirteen newly independent states are declared ratified by the Continental Congress in March. They remain in effect until July 2, 1789, when Cyrus Griffin, the president of the Congress under the Articles, declares them to be abrogated by the new Constitution.1783
The Treaty of Paris, marking the end of the Revolutionary War between the United States and Great Britain, is signed on September 3.1786
After delegates to a special meeting in Annapolis, Maryland, discuss problems under the Articles of Confeeration, some states ask the Continental Congress to revise the Articles. Shays's Rebellion begins in Massachusetts, adding impetus to the need for national power to quell such insurrections.1787
The Constitutional Convention convenes in Philadelphia on May 25 and soon begins to draft a new constitution for the United States. Texts of the Virginia Plan and the New Jersey Plan, representing the varied concerns of larger and smaller states, respectively, are presented. On September 17 the draft of the Constitution is signed by thirty-nine of the forty-two delegates present. In October Alexander Hamilton writes the first of the Federalist Papers to support ratification; the series of eighty-five pieces is completed in May 1788. Delaware becomes the first state to ratify the Constitution on December 7.1788
On June 21 New Hampshire becomes the ninth state needed to ratify the Constitution, allowing Congress to appoint a committee to guide the transition from a government under the Articles of Confederation to one under the new document. In September Congress resolves to fix the date for the election of a president and the organization of the government under the Constitution.1789
The first session of Congress convenes March 4, and George Washington, who was unanimously chosen president by the electoral college, takes office on April 30. On June 8 James Madison introduces constitutional amendments in the House of Representatives that will become the Bill of Rights; Congress proposes these first twelve changes to the states in September.1791
On February 18 Vermont is admitted to the Union under the Constitution's procedures for admission of new states. The Bill of Rights goes into effect on December 15.1794
The Whiskey Rebellion in Pennsylvania is suppressed by a militia from four states led by the federal government.1795
Ratification of the Eleventh Amendment limits the judiciary's power with respect to suits against the states. The Alien and Sedition Acts make it a crime to publish any “false, scandalous, and malicious” writings against the national government.1801
The presidential election of 1800 produces an electoral college tie between Thomas Jefferson and Aaron Burr that is resolved in the House of Representatives after more than thirty ballots, setting the stage for the Twelfth Amendment (1804). John Marshall is appointed chief justice.1803
Marbury v. Madison sets a precedent for allowing the federal courts to exercise judicial review of the constitutionality of legislative branch actions.1804
Ratification of the Twelfth Amendment requires the electoral college to vote separately for president and vice president. No longer does the candidate who receives the second highest number of votes in the electoral college become vice president.1810
In Fletcher v. Peck, the Georgia legislature's attempt to annul contracts authorized by the previous legislature is held unconstitutional by the Supreme Court under the Constitution's contract clause.1819
In McCulloch v. Maryland, the Supreme Court upholds the implied power of Congress to create a national bank and assure it immunity from state taxation.1820
The “Missouri Compromise” in Congress maintains a parity of free and slave states by admitting new states into the Union in pairs—one free state and one slave state at a time.1824
In Gibbons v. Ogden, Congress's broad power to regulate interstate commerce is upheld by the Supreme Court.1833
In Barron v. Baltimore, the Supreme Court refuses to make the protections of the Bill of Rights applicable to state actions.1850
The Fugitive Slave Act authorizes slave owners to capture runaway slaves, with few or no legal safeguards for blacks, whether fugitive or free persons.1857
The Supreme Court rules in Scott v. Sandford—the Dred Scott case—that a slave or even a free black can never become a citizen of the United States.1861
The Civil War begins when seven Southern states assert their right to secede from the Union, primarily over the issue of slavery, and form the Confederate States of America. Abraham Lincoln, elected president in 1860, vows to preserve the Union with military force.1865
The Civil War ends with the Union restored, but Lincoln, who was reelected in 1864, is assassinated shortly after his second inauguration. The Thirteenth Amendment, abolishing slavery, is ratified.1866
The Civil Rights Act declares equal rights under the law and equal property rights for “[a]ll persons within the jurisdiction of the United States.”1868
The Fourteenth Amendment confirms citizenship for all persons born or naturalized in the United States. It precludes the states from abridging the privileges and immunities of citizens and guarantees equal protection of the laws and due process to all persons. President Andrew Johnson is impeached by the House of Representatives but escapes conviction in the Senate by one vote.1869
Texas v. White finds secession of states unconstitutional and upholds Congress's power to establish provisional governments in former Confederate states.1870
The Fifteenth Amendment outlaws racial discrimination in voting.1873
The Slaughterhouse Cases limit the Fourteenth Amendment's protection to the rights of citizens of the United States and not to citizens of individual states.1875
The Civil Rights Act prohibits racial discrimination in public accommodations, but in 1883 it is struck down by the Supreme Court, which rules that such a law lies outside Congress's power under the Thirteenth and Fourteenth Amendments.1879
Reynolds v. United States holds that the freedom of religion guarantee in the First Amendment does not invalidate Congress's authority to ban polygamy as a “violation of social duties or subversive of good order.”1896
In Plessy v. Ferguson, the Supreme Court upholds “separate but equal” racial segregation in public transportation.1908
Ex parte Young validates the use of injunctions to block the enforcement of unconstitutional state laws, allowing suits against individual state officials rather than the state itself, thus limiting the effect of the Eleventh Amendment.1913
The Sixteenth Amendment authorizes the collection of federal income tax without the need to apportion it among the states. The Seventeenth Amendment requires the popular election of U.S.. senators rather than selection by their state legislatures.1917
The Eighteenth Amendment prohibits the sale, transportation, importation, and exportation of liquor, leading to a sixteen-year experiment in Prohibition.1920
The Nineteenth Amendment finally gives women the right to vote.1931
The Supreme Court holds in Near v. Minnesota that the Fourteenth Amendment bars states from censoring the press before publication.1932
In the Scottsboro Cases, the Supreme Court decides that under certain circumstances defendants must have the assistance of counsel in state murder trials to satisfy the due process requirements of the Fourteenth Amendment.1933
The Twentieth Amendment sets January 3 for new Congresses to convene and January 20 for the inauguration of the president. The Twenty-first Amendment repeals the Eighteenth Amendment prohibiting liquor.1951
The Twenty-second Amendment limits the president to two terms.1954
Brown v. Board of Education of Topeka bans “separate but equal” segregation in public schools as unconstitutional under the equal protection clause of the Fourteenth Amendment.1961
In Mapp v. Ohio, the Supreme Court declares that illegally obtained evidence must be excluded from state criminal trials. The Twenty-third Amendment authorizes the District of Columbia to select three electors for president and vice president.1962
Baker v. Carr prepares the way for reapportionment and redistricting by state legislatures, based on the principle of “one person, one vote.”1963
Gideon v. Wainwright requires the appointment of lawyers for indigent defendants in state as well as federal felony cases.1964
The Civil Rights Act establishes significant protections against discrimination in public accommodations and employment. The Twenty-fourth Amendment outlaws poll taxes in federal elections. New York Times Co. v. Sullivan confirms constitutional protection for publications that criticize public officials.1966
Miranda v. Arizona establishes “Miranda rules” for police to use in informing suspects of their constitutional right against self-incrimination and right to counsel.1967
The Twenty-fifth Amendment provides for presidential succession in the event the president becomes disabled. Katz v. United States extends protection from government eavesdropping in locations where there is an expectation of privacy. Thurgood Marshall becomes the first African American justice appointed to the Supreme Court.1971
The Twenty-sixth Amendment gives eighteen-year-olds the right to vote.1972
The Equal Rights Amendment is proposed by Congress, but the seven-year deadline and an additional three years expire without ratification.1973
Roe v. Wade guarantees the right to an abortion.1976
In Buckley v. Valeo, the Supreme Court upholds federal limits on contributions to election campaigns but finds limits on campaign spending to be unconstitutional.1978
Voting rights for the District of Columbia, proposed as the Twenty-third Amendment, are passed but ratified by only sixteen states within the specified period. Regents of the University of California v. Bakke prohibits the use of fixed quotas in affirmative action programs.1981
Sandra Day O'Connor becomes the first woman justice appointed to the Supreme Court.1990
The Americans with Disabilities Act extends protection to disabled persons against discrimination in employment, public areas, and state-sponsored programs.1992
The Twenty-seventh Amendment, drafted in 1789, is finally ratified, postponing salary increases for members of Congress until after an intervening election.1995
United States v. Lopez limits congressional authority under the commerce clause to regulate firearms.1996
Romer v. Evans invalidates a statewide referendum banning laws to protect homosexuals from discrimination, calling it a violation of the equal protection clause of the Fourteenth Amendment.1997
Clinton v. Jones allows a private damage suit against a sitting president to proceed while he is in office.1998
The House of Representatives impeaches President Bill Clinton, but he avoids conviction in the Senate.2000
After a recount of votes in Florida puts the state's twenty-five electoral votes in doubt, the Supreme Court's decision in Bush v. Gore decides the presidential election in favor of George W. Bush.2001
In response to the terrorist attacks of September 11 on the World Trade Center in New York City and the Pentagon outside Washington, D.C., the national government begins a war against terrorism. Antiterrorism measures—additional authority to intercept communications and establishment of military tribunals in particular—draw criticism as potential infringements of constitutional rights.
AppendixFirst Charter of VirginiaApril 10, 1606
James, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c. Whereas our loving and well-disposed Subjects, Sir Thomas Gales, and Sir George Somers, Knights, Richard Hackluit, Clerk, Prebendary of Westminster, and Edward-Maria Wingfield, Thomas Hanharm and Ralegh Gilbert, Esqrs. William Parker, and George Popham, Gentlemen, and divers others of our loving Subjects, have been humble Suitors unto us, that We would vouchsafe unto them our Licence, to make Habitation, Plantation, and to deduce a colony of sundry of our People into that part of America commonly called Virginia, and other parts and Territories in America, either appertaining unto us, or which are not now actually possessed by any Christian Prince or People, situate, lying, and being all along the Sea Coasts, between four and thirty Degrees of Northerly Latitude from the Equinoctial Line, and five and forty Degrees of the same Latitude, and in the main Land between the same four and thirty and five and forty Degrees, and the Islands “hereunto adjacent, or within one hundred Miles of the Coast thereof;
And to that End, and for the more speedy Accomplishment of their said intended Plantation and Habitation there, are desirous to divide themselves into two several Colonies and Companies; the one consisting of certain Knights, Gentlemen, Merchants, and other Adventurers, of our City of London and elsewhere, which are, and from time to time shall be, joined unto them, which do desire to begin their Plantation and Habitation in some fit and convenient Place, between four and thirty and one and forty Degrees of the said Latitude, alongst the Coasts of Virginia, and the Coasts of America aforesaid: And the other consisting of sundry Knights, Gentlemen, Merchants, and other Adventurers, of our Cities of Bristol and Exeter, and of our Town of Plimouth, and of other Places, which do join themselves unto that Colony, which do desire to begin their Plantation and Habitation in some fit and convenient Place, between eight and thirty Degrees and five and forty Degrees of the said Latitude, all alongst the said Coasts of Virginia and America, as that Coast lyeth:
We, greatly commending, and graciously accepting of, their Desires for the Furtherance of so noble a Work, which may, by the Providence of Almighty God, hereafter tend to the Glory of his Divine Majesty, in propagating of Christian Religion to such People, as yet live in Darkness and miserable Ignorance of the true Knowledge and Worship of God, and may in time bring the Infidels and Savages, living in those parts, to human Civility, and to a settled and quiet Government: Do, by these our Letters Patents, graciously accept of, and agree to, their humble and well-intended Desires;
And do therefore, for Us, our Heirs, and Successors, Grant and agree, that the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward-Maria Wingfield, Adventurers of and for our City of London, and all such others, as are, or shall be, joined unto them of that Colony, shall be called the first Colony; And they shall and may begin their said first Plantation and Habitation, at any Place upon the said-Coast of Virginia or America, where they shall think fit and convenient, between the said four and thirty and one and forty Degrees of the said Latitude; And that they shall have all the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the said first Seat of their Plantation and Habitation by the Space of fifty Miles of English Statute Measure, all along the said Coast of Virginia and America, towards the West and Southwest, as the Coast lyeth, with all the Islands within one hundred Miles directly over against the same Sea Coast; And also all the Lands, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods, Waters, Marshes, Fishings, Commoditites, and Hereditaments, whatsoever, from the said Place of their first Plantation and Habitation for the space of fifty like English Miles, all alongst the said Coasts of Virginia and America, towards the East and Northeast, or towards the North, as the Coast lyeth, together with all the Islands within one hundred Miles, directly over against the said Sea Coast, [Page p529]And also all the Lands, Woods, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the same fifty Miles every way on the Sea Coast, directly into the main Land by the Space of one hundred like English Miles; And shall and may inhabit and remain there; and shall and may also build and fortify within any the same, for their better Safeguard and Defense, according to their best Discretion, and the Discretion of the Council of that Colony; And that no other of our Subjects shall be permitted, or suffered, to plant or inhabit behind, or on the Backside of them, towards the main Land, without the Express License or Consent of the Council of that Colony, thereunto in Writing; first had and obtained.
And we do likewise, for Us, Our Heirs, and Successors, by these Presents, Grant and agree, that the said Thomas Hanham, and Ralegh Gilbert, William Parker, and George Popham, and all others of the Town of Plimouth in the County of Devon, or elsewhere which are, or shall be, joined unto them of that Colony, shall be called the second Colony; And that they shall and may begin their said Plantation and Seat of their first Abode and Habitation, at any Place upon the said Coast of Virginia and America, where they shall think fit and convenient, between eight and thirty Degrees of the said Latitude, and five and forty Degrees of the same Latitude; And that they shall have all the Lands, Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the first Seat of their Plantation and Habitation by the Space of fifty like English Miles, as is aforesaid, all alongst the said Coasts of Virginia and al raerica towards the West and Southwest, or towards the South, as the Coast lyeth, and all the Islands within one hundred Miles, directly over against the said Sea Coast; And also all the Lands, Soils, Grounds, Havens, Ports, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the said Place of their first Plantation and Habitation for the Space of fifty like Miles, all alongst the said Coast of Virginia and America, towards the East and Northeast, or towards the North, as the Coast lyeth, and all the Islands also within one hundred Miles directly over against the same Sea Coast; And also all the Lands, Soils, Grounds, Havens, Ports, Rivers, Woods, Mines, Minerals, Marshes, Waters, Fishings, Commodities, and Hereditaments, whatsoever, from the same fifty Miles every way on the Sea Coast, directly into the main Land, by the Space of one hundred like English Miles; And shall and may inhabit and remain there; and shall and may also build and fortify within any the same for their better Safeguard, according to their best Discretion, and the Discretion of the Council of that Colony; And that none of our Subjects shall be permitted, or suffered, to plant or inhabit behind, or on the back of them, towards the main Land, without express Licence of the Council of that Colony, in Writing thereunto first had and obtained.
Provided always, and our Will and Pleasure herein is, that the Plantation and Habitation of such of the said Colonies, as shall last plant themselves, as aforesaid, shall not be made within one hundred like English Miles of the other of them, that first began to make their Plantation, as aforesaid.
And we do also ordain, establish, and agree, for Us, our Heirs, and Successors, that each of the said Colonies shall have a Council, which shall govern and order all Matters-and Causes, which shall arise, grow, or happen, to or within the same several Colonies, according to such Laws, Ordinances, and Instructions, as shall be, in that behalf, given and signed with Our Hand or Sign Manual, and pass under the Privy Seal of our Realm of England; Each of which Councils shall consist of thirteen Persons, to be ordained, made, and removed, from time to time, according as shall be directed and comprised in the same instructions; And shall have a several Seal, for all Matters that shall pass or concern the same several Councils; Each of which Seals, shall have the King's Arms engraver on the one Side thereof, and his Portraiture on the other; And that the Seal for the Council of the said first Colony shall have engraver round about, on the one Side, these Words; Sigillum Regis Magne Britanniae, Franciae, & Hiberniae; on the other Side this Inscription round about; Pro Concilio primae Coloniae Virginiae. And the Seal for the Council of the said second Colony shall also have engraven, round about the one Side thereof, the aforesaid Words; Sigillum Regis Magne Britanniae, Franciae, & Hiberniae; and on the other Side; Pro Concilio primae Coloniae Virginiae:
And that also there shall be a Council, established here in England, which shall, in like manner, consist of thirteen Persons, to be for that Purpose, appointed by Us, our Heirs and Successors, which shall be called our Council of Virginia; And shall, from time to time, have the superior Managing and Direction, only of and for all Matters that shall or may concern the Government, as well of the said several Colonies, as of and for any other Part or Place, within the aforesaid Precincts of four and thirty and five and forty Degrees abovementioned; Which Council shall, in like manner, have a Seal, for matters concerning the Council or Colonies, with the like Arms and Portraiture, as aforesaid, with this inscription, [Page p530]engraver round about on the one Side; Sigillum Regis Magne Britanniae, Franciae, & Hiberniae; and round about on the other Side, Pro Concilio fuo Virginiae.
And moreover, we do Grant and agree, for Us, our Heirs and Successors; that that the said several Councils of and for the said several Colonies, shall and lawfully may, by Virtue hereof, from time to time, without any Interruption of Us, our Heirs or Successors, give and take Order, to dig, mine, and search for all Manner of Mines of Gold, Silver, and Copper, as well within any Part of their said several Colonies, as of the said main Lands on the Backside of the same Colonies; And to Have and enjoy the Gold, Silver, and Copper, to be gotten thereof, to the Use and Behoof of the same Colonies, and the Plantations thereof; Yielding therefore to Us, our Heirs and Successors, the fifth Part only of all the same Gold and Silver, and the fifteenth Part of all the same Copper, so to be gotten or had, as is aforesaid, without any other Manner of Profit or Account, to be given or yielded to Us, our Heirs, or Successors, for or in Respect of the same:
And that they shall, or lawfully may, establish and cause to be made a Coin, to pass current there between the people of those several Colonies, for the more Ease of Traffick and Bargaining between and amongst them and the Natives there, of such Metal, and in such Manner and Form, as the said several Councils there shall limit and appoint.
And we do likewise, for Us, our Heirs, and Successors, by these Presents, give full Power and Authority to the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfeld, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and to every of them, and to the said several Companies, Plantations, and Colonies, that they, and every of them, shall and may, at all and every time and times hereafter, have, take, and lead in the said Voyage, and for and towards the said several Plantations, and Colonies, and to travel thitherward, and to abide and inhabit there, in every the said Colonies and Plantations, such and so many of our Subjects, as shall willingly accompany them or any of them, in the said Voyages and Plantations; With sufficient Shipping, and Furniture of Armour, Weapons, Ordinance, Powder, Victual, and all other things, necessary for the said Plantations, and for their Use and Defence there: Provided always, that none of the said Persons be such, as shall hereafter be specially restrained by Us, our Heirs, or Successors.
Moreover, we do, by these Presents, for Us, our Heirs, and Successors, Give and Grant Licence unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thornas Hanham, Ralegh Gilbert, William Parker, and George Popham, and to every of the said Colonies, that they, and every of them, shall and may, from time to time, and at all times forever hereafter, for their several Defences, encounter, expulse, repel, and resist, as well by Sea as by Land, by all Ways and Means whatsoever, all and every such Person or Persons, as without the especial Licence of the said several Colonies and Plantations, shall attempt to inhabit within the said several Precincts and Limits of the said several Colonies and Plantations, or any of them, or that shall enterprise or attempt, at any time hereafter, the Hurt, Detriment, or Annoyance, of the said several Colonies or Plantations:
Giving and granting, by these Presents, unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and their Associates of the said second Colony, and to every of them, from time to time, and at all times for ever hereafter, Power and Authority to take and surprise, by all Ways and Means whatsoever, all and every Person and Persons, with their Ships, Vessels, Goods, and other Furniture, which shall be found trafficking, into any Harbour or Harbours, Creek or Creeks, or Place, within the Limits or Precincts of the said several Colonies and Plantations, not being of the same Colony, until such time, as they, being of any Realms, or Dominions under our Obedience, shall pay, or agree to pay, to the Hands of the Treasurer of that Colony, within whose Limits and Precincts they shall so traffick, two and a half upon every Hundred, of any thing so by them trafficked, bought, or sold; And being Strangers, and not Subjects under our Obeysance, until they shall pay five upon every Hundred, of such Wares and Merchandises, as they shall traffick, buy, or sell, within the Precincts of the said several Colonies, wherein they shall so traffick, buy, or sell, as aforesaid; Which Sums of Money, or Benefit, as aforesaid, for and during the Space of one and twenty Years, next ensuing the Date hereof, shall be wholly emploied to the Use, Benefit, and Behoof of the said several Plantations, where such Traffick shall be made; And after the said one and twenty Years ended, the same shall be taken to the Use of Us, our Heires, and Successors, by such Officers and Ministers as by Us, our Heirs, and Successors, shall be thereunto assigned or appointed.
And we do further, by these Presents, for Us, our Heirs and Successors, Give and Grant unto the said Sir Thomas Gates, Sir George Sommers, Richard Hackluit, and Edward-Maria Wingfield, and to their Associates of the said first Colony and Plantation, and to the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and [Page p531]their Associates of the said second Colony and Plantation, that they, and every of them, by their Deputies, Ministers, and Factors, may transport the Goods, Chattels, Armour, Munition, and Furniture, needful to be used by them, for their said Apparel, Food, Defence, or otherwise in Respect of the said Plantations, out of our Realms of England and Ireland, and all other our Dominions, from time to time, for and during the Time of seven Years, next ensuing the Date hereof, for the better Relief of the said several Colonies and Plantations, without any Customs, Subsidy, or other Duty, unto Us, our Heirs, or Successors, to be yielded or payed for the same.
Also we do, for Us, our Heirs, and Successors, Declare, by these Presents, that all and every the Persons being our Subjects, which shall dwell and inhabit within every or any of the said several Colonies and Plantations, and every of their children, which shall happen to be born within any of the Limits and Precincts of the said several Colonies and Plantations, shall Have and enjoy all Liberties, Franchises, and Immunities, within any of our other Dominions, to all Intents and Purposes, as if they had been abiding and born, within this our Realm of England, or any other of our said Dominions.
Moreover, our gracious Will and Pleasure is, and we do, by these Presents, for Us, our Heirs, and Successors, declare and set forth, that if any Person or Persons, which shall be of any of the said Colonies and Plantations, or any other, which shall traffick to the said Colonies and Plantations, or any of them, shall, at any time or times hereafter, transport any Wares, Merchandises, or Commodities, out of any of our Dominions, with a Pretence to land, sell, or otherwise dispose of the same, within any the Limits and Precincts of any of the said Colonies and Plantations, and yet nevertheless, being at Sea, or after he hath landed the same within any of the said Colonies and Plantations, shall carry the same into any other Foreign Country, with a Purpose there to sell or dispose of the same, without the Licence of Us, our Heirs, and Successors, in that Behalf first had and obtained; That then, all the Goods and Chattels of such Person or Persons, so offending and transporting together with the said Ship or Vessel, wherein such Transportation was made, shall be forfeited to Us, our Heirs, and Successors.
Provided always, and our Will and Pleasure is, and we do hereby declare to all Christian Kings, Princes, and States, that if any Person or Persons which shall hereafter be of any of the said several Colonies and Plantations, or any other, by his, their, or any of their Licence and Appointment, shall, at any Time or Times hereafter, rob or spoil, by Sea or Land, or do any Act of unjust and unlawful Hostility to any the Subjects of Us, our Heirs, or Successors, or any the Subjects of any King, Prince, Ruler, Governor, or State, being then in League or Amitie with Us, our Heirs, or Successors, and that upon such Injury, or upon just Complaint of such Prince, Ruler, Governor, or State, or their Subjects, We, our Heirs, or Successors, shall make open Proclamation, within any of the Ports of our Realm of England, commodious for that purpose, That the said Person or Persons, having committed any such robbery, or Spoil, shall, within the term to be limited by such Proclamations, make full Restitution or Satisfaction of all such Injuries done, so as the said Princes, or others so complaining, may hold themselves fully satisfied and contented; And, that if the said Person or Persons, having committed such Robery or Spoil, shall not make, or cause to be made Satisfaction accordingly, within such Time so to be limited, That then it shall be lawful to Us, our Heirs, and Successors, to put the said Person or Persons, having committed such Robbery or Spoil, and their Procurers, Abettors, and Comforters, out of our Allegiance and Protection; And that it shall be lawful and free, for all Princes, and others to pursue with hostility the said offenders, and every of them, and their and every of their Procurers, Aiders, abettors, and comforters, in that behalf.
And finally, we do for Us, our Heirs, and Successors, and agree, to and with the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, and all others of the said first colony, that We, our Heirs and Successors, upon Petition in that Behalf to be made, shall, by Letters Patent under the Great Seal of England, Give and Grant unto such Persons, their Heirs and Assigns, as the Council of that Colony, or the most part of then, shall, for that Purpose, nominate and assign all the lands, Tenements, and Hereditaments, which shall be within the Precincts limited for that Colony, as is aforesaid, To Be Holden of Us, our heirs and Successors, as of our Manor at East-Greenwich, in the County of Kent, in free and common Soccage only, and not in Capite:
And do in like Manner, Grant and Agree, for Us, our Heirs and Successors, to and with the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and all others of the said second Colony, That We, our Heirs, and Successors, upon Petition in that Behalf to be made, shall, by Letters-Patent, under the Great Seal of England, Give and Grant, unto such Persons, their Heirs and Assigns, as the Council of that Colony, or the most Part of them, shall for that Purpose nominate and assign, all the Lands, Tenements, and Hereditaments, which shall be within the Precincts limited for that Colony, as is aforesaid, To Be holden of Us, our Heires, and Successors, as of our [Page p532]Manor of East-Greenwich, in the County of Kent, in free and common Soccage only, and not in Capite.
All which Lands, Tenements, and Hereditaments, so to be passed by the said several Letters-Patent, shall be sufficient Assurance from the said Patentees, so distributed and divided amongst the Undertakers for the Plantation of the said several Colonies, and such as shall make their Plantations in either of the said several Colonies, in such Manner and Form, and for such Estates, as shall be ordered and set down by the Council of the said Colony, or the most part of them, respectively, within which the same Lands, Tenements, and Hereditaments shall lye or be; Although express Mention of the true yearly Value or Certainty of the Premises, or any of them, or of any other Gifts or Grants, by Us or any of our Progenitors or Predecessors, to the aforesaid Sir Thomas Gates, Knt. Sir George Somers, Knt. Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, or any of them, heretofore made, in these Presents, is not made; Or any Statute, Act, Ordinance, or Provision, Proclamation, or Restraint, to the contrary hereof had, made, ordained, or any other Thing, Cause, or Matter whatsoever, in any wise notwithstanding. IN Witness whereof, we have caused these our Letters to be made Patent; Witness Ourself at Westminster, the tenth Day of April, in the fourth Year of our Reign of England, France, and Ireland, and of Scotland the nine and thirtieth.
Lukin, Per breve de private Sigillo.
Source: The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore Forming the United States of America. Compiled and edited under the act of Congress of June 30, 1906, by Francis Newton Thorpe. Washington, D.C..: Government Printing Office, 1909. <http://www.yale.edu/lawweb/avalon/states/va01.htm>
Agreement Between the Settlers at New Plymouth, 1620
In the Name of God, Amen. We, whose names are underwritten, the Loyal Subjects of our dread Sovereign Lord King James, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c. Having undertaken for the Glory of God, and Advancement of the Christian Faith, and the Honour of our King and Country, a Voyage to plant the first Colony in the northern Parts of Virginia; Do by these Presents, solemnly and mutually, in the Presence of God and one another, covenant and combine ourselves together into a civil Body Politick, for our better Ordering and Preservation, and Furtherance of the Ends aforesaid: And by Virtue hereof do enact, constitute, and frame, such just and equal Laws, Ordinances, Acts, Constitutions, and Officers, from time to time, as shall be thought most meet and convenient for the general Good of the Colony; unto which we promise all due Submission and Obedience. In Witness whereof we have hereunto subscribed our names at Cape-Cod the eleventh of November, in the Reign of our Sovereign Lord King James, of England, France, and Ireland, the eighteenth, and of Scotland the fifty-fourth, Anno Domini; 1620.
Source: The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore Forming the United States of America. Compiled and edited under the act of Congress of June 30, 1906, by Francis Newton Thorpe. Washington, D.C..: Government Printing Office, 1909. <http://www.yale.edu/lawweb/avalon/amerdoc/mayflowr.htm>
AppendixDeclaration and Resolves of the First Continental CongressOctober 14, 1774
Whereas, since the close of the last war, the British parliament, claiming a power, of right, to bind the people of America by statutes in all cases whatsoever, hath, in some acts, expressly imposed taxes on them, and in others, under various presences, but in fact for the purpose of raising a revenue, hath imposed rates and duties payable in these colonies, established a board of commissioners, with unconstitutional powers, and extended the jurisdiction of courts of admiralty, not only for collecting the said duties, but for the trial of causes merely arising within the body of a county:
And whereas, in consequence of other statutes, judges, who before held only estates at will in their offices, have been made dependant on the crown alone for their salaries, and standing armies kept in times of peace: And whereas it has lately been resolved in parliament, that by force of a statute, made in the thirty-fifth year of the reign of King Henry the Eighth, colonists may be transported to England, and tried there upon accusations for treasons and misprisions, or concealments of treasons committed in the colonies, and by a late statute, such trials have been directed in cases therein mentioned:
And whereas, in the last session of parliament, three statutes were made; one entitled, “An act to discontinue, in such manner and for such time as are therein mentioned, the landing and discharging, lading, or shipping of goods, wares and merchandise, at the town, and within the harbour of Boston, in the province of Massachusetts-Bay in New England;” another entitled, “An act for the better regulating the government of the province of Massachusetts-Bay in New England;” and another entitled, “An act for the impartial administration of justice, in the cases of persons questioned for any act done by them in the execution of the law, or for the suppression of riots and tumults, in the province of the Massachusetts-Bay in New England;” and another statute was then made, “for making more effectual provision for the government of the province of Quebec, etc.” All which statutes are impolitic, unjust, and cruel, as well as unconstitutional, and most dangerous and destructive of American rights:
And whereas, assemblies have been frequently dissolved, contrary to the rights of the people, when they attempted to deliberate on grievances; and their dutiful, humble, loyal, and reasonable petitions to the crown for redress, have been repeatedly treated with contempt, by his Majesty's ministers of state:
The good people of the several colonies of New-Hampshire, Massachusetts-Bay, Rhode Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Newcastle, Kent, and Sussex on Delaware, Maryland, Virginia, North-Carolina and South-Carolina, justly alarmed at these arbitrary proceedings of parliament and administration, have severally elected, constituted, and appointed deputies to meet, and sit in general Congress, in the city of Philadelphia, in order to obtain such establishment, as that their religion, laws, and liberties, may not be subverted: Whereupon the deputies so appointed being now assembled, in a full and free representation of these colonies, taking into their most serious consideration, the best means of attaining the ends aforesaid, do, in the first place, as Englishmen, their ancestors in like cases have usually done, for asserting and vindicating their rights and liberties, Declare,
That the inhabitants of the English colonies in North-America, by the immutable laws of nature, the principles of the English constitution, and the several charters or compacts, have the following Rights:
Resolved, N.C.D. 1. That they are entitled to life, liberty and property: and they have never ceded to any foreign power whatever, a right to dispose of either without their consent.
Resolved, N.C.D. 2. That our ancestors, who first settled these colonies, were at the time of their emigration from the mother country, entitled to all the rights, liberties, and immunities of free and natural- born subjects, within the realm of England.
Resolved, N.C.D. 3. That by such emigration they by no [Page p535]means forfeited, surrendered, or lost any of those rights, but that they were, and their descendants now are, entitled to the exercise and enjoyment of all such of them, as their local and other circumstances enable them to exercise and enjoy.
Resolved, 4. That the foundation of English liberty, and of all free government, is a right in the people to participate in their legislative council: and as the English colonists are not represented, and from their local and other circumstances, cannot properly be represented in the British parliament, they are entitled to a free and exclusive power of legislation in their several provincial legislatures, where their right of representation can alone be preserved, in all cases of taxation and internal polity, subject only to the negative of their sovereign, in such manner as has been heretofore used and accustomed: But, from the necessity of the case, and a regard to the mutual interest of both countries, we cheerfully consent to the operation of such acts of the British parliament, as are bonfide, restrained to the regulation of our external commerce, for the purpose of securing the commercial advantages of the whole empire to the mother country, and the commercial benefits of its respective members; excluding every idea of taxation internal or external, for raising a revenue on the subjects, in America, without their consent.
Resolved, N.C.D. 5. That the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law.
Resolved, N.C.D. 6. That they are entitled to the benefit of such of the English statutes, as existed at the time of their colonization; and which they have, by experience, respectively found to be applicable to their several local and other circumstances.
Resolved, N.C.D. 7. That these, his Majesty's colonies, are likewise entitled to all the immunities and privileges granted and confirmed to them by royal charters, or secured by their several codes of provincial laws.
Resolved, N.C.D. 8. That they have a right peaceably to assemble, consider of their grievances, and petition the king; and that all prosecutions, prohibitory proclamations, and commitments for the same, are illegal.
Resolved, N.C.D. 9. That the keeping a standing army in these colonies, in times of peace, without the consent of the legislature of that colony, in which such army is kept, is against law.
Resolved, N.C.D. 10. It is indispensably necessary to good government, and rendered essential by the English constitution, that the constituent branches of the legislature be independent of each other; that, therefore, the exercise of legislative power in several colonies, by a council appointed, during pleasure, by the crown, is unconstitutional, dangerous and destructive to the freedom of American legislation.
All and each of which the aforesaid deputies, in behalf of themselves, and their constituents, do claim, demand, and insist on, as their indubitable rights and liberties, which cannot be legally taken from them, altered or abridged by any power whatever, without their own consent, by their representatives in their several provincial legislature.
In the course of our inquiry, we find many infringements and violations of the foregoing rights, which, from an ardent desire, that harmony and mutual intercourse of affection and interest may be restored, we pass over for the present, and proceed to state such acts and measures as have been adopted since the last war, which demonstrate a system formed to enslave America.
Resolved, N.C.D. That the following acts of parliament are infringements and violations of the rights of the colonists; and that the repeal of them is essentially necessary, in order to restore harmony between Great Britain and the American colonies, viz.
The several acts of Geo. III. ch. 15, and ch. 34.–5 Geo. III. ch.25.–6 Geo. ch. 52.–7 Geo.III. ch. 41 and ch. 46.–8 Geo. III. ch. 22. which impose duties for the purpose of raising a revenue in America, extend the power of the admiralty courts beyond their ancient limits, deprive the American subject of trial by jury, authorize the judges certificate to indemnify the prosecutor from damages, that he might otherwise be liable to, requiring oppressive security from a claimant of ships and goods seized, before he shall be allowed to defend his property, and are subversive of American rights.
Also 12 Geo. III. ch. 24, intituled, “An act for the better securing his majesty's dockyards, magazines, ships, ammunition, and stores,” which declares a new offence in America, and deprives the American subject of a constitutional trial by jury of the vicinage, by authorizing the trial of any person, charged with the committing any offence described in the said act, out of the realm, to be indicted and tried for the same in any shire or county within the realm.
Also the three acts passed in the last session of parliament, for stopping the port and blocking up the harbour of Boston, for altering the charter and government of Massachusetts-Bay, and that which is entitled, “An act for the better administration of justice, etc.”
Also the act passed in the same session for establishing the Roman Catholic religion, in the province of Quebec, abolishing the equitable system of English laws, and erecting a tyranny there, to the great danger (from so total a dissimilarity [Page p536]of religion, law and government) of the neighboring British colonies, by the assistance of whose blood and treasure the said country was conquered from France.
Also the act passed in the same session, for the better providing suitable quarters for officers and soldiers in his majesty's service, in North-America.
Also, that the keeping a standing army in several of these colonies, in time of peace, without the consent of the legislature of that colony, in which such army is kept, is against law.
To these grievous acts and measures, Americans cannot submit, but in hopes their fellow subjects in Great Britain will, on a revision of them, restore us to that state, in which both countries found happiness and prosperity, we have for the present, only resolved to pursue the following peaceable measures: 1. To enter into a non-importation, non-consumption, and non-exportation agreement or association. 2. To prepare an address to the people of Great-Britain, and a memorial to the inhabitants of British America: and 3. To prepare a loyal address to his majesty, agreeable to resolutions already entered into.
Source: Documents Illustrative of the Formation of the Union of the American States. House Document No. 398. Selected, arranged, and indexed by Charles C. Tansill. Washington, D.C..: Government Printing Office, 1927. <http://www.yale.edu/lawweb/avalon/resolves.htm>
AppendixArticles of ConfederationNovember 15, 1777
To all to whom these Presents shall come, we the undersigned Delegates of the States affixed to our Names send greeting.
Articles of Confederation and perpetual Union between the states of New Hampshire, Massachusetts-bay Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia.i
The Stile of this Confederacy shall be “The United States of America”.ii
Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated to the United States, in Congress assembled.iii
The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretense whatever.iv
The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State, to any other State, of which the owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any State, on the property of the United States, or either of them.
If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall, upon demand of the Governor or executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offense.
Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings of the courts and magistrates of every other State.v
For the most convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislatures of each State shall direct, to meet in Congress on the first Monday in November, in every year, with a power reserved to each State to recall its delegates, or any of them, at any time within the year, and to send others in their stead for the remainder of the year.
No State shall be represented in Congress by less than two, nor more than seven members; and no person shall be capable of being a delegate for more than three years in any term of six years; nor shall any person, being a delegate, be capable of holding any office under the United States, for which he, or another for his benefit, receives any salary, fees or emolument of any kind.
Each State shall maintain its own delegates in a meeting [Page p541]of the States, and while they act as members of the committee of the States.
In determining questions in the United States in Congress assembled, each State shall have one vote.
Freedom of speech and debate in Congress shall not be impeached or questioned in any court or place out of Congress, and the members of Congress shall be protected in their persons from arrests or imprisonments, during the time of their going to and from, and attendence on Congress, except for treason, felony, or breach of the peace.vi
No State, without the consent of the United States in Congress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, agreement, alliance or treaty with any King, Prince or State; nor shall any person holding any office of profit or trust under the United States, or any of them, accept any present, emolument, office or title of any kind whatever from any King, Prince or foreign State; nor shall the United States in Congress assembled, or any of them, grant any title of nobility.
No two or more States shall enter into any treaty, confederation or alliance whatever between them, without the consent of the United States in Congress assembled, specifying accurately the purposes for which the same is to be entered into, and how long it shall continue.
No State shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the United States in Congress assembled, with any King, Prince or State, in pursuance of any treaties already proposed by Congress, to the courts of France and Spain.
No vessel of war shall be kept up in time of peace by any State, except such number only, as shall be deemed necessary by the United States in Congress assembled, for the defense of such State, or its trade; nor shall any body of forces be kept up by any State in time of peace, except such number only, as in the judgement of the United States in Congress assembled, shall be deemed requisite to garrison the forts necessary for the defense of such State; but every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.
No State shall engage in any war without the consent of the United States in Congress assembled, unless such State be actually invaded by enemies, or shall have received certain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of a delay till the United States in Congress assembled can be consulted; nor shall any State grant commissions to any ships or vessels of war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the Kingdom or State and the subjects thereof, against which war has been so declared, and under such regulations as shall be established by the United States in Congress assembled, unless such State be infested by pirates, in which case vessels of war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise.vii
When land forces are raised by any State for the common defense, all officers of or under the rank of colonel, shall be appointed by the legislature of each State respectively, by whom such forces shall be raised, or in such manner as such State shall direct, and all vacancies shall be filled up by the State which first made the appointment.viii
All charges of war, and all other expenses that shall be incurred for the common defense or general welfare, and allowed by the United States in Congress assembled, shall be defrayed out of a common treasury, which shall be supplied by the several States in proportion to the value of all land within each State, granted or surveyed for any person, as such land and the buildings and improvements thereon shall be estimated according to such mode as the United States in Congress assembled, shall from time to time direct and appoint.
The taxes for paying that proportion shall be laid and levied by the authority and direction of the legislatures of the several States within the time agreed upon by the United States in Congress assembled.ix
The United States in Congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth article—of sending and receiving ambassadors—entering into treaties and alliances, provided that no treaty of commerce shall be made whereby the legislative power of the [Page p542]respective States shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever—of establishing rules for deciding in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the United States shall be divided or appropriated—of granting letters of marque and reprisal in times of peace—appointing courts for the trial of piracies and felonies commited on the high seas and establishing courts for receiving and determining finally appeals in all cases of captures, provided that no member of Congress shall be appointed a judge of any of the said courts.
The United States in Congress assembled shall also be the last resort on appeal in all disputes and differences now subsisting or that hereafter may arise between two or more States concerning boundary, jurisdiction or any other causes whatever; which authority shall always be exercised in the manner following. Whenever the legislative or executive authority or lawful agent of any State in controversy with another shall present a petition to Congress stating the matter in question and praying for a hearing, notice thereof shall be given by order of Congress to the legislative or executive authority of the other State in controversy, and a day assigned for the appearance of the parties by their lawful agents, who shall then be directed to appoint by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question: but if they cannot agree, Congress shall name three persons out of each of the United States, and from the list of such persons each party shall alternately strike out one, the petitioners beginning, until the number shall be reduced to thirteen; and from that number not less than seven, nor more than nine names as Congress shall direct, shall in the presence of Congress be drawn out by lot, and the persons whose names shall be so drawn or any five of them, shall be commissioners or judges, to hear and finally determine the controversy, so always as a major part of the judges who shall hear the cause shall agree in the determination: and if either party shall neglect to attend at the day appointed, without showing reasons, which Congress shall judge sufficient, or being present shall refuse to strike, the Congress shall proceed to nominate three persons out of each State, and the secretary of Congress shall strike in behalf of such party absent or refusing; and the judgement and sentence of the court to be appointed, in the manner before prescribed, shall be final and conclusive; and if any of the parties shall refuse to submit to the authority of such court, or to appear or defend their claim or cause, the court shall nevertheless proceed to pronounce sentence, or judgement, which shall in like manner be final and decisive, the judgement or sentence and other proceedings being in either case transmitted to Congress, and lodged among the acts of Congress for the security of the parties concerned: provided that every commissioner, before he sits in judgement, shall take an oath to be administered by one of the judges of the supreme or superior court of the State, where the cause shall be tried, ‘well and truly to hear and determine the matter in question, according to the best of his judgement, without favor, affection or hope of reward’: provided also, that no State shall be deprived of territory for the benefit of the United States.
All controversies concerning the private right of soil claimed under different grants of two or more States, whose jurisdictions as they may respect such lands, and the States which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall on the petition of either party to the Congress of the United States, be finally determined as near as may be in the same manner as is before presecribed for deciding disputes respecting territorial jurisdiction between different States.
The United States in Congress assembled shall also have the sole and exclusive right and power of regulating the alloy and value of coin struck by their own authority, or by that of the respective States—fixing the standards of weights and measures throughout the United States—regulating the trade and managing all affairs with the Indians, not members of any of the States, provided that the legislative right of any State within its own limits be not infringed or violated—establishing or regulating post offices from one State to another, throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office—appointing all officers of the land forces, in the service of the United States, excepting regimental officers—appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States—making rules for the government and regulation of the said land and naval forces, and directing their operations.
The United States in Congress assembled shall have authority to appoint a committee, to sit in the recess of Congress, to be denominated ‘A Committee of the States’, and to consist of one delegate from each State; and to appoint such other committees and civil officers as may be [Page p543]necessary for managing the general affairs of the United States under their direction—to appoint one of their members to preside, provided that no person be allowed to serve in the office of president more than one year in any term of three years; to ascertain the necessary sums of money to be raised for the service of the United States, and to appropriate and apply the same for defraying the public expenses—to borrow money, or emit bills on the credit of the United States, transmitting every half-year to the respective States an account of the sums of money so borrowed or emitted—to build and equip a navy—to agree upon the number of land forces, and to make requisitions from each State for its quota, in proportion to the number of white inhabitants in such State; which requisition shall be binding, and thereupon the legislature of each State shall appoint the regimental officers, raise the men and cloath, arm and equip them in a soldier-like manner, at the expense of the United States; and the officers and men so cloathed, armed and equipped shall march to the place appointed, and within the time agreed on by the United States in Congress assembled. But if the United States in Congress assembled shall, on consideration of circumstances judge proper that any State should not raise men, or should raise a smaller number of men than the quota thereof, such extra number shall be raised, officered, cloathed, armed and equipped in the same manner as the quota of each State, unless the legislature of such State shall judge that such extra number cannot be safely spread out in the same, in which case they shall raise, officer, cloath, arm and equip as many of such extra number as they judge can be safely spared. And the officers and men so cloathed, armed, and equipped, shall march to the place appointed, and within the time agreed on by the United States in Congress assembled.
The United States in Congress assembled shall never engage in a war, nor grant letters of marque or reprisal in time of peace, nor enter into any treaties or alliances, nor coin money, nor regulate the value thereof, nor ascertain the sums and expenses necessary for the defense and welfare of the United States, or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon the number of vessels of war, to be built or purchased, or the number of land or sea forces to be raised, nor appoint a commander in chief of the army or navy, unless nine States assent to the same: nor shall a question on any other point, except for adjourning from day to day be determined, unless by the votes of the majority of the United States in Congress assembled.
The Congress of the United States shall have power to adjourn to any time within the year, and to any place within the United States, so that no period of adjournment be for a longer duration than the space of six months, and shall publish the journal of their proceedings monthly, except such parts thereof relating to treaties, alliances or military operations, as in their judgement require secrecy; and the yeas and nays of the delegates of each State on any question shall be entered on the journal, when it is desired by any delegates of a State, or any of them, at his or their request shall be furnished with a transcript of the said journal, except such parts as are above excepted, to lay before the legislatures of the several States.x
The Committee of the States, or any nine of them, shall be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of the nine States, shall from time to time think expedient to vest them with; provided that no power be delegated to the said Committee, for the exercise of which, by the Articles of Confederation, the voice of nine States in the Congress of the United States assembled be requisite.xi
Canada acceding to this confederation, and adjoining in the measures of the United States, shall be admitted into, and entitled to all the advantages of this Union; but no other colony shall be admitted into the same, unless such admission be agreed to by nine States.xii
All bills of credit emitted, monies borrowed, and debts contracted by, or under the authority of Congress, before the assembling of the United States, in pursuance of the present confederation, shall be deemed and considered as a charge against the United States, for payment and satisfaction whereof the said United States, and the public faith are hereby solemnly pleged.xiii
Every State shall abide by the determination of the United States in Congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this Confederation shall be inviolably observed by every State, and the Union shall be perpetual; nor shall any [Page p544]alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.
And Whereas it hath pleased the Great Governor of the World to incline the hearts of the legislatures we respectively represent in Congress, to approve of, and to authorize us to ratify the said Articles of Confederation and perpetual Union. Know Ye that we the undersigned delegates, by virtue of the power and authority to us given for that purpose, do by these presents, in the name and in behalf of our respective constituents, fully and entirely ratify and confirm each and every of the said Articles of Confederation and perpetual Union, and all and singular the matters and things therein contained: And we do further solemnly plight and engage the faith of our respective constituents, that they shall abide by the determinations of the United States in Congress assembled, on all questions, which by the said Confederation are submitted to them. And that the Articles thereof shall be inviolably observed by the States we respectively represent, and that the Union shall be perpetual.
In Witness whereof we have hereunto set our hands in Congress. Done at Philadelphia in the State of Pennsylvania the ninth day of July in the Year of our Lord One Thousand Seven Hundred and Seventy-Eight, and in the Third Year of the independence of America.
Agreed to by Congress 15 November 1777 In force after ratification by Maryland, 1 March 1781
Source: Documents Illustrative of the Formation of the Union of the American States. House Document No. 398. Selected, arranged, and indexed by Charles C. Tansill. Washington, D.C..: Government Printing Office, 1927. <http://www.yale.edu/lawweb/avalon/artconf.htm>
AppendixVirginia Plan for the U.S.. Constitution
Presented by Edmund Randolph to the Constitutional Convention, May 29, 1787
1. Resolved that the Articles of Confederation ought to be so corrected and enlarged, as to accomplish the objects proposed by their institution, namely common Defence Security of Liberty and general welfare.
2. Resolved therefore that the right of Suffrage in the National Legislature ought to be, proportioned to the quotas of Contribution, or to the number of free inhabitants, as the one or the other, may serve best in different cases.
3. Resolved that the National Legislature ought to consist of two branches.
4. Resolved that the Members of the first Branch of the National Legislature, ought to be elected by the people of the several States every for the term of three years, to be of the age of at least. To receive liberal stipends, by which they may be compensated for the devotion [“duration” stricken out] of their time to public service-to be ineligible to any office established by a particular State, or under the authority of the United States, (except those peculiarly belonging to the functions of the first Branch) during the term of service, and for the space of one after the expiration; to be incapable of re-election for the space of after the expiration of their term of service, and to be subject to recal.
5. Resolved, that the members of the second Branch of the Legislature, ought to be elected by the individual Legislatures: to be of the age of years at least; to hold their Offices for a term sufficient to ensure their independency; to receive liberal Stipends by which they may be compensated for the devotion [“devtion” stricken out] of their time to the public service; and to be in-eligible to any office established by a particular State, or under the authority of the United States (except those peculiarly belonging to the functions of the second Branch) during the term of service, and for the space of after the expiration thereof.
6. Resolved that each Branch ought to possess the right of originating acts, that the National Legislature ought to be empowered to enjoy, the Legislative rights vested in Congress, by the Confederation, and moreover to Legislate all cases to which the Separate States are incompetent; or in which the harmony of the United States may be interrupted, by the exercise of individual Legislation-to negative all Laws passed by the several States, contravening, in the opinion of the National Legislature, The articles of Union; or any Treaty subsisting under the Authority of the Union-and to call forth the force of the Union, against any Member of the Union, failing to fulfil its duties under the articles thereof
7th Resolved that a [“the” stricken out] national Executive be insti[“consti” stricken out]tuted to consist of a single person, with powers to carry into execution the National Laws, and to appoint to Offices, in cases not otherwise provided for, to be chosen by the National Legislature, for the term of seven years-to receive punctually at stated times a fixed compensation, for the services rendered, in which no increase or diminution shall be made, so as to affect the Magistracy existing at the time of such increase or diminution, and to be in-eligible a second time.
8th Resolved that the Executive and a convenient number of the National Judiciary ought to compose a Council of revision, with authority to examine every act of the National Legislature, before it shall operate, and every act of a particular Legislature before a negative thereon shall be final; and that the dissent of the said council shall amount to a rejection, unless the act of the National Legislature, be again passed, or that of a particular Legislature be again negatived by of the Members of each Branch.
9. Resolved that a National Judiciary be established to Consist of one Supreme Tribunal, to hold their Offices [Page p546]during good behavior, and to receive punctually at stated times fixed compensation for their services, in which no increase or diminution shall be made, so as to affect the persons actually in office at the time of such increase or diminution.
That the jurisdiction of the inferior Tribunals, shall be to hear and determine in the first instance, and of the Supreme Tribunal to hear and determine in the dernier resort; all piracies and felonies on the high Seas, Captures from an Enemy; cases in which Foreigners, or Citizens of other States applying to such jurisdictions, may be interested, or which respect the collection of the national Revenue, Impeachment of any national officer and questions which may involve, the National peace and harmony.
agreed 10. Resolved that provision ought to be made for the admission of States Lawfully arising within the limits of the United States whether from a voluntary junction of Government and Territory or otherwise, with the Consent of a number of Voices in the National Legislatures less than the whole.
agreed 11. Resolved that a republican Government of each State (except in the Voluntary junction of Government and Territory) ought to be guaranteed by the United States to each State.
agreed 12. Resolved that provision ought to be made for the Continuance of a Congress and their authorities, and privileges, until [“untill” stricken out] a given day, after the reform of the Articles of the Union shall be adopted, and for the Completion of all their engagements.
agreed 13. That provision ought to be made for the amendment of the Articles of the Union, whensoever it shall seem necessary (and that the assent of the National Legislature, ought to be required).
14. Resolved that the Legislative, Executive and judicial powers of the several States, ought to be bound by oath to support the Articles of Union. agreed
15. Resolved that the amendments which shall be offered to the Confederation, by the Convention, ought at a proper time, or times, after the approbation of Congress, to be submitted to an assembly or assemblies of representatives, recommended by the several Legislatures, to be expressly chosen by the people to consider and decide thereon. postponed
Source: Documents Illustrative of the Formation of the Union of the American States. House Document No. 398. Selected, arranged, and indexed by Charles C. Tansill. Washington, D.C..: Government Printing Office, 1927. <http://www.yale.edu/lawweb/avalon/const/vatextc.htm>
AppendixNew Jersey Plan for the U.S.. Constitution
Presented by William Paterson to the Constitutional Convention, June 15, 1787
1. Resolved, that an union of the states, merely federal, ought to be the sole object of the exercise of the powers vested in this convention.
2. Resolved, that the articles of the confederation ought to be so revised, corrected, and enlarged, as to render the federal constitution adequate to the exigencies of government, and the preservation of the union.
3. Resolved, that in addition to the powers vested in the united states in congress, by the present existing articles of confederation, they be authorized to pass acts for raising a revenue by laying a duty or duties on all goods and merchandise of foreign growth or manufacture, imported into any part of the united states; by imposing stamps on paper, parchment, and vellum; and by a postage on all letters and packages passing through the general post office, to be applied to such federal purposes, as they shall deem proper and expedient; to make rules and regulations for the collection thereof; and the same from time to time to alter and amend in such manner as they shall think proper: provided that all punishments, fines, forfeitures, and penalties, to be incurred for contravening such rules and regulations, shall be adjudged by the common law judiciaries of the state in which any offense, contrary to the true intent and meaning of such rules or regulations, shall be committed or perpetrated; with liberty of commencing all suits or prosecutions for that purpose, in the first instance, in the supreme common law judiciary of such state-subject, nevertheless, to an appeal in the last resort, for the correction of errors, both of law and fact, in rendering judgment, to the judiciary of the united states; and that the united states shall have authority to pass acts for the regulation of trade and commerce, as well with foreign nations, as with each other.
4. Resolved, that should requisitions be necessary, instead of the present rule, the united states in congress be authorized to make such requisitions in proportion to the whole number of white and other free citizens and inhabitants, of every age, sex, and condition, including those bound to servitude for a term of years, and three-fifths of all other persons, not comprehended in the foregoing descriptions (except Indians not paying taxes.)
5. Resolved, that if such requisitions be not complied with, in the time specified therein, the united states in congress shall have power to direct the collection thereof in the non-complying states; and for that purpose to devise and pass acts directing and authorising the same: provided that none of the powers hereby vested in the united states in congress shall be exercised without the consent of at least states; and in that proportion, should the number of confederated states hereafter be increased or diminished.
6. Resolved, that the united states in congress, shall be authorised to elect a federal executive, to consist of person or persons, to continue in office for the term of years, to receive punctually, at stated times, a fixed compensation for the services by him or them to be rendered, in which no increase or diminution shall be made, so as to affect the executive in office, at the time of such increase or diminution, to be paid out of the federal treasury; to be incapable of holding any other office or appointment during the time of service, and for years after; to be ineligible a second time, and removable on impeachment and conviction for mar-practice, corrupt conduct, and neglect of duty.
7. Resolved, that the executive, besides a general authority to execute the federal acts, ought to appoint all federal officers, not otherwise provided for, and to direct all military operations; provided that the executive shall not on any occasion take command of any troops, so as personally to conduct any military enterprise as general, or in any other capacity.
8. Resolved, that the legislative acts of the united states, made under and in pursuance to the articles of union, and [Page p548]all treaties made and ratified under the authority of the united states, shall be the supreme law of the respective states, as far as those acts or treaties shall relate to the said states or their citizens and inhabitants; and that the judiciaries of the several states shall be bound thereby in their decisions; any thing in the respective laws of the individual states to the contrary notwithstanding.
9. Resolved, that if any state or body of men in any state, shall oppose or prevent the carrying into execution such acts or treaties, the federal executive shall be authorised to call forth the powers of the confederated states, or so much thereof as may be necessary to enforce and compel an obedience to such acts, or an observance of such treaties.
10. Resolved, that a federal judiciary be established, to consist of a supreme tribunal; the judges of which to be appointed by the executive, and to hold their offices during good behaviour; to receive punctually, at stated times, a fixed compensation for their services, to be paid out of the federal treasury; in which no increase or diminution shall be made, so as to affect the persons actually in office, at the time of such increase of diminution. That the judiciary so established, shall have authority to hear and determine, in the first instance, on all impeachments of federal officers, and by way of appeal in the dernier resort in all cases touching the rights and privileges of ambassadors; in all cases of captures from the enemy; in all cases of piracies and felonies committed on the high seas; in all cases in which foreigners may be interested in the construction of any treaty or treaties, or which may arise on any act or ordinance of congress for the regulation of trade, or the collection of the federal revenue; that none of the judiciary officers shall be capable of receiving or holding any other office or appointment, during the time they remain in office, or for years afterwards.
11. Resolved, that the legislative, executive, and judiciary powers within the several states, ought to be bound by oath to support the articles of union.
12. Resolved, that provision ought to be made for hearing and deciding upon all disputes arising between the united states and an individual state, respecting territory.
13. Resolved, that provision ought to be made for the admission of new states into the union.
14. Resolved, that it is necessary to define what offenses, committed in any state, shall be deemed high treason against the united states.
15. Resolved, that the rule for naturalization ought to be the same in every state.
16. Resolved, that a citizen of one state, committing an offense in another state, shall be deemed guilty of the same offense, as if it had been committed by a citizen of the state, in which the offense was committed. Source:
Source: Documents Illustrative of the Formation of the Union of the American States. House Document No. 398. Selected, arranged, and indexed by Charles C. Tansill. Washington, D.C..: Government Printing Office, 1927. <http://www.yale.edu/lawweb/avalon/const/njtextc.htm>
AppendixResolution of the Constitutional ConventionIn Convention Monday September 17th 1787
Present The States of New Hampshire, Massachusetts, Connecticut, Mr. Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia. Resolved,
That the proceeding Constitution be laid before the United States in Congress assembled, and that it is the Opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the People thereof, under the Recommendation of its Legislature, for their Assent and Ratification; and that each Convention assenting to, and ratifying the Same, should give Notice thereof to the United States in Congress assembled.
Resolved, That it is the Opinion of this Convention, that as soon as the Conventions of nine States shall have ratified this Constitution, the United States in Congress assembled should fix a Day on which Electors should be appointed by the States which shall have ratified the same, and a Day on which the Electors should assemble to vote for the President, and the Time and Place for commencing Proceedings under this Constitution. That after such Publication the Electors should be appointed, and the Senators and Representatives elected: That the Electors should meet on the Day fixed for the Election of the President, and should transmit their Votes certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled, that the Senators and Representatives should convene at the Time and Place assigned; that the Senators should appoint a President of the Senate, for the sole Purpose of receiving, opening and counting the Votes for President; and, that after he shall be chosen, the Congress, together with the President, should, without Delay, proceed to execute this Constitution.
By the Unanimous Order of the Convention
Go Washington Presidt W. JacksonSecretary.
Source: Documents Illustrative of the Formation of the Union of the American States. House Document No. 398. Selected, arranged, and indexed by Charles C. Tansill. Washington, D.C..: Government Printing office, 1927. <http://www.yale.edu/lawweb/avalon/const/ressub01.htm>.
AppendixResolution Transmitting the U.S.. Constitution to Congress
Letter of the president of the Constitutional Convention, September 17, 1787, to the president of Congress
In Convention, September 17, 1787
We have now the honor to submit to the consideration of the United States in Congress assembled, that Constitution which has appeared to us the most adviseable.
The friends of our country have long seen and desired, that the power of making war, peace, and treaties, that of levying money and regulating commerce, and the correspondent executive and judicial authorities should be fully and effectually vested in the general government of the Union: But the impropriety of delegating such extensive trust to one body of men is evident-Hence results the necessity of a different organization.
It is obviously impracticable in the federal government of these states, to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all: Individuals entering into society, must give up a share of liberty to preserve the rest. The magrutude of the sacrifice must depend as well on situation and circumstance, as on the object to be obtained. It is at all times difficult to draw with precision the line between those rights which must be surrendered, and those which may be reserved; and on the present occasion this difficulty was encreased by a difference among the several states as to their situation, extent, habits, and particular interests.
In all our deliberations on this subject we kept steadily in our view, that which appears to us the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each state in the Convention to be less rigid on points of inferior magnitude, than might have been otherwise expected; and thus the Constitution, which we now present, is the result of a spirit of amity, and of that mutual deference and concession which the peculiarity of our political situation rendered indispensible.
That it will meet the full and entire approbation of every state is not perhaps to be expected; but each will doubtless consider, that had her interest been alone consulted, the consequences might have been particularly disagreeable or injurious to others; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent wish.
With great respect, We have the honor to be, Sir,
Your Excellency's most obedient and humble servants,
George Washington, President.
By unanimous Order of the Convention.
His Excellency the President of Congress.
Source: Documents Illustrative of the Formation of the Union of the American States. House Document No. 398. Selected, arranged, and indexed by Charles C. Tansill. Washington, D.C..: Government Printing office, 1927.
AppendixResolution of Congress Submitting the U.S.. Constitution to the Several StatesFriday Sept. 28. 1787.
Congress assembled present Newhampshire Massachusetts Connecticut New York New Jersey Pensylvania. Delaware Virginia North Carolina South Carolina and Georgia and from Maryland Mr Ross
Congress having received the report of the Convention lately assembled in Philadelphia
Resolved Unanimously that the said Report with the resolutions and letter accompanying the same 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 made and provided in that case.
Source: Documents Illustrative of the Formation of the Union of the American States. House Document No. 398. Selected, Arranged, and Indexed by Charles C. Tansill. Washington, D.C..: Government Printing office, 1927. <http://www.yale.edu/lawweb/avalon/const/ressub02.htm>.
AppendixRatification of the U.S.. Constitution by the State of DelawareDecember 7, 1787
We the Deputies of the People of the Delaware State, in Convention met, having taken into our serious consideration the Federal Constitution proposed and agreed upon by the Deputies of the United States in a General Convention held at the City of Philadelphia on the seventeenth day of September in the year of our Lord one thousand seven hundred and eighty seven, Have approved, assented to, ratified, and confirmed, and by these Presents, Do, in virtue of the Power and Authority to us given for that purpose, for and in behalf of ourselves and our Constituents, fully, freely, and entirely approve of, assent to, ratify, and confirm the said Constitution.
Done in Convention at Dover this seventh day of December in the year aforesaid, and in the year of the Independence of the United States of America the twelfth. In Testimony whereof we have hereunto subscribed our Names—
To all whom these Presents shall come Greeting, I Thomas Collins President of the Delaware State do hereby certify, that the above instrument of writing is a true copy of the original ratification of the Federal Constitution by the Convention of the Delaware State, which original ratification is now in my possession. In Testimony whereof I have caused the seal of the Delaware State to be hereunto an'exed.
Source: Documents Illustrative of the Formation of the Union of the American States. House Document No. 398. Selected, arranged, and indexed by Charles C. Tansill. Washington, D.C..: Government Printing office, 1927. <http://www.yale.edu/lawweb/avalon/ratde.htm>.
AppendixResolution of the First Congress Submitting the Bill of Rights1
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.
Article the first … After the first enumeration required by the first Article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which, the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.
Article the second … No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
Article the third … 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.
Article the fourth … 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.
Article the fifth … 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.
Article the sixth … 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.
Article the seventh … No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Article the eighth … 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 [Page p566]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.
Article the ninth … 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.
Article the tenth … Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Article the eleventh … The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Article the twelfth … 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.
Frederick Augustus MuhlenbergSpeaker of the House of Representatives. John Adams, Vice-President of the United States, and President of the Senate. Attest, John Beckley, Clerk of the House of Representatives. Sam. A. OtisSecretary of the Senate.
1. The proposed amendments were transmitted to the legislatures of the several States, upon which the following action was taken:By the State of New Hampshire—Agreed to the whole of the said amendments, except the second article.By the State of New York—Agreed to the whole of the said amendments, except the second article.By the State of Pennsylvania—Agreed to the second, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth articles of the said amendments.By the State of Delaware—Agreed to the whole of the said amendments, except the first article.By the State of Maryland—Agreed to the whole of the said twelve amendments.By the State of South Carolina—Agreed to the whole said twelve amendments.By the State of North Carolina—Agreed to the whole of the said twelve amendments.By the State of Rhode Island and Providence Plantations—Agreed to the whole of the said twelve articles.By the State of New Jersey—Agreed to the whole of the said amendments, except the second article.By the State of Virginia—Agreed to the whole of the said twelve articles (Elliot's Debates, Vol. I, pp. 339–40.)No returns were made by the states of Massachusetts, Connecticut, Georgia, and Kentucky.The amendments thus proposed became a part of the constitution—the first of them excepted: which was not ratified by a sufficient number of the state legislatures.Source: Documents Illustrative of the Formation of the Union of the American States. House Document No. 398. Selected, arranged, and indexed by Charles C. Tansill. Washington, D.C..: Government Printing office, 1927. <http://www.yale.edu/lawweb/avalon/resolu02.htm>.
A number of Internet sites offer information on the Constitution and related topics. Here are some of the best:The Constitution
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AP/Wide World: 123, 185, 366
Walter Attenni/AP: 23
Howard Brodie, Library of Congress: 115
Congressional Quarterly Inc.: 288
Florida State Archives: 159
Gerald R. Ford Library: 348
Courtesy Frances Loeb Library, Graduate School of Design, Harvard University: 519
Wren Lanier, Brian Lux, Bob Carnevale, and Randy Wright, Liberty Middle School, Ashland, Va.: 119
Library of Congress: ii, 2 (from Herblock: A Cartoonist's Life, Times Books, 1998), 5, 28, 42, 53, 56 (Earl Warren Papers), 63, 68, 72, 76, 78, 81, 83, 93, 107, 111, 127, 135, 167, 169, 199, 201, 204, 205, 206, 211, 231, 235, 241, 251, 253 (from Herblock on All Fronts, New American Library, 1980), 253, 256, 271, 281, 290, 299, 306, 309, 310, 316, 320, 324, 333, 341, 357, 359, 373, 380, 383, 385, 401, 420 (from Straight Herblock, Simon and Schuster, 1964), 425, 435, 469, 478, 490, 493, 500, 503, 513
Steve Ludlum for the New York Times: 472
Maryland Historical Society, Baltimore, Maryland: 498
New-York Historical Society Collection: 189 (negative number 52089)
Pat Oliphant: 355 (© 1992 Universal Press Syndicate. Reprinted with permission. All rights reserved)
Princeton University Library: 109
Quasar Music Services, Library of Congress: 135
Reuters: 218, 227, 238
© Reuters NewMedia Inc./CORBIS: 60
St. Louis Mercantile Library Association (Truman Library): 155
Supreme Court of the United States: 343, 457
United Nations: 245
Virginia Museum of Fine Arts, Richmond: 102 (Gift of Edgar William and Bernice Chrysler Garbisch)
Courtesy Wessel + O'Connor Gallery: 192
White House: 195, 339
AppendixAppendix DocumentsDeclaration of Independence
On June 11, 1776, the responsibility to “prepare a declaration” of independence was assigned by the Continental Congress, meeting in Philadelphia, to five members: John Adams, Benjamin Franklin, Thomas Jefferson, Robert Livingston, and Roger Sherman. Impressed by his talents as a writer, the committee asked Jefferson to compose a draft. After modifying Jefferson's draft the committee turned it over to Congress on June 28. On July 2 Congress voted to declare independence; on the evening of July 4, it approved the Declaration of Independence.
The declaration is best remembered for its ringing preamble, which affirms the “self-evident” truths that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.” But, at the time, the more important part of the Declaration was what followed the preamble: the list of “a long train of abuses and usurpations” against the American colonists by the British government. The charges detailed the abuses that made it “necessary for one people [the Americans] to dissolve the political bands which have connected them with another [the British].” Although many of the more than two dozen specific alleged abuses were acts of Parliament, all were attributed to King George III. The indictment—and the declaration as a whole—thus contributed to the idea that a strong executive was a threat to the fundamental liberties of the people.
In Congress, July 4, 1776,The Unanimous Declaration of the Thirteen United States of America
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the Powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Government long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.—Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
[Page p1618]He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavored to prevent the population of these States; for that purpose obstructing the Laws of Naturalization of Foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our People, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislature.
He has affected to render the Military independent of and superior to the Civil Power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their acts of pretended legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from Punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences:
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislature, and declaring themselves invested with Power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large armies of foreign mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely parallel in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free People.
Nor have We been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the Protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
John Hancock.Constitution of the United States
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.
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.]1 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,]1 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.]1
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],1 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 [Page 565]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 whatso-ever, 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.1
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.
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 [Page 567]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.]1
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office,1 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 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.
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.”
Section2. 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 grant-ing 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.
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.1
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.
Section3. 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.
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.]1
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 [Page 569]Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
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]1 that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
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.
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,
George Washington,President and deputy from Virginia.
[The language of the original Constitution, not including the Amendments, was adopted by a convention of the states on September 17, 1787, and was subsequently ratified by the 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 subsequently was 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.]
(First ten amendments ratified December 15, 1791.)
Congress shall make no law respecting an establishment of religion, or prohibiting the free [Page 570]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.
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.
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.
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.
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.
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.
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.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
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.
Amendment XI (Ratified February7, 1795)
The Judicial power of the United States shall not be construed to extend to any suit in law or [Page 571]equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Amendment XII (Ratified June15, 1804)
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 the case of the death or other constitutional disability of the President.—]1 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.
Amendment XIII (Ratified December6, 1865)
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.
Amendment XIV (Ratified July9, 1868)
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,1 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 [Page 572]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 power to enforce, by appropriate legislation, the provisions of this article.
Amendment XV (Ratified February3, 1870)
Section1. 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.
Section2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment XVI (Ratified February3, 1913)
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.
Amendment XVII (Ratified April8, 1913)
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.
[Amendment XVIII (Ratified January16, 1919)
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.]1
Amendment XIX (Ratified August18, 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.
Amendment XX (Ratified January23, 1933)
Section 1. The terms of the President and 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.
Section2. 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 3.14 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 elect 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.
Amendment XXI (Ratified December5, 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.
Amendment XXII (Ratified February27, 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 the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the 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.
Amendment XXIII (Ratified March29, 1961)
Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the 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.
Amendment XXIV (Ratified January23, 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 any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment XXV (Ratified February10, 1967)
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 departments 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.
Amendment XXVI (Ratified July1, 1971)
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.
Amendment XXVII (Ratified May 7 á 1992)
No law varying the compensation for the services of the Senators and Representatives shall take effecta until an election of Representatives shall have intervened.
Source: U.S. Congress, House, Committee on the Judiciary, The Constitution of the United States of America, as Amended, 100th Cong., 1st sess., 1987, H Doc 100–94.Notes
The part in brackets was changed by section 2 of the Fourteenth Amendment.
The part in brackets was changed by the first paragraph of the Seventeenth Amendment.
The part in brackets was changed by the second paragraph of the Seventeenth Amendment.
The part in brackets was changed by section 2 of the Twentieth Amendment.
The Sixteenth Amendment gave Congress the power to tax incomes.
The material in brackets was superseded by the Twelfth Amendment.
This provision was affected by the Twenty-fifth Amendment.
These clauses were affected by the Eleventh Amendment.
This paragraph was superseded by the Thirteenth Amendment.
The part in brackets was superseded by section 3 of the Twentieth Amendment.
See the Nineteenth and Twenty-sixth Amendments.
This amendment was repealed by section 1 of the Twenty-first Amendment.
See the Twenty-fifth Amendment.