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(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 choose 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
choose 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 choose 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 choosing 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
choose 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 choose the President. But in choosing the President,
the Votes shall be taken by States, the Representation from each
State having one Vote; A quorum for this Purpose shall consist of
a Member or Members from two thirds of the States, and a Majority
of all the States shall be necessary to a Choice. 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 choose from them by Ballot the Vice President. (See Note 8)
Clause 4: The Congress may determine the
Time of choosing 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.
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