THE UNITED STATES CONSTITUTION
(See Note 1)
We the People of the United States,
in Order to form a more perfect Union, establish Justice, insure
domestic Tranquility, provide for the common defence, promote the
general Welfare, and secure the Blessings of Liberty to ourselves
and our Posterity, do ordain and establish this Constitution for the
United States of America.
Article. I.
Section 1.
All legislative Powers herein
granted shall be vested in a Congress of the United States, which
shall consist of a Senate and House of Representatives.
Section. 2.
Clause 1: The House of
Representatives shall be composed of Members chosen every second
Year by the People of the several States, and the Electors in each
State shall have the Qualifications requisite for Electors of the
most numerous Branch of the State Legislature.
Clause 2: No Person shall be a
Representative who shall not have attained to the Age of twenty five
Years, and been seven Years a Citizen of the United States, and who
shall not, when elected, be an Inhabitant of that State in which he
shall be chosen.
Clause 3: Representatives and
direct Taxes shall be apportioned among the several States which may
be included within this Union, according to their respective
Numbers, which shall be determined by adding to the whole Number of
free Persons, including those bound to Service for a Term of Years,
and excluding Indians not taxed, three fifths of all other Persons.
(See Note 2) The actual Enumeration shall be made within
three Years after the first Meeting of the Congress of the United
States, and within every subsequent Term of ten Years, in such
Manner as they shall by Law direct. The Number of Representatives
shall not exceed one for every thirty Thousand, but each State shall
have at Least one Representative; and until such enumeration shall
be made, the State of New Hampshire shall be entitled to chuse
three, Massachusetts eight, Rhode-Island and Providence Plantations
one, Connecticut five, New-York six, New Jersey four, Pennsylvania
eight, Delaware one, Maryland six, Virginia ten, North Carolina
five, South Carolina five, and Georgia three.
Clause 4: When vacancies happen in
the Representation from any State, the Executive Authority thereof
shall issue Writs of Election to fill such Vacancies.
Clause 5: The House of
Representatives shall chuse their Speaker and other Officers; and
shall have the sole Power of Impeachment.
Section. 3.
Clause 1: The Senate of the United
States shall be composed of two Senators from each State, chosen by
the Legislature thereof, (See Note 3) for six Years; and each
Senator shall have one Vote.
Clause 2: Immediately after they
shall be assembled in Consequence of the first Election, they shall
be divided as equally as may be into three Classes. The Seats of the
Senators of the first Class shall be vacated at the Expiration of
the second Year, of the second Class at the Expiration of the fourth
Year, and of the third Class at the Expiration of the sixth Year, so
that one third may be chosen every second Year; and if Vacancies
happen by Resignation, or otherwise, during the Recess of the
Legislature of any State, the Executive thereof may make temporary
Appointments until the next Meeting of the Legislature, which shall
then fill such Vacancies. (See Note 4)
Clause 3: No Person shall be a
Senator who shall not have attained to the Age of thirty Years, and
been nine Years a Citizen of the United States, and who shall not,
when elected, be an Inhabitant of that State for which he shall be
chosen.
Clause 4: The Vice President of the
United States shall be President of the Senate, but shall have no
Vote, unless they be equally divided.
Clause 5: The Senate shall chuse
their other Officers, and also a President pro tempore, in the
Absence of the Vice President, or when he shall exercise the Office
of President of the United States.
Clause 6: The Senate shall have the
sole Power to try all Impeachments. When sitting for that Purpose,
they shall be on Oath or Affirmation. When the President of the
United States is tried, the Chief Justice shall preside: And no
Person shall be convicted without the Concurrence of two thirds of
the Members present.
Clause 7: Judgment in Cases of
Impeachment shall not extend further than to removal from Office,
and disqualification to hold and enjoy any Office of honor, Trust or
Profit under the United States: but the Party convicted shall
nevertheless be liable and subject to Indictment, Trial, Judgment
and Punishment, according to Law.
Section. 4.
Clause 1: The Times, Places and
Manner of holding Elections for Senators and Representatives, shall
be prescribed in each State by the Legislature thereof; but the
Congress may at any time by Law make or alter such Regulations,
except as to the Places of chusing Senators.
Clause 2: The Congress shall
assemble at least once in every Year, and such Meeting shall be on
the first Monday in December, (See Note 5) unless they shall
by Law appoint a different Day.
Section. 5.
Clause 1: Each House shall be the
Judge of the Elections, Returns and Qualifications of its own
Members, and a Majority of each shall constitute a Quorum to do
Business; but a smaller Number may adjourn from day to day, and may
be authorized to compel the Attendance of absent Members, in such
Manner, and under such Penalties as each House may provide.
Clause 2: Each House may determine
the Rules of its Proceedings, punish its Members for disorderly
Behaviour, and, with the Concurrence of two thirds, expel a Member.
Clause 3: Each House shall keep a
Journal of its Proceedings, and from time to time publish the same,
excepting such Parts as may in their Judgment require Secrecy; and
the Yeas and Nays of the Members of either House on any question
shall, at the Desire of one fifth of those Present, be entered on
the Journal.
Clause 4: Neither House, during the
Session of Congress, shall, without the Consent of the other,
adjourn for more than three days, nor to any other Place than that
in which the two Houses shall be sitting.
Section. 6.
Clause 1: The Senators and
Representatives shall receive a Compensation for their Services, to
be ascertained by Law, and paid out of the Treasury of the United
States. (See Note 6) They shall in all Cases, except Treason,
Felony and Breach of the Peace, beprivileged from Arrest during
their Attendance at the Session of their respective Houses, and in
going to and returning from the same; and for any Speech or Debate
in either House, they shall not be questioned in any other Place.
Clause 2: No Senator or
Representative shall, during the Time for which he was elected, be
appointed to any civil Office under the Authority of the United
States, which shall have been created, or the Emoluments whereof
shall have been encreased during such time; and no Person holding
any Office under the United States, shall be a Member of either
House during his Continuance in Office.
Section. 7.
Clause 1: All Bills for raising
Revenue shall originate in the House of Representatives; but the
Senate may propose or concur with Amendments as on other Bills.
Clause 2: Every Bill which shall
have passed the House of Representatives and the Senate, shall,
before it become a Law, be presented to the President of the United
States; If he approve he shall sign it, but if not he shall return
it, with his Objections to that House in which it shall have
originated, who shall enter the Objections at large on their
Journal, and proceed to reconsider it. If after such Reconsideration
two thirds of that House shall agree to pass the Bill, it shall be
sent, together with the Objections, to the other House, by which it
shall likewise be reconsidered, and if approved by two thirds of
that House, it shall become a Law. But in all such Cases the Votes
of both Houses shall be determined by yeas and Nays, and the Names
of the Persons voting for and against the Bill shall be entered on
the Journal of each House respectively. If any Bill shall not be
returned by the President within ten Days (Sundays excepted) after
it shall have been presented to him, the Same shall be a Law, in
like Manner as if he had signed it, unless the Congress by their
Adjournment prevent its Return, in which Case it shall not be a Law.
Clause 3: Every Order, Resolution,
or Vote to which the Concurrence of the Senate and House of
Representatives may be necessary (except on a question of
Adjournment) shall be presented to the President of the United
States; and before the Same shall take Effect, shall be approved by
him, or being disapproved by him, shall be repassed by two thirds of
the Senate and House of Representatives, according to the Rules and
Limitations prescribed in the Case of a Bill.
Section. 8.
Clause 1: The Congress shall have
Power To lay and collect Taxes, Duties, Imposts and Excises, to pay
the Debts and provide for the common Defence and general Welfare of
the United States; but all Duties, Imposts and Excises shall be
uniform throughout the United States;
Clause 2: To borrow Money on the
credit of the United States;
Clause 3: To regulate Commerce with
foreign Nations, and among the several States, and with the Indian
Tribes;
Clause 4: To establish an uniform
Rule of Naturalization, and uniform Laws on the subject of
Bankruptcies throughout the United States;
Clause 5: To coin Money, regulate
the Value thereof, and of foreign Coin, and fix the Standard of
Weights and Measures;
Clause 6: To provide for the
Punishment of counterfeiting the Securities and current Coin of the
United States;
Clause 7: To establish Post Offices
and post Roads;
Clause 8: To promote the Progress
of Science and useful Arts, by securing for limited Times to Authors
and Inventors the exclusive Right to their respective Writings and
Discoveries;
Clause 9: To constitute Tribunals
inferior to the supreme Court;
Clause 10: To define and punish
Piracies and Felonies committed on the high Seas, and Offences
against the Law of Nations;
Clause 11: To declare War, grant
Letters of Marque and Reprisal, and make Rules concerning Captures
on Land and Water;
Clause 12: To raise and support
Armies, but no Appropriation of Money to that Use shall be for a
longer Term than two Years;
Clause 13: To provide and maintain
a Navy;
Clause 14: To make Rules for the
Government and Regulation of the land and naval Forces;
Clause 15: To provide for calling
forth the Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions;
Clause 16: To provide for
organizing, arming, and disciplining, the Militia, and for governing
such Part of them as may be employed in the Service of the United
States, reserving to the States respectively, the Appointment of the
Officers, and the Authority of training the Militia according to the
discipline prescribed by Congress;
Clause 17: To exercise exclusive
Legislation in all Cases whatsoever, over such District (not
exceeding ten Miles square) as may, byCession of particular States,
and the Acceptance of Congress, become the Seat of the Government of
the United States, and to exercise like Authority over all Places
purchased by the Consent of the Legislature of the State in which
the Same shall be, for the Erection of Forts, Magazines, Arsenals,
dock-Yards, and other needful Buildings;--And
Clause 18: To make all Laws which
shall be necessary and proper for carrying into Execution the
foregoing Powers, and all other Powers vested by this Constitution
in the Government of the United States, or in any Department or
Officer thereof.
Section. 9.
Clause 1: The Migration or
Importation of such Persons as any of the States now existing shall
think proper to admit, shall not be prohibited by the Congress prior
to the Year one thousand eight hundred and eight, but a Tax or duty
may be imposed on such Importation, not exceeding ten dollars for
each Person.
Clause 2: The Privilege of the Writ
of Habeas Corpus shall not be suspended, unless when in Cases of
Rebellion or Invasion the public Safety may require it.
Clause 3: No Bill of Attainder or
ex post facto Law shall be passed.
Clause 4: No Capitation, or other
direct, Tax shall be laid, unless in Proportion to the Census or
Enumeration herein before directed to be taken. (See Note 7)
Clause 5: No Tax or Duty shall be
laid on Articles exported from any State.
Clause 6: No Preference shall be
given by any Regulation of Commerce or Revenue to the Ports of one
State over those of another: nor shall Vessels bound to, or from,
one State, be obliged to enter, clear, or pay Duties in another.
Clause 7: No Money shall be drawn
from the Treasury, but in Consequence of Appropriations made by Law;
and a regular Statement and Account of the Receipts and Expenditures
of all public Money shall be published from time to time.
Clause 8: No Title of Nobility
shall be granted by the United States: And no Person holding any
Office of Profit or Trust under them, shall, without the Consent of
the Congress, accept of any present, Emolument, Office, or Title, of
any kind whatever, from any King, Prince, or foreign State.
Section. 10.
Clause 1: No State shall enter into
any Treaty, Alliance, or Confederation; grant Letters of Marque and
Reprisal; coin Money; emit Bills of Credit; make any Thing but gold
and silver Coin a Tender in Payment of Debts; pass any Bill of
Attainder, ex post facto Law, or Law impairing the Obligation of
Contracts, or grant any Title of Nobility.
Clause 2: No State shall, without
the Consent of the Congress, lay any Imposts or Duties on Imports or
Exports, except what may be absolutely necessary for executing it's
inspection Laws: and the net Produce of all Duties and Imposts, laid
by any State on Imports or Exports, shall be for the Use of the
Treasury of the United States; and all such Laws shall be subject to
the Revision and Controul of the Congress.
Clause 3: No State shall, without
the Consent of Congress, lay any Duty of Tonnage, keep Troops, or
Ships of War in time of Peace, enter into any Agreement or Compact
with another State, or with a foreign Power, or engage in War,
unless actually invaded, or in such imminent Danger as will not
admit of delay.
Article. II.
Section. 1.
Clause 1: The executive Power shall
be vested in a President of the United States of America. He shall
hold his Office during the Term of four Years, and, together with
the Vice President, chosen for the same Term, be elected, as follows
Clause 2: Each State shall appoint,
in such Manner as the Legislature thereof may direct, a Number of
Electors, equal to the whole Number of Senators and Representatives
to which the State may be entitled in the Congress: but no Senator
or Representative, or Person holding an Office of Trust or Profit
under the United States, shall be appointed an Elector.
Clause 3: The Electors shall meet
in their respective States, and vote by Ballot for two Persons, of
whom one at least shall not be an Inhabitant of the same State with
themselves. And they shall make a List of all the Persons voted for,
and of the Number of Votes for each; which List they shall sign and
certify, and transmit sealed to the Seat of the Government of the
United States, directed to the President of the Senate. The
President of the Senate shall, in the Presence of the Senate and
House of Representatives, open all the Certificates, and the Votes
shall then be counted. The Person having the greatest Number of
Votes shall be the President, if such Number be a Majority of the
whole Number of Electors appointed; and if there be more than one
who have such Majority, and have an equal Number of Votes, then the
House of Representatives shall immediately chuse by Ballot one of
them for President; and if no Person have a Majority, then from the
five highest on the List the said House shall in like Manner chuse
the President. But in chusing the President, the Votes shall be
taken by States, the Representation from each State having one Vote;
A quorum for this Purpose shall consist of a Member or Members from
two thirds of the States, and a Majority of all the States shall be
necessary to a Choice. In every Case, after the Choice of the
President, the Person having the greatest Number of Votes of the
Electors shall be the Vice President. But if there should remain two
or more who have equal Votes, the Senate shall chuse from them by
Ballot the Vice President. (See Note 8)
Clause 4: The Congress may
determine the Time of chusing the Electors, and the Day on which
they shall give their Votes; which Day shall be the same throughout
the United States.
Clause 5: No Person except a
natural born Citizen, or a Citizen of the United States, at the time
of the Adoption of this Constitution, shall be eligible to the
Office of President; neither shall any Person be eligible to that
Office who shall not have attained to the Age of thirty five Years,
and been fourteen Years a Resident within the United States.
Clause 6: In Case of the Removal of
the President from Office, or of his Death, Resignation, or
Inability to discharge the Powers and Duties of the said Office,
(See Note 9) the Same shall devolve on the VicePresident, and
the Congress may by Law provide for the Case of Removal, Death,
Resignation or Inability, both of the President and Vice President,
declaring what Officer shall then act as President, and such Officer
shall act accordingly, until the Disability be removed, or a
President shall be elected.
Clause 7: The President shall, at
stated Times, receive for his Services, a Compensation, which shall
neither be encreased nor diminished during the Period for which he
shall have been elected, and he shall not receive within that Period
any other Emolument from the United States, or any of them.
Clause 8: Before he enter on the
Execution of his Office, he shall take the following Oath or
Affirmation:--"I do solemnly swear (or affirm) that I will
faithfully execute the Office of President of the United States, and
will to the best of my Ability, preserve, protect and defend the
Constitution of the United States."
Section. 2.
Clause 1: The President shall be
Commander in Chief of the Army and Navy of the United States, and of
the Militia of the several States, when called into the actual
Service of the United States; he may require the Opinion, in
writing, of the principal Officer in each of the executive
Departments, upon any Subject relating to the Duties of their
respective Offices, and he shall have Power to grant Reprieves and
Pardons for Offences against the United States, except in Cases of
Impeachment.
Clause 2: He shall have Power, by
and with the Advice and Consent of the Senate, to make Treaties,
provided two thirds of the Senators present concur; and he shall
nominate, and by and with the Advice and Consent of the Senate,
shall appoint Ambassadors, other public Ministers and Consuls,
Judges of the supreme Court, and all other Officers of the United
States, whose Appointments are not herein otherwise provided for,
and which shall be established by Law: but the Congress may by Law
vest the Appointment of such inferior Officers, as they think
proper, in the President alone, in the Courts of Law, or in the
Heads of Departments.
Clause 3: The President shall have
Power to fill up all Vacancies that may happen during the Recess of
the Senate, by granting Commissions which shall expire at the End of
their next Session.
Section. 3.
He shall from time to time give to
the Congress Information of the State of the Union, and recommend to
their Consideration such Measures as he shall judge necessary and
expedient; he may, on extraordinary Occasions, convene both Houses,
or either of them, and in Case of Disagreement between them, with
Respect to the Time of Adjournment, he may adjourn them to such Time
as he shall think proper; he shall receive Ambassadors and other
public Ministers; he shall take Care that the Laws be faithfully
executed, and shall Commission all the Officers of the United
States.
Section. 4.
The President, Vice President and
all civil Officers of the United States, shall be removed from
Office on Impeachment for, and Conviction of, Treason, Bribery, or
other high Crimes and Misdemeanors.
Article. III.
Section. 1.
The judicial Power of the United
States, shall be vested in one supreme Court, and in such inferior
Courts as the Congress may from time to time ordain and establish.
The Judges, both of the supreme and inferior Courts, shall hold
their Offices during good Behaviour, and shall, at stated Times,
receive for their Services, a Compensation, which shall not be
diminished during their Continuance in Office.
Section. 2.
Clause 1: The judicial Power shall
extend to all Cases, in Law and Equity, arising under this
Constitution, the Laws of the United States, and Treaties made, or
which shall be made, under their Authority;--to all Cases affecting
Ambassadors, other public Ministers and Consuls;--to all Cases of
admiralty and maritime Jurisdiction;--to Controversies to which the
United States shall be a Party;--to Controversies between two or
more States;--between a State and Citizens of another State; (See
Note 10)--between Citizens of different States, --between
Citizens of the same State claiming Lands under Grants of different
States, and between a State, or the Citizens thereof, and foreign
States, Citizens or Subjects.
Clause 2: In all Cases affecting
Ambassadors, other public Ministers and Consuls, and those in which
a State shall be Party, the supreme Court shall have original
Jurisdiction. In all the other Cases before mentioned, the supreme
Court shall have appellate Jurisdiction, both as to Law and Fact,
with such Exceptions, and under such Regulations as the Congress
shall make.
Clause 3: The Trial of all Crimes,
except in Cases of Impeachment, shall be by Jury; and such Trial
shall be held in the State where the said Crimes shall have been
committed; but when not committed within any State, the Trial shall
be at such Place or Places as the Congress may by Law have directed.
Section. 3.
Clause 1: Treason against the
United States, shall consist only in levying War against them, or in
adhering to their Enemies, giving them Aid and Comfort. No Person
shall be convicted of Treason unless on the Testimony of two
Witnesses to the same overt Act, or on Confession in open Court.
Clause 2: The Congress shall have
Power to declare the Punishment of Treason, but no Attainder of
Treason shall work Corruption of Blood, or Forfeiture except during
the Life of the Person attainted.
Article. IV.
Section. 1.
Full Faith and Credit shall be
given in each State to the public Acts, Records, and judicial
Proceedings of every other State. And the Congress may by general
Laws prescribe the Manner in which such Acts, Records and
Proceedings shall be proved, and the Effect thereof.
Section. 2.
Clause 1: The Citizens of each
State shall be entitled to all Privileges and Immunities of Citizens
in the several States.
Clause 2: A Person charged in any
State with Treason, Felony, or other Crime, who shall flee from
Justice, and be found in another State, shall on Demand of the
executive Authority of the State from which he fled, be delivered
up, to be removed to the State having Jurisdiction of the Crime.
Clause 3: No Person held to
Service or Labour in one State, under the Laws thereof, escaping
into another, shall, in Consequence of any Law or Regulation
therein, be discharged from such Service or Labour, but shall be
delivered up on Claim of the Party to whom such Service or Labour
may be due. (See Note 11)
Section. 3.
Clause 1: New States may be
admitted by the Congress into this Union; but no new State shall be
formed or erected within the Jurisdiction of any other State; nor
any State be formed by the Junction of two or more States, or Parts
of States, without the Consent of the Legislatures of the States
concerned as well as of the Congress.
Clause 2: The Congress shall have
Power to dispose of and make all needful Rules and Regulations
respecting the Territory or other Property belonging to the United
States; and nothing in this Constitution shall be so construed as to
Prejudice any Claims of the United States, or of any particular
State.
Section. 4.
The United States shall guarantee
to every State in this Union a Republican Form of Government, and
shall protect each of them against Invasion; and on Application of
the Legislature, or of the Executive (when the Legislature cannot be
convened) against domestic Violence.
Article. V.
The Congress, whenever two thirds
of both Houses shall deem it necessary, shall propose
Amendments
to this Constitution, or, on the Application of the Legislatures of
two thirds of the several States, shall call a Convention for
proposing Amendments, which, in either Case, shall be valid to all
Intents and Purposes, as Part of this Constitution, when ratified by
the Legislatures of three fourths of the several States, or by
Conventions in three fourths thereof, as the one or the other Mode
of Ratification may be proposed by the Congress; Provided that no
Amendment which may be made prior to the Year One thousand eight
hundred and eight shall in any Manner affect the first and fourth
Clauses in the Ninth Section of the first Article; and that no
State, without its Consent, shall be deprived of its equal Suffrage
in the Senate.
Article. VI.
Clause 1: All Debts contracted and
Engagements entered into, before the Adoption of this Constitution,
shall be as valid against the United States under this Constitution,
as under the Confederation.
Clause 2: This Constitution, and
the Laws of the United States which shall be made in Pursuance
thereof; and all Treaties made, or which shall be made, under the
Authority of the United States, shall be the supreme Law of the
Land; and the Judges in every State shall be bound thereby, any
Thing in the Constitution or Laws of any State to the Contrary
notwithstanding.
Clause 3: The Senators and
Representatives before mentioned, and the Members of the several
State Legislatures, and all executive and judicial Officers, both of
the United States and of the several States, shall be bound by Oath
or Affirmation, to support this Constitution; but no religious Test
shall ever be required as a Qualification to any Office or public
Trust under the United States.
Article. VII.
The Ratification of the Conventions of
nine States, shall be sufficient for the Establishment of this
Constitution between the States so ratifying the Same.
done in Convention by the Unanimous
Consent of the States present the Seventeenth Day of September in
the Year of our Lord one thousand seven hundred and Eighty seven and
of the Independence of the United States of America the Twelfth In
witness whereof We have hereunto subscribed our Names,
GO WASHINGTON--Presidt. and deputy
from Virginia
[Signed also by the deputies of
twelve States.]
Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
Maryland
James MCHenry
Dan of ST ThoS. Jenifer
DanL Carroll.
Virginia
John Blair--
James Madison Jr.
North Carolina
WM Blount
RichD. Dobbs Spaight.
Hu Williamson
South Carolina
J. Rutledge
Charles 1ACotesworth Pinckney
Charles Pinckney
Pierce Butler.
Georgia
William Few
Abr Baldwin
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
Connecticut
WM. SamL. Johnson
Roger Sherman
New York
Alexander Hamilton
New Jersey
Wil: Livingston
David Brearley.
WM. Paterson.
Jona: Dayton
Pennsylvania
B Franklin
Thomas Mifflin
RobT Morris
Geo. Clymer
ThoS. FitzSimons
Jared Ingersoll
James Wilson.
Gouv Morris
Attest William Jackson Secretary
NOTES
Note 1: This text of the
Constitution follows the engrossed copy signed by Gen. Washington
and the deputies from 12 States. The small superior figures
preceding the paragraphs designate Clauses, and were not in the
original and have no reference to footnotes.
The Constitution was adopted by a
convention of the States on September 17, 1787, and was subsequently
ratified by the several States, on the following dates: Delaware,
December 7, 1787; Pennsylvania, December 12, 1787; New Jersey,
December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9,
1788; Massachusetts, February 6, 1788; Maryland, April 28, 1788;
South Carolina, May 23, 1788; New Hampshire, June 21, 1788.
Ratification was completed on June
21, 1788.
The Constitution was subsequently
ratified by Virginia, June 25, 1788; New York, July 26, 1788; North
Carolina, November 21, 1789; Rhode Island, May 29, 1790; and
Vermont, January 10, 1791.
In May 1785, a committee of
Congress made a report recommending an alteration in the Articles of
Confederation, but no action was taken on it, and it was left to the
State Legislatures to proceed in the matter. In January 1786, the
Legislature of Virginia passed a resolution providing for the
appointment of five commissioners, who, or any three of them, should
meet such commissioners as might be appointed in the other States of
the Union, at a time and place to be agreed upon, to take into
consideration the trade of the United States; to consider how far a
uniform system in their commercial regulations may be necessary to
their common interest and their permanent harmony; and to report to
the several States such an act, relative to this great object, as,
when ratified by them, will enable the United States in Congress
effectually to provide for the same. The Virginia commissioners,
after some correspondence, fixed the first Monday in September as
the time, and the city of Annapolis as the place for the meeting,
but only four other States were represented, viz: Delaware, New
York, New Jersey, and Pennsylvania; the commissioners appointed by
Massachusetts, New Hampshire, North Carolina, and Rhode Island
failed to attend. Under the circumstances of so partial a
representation, the commissioners present agreed upon a report,
(drawn by Mr. Hamilton, of New York,) expressing their unanimous
conviction that it might essentially tend to advance the interests
of the Union if the States by which they were respectively delegated
would concur, and use their endeavors to procure the concurrence of
the other States, in the appointment of commissioners to meet at
Philadelphia on the Second Monday of May following, to take into
consideration the situation of the United States; to devise such
further provisions as should appear to them necessary to render the
Constitution of the Federal Government adequate to the exigencies of
the Union; and to report such an act for that purpose to the United
States in Congress assembled as, when agreed to by them and
afterwards confirmed by the Legislatures of every State, would
effectually provide for the same.
Congress, on the 21st of February,
1787, adopted a resolution in favor of a convention, and the
Legislatures of those States which had not already done so (with the
exception of Rhode Island) promptly appointed delegates. On the 25th
of May, seven States having convened, George Washington, of
Virginia, was unanimously elected President, and the consideration
of the proposed constitution was commenced. On the 17th of
September, 1787, the Constitution as engrossed and agreed upon was
signed by all the members present, except Mr. Gerry of
Massachusetts, and Messrs. Mason and Randolph, of Virginia. The
president of the convention transmitted it to Congress, with a
resolution stating how the proposed Federal Government should be put
in operation, and an explanatory letter. Congress, on the 28th of
September, 1787, directed the Constitution so framed, with the
resolutions and letter concerning the same, to "be transmitted to
the several Legislatures in order to be submitted to a convention of
delegates chosen in each State by the people thereof, in conformity
to the resolves of the convention."
On the 4th of March, 1789, the day
which had been fixed for commencing the operations of Government
under the new Constitution, it had been ratified by the conventions
chosen in each State to consider it, as follows: Delaware, December
7, 1787; Pennsylvania, December 12, 1787; New Jersey, December 18,
1787; Georgia, January 2, 1788; Connecticut, January 9, 1788;
Massachusetts, February 6, 1788; Maryland, April 28, 1788; South
Carolina, May 23, 1788; New Hampshire, June 21, 1788; Virginia, June
25, 1788; and New York, July 26, 1788.
The President informed Congress, on
the 28th of January, 1790, that North Carolina had ratified the
Constitution November 21, 1789; and he informed Congress on the 1st
of June, 1790, that Rhode Island had ratified the Constitution May
29, 1790. Vermont, in convention, ratified the Constitution January
10, 1791, and was, by an act of Congress approved February 18, 1791,
"received and admitted into this Union as a new and entire member of
the United States."
Note 2: The part of this Clause
relating to the mode of apportionment of representatives among the
several States has been affected by Section 2 of amendment XIV, and
as to taxes on incomes without apportionment by amendment XVI.
Note 3: This Clause has been
affected by Clause 1 of amendment XVII.
Note 4: This Clause has been
affected by Clause 2 of amendment XVIII.
Note 5: This Clause has been
affected by amendment XX.
Note 6: This Clause has been
affected by amendment XXVII.
Note 7: This Clause has been
affected by amendment XVI.
Note 8: This Clause has been
superseded by amendment XII.
Note 9: This Clause has been
affected by amendment XXV.
Note 10: This Clause has been
affected by amendment XI.
Note 11: This Clause has been
affected by amendment XIII.
Note 12: The first ten amendments
to the Constitution of the United States (and two others, one of
which failed of ratification and the other which later became the
27th amendment) were proposed to the legislatures of the several
States by the First Congress on September 25, 1789. The first ten
amendments were ratified by the following States, and the
notifications of ratification by the Governors thereof were
successively communicated by the President to Congress: New Jersey,
November 20, 1789; Maryland, December 19, 1789; North Carolina,
December 22, 1789; South Carolina, January 19, 1790; New Hampshire,
January 25, 1790; Delaware, January 28, 1790; New York, February 24,
1790; Pennsylvania, March 10, 1790; Rhode Island, June 7, 1790;
Vermont, November 3, 1791; and Virginia, December 15, 1791.
Ratification was completed on
December 15, 1791.
The amendments were subsequently
ratified by the legislatures of Massachusetts, March 2, 1939;
Georgia, March 18, 1939; and Connecticut, April 19, 1939.
Note 13: Only the 13th, 14th, 15th,
and 16th articles of amendment had numbers assigned to them at the
time of ratification.
Note 14: This sentence has been
superseded by section 3 of amendment XX.
Note 15: See amendment XIX and
section 1 of amendment XXVI.
Note 16: Repealed by section 1 of
amendment XXI. |