[United States Senate Manual, 112th Congress]
[S. Doc. 112-1]
[Historical Documents]
[Pages 1149-1165]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 1149]]
[1710]
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CONSTITUTION OF THE UNITED STATES OF AMERICA
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HISTORICAL BACKGROUND
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 Massachu
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setts, 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 19, 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.''
constitution of the united states
[[Page 1151]]
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CONSTITUTION OF THE UNITED STATES OF AMERICA
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1710.1 We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote the
general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish
this Constitution for the United States of America.
1711 ARTICLE I
1711.1 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.
1711.2 Section 2.\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.
1711.3 \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.
Note.--The small superior figures designate clauses, and
have no reference to footnotes.
1711.4 \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.] 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
[[Page 1152]]
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.
*The part included in heavy brackets was repealed by
section 2 of amendment XIV, Senate Manual section 1734.2.
As per act of November 15, 1941, the
apportionment, based on the
Sixteenth Census (1940), the
Seventeenth Census (1950), and the
Eighteenth Census (1960),
distributes the 435 seats in the
House among the States according to
the method of equal proportions.
(See Senate Manual section 1994.)
1711.5 \4\ When vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of
Election to fill such Vacancies.
1711.6 \5\ The House of Representatives shall chuse their
Speaker and other Officers; and shall have the sole Power of
Impeachment.
1711.7 \1\ Section 3. *The Senate of the United States shall be
composed of two Senators from each State, [chosen by the
Legislature] thereof, for six Years; and each Senator shall
have one Vote.
*The part included in heavy brackets was changed by
clause 1 of amendment XVII, Senate Manual section 1737.1.
1711.8 \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].**
**The part included in heavy brackets was changed by
clause 2 of amendment XVII, Senate Manual section 1737.2.
1711.9 \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
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elected, be an Inhabitant of that State for which he shall
be chosen.
1711.10 \4\ The Vice President of the United States shall be
President of the Senate, but shall have no Vote, unless they
be equally divided.
1711.11 \5\ The Senate shall choose 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.
1711.12 \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.
1711.13 \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.
1711.14 Section 4. \1\ The Time, 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 choosing Senators.
1711.15 \2\ The Congress shall assemble at least once in every
Year, and such Meeting shall [be on the first Monday in
December,] unless they shall by Law appoint a different
Day.*
*The part included in heavy brackets was changed by
Section 2 of amendment XX, Senate Manual section 1740.2.
1711.16 Section 5. \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.
1711.17 \2\ Each House may determine the Rules of its
Proceedings, punish its Members for disorderly Behavior,
and, with the Concurrence of two thirds, expel a Member.
[[Page 1154]]
1711.18 \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.
1711.19 \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.
1711.20 Section 6. \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.
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.
1711.21 \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.
1711.22 Section 7. \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.
1711.23 \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
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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.
1711.24 \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.
1711.25 Section 8. \1\ The Congress shall have Power To lay and
collect Taxes, Duties, Imposts and Excises, to pay the Debts
and provide for the common Defense and general Welfare of
the United States; but all Duties, Imposts and Excises shall
be uniform throughout the United States;
1711.26 \2\ To borrow money on the credit of the United States;
1711.27 \3\ To regulate Commerce with foreign Nations, and among
the several States, and with the Indian Tribes;
1711.28 \4\ To establish an uniform Rule of Naturalization, and
uniform Laws on the subject of Bankruptcies throughout the
United States;
1711.29 \5\ To coin Money, regulate the Value thereof, and of
foreign Coin, and fix the Standard of Weights and Measures;
1711.30 \6\ To provide for the Punishment of counterfeiting the
Securities and current Coin of the United States;
1711.31 \7\ To establish Post Offices and post Roads;
1711.32 \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;
1711.33 \9\ To constitute Tribunals inferior to the supreme
Court;
1711.34 \10\ To define and punish Piracies and Felonies
committed on the high Seas, and Offenses against the Law of
Nations;
1711.35 \11\ To declare War, grant Letters of Marque and
Reprisal and make Rules concerning Captures on Land and
Water;
[[Page 1156]]
1711.36 \12\ To raise and support Armies, but no Appropriation
of Money to that Use shall be for a longer Term than two
Years;
1711.37 \13\ To provide and maintain a Navy;
1711.38 \14\ To make Rules for the Government and Regulation of
the land and naval Forces;
1711.39 \15\ To provide for calling forth the Militia to
execute the Laws of the Union, suppress Insurrections and
repel Invasions;
1711.40 \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;
1711.41 \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
1711.42 \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.
1711.43 Section 9. \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.
1711.44 \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.
1711.45 \3\ No Bill of Attainder or ex post facto Law shall be
passed.
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1711.46 *\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 also amendment XVI, Senate Manual section 1736.
1711.47 \5\ No Tax or Duty shall be laid on Articles exported
from any State.
1711.48 \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.
1711.49 \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.
1711.50 \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.
1711.51 Section 10.\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.
1711.52 \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 its 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 Control of the Congress.
1711.53 \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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1712
ARTICLE II
1712.1 Section 1. \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:
See also amendment XXII, Senate Manual section
1742.
1712.2 \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.
1712.3 *[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
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more who have equal Votes, the Senate shall chuse from them
by Ballot the Vice-President.]
*This paragraph has been superseded by amendment XII,
Senate Manual section 1732.
1712.4 \3\ 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.
1712.5 \4\ 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.
1712.6 \5\ 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, 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.
See also amendment XXV, Senate Manual section
1745.
1712.7 \6\ 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.
1712.8 \7\ Before he enter on the Execution of his Office, he
shall take the following Oath or Affirmation:--``I do
solemly 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.''
1712.9 Section 2. \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 Offenses
[[Page 1160]]
against the United States, except in Cases of Impeachment.
1712.10 \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.
1712.11 \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.
1712.12 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.
1712.13 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.
1713 ARTICLE III
1713.1 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.
[[Page 1161]]
1713.2 Section 2. \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;--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.
1713.3 \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.
1713.4 \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.
1713.5 Section 3. \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.
1713.6 \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.
1714 ARTICLE IV
1714.1 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.
[[Page 1162]]
1714.2 Section 2. \1\ The Citizens of each State shall be
entitled to all Privileges and Immunities of Citizens in the
several States.
1714.3 \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.
1714.4 \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.]*
*This paragraph has been superseded by amendment XIII,
Senate Manual section 1733.
1714.5 Section 3. \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.
1714.6 \2\ The Congress shall have Power to dispose of and make
all needful Rules and Regulations respecting the Territory
of 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.
1714.7 Section 4. The United States shall guarantee to every
State in this Union a Republican Form of Government, and
shall protect each of them against Invasion; and on
Application of the Legislature, or of the Executive (when
the Legislature cannot be convened) against domestic
Violence.
ARTICLE V
1715 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-
[[Page 1163]]
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.
1716 ARTICLE VI
1716.1 \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.
1716.2 \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 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.
1716.3 \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.
1717 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.
1718 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 here unto subscribed
our Names,
G o WASHINGTON--
Presidt. and deputy from Virginia.
[[Page 1164]]
New Hampshire
John Langdon,
Nicholas Gilman.
Massachusetts
Nathaniel Gorham,
Rufus King.
Connecticut
Wm. Saml. Johnson,
Roger Sherman.
New York
Alexander Hamiltion.
New Jersey
Wil: Livingston,
David Brearley,
Wm. Paterson,
Jona. Dayton.
Pennsylvania
B. Franklin,
Robt. Morris,
Tho: Fitzsimons,
James Wilson,
Thomas Mifflin,
Geo: Clymer,
Jared Ingersoll,
Gouv: Morris.
Delaware
Geo: Read,
John Dickinson,
Jaco: Broom,
Gunning Bedford, Jun'r,
Richard Bassett.
Maryland
James M'Henry,
Danl Carroll,
Dan: of St. Thos. Jenifer.
Virginia
John Blair,
James Madison, Jr.
North Carolina
Wm. Blount,
Hu. Williamson,
Rich'd Dobbs Spaight.
South Carolina
J. Rutledge,
Charles Pinckney,
Charles Cotesworth
Pinckney,
Pierce Butler.
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Georgia
William Few,
Attest:
Abr. Baldwin.
William Jackson, Secretary.
1719 RATIFICATION OF THE CONSTITUTION
The Constitution was adopted by a convention of the
States September 17, 1787, and was subsequently ratified by
the several States, in the following order, viz:
Delaware, December 7, 1787, yeas, 30 (unanimous).
Pennsylvania, December 12, 1787, yeas, 46; nays, 23.
New Jersey, December 18, 1787, yeas, 38 (unanimous).
Georgia, January 2, 1788, yeas, 26 (unanimous).
Connecticut, January 9, 1788, yeas, 128; nays, 40.
Massachusetts, February 6, 1788, yeas, 187; nays, 168.
Maryland, April 28, 1788, yeas, 63; nays, 11.
South Carolina, May 23, 1788, yeas, 149; nays, 73.
New Hampshire, June 21, 1788, yeas, 57; nays, 46.
Virginia, June 25, 1788, yeas, 89; nays, 79.
New York, July 26, 1788, yeas, 30; nays, 27.
North Carolina, November 21, 1789, yeas, 184; nays, 77.
Rhode Island, May 29, 1790, yeas, 34; nays, 32.
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constitution of the united states