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.
