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. SEC. 1. The executive power shall be vested in a president of the The execuUnited States of America. He shall hold his office during the term of tive power. four years, and, together with the vice president, chosen for the same term, be elected as follows: president Each state shall appoiut, in such manner as the legislature thereof Manner of may direct, a number of electors, equal to the whole number of senators electing the and representatives to which the state may be entitled in the congress and vice but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. president. The electors shall meet in their respective states, and vote by ballot Electoral for two persons, of whom one at least shall not be an inhabitant of the colleges. 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 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 Votes countpresident, if such number be a majority of the whole number of electors ed. 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 Choice by immediately choose by ballot one of them for president; and if no person have a majority, then from the five highest on the list, the said house shall in like manner choose the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states Vice presishall be necessary to a choice. In every case after the choice of the president, the person having the greatest number of votes of the elec- See Amendtors shall be the vice president. But if there should remain two or ments, Artimore who have equal votes, the senate shall choose from them by ballot the vice president. the house dent. cle xii choosing The congress may determine the time of choosing the electors, and Time of the day on which they shall give their votes; which day shall be the electors. same throughout the United States. elected pre No person except a natural born citizen, or a citizen of the United Who may be States at the time of the adoption of this constitution, shall be eligible sident. 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. death, resig of president In case of the removal of the president from office, or of his death, On the resignation or inability to discharge the powers and duties of the said nation, etc., office, the same shall devolve on the vice president; and the congress the powers may by law provide for the case of removal, death, resignation, or ina- and duties bility, both of the president and vice president, declaring what officer vice presi shall then act as president, and such officer shall act accordingly, until dent. the disability be removed or a president shall be elected. devolve on compeusa The president shall, at stated times, receive for his services a com- President's pensation, which shall neither be increased nor diminished during the tion. 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. His oath. Powers of the presi dent. Duties of the president. How the president 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." SEC. 2. 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. He shall have power, by and with the advice and consent of the senate to make treaties, provided two-thirds of the senate 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 department. 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. SEC. 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. SEC. 4. The president, vice president, and all civil officers of the and all civil United States, shall be removed from office on impeachment for, and officers may conviction of, treason, bribery, or other high crimes and misdemeanors. be removed from office. Judicial power, how vested. Extent of the judicial power. Of the origi pellate ju ARTICLE III. SEC. 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 behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. SEC. 2. 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; 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. In all cases affecting ambassadors, other public ministers and consuls, al and ap- and those in which a state shall be a party, the supreme court shall risdiction of have original jurisdiction. In all the other cases before mentioned, the supreme the supreme court shall have appellate jurisdiction, both as to law and court. fact, with such exceptions and under such regulations as the congress shall make. cept on im The trial of all crimes, except in cases of impeachment, shall be by The trial of jury; and such trial shall be held in the state where the said crimes crimes, exshall have been committed; but when not committed within any state, peachment, the trial shall be at such place or places as the congress may by law to be byjury. have directed. how pan SEC. 3. Treason against the United States shall consist only in Treason, levying war against them, or in adhering to their enemies, giving them what, and aid and comfort. No person shall be convicted of treason, unless on ished. the testimony of two witnesses to the same overt act, or on confession in open court. 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. SEC. 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. Fall faith to be given to the public acts, re cords, etc., of each state. SEC. 2. The citizens of each state shall be entitled to all privileges Privileges of and immunities of citizens in the several states. citizens. from justice to be deli A person charged in any state with treason, felony, or other crime, Fugitives 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 vered up. delivered up, to be removed to the state having jurisdiction of the crime. surrendered No person held to service or labor in one state, under the laws Servants, thereof, escaping into another, shall, in consequence of any law or etc., to be regulation therein, be discharged from such service or labor, but shall on claim. be delivered up, on claim of the party to whom such service or labor may be due. mitted. SEC. 3. New states may be admitted, by the congress, into this New states union; but no new state shall be formed or erected within the juris- may be addiction 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. of territory, The congress shall have power to dispose of, and make all needful Congress rules and regulations, respecting the territory or other property be- may dispose longing to the United States; and nothing in this constitution shall etc. be so construed as to prejudice any claims of the United States, or of any particular state. tion of the SEC. 4. The United States shall guaranty to every state in this Guaranty union, a republican form of government, and shall protect each of and protecthem against invasion; and on application of the legislature, or of the states by the executive (when the legislature cannot be convened) against domestic violence. ARTICLE V. union. ments to the constitu be made. The congress, whenever two-thirds of both houses shall deem it Amendnecessary, shall propose amendments to this constitution, or, on the application of the legislatures of two-thirds of the several states, shall tion, how to cail 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 Former 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. All debts contracted, and engagements entered into, before the debts valid. adoption of this constitution, shall be as valid against the United States, under this constitution, as under the confederation. The consti tution, laws, and treaties, to be the su preme law of the land. Oath to sup stitution, by 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 ; anything in the constitution or laws of any state to the contrary notwithstanding. The senators and representatives before mentioned, and the memport the con- bers of the several state legislatures, and all executive and judicial whom to be 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 be ever required as a qualification to any office of public trust under the United States. taken. No religious test. ARTICLE VII. When con The ratification of the conventions of nine states shall be sufficient stitution to for the establishment of this constitution between the states so ratify take effect. ing 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. GEORGE WASHINGTON, President, and deputy from Virginia. of quarter AMENDMENTS To the Constitution of the United States, ratified according to the provisions of the fifth article of the foregoing Constitution. ARTICLE I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ARTICLE II. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. ARTICLE III. No soldier shall, in time of peace, be quartered in any house without ing soldiers. the consent of the owner; nor in time of war, but in a manner to be prescribed by law. ARTICLE IV. es and seiz The right of the people to be secure in their persons, houses, papers, or unreason and effects, against unreasonable searches and seizures, shall not be able searchviolated; and no warrants shall issue, but upon probable cause, sup- ures. ported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE V. and indict No person shall be held to answer for a capital or otherwise in- of crimes famous crime, unless on a presentment or indictment of a grand jury, 'ments. except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public Private prouse without just compensation. ARTICLE VI. perty. tions. In all criminal prosecutions, the accused shall enjoy the right to a Of criminal speedy and public trial, by an impartial jury of the state and district prosecuwherein the crime shall have been committed; which district shall have been previously ascertained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence. ARTICLE VII. of common In suits of common law, where the value in controversy shall exceed of trial by twenty dollars, the right of trial by jury shall be preserved; and no jury in suits fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. ARTICLE VIII. law. Excessive bail shall not be required, nor excessive fines imposed, nor of bail, fines cruel and unusual punishments inflicted. ARTICLE IX. and punishments. The enumeration in the constitution, of certain rights, shall not be Rights not construed to deny or disparage others retained by the people. ARTICLE X. affected. The powers not delegated to the United States by the constitution, Powers not nor prohibited by it to the states, are reserved to the states respec- delegated tively, or to the people. ARTICLE XI. reserved. A state, how far not lia ble to be The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or sued. subjects of any foreign state. ARTICLE XII. The electors shall meet in their respective states, and vote by ballot Electoral for president and vice president, one of whom, at least, shall not be an colleges. inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice president; and they shall make distinct lists |