THE UNITED STATES CONSTITUTION
Back to Our Rights
(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.
Top
|