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Constitution of the United States
Preamble Article I Article II Article III Article IV Article V Article VI
Article VII AMENDMENTS
Introduction
Written
in 1787, ratified in 1788, and in operation since 1789, the United
States Constitution is the world’s longest surviving written charter of
government. Its first three words – “We The People” – affirm that the
government of the United States exists to serve its citizens. The
supremacy of the people through their elected representatives is
recognized in Article I, which creates a Congress consisting of a
Senate and a House of Representatives. The positioning of Congress at
the beginning of the Constitution reaffirms its status as the “First
Branch” of the federal government.
The
Constitution assigned to Congress responsibility for organizing the
executive and judicial branches, raising revenue, declaring war, and
making all laws necessary for executing these powers. The president is
permitted to veto specific legislative acts, but Congress has the
authority to override presidential vetoes by two-thirds majorities of
both houses. The Constitution also provides that the Senate advise and
consent on key executive and judicial appointments and on the
ratification of treaties.
For
over two centuries the Constitution has remained in force because its
framers successfully separated and balanced governmental powers to
safeguard the interests of majority rule and minority rights, of
liberty and equality, and of the central and state governments. More a
concise statement of national principles than a detailed plan of
governmental operation, the Constitution has evolved to meet the
changing needs of a modern society profoundly different from the
eighteenth-century world in which its creators lived.
This
annotated version of the Constitution provides the original text
(left-hand column) with commentary about the meaning of the original
text and how it has changed since 1789 (right-hand column).
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| Original Text |
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Preamble
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We
the People of the United States, in Order to form a more perfect Union,
establish Justice, insure domestic Tranquility, provide for the common
defense, 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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The
Preamble explains the purposes of the Constitution, and defines the
powers of the new government as originating from the people of the
United States.
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Article I
Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7
Section 8 Section 9 Section 10 |
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Section 1
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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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The
Constitution divides the federal government into three branches, giving
legislative powers to a bicameral (two chamber) Congress.
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Section 2
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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.
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The
House of Representatives was intended to be "the people's house." Its
members were elected directly by the voters in the states, and the
entire House would have to stand for election every two years.
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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.
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Representatives
need to be 25 years old (compared to 30 for senators), and 7 years a
citizen (compared to 9 years for senators). They must be residents
within their states at the time of their election, but do not
necessarily have to live within their districts.
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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 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.
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Membership
in the House is apportioned according to the population of the states.
Every state must have at least one House seat. Larger states will
have many more representatives. Every ten years, after the census has
been taken, House districts are reapportioned to reflect their changing
population. For many years the House increased its size as the
nation’s population grew, but in 1911 the number of representatives was
fixed at 435 (together with non-voting delegates representing several
territories and the District of Columbia). Words in italics indicate provisions that were later dropped from the Constitution.
The 13th amendment abolished slavery and the 14th amendment provided
that representation would be determined according to the whole number
of persons in each state, not by the “three-fifths” of the slaves.
Since American Indians are now taxed, they are counted for purposes of
apportionment.
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When
vacancies happen in the Representation from any State, the Executive
Authority thereof shall issue Writs of Election to fill such Vacancies.
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Vacant House seats must be filled by election. For the Senate, state governors may fill vacancies.
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The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
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Representatives
choose their presiding officer, the Speaker, from among the membership
of the majority party. Other elected officers, such as the chaplain,
clerk of the House, sergeant at arms, and doorkeeper, are not members
of the House. Impeachment is the power to remove federal officers.
The House initiates the process by voting to impeach, which then
refers the matter to the Senate for a trial.
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Section 3
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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.
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Each
state has two senators, regardless of the size of its population.
Originally, senators were chosen by state legislatures. In 1913 the
17th amendment provided that senators would be directly elected by the
people.
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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.
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From
the beginning, senators were divided into three groups for staggered
elections, so that one-third of the seats are filled every two years.
The italicized parts, regarding the filling of vacancies, were altered
by the 17th amendment.
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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.
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As with representatives, the Constitution fixes the qualifications a person must meet to be eligible to be a senator.
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The
Vice President of the United States shall be President of the Senate,
but shall have no Vote, unless they be equally divided.
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As the presiding officer of the Senate, the vice president may vote only to break a tie.
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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.
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Except
for the Vice President, the Senate elects its own officers. The
President pro tempore is usually the longest-serving member of the
majority party. Other elected officers include a chaplain, secretary
of the Senate, and sergeant at arms, who are not senators.
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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.
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Once
the House votes to impeach, the Senate conducts a trial to determine
whether to convict or acquit. A two-thirds vote is necessary to remove
the individual from office. The chief justice of the United States
presides over the impeachment trial of a president.
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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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Convicted persons can be barred from holding future office, and may be subject to criminal trial in the courts.
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Section 4
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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.
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Federal
elections are conducted by the individual states, although Congress has
gradually enacted laws that regulate those elections. The 17th
amendment made the treatment of the election of senators and
representatives the same.
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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.
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The 20th amendment changed this provision for the convening of Congress from the first Monday in December to the 3rd of January.
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Section 5
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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.
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The
House and Senate decide whether their members are qualified to serve
and have been properly elected, and determine any disputed elections.
One-half plus one of each house is necessary to make a quorum to
conduct business.
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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.
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The
Senate and House each sets its own rules, disciplines its own members,
and by a two-thirds vote can expel a member. Censure and lesser
punishments require only a majority vote.
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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.
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The
Senate and House each publish journals listing bills passed, amendments
offered, motions made, and votes taken. In addition to these journals,
Congress publishes an essentially verbatim account of its debates,
called the Congressional Record. Videotapes of floor proceedings are deposited at the National Archives.
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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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This
section was included to prevent either chamber from blocking
legislation through its refusal to meet. Each chamber takes very
seriously its independence of the other body. To avoid having to ask
the other chamber for permission to adjourn, the Senate and House
simply conduct pro forma (as a matter of form) sessions to meet the
three-day constitutional requirement. No business is conducted at
these sessions, which generally last for less than one minute.
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Section 6
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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.
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The
“speech or debate” clause is a basic protection of members of Congress
in a government of separated powers. Inherited from the British
parliament, the right prevents executive oppression of the legislature,
and here protects members from criminal or civil liability in the
performance of their legislative responsibilities.
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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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To
preserve the separation of powers, no member may be appointed to an
executive of judicial office that was created or accept a salary that
was increased during the term to which that senator or representative
was elected, nor may anyone serving in Congress simultaneously hold
office in any other branch of government.
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Section 7
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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.
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The
House, directly elected by the people, received authority to originate
all tax bills. The Senate, however, can amend a tax bill, and the
support of both houses is necessary for the bill to become law.
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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.
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The
“presentment clause” describes the only way that a bill can become law:
it must be passed in identical form by both Houses and it must be
signed by the president or passed by a two-thirds vote of Congress over
the president’s veto. If, while Congress is in session, the president
does not sign a bill, it automatically becomes law. If Congress has
adjourned or is in recess, the president can “pocket veto” the bill –
in a sense, simply putting it in his pocket, unsigned. Congress cannot
override bills that have been pocket vetoed.
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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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This
clause prevents Congress from circumventing the previous clause by
calling a bill something else. All it means is that any “order,
resolution, or vote” that has the force of law must be passed in the
manner of a bill.
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Section 8
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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;
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Section
8 begins the enumerated powers of the federal government delegated to
Congress. The first is the power to tax and to spend the money raised
by taxes, to provide for the nation’s defense and general welfare.
This section was supplemented by the 16th amendment, which permitted
Congress to levy an income tax.
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To borrow Money on the credit of the United States;
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Congress
can borrow money through the issuance of bonds and other means. When
it borrows money, the United States creates a binding obligation to
repay the debt and cannot repudiate it.
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To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
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The
“commerce clause” is one of the most far-reaching grants of power to
Congress. Interstate commerce covers all movement of people and things
across state lines, and every form of communication and transportation.
The commerce clause has permitted a wide variety of federal laws, from
the regulation of business to outlawing of racial segregation. The
“Indian commerce clause” has become the main source of power for
congressional legislation dealing with Native Americans.
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To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
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Acts
of Congress define the requirements by which immigrants can become
citizens. Only the federal government, not the states, can determine
who becomes a citizen. Bankruptcy laws make provisions for individuals
or corporations that fail to pay their debts.
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To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
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These
clauses permit Congress to coin money and to issue paper currency. By
extension, under its ability to enact laws “necessary and proper” to
carry out these powers (as stated at the end of Article 1, Section 8),
Congress created the Federal Reserve System to regulate the nation’s
monetary supply.
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To establish Post Offices and post Roads;
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The
postal powers embrace all measures necessary to establish the system
and to insure the safe and speedy transit and prompt delivery of the
mails. Congress may also punish those who use the mails for unlawful
purposes.
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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;
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Copyright and patent protection of authors and inventors are authorized by this clause, although it uses neither word.
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To constitute Tribunals inferior to the supreme Court;
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The
Constitution provides only for a Supreme Court, and left it to Congress
to create lower (“inferior”) courts, and to set their jurisdictions and
duties.
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To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
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Every sovereign nation possesses these powers, and Congress has acted under this authority from the beginning.
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To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
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The
“war powers” are defined here and in Article 2, Section 2. Congress
declares war, while the president wages war. However, presidents have
committed U.S. forces leading to conflict without congressional
declaration of war in Korea, Vietnam, and other places, provoking
national argument over the meaning of these powers. Congress’ control
of funding the military provides another check on the executive branch.
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To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
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;
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Under
these provisions, the right of the states to maintain a militia,
including what is now the National Guard, is always subordinate to the
power of Congress. In 1795 Congress first gave the president authority
to call out the militia to suppress insurrections. Presidents employed
this power to enforce federal law during desegregation disputes during
the 1950s, and later during the civil disturbances in various cities
during the 1960s
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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
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This
clause enables Congress to govern the District of Columbia. Congress
has now delegated that power to a locally elected government, subject
to federal oversight. Congress also governs forts, arsenals, and other
places obtained from the states for the federal government’s purposes.
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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
“elastic clause” enlarges legislative power by enabling Congress to use
any means it thinks reasonable to put these powers into action. This
clause also authorizes Congress to enact legislation necessary to carry
out the powers of the other branches, for example to organize and
reorganize the executive branch.
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Section 9
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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.
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This obsolete provision was designed to protect the slave trade from congressional restriction for a period of time.
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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.
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Habeas corpus
is a judicial device by which jailed people may require their jailer to
justify their imprisonment to a court. It is a fundamental safeguard
of individual liberty, and the Supreme Court has interpreted it to give
federal courts review over state court convictions and to enforce
federal constitutional guarantees. It is generally accepted that only
Congress has the power to suspend habeas corpus. President Abraham Lincoln’s suspension of the right during the Civil War met with strong opposition.
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No Bill of Attainder or ex post facto Law shall be passed.
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A
bill of attainder is a legislative act declaring the guilt of an
individual or a group of persons and punishing them. Only the courts
may determine whether one has violated a criminal statute. An ex post facto law declares an act illegal after it has been committed, or increases the punishment for an offense already committed.
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No
Capitation, or other direct, Tax shall be laid, unless in Proportion to
the Census or enumeration herein before directed to be taken.
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Direct
taxes are poll or “head” taxes and taxes on land. The Supreme Court
once held that income taxes were unconstitutional direct taxes, a
result overturned by the 16th amendment.
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No Tax or Duty shall be laid on Articles exported from any State.
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To
prohibit discrimination against any states or regions, Congress cannot
tax goods exported from a state to foreign countries or those that move
between states.
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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.
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Congress cannot favor one state against another while regulating trade.
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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.
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The
departments and agencies of the executive branch may not spend any
money that Congress has not appropriated, or use federal money for any
purpose that Congress has not specified.
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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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This
clause was designed to end the aristocratic tendencies that the
American Revolution had been fought against. Federal officials must
turn over to the government all but minimal gifts from foreign nations.
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Section 10
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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.
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These provisions protect national powers from state incursions.
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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.
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States may not interfere with the international trade of the United States.
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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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States
cannot levy tonnage duties, which are taxes charged for the privilege
of entering, trading in, or remaining in a port. States may come
together to work on common problems, such as pollution of a river
passing through several states, but the agreements or compacts they
reach are subject to congressional consent.
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Article II
Section 1 Section 2 Section 3 Section 4 |
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Section 1
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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:
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This
clause provided the title of the chief executive and defined the term
of office. It says nothing about reelection. George Washington
established a two-term tradition, which was not broken until Franklin
D. Roosevelt won a third and fourth term. The 22nd amendment now limits
presidents to two terms.
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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.
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The
Constitution established an electoral college as a compromise between
direct popular election of the president and election by Congress. The
method of selecting electors was left to the states. Electors are now
chosen by popular vote.
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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
Representatives 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.
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This
clause was superseded by the 12th amendment, after the election of 1800
in which Thomas Jefferson and his running mate, Aaron Burr, received
identical votes and both claimed the office. After many votes, the
House of Representatives chose Jefferson, and soon thereafter the
amendment was speedily approved.
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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.
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Congress
has enacted legislation requiring that presidential elections (the
selection of electors) occur on the Tuesday following the first Monday
in November every four years. Electors gather to vote on the Monday
after the second Wednesday in December. The two houses of Congress
convene to count the electoral ballots on the following January 6.
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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.
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This
clause requires that in order to take the oath of office a president
must be 35, a resident within the United States for 14 years, and a
natural-born citizen. This last requirement raises the question of
whether someone born to American parents outside of the United States
would be eligible to hold the office.
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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.
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The 25th amendment superseded this clause regarding presidential disability, vacancy of the office, and methods of succession.
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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.
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To
preserve the president's independence, Congress can neither raise nor
lower the president's salary during his term. Nor can a president
accept any other pay.
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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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The
Constitution prescribes the oath that presidents must take. By
contrast, Congress by statute created the oath taken by other federal
officials, including the vice president.
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Section 2
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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.
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As
Commander in Chief, the president controls the military forces.
Presidents have also cited this power as extending to their control of
national and foreign policy in war and peacetime. Congress may not
restrain the president's power to pardon, except in impeachment cases.
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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.
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The
Constitution gives the Senate a share in foreign policy by requiring
Senate consent, by a two-thirds vote, to any treaty before it may go
into effect. The president may enter into "executive agreements" with
other nations without the Senate's consent, but if these involve more
than minor matters they may prove controversial.
The
president must also submit judicial and major executive branch
nominations to the Senate for its advice and consent. The Constitution
makes no provision for the removal of executive officers, which has
remained largely at the discretion of the president.
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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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When
the Senate is not in session, and therefore unable to receive
nominations, the president may make recess appointments. The Senate
will then consider the nomination when it returns to session.
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Section 3
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He
shall from time to time give to the Congress Information on 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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The
duty to deliver to Congress an annual address, known as the State of
the Union message, is the basis of the president's legislative
leadership. Presidents have frequently summoned Congress into "extra"
or "special" sessions, but they have never exercised the power to
adjourn Congress. The law enforcement function has been a source of the
president's control over the executive branch, however the laws that
the president is to execute are the laws that Congress passes, and
those laws constrain as well as empower the chief executive.
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Section 4
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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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Impeachment
is the ultimate power of Congress to deter and to punish abuse of power
by officers of the executive and judicial branches. Federal judges
constitute the greater number of impeached and convicted officers.
President Andrew Johnson won acquittal by a single vote, and President
Richard Nixon resigned before he could be impeached. President Bill
Clinton was impeached by the House and acquitted by the Senate.
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Article III
Section 1 Section 2 Section 3 |
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Section 1
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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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This
clause identifies the third branch of our separated government,
empowering the courts to decide cases and limiting them to the exercise
of a certain kind of authority. The Constitution makes no mention of
judicial review, the right of the Supreme Court to declare federal and
state laws unconstitutional. The Court asserted this right in the case
of Marbury v. Madison in 1803 and on more than 120 occasions
since then. For the sake of independence, justices and judges are given
life tenures, subject only to removal by impeachment, and a guarantee
that their salaries cannot be reduced.
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Section 2
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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.
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The
use of "cases" and "controversies" emphasizes the nature of the
judicial power. These words encompass the concepts of adversity between
parties, and require that litigants must have suffered injury
sufficient to invoke the power of a federal court.
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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.
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Certain
cases may be brought directly to the Supreme Court without having been
heard by another court. Under statute, the Supreme Court also exercises
appellate review, that is the right to review the decisions of a lower
federal or state court.
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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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Anyone
accused of a crime has a right to a trial by jury, except in the case
of impeachments. This right was further defined and strengthened by the
6th, 7th, 8th, and 9th amendments.
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Section 3
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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.
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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This
clause limits Congress' ability to define treason or to set its
punishment, as a means of preventing political "offenders" from being
charged as traitors. At least two witnesses must testify in court that
the defendant committed a treasonable act.
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Article IV
Section 1 Section 2 Section 3 Section 4 |
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Section 1
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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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Each
state is required to recognize the laws and records (such as licenses)
of other states and to enforce rights in its own courts that would be
enforced in other state courts.
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Section 2
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The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
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States must treat the citizens of other states equally, without discrimination.
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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.
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The governor of a state in which a fugitive is found must return the fugitive to the state demanding custody.
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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.
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This clause, applicable to fleeing slaves, is now obsolete.
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Section 3
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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.
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By
acts of Congress, newly settled or newly acquired areas will be
admitted as states on an equal status with those states already in the
Union.
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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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Congress
has charge of the public lands within the states, which in the West
constitutes an enormous amount of land. Congress also governs acquired
territories, which today include Puerto Rico, the Virgin Islands, Guam,
and American Samoa.
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Section 4
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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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Under this provision, Congress has authorized presidents to send federal troops into a state to guarantee law and order.
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Article V
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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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The
Constitution may be amended in two ways. The standard device, used for
all amendments so far, is for both houses of Congress to pass by
two-thirds vote a proposal, which they send to the states for
ratification, either by state legislatures or by conventions within the
states. An amendment is ratified when three-fourths of the states
approve. The Constitution also authorizes a national convention, when
two-thirds of the states petition Congress for such a convention, to
propose amendments, which would also have to be ratified by
three-quarters of the states.
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Article VI
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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.
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.
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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The new federal government assumed the financial obligations of the old government under the Articles of Confederation.
The
"supremacy clause" is the most important guarantor of national union.
It assures that the Constitution and federal laws and treaties take
precedence over state law and binds all judges to adhere to that
principle in their courts.
State
and federal officials, whether legislative, executive, or judicial,
must take an oath to uphold and defend the Constitution. No religious
test, either an avowal or a repudiation of any religious belief, shall
ever be required of any public officeholder in the United States.
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Article VII
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The
Ratification of the Conventions of nine States, shall be sufficient for
the Establishment of this Constitution between the States so ratifying
the Same.
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The
Constitutional Convention met under the Government of the Articles of
Confederation, which required unanimous assent of all 13 states to
change any provisions of the Articles. Nevertheless, the Constitution
mandated that the new government would go into effect when nine of the
13 states acted affirmatively.
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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.
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| 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, 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. |
| Georgia | WILLIAM FEW, ABR. BALDWIN. |
| Attest: | WILLIAM JACKSON, Secretary. |
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AMENDMENTS
Amendment I (1791) Amendment II (1791)
Amendment III (1791) Amendment IV (1791)
Amendment V (1791) Amendment VI (1791)
Amendment VII (1791) Amendment VIII (1791)
Amendment IX (1791) Amendment X (1791)
Amendment XI (1798) Amendment XII (1804)
Amendment XIII (1865) Amendment XIV (1868)
Amendment XV (1870) Amendment XVI (1913)
Amendment XVII (1913) Amendment XVIII (1919)
Amendment XIX (1920) Amendment XX (1933)
Amendment XXI (1933) Amendment XXII (1951)
Amendment XXIII (1961) Amendment XXIV (1964)
Amendment XXV (1967) Amendment XXVI (1971)
Amendment XXVII (1992) |
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Amendment I (1791)
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Congress
shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.
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The
first ten amendments comprise the Bill of Rights. The first amendment
protects religious freedom by prohibiting the establishment of an
official or exclusive church or sect. Free speech and free press are
protected, although they can be limited for reasons of defamation,
obscenity, and certain forms of state censorship, especially during
wartime. The freedom of assembly and petition also covers marching,
picketing and pamphleteering.
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Amendment II (1791)
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A
well regulated Militia, being necessary to the security of a free
State, the right of the people to keep and bear Arms, shall not be
infringed.
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Whether
this provision protects the individual's right to own firearms or
whether it deals only with the collective right of the people to arm
and maintain a militia is strongly debated.
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Amendment III (1791)
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No
Soldier shall, in time of peace be quartered in any house, without the
consent of the Owner, nor in time of war, but in a manner to be
prescribed by law.
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This
virtually obsolete provision was in response to anger over the British
military practice of quartering soldiers in colonists' homes.
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Amendment IV (1791)
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The
right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
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Applying
to arrests and to searches of persons, homes, and other private places,
this amendment requires a warrant, thereby placing a neutral magistrate
between the police and the citizen.
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Amendment V (1791)
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No
person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the Militia, when in
actual service in time of War or public danger; nor shall any person be
subject for the same offence to be twice put in jeopardy of life or
limb; nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without
due process of law; nor shall private property be taken for public use,
without just compensation.
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Indictment
by a grand jury requires the decision of ordinary citizens to place one
in danger of conviction. Double jeopardy means that when one has been
convicted or acquitted, the government cannot place that person on
trial again. The self-incrimination clause means that the prosecution
must establish guilt by independent evidence and not by extorting a
confession from the suspect, although voluntary confessions are not
precluded. Due process of the law requires the government to observe
proper and traditional methods in depriving one of an important right.
Finally, when the government seizes property to use in the public
interest, it must pay the owner fair value.
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Amendment VI (1791)
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In
all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature
and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his
favor, and to have the Assistance of Counsel for his defence.
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Defendants
in criminal cases are entitled to public trials that follow relatively
soon after initiation of the charges. Witnesses must be brought to the
trial to testify before the defendant, judge, and jury. Defendants are
also entitled to compel witnesses on their behalf to appear and testify.
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Amendment VII (1791)
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In
Suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact
tried by a jury, shall be otherwise re-examined in any Court of the
United States, than according to the rules of the common law.
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Mistrustful
of judges, the people insisted on the right to jury trial in civil
cases. The minimum level, $20, is so low today that it would burden the
federal judiciary, so various devices have been developed to permit
alternative resolution of disputes.
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Amendment VIII (1791)
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Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
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Neither
bail nor punishment for a crime are to be unreasonably severe. The
"cruel and unusual punishments" clause has been the basis for
challenges to the death penalty.
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Amendment IX (1791)
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The
enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
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Failure
of the Constitution to mention a specific right does not mean that the
government can abridge that right, but its protection has to be found
elsewhere.
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Amendment X (1791)
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The
powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States
respectively, or to the people.
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The
federal government is the recipient of constitutionally delegated
powers. What is not delegated remains in the states or in the people.
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Amendment XI (1798)
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The
Judicial power of the United States shall not be construed to extend to
any suit in law or equity, commenced or prosecuted against one of the
United States by Citizens of another State, or by Citizens or Subjects
of any Foreign State.
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When
the Supreme Court held in the 1793 case Chisholm v. Georgia that a
state could be sued in federal court under Article III of the
Constitution, this amendment was rapidly adopted. It provided that
states could only be sued in state courts.
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Amendment XII (1804)
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The
Electors shall meet in their respective states and vote by ballot for
President and Vice-President, one of whom, at least, shall not be an
inhabitant of the same state with themselves; they shall name in their
ballots the person voted for as President, and in distinct ballots the
person voted for as Vice-President, and they shall make distinct lists
of all persons voted for as President, and of all persons voted for as
Vice-President, and of the number of votes for each, which lists 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 for President, shall be the President, if such number be a
majority of the whole number of Electors appointed; and if no person
have such majority, then from the persons having the highest numbers
not exceeding three on the list of those voted for as President, the
House of Representatives shall choose immediately, by ballot, the
President. But in choosing the President, the votes shall be taken by
states, the representation from each state having one vote; a quorum
for this purpose shall consist of a member or members from two-thirds
of the states, and a majority of all the states shall be necessary to a
choice. And if the House of Representatives shall not choose a
President whenever the right of choice shall devolve upon them, before
the fourth day of March next following, then the Vice-President shall
act as President, as in the case of the death or other constitutional
disability of the President—The person having the greatest number
of votes as Vice-President, shall be the Vice-President, if such number
be a majority of the whole number of Electors appointed, and if no
person have a majority, then from the two highest numbers on the list,
the Senate shall choose the Vice-President; a quorum for the purpose
shall consist of two-thirds of the whole number of Senators, and a
majority of the whole number shall be necessary to a choice. But no
person constitutionally ineligible to the office of President shall be
eligible to that of Vice-President of the United States.
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After
the disputed election of 1800, this amendment required separate
designation of presidential and vice presidential candidates, each of
whom must meet the same qualifications for eligibility as the president.
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Amendment XIII (1865)
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Section 1.
Neither slavery nor involuntary servitude, except as a punishment for
crime whereof the party shall have been duly convicted, shall exist
within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
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President
Lincoln's Emancipation Proclamation did not apply to slavery in the
states that had not seceded. To abolish slavery entirely, Congress
proposed this amendment, which also gave Congress specific authority to
enforce the amendment by legislation. Under these provisions, Congress
has legislated against slavery-like conditions, such as peonage.
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Amendment XIV (1868)
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Section 1.
All persons born or naturalized in the United States and subject to the
jurisdiction thereof, are citizens of the United States and of the
State wherein they reside. No State shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the United
States; nor shall any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
Section 2.
Representatives shall be apportioned among the several States according
to their respective numbers, counting the whole number of persons in
each State, excluding Indians not taxed. But when the right to vote at
any election for the choice of electors for President and Vice
President of the United States, Representatives in Congress, the
Executive and Judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants of such
State, being twenty-one years of age, and citizens of the
United States, or in any way abridged, except for participation in
rebellion, or other crime, the basis of representation therein shall be
reduced in the proportion which the number of such male citizens shall
bear to the whole number of male citizens twenty-one years of age in
such State.
Section 3.
No person shall be a Senator or Representative in Congress, or elector
of President and Vice President, or hold any office, civil or military,
under the United States, or under any State, who, having previously
taken an oath, as a member of Congress, or as an officer of the United
States, or as a member of any State legislature, or as an executive or
judicial officer of any State, to support the Constitution of the
United States, shall have engaged in insurrection or rebellion against
the same, or given aid or comfort to the enemies thereof. But Congress
may by a vote of two-thirds of each House, remove such disability.
Section 4.
The validity of the public debt of the United States, authorized by
law, including debts incurred for payment of pensions and bounties for
services in suppressing insurrection or rebellion, shall not be
questioned. But neither the United States nor any State shall assume or
pay any debt or obligation incurred in aid of insurrection or rebellion
against the United States, or any claim for the loss or emancipation of
any slave; but all such debts, obligations and claims shall be held
illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
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In the Dred Scott decision
of 1857, the Supreme Court had said that African-Americans were not
citizens. This amendment declared that every person born or naturalized
in the U.S. was a citizen. The amendment's "due process" clause has had
enormous constitutional importance, since the Supreme Court has used it
to apply most of the Bill of Rights to the states. The amendment also
establishes that all citizens are entitled to "equal protection of the
laws," the provision which the Supreme Court cited in Brown v. Board of Education in 1954, ruling school segregation unconstitutional.
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Amendment XV (1870)
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Section 1.
The right of citizens of the United States to vote shall not be denied
or abridged by the United States or by any State on account of race,
color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
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This
amendment was designed to protect the right of African-Americans to
vote and has served as the foundation for such legislation as the
Voting Rights Act of 1965.
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Amendment XVI (1913)
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The
Congress shall have power to lay and collect taxes on incomes, from
whatever source derived, without apportionment among the several
States, and without regard to any census or enumeration.
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In
1895 the Supreme Court had declared a federal income tax law
unconstitutional. This amendment reversed that decision and authorized
a tax on income.
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Amendment XVII (1913)
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The
Senate of the United States shall be composed of two Senators from each
State, elected by the people thereof, for six years; and each Senator
shall have one vote. The electors in each State shall have the
qualifications requisite for electors of the most numerous branch of
the State legislatures.
When
vacancies happen in the representation of any State in the Senate, the
executive authority of such State shall issue writs of election to fill
such vacancies: Provided, That the legislature of any State may empower
the executive thereof to make temporary appointments until the people
fill the vacancies by election as the legislature may direct.
This
amendment shall not be so construed as to affect the election or term
of any Senator chosen before it becomes valid as part of the
Constitution.
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The
original system of having state legislatures elect U.S. senators began
to break down with the growth of political parties in the mid-19th
century. Disagreements between and within parties produced deadlocks
that delayed state legislative business and left states without their
full Senate representation, often for lengthy periods. This amendment
provides for senators to be elected the way members of the House are—by
direct election of the people.
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Amendment XVIII (1919)
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Section 1.
After one year from the ratification of this article the manufacture,
sale, or transportation of intoxicating liquors within, the importation
thereof into, or the exportation thereof from the United States and all
territory subject to the jurisdiction thereof for beverage purposes is
hereby prohibited.
Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Section 3.
This article shall be inoperative unless it shall have been ratified as
an amendment to the Constitution by the legislatures of the several
States, as provided in the Constitution, within seven years from the
date of the submission hereof to the States by the Congress.
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The
"noble experiment" of Prohibition was instituted by this amendment,
only to be repealed 16 years later by the 21st amendment.
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Amendment XIX (1920)
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The
right of citizens of the United States to vote shall not be denied or
abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
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The
Constitution has never prohibited women from voting and for many years
before the adoption of this amendment women did vote in several states.
The 19th amendment established a uniform rule for all states to follow
in guaranteeing women this right.
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Amendment XX (1933)
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Section 1.
The terms of the President and Vice President shall end at noon on the
20th day of January, and the terms of Senators and Representatives at
noon on the 3d day of January, of the years in which such terms would
have ended if this article had not been ratified; and the terms of
their successors shall then begin.
Section 2.
The Congress shall assemble at least once in every year, and such
meeting shall begin at noon on the 3d day of January, unless they shall
by law appoint a different day.
Section 3.
If, at the time fixed for the beginning of the term of the President,
the President elect shall have died, the Vice President elect shall
become President. If a President shall not have been chosen before the
time fixed for the beginning of his term, or if the President elect
shall have failed to qualify, then the Vice President elect shall act
as President until a President shall have qualified; and the Congress
may by law provide for the case wherein neither a President elect nor a
Vice President elect shall have qualified, declaring who shall then act
as President, or the manner in which one who is to act shall be
selected, and such person shall act accordingly until a President or
Vice President shall have qualified.
Section 4.
The Congress may by law provide for the case of the death of any of the
persons from whom the House of Representatives may choose a President
whenever the right of choice shall have devolved upon them, and for the
case of the death of any of the persons from whom the Senate may choose
a Vice President whenever the right of choice shall have devolved upon
them.
Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
Section 6.
This article shall be inoperative unless it shall have been ratified as
an amendment to the Constitution by the legislatures of three-fourths
of the several States within seven years from the date of its
submission.
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This
so-called "Lame-Duck" amendment reduced the previous four-month period
between the November elections and the March 4 starting date of
congressional and presidential terms. This ended the custom, when both
terms expired on the same day, that required outgoing presidents to sit
outside the Senate chamber waiting to sign last-minute legislation.
Also, under this amendment, if a presidential election were thrown into
the House of Representatives following a deadlock in the January 6
counting of electoral ballots, that decision would be made by a newly
elected House rather than one set to go out of existence on March 4.
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Amendment XXI (1933)
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Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2.
The transportation or importation into any State, Territory, or
possession of the United States for delivery or use therein of
intoxicating liquors, in violation of the laws thereof, is hereby
prohibited.
Section 3.
This article shall be inoperative unless it shall have been ratified
as an amendment to the Constitution by conventions in the several
States, as provided in the Constitution, within seven years from the
date of the submission hereof to the States by the Congress.
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In repealing Prohibition, this was the only amendment that the states ratified by conventions rather than by legislatures.
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Amendment XXII (1951)
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Section 1.
No person shall be elected to the office of the President more than
twice, and no person who has held the office of President, or acted as
President, for more than two years of a term to which some other person
was elected President shall be elected to the office of the President
more than once. But this Article shall not apply to any person holding
the office of President, when this Article was proposed by the
Congress, and shall not prevent any person who may be holding the
office of President, or acting as President, during the term within
which this Article becomes operative from holding the office of
President or acting as President during the remainder of such term.
Section 2.
This article shall be inoperative unless it shall have been ratified as
an amendment to the Constitution by the legislatures of three-fourths
of the several States within seven years from the date of its
submission to the States by the Congress.
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George
Washington established the custom of presidents serving no longer than
two terms. Following Franklin D. Roosevelt's election to third and
fourth terms, this amendment set a future limit at two terms.
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Amendment XXIII (1961)
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Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:
A
number of electors of President and Vice President equal to the whole
number of Senators and Representatives in Congress to which the
District would be entitled if it were a State, but in no event more
than the least populous State; they shall be in addition to those
appointed by the States, but they shall be considered, for the purposes
of the election of President and Vice President, to be electors
appointed by a State; and they shall meet in the District and perform
such duties as provided by the twelfth article of amendment.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
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In
authorizing the creation of a federal district as seat of government,
the Framers made no provision for the suffrage rights of persons who
resided there. This amendment for the first time, effective with the
1964 election, gave District of Columbia residents the opportunity to
vote for three presidential electors.
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Amendment XXIV (1964)
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Section 1.
The right of citizens of the United States to vote in any primary or
other election for President or Vice President for electors for
President or Vice President, or for Senator or Representative in
Congress, shall not be denied or abridged by the United States or any
State by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
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The
poll tax was the last surviving instance of a property qualification
for the suffrage, and it was in effect, at the time of the adoption of
this amendment, in only five States. The amendment was offered as a
removal of another obstacle to the right to vote.
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Amendment XXV (1967)
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Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2.
Whenever there is a vacancy in the office of the Vice President, the
President shall nominate a Vice President who shall take office upon
confirmation by a majority vote of both Houses of Congress.
Section 3.
Whenever the President transmits to the President pro tempore of the
Senate and the Speaker of the House of Representatives his written
declaration that he is unable to discharge the powers and duties of his
office, and until he transmits to them a written declaration to the
contrary, such powers and duties shall be discharged by the Vice
President as Acting President.
Section 4.
Whenever the Vice President and a majority of either the principal
officers of the executive departments or of such other body as Congress
may by law provide, transmit to the President pro tempore of the Senate
and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and
duties of his office, the Vice President shall immediately assume the
powers and duties of the office as Acting President.
Thereafter,
when the President transmits to the President pro tempore of the Senate
and the Speaker of the House of Representatives his written declaration
that no inability exists, he shall resume the powers and duties of his
office unless the Vice President and a majority of either the principal
officers of the executive department or of such other body as Congress
may by law provide, transmit within four days to the President pro
tempore of the Senate and the Speaker of the House of Representatives
their written declaration that the President is unable to discharge the
powers and duties of his office. Thereupon Congress shall decide the
issue, assembling within forty-eight hours for that purpose if not in
session. If the Congress, within twenty-one days after receipt of the
latter written declaration, or, if Congress is not in session, within
twenty-one days after Congress is required to assemble, determines by
two-thirds vote of both Houses that the President is unable to
discharge the powers and duties of his office, the Vice President shall
continue to discharge the same as Acting President; otherwise, the
President shall resume the powers and duties of his office.
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This
amendment clarifies the Constitution's previously ambiguous language
about presidential succession, explicitly confirming the long-standing
custom that when a president dies in office the vice president becomes
president, rather than acts as president.
If
the vice presidency becomes vacant, the president may nominate a new
vice president, subject to the confirmation of both the House and
Senate. The amendment also provides procedures for replacing a
president who becomes incapacitated.
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Amendment XXVI (1971)
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Section 1.
The right of citizens of the United States, who are eighteen years of
age or older, to vote shall not be denied or abridged by the United
States or by any State on account of age.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
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During
the Vietnam War, this amendment lowered the voting age in federal and
state elections to 18, the same age at which young men could be drafted
for military service.
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Amendment XXVII (1992)
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No
law varying the compensation for the services of the Senators and
Representatives shall take effect, until an election of Representatives
shall have intervened.
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More
than two hundred years after it was proposed as part of the original
Bill of Rights, this amendment prohibited members of Congress from
receiving an increase in salary until after the next election had been
held.
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S.PUB.103-21
Prepared by the Office of the Secretary of the Senate with the
assistance of Johnny H. Killian of the Library of Congress. |
Preamble Article I Article II Article III Article IV Article V Article VI
Article VII AMENDMENTS
Introduction
Written
in 1787, ratified in 1788, and in operation since 1789, the United
States Constitution is the world’s longest surviving written charter of
government. Its first three words – “We The People” – affirm that the
government of the United States exists to serve its citizens. The
supremacy of the people through their elected representatives is
recognized in Article I, which creates a Congress consisting of a
Senate and a House of Representatives. The positioning of Congress at
the beginning of the Constitution reaffirms its status as the “First
Branch” of the federal government.
The
Constitution assigned to Congress responsibility for organizing the
executive and judicial branches, raising revenue, declaring war, and
making all laws necessary for executing these powers. The president is
permitted to veto specific legislative acts, but Congress has the
authority to override presidential vetoes by two-thirds majorities of
both houses. The Constitution also provides that the Senate advise and
consent on key executive and judicial appointments and on the
ratification of treaties.
For
over two centuries the Constitution has remained in force because its
framers successfully separated and balanced governmental powers to
safeguard the interests of majority rule and minority rights, of
liberty and equality, and of the central and state governments. More a
concise statement of national principles than a detailed plan of
governmental operation, the Constitution has evolved to meet the
changing needs of a modern society profoundly different from the
eighteenth-century world in which its creators lived.
This
annotated version of the Constitution provides the original text
(left-hand column) with commentary about the meaning of the original
text and how it has changed since 1789 (right-hand column).
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| Original Text |
| Explanation |
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Preamble
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We
the People of the United States, in Order to form a more perfect Union,
establish Justice, insure domestic Tranquility, provide for the common
defense, 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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The
Preamble explains the purposes of the Constitution, and defines the
powers of the new government as originating from the people of the
United States.
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Article I
Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7
Section 8 Section 9 Section 10 |
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Section 1
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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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The
Constitution divides the federal government into three branches, giving
legislative powers to a bicameral (two chamber) Congress.
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Section 2
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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.
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The
House of Representatives was intended to be "the people's house." Its
members were elected directly by the voters in the states, and the
entire House would have to stand for election every two years.
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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.
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Representatives
need to be 25 years old (compared to 30 for senators), and 7 years a
citizen (compared to 9 years for senators). They must be residents
within their states at the time of their election, but do not
necessarily have to live within their districts.
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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 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.
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Membership
in the House is apportioned according to the population of the states.
Every state must have at least one House seat. Larger states will
have many more representatives. Every ten years, after the census has
been taken, House districts are reapportioned to reflect their changing
population. For many years the House increased its size as the
nation’s population grew, but in 1911 the number of representatives was
fixed at 435 (together with non-voting delegates representing several
territories and the District of Columbia). Words in italics indicate provisions that were later dropped from the Constitution.
The 13th amendment abolished slavery and the 14th amendment provided
that representation would be determined according to the whole number
of persons in each state, not by the “three-fifths” of the slaves.
Since American Indians are now taxed, they are counted for purposes of
apportionment.
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When
vacancies happen in the Representation from any State, the Executive
Authority thereof shall issue Writs of Election to fill such Vacancies.
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Vacant House seats must be filled by election. For the Senate, state governors may fill vacancies.
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The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
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Representatives
choose their presiding officer, the Speaker, from among the membership
of the majority party. Other elected officers, such as the chaplain,
clerk of the House, sergeant at arms, and doorkeeper, are not members
of the House. Impeachment is the power to remove federal officers.
The House initiates the process by voting to impeach, which then
refers the matter to the Senate for a trial.
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Section 3
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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.
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Each
state has two senators, regardless of the size of its population.
Originally, senators were chosen by state legislatures. In 1913 the
17th amendment provided that senators would be directly elected by the
people.
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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.
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From
the beginning, senators were divided into three groups for staggered
elections, so that one-third of the seats are filled every two years.
The italicized parts, regarding the filling of vacancies, were altered
by the 17th amendment.
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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.
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As with representatives, the Constitution fixes the qualifications a person must meet to be eligible to be a senator.
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The
Vice President of the United States shall be President of the Senate,
but shall have no Vote, unless they be equally divided.
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As the presiding officer of the Senate, the vice president may vote only to break a tie.
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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.
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Except
for the Vice President, the Senate elects its own officers. The
President pro tempore is usually the longest-serving member of the
majority party. Other elected officers include a chaplain, secretary
of the Senate, and sergeant at arms, who are not senators.
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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.
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Once
the House votes to impeach, the Senate conducts a trial to determine
whether to convict or acquit. A two-thirds vote is necessary to remove
the individual from office. The chief justice of the United States
presides over the impeachment trial of a president.
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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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Convicted persons can be barred from holding future office, and may be subject to criminal trial in the courts.
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Section 4
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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.
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Federal
elections are conducted by the individual states, although Congress has
gradually enacted laws that regulate those elections. The 17th
amendment made the treatment of the election of senators and
representatives the same.
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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.
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The 20th amendment changed this provision for the convening of Congress from the first Monday in December to the 3rd of January.
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Section 5
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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.
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The
House and Senate decide whether their members are qualified to serve
and have been properly elected, and determine any disputed elections.
One-half plus one of each house is necessary to make a quorum to
conduct business.
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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.
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The
Senate and House each sets its own rules, disciplines its own members,
and by a two-thirds vote can expel a member. Censure and lesser
punishments require only a majority vote.
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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.
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The
Senate and House each publish journals listing bills passed, amendments
offered, motions made, and votes taken. In addition to these journals,
Congress publishes an essentially verbatim account of its debates,
called the Congressional Record. Videotapes of floor proceedings are deposited at the National Archives.
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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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This
section was included to prevent either chamber from blocking
legislation through its refusal to meet. Each chamber takes very
seriously its independence of the other body. To avoid having to ask
the other chamber for permission to adjourn, the Senate and House
simply conduct pro forma (as a matter of form) sessions to meet the
three-day constitutional requirement. No business is conducted at
these sessions, which generally last for less than one minute.
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Section 6
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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.
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The
“speech or debate” clause is a basic protection of members of Congress
in a government of separated powers. Inherited from the British
parliament, the right prevents executive oppression of the legislature,
and here protects members from criminal or civil liability in the
performance of their legislative responsibilities.
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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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To
preserve the separation of powers, no member may be appointed to an
executive of judicial office that was created or accept a salary that
was increased during the term to which that senator or representative
was elected, nor may anyone serving in Congress simultaneously hold
office in any other branch of government.
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Section 7
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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.
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The
House, directly elected by the people, received authority to originate
all tax bills. The Senate, however, can amend a tax bill, and the
support of both houses is necessary for the bill to become law.
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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.
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The
“presentment clause” describes the only way that a bill can become law:
it must be passed in identical form by both Houses and it must be
signed by the president or passed by a two-thirds vote of Congress over
the president’s veto. If, while Congress is in session, the president
does not sign a bill, it automatically becomes law. If Congress has
adjourned or is in recess, the president can “pocket veto” the bill –
in a sense, simply putting it in his pocket, unsigned. Congress cannot
override bills that have been pocket vetoed.
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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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This
clause prevents Congress from circumventing the previous clause by
calling a bill something else. All it means is that any “order,
resolution, or vote” that has the force of law must be passed in the
manner of a bill.
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Section 8
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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;
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Section
8 begins the enumerated powers of the federal government delegated to
Congress. The first is the power to tax and to spend the money raised
by taxes, to provide for the nation’s defense and general welfare.
This section was supplemented by the 16th amendment, which permitted
Congress to levy an income tax.
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To borrow Money on the credit of the United States;
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Congress
can borrow money through the issuance of bonds and other means. When
it borrows money, the United States creates a binding obligation to
repay the debt and cannot repudiate it.
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To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
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The
“commerce clause” is one of the most far-reaching grants of power to
Congress. Interstate commerce covers all movement of people and things
across state lines, and every form of communication and transportation.
The commerce clause has permitted a wide variety of federal laws, from
the regulation of business to outlawing of racial segregation. The
“Indian commerce clause” has become the main source of power for
congressional legislation dealing with Native Americans.
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To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
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Acts
of Congress define the requirements by which immigrants can become
citizens. Only the federal government, not the states, can determine
who becomes a citizen. Bankruptcy laws make provisions for individuals
or corporations that fail to pay their debts.
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To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
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These
clauses permit Congress to coin money and to issue paper currency. By
extension, under its ability to enact laws “necessary and proper” to
carry out these powers (as stated at the end of Article 1, Section 8),
Congress created the Federal Reserve System to regulate the nation’s
monetary supply.
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To establish Post Offices and post Roads;
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The
postal powers embrace all measures necessary to establish the system
and to insure the safe and speedy transit and prompt delivery of the
mails. Congress may also punish those who use the mails for unlawful
purposes.
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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;
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Copyright and patent protection of authors and inventors are authorized by this clause, although it uses neither word.
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To constitute Tribunals inferior to the supreme Court;
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The
Constitution provides only for a Supreme Court, and left it to Congress
to create lower (“inferior”) courts, and to set their jurisdictions and
duties.
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To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
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Every sovereign nation possesses these powers, and Congress has acted under this authority from the beginning.
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To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
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The
“war powers” are defined here and in Article 2, Section 2. Congress
declares war, while the president wages war. However, presidents have
committed U.S. forces leading to conflict without congressional
declaration of war in Korea, Vietnam, and other places, provoking
national argument over the meaning of these powers. Congress’ control
of funding the military provides another check on the executive branch.
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To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
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;
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Under
these provisions, the right of the states to maintain a militia,
including what is now the National Guard, is always subordinate to the
power of Congress. In 1795 Congress first gave the president authority
to call out the militia to suppress insurrections. Presidents employed
this power to enforce federal law during desegregation disputes during
the 1950s, and later during the civil disturbances in various cities
during the 1960s
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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
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This
clause enables Congress to govern the District of Columbia. Congress
has now delegated that power to a locally elected government, subject
to federal oversight. Congress also governs forts, arsenals, and other
places obtained from the states for the federal government’s purposes.
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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
“elastic clause” enlarges legislative power by enabling Congress to use
any means it thinks reasonable to put these powers into action. This
clause also authorizes Congress to enact legislation necessary to carry
out the powers of the other branches, for example to organize and
reorganize the executive branch.
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Section 9
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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.
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This obsolete provision was designed to protect the slave trade from congressional restriction for a period of time.
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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.
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Habeas corpus
is a judicial device by which jailed people may require their jailer to
justify their imprisonment to a court. It is a fundamental safeguard
of individual liberty, and the Supreme Court has interpreted it to give
federal courts review over state court convictions and to enforce
federal constitutional guarantees. It is generally accepted that only
Congress has the power to suspend habeas corpus. President Abraham Lincoln’s suspension of the right during the Civil War met with strong opposition.
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No Bill of Attainder or ex post facto Law shall be passed.
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A
bill of attainder is a legislative act declaring the guilt of an
individual or a group of persons and punishing them. Only the courts
may determine whether one has violated a criminal statute. An ex post facto law declares an act illegal after it has been committed, or increases the punishment for an offense already committed.
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No
Capitation, or other direct, Tax shall be laid, unless in Proportion to
the Census or enumeration herein before directed to be taken.
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Direct
taxes are poll or “head” taxes and taxes on land. The Supreme Court
once held that income taxes were unconstitutional direct taxes, a
result overturned by the 16th amendment.
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No Tax or Duty shall be laid on Articles exported from any State.
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To
prohibit discrimination against any states or regions, Congress cannot
tax goods exported from a state to foreign countries or those that move
between states.
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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.
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Congress cannot favor one state against another while regulating trade.
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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.
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The
departments and agencies of the executive branch may not spend any
money that Congress has not appropriated, or use federal money for any
purpose that Congress has not specified.
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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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This
clause was designed to end the aristocratic tendencies that the
American Revolution had been fought against. Federal officials must
turn over to the government all but minimal gifts from foreign nations.
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Section 10
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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.
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These provisions protect national powers from state incursions.
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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.
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States may not interfere with the international trade of the United States.
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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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States
cannot levy tonnage duties, which are taxes charged for the privilege
of entering, trading in, or remaining in a port. States may come
together to work on common problems, such as pollution of a river
passing through several states, but the agreements or compacts they
reach are subject to congressional consent.
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Article II
Section 1 Section 2 Section 3 Section 4 |
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Section 1
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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:
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This
clause provided the title of the chief executive and defined the term
of office. It says nothing about reelection. George Washington
established a two-term tradition, which was not broken until Franklin
D. Roosevelt won a third and fourth term. The 22nd amendment now limits
presidents to two terms.
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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.
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The
Constitution established an electoral college as a compromise between
direct popular election of the president and election by Congress. The
method of selecting electors was left to the states. Electors are now
chosen by popular vote.
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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
Representatives 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.
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This
clause was superseded by the 12th amendment, after the election of 1800
in which Thomas Jefferson and his running mate, Aaron Burr, received
identical votes and both claimed the office. After many votes, the
House of Representatives chose Jefferson, and soon thereafter the
amendment was speedily approved.
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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.
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Congress
has enacted legislation requiring that presidential elections (the
selection of electors) occur on the Tuesday following the first Monday
in November every four years. Electors gather to vote on the Monday
after the second Wednesday in December. The two houses of Congress
convene to count the electoral ballots on the following January 6.
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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.
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This
clause requires that in order to take the oath of office a president
must be 35, a resident within the United States for 14 years, and a
natural-born citizen. This last requirement raises the question of
whether someone born to American parents outside of the United States
would be eligible to hold the office.
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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.
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The 25th amendment superseded this clause regarding presidential disability, vacancy of the office, and methods of succession.
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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.
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To
preserve the president's independence, Congress can neither raise nor
lower the president's salary during his term. Nor can a president
accept any other pay.
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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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The
Constitution prescribes the oath that presidents must take. By
contrast, Congress by statute created the oath taken by other federal
officials, including the vice president.
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Section 2
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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.
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As
Commander in Chief, the president controls the military forces.
Presidents have also cited this power as extending to their control of
national and foreign policy in war and peacetime. Congress may not
restrain the president's power to pardon, except in impeachment cases.
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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.
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The
Constitution gives the Senate a share in foreign policy by requiring
Senate consent, by a two-thirds vote, to any treaty before it may go
into effect. The president may enter into "executive agreements" with
other nations without the Senate's consent, but if these involve more
than minor matters they may prove controversial.
The
president must also submit judicial and major executive branch
nominations to the Senate for its advice and consent. The Constitution
makes no provision for the removal of executive officers, which has
remained largely at the discretion of the president.
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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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When
the Senate is not in session, and therefore unable to receive
nominations, the president may make recess appointments. The Senate
will then consider the nomination when it returns to session.
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Section 3
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He
shall from time to time give to the Congress Information on 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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The
duty to deliver to Congress an annual address, known as the State of
the Union message, is the basis of the president's legislative
leadership. Presidents have frequently summoned Congress into "extra"
or "special" sessions, but they have never exercised the power to
adjourn Congress. The law enforcement function has been a source of the
president's control over the executive branch, however the laws that
the president is to execute are the laws that Congress passes, and
those laws constrain as well as empower the chief executive.
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Section 4
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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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Impeachment
is the ultimate power of Congress to deter and to punish abuse of power
by officers of the executive and judicial branches. Federal judges
constitute the greater number of impeached and convicted officers.
President Andrew Johnson won acquittal by a single vote, and President
Richard Nixon resigned before he could be impeached. President Bill
Clinton was impeached by the House and acquitted by the Senate.
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Article III
Section 1 Section 2 Section 3 |
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Section 1
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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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This
clause identifies the third branch of our separated government,
empowering the courts to decide cases and limiting them to the exercise
of a certain kind of authority. The Constitution makes no mention of
judicial review, the right of the Supreme Court to declare federal and
state laws unconstitutional. The Court asserted this right in the case
of Marbury v. Madison in 1803 and on more than 120 occasions
since then. For the sake of independence, justices and judges are given
life tenures, subject only to removal by impeachment, and a guarantee
that their salaries cannot be reduced.
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Section 2
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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.
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The
use of "cases" and "controversies" emphasizes the nature of the
judicial power. These words encompass the concepts of adversity between
parties, and require that litigants must have suffered injury
sufficient to invoke the power of a federal court.
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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.
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Certain
cases may be brought directly to the Supreme Court without having been
heard by another court. Under statute, the Supreme Court also exercises
appellate review, that is the right to review the decisions of a lower
federal or state court.
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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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Anyone
accused of a crime has a right to a trial by jury, except in the case
of impeachments. This right was further defined and strengthened by the
6th, 7th, 8th, and 9th amendments.
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Section 3
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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.
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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This
clause limits Congress' ability to define treason or to set its
punishment, as a means of preventing political "offenders" from being
charged as traitors. At least two witnesses must testify in court that
the defendant committed a treasonable act.
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Article IV
Section 1 Section 2 Section 3 Section 4 |
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Section 1
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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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Each
state is required to recognize the laws and records (such as licenses)
of other states and to enforce rights in its own courts that would be
enforced in other state courts.
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Section 2
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The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
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States must treat the citizens of other states equally, without discrimination.
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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.
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The governor of a state in which a fugitive is found must return the fugitive to the state demanding custody.
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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.
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This clause, applicable to fleeing slaves, is now obsolete.
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Section 3
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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.
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By
acts of Congress, newly settled or newly acquired areas will be
admitted as states on an equal status with those states already in the
Union.
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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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Congress
has charge of the public lands within the states, which in the West
constitutes an enormous amount of land. Congress also governs acquired
territories, which today include Puerto Rico, the Virgin Islands, Guam,
and American Samoa.
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Section 4
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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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Under this provision, Congress has authorized presidents to send federal troops into a state to guarantee law and order.
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Article V
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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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The
Constitution may be amended in two ways. The standard device, used for
all amendments so far, is for both houses of Congress to pass by
two-thirds vote a proposal, which they send to the states for
ratification, either by state legislatures or by conventions within the
states. An amendment is ratified when three-fourths of the states
approve. The Constitution also authorizes a national convention, when
two-thirds of the states petition Congress for such a convention, to
propose amendments, which would also have to be ratified by
three-quarters of the states.
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Article VI
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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.
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.
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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The new federal government assumed the financial obligations of the old government under the Articles of Confederation.
The
"supremacy clause" is the most important guarantor of national union.
It assures that the Constitution and federal laws and treaties take
precedence over state law and binds all judges to adhere to that
principle in their courts.
State
and federal officials, whether legislative, executive, or judicial,
must take an oath to uphold and defend the Constitution. No religious
test, either an avowal or a repudiation of any religious belief, shall
ever be required of any public officeholder in the United States.
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Article VII
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The
Ratification of the Conventions of nine States, shall be sufficient for
the Establishment of this Constitution between the States so ratifying
the Same.
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The
Constitutional Convention met under the Government of the Articles of
Confederation, which required unanimous assent of all 13 states to
change any provisions of the Articles. Nevertheless, the Constitution
mandated that the new government would go into effect when nine of the
13 states acted affirmatively.
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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.
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| 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, 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. |
| Georgia | WILLIAM FEW, ABR. BALDWIN. |
| Attest: | WILLIAM JACKSON, Secretary. |
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AMENDMENTS
Amendment I (1791) Amendment II (1791)
Amendment III (1791) Amendment IV (1791)
Amendment V (1791) Amendment VI (1791)
Amendment VII (1791) Amendment VIII (1791)
Amendment IX (1791) Amendment X (1791)
Amendment XI (1798) Amendment XII (1804)
Amendment XIII (1865) Amendment XIV (1868)
Amendment XV (1870) Amendment XVI (1913)
Amendment XVII (1913) Amendment XVIII (1919)
Amendment XIX (1920) Amendment XX (1933)
Amendment XXI (1933) Amendment XXII (1951)
Amendment XXIII (1961) Amendment XXIV (1964)
Amendment XXV (1967) Amendment XXVI (1971)
Amendment XXVII (1992) |
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Amendment I (1791)
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Congress
shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of grievances.
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The
first ten amendments comprise the Bill of Rights. The first amendment
protects religious freedom by prohibiting the establishment of an
official or exclusive church or sect. Free speech and free press are
protected, although they can be limited for reasons of defamation,
obscenity, and certain forms of state censorship, especially during
wartime. The freedom of assembly and petition also covers marching,
picketing and pamphleteering.
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Amendment II (1791)
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A
well regulated Militia, being necessary to the security of a free
State, the right of the people to keep and bear Arms, shall not be
infringed.
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Whether
this provision protects the individual's right to own firearms or
whether it deals only with the collective right of the people to arm
and maintain a militia is strongly debated.
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Amendment III (1791)
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No
Soldier shall, in time of peace be quartered in any house, without the
consent of the Owner, nor in time of war, but in a manner to be
prescribed by law.
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This
virtually obsolete provision was in response to anger over the British
military practice of quartering soldiers in colonists' homes.
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Amendment IV (1791)
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The
right of the people to be secure in their persons, houses, papers, and
effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
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Applying
to arrests and to searches of persons, homes, and other private places,
this amendment requires a warrant, thereby placing a neutral magistrate
between the police and the citizen.
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Amendment V (1791)
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No
person shall be held to answer for a capital, or otherwise infamous
crime, unless on a presentment or indictment of a Grand Jury, except in
cases arising in the land or naval forces, or in the Militia, when in
actual service in time of War or public danger; nor shall any person be
subject for the same offence to be twice put in jeopardy of life or
limb; nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property, without
due process of law; nor shall private property be taken for public use,
without just compensation.
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Indictment
by a grand jury requires the decision of ordinary citizens to place one
in danger of conviction. Double jeopardy means that when one has been
convicted or acquitted, the government cannot place that person on
trial again. The self-incrimination clause means that the prosecution
must establish guilt by independent evidence and not by extorting a
confession from the suspect, although voluntary confessions are not
precluded. Due process of the law requires the government to observe
proper and traditional methods in depriving one of an important right.
Finally, when the government seizes property to use in the public
interest, it must pay the owner fair value.
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Amendment VI (1791)
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In
all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall have
been previously ascertained by law, and to be informed of the nature
and cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his
favor, and to have the Assistance of Counsel for his defence.
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Defendants
in criminal cases are entitled to public trials that follow relatively
soon after initiation of the charges. Witnesses must be brought to the
trial to testify before the defendant, judge, and jury. Defendants are
also entitled to compel witnesses on their behalf to appear and testify.
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Amendment VII (1791)
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In
Suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact
tried by a jury, shall be otherwise re-examined in any Court of the
United States, than according to the rules of the common law.
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Mistrustful
of judges, the people insisted on the right to jury trial in civil
cases. The minimum level, $20, is so low today that it would burden the
federal judiciary, so various devices have been developed to permit
alternative resolution of disputes.
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Amendment VIII (1791)
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Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
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Neither
bail nor punishment for a crime are to be unreasonably severe. The
"cruel and unusual punishments" clause has been the basis for
challenges to the death penalty.
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Amendment IX (1791)
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The
enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
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Failure
of the Constitution to mention a specific right does not mean that the
government can abridge that right, but its protection has to be found
elsewhere.
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Amendment X (1791)
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The
powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States
respectively, or to the people.
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The
federal government is the recipient of constitutionally delegated
powers. What is not delegated remains in the states or in the people.
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Amendment XI (1798)
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The
Judicial power of the United States shall not be construed to extend to
any suit in law or equity, commenced or prosecuted against one of the
United States by Citizens of another State, or by Citizens or Subjects
of any Foreign State.
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When
the Supreme Court held in the 1793 case Chisholm v. Georgia that a
state could be sued in federal court under Article III of the
Constitution, this amendment was rapidly adopted. It provided that
states could only be sued in state courts.
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Amendment XII (1804)
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The
Electors shall meet in their respective states and vote by ballot for
President and Vice-President, one of whom, at least, shall not be an
inhabitant of the same state with themselves; they shall name in their
ballots the person voted for as President, and in distinct ballots the
person voted for as Vice-President, and they shall make distinct lists
of all persons voted for as President, and of all persons voted for as
Vice-President, and of the number of votes for each, which lists 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 for President, shall be the President, if such number be a
majority of the whole number of Electors appointed; and if no person
have such majority, then from the persons having the highest numbers
not exceeding three on the list of those voted for as President, the
House of Representatives shall choose immediately, by ballot, the
President. But in choosing the President, the votes shall be taken by
states, the representation from each state having one vote; a quorum
for this purpose shall consist of a member or members from two-thirds
of the states, and a majority of all the states shall be necessary to a
choice. And if the House of Representatives shall not choose a
President whenever the right of choice shall devolve upon them, before
the fourth day of March next following, then the Vice-President shall
act as President, as in the case of the death or other constitutional
disability of the President—The person having the greatest number
of votes as Vice-President, shall be the Vice-President, if such number
be a majority of the whole number of Electors appointed, and if no
person have a majority, then from the two highest numbers on the list,
the Senate shall choose the Vice-President; a quorum for the purpose
shall consist of two-thirds of the whole number of Senators, and a
majority of the whole number shall be necessary to a choice. But no
person constitutionally ineligible to the office of President shall be
eligible to that of Vice-President of the United States.
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After
the disputed election of 1800, this amendment required separate
designation of presidential and vice presidential candidates, each of
whom must meet the same qualifications for eligibility as the president.
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Amendment XIII (1865)
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Section 1.
Neither slavery nor involuntary servitude, except as a punishment for
crime whereof the party shall have been duly convicted, shall exist
within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
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President
Lincoln's Emancipation Proclamation did not apply to slavery in the
states that had not seceded. To abolish slavery entirely, Congress
proposed this amendment, which also gave Congress specific authority to
enforce the amendment by legislation. Under these provisions, Congress
has legislated against slavery-like conditions, such as peonage.
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Amendment XIV (1868)
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Section 1.
All persons born or naturalized in the United States and subject to the
jurisdiction thereof, are citizens of the United States and of the
State wherein they reside. No State shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the United
States; nor shall any State deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
Section 2.
Representatives shall be apportioned among the several States according
to their respective numbers, counting the whole number of persons in
each State, excluding Indians not taxed. But when the right to vote at
any election for the choice of electors for President and Vice
President of the United States, Representatives in Congress, the
Executive and Judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants of such
State, being twenty-one years of age, and citizens of the
United States, or in any way abridged, except for participation in
rebellion, or other crime, the basis of representation therein shall be
reduced in the proportion which the number of such male citizens shall
bear to the whole number of male citizens twenty-one years of age in
such State.
Section 3.
No person shall be a Senator or Representative in Congress, or elector
of President and Vice President, or hold any office, civil or military,
under the United States, or under any State, who, having previously
taken an oath, as a member of Congress, or as an officer of the United
States, or as a member of any State legislature, or as an executive or
judicial officer of any State, to support the Constitution of the
United States, shall have engaged in insurrection or rebellion against
the same, or given aid or comfort to the enemies thereof. But Congress
may by a vote of two-thirds of each House, remove such disability.
Section 4.
The validity of the public debt of the United States, authorized by
law, including debts incurred for payment of pensions and bounties for
services in suppressing insurrection or rebellion, shall not be
questioned. But neither the United States nor any State shall assume or
pay any debt or obligation incurred in aid of insurrection or rebellion
against the United States, or any claim for the loss or emancipation of
any slave; but all such debts, obligations and claims shall be held
illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
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In the Dred Scott decision
of 1857, the Supreme Court had said that African-Americans were not
citizens. This amendment declared that every person born or naturalized
in the U.S. was a citizen. The amendment's "due process" clause has had
enormous constitutional importance, since the Supreme Court has used it
to apply most of the Bill of Rights to the states. The amendment also
establishes that all citizens are entitled to "equal protection of the
laws," the provision which the Supreme Court cited in Brown v. Board of Education in 1954, ruling school segregation unconstitutional.
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Amendment XV (1870)
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Section 1.
The right of citizens of the United States to vote shall not be denied
or abridged by the United States or by any State on account of race,
color, or previous condition of servitude.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
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This
amendment was designed to protect the right of African-Americans to
vote and has served as the foundation for such legislation as the
Voting Rights Act of 1965.
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Amendment XVI (1913)
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The
Congress shall have power to lay and collect taxes on incomes, from
whatever source derived, without apportionment among the several
States, and without regard to any census or enumeration.
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In
1895 the Supreme Court had declared a federal income tax law
unconstitutional. This amendment reversed that decision and authorized
a tax on income.
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Amendment XVII (1913)
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The
Senate of the United States shall be composed of two Senators from each
State, elected by the people thereof, for six years; and each Senator
shall have one vote. The electors in each State shall have the
qualifications requisite for electors of the most numerous branch of
the State legislatures.
When
vacancies happen in the representation of any State in the Senate, the
executive authority of such State shall issue writs of election to fill
such vacancies: Provided, That the legislature of any State may empower
the executive thereof to make temporary appointments until the people
fill the vacancies by election as the legislature may direct.
This
amendment shall not be so construed as to affect the election or term
of any Senator chosen before it becomes valid as part of the
Constitution.
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The
original system of having state legislatures elect U.S. senators began
to break down with the growth of political parties in the mid-19th
century. Disagreements between and within parties produced deadlocks
that delayed state legislative business and left states without their
full Senate representation, often for lengthy periods. This amendment
provides for senators to be elected the way members of the House are—by
direct election of the people.
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Amendment XVIII (1919)
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Section 1.
After one year from the ratification of this article the manufacture,
sale, or transportation of intoxicating liquors within, the importation
thereof into, or the exportation thereof from the United States and all
territory subject to the jurisdiction thereof for beverage purposes is
hereby prohibited.
Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Section 3.
This article shall be inoperative unless it shall have been ratified as
an amendment to the Constitution by the legislatures of the several
States, as provided in the Constitution, within seven years from the
date of the submission hereof to the States by the Congress.
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The
"noble experiment" of Prohibition was instituted by this amendment,
only to be repealed 16 years later by the 21st amendment.
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Amendment XIX (1920)
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The
right of citizens of the United States to vote shall not be denied or
abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
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The
Constitution has never prohibited women from voting and for many years
before the adoption of this amendment women did vote in several states.
The 19th amendment established a uniform rule for all states to follow
in guaranteeing women this right.
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Amendment XX (1933)
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Section 1.
The terms of the President and Vice President shall end at noon on the
20th day of January, and the terms of Senators and Representatives at
noon on the 3d day of January, of the years in which such terms would
have ended if this article had not been ratified; and the terms of
their successors shall then begin.
Section 2.
The Congress shall assemble at least once in every year, and such
meeting shall begin at noon on the 3d day of January, unless they shall
by law appoint a different day.
Section 3.
If, at the time fixed for the beginning of the term of the President,
the President elect shall have died, the Vice President elect shall
become President. If a President shall not have been chosen before the
time fixed for the beginning of his term, or if the President elect
shall have failed to qualify, then the Vice President elect shall act
as President until a President shall have qualified; and the Congress
may by law provide for the case wherein neither a President elect nor a
Vice President elect shall have qualified, declaring who shall then act
as President, or the manner in which one who is to act shall be
selected, and such person shall act accordingly until a President or
Vice President shall have qualified.
Section 4.
The Congress may by law provide for the case of the death of any of the
persons from whom the House of Representatives may choose a President
whenever the right of choice shall have devolved upon them, and for the
case of the death of any of the persons from whom the Senate may choose
a Vice President whenever the right of choice shall have devolved upon
them.
Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
Section 6.
This article shall be inoperative unless it shall have been ratified as
an amendment to the Constitution by the legislatures of three-fourths
of the several States within seven years from the date of its
submission.
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This
so-called "Lame-Duck" amendment reduced the previous four-month period
between the November elections and the March 4 starting date of
congressional and presidential terms. This ended the custom, when both
terms expired on the same day, that required outgoing presidents to sit
outside the Senate chamber waiting to sign last-minute legislation.
Also, under this amendment, if a presidential election were thrown into
the House of Representatives following a deadlock in the January 6
counting of electoral ballots, that decision would be made by a newly
elected House rather than one set to go out of existence on March 4.
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Amendment XXI (1933)
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Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2.
The transportation or importation into any State, Territory, or
possession of the United States for delivery or use therein of
intoxicating liquors, in violation of the laws thereof, is hereby
prohibited.
Section 3.
This article shall be inoperative unless it shall have been ratified
as an amendment to the Constitution by conventions in the several
States, as provided in the Constitution, within seven years from the
date of the submission hereof to the States by the Congress.
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In repealing Prohibition, this was the only amendment that the states ratified by conventions rather than by legislatures.
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Amendment XXII (1951)
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Section 1.
No person shall be elected to the office of the President more than
twice, and no person who has held the office of President, or acted as
President, for more than two years of a term to which some other person
was elected President shall be elected to the office of the President
more than once. But this Article shall not apply to any person holding
the office of President, when this Article was proposed by the
Congress, and shall not prevent any person who may be holding the
office of President, or acting as President, during the term within
which this Article becomes operative from holding the office of
President or acting as President during the remainder of such term.
Section 2.
This article shall be inoperative unless it shall have been ratified as
an amendment to the Constitution by the legislatures of three-fourths
of the several States within seven years from the date of its
submission to the States by the Congress.
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George
Washington established the custom of presidents serving no longer than
two terms. Following Franklin D. Roosevelt's election to third and
fourth terms, this amendment set a future limit at two terms.
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Amendment XXIII (1961)
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Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:
A
number of electors of President and Vice President equal to the whole
number of Senators and Representatives in Congress to which the
District would be entitled if it were a State, but in no event more
than the least populous State; they shall be in addition to those
appointed by the States, but they shall be considered, for the purposes
of the election of President and Vice President, to be electors
appointed by a State; and they shall meet in the District and perform
such duties as provided by the twelfth article of amendment.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
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In
authorizing the creation of a federal district as seat of government,
the Framers made no provision for the suffrage rights of persons who
resided there. This amendment for the first time, effective with the
1964 election, gave District of Columbia residents the opportunity to
vote for three presidential electors.
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Amendment XXIV (1964)
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Section 1.
The right of citizens of the United States to vote in any primary or
other election for President or Vice President for electors for
President or Vice President, or for Senator or Representative in
Congress, shall not be denied or abridged by the United States or any
State by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
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The
poll tax was the last surviving instance of a property qualification
for the suffrage, and it was in effect, at the time of the adoption of
this amendment, in only five States. The amendment was offered as a
removal of another obstacle to the right to vote.
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Amendment XXV (1967)
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Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2.
Whenever there is a vacancy in the office of the Vice President, the
President shall nominate a Vice President who shall take office upon
confirmation by a majority vote of both Houses of Congress.
Section 3.
Whenever the President transmits to the President pro tempore of the
Senate and the Speaker of the House of Representatives his written
declaration that he is unable to discharge the powers and duties of his
office, and until he transmits to them a written declaration to the
contrary, such powers and duties shall be discharged by the Vice
President as Acting President.
Section 4.
Whenever the Vice President and a majority of either the principal
officers of the executive departments or of such other body as Congress
may by law provide, transmit to the President pro tempore of the Senate
and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers and
duties of his office, the Vice President shall immediately assume the
powers and duties of the office as Acting President.
Thereafter,
when the President transmits to the President pro tempore of the Senate
and the Speaker of the House of Representatives his written declaration
that no inability exists, he shall resume the powers and duties of his
office unless the Vice President and a majority of either the principal
officers of the executive department or of such other body as Congress
may by law provide, transmit within four days to the President pro
tempore of the Senate and the Speaker of the House of Representatives
their written declaration that the President is unable to discharge the
powers and duties of his office. Thereupon Congress shall decide the
issue, assembling within forty-eight hours for that purpose if not in
session. If the Congress, within twenty-one days after receipt of the
latter written declaration, or, if Congress is not in session, within
twenty-one days after Congress is required to assemble, determines by
two-thirds vote of both Houses that the President is unable to
discharge the powers and duties of his office, the Vice President shall
continue to discharge the same as Acting President; otherwise, the
President shall resume the powers and duties of his office.
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This
amendment clarifies the Constitution's previously ambiguous language
about presidential succession, explicitly confirming the long-standing
custom that when a president dies in office the vice president becomes
president, rather than acts as president.
If
the vice presidency becomes vacant, the president may nominate a new
vice president, subject to the confirmation of both the House and
Senate. The amendment also provides procedures for replacing a
president who becomes incapacitated.
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Amendment XXVI (1971)
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Section 1.
The right of citizens of the United States, who are eighteen years of
age or older, to vote shall not be denied or abridged by the United
States or by any State on account of age.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
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During
the Vietnam War, this amendment lowered the voting age in federal and
state elections to 18, the same age at which young men could be drafted
for military service.
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Amendment XXVII (1992)
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No
law varying the compensation for the services of the Senators and
Representatives shall take effect, until an election of Representatives
shall have intervened.
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More
than two hundred years after it was proposed as part of the original
Bill of Rights, this amendment prohibited members of Congress from
receiving an increase in salary until after the next election had been
held.
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S.PUB.103-21
Prepared by the Office of the Secretary of the Senate with the
assistance of Johnny H. Killian of the Library of Congress. |
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