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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