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