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The Constitution of the
United States of
America
Commentary by
David M. Fitzpatrick
Last updated
Sunday, 26 February 2006
(See
Note 1)
There is often confusion about what the
Founding Fathers intended, and what the Constitution says.
I've reproduced
the text here, with appropriate commentary about the Constitution.
See also: The
Declaration of Independence, The Bill
of Rights |
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Preamble 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.
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It is commonly claimed by
Christians that the Constitution clearly states some sort of recognition of
God. It does not, not even in the most-often-claimed Preamble.
Note the spelling of "defense"
as the British spelling, "defence." Should we alter our spelling to the old
way simply because the Constitution has it spelled that way? Of course not. |
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.
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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.
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No person may be a
Representative unless he or she has attained 25 years of age. This shows a
sign of the times: not until someone was considered an adult with real-world
experience could he or she be so elected. But what about the will of the
people? If the people want to vote in an 18 year old, shouldn't they be
allowed to? Or a six year old, for that matter! After all, presumably nobody
would be elected who couldn't handle the job (but then, look at the usual
folks getting elected; I can think of a few six year olds I'd rather see).
"Chuse" is "choose,"
obviously. Again, should be change the spelling of that word to "chuse" just
because it says so in the Constitution? |
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.
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Clause 3 is another age issue:
Senators must be at least 30. Again, shouldn't the people be free to choose
who they want to represent them? |
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.
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"Chusing," like "chuse" above. |
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.
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"Behaviour": another British
spelling. Shall we revert to it? |
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, be privileged 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.
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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.
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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, by Cession 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.
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The powers of Congress are
inherently undemocratic and not at all the will of the people. See that as
an essay elsewhere. |
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.
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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.
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"No State shall ... make any
Thing but gold and silver Coin a Tender in Payment of Debts." Luckily, we
don't do this; we use other money, including money on paper or in computers,
as representative of this. But according to the Constitution, we shouldn't
be. Shall we revert to gold and silver coins only? |
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 Vice
President, 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."
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There was no accounting for
term limits here. The idea was clearly that whoever the people choose to
elect into office ended up in office. However, this was ignored later on
when the president was limited to two terms. So much for the sacred word of
the Constitution. |
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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)
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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.
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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.
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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.
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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.
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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.]
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Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: BroomMaryland
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
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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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