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CONSTITUTION OF THE UNITED STATES,

AND OF THE

"CONFEDERATE" STATES.

WITH AN INDEX TO BOTH.

Constitution of the United States
of America.

WE the People of the United States, in order
to form a more perfect Union, establish Jus-
tice, insure domestic Tranquillity, 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 I.

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 II.

The House of Representatives shall be com-
posed of Members chosen every second Year by
the People of the several States, and the Elec-
tors 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 ap-
portioned among the several States which may
be included within this Union, according to
their respective Numbers, which shall be deter-
mined by adding to the whole Number of free
Persons, including those bound to Service for
a Term of Years, and excluding Indians not
taxed, three fifths of all other Persons. The
actual Enumeration shall be made within three
Years after the first Meeting of the Congress of
the United States, and within every subsequent
Term of ten Years, in such Manner as they shall
by Law direct. The Number of Representatives
shall not exceed one for every thirty Thousand,
but each State shall have at Least one Repre-
sentative; and until such enumeration shall be
made, the State of New Hampshire shall be en-
titled to chuse three, Massachusetts eight, Rhode
Island and Providence Plantations one, Con-
necticut five, New York six, New Jersey four,

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The Senate of the United States shall be com-

posed of two Senators from each State, chosen
by the Legislature thereof, for six Years; and

each Senator shall have one Vote.

Immediately after they shall be assembled in
Consequence of the first Election, they shall be
divided as equally as may be into three Classes.
The Seats of the Senators of the first Class shall
be vacated at the Expiration of the second Year,
of the second Class at the Expiration of the
fourth Year, and of the third Class at the Expi-
ration 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 Ex-
ecutive thereof may make temporary Appoint-
ments until the next Meeting of the Legislature,
which shall then fill such Vacancies.

No Person shall be a Senator who shall not
have attained to the Age of thirty Years, and
been nine Years a Citizen of the United States,
and who shall not, when elected, be an Inhab-
itant 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 exer-
cise the Office of President of the United States.

The Senate shall have the sole Power to try
all Impeachments. When sitting for that Pur-
pose, 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 Con-
currence 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 honour, 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 IV.

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 shail assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

SECTION V.

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 VI.

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 VII.

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

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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 Names of the Persons voting for and against the shall be determined by yeas and Nays, and the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

SECTION VIII.

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 su

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To make Rules for the Government and Regu- | Reprisal; coin Money; emit Bills of Credit; lation of the land and naval Forces; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insur-Attainder, ex post facto Law, or Law impairing rections and repel Invasions; the Obligation of Contracts, or grant any Title of Nobility.

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the Discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, Dock-Yards, and other needful Buildings;-And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

SECTION IX.

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 re

quire 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 Enu

meration herein before directed to be taken.

No Tax or Duty shall be laid on Articles exported from any State.

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time. No Title of Nobility shall be granted by the United States: and no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

SECTION X.

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and

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.

ARTICLE II. SECTION I.

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 sealed to the Seat of the Government of the List they shall sign and certify, and transmit United States, directed to the President of the Senate. The President of the Senate shall, in

the Presence of the Senate and House of RepVotes shall then be counted. The Person havresentatives, open all the Certificates, and the ing the greatest Number of Votes shall be the President, if such Number be a Majority of the there be more than one who have such Majority, whole Number of Electors appointed; and if and have an equal Number of Votes, then the chuse by Ballot one of them for President; and House of Representatives shall immediately if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. chusing the President, the Votes shall be taken by States, the Representation from each State shall consist of a Member or Members from twohaving one Vote; A Quorum for this Purpose 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

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Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.*]

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

SECTION III.

He shall from time to time give to the ConNo Person except a natural born Citizen, or a gress Information of the State of the Union, Citizen of the United States, at the time of the and recommend to their Consideration such Adoption of this Constitution, shall be eligible to Measures as he shall judge necessary and exthe Office of President; neither shall any Per-pedient; he may, on extraordinary Occasions, son 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.

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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

This clause of the Constitution has been annulled.

See twelfth article of the amendment, page 96.

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 IV.

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 I.

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 Behavior, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

SECTION II.

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 be tween two or more States;--between a State and Citizens of another State;--between Citizens of different States,-between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by

Law have directed.

SECTION III.

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 tures of three fourths of the several States, or this Constitution, when ratified by the LegislaThe Congress shall have Power to declare by Conventions in three fourths thereof, as the the Punishment of Treason, but no Attainder of one or the other Mode of Ratification may be Treason shall work Corruption of Blood, or For- proposed by the Congress; Provided that no feiture except during the Life of the Person at-Year one thousand eight hundred and eight Amendment which may be made prior to the tainted.

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 Wit-be valid to all Intents and Purposes, as Part of nesses to the same overt Act, or on Confession in open Court.

ARTICLE IV.

SECTION I.

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 II.

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.

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.

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 No Person held to Service or Labour in one State Legislatures, and all executive and judicial State, under the Laws thereof, escaping into Officers, both of the United States and of the another, shall, in Consequence of any Law or Re- several States, shall be bound by Oath or Affirgulation therein, be discharged from such Ser-mation, to support this Constitution; but no revice or Labour, but shall be delivered up on Claim ligious Test shall ever be required as a Qualifiof the Party to whom such Service or Labour cation to any Office or public Trust under the United States. be due.

SECTION III.

may

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 Preju. dice any Claims of the United States, or of any particular State.

SECTION IV.

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 thou-
sand seven hundred and Eighty seven and of
the Independance of the United States of
America the Twelfth In Witness whereof
We have hereunto subscribed our Names,
GO: WASHINGTON,
Presidt and Deputy from Virginia

NEW HAMPSHIRE.

John Langdon,
Nicholas Gilman.
MASSACHUSETTS.

Nathaniel Gorham,

CONNECTICUT.

Wm. Saml. Johnson,

The United States shall guarantee to every State in this Union a Republican Form of Gov-Rufus King. ernment, and shall protect each of them against Invasion; and on Application of the Legislature, Roger Sherman. or of the Executive (when the Legislature cannot be convened) against domestic Violence.

ARTICLE V.

NEW YORK.
Alexander Hamilton.
NEW JERSEY.
Wil: Livingston,
David Brearley,
Wm. Paterson,

The Congress, whenever two thirds of both Jona. Dayton.

PENNSYLVANIA.

B. Franklin,
Thomas Mifflin,
Robt. Morris,
Geo: Clymer,
Tho: Fitzsimons,
Jared Ingersoll,
James Wilson,
Gouv: Morris.

DELAWARE.

Geo: Read,

Gunning Bedford, Jun'r,
John Dickinson,

Richard Bassett,

Jaco: Broom.

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