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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. |