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AMERICA'S FOUNDATION DOCUMENTS
THE
UNITED STATES CONSTITUTION
------------------------------------------------------------------------
(See Note 1)
We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquility,
provide for the common defence, promote the general Welfare,
and secure the Blessings of Liberty to ourselves and our Posterity,
do ordain and establish this Constitution for the United States
of America.
Article. I.
Section 1.
All legislative Powers herein granted shall be vested in a
Congress of the United States, which shall consist of a Senate
and House of Representatives.
Section. 2.
Clause 1: The House of Representatives shall be composed of
Members chosen every second Year by the People of the several
States, and the Electors in each State shall have the Qualifications
requisite for Electors of the most numerous Branch of the
State Legislature.
Clause 2: No Person shall be a Representative who shall not
have attained to the Age of twenty five Years, and been seven
Years a Citizen of the United States, and who shall not, when
elected, be an Inhabitant of that State in which he shall
be chosen.
Clause 3: Representatives and direct Taxes shall be apportioned
among the several States which may be included within this
Union, according to their respective Numbers, which shall
be determined by adding to the whole Number of free Persons,
including those bound to Service for a Term of Years, and
excluding Indians not taxed, three fifths of all other Persons.
(See Note 2) The actual Enumeration shall be made within three
Years after the first Meeting of the Congress of the United
States, and within every subsequent Term of ten Years, in
such Manner as they shall by Law direct. The Number of Representatives
shall not exceed one for every thirty Thousand, but each State
shall have at Least one Representative; and until such enumeration
shall be made, the State of New Hampshire shall be entitled
to chuse three, Massachusetts eight, Rhode-Island and Providence
Plantations one, Connecticut five, New-York six, New Jersey
four, Pennsylvania eight, Delaware one, Maryland six, Virginia
ten, North Carolina five, South Carolina five, and Georgia
three.
Clause 4: When vacancies happen in the Representation from
any State, the Executive Authority thereof shall issue Writs
of Election to fill such Vacancies.
Clause 5: The House of Representatives shall chuse their Speaker
and other Officers; and shall have the sole Power of Impeachment.
Section. 3.
Clause 1: The Senate of the United States shall be composed
of two Senators from each State, chosen by the Legislature
thereof, (See Note 3) for six Years; and each Senator shall
have one Vote.
Clause 2: Immediately after they shall be assembled in Consequence
of the first Election, they shall be divided as equally as
may be into three Classes. The Seats of the Senators of the
first Class shall be vacated at the Expiration of the second
Year, of the second Class at the Expiration of the fourth
Year, and of the third Class at the Expiration of the sixth
Year, so that one third may be chosen every second Year; and
if Vacancies happen by Resignation, or otherwise, during the
Recess of the Legislature of any State, the Executive thereof
may make temporary Appointments until the next Meeting of
the Legislature, which shall then fill such Vacancies. (See
Note 4)
Clause 3: No Person shall be a Senator who shall not have
attained to the Age of thirty Years, and been nine Years a
Citizen of the United States, and who shall not, when elected,
be an Inhabitant of that State for which he shall be chosen.
Clause 4: The Vice President of the United States shall be
President of the Senate, but shall have no Vote, unless they
be equally divided.
Clause 5: The Senate shall chuse their other Officers, and
also a President pro tempore, in the Absence of the Vice President,
or when he shall exercise the Office of President of the United
States.
Clause 6: The Senate shall have the sole Power to try all
Impeachments. When sitting for that Purpose, they shall be
on Oath or Affirmation. When the President of the United States
is tried, the Chief Justice shall preside: And no Person shall
be convicted without the Concurrence of two thirds of the
Members present.
Clause 7: Judgment in Cases of Impeachment shall not extend
further than to removal from Office, and disqualification
to hold and enjoy any Office of honor, Trust or Profit under
the United States: but the Party convicted shall nevertheless
be liable and subject to Indictment, Trial, Judgment and Punishment,
according to Law.
Section. 4.
Clause 1: The Times, Places and Manner of holding Elections
for Senators and Representatives, shall be prescribed in each
State by the Legislature thereof; but the Congress may at
any time by Law make or alter such Regulations, except as
to the Places of chusing Senators.
Clause 2: The Congress shall assemble at least once in every
Year, and such Meeting shall be on the first Monday in December,
(See Note 5) unless they shall by Law appoint a different
Day.
Section. 5.
Clause 1: Each House shall be the Judge of the Elections,
Returns and Qualifications of its own Members, and a Majority
of each shall constitute a Quorum to do Business; but a smaller
Number may adjourn from day to day, and may be authorized
to compel the Attendance of absent Members, in such Manner,
and under such Penalties as each House may provide.
Clause 2: Each House may determine the Rules of its Proceedings,
punish its Members for disorderly Behaviour, and, with the
Concurrence of two thirds, expel
a Member.
Clause 3: Each House shall keep a Journal of its Proceedings,
and from time to time publish the same, excepting such Parts
as may in their Judgment require Secrecy; and the Yeas and
Nays of the Members of either House on any question shall,
at the Desire of one fifth of those Present, be entered on
the Journal.
Clause 4: Neither House, during the Session of Congress, shall,
without the Consent of the other, adjourn for more than three
days, nor to any other Place than that in which the two Houses
shall be sitting.
Section. 6.
Clause 1: The Senators and Representatives shall receive a
Compensation for their Services, to be ascertained by Law,
and paid out of the Treasury of the United States. (See Note
6) They shall in all Cases, except Treason, Felony and Breach
of the Peace, beprivileged from Arrest during their Attendance
at the Session of their respective Houses, and in going to
and returning from the same; and for any Speech or Debate
in either House, they shall not be questioned in any other
Place.
Clause 2: No Senator or Representative shall, during the Time
for which he was elected, be appointed to any civil Office
under the Authority of the United States, which shall have
been created, or the Emoluments whereof shall have been encreased
during such time; and no Person holding any Office under the
United States, shall be a Member of either House during his
Continuance in Office.
Section. 7.
Clause 1: All Bills for raising Revenue shall originate in
the House of Representatives; but the Senate may propose or
concur with Amendments as on other Bills.
Clause 2: Every Bill which shall have passed the House of
Representatives and the Senate, shall, before it become a
Law, be presented to the President of the United States; If
he approve he shall sign it, but if not he shall return it,
with his Objections to that House in which it shall have originated,
who shall enter the Objections at large on their Journal,
and proceed to reconsider it. If after such Reconsideration
two thirds of that House shall agree to pass the Bill, it
shall be sent, together with the Objections, to the other
House, by which it shall likewise be reconsidered, and if
approved by two thirds of that House, it shall become a Law.
But in all such Cases the Votes of both Houses shall be determined
by yeas and Nays, and the Names of the Persons voting for
and against the Bill shall be entered on the Journal of each
House respectively. If any Bill shall not be returned by the
President within ten Days (Sundays excepted) after it shall
have been presented to him, the Same shall be a Law, in like
Manner as if he had signed it, unless the Congress by their
Adjournment prevent its Return, in which Case it shall not
be a Law.
Clause 3: Every Order, Resolution, or Vote to which the Concurrence
of the Senate and House of Representatives may be necessary
(except on a question of Adjournment) shall be presented to
the President of the United States; and before the Same shall
take Effect, shall be approved by him, or being disapproved
by him, shall be repassed by two thirds of the Senate and
House of Representatives, according to the Rules and Limitations
prescribed in the Case of a Bill.
Section. 8.
Clause 1: The Congress shall have Power To lay and collect
Taxes, Duties, Imposts and Excises, to pay the Debts and provide
for the common Defence and general Welfare of the United States;
but all Duties, Imposts and Excises shall be uniform throughout
the United States;
Clause 2: To borrow Money on the credit of the United States;
Clause 3: To regulate Commerce with foreign Nations, and among
the several States, and with the Indian Tribes;
Clause 4: To establish an uniform Rule of Naturalization,
and uniform Laws on the subject of Bankruptcies throughout
the United States;
Clause 5: To coin Money, regulate the Value thereof, and of
foreign Coin, and fix the Standard of Weights and Measures;
Clause 6: To provide for the Punishment of counterfeiting
the Securities and current Coin of the United States;
Clause 7: To establish Post Offices and post Roads;
Clause 8: To promote the Progress of Science and useful Arts,
by securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries;
Clause 9: To constitute Tribunals inferior to the supreme
Court;
Clause 10: To define and punish Piracies and Felonies committed
on the high Seas, and Offences against the Law of Nations;
Clause 11: To declare War, grant Letters of Marque and Reprisal,
and make Rules concerning Captures on Land and Water;
Clause 12: To raise and support Armies, but no Appropriation
of Money to that Use shall be for a longer Term than two Years;
Clause 13: To provide and maintain a Navy;
Clause 14: To make Rules for the Government and Regulation
of the land and naval Forces;
Clause 15: To provide for calling forth the Militia to execute
the Laws of the Union, suppress Insurrections and repel Invasions;
Clause 16: To provide for organizing, arming, and disciplining,
the Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving to
the States respectively, the Appointment of the Officers,
and the Authority of training the Militia according to the
discipline prescribed by Congress;
Clause 17: To exercise exclusive Legislation in all Cases
whatsoever, over such District (not exceeding ten Miles square)
as may, byCession of particular States, and the Acceptance
of Congress, become the Seat of the Government of the United
States, and to exercise like Authority over all Places purchased
by the Consent of the Legislature of the State in which the
Same shall be, for the Erection of Forts, Magazines, Arsenals,
dock-Yards, and other needful Buildings;--And
Clause 18: To make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powers, and all
other Powers vested by this Constitution in the Government
of the United States, or in any Department or Officer thereof.
Section. 9.
Clause 1: The Migration or Importation of such Persons as
any of the States now existing shall think proper to admit,
shall not be prohibited by the Congress prior to the Year
one thousand eight hundred and eight, but a Tax or duty may
be imposed on such Importation, not exceeding ten dollars
for each Person.
Clause 2: The Privilege of the Writ of Habeas Corpus shall
not be suspended, unless when in Cases of Rebellion or Invasion
the public Safety may require it.
Clause 3: No Bill of Attainder or ex post facto Law shall
be passed.
Clause 4: No Capitation, or other direct, Tax shall be laid,
unless in Proportion to the Census or Enumeration herein before
directed to be taken. (See Note 7)
Clause 5: No Tax or Duty shall be laid on Articles exported
from any State.
Clause 6: No Preference shall be given by any Regulation of
Commerce or Revenue to the Ports of one State over those of
another: nor shall Vessels bound to, or from, one State, be
obliged to enter, clear, or pay Duties in another.
Clause 7: No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law; and a regular Statement
and Account of the Receipts and Expenditures of all public
Money shall be published from time to time.
Clause 8: No Title of Nobility shall be granted by the United
States: And no Person holding any Office of Profit or Trust
under them, shall, without the Consent of the Congress, accept
of any present, Emolument, Office, or Title, of any kind whatever,
from any King, Prince, or foreign State.
Section. 10.
Clause 1: No State shall enter into any Treaty, Alliance,
or Confederation; grant Letters of Marque and Reprisal; coin
Money; emit Bills of Credit; make any Thing but gold and silver
Coin a Tender in Payment of Debts; pass any Bill of Attainder,
ex post facto Law, or Law impairing the Obligation of Contracts,
or grant any Title of Nobility.
Clause 2: No State shall, without the Consent of the Congress,
lay any Imposts or Duties on Imports or Exports, except what
may be absolutely necessary for executing it's inspection
Laws: and the net Produce of all Duties and Imposts, laid
by any State on Imports or Exports, shall be for the Use of
the Treasury of the United States; and all such Laws shall
be subject to the Revision and Controul of the Congress.
Clause 3: No State shall, without the Consent of Congress,
lay any Duty of Tonnage, keep Troops, or Ships of War in time
of Peace, enter into any Agreement or Compact with another
State, or with a foreign Power, or engage in War, unless actually
invaded, or in such imminent Danger as will not admit of delay.
Article. II.
Section. 1.
Clause 1: The executive Power shall be vested in a President
of the United States of America. He shall hold his Office
during the Term of four Years, and, together with the Vice
President, chosen for the same Term, be elected, as follows
Clause 2: Each State shall appoint, in such Manner as the
Legislature thereof may direct, a Number of Electors, equal
to the whole Number of Senators and Representatives to which
the State may be entitled in the Congress: but no Senator
or Representative, or Person holding an Office of Trust or
Profit under the United States, shall be appointed an Elector.
Clause 3: The Electors shall meet in their respective States,
and vote by Ballot for two Persons, of whom one at least shall
not be an Inhabitant of the same State with themselves. And
they shall make a List of all the Persons voted for, and of
the Number of Votes for each; which List they shall sign and
certify, and transmit sealed to the Seat of the Government
of the United States, directed to the President of the Senate.
The President of the Senate shall, in the Presence of the
Senate and House of Representatives, open all the Certificates,
and the Votes shall then be counted. The Person having the
greatest Number of Votes shall be the President, if such Number
be a Majority of the whole Number of Electors appointed; and
if there be more than one who have such Majority, and have
an equal Number of Votes, then the House of Representatives
shall immediately chuse by Ballot one of them for President;
and if no Person have a Majority, then from the five highest
on the List the said House shall in like Manner chuse the
President. But in chusing the President, the Votes shall be
taken by States, the Representation from each State having
one Vote; A quorum for this Purpose shall consist of a Member
or Members from two thirds of the States, and a Majority of
all the States shall be necessary to a Choice. In every Case,
after the Choice of the President, the Person having the greatest
Number of Votes of the Electors shall be the Vice President.
But if there should remain two or more who have equal Votes,
the Senate shall chuse from them by Ballot the Vice President.
(See Note 8)
Clause 4: The Congress may determine the Time of chusing the
Electors, and the Day on which they shall give their Votes;
which Day shall be the same throughout the United States.
Clause 5: No Person except a natural born Citizen, or a Citizen
of the United States, at the time of the Adoption of this
Constitution, shall be eligible to the Office of President;
neither shall any Person be eligible to that Office who shall
not have attained to the Age of thirty five Years, and been
fourteen Years a Resident within the United States.
Clause 6: In Case of the Removal of the President from Office,
or of his Death, Resignation, or Inability to discharge the
Powers and Duties of the said Office, (See Note 9) the Same
shall devolve on the VicePresident, and the Congress may by
Law provide for the Case of Removal, Death, Resignation or
Inability, both of the President and Vice President, declaring
what Officer shall then act as President, and such Officer
shall act accordingly, until the Disability be removed, or
a President shall be elected.
Clause 7: The President shall, at stated Times, receive for
his Services, a Compensation, which shall neither be encreased
nor diminished during the Period for which he shall have been
elected, and he shall not receive within that Period any other
Emolument from the United States, or any of them.
Clause 8: Before he enter on the Execution of his Office,
he shall take the following Oath or Affirmation:--"I
do solemnly swear (or affirm) that I will faithfully execute
the Office of President of the United States, and will to
the best of my Ability, preserve, protect and defend the Constitution
of the United States."
Section. 2.
Clause 1: The President shall be Commander in Chief of the
Army and Navy of the United States, and of the Militia of
the several States, when called into the actual Service of
the United States; he may require the Opinion, in writing,
of the principal Officer in each of the executive Departments,
upon any Subject relating to the Duties of their respective
Offices, and he shall have Power to grant Reprieves and Pardons
for Offences against the United States, except in Cases of
Impeachment.
Clause 2: He shall have Power, by and with the Advice and
Consent of the Senate, to make Treaties, provided two thirds
of the Senators present concur; and he shall nominate, and
by and with the Advice and Consent of the Senate, shall appoint
Ambassadors, other public Ministers and Consuls, Judges of
the supreme Court, and all other Officers of the United States,
whose Appointments are not herein otherwise provided for,
and which shall be established by Law: but the Congress may
by Law vest the Appointment of such inferior Officers, as
they think proper, in the President alone, in the Courts of
Law, or in the Heads of Departments.
Clause 3: The President shall have Power to fill up all Vacancies
that may happen during the Recess of the Senate, by granting
Commissions which shall expire at the End of their next Session.
Section. 3.
He shall from time to time give to the Congress Information
of the State of the Union, and recommend to their Consideration
such Measures as he shall judge necessary and expedient; he
may, on extraordinary Occasions, convene both Houses, or either
of them, and in Case of Disagreement between them, with Respect
to the Time of Adjournment, he may adjourn them to such Time
as he shall think proper; he shall receive Ambassadors and
other public Ministers; he shall take Care that the Laws be
faithfully executed, and shall Commission all the Officers
of the United States.
Section. 4.
The President, Vice President and all civil Officers of the
United States, shall be removed from Office on Impeachment
for, and Conviction of, Treason, Bribery, or other high Crimes
and Misdemeanors.
Article. III.
Section. 1.
The judicial Power of the United States, shall be vested in
one supreme Court, and in such inferior Courts as the Congress
may from time to time ordain and establish. The Judges, both
of the supreme and inferior Courts, shall hold their Offices
during good Behaviour, and shall, at stated Times, receive
for their Services, a Compensation, which shall not be diminished
during their Continuance in Office.
Section. 2.
Clause 1: The judicial Power shall extend to all Cases, in
Law and Equity, arising under this Constitution, the Laws
of the United States, and Treaties made, or which shall be
made, under their Authority;--to all Cases affecting Ambassadors,
other public Ministers and Consuls;--to all Cases of admiralty
and maritime Jurisdiction;--to Controversies to which the
United States shall be a Party;--to Controversies between
two or more States;--between a State and Citizens of another
State; (See Note 10)--between Citizens of different States,
--between Citizens of the same State claiming Lands under
Grants of different States, and between a State, or the Citizens
thereof, and foreign States, Citizens or Subjects.
Clause 2: In all Cases affecting Ambassadors, other public
Ministers and Consuls, and those in which a State shall be
Party, the supreme Court shall have original Jurisdiction.
In all the other Cases before mentioned, the supreme Court
shall have appellate Jurisdiction, both as to Law and Fact,
with such Exceptions, and under such Regulations as the Congress
shall make.
Clause 3: The Trial of all Crimes, except in Cases of Impeachment,
shall be by Jury; and such Trial shall be held in the State
where the said Crimes shall have been committed; but when
not committed within any State, the Trial shall be at such
Place or Places as the Congress may by Law have directed.
Section. 3.
Clause 1: Treason against the United States, shall consist
only in levying War against them, or in adhering to their
Enemies, giving them Aid and Comfort. No Person shall be convicted
of Treason unless on the Testimony of two Witnesses to the
same overt Act, or on Confession in open Court.
Clause 2: The Congress shall have Power to declare the Punishment
of Treason, but no Attainder of Treason shall work Corruption
of Blood, or Forfeiture except during the Life of the Person
attainted.
Article. IV.
Section. 1.
Full Faith and Credit shall be given in each State to the
public Acts, Records, and judicial Proceedings of every other
State. And the Congress may by general Laws prescribe the
Manner in which such Acts, Records and Proceedings shall be
proved, and the Effect thereof.
Section. 2.
Clause 1: The Citizens of each State shall be entitled to
all Privileges and Immunities of Citizens in the several States.
Clause 2: A Person charged in any State with Treason, Felony,
or other Crime, who shall flee from Justice, and be found
in another State, shall on Demand of the executive Authority
of the State from which he fled, be delivered up, to be removed
to the State having Jurisdiction of the Crime.
Clause 3: No Person held to Service or Labour in one State,
under the Laws thereof, escaping into another, shall, in Consequence
of any Law or Regulation therein, be discharged from such
Service or Labour, but shall be delivered up on Claim of the
Party to whom such Service or Labour may be due. (See Note
11)
Section. 3.
Clause 1: New States may be admitted by the Congress into
this Union; but no new State shall be formed or erected within
the Jurisdiction of any other State; nor any State be formed
by the Junction of two or more States, or Parts of States,
without the Consent of the Legislatures of the States concerned
as well as of the Congress.
Clause 2: The Congress shall have Power to dispose of and
make all needful Rules and Regulations respecting the Territory
or other Property belonging to the United States; and nothing
in this Constitution shall be so construed as to Prejudice
any Claims of the United States, or of any particular State.
Section. 4.
The United States shall guarantee to every State in this Union
a Republican Form of Government, and shall protect each of
them against Invasion; and on Application of the Legislature,
or of the Executive (when the Legislature cannot be convened)
against domestic Violence.
Article. V.
The Congress, whenever two thirds of both Houses shall deem
it necessary, shall propose Amendments to this Constitution,
or, on the Application of the Legislatures of two thirds of
the several States, shall call a Convention for proposing
Amendments, which, in either Case, shall be valid to all Intents
and Purposes, as Part of this Constitution, when ratified
by the Legislatures of three fourths of the several States,
or by Conventions in three fourths thereof, as the one or
the other Mode of Ratification may be proposed by the Congress;
Provided that no Amendment which may be made prior to the
Year One thousand eight hundred and eight shall in any Manner
affect the first and fourth Clauses in the Ninth Section of
the first Article; and that no State, without its Consent,
shall be deprived of its equal Suffrage in the Senate.
Article. VI.
Clause 1: All Debts contracted and Engagements entered into,
before the Adoption of this Constitution, shall be as valid
against the United States under this Constitution, as under
the Confederation.
Clause 2: This Constitution, and the Laws of the United States
which shall be made in Pursuance thereof; and all Treaties
made, or which shall be made, under the Authority of the United
States, shall be the supreme Law of the Land; and the Judges
in every State shall be bound thereby, any Thing in the Constitution
or Laws of any State to the Contrary notwithstanding.
Clause 3: The Senators and Representatives before mentioned,
and the Members of the several State Legislatures, and all
executive and judicial Officers, both of the United States
and of the several States, shall be bound by Oath or Affirmation,
to support this Constitution; but no religious Test shall
ever be required as a Qualification to any Office or public
Trust under the United States.
Article. VII.
The Ratification of the Conventions of nine States, shall
be sufficient for the Establishment of this Constitution between
the States so ratifying the Same.
done in Convention by the Unanimous Consent of the States
present the Seventeenth Day of September in the Year of our
Lord one thousand seven hundred and Eighty seven and of the
Independence of the United States of America the Twelfth In
witness whereof We have hereunto subscribed our Names,
GO WASHINGTON--Presidt. and deputy from Virginia
[Signed also by the deputies of twelve States.]
Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
Maryland
James MCHenry
Dan of ST ThoS. Jenifer
DanL Carroll.
Virginia
John Blair--
James Madison Jr.
North Carolina
WM Blount
RichD. Dobbs Spaight.
Hu Williamson
South Carolina
J. Rutledge
Charles 1ACotesworth Pinckney
Charles Pinckney
Pierce Butler.
Georgia
William Few
Abr Baldwin
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
Connecticut
WM. SamL. Johnson
Roger Sherman
New York
Alexander Hamilton
New Jersey
Wil: Livingston
David Brearley.
WM. Paterson.
Jona: Dayton
Pennsylvania
B Franklin
Thomas Mifflin
RobT Morris
Geo. Clymer
ThoS. FitzSimons
Jared Ingersoll
James Wilson.
Gouv Morris
Attest William Jackson Secretary
NOTES
Note 1: This text of the Constitution follows the engrossed
copy signed by Gen. Washington and the deputies from 12 States.
The small superior figures preceding the paragraphs designate
Clauses, and were not in the original and have no reference
to footnotes.
The Constitution was adopted by a convention of the States
on September 17, 1787, and was subsequently ratified by the
several States, on the following dates: Delaware, December
7, 1787; Pennsylvania, December 12, 1787; New Jersey, December
18, 1787; Georgia, January 2, 1788; Connecticut, January 9,
1788; Massachusetts, February 6, 1788; Maryland, April 28,
1788; South Carolina, May 23, 1788; New Hampshire, June 21,
1788.
Ratification was completed on June 21, 1788.
The Constitution was subsequently ratified by Virginia, June
25, 1788; New York, July 26, 1788; North Carolina, November
21, 1789; Rhode Island, May 29, 1790; and Vermont, January
10, 1791.
In May 1785, a committee of Congress made a report recommending
an alteration in the Articles of Confederation, but no action
was taken on it, and it was left to the State Legislatures
to proceed in the matter. In January 1786, the Legislature
of Virginia passed a resolution providing for the appointment
of five commissioners, who, or any three of them, should meet
such commissioners as might be appointed in the other States
of the Union, at a time and place to be agreed upon, to take
into consideration the trade of the United States; to consider
how far a uniform system in their commercial regulations may
be necessary to their common interest and their permanent
harmony; and to report to the several States such an act,
relative to this great object, as, when ratified by them,
will enable the United States in Congress effectually to provide
for the same. The Virginia commissioners, after some correspondence,
fixed the first Monday in September as the time, and the city
of Annapolis as the place for the meeting, but only four other
States were represented, viz: Delaware, New York, New Jersey,
and Pennsylvania; the commissioners appointed by Massachusetts,
New Hampshire, North Carolina, and Rhode Island failed to
attend. Under the circumstances of so partial a representation,
the commissioners present agreed upon a report, (drawn by
Mr. Hamilton, of New York,) expressing their unanimous conviction
that it might essentially tend to advance the interests of
the Union if the States by which they were respectively delegated
would concur, and use their endeavors to procure the concurrence
of the other States, in the appointment of commissioners to
meet at Philadelphia on the Second Monday of May following,
to take into consideration the situation of the United States;
to devise such further provisions as should appear to them
necessary to render the Constitution of the Federal Government
adequate to the exigencies of the Union; and to report such
an act for that purpose to the United States in Congress assembled
as, when agreed to by them and afterwards confirmed by the
Legislatures of every State, would effectually provide for
the same.
Congress, on the 21st of February, 1787, adopted a resolution
in favor of a convention, and the Legislatures of those States
which had not already done so (with the exception of Rhode
Island) promptly appointed delegates. On the 25th of May,
seven States having convened, George Washington, of Virginia,
was unanimously elected President, and the consideration of
the proposed constitution was commenced. On the 17th of September,
1787, the Constitution as engrossed and agreed upon was signed
by all the members present, except Mr. Gerry of Massachusetts,
and Messrs. Mason and Randolph, of Virginia. The president
of the convention transmitted it to Congress, with a resolution
stating how the proposed Federal Government should be put
in operation, and an explanatory letter. Congress, on the
28th of September, 1787, directed the Constitution so framed,
with the resolutions and letter concerning the same, to "be
transmitted to the several Legislatures in order to be submitted
to a convention of delegates chosen in each State by the people
thereof, in conformity to the resolves of the convention."
On the 4th of March, 1789, the day which had been fixed for
commencing the operations of Government under the new Constitution,
it had been ratified by the conventions chosen in each State
to consider it, as follows: Delaware, December 7, 1787; Pennsylvania,
December 12, 1787; New Jersey, December 18, 1787; Georgia,
January 2, 1788; Connecticut, January 9, 1788; Massachusetts,
February 6, 1788; Maryland, April 28, 1788; South Carolina,
May 23, 1788; New Hampshire, June 21, 1788; Virginia, June
25, 1788; and New York, July 26, 1788.
The President informed Congress, on the 28th of January, 1790,
that North Carolina had ratified the Constitution November
21, 1789; and he informed Congress on the 1st of June, 1790,
that Rhode Island had ratified the Constitution May 29, 1790.
Vermont, in convention, ratified the Constitution January
10, 1791, and was, by an act of Congress approved February
18, 1791, "received and admitted into this Union as a
new and entire member of the United States."
Note 2: The part of this Clause relating to the mode of apportionment
of representatives among the several States has been affected
by Section 2 of amendment XIV, and as to taxes on incomes
without apportionment by amendment XVI.
Note 3: This Clause has been affected by Clause 1 of amendment
XVII.
Note 4: This Clause has been affected by Clause 2 of amendment
XVIII.
Note 5: This Clause has been affected by amendment XX.
Note 6: This Clause has been affected by amendment XXVII.
Note 7: This Clause has been affected by amendment XVI.
Note 8: This Clause has been superseded by amendment XII.
Note 9: This Clause has been affected by amendment XXV.
Note 10: This Clause has been affected by amendment XI.
Note 11: This Clause has been affected by amendment XIII.
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