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The Constitution
Does our Constitution follow the rights as
stated in the Declaration of Independence?
Did not our forefathers have the strength and courage to declare and sacrifice
lives for the freedoms and rights of man? What were the rights for which they
fought and sacrificed?
Our forefathers made a
Declaration of
Independence. What did that document say? What did THEY say?
What do we have today that remains for which they so diligently fought? Does our
constitution guarantee those rights? Does our legal system make
rulings and follow laws which are bound by the confines of our Constitution?
Unalienable Rights of Man
They, our forefathers, said, "We hold these truths to be self-evident, that all men are created equal, that
they are endowed by their Creator with certain unalienable Rights, that among
these are Life, Liberty and the pursuit of Happiness."
Is not this the declaration of the Unalienable
Rights of man? Does our Constitution still guarantee those rights?
Does our legal system, which is bound by our Constitution, still guarantee those rights?
Democracy
They said, "That to secure these
rights, Governments are instituted among Men, deriving their just powers from
the consent of the governed."
Is this not the basis of Democracy? A
democratic society and government is based upon Governments which are instituted,
not by, but among Men, that derive their powers from the consent of the
governed. Only by the grace of the governed do the governments exist and
derive any such powers. What do we have today for a government? Our
Constitution was prepared and given to us following the Declaration of
Independence. What did that very Constitution actually guarantee for a
democracy?
The Right of the People to Alter, Abolish
or Institute a New Government
Our Declaration of Independence is a well
thought and forward thinking document. It applies just as much today as it
did then to the colonists and to any government, society, or country then, now
or in the future.
They said, "That whenever any Form of Government becomes
destructive of these ends, it is the Right of the People to alter or to abolish
it, and to institute new Government, laying its foundation on such principles
and organizing its powers in such form, as to them shall seem most likely to
effect their Safety and Happiness. Prudence, indeed, will dictate that
Governments long established should not be changed for light and transient
causes; and accordingly all experience hath shewn, that mankind are more
disposed to suffer, while evils are sufferable, than to right themselves by
abolishing the forms to which they are accustomed. But when a long train of
abuses and usurpations, pursuing invariably the same Object evinces a design to
reduce them under absolute Despotism, it is their right, it is their duty, to
throw off such Government, and to provide new Guards for their future
security."
Our forefathers prepared and handed their
descendents a document, The Declaration of Independence, which declared the
right of the people to alter, abolish, or institute a new government if at any
time that government no longer affords the rights of mankind. Does our
Constitution, as it exists and is enforced today, uphold and guarantee the
declarations made within the Declaration of Independence?
What follows is our most sacred of documents,
The Constitution of the United
States. This is the document upon which our Democracy is founded. This is
the document by which our Government, our Judicial System and our Legal Systems
are bound. This is the document which was drafted and ratified in order
that it shall protect and uphold the Unalienable Rights of Mankind.
The
Constitution of the United States
Transcription
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.
Article. I.
Section. 1.
All legislative Powers herein granted shall be vested in a Congress of the
United States, which shall consist of a Senate and House of Representatives.
Section. 2.
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.
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.
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.
(Amended in Amendment14) 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.
When vacancies happen in the Representation from any State, the Executive
Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other Officers;
and shall have the sole Power of Impeachment.
Section. 3.
The Senate of the United States shall be composed of two Senators from each
State, chosen by the Legislature
(Amended Amendment 17) thereof for six Years; and each Senator shall have
one Vote.
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.
(Ammended Amendment 17)
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.
The Vice President of the United States shall be President of the Senate, but
shall have no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro
tempore, in the Absence of the Vice President, or when he shall exercise the
Office of President of the United States.
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.
Judgment in Cases of Impeachment shall not extend further than to removal
from Office, and disqualification to hold and enjoy any Office of honor, Trust
or Profit under the United States: but the Party convicted shall nevertheless be
liable and subject to Indictment, Trial, Judgment and Punishment, according to
Law.
Section. 4.
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.
The Congress shall assemble at least once in every Year, and such Meeting
shall be on the first Monday in December
(Amended Amendment 20) , unless they shall by Law appoint a
different Day.
Section. 5.
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.
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.
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.
Neither House, during the Session of Congress, shall, without the Consent of
the other, adjourn for more than three days, nor to any other Place than that in
which the two Houses shall be sitting.
Section. 6.
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.
No Senator or Representative shall, during the Time for which he was elected,
be appointed to any civil Office under the Authority of the United States, which
shall have been created, or the Emoluments whereof shall have been encreased
during such time; and no Person holding any Office under the United States,
shall be a Member of either House during his Continuance in Office.
Section. 7.
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.
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.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and
House of Representatives may be necessary (except on a question of Adjournment)
shall be presented to the President of the United States; and before the Same
shall take Effect, shall be approved by him, or being disapproved by him, shall
be repassed by two thirds of the Senate and House of Representatives, according
to the Rules and Limitations prescribed in the Case of a Bill.
Section. 8.
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;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and
with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the
subject of Bankruptcies throughout the United States;
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;
To establish Post Offices and post Roads;
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;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and
Offences against the Law of Nations;
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;
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;
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
To make all Laws which shall be necessary and proper for carrying into
Execution the foregoing Powers, and all other Powers vested by this Constitution
in the Government of the United States, or in any Department or Officer thereof.
Section. 9.
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.
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.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be
taken. (Amended Amendment 16)
No Tax or Duty shall be laid on Articles exported from any State.
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.
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.
No Title of Nobility shall be granted by the United States: And no Person
holding any Office of Profit or Trust under them, shall, without the Consent of
the Congress, accept of any present, Emolument, Office, or Title, of any kind
whatever, from any King, Prince, or foreign State.
Section. 10.
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.
No State shall, without the Consent of the Congress, lay any Imposts or
Duties on Imports or Exports, except what may be absolutely necessary for
executing it's inspection Laws: and the net Produce of all Duties and Imposts,
laid by any State on Imports or Exports, shall be for the Use of the Treasury of
the United States; and all such Laws shall be subject to the Revision and
Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage,
keep Troops, or Ships of War in time of Peace, enter into any Agreement or
Compact with another State, or with a foreign Power, or engage in War, unless
actually invaded, or in such imminent Danger as will not admit of delay.
Article. II.
Section. 1.
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:
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.
The Electors shall meet in their respective States, and vote by Ballot for two
Persons, of whom one at least shall not be an Inhabitant of the same State with
themselves. And they shall make a List of all the Persons voted for, and of the
Number of Votes for each; which List they shall sign and certify, and transmit
sealed to the Seat of the Government of the United States, directed to the
President of the Senate. The President of the Senate shall, in the Presence of
the Senate and House of Representatives, open all the Certificates, and the
Votes shall then be counted. The Person having the greatest Number of Votes
shall be the President, if such Number be a Majority of the whole Number of
Electors appointed; and if there be more than one who have such Majority, and
have an equal Number of Votes, then the House of Representatives shall
immediately chuse by Ballot one of them for President; and if no Person have a
Majority, then from the five highest on the List the said House shall in like
Manner chuse the President. But in chusing the President, the Votes shall be
taken by States, the Representation from each State having one Vote; A quorum
for this purpose shall consist of a Member or Members from two thirds of the
States, and a Majority of all the States shall be necessary to a Choice. In
every Case, after the Choice of the President, the Person having the greatest
Number of Votes of the Electors shall be the Vice President. But if there should
remain two or more who have equal Votes, the Senate shall chuse from them by
Ballot the Vice President. (Amended Amendment 12)
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.
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.
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.
(Amended Amendment 25)
The President shall, at stated Times, receive for his Services, a
Compensation, which shall neither be increased 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.
Before he enter on the Execution of his Office, he shall take the following
Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully
execute the Office of President of the United States, and will to the best of my
Ability, preserve, protect and defend the Constitution of the United States."
Section. 2.
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.
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.
The President shall have Power to fill up all Vacancies that may happen
during the Recess of the Senate, by granting Commissions which shall expire at
the End of their next Session.
Section. 3.
He shall from time to time give to the Congress Information of the State of
the Union, and recommend to their Consideration such Measures as he shall judge
necessary and expedient; he may, on extraordinary Occasions, convene both
Houses, or either of them, and in Case of Disagreement between them, with
Respect to the Time of Adjournment, he may adjourn them to such Time as he shall
think proper; he shall receive Ambassadors and other public Ministers; he shall
take Care that the Laws be faithfully executed, and shall Commission all the
Officers of the United States.
Section. 4.
The President, Vice President and all civil Officers of the United States,
shall be removed from Office on Impeachment for, and Conviction of, Treason,
Bribery, or other high Crimes and Misdemeanors.
Article III.
Section. 1.
The judicial Power of the United States shall be vested in one supreme Court,
and in such inferior Courts as the Congress may from time to time ordain and
establish. The Judges, both of the supreme and inferior Courts, shall hold their
Offices during good Behaviour, and shall, at stated Times, receive for their
Services a Compensation, which shall not be diminished during their Continuance
in Office.
Section. 2.
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;
(Amended Amendment 11)--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.
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.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury;
and such Trial shall be held in the State where the said Crimes shall have been
committed; but when not committed within any State, the Trial shall be at such
Place or Places as the Congress may by Law have directed.
Section. 3.
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.
Article. IV.
Section. 1.
Full Faith and Credit shall be given in each State to the public Acts,
Records, and judicial Proceedings of every other State. And the Congress may by
general Laws prescribe the Manner in which such Acts, Records and Proceedings
shall be proved, and the Effect thereof.
Section. 2.
The Citizens of each State shall be entitled to all Privileges and Immunities
of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall
flee from Justice, and be found in another State, shall on 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.
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.
(Amended Amendment 13)
Section. 3.
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.
The Congress shall have Power to dispose of and make all needful Rules and
Regulations respecting the Territory or other Property belonging to the United
States; and nothing in this Constitution shall be so construed as to Prejudice
any Claims of the United States, or of any particular State.
Section. 4.
The United States shall guarantee to every State in this Union a Republican
Form of Government, and shall protect each of them against Invasion; and on
Application of the Legislature, or of the Executive (when the Legislature cannot
be convened), against domestic Violence.
Article. V.
The Congress, whenever two thirds of both Houses shall deem it necessary,
shall propose Amendments to this Constitution, or, on the Application of the
Legislatures of two thirds of the several States, shall call a Convention for
proposing Amendments, which, in either Case, shall be valid to all Intents and
Purposes, as Part of this Constitution, when ratified by the Legislatures of
three fourths of the several States, or by Conventions in three fourths thereof,
as the one or the other Mode of Ratification may be proposed by the Congress;
Provided that no Amendment which may be made prior to the Year One thousand
eight hundred and eight shall in any Manner affect the first and fourth Clauses
in the Ninth Section of the first Article; and that no State, without its
Consent, shall be deprived of its equal Suffrage in the Senate.
Article. VI.
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.
Article. VII.
The Ratification of the Conventions of nine States, shall be sufficient for
the Establishment of this Constitution between the States so ratifying the Same.
The Word, "the," being interlined between the seventh and eighth Lines of the
first Page, the Word "Thirty" being partly written on an Erazure in the
fifteenth Line of the first Page, The Words "is tried" being interlined between
the thirty second and thirty third Lines of the first Page and the Word "the"
being interlined between the forty third and forty fourth Lines of the second
Page.
Attest William Jackson Secretary
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,
G°. Washington
Presidt and deputy from Virginia
Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
Maryland
James McHenry
Dan of St Thos. Jenifer
Danl. Carroll
Virginia
John Blair
James Madison Jr.
North Carolina
Wm. Blount
Richd. Dobbs Spaight
Hu Williamson
South Carolina
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler
Georgia
William Few
Abr Baldwin
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
Connecticut
Wm. Saml. Johnson
Roger Sherman
New York
Alexander Hamilton
New Jersey
Wil: Livingston
David Brearley
Wm. Paterson
Jona: Dayton
Pennsylvania
B Franklin
Thomas Mifflin
Robt. Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris
The Bill of Rights: A Transcription
Note: The following text is a transcription of the first ten
amendments to the Constitution in their original form. These amendments were
ratified December 15, 1791, and form what is known as the "Bill of Rights."
Amendment I
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.
Amendment II
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.
Amendment III
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.
Amendment IV
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.
Amendment V
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.
Amendment VI
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.
Amendment VII
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.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be
construed to deny or disparage others retained by the people.
Amendment X
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.
Amendments 11-27
The Constitution: Amendments 11-27
Constitutional Amendments 1-10 make up what is known as The Bill of Rights.
Amendments 11-27 are listed below.
AMENDMENT XI
Passed by Congress March 4, 1794. Ratified February 7, 1795.
Note: Article III, section 2, of the Constitution was modified by
amendment 11.
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.
AMENDMENT XII
Passed by Congress December 9, 1803. Ratified June 15, 1804.
Note: A portion of Article II, section 1 of the Constitution was
superseded by the 12th amendment.
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 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.
*Superseded by section 3 of the 20th amendment.
AMENDMENT XIII
Passed by Congress January 31, 1865. Ratified December 6, 1865.
Note: A portion of Article IV, section 2, of the Constitution was
superseded by the 13th amendment.
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.
AMENDMENT XIV
Passed by Congress June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2, of the Constitution was modified by
section 2 of the 14th amendment.
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 the power to enforce, by appropriate legislation, the
provisions of this article.
*Changed by section 1 of the 26th amendment.
AMENDMENT XV
Passed by Congress February 26, 1869. Ratified February 3, 1870.
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 the power to enforce this article by appropriate
legislation.
AMENDMENT XVI
Passed by Congress July 2, 1909. Ratified February 3, 1913.
Note: Article I, section 9, of the Constitution was modified by
amendment 16.
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.
AMENDMENT XVII
Passed by Congress May 13, 1912. Ratified April 8, 1913.
Note: Article I, section 3, of the Constitution was modified by the
17th amendment.
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.
AMENDMENT XVIII
Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed
by amendment 21.
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.
AMENDMENT XIX
Passed by Congress June 4, 1919. Ratified August 18, 1920.
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.
AMENDMENT XX
Passed by Congress March 2, 1932. Ratified January 23, 1933.
Note: Article I, section 4, of the Constitution was modified by
section 2 of this amendment. In addition, a portion of the 12th amendment was
superseded by section 3.
Section 1.
The terms of the President and the 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 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.
AMENDMENT XXI
Passed by Congress February 20, 1933. Ratified December 5, 1933.
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.
AMENDMENT XXII
Passed by Congress March 21, 1947. Ratified February 27, 1951.
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 President more than once. But this Article shall not
apply to any person holding the office of President when this Article was
proposed by 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.
AMENDMENT XXIII
Passed by Congress June 16, 1960. Ratified March 29, 1961.
Section 1.
The District constituting the seat of Government of the United States shall
appoint in such manner as 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.
AMENDMENT XXIV
Passed by Congress August 27, 1962. Ratified January 23, 1964.
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 poll tax
or other tax.
Section 2.
The Congress shall have power to enforce this article by appropriate
legislation.
AMENDMENT XXV
Passed by Congress July 6, 1965. Ratified February 10, 1967.
Note: Article II, section 1, of the Constitution was affected by the
25th amendment.
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.
AMENDMENT XXVI
Passed by Congress March 23, 1971. Ratified July 1, 1971.
Note: Amendment 14, section 2, of the Constitution was modified by
section 1 of the 26th amendment.
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.
AMENDMENT XXVII
Originally proposed Sept. 25, 1789. Ratified May 7, 1992.
No law, varying the compensation for the services of the Senators and
Representatives, shall take effect, until an election of representatives shall
have intervened.
This was drawn from
U.S.
Government Archives.
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