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, 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.
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, 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
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 Vice President, and the Congress may by Law provide for the Case of
Removal, Death, Resignation or Inability, both of the President and Vice
President, declaring what Officer shall then act as President, and such
Officer shall act accordingly, until the Disability be removed, or a
President shall be elected.
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.
http://www.house.gov/Constitution/Constitution.html