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Documents
In Convention Monday,
September 17th 1787.
Present
The States of
New Hampshire, Massachusetts,
Connecticut, Mr. Hamilton from New York,
New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina,
South Carolina and Georgia.
Resolved,
That the preceeding Constitution be laid before the United States in
Congress assembled, and that it is the Opinion of this Convention,
that it should afterwards be submitted to a Convention of Delegates,
chosen in each State by the People thereof, under the Recommendation
of its Legislature, for their Assent and Ratification; and that each
Convention assenting to, and ratifying the Same, should give Notice
thereof to the United States in Congress assembled. Resolved, That it
is the Opinion of this Convention, that as soon as the Conventions of
nine States shall have ratified this Constitution, the United States
in Congress assembled should fix a Day on which Electors should be
appointed by the States which shall have ratified the same, and a Day
on which the Electors should assemble to vote for the President, and
the Time and Place for commencing Proceedings under this Constitution.
That after such Publication the Electors should be appointed, and the
Senators and Representatives elected: That the Electors should meet on
the Day fixed for the Election of the President, and should transmit
their Votes certified, signed, sealed and directed, as the Constitution
requires, to the Secretary of the United States in Congress assembled,
that the Senators and Representatives should convene at the Time and
Place assigned; that the Senators should appoint a President of the
Senate, for the sole Purpose of receiving, opening and counting the
Votes for President; and, that after he shall be chosen, the Congress,
together with the President, should, without Delay, proceed to execute
this Constitution.
By the unanimous Order of the Convention
Go. WASHINGTON--Presidt.
W. JACKSON Secretary.
*Congress OF THE United States
begun and held at the City of New-York, on Wednesday the fourth of
March, one thousand seven hundred and eighty nine
THE Conventions of a number of the States, having at the time of
their
adopting the Constitution, expressed a desire, in order to prevent
misconstruction or abuse of its powers, that further declaratory and
restrictive clauses should be added: And as extending the ground of
public confidence in the Government, will best ensure the beneficent
ends of its institution:
RESOLVED by the Senate and House of Representatives of the United
States of America, in Congress assembled, two thirds of both Houses
concurring, that the following Articles be proposed to the
Legislatures of the several States, as Amendments to the Constitution
of the United States, all or any of which Articles, when ratified by
three fourths of the said Legislatures, to be valid to all intents
and purposes, as part of the said Constitution; viz.t.
ARTICLES in addition to, and Amendment of the Constitution of the
United States of America, proposed by Congress, and ratified by the
Legislatures of the several States, pursuant to the fifth Article
of the original Constitution.. . .
FREDERICK AUGUSTUS MUHLENBERG
Speaker of the House of Representatives.
JOHN ADAMS, Vice-President of the United States,
and President of the Senate.
ATTEST,
JOHN BECKLEY, Clerk of the House of Representatives.
SAM. A. OTIS, Secretary of the Senate.
*On September 25, 1789, Congress transmitted to the state
legislatures twelve proposed amendments, two of which, having to
do with Congressional representation and Congressional pay, were
not adopted. The remaining ten amendments became the Bill of Rights.
AMENDMENTS TO THE
CONSTITUTION OF THE UNITED STATES OF AMERICA
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.
*The first ten Amendments (Bill of Rights) were ratified effective
December 15, 1791.
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.
Amendment XI.*
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 Eleventh Amendment was ratified February 7, 1795.
the United States by Citizens of another State, or by Citizens or
Subjects of any Foreign State.
Amendment XII.*
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
*The Twelfth Amendment was ratified June 15, 1804.
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.
Amendment XIII.**
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.***
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
* Superseded by section 3 of the Twentieth Amendment.
** The Thirteenth Amendment was ratified December 6, 1865.
*** The Fourteenth Amendment was ratified July 9, 1868.
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.
Amendment XV.*
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.
Amendment XVI.**
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.***
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
* The Fifteenth Amendment was ratified February 3, 1870.
** The Sixteenth Amendment was ratified February 3, 1913.
*** The Seventeenth Amendment was ratified April 8, 1913.
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.*
[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.]
*The Eighteenth Amendment was ratified January 16,
1919. It was repealed by the Twenty-First Amendment,
December 5, 1933.
Amendment XIX.*
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.**
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
*The Nineteenth Amendment was ratified August 18, 1920. **The
Twentieth Amendment was ratified January 23, 1933.
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.*
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.
*The Twenty-First Amendment was ratified December 5, 1933.
Amendment XXII.*
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.
Amendment XXIII.**
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
* The Twenty-Second Amendment was ratified February 27, 1951.
** The Twenty-Third Amendment was ratified March 29, 1961.
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.*
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.
Amendment XXV.**
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 writ-
*The Twenty-Fourth Amendment was ratified January 23, 1964. **The
Twenty-Fifth Amendment was ratified February 10, 1967.
ten 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.*
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.**
No law, varying the compensation for the services of the Senators
and Representatives, shall take effect, until an election of
Representatives shall have intervened.
*The Twenty-Sixth Amendment was ratified July 1, 1971.
**Congress submitted the text of the Twenty-Seventh Amendment to
the States as part of the proposed Bill of Rights on
September 25, 1789. The Amendment was not ratified together with
the first ten Amendments, which became effective on
December 15, 1791. The Twenty-Seventh Amendment was ratified on
May 7, 1992, by the vote of Michigan.
Appendix
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