51-300 Wais

TheCONSTITUTIONof the United States

andThe Declaration of Independence

51-300c.pdf 151-300c.pdf 1 8/12/09 2:39:02 PM8/12/09 2:39:02 PM

111th CONGRESS, 1st SESSION /

SENATE DOCUMENT 111–4

The Declaration of Independencewas the promise; theConstitution was the fulfillment.

“The sacred rights of mankind are not to be rummaged for, among old parchments, or mustyrecords. They are written, as with a sun beam in the whole volume of human nature, by the hand of the divinity itself; and can never be erased or obscured by mortal power.’’

Alexander Hamilton, 1775

“. . . a constitution, intended toendure for ages to come, andconsequently, to be adapted to thevarious crises of human affairs.’’

John Marshall

At the conclusion of theConstitutional Convention,Benjamin Franklin was asked,“What have you wrought?”He answered,

“. . . a Republic, if you can keep it.”

51-300c.pdf 251-300c.pdf 2 8/12/09 2:39:02 PM8/12/09 2:39:02 PM

Jk. 51–300—Hammond, K.—July 27, 2009Jobs: S; Senate Pocket Constitution

File: 51–300; Constitution

PRINTED UNDER THE DIRECTION

OF THE

JOINT COMMITTEE ON PRINTING

SENATE CONCURRENT RESOLUTION 35

(Submitted by Senator Schumer)

UNITED STATES SENATE111th Congress, 1st Session

July 29, 2009

Resolved by the Senate (the House of Representatives concurring),

SEC. 1. POCKET VERSION OF THE UNITED STATES CONSTITUTION

(a) IN GENERAL.—The 24th edition of the pocket versionof the United States Constitution shall be printed as a Senatedocument under the direction of the Joint Committee onPrinting.

(b) ADDITIONAL COPIES.—In addition to the usualnumber, there shall be printed the lesser of—

(1) 551,000 copies of the document, of which 441,000copies shall be for the use of the House of Representatives,100,000 copies shall be for the use of the Senate, and 10,000copies shall be for the use of the Joint Committee on Printing;or

(2) such number of copies of the document as does notexceed a total production and printing cost of $218,379 withdistribution to be allocated in the same proportion asdescribed in paragraph (1), except that in no case shall thenumber of copies be less than 1 per Member of Congress.

SENATE

CHARLES E. SCHUMER, New YorkChairman

PATTY MURRAY, WashingtonTOM UDALL, New MexicoROBERT F. BENNETT, UtahSAXBY CHAMBLISS, Georgia

HOUSE

ROBERT A. BRADY, PennsylvaniaVice Chairman

MICHAEL E. CAPUANO, MassachusettsSUSAN A. DAVIS, CaliforniaDANIEL E. LUNGREN, California

Ranking Minority MemberKEVIN MCCARTHY, California

For sale by the Superintendent of Documents, U.S. Government Printing OfficeInternet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001

51-300; Pocket Constitution:51-300 8/10/09 11:22 AM Page 1

The CONSTITUTIONof the United States

with Index andThe Declaration of Independence

First Edition, 1986

Second Edition, 1987

Third Edition (with index), 1987

Fourth Edition, 1988

Fifth Edition, 1988

Sixth Edition, 1988

Seventh (Special Limited Inaugural) Edition, 1989

Eighth (Special Military) Edition, 1989

Ninth (Limited Eastern European) Edition, 1990

Tenth (Special Boy Scout) Edition, 1990

Eleventh (Special Girl Scout) Edition, 1990

Twelfth Edition (with Declaration of Independence), 1990

Thirteenth Edition, 1991

Fourteenth (HMS Rose/Bill of Rights Tour) Edition, 1991

Fifteenth Edition, 1991

Sixteenth (Seville Expo ’92) Edition, 1992

Seventeenth (Seville Expo ’92, Spanish) Edition, 1992

Eighteenth (with Twenty-Seventh Amendment)Edition, 1992

Nineteenth (Reprint) 1997

Twentieth (Reprint) 2000

Twenty-First (Reprint) 2003

Twenty-Second (Reprint) 2006

Twenty-Third (Reprint) 2007

Twenty-Fourth (Reprint) 2009


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CONSTITUTION OF THE UNITED STATES

We the People of the United States, in Orderto form a more perfect Union, establish Justice,insure domestic Tranquility, provide for thecommon defence, promote the general Welfare,and secure the Blessings of Liberty to ourselves andour Posterity, do ordain and establish thisConstitution for the United States of America.

Article. I.

Section. 1. All legislative Powers herein granted shall be vested in a Congress of the UnitedStates, which shall consist of a Senate and Houseof Representatives.

Section. 2. The House of Representatives shallbe composed of Members chosen every secondYear by the People of the several States, and theElectors in each State shall have the Qualificationsrequisite for Electors of the most numerous Branchof the State Legislature.

No Person shall be a Representative who shallnot have attained to the Age of twenty five Years,and been seven Years a Citizen of the UnitedStates, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.

[Representatives and direct Taxes shall be apportioned among the several States which maybe included within this Union, according to theirrespective Numbers, which shall be determinedby adding to the whole Number of free Persons,including those bound to Service for a Term ofYears, and excluding Indians not taxed, three fifthsof all other Persons.]* The actual Enumeration

*Changed by section 2 of the Fourteenth Amendment.


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shall be made within three Years after the firstMeeting of the Congress of the United States, andwithin every subsequent Term of ten Years, in suchManner as they shall by Law direct. The numberof Representatives shall not exceed one for everythirty Thousand, but each State shall have at Leastone Representative; and until such enumerationshall be made, the State of New Hampshire shallbe 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 Carolinafive, and Georgia three.

When vacancies happen in the Representationfrom any State, the Executive Authority thereofshall issue Writs of Election to fill such Vacancies.

The House of Representatives shall chuse theirSpeaker and other Officers; and shall have the solePower of Impeachment.

Section. 3. The Senate of the United Statesshall be composed of two Senators from each State,[chosen by the Legislature thereof,]* for six Years;and each Senator shall have one Vote.

Immediately after they shall be assembled inConsequence of the first Election, they shall bedivided as equally as may be into three Classes.The Seats of the Senators of the first Class shallbe vacated at the Expiration of the second Year, ofthe second Class at the Expiration of the fourthYear, and of the third Class at the Expiration of thesixth Year, so that one third may be chosen everysecond Year; [and if Vacancies happen by Resig-nation, or otherwise, during the Recess of theLegislature of any State, the Executive thereof maymake temporary Appointments until the next

*Changed by the Seventeenth Amendment.


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Meeting of the Legislature, which shall then fillsuch Vacancies.]*

No Person shall be a Senator who shall nothave attained to the Age of thirty Years, and beennine Years a Citizen of the United States, and whoshall not, when elected, be an Inhabitant of thatState for which he shall be chosen.

The Vice President of the United States shall bePresident of the Senate, but shall have no Vote,unless they be equally divided.

The Senate shall chuse their other Officers,and also a President pro tempore, in the Absenceof the Vice President, or when he shall exercise theOffice of President of the United States.

The Senate shall have the sole Power to try allImpeachments. When sitting for that Purpose, theyshall be on Oath or Affirmation. When the Presi-dent of the United States is tried, the Chief Justiceshall preside: And no Person shall be convictedwithout the Concurrence of two thirds of theMembers present.

Judgment in Cases of Impeachment shall notextend further than to removal from Office, anddisqualification to hold and enjoy any Office ofhonor, Trust or Profit under the United States: butthe Party convicted shall nevertheless be liable andsubject to Indictment, Trial, Judgment andPunishment, according to Law.

Section. 4. The Times, Places and Manner ofholding Elections for Senators and Representatives,shall be prescribed in each State by the Legisla-ture thereof; but the Congress may at any time byLaw make or alter such Regulations, except as tothe Places of chusing Senators.

The Congress shall assemble at least once inevery Year, and such Meeting shall be [on the first

*Changed by the Seventeenth Amendment.


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Monday in December,]* unless they shall by Lawappoint a different Day.

Section. 5. Each House shall be the Judge ofthe Elections, Returns and Qualifications of its ownMembers, and a Majority of each shall constitutea Quorum to do Business; but a smaller Numbermay adjourn from day to day, and may be author-ized to compel the Attendance of absent Members,in such Manner, and under such Penalties as eachHouse may provide.

Each House may determine the Rules of itsProceedings, punish its Members for disorderlyBehaviour, and, with the Concurrence of twothirds, expel a Member.

Each House shall keep a Journal of its Proceed-ings, and from time to time publish the same,excepting such Parts as may in their Judgmentrequire Secrecy; and the Yeas and Nays of theMembers of either House on any question shall,at the Desire of one fifth of those Present, beentered on the Journal.

Neither House, during the Session of Con-gress, shall, without the Consent of the other,adjourn for more than three days, nor to any otherPlace than that in which the two Houses shall besitting.

Section. 6. The Senators and Representativesshall receive a Compensation for their Services, tobe ascertained by Law, and paid out of the Treas-ury of the United States. They shall in all Cases,except Treason, Felony and Breach of the Peace,be privileged from Arrest during their Attendanceat the Session of their respective Houses, and ingoing to and returning from the same; and for anySpeech or Debate in either House, they shall notbe questioned in any other Place.

No Senator or Representative shall, during theTime for which he was elected, be appointed to

*Changed by section 2 of the Twentieth Amendment.


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any civil Office under the Authority of the UnitedStates, which shall have been created, or theEmoluments whereof shall have been encreasedduring such time; and no Person holding anyOffice under the United States, shall be aMember of either House during his Continuance inOffice.

Section. 7. All Bills for raising Revenue shall originate in the House of Representatives; but theSenate may propose or concur with Amendmentsas on other Bills.

Every Bill which shall have passed the Houseof Representatives and the Senate, shall, before itbecomes a Law, be presented to the President ofthe United States; If he approve he shall sign it,but if not he shall return it, with his Objectionsto that House in which it shall have originated,who shall enter the Objections at large on theirJournal, and proceed to reconsider it. If after suchReconsideration two thirds of that House shallagree to pass the Bill, it shall be sent, together withthe Objections, to the other House, by which itshall likewise be reconsidered, and if approved bytwo thirds of that House, it shall become a Law.But in all such Cases the Votes of both Houses shallbe determined by yeas and Nays, and the Namesof the Persons voting for and against the Bill shallbe entered on the Journal of each House respec-tively. If any Bill shall not be returned by the Pres-ident within ten Days (Sundays excepted) after itshall have been presented to him, the Same shallbe a Law, in like Manner as if he had signed it,unless the Congress by their Adjournment preventits Return, in which Case it shall not be a Law.

Every Order, Resolution, or Vote to which the Concurrence of the Senate and House ofRepresentatives may be necessary (except on aquestion of Adjournment) shall be presented to


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the President of the United States; and before theSame shall take Effect, shall be approved by him,or being disapproved by him, shall be repassed bytwo thirds of the Senate and House of Represent-atives, according to the Rules and Limitationsprescribed in the Case of a Bill.

Section. 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises,to pay the Debts and provide for the commonDefence and general Welfare of the United States;but all Duties, Imposts and Excises shall beuniform throughout the United States;

To borrow Money on the credit of the UnitedStates;

To regulate Commerce with foreign Nations,and among the several States, and with theIndian Tribes;

To establish an uniform Rule of Naturalization,and uniform Laws on the subject of Bankruptciesthroughout the United States;

To coin Money, regulate the Value thereof, andof foreign Coin, and fix the Standard of Weightsand Measures;

To provide for the Punishment of counterfeit-ing the Securities and current Coin of the UnitedStates;

To establish Post Offices and post Roads;To promote the Progress of Science and

useful Arts, by securing for limited Times toAuthors and Inventors the exclusive Right to theirrespective Writings and Discoveries;

To constitute Tribunals inferior to the supremeCourt;

To define and punish Piracies and Feloniescommitted on the high Seas, and Offenses againstthe Law of Nations;

To declare War, grant Letters of Marque andReprisal, and make Rules concerning Captures onLand and Water;


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To raise and support Armies, but no Appropri-ation of Money to that Use shall be for a longerTerm than two Years;

To provide and maintain a Navy;To make Rules for the Government and Regu-

lation of the land and naval Forces;To provide for calling forth the Militia to exe-

cute the Laws of the Union, suppress Insurrectionsand repel Invasions;

To provide for organizing, arming, and disci-plining, the Militia, and for governing such Partof them as may be employed in the Service ofthe United States, reserving to the States respec-tively, the Appointment of the Officers, and theAuthority of training the Militia according to thediscipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding tenMiles square) as may, by Cession of particularStates, and the Acceptance of Congress, becomethe Seat of the Government of the United States,and to exercise like Authority over all Places pur-chased by the Consent of the Legislature of theState in which the Same shall be, for the Erectionof Forts, Magazines, Arsenals, dock-Yards and otherneedful Buildings;—And

To make all Laws which shall be necessary andproper for carrying into Execution the foregoingPowers, and all other Powers vested by thisConstitution in the Government of the UnitedStates or in any Department or Officer thereof.

Section. 9. The Migration or Importation of such Persons as any of the States now existing shallthink proper to admit, shall not be prohibited bythe Congress prior to the Year one thousand eighthundred and eight, but a Tax or duty may beimposed on such Importation, not exceeding tendollars for each Person.


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The Privilege of the Writ of Habeas Corpusshall not be suspended, unless when in Cases ofRebellion or Invasion the public Safety may requireit.

No Bill of Attainder or ex post facto Law shallbe passed.

No Capitation, or other direct, Tax shall be laid,unless in Proportion to the Census or Enumera-tion herein before directed to be taken.*

No Tax or Duty shall be laid on Articlesexported from any State.

No Preference shall be given by any Regula-tion of Commerce or Revenue to the Ports of oneState over those of another: nor shall Vesselsbound to, or from, one State, be obliged to enter,clear, or pay Duties in another.

No Money shall be drawn from the Treasury,but in Consequence of Appropriations made byLaw; and a regular Statement and Account of theReceipts and Expenditures of all public Moneyshall be published from time to time.

No Title of Nobility shall be granted by theUnited States: And no Person holding any Officeof Profit or Trust under them, shall, without theConsent of the Congress, accept of any present,Emolument, Office, or Title, of any kind whatever,from any King, Prince, or foreign State.

Section. 10. No State shall enter into anyTreaty, Alliance, or Confederation; grant Letters ofMarque and Reprisal; coin Money; emit Bills ofCredit; make any Thing but gold and silver Coina Tender in Payment of Debts; pass any Bill ofAttainder, ex post facto Law, or Law impairing theObligation of Contracts, or grant any Title ofNobility.

No State shall, without the Consent of theCongress, lay any Imposts or Duties on Importsor Exports, except what may be absolutely neces-sary for executing it’s inspection Laws: and the netProduce of all Duties and Imposts, laid by any State*See Sixteenth Amendment.


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on Imports or Exports, shall be for the Use of theTreasury of the United States; and all such Lawsshall be subject to the Revision and Controul of theCongress.

No State shall, without the Consent of Con-gress, lay any Duty of Tonnage, keep Troops, orShips of War in time of Peace, enter into any Agree-ment or Compact with another State, or with aforeign Power, or engage in War, unless actuallyinvaded, or in such imminent Danger as will notadmit of delay.

Article. II.

Section. 1. The executive Power shall bevested in a President of the United States ofAmerica. He shall hold his Office during the Termof four Years, and, together with the Vice President,chosen for the same Term, be elected, as follows

Each State shall appoint, in such Manner asthe Legislature thereof may direct, a Number ofElectors, equal to the whole Number of Senatorsand Representatives to which the State may beentitled in the Congress: but no Senator orRepresentative, or Person holding an Office ofTrust or Profit under the United States, shall beappointed an Elector.

[The Electors shall meet in their respectiveStates, and vote by Ballot for two Persons, of whomone at least shall not be an Inhabitant of the sameState with themselves. And they shall make a Listof all the Persons voted for, and of the Number ofVotes for each; which List they shall sign and cer-tify, and transmit sealed to the Seat of the Govern-ment of the United States, directed to the Presidentof the Senate. The President of the Senate shall,in the Presence of the Senate and House ofRepresentatives, open all the Certificates, and theVotes shall then be counted. The Person having thegreatest Number of Votes shall be the President,


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if such Number be a Majority of the wholeNumber of Electors appointed; and if there be morethan one who have such Majority, and have anequal Number of Votes, then the House ofRepresentatives shall immediately chuse by Ballotone of them for President; and if no Person have aMajority, then from the five highest on the Listthe said House shall in like Manner chuse thePresident. But in chusing the President, the Votesshall be taken by States, the Representation fromeach State having one Vote; A quorum for this Pur-pose shall consist of a Member or Members fromtwo thirds of the States, and a Majority of all theStates shall be necessary to a Choice. In everyCase, after the Choice of the President, the Personhaving the greatest Number of Votes of the Electorsshall be the Vice President. But if there shouldremain two or more who have equal Votes, theSenate shall chuse from them by Ballot the VicePresident.]*

The Congress may determine the Time of chusing the Electors, and the Day on which theyshall give their Votes; which Day shall be the samethroughout the United States.

No Person except a natural born Citizen, or a Citizen of the United States, at the time of theAdoption of this Constitution, shall be eligible tothe Office of President; neither shall any personbe eligible to that Office who shall not haveattained to the Age of thirty five Years, and beenfourteen Years a Resident within the United States.

[In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability todischarge the Powers and Duties of the said Office,the Same shall devolve on the Vice President, andthe Congress may by Law provide for the Case

*Changed by the Twelfth Amendment.


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of Removal, Death, Resignation or Inability,both of the President and Vice President, declaringwhat Officer shall then act as President, and suchOfficer shall act accordingly, until the Disa-bility be removed, or a President shall be elected.]*

The President shall, at stated Times, receive for his Services, a Compensation, which shall neitherbe increased nor diminished during the Period forwhich he shall have been elected, and he shall notreceive within that Period any other Emolumentfrom the United States, or any of them.

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 faithfullyexecute the Office of President of the United States,and will to the best of my Ability, preserve, pro-tect and defend the Constitution of the UnitedStates.”

Section. 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, whencalled into the actual Service of the United States;he may require the Opinion, in writing, of the prin-cipal Officer in each of the executive Departments,upon any Subject relating to the Duties of theirrespective Offices, and he shall have Power to grantReprieves and Pardons for Offenses against theUnited States, except in Cases of Impeachment.

He shall have Power, by and with the Adviceand Consent of the Senate, to make Treaties,provided two thirds of the Senators present con-cur; and he shall nominate, and by and with theAdvice and Consent of the Senate, shall appointAmbassadors, other public Ministers and Consuls,Judges of the supreme Court, and all other Officersof the United States, whose Appointments are not

*Changed by the Twenty-Fifth Amendment.


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herein otherwise provided for, and which shall beestablished by Law: but the Congress may by Lawvest the Appointment of such inferior Officers, asthey think proper, in the President alone, in theCourts of Law, or in the Heads of Departments.

The President shall have Power to fill up allVacancies that may happen during the Recess ofthe Senate, by granting Commissions which shallexpire at the End of their next Session.

Section. 3. He shall from time to time give tothe Congress Information of the State of the Union, and recommend to their Considerationsuch Measures as he shall judge necessary andexpedient; he may, on extraordinary Occasions,convene both Houses, or either of them, and inCase of Disagreement between them, with Respectto the Time of Adjournment, he may adjourn themto such Time as he shall think proper; he shallreceive Ambassadors and other public Ministers;he shall take Care that the Laws be faithfullyexecuted, and shall Commission all the Officers ofthe United States.

Section. 4. The President, Vice President andall civil Officers of the United States, shall beremoved from Office on Impeachment for, andConviction of, Treason, Bribery, or other highCrimes and Misdemeanors.

Article. III.

Section. 1. The judicial Power of the United States, shall be vested in one supreme Court, andin such inferior Courts as the Congress may fromtime to time ordain and establish. The Judges, bothof the supreme and inferior Courts, shall holdtheir Offices during good Behaviour, and shall, atstated Times, receive for their Services, a Compen-sation, which shall not be diminished during theirContinuance in Office.


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Section. 2. The judicial Power shall extend toall Cases, in Law and Equity, arising under thisConstitution, the Laws of the United States, andTreaties made, or which shall be made, under theirAuthority;—to all Cases affecting Ambassadors,other public Ministers and Consuls;—to all Casesof admiralty and maritime Jurisdiction;—to Con-troversies to which the United States shall be aParty;—to Controversies between two or moreStates;—[between a State and Citizens of anotherState;—]* between Citizens of different States,—between Citizens of the same State claiming Landsunder Grants of different States, [and between aState, or the Citizens thereof, and foreign States,Citizens or Subjects.]*

In all Cases affecting Ambassadors, other pub-lic Ministers and Consuls, and those in which aState shall be Party, the supreme Court shall haveoriginal Jurisdiction. In all the other Cases beforementioned, the supreme Court shall have appel-late Jurisdiction, both as to Law and Fact, with suchExceptions, and under such Regulations as theCongress shall make.

The Trial of all Crimes, except in Cases ofImpeachment; shall be by Jury; and such Trial shallbe held in the State where the said Crimes shallhave been committed; but when not committedwithin any State, the Trial shall be at such Placeor Places as the Congress may by Law havedirected.

Section. 3. Treason against the United States,shall consist only in levying War against them, orin adhering to their Enemies, giving them Aid andComfort. No Person shall be convicted of Treasonunless on the Testimony of two Witnesses to thesame overt Act, or on Confession in open Court.

The Congress shall have Power to declare thePunishment of Treason, but no Attainder ofTreason shall work Corruption of Blood, orForfeiture except during the Life of the Personattainted.

*Changed by the Eleventh Amendment.


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Article. IV.

Section. 1. Full Faith and Credit shall be givenin each State to the public Acts, Records, andjudicial Proceedings of every other State; And theCongress may by general Laws prescribe theManner in which such Acts, Records andProceedings shall be proved, and the Effect thereof.

Section. 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizensin the several States.

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 Demandof the executive Authority of the State from whichhe fled, be delivered up, to be removed to the Statehaving Jurisdiction of the Crime.

[No Person held to Service or Labour in one State, under the Laws thereof, escaping intoanother, shall, in Consequence of any Law orRegulation therein, be discharged from such Serv-ice or Labour, but shall be delivered up on Claimof the Party to whom such Service or Labour maybe due.]*

Section. 3. New States may be admitted by the Congress into this Union; but no new State shallbe formed or erected within the Jurisdiction of anyother State; nor any State be formed by the Junc-tion of two or more States, or Parts of States,without the Consent of the Legislatures of theStates concerned as well as of the Congress.

The Congress shall have Power to dispose of and make all needful Rules and Regulationsrespecting the Territory or other Property belong-ing to the United States; and nothing in this Con-stitution shall be so construed as to Prejudice any

*Changed by the Thirteenth Amendment.


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Claims of the United States, or of any particularState.

Section. 4. The United States shall guaranteeto every State in this Union a Republican Form ofGovernment, and shall protect each of them againstInvasion; and on Application of the Legislature, orof the Executive (when the Legislature cannot beconvened) against domestic Violence.

Article. V.

The Congress, whenever two thirds of bothHouses shall deem it necessary, shall proposeAmendments to this Constitution, or, on theApplication of the Legislatures of two thirds of theseveral States, shall call a Convention for proposingAmendments, which, in either Case, shall be validto all Intents and Purposes, as Part of thisConstitution, when ratified by the Legislatures ofthree fourths of the several States, or by Conven-tions in three fourths thereof, as the one or theother Mode of Ratification may be proposed by theCongress; Provided that no Amendment whichmay be made prior to the Year One thousand eighthundred and eight shall in any Manner affect thefirst and fourth Clauses in the Ninth Section of thefirst Article; and that no State, without its Consent,shall be deprived of it’s equal Suffrage in theSenate.

Article. VI.

All Debts contracted and Engagements enteredinto, before the Adoption of this Constitution, shallbe as valid against the United States under thisConstitution, as under the Confederation.

This Constitution, and the Laws of the UnitedStates which shall be made in Pursuance thereof;and all Treaties made, or which shall be made,


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under the Authority of the United States, shall bethe supreme Law of the Land; and the Judges inevery State shall be bound thereby, any Thing inthe Constitution or Laws of any State to theContrary notwithstanding.

The Senators and Representatives before men-tioned, and the Members of the several State Legis-latures, and all executive and judicial Officers, bothof the United States and of the several States, shallbe bound by Oath or Affirmation, to support thisConstitution; but no religious Test shall ever berequired as a Qualification to any Office or publicTrust under the United States.

Article. VII.The Ratification of the Conventions of nine

States, shall be sufficient for the Establishment ofthis Constitution between the States so ratifyingthe Same.

done in Convention by the Unanimous Con-sent of the States present the Seventeenth Day ofSeptember in the Year of our Lord one thousandseven hundred and Eighty seven and of theIndependence of the United States of America theTwelfth In Witness whereof We have hereuntosubscribed our Names,

G. Washington—Presid.and deputy from Virginia

New Hampshire John LangdonNicholas Gilman

Massachusetts Nathaniel GorhamRufus King

Connecticut Wm. Saml. JohnsonRoger Sherman

t°


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New York Alexander Hamilton

New Jersey Wil: LivingstonDavid BrearleyWm. PatersonJona: Dayton

Pennsylvania B FranklinThomas MifflinRobt MorrisGeo. ClymerThos. FitzSimonsJared IngersollJames WilsonGouv Morris

Delaware Geo: ReadGunning Bedford junJohn DickinsonRichard BassettJaco: Broom

Maryland James McHenryDan of St Thos. JeniferDanl Carroll

Virginia John Blair—James Madison Jr.

North Carolina Wm. BlountRichd. Dobbs SpaightHu Williamson

South Carolina J. RutledgeCharles Cotesworth PinckneyCharles PinckneyPierce Butler

Georgia William FewAbr Baldwin

Attest William Jackson Secretary


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In Convention MondaySeptember 17th 1787.

PresentThe States of

New Hampshire, Massachusetts, Connecticut, Mr. Hamilton from New York, New Jersey,Pennsylvania, Delaware, Maryland, Virginia,North Carolina, South Carolina and Georgia.

Resolved,That the preceeding Constitution be laid

before the United States in Congress assembled,and that it is the Opinion of this Convention, that itshould afterwards be submitted to a Conventionof Delegates, chosen in each State by the Peoplethereof, under the Recommendation of its Legis-lature, for their Assent and Ratification; and thateach Convention assenting to, and ratifying theSame, should give Notice thereof to the UnitedStates in Congress assembled. Resolved, That itis the Opinion of this Convention, that as soon asthe Conventions of nine States shall have ratifiedthis Constitution, the United States in Congressassembled should fix a Day on which Electorsshould be appointed by the States which shall haveratified the same, and a Day on which theElectors should assemble to vote for the President,and the Time and Place for commencingProceedings under this Constitution.


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That after such Publication the Electors shouldbe appointed, and the Senators and Representa-tives elected: That the Electors should meet on theDay fixed for the Election of the President, andshould transmit their Votes certified, signed, sealedand directed, as the Constitution requires, to theSecretary of the United States in Congress assem-bled, that the Senators and Representatives shouldconvene at the Time and Place assigned; that theSenators should appoint a President of the Senate,for the sole Purpose of receiving, opening andcounting the Votes for President; and, that afterhe shall be chosen, the Congress, together withthe President, should, without Delay, proceed toexecute this Constitution.

By the unanimous Order of the Convention

G. WASHINGTON—Presid.

W. JACKSON Secretary.

° t


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*Congress OF THE United Statesbegun and held at the City of New-York,

on Wednesday the fourth of March,one thousand seven hundred and eighty nine

THE Conventions of a number of the States,having at the time of their adopting theConstitution, expressed a desire, in order toprevent misconstruction or abuse of its powers,that further declaratory and restrictive clausesshould be added: And as extending the groundof public confidence in the Government, will bestensure the beneficent ends of its institution:

RESOLVED by the Senate and House ofRepresentatives of the United States of America,in Congress assembled, two thirds of both Housesconcurring, that the following Articles be proposedto the Legislatures of the several States, asAmendments to the Constitution of the UnitedStates, all or any of which Articles, when ratifiedby three fourths of the said Legislatures, to be validto all intents and purposes, as part of the saidConstitution; viz.t.

ARTICLES in addition to, and Amendment ofthe Constitution of the United States of America,proposed by Congress, and ratified by theLegislatures of the several States, pursuant to thefifth Article of the original Constitution. . . .

FREDERICK AUGUSTUS MUHLENBERGSpeaker of the House of Representatives.JOHN ADAMS, Vice-President of the United States,

and President of the Senate.

ATTEST,JOHN BECKLEY, Clerk of the House of Representatives.SAM. A. OTIS, Secretary of the Senate.

* On September 25, 1789, Congress transmitted to thestate legislatures twelve proposed amendments, two ofwhich, having to do with Congressional representationand Congressional pay, were not adopted. Theremaining ten amendments became the Bill of Rights.


21

AMENDMENTSTO THE CONSTITUTION

OF THEUNITED STATES OF AMERICA

Amendment I.*

Congress shall make no law respecting anestablishment of religion, or prohibiting the freeexercise thereof; or abridging the freedom ofspeech, or of the press, or the right of the peoplepeaceably to assemble, and to petition theGovernment for a redress of grievances.

Amendment II.

A well regulated Militia, being necessary to the security of a free State, the right of the peopleto keep and bear Arms, shall not be infringed.

Amendment III.

No Soldier shall, in time of peace bequartered in any house, without the consent ofthe Owner, nor in time of war, but in a mannerto be prescribed by law.

*The first ten Amendments (Bill of Rights) were ratifiedeffective December 15, 1791.


22

Amendment IV.

The right of the people to be secure in theirpersons, houses, papers, and effects, againstunreasonable searches and seizures, shall not beviolated, and no Warrants shall issue, but uponprobable cause, supported by Oath or affirmation,and particularly describing the place to besearched, and the persons or things to be seized.

Amendment V.

No person shall be held to answer for acapital, or otherwise infamous crime, unless on apresentment or indictment of a Grand Jury, exceptin cases arising in the land or naval forces, or inthe Militia, when in actual service in time of Waror public danger; nor shall any person be subjectfor the same offence to be twice put in jeopardyof life or limb, nor shall be compelled in any crimi-nal case to be a witness against himself, nor bedeprived of life, liberty, or property, without dueprocess of law; nor shall private property be takenfor public use without just compensation.

Amendment VI.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by animpartial jury of the State and district wherein thecrime shall have been committed; which districtshall have been previously ascertained by law, andto be informed of the nature and cause of theaccusation; to be confronted with the witnessesagainst him; to have compulsory process forobtaining witnesses in his favor, and to have theassistance of counsel for his defence.


23

Amendment VII.

In Suits at common law, where the value incontroversy shall exceed twenty dollars, the rightof trial by jury shall be preserved, and no fact triedby a jury shall be otherwise re-examined in anyCourt of the United States, than according to therules of the common law.

Amendment VIII.

Excessive bail shall not be required, nor exces-sive fines imposed, nor cruel and unusual punish-ments inflicted.

Amendment IX.

The enumeration in the Constitution of certain rights shall not be construed to deny or disparageothers retained by the people.

Amendment X.

The powers not delegated to the United States by the Constitution, nor prohibited by it to theStates, are reserved to the States respectively, orto the people.

Amendment XI.*

The Judicial power of the United States shallnot be construed to extend to any suit in law orequity, commenced or prosecuted against one of

*The Eleventh Amendment was ratified February 7, 1795.


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the United States by Citizens of another State, orby Citizens or Subjects of any Foreign State.

Amendment XII.*

The Electors shall meet in their respectivestates, and vote by ballot for President and VicePresident, one of whom, at least, shall not be aninhabitant of the same state with themselves; theyshall name in their ballots the person voted for asPresident, and in distinct ballots the person votedfor as Vice-President, and they shall make distinctlists of all persons voted for as President, and ofall persons voted for as Vice-President, and of thenumber of votes for each, which lists they shallsign and certify, and transmit sealed to the seat ofthe government of the United States, directed tothe President of the Senate;—The President of theSenate shall, in the presence of the Senate andHouse of Representatives, open all the certificatesand the votes shall then be counted;—The personhaving the greatest number of votes for President,shall be the President, if such number be a majorityof the whole number of Electors appointed; andif no person have such majority, then from the per-sons having the highest numbers not exceedingthree on the list of those voted for as President,the House of Representatives shall choose immedi-ately, by ballot, the President. But in choosing thePresident, the votes shall be taken by states, therepresentation from each state having one vote; aquorum for this purpose shall consist of a mem-ber or members from two-thirds of the states, anda majority of all the states shall be necessary to achoice. [And if the House of Representatives shallnot choose a President whenever the right ofchoice shall devolve upon them, before the fourth

*The Twelfth Amendment was ratified June 15, 1804.


25

day of March next following, then the VicePresident shall act as President, as in the case ofthe death or other constitutional disability of thePresident—-]* The person having the greatestnumber of votes as Vice-President, shall be theVice-President, if such number be a majority of thewhole number of Electors appointed, and if no per-son have a majority, then from the two highestnumbers on the list, the Senate shall choose theVice-President; a quorum for the purpose shallconsist of two-thirds of the whole number ofSenators, and a majority of the whole number shallbe necessary to a choice. But no person constitu-tionally ineligible to the office of President shallbe eligible to that of Vice-President of the UnitedStates.

Amendment XIII.**

Section 1. Neither slavery nor involuntaryservitude, except as a punishment for crimewhereof the party shall have been duly convicted,shall exist within the United States, or any placesubject to their jurisdiction.

Section 2. Congress shall have power toenforce this article by appropriate legislation.

Amendment XIV.***

Section 1. All persons born or naturalized inthe United States and subject to the jurisdictionthereof, are citizens of the United States and of theState wherein they reside. No State shall make orenforce any law which shall abridge the privileges

* Superseded by section 3 of the Twentieth Amend-ment.

** The Thirteenth Amendment was ratified December 6,1865.

*** The Fourteenth Amendment was ratified July 9, 1868.


26

or immunities of citizens of the United States; norshall any State deprive any person of life, liberty, orproperty, without due process of law; nor denyto any person within its jurisdiction the equalprotection of the laws.

Section 2. Representatives shall be appor-tioned among the several States according to theirrespective numbers, counting the whole numberof persons in each State, excluding Indians nottaxed. But when the right to vote at any electionfor the choice of electors for President and VicePresident of the United States, Representatives inCongress, the Executive and Judicial officers of aState, or the members of the Legislature thereof,is denied to any of the male inhabitants of suchState, being twenty-one years of age, and citizensof the United States, or in any way abridged, ex-cept for participation in rebellion, or other crime,the basis of representation therein shall be reducedin the proportion which the number of such malecitizens shall bear to the whole number of malecitizens twenty-one years of age in such State.

Section 3. No person shall be a Senator orRepresentative in Congress, or elector of Presidentand Vice President, or hold any office, civil or mili-tary, under the United States, or under any State,who, having previously taken an oath, as a mem-ber of Congress, or as an officer of the UnitedStates, or as a member of any State legislature, oras an executive or judicial officer of any State, tosupport the Constitution of the United States, shallhave engaged in insurrection or rebellion againstthe same, or given aid or comfort to the enemiesthereof. But Congress may by a vote of two-thirdsof each House, remove such disability.

Section 4. The validity of the public debt of theUnited States, authorized by law, including debtsincurred for payment of pensions and bounties forservices in suppressing insurrection or rebellion,shall not be questioned. But neither the United


27

States nor any State shall assume or pay any debtor obligation incurred in aid of insurrection orrebellion against the United States, or any claim forthe loss or emancipation of any slave; but all suchdebts, obligations and claims shall be held illegaland void.

Section 5. The Congress shall have power toenforce, by appropriate legislation, the provisionsof this article.

Amendment XV.*

Section 1. The right of citizens of the United States to vote shall not be denied or abridged bythe United States or by any State on account ofrace, color, or previous condition of servitude.

Section 2. The Congress shall have power toenforce this article by appropriate legislation.

Amendment XVI.**

The Congress shall have power to lay andcollect taxes on incomes, from whatever sourcederived, without apportionment among theseveral States, and without regard to any census orenumeration.

Amendment XVII.***

The Senate of the United States shall be com-posed of two Senators from each State, elected bythe people thereof, for six years; and each Sena-tor shall have one vote. The electors in each Stateshall have the qualifications requisite for electors

* The Fifteenth Amendment was ratified February 3, 1870. ** The Sixteenth Amendment was ratified February 3, 1913.

*** The Seventeenth Amendment was ratified April 8, 1913.


28

of the most numerous branch of the State legisla-tures.

When vacancies happen in the representationof any State in the Senate, the executive authorityof such State shall issue writs of election to fill suchvacancies: Provided, That the legislature of any Statemay empower the executive thereof to maketemporary appointments until the people fill thevacancies by election as the legislature may direct.

This amendment shall not be so construed asto affect the election or term of any Senatorchosen before it becomes valid as part of theConstitution.

Amendment XVIII.*

[Section 1. After one year from the ratificationof this article the manufacture, sale, or transpor-tation of intoxicating liquors within, the importa-tion thereof into, or the exportation thereof fromthe United States and all territory subject to thejurisdiction thereof for beverage purposes ishereby prohibited.

Section 2. The Congress and the several States shall have concurrent power to enforce this articleby appropriate legislation.

Section 3. This article shall be inoperative unless it shall have been ratified as an amendmentto the Constitution by the legislatures of the severalStates, as provided in the Constitution, withinseven years from the date of the submissionhereof to the States by the Congress.]

*The Eighteenth Amendment was ratified January 16, 1919. It was repealed by the Twenty-First Amendment,December 5, 1933.


29

Amendment XIX.*

The right of citizens of the United States to voteshall not be denied or abridged by the UnitedStates or by any State on account of sex.

Congress shall have power to enforce thisarticle by appropriate legislation.

Amendment XX.**

Section 1. The terms of the President and Vice President shall end at noon on the 20th day ofJanuary, and the terms of Senators and Represent-atives at noon on the 3d day of January, of the yearsin which such terms would have ended if thisarticle had not been ratified; and the terms of theirsuccessors shall then begin.

Section 2. The Congress shall assemble at leastonce in every year, and such meeting shall beginat noon on the 3d day of January, unless they shallby law appoint a different day.

Section 3. If, at the time fixed for the begin-ning of the term of the President, the Presidentelect shall have died, the Vice President elect shallbecome President. If a President shall not havebeen chosen before the time fixed for the begin-ning of his term, or if the President elect shall havefailed to qualify, then the Vice President elect shallact as President until a President shall have quali-fied; and the Congress may by law provide for thecase wherein neither a President elect nor a VicePresident elect shall have qualified, declaring whoshall then act as President, or the manner inwhich one who is to act shall be selected, and such

*The Nineteenth Amendment was ratified August 18,1920.**The Twentieth Amendment was ratified January 23,1933.


30

person shall act accordingly until a President orVice President shall have qualified.

Section 4. The Congress may by law providefor the case of the death of any of the persons fromwhom the House of Representatives may choosea President whenever the right of choice shall havedevolved upon them, and for the case of the deathof any of the persons from whom the Senate maychoose a Vice President whenever the right ofchoice shall have devolved upon them.

Section 5. Sections 1 and 2 shall take effect onthe 15th day of October following the ratificationof this article.

Section 6. This article shall be inoperativeunless it shall have been ratified as an amendmentto the Constitution by the legislatures of three-fourths of the several States within seven yearsfrom the date of its submission.

Amendment XXI.*

Section 1. The eighteenth article of amend-ment to the Constitution of the United States ishereby repealed.

Section 2. The transportation or importa-tion into any State, Territory, or possession of theUnited States for delivery or use therein of intox-icating liquors, in violation of the laws thereof, ishereby prohibited.

Section 3. This article shall be inoperativeunless it shall have been ratified as an amendmentto the Constitution by conventions in the severalStates, as provided in the Constitution, withinseven years from the date of the submission hereofto the States by the Congress.

*The Twenty-First Amendment was ratified Decem-ber 5, 1933.


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Amendment XXII.*

Section 1. No person shall be elected to theoffice of the President more than twice, and no per-son who has held the office of President, or actedas President, for more than two years of a term towhich some other person was elected Presidentshall be elected to the office of the President morethan once. But this Article shall not apply to anyperson holding the office of President when thisArticle was proposed by the Congress, and shallnot prevent any person who may be holding theoffice of President, or acting as President, duringthe term within which this Article becomes oper-ative from holding the office of President or act-ing as President during the remainder of suchterm.

Section 2. This article shall be inoperative un-less it shall have been ratified as an amendmentto the Constitution by the legislatures of three-fourths of the several States within seven yearsfrom the date of its submission to the States by theCongress.

Amendment XXIII.**Section 1. The District constituting the seat of

Government of the United States shall appoint insuch manner as the Congress may direct:

A number of electors of President and VicePresident equal to the whole number of Senatorsand Representatives in Congress to which the Dis-trict would be entitled if it were a State, but in noevent more than the least populous State; theyshall be in addition to those appointed by the

*The Twenty-Second Amendment was ratified Febru-ary 27, 1951.

**The Twenty-Third Amendment was ratified March 29, 1961.


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States, but they shall be considered, for the pur-poses of the election of President and Vice Presi-dent, to be electors appointed by a State; and theyshall meet in the District and perform such dutiesas provided by the twelfth article of amendment.

Section 2. The Congress shall have power to enforce this article by appropriate legislation.

Amendment XXIV.*

Section 1. The right of citizens of the United States to vote in any primary or other election forPresident or Vice President, for electors for Presi-dent or Vice President, or for Senator or Represen-tative in Congress, shall not be denied or abridgedby the United States or any State by reason offailure to pay any poll tax or other tax.


Amendment XXV.**

Section 1. In case of the removal of the Presi-dent from office or of his death or resignation, theVice President shall become President.

Section 2. Whenever there is a vacancy in theoffice of the Vice President, the President shallnominate a Vice President who shall take officeupon confirmation by a majority vote of bothHouses of Congress.

Section 3. Whenever the President transmitsto the President pro tempore of the Senate and theSpeaker of the House of Representatives his writ-

*The Twenty-Fourth Amendment was ratified January 23, 1964.

**The Twenty-Fifth Amendment was ratified February 10, 1967.


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ten declaration that he is unable to discharge thepowers and duties of his office, and until he trans-mits to them a written declaration to the contrary,such powers and duties shall be discharged by theVice President as Acting President.

Section 4. Whenever the Vice President anda majority of either the principal officers of the ex-ecutive departments or of such other body as Con-gress may by law provide, transmit to the Presi-dent pro tempore of the Senate and the Speakerof the House of Representatives their written decla-ration that the President is unable to discharge thepowers and duties of his office, the Vice Presidentshall immediately assume the powers and dutiesof the office as Acting President.

Thereafter, when the President transmits to thePresident pro tempore of the Senate and theSpeaker of the House of Representatives his writ-ten declaration that no inability exists, he shallresume the powers and duties of his office unless the Vice President and a majority of either the prin-cipal officers of the executive department or of suchother body as Congress may by law provide, trans-mit within four days to the President pro temporeof the Senate and the Speaker of the House ofRepresentatives their written declaration that thePresident is unable to discharge the powers andduties of his office. Thereupon Congress shall decide the issue, assembling within forty-eighthours for that purpose if not in session. If theCongress, within twenty-one days after receipt ofthe latter written declaration, or, if Congress is notin session, within twenty-one days after Congressis required to assemble, determines by two-thirdsvote of both Houses that the President is unable todischarge the powers and duties of his office, theVice President shall continue to discharge the sameas Acting President; otherwise, the President shallresume the powers and duties of his office.


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Amendment XXVI.*Section 1. The right of citizens of the United

States, who are eighteen years of age or older, tovote shall not be denied or abridged by the UnitedStates or by any State on account of age.


Amendment XXVII.**No law, varying the compensation for the

services of the Senators and Representatives, shalltake effect, until an election of Representatives shall have intervened.

*The Twenty-Sixth Amendment was ratified July 1, 1971.**Congress submitted the text of the Twenty-Seventh Amend-

ment to the States as part of the proposed Bill of Rights on September 25, 1789. The Amendment was not ratified together with the first ten Amendments, which becameeffective on December 15, 1791. The Twenty-Seventh Amendment was ratified on May 7, 1992, by the vote ofMichigan.


35

Appendix

THE DECLARATION OFINDEPENDENCE

Action of Second Continental Congress, July 4, 1776 The unanimous Declaration of the thirteen United States of America

WHEN in the Course of human Events, it becomes necessary for one People to dissolve thePolitical Bands which have connected them withanother, and to assume among the Powers of theEarth, the separate and equal Station to which theLaws of Nature and of Nature’s God entitle them,a decent Respect to the Opinions of Mankindrequires that they should declare the causes whichimpel them to the Separation.

WE hold these Truths to be self-evident, thatall Men are created equal, that they are endowedby their Creator with certain unalienable Rights,that among these are Life, Liberty, and the Pur-suit of Happiness—That to secure these Rights,Governments are instituted among Men, derivingtheir just Powers from the Consent of theGoverned, that whenever any Form of Govern-ment becomes destructive of these Ends, it is theRight of the People to alter or to abolish it, and toinstitute new Government, laying its Foundationon such Principles, and organizing its Powers insuch Form, as to them shall seem most likely toeffect their Safety and Happiness. Prudence, in-deed, will dictate that Governments long estab-lished should not be changed for light andtransient Causes; and accordingly all Experiencehath shewn, that Mankind are more disposed tosuffer, while Evils are sufferable, than to rightthemselves by abolishing the Forms to which theyare accustomed. But when a long Train of Abusesand Usurpations, pursuing invariably the sameObject, evinces a Design to reduce them under


36

absolute Despotism, it is their Right, it is theirDuty, to throw off such Government, and to pro-vide new Guards for their future Security. Suchhas been the patient Sufferance of these Colonies;and such is now the Necessity which constrainsthem to alter their former Systems of Government.The History of the present King of Great-Britainis a History of repeated Injuries and Usurpations,all having in direct Object the Establishment of anabsolute Tyranny over these States. To prove this, letFacts be submitted to a candid World.

HE has refused his Assent to Laws, the mostwholesome and necessary for the public Good.

HE has forbidden his Governors to pass Lawsof immediate and pressing Importance, unless sus-pended in their Operation till his Assent shouldbe obtained; and when so suspended, he hasutterly neglected to attend to them.

HE has refused to pass other Laws for the Accommodation of large Districts of People, unlessthose People would relinquish the Right of Repre-sentation in the Legislature, a Right inestimableto them, and formidable to Tyrants only.

HE has called together Legislative Bodies atPlaces unusual, uncomfortable, and distant fromthe Depository of their public Records, for the solePurpose of fatiguing them into Compliance withhis Measures.

HE has dissolved Representative Housesrepeatedly, for opposing with manly Firmness hisInvasions on the Rights of the People.

HE has refused for a long Time, after suchDissolutions, to cause others to be elected;whereby the Legislative Powers, incapable ofAnnihilation, have returned to the People at largefor their exercise; the State remaining in the meantime ex posed to all the Dangers of Invasion fromwithout, and Convulsions within.

HE has endeavoured to prevent the Popula-tion of these States; for that Purpose obstructing


37

the Laws for Naturalization of Foreigners;refusing to pass others to encourage theirMigrations hither, and raising the Conditions ofnew Appropriations of Lands.

HE has obstructed the Administration of Jus-tice, by refusing his Assent to Laws for establishingJudiciary Powers.

HE has made Judges dependent on his Willalone, for the Tenure of their Offices, and theAmount and Payment of their Salaries.

HE has erected a Multitude of new Offices,and sent hither Swarms of Officers to harrass ourPeople, and eat out their Substance.

HE has kept among us, in Times of PeaceStanding Armies, without the consent of ourLegislatures.

HE has affected to render the Military inde-pendent of and superior to the Civil Power.

HE has combined with others to subject us to aJurisdiction foreign to our Constitution, andunacknowledged by our Laws; giving his Assent totheir Acts of pretended Legislation:

FOR quartering large Bodies of Armed Troopsamong us:

FOR protecting them, by a mock Trial, fromPunishment for any Murders which they shouldcommit on the Inhabitants of these States:

FOR cutting off our Trade with all Parts of theWorld:

FOR imposing Taxes on us without ourConsent:

FOR depriving us, in many Cases, of theBenefits of Trial by Jury:

FOR transporting us beyond Seas to be tried forpretended Offences:

FOR abolishing the free System of EnglishLaws in a neighbouring Province, establishingtherein an arbitrary Government, and enlarging itsBoundaries, so as to render it at once an Example


38

and fit Instrument for introducing the sameabsolute Rule into these Colonies:

FOR taking away our Charters, abolishing ourmost valuable Laws, and altering fundamentallythe Forms of our Governments:

FOR suspending our own Legislatures, anddeclaring themselves invested with Power tolegislate for us in all Cases whatsoever.

HE has abdicated Government here, by declar-ing us out of his Protection and waging War againstus.

HE has plundered our Seas, ravaged ourCoasts, burnt our Towns, and destroyed the Livesof our People.

HE is, at this Time, transporting large Armiesof foreign Mercenaries to compleat the Works ofDeath, Desolation, and Tyranny, already begunwith circumstances of Cruelty and Perfidy, scarcelyparalleled in the most barbarous Ages, and totallyunworthy the Head of a civilized Nation.

HE has constrained our fellow Citizens takenCaptive on the high Seas to bear Arms against theirCountry, to become the Executioners of theirFriends and Brethren, or to fall themselves by theirHands.

HE has excited domestic Insurrectionsamongst us, and has endeavoured to bring on theInhabitants of our Frontiers, the merciless IndianSavages, whose known Rule of Warfare, is anundistinguished Destruction, of all Ages, Sexesand Conditions.

IN every stage of these Oppressions we havePetitioned for Redress in the most humble Terms:Our repeated Petitions have been answered onlyby repeated Injury. A Prince, whose Character isthus marked by every act which may define aTyrant, is unfit to be the Ruler of a free People.

NOR have we been wanting in Attentions toour British Brethren. We have warned them fromTime to Time of Attempts by their Legislature to


39

extend an unwarrantable Jurisdiction over us. Wehave reminded them of the Circumstances of ourEmigration and Settlement here. We have appealedto their native Justice and Magnanimity, and wehave conjured them by the Ties of our commonKindred to disavow these Usurpations, which,would inevitably interrupt our Connections andCorrespondence. They too have been deaf to theVoice of Justice and of Consanguinity. We must,therefore, acquiesce in the Necessity, whichdenounces our Separation, and hold them, as wehold the rest of Mankind, Enemies in War, inPeace, Friends.

WE, therefore, the Representatives of theUNITED STATES OF AMERICA, in GENERALCONGRESS, Assembled, appealing to the SupremeJudge of the World for the Rectitude of our Inten-tions, do, in the Name, and by Authority of thegood People of these Colonies, solemnly Publishand Declare, That these United Colonies are, andof Right ought to be, FREE AND INDEPENDENTSTATES; that they are absolved from all Allegiance tothe British Crown, and that all political Connectionbetween them and the State of Great-Britain,is and ought to be totally dissolved; and that asFREE AND INDEPENDENT STATES, they have fullPower to levy War, conclude Peace, contract Alli-ances, establish Commerce, and to do all other Actsand Things which INDEPENDENT STATES may ofright do. And for the support of this Declaration,with a firm Reliance on the Protection of divineProvidence, we mutually pledge to each other ourLives, our Fortunes, and our sacred Honor.


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DATES TO REMEMBERMay 25, 1787: The Constitutional Convention openswith a quorum of seven states in Philadelphia to dis-cuss revising the Articles of Confederation. Eventu-ally all states but Rhode Island are represented.

Sept. 17, 1787: All 12 state delegations approve theConstitution, 39 delegates sign it of the 42 present, and the Convention formally adjourns.

June 21, 1788: The Constitution becomes effective forthe ratifying states when New Hampshire is theninth state to ratify it.

March 4, 1789: The first Congress under the Consti-tution convenes in New York City.

April 30, 1789: George Washington is inaugurated asthe first President of the United States.

June 8, 1789: James Madison introduces proposed Billof Rights in the House of Representatives.

Sept. 24, 1789: Congress establishes a SupremeCourt, 13 district courts, three ad hoc circuit courts,and the position of Attorney General.

Sept. 25, 1789: Congress approves 12 amendmentsand sends them to the states for ratification.

Feb. 2, 1790: Supreme Court convenes for the firsttime after an unsuccessful attempt February 1.

Dec. 15, 1791: Virginia ratifies the Bill of Rights, and10 of the 12 proposed amendments become part ofthe U.S. Constitution.


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INDEX TO CONSTITUTION ANDAMENDMENTS

Article, Section PageAdmiralty & maritime cases III,2 13Advice and consent II,2 11Age, as qualification for public

officepresident II,1 10representatives I,2 1senators I,3 3voting A26 34

AmbassadorsCase controversies III,2 13President’s power II,2–3 11–12

Amendment procedure V 15Appellate jurisdiction III,2 13Appointment power II,2 11–12Appointments, temporary A17 28Apportionment of

representatives I,2;A14,2 1–2,26Appropriations(s) I,8,9 7,8Arms, right to bear A2 21Army II,2 11Assembly, right of A1 21Authors I,8 6Bail, excessive A8 23Bankruptcy, Congress’ power I,8 6Bill of Rights (Amends. 1-10) A1–A10 21–23Bills I,7 5–6Bills of attainder I,9–10 8Borrowing, Congress’ power I,8 6Cabinet officers’ reports II,2 11Census I,2 1–2Chief Justice, role in

impeachment trials I,3 3Commander in Chief II,2 11Commerce, Congress’ power I,8 6Commission of officers II,3 12Compact I,10 9Congress

annual meetings I,4;A20,2 3–4,29declaring war I,8 6legislative proceedings I,5 4members’ compensation and

privileges I,6;A27 4–5,34organization I,1 1powers I,8;A12 6–7,24–25special sessions II,3 12

Congressional Record (Journal) I,5 4Constitution, purpose Preamble 1


42

Article, Section Page

Contracts, interference by states I,10 8Controversies, court cases III,2 13Conventions V;VII;A21 15,16,30Copyrights & patents,

Congress’ power I,8 6Counsel, right to A6 22Counterfeiting, Congress’

power to punish I,8 6Courts (see Judiciary)Criminal proceedings, rights of

accused A5;A6 22Currency, Congress’ power I,8 6Defense, Congress’ power I,8 6District of Columbia I,8;A23 7,31Double jeopardy A5 22Due process of law A5;A14,1 22,25–16Electoral College II,1;A12;A23 9–11,24 –25

31–32Equal protection of laws A14,1 25–26Equity III,2;A11 13,23Ex post facto laws I,9–10 8Extradition of fugitives by states IV,2 14Fines, excessive A8 23Foreign affairs, President’s

power II,2 11–12Foreign commerce, Congress’

power I,8 6“Full faith and credit” clause IV,1 14General welfare, Congress’

power I,8 6Grand jury indictments A5 22Grievances, redress of A1 21Habeas corpus I,9 8House of Representatives

election to & eligibility for I,2 1members’ terms of office I,2;I,6 1,4Speaker of I,2;A24;A25,3–4 2,32 –33special powers

impeachment I,2 2Presidential elections II,1;A12 9–10,24–25revenue bills I,7 5

states’ representation in I,2 1–2vacancles I,2 2

Immunities (see Privileges andimmunities)

Impeachmentofficials subject to II,4 12penalties I,3 3power of, lodged in House I,2 2reasons II,4 12trials, Senate I,3 3


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Article, Section Page

Indians, commerce with,Congress’ power I,8 6

Inhabitant (see Resident) I,2;I,3 1,3International law, Congress’

power I,8 6Inventors I,8 6Judiciary

inferior courts I,8;III,1 6,12judicial review III,2 13jurisdiction III,2 13nomination & confirmation of

judges II,2 11–12Supreme Court III,1 12terms of office &

compensation III,1 12Jury trials III,2;A6;A7 13,22,23“Lame duck” amendment A20 29Liquor A18;A21 28,30Marque and reprisal, letters of I,8,10 6,8Men (see Persons)Militia (Military) A2;A5 21,22

congressional powers I,8 7presidential powers II,2 11–12

Money I,8 6National debt VI 15–16Native Americans (see Indians) Naturalization I,8 6Navy I,8;II,2 7,11“Necessary and proper” clause I,8 7Nominate II,2;A25 11,32Oath of office, federal and state II,1;VI 11,16Original Jurisdiction III,2 13Pardons and reprieves,

President’s power II,2 11People, powers reserved to A10 23Persons A14 25–26Petition the government,

right to A1 21“Pocket veto” I,7 5Poll tax, prohibition A24,1 32Post offices & roads, Congress’

power I,8 6Presidency, succession to II,1;A20;A25 10–11,29–30President 32–33

disability A25,3 32–33election II,1;A12;A22 9–10,24–25,

A23 31,31–32eligibility for office II,1 10legislation, role in I,7 5


44

Article, Section PagePresident—Continued

oath of office II,1 11powers & duties II,2–3 11–12term of office & compensation II,1 9–11

Press, freedom of A1 21Privileges and immunities (of

citizens) IV,2;A14,1 14,25 – 26Prohibition A18;A21 28,30Property, taking for public use A5 22Punishments, cruel and

unusual A8 23Race A15 27Ratification of Constitution V;VII 15,16Religion, freedom of A1 21Religious oaths VI 16Resident (see Inhabitant) II,1 10Search and seizure A4 22Seas, Congress’ power I,8 6Secrecy I,5 4Self-incrimination A5 22Senate

election to & eligibility for I,3 3equal representation of states V 15officers I,3 3President of I,3;A12 3,24–25President of, pro tempore I,3;A25,3–4 3,32–33special powers

impeachment trials I,3 3Presidential appointments II,2 11–12treaties II,2 11–12

terms of office I,3;I,6 2,4vacancies A17 27–28

Slavery, prohibition A13;A14,4 25,26–27Soldiers, quartering of A3 21Speech, freedom of A1 21Spending, Congress’ power I,8 6State of Union message II,3 12States

and federal elections I,4 3formation & admission to

Union IV,3 14powers requiring consent of

Congress I,10 8–9powers reserved to A10 23protection against invasion,

violence IV,4 15republican form of

government guaranteed IV,4 15suits against III,2;A11 13,23–24


45

Articles, Section PageSundays I,7 5Supreme law of the land

(Constitution) VI 15–16Taxing power, in general I,7–8 5–6

direct taxes prohibited I,9 8income taxes permitted A16 27

Territories IV,3 14 –15Titles of nobility I,9 8Treason III,3 13Treaty(ies) I,10;II,2; 8,11,13

III,2;VI 15–16Trial I,3;III,2; 3,13,22,23

A6;A7Veto, President’s power I,7 5Vice-Presidency, succession to A20;A25 29–30,32– 33Vice-President

conditions for assumingPresidency II,1;A20;A25 10,29–30

32–33declaring President disabled,

role in A25,4 33Senate, role in I,3;A12 3,24–25term of office II,1 9

Voting rights A14;A24 25–27,32blacks, former slaves A15,1 27eighteen-years-old A26 34women A19 29

War powers (see Congress, declaring, war powers; President, powers & duties; States, protection against invasion)

Warrants A4 22Weights and measures

standards of I,8 6Women (see Persons)


111th CONGRESS, 1st SESSION /

SENATE DOCUMENT 111–4

The Declaration of Independencewas the promise; theConstitution was the fulfillment.

“The sacred rights of mankind are not to be rummaged for, among old parchments, or mustyrecords. They are written, as with a sun beam in the whole volume of human nature, by the hand of the divinity itself; and can never be erased or obscured by mortal power.’’

Alexander Hamilton, 1775

“. . . a constitution, intended toendure for ages to come, andconsequently, to be adapted to thevarious crises of human affairs.’’

John Marshall

At the conclusion of theConstitutional Convention,Benjamin Franklin was asked,“What have you wrought?”He answered,

“. . . a Republic, if you can keep it.”

51-300c.pdf 251-300c.pdf 2 8/12/09 2:39:02 PM8/12/09 2:39:02 PM

TheCONSTITUTIONof the United States

andThe Declaration of Independence

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