U.S. Senate: Reference Home > Constitution of the United= States

Constitution of the United States
Pream= ble Article I Article II<= /A> Article III Article IV Article V Article VI&nb= sp;
Article VII= A= MENDMENTS

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 gov= ernment. Its first three words – “We The People” &n= dash; affirm that the government of the United States exists to serve its= citizens. The supremacy of the people through their elected represen= tatives is recognized in Article I, which creates a Congress consisting of= a Senate and a House of Representatives. The positioning of Congress at th= e beginning of the Constitution reaffirms its status as the “First Br= anch” of the federal government.

The Cons= titution 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 Con= stitution 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 pr= ofoundly different from the eighteenth-century world in which its creators= lived.

This ann= otated version of the Constitution provides the original text (left-hand co= lumn) 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

Preamble

We the= People of the United States, in Order to form a more perfect Union, establ= ish Justice, insure domestic Tranquility, provide for the common defense,= promote the general Welfare, and secure the Blessings of Liberty to oursel= ves and our Posterity, do ordain and establish this Constitution for the Un= ited States of America.

The Prea= mble 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
Sectio= n 1 Section 2 S= ection 3 Section 4 Section 5 Section 6 = Section 7
Sectio= n 8 Section 9 = Section 10

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Section 1

All legi= slative Powers herein granted shall be vested in a Congress of the United= States, which shall consist of a Senate and House of Representatives.

The Cons= titution divides the federal government into three branches, giving legisla= tive powers to a bicameral (two chamber) Congress.

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Section 2

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The Hous= e 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.

The Hous= e of Representatives was intended to be "the people's house." Its mem= bers were elected directly by the voters in the states, and the entire Hous= e would have to stand for election every two years.

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No Perso= n shall be a Representative who shall not have attained to the Age of twent= y 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.

Represen= tatives 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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Repr= esentatives and direct Taxes shall be apportioned among the several States= which may be included within this Union, according to their respective Num= bers, which shall be determined by adding to the whole Number of free Perso= ns, including those bound to Service for a Term of Years, and excluding= Indians not taxed, three fifths of all other Persons. The actual En= umeration shall be made within three Years after the first Meeting of the= Congress of the United States, and within every subsequent Term of ten Yea= rs, in such Manner as they shall by Law direct. The Number of Representativ= es shall not exceed one for every thirty Thousand, but each State shall hav= e at Least one Representative; and until such enumeration shall be made, th= e State of New Hampshire shall be entitled to chuse three, Massachusetts ei= ght, Rhode-Island and Providence Plantations one, Connecticut five, New-Yor= k six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Vir= ginia ten, North Carolina five, South Carolina five, and Georgia three.

Membersh= ip 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 cens= us has been taken, House districts are reapportioned to reflect their chang= ing population. For many years the House increased its size as the na= tion’s population grew, but in 1911 the number of representatives was= fixed at 435 (together with non-voting delegates representing several terr= itories and the District of Columbia). Words in italics indicate= provisions that were later dropped from the Constitution. The 13= th amendment abolished slavery and the 14th amendment provided that represe= ntation would be determined according to the whole number of persons in eac= h state, not by the “three-fifths” of the slaves. Since= American Indians are now taxed, they are counted for purposes of apportion= ment.

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When vac= ancies happen in the Representation from any State, the Executive Authority= thereof shall issue Writs of Election to fill such Vacancies.

Vacant= House seats must be filled by election. For the Senate, state govern= ors may fill vacancies.

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The Hous= e of Representatives shall chuse their Speaker and other Officers; and shal= l have the sole Power of Impeachment.

Represen= tatives choose their presiding officer, the Speaker, from among the members= hip of the majority party. Other elected officers, such as the chapla= in, 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 ref= ers the matter to the Senate for a trial.

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Section 3

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The Sena= te 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.

Each sta= te has two senators, regardless of the size of its population. Origin= ally, senators were chosen by state legislatures. In 1913 the 17th am= endment provided that senators would be directly elected by the people.

Immediat= ely after they shall be assembled in Consequence of the first Election, the= y shall be divided as equally as may be into three Classes. The Seats of th= e Senators of the first Class shall be vacated at the Expiration of the sec= ond 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 Executiv= e thereof may make temporary Appointments until the next Meeting of the Leg= islature, which shall then fill such Vacancies.

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 ital= icized parts, regarding the filling of vacancies, were altered by the 17th= amendment.

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No Perso= n 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, wh= en elected, be an Inhabitant of that State for which he shall be chosen.

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.

As the= presiding officer of the Senate, the vice president may vote only to break= a tie.

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The Sena= te 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.

Except= for the Vice President, the Senate elects its own officers. The Pres= ident pro tempore is usually the longest-serving member of the majority par= ty. Other elected officers include a chaplain, secretary of the Senat= e, and sergeant at arms, who are not senators.

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The Sena= te 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 sha= ll be convicted without the Concurrence of two thirds of the Members presen= t.

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 presi= des over the impeachment trial of a president.

Judgment= in Cases of Impeachment shall not extend further than to removal from Offi= ce, and disqualification to hold and enjoy any Office of honor, Trust or Pr= ofit under the United States: but the Party convicted shall nevertheless be= liable and subject to Indictment, Trial, Judgment and Punishment, accordin= g to Law.

Convicte= d persons can be barred from holding future office, and may be subject to= criminal trial in the courts.

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Section 4

The Time= s, Places and Manner of holding Elections for Senators and Representatives,= shall be prescribed in each State by the Legislature thereof; but the Cong= ress may at any time by Law make or alter such Regulations, except as to th= e Places of chusing Senators.

Federal= elections are conducted by the individual states, although Congress has gr= adually enacted laws that regulate those elections. The 17th amendmen= t made the treatment of the election of senators and representatives the sa= me.

The Cong= ress shall assemble at least once in every Year, and such Meeting shall = be on the first Monday in December, unless they shall by Law appoint a= different Day.

The 20th= amendment changed this provision for the convening of Congress from the fi= rst Monday in December to the 3rd of January.

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Section 5

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Each Hou= se 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 Busine= ss; 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.

The Hous= e and Senate decide whether their members are qualified to serve and have= been properly elected, and determine any disputed elections. One-hal= f plus one of each house is necessary to make a quorum to conduct business.=

Each Hou= se may determine the Rules of its Proceedings, punish its Members for disor= derly Behaviour, and, with the Concurrence of two thirds, expel a Member.

The Sena= te 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 Hou= se 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.

The Sena= te and House each publish journals listing bills passed, amendments offered= , motions made, and votes taken. In addition to these journals, Congr= ess publishes an essentially verbatim account of its debates, called the Congressional Record. Videotapes of floor proceedings are deposi= ted 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.

This sec= tion was included to prevent either chamber from blocking legislation throu= gh its refusal to meet. Each chamber takes very seriously its indepen= dence 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 requiremen= t. 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 Sena= tors and Representatives shall receive a Compensation for their Services,= to be ascertained by Law, and paid out of the Treasury of the United State= s. 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 an= y Speech or Debate in either House, they shall not be questioned in any oth= er Place.

The &ldq= uo;speech or debate” clause is a basic protection of members of Congr= ess in a government of separated powers. Inherited from the British= parliament, the right prevents executive oppression of the legislature, an= d here protects members from criminal or civil liability in the performance= of their legislative responsibilities.

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No Senat= or or Representative shall, during the Time for which he was elected, be ap= pointed to any civil Office under the Authority of the United States, which= shall have been created, or the Emoluments whereof shall have been encreas= ed during such time; and no Person holding any Office under the United Stat= es, shall be a Member of either House during his Continuance in Office.

To prese= rve 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 dur= ing 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 Bill= s for raising Revenue shall originate in the House of Representatives; but= the Senate may propose or concur with Amendments as on other Bills.

The Hous= e, 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 Bi= ll which shall have passed the House of Representatives and the Senate, sha= ll, before it become a Law, be presented to the President of the United Sta= tes: If he approve he shall sign it, but if not he shall return it, with hi= s Objections to that House in which it shall have originated, who shall ent= er 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 Nam= es 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 sig= ned it, unless the Congress by their Adjournment prevent its Return, in whi= ch Case it shall not be a Law.

The &ldq= uo;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 sig= ned by the president or passed by a two-thirds vote of Congress over the pr= esident’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.

Every Or= der, 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 Representa= tives, according to the Rules and Limitations prescribed in the Case of a= Bill.

This cla= use prevents Congress from circumventing the previous clause by calling a= bill something else. All it means is that any “order, resoluti= on, 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 Cong= ress 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;

Section= 8 begins the enumerated powers of the federal government delegated to Cong= ress. 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. &nbs= p;This section was supplemented by the 16th amendment, which permitted Cong= ress to levy an income tax.

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To borro= w Money on the credit of the United States;

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 regul= ate Commerce with foreign Nations, and among the several States, and with= the Indian Tribes;

The &ldq= uo;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 transportat= ion. 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 pow= er for congressional legislation dealing with Native Americans.

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To estab= lish an uniform Rule of Naturalization, and uniform Laws on the subject of= Bankruptcies throughout the United States;

Acts of= Congress define the requirements by which immigrants can become citizens.= Only the federal government, not the states, can determine who becom= es a citizen. Bankruptcy laws make provisions for individuals or corp= orations that fail to pay their debts.

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To coin= Money, regulate the Value thereof, and of foreign Coin, and fix the Standa= rd of Weights and Measures;

To provi= de for the Punishment of counterfeiting the Securities and current Coin of= the United States;

These cl= auses permit Congress to coin money and to issue paper currency. By= extension, under its ability to enact laws “necessary and proper&rdq= uo; 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&rsq= uo;s monetary supply.

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To estab= lish Post Offices and post Roads;

The post= al powers embrace all measures necessary to establish the system and to ins= ure the safe and speedy transit and prompt delivery of the mails. Con= gress may also punish those who use the mails for unlawful purposes.

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To promo= te 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;

Copyrigh= t and patent protection of authors and inventors are authorized by this cla= use, although it uses neither word.

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To const= itute Tribunals inferior to the supreme Court;

The Cons= titution provides only for a Supreme Court, and left it to Congress to crea= te lower (“inferior”) courts, and to set their jurisdictions an= d duties.

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To defin= e and punish Piracies and Felonies committed on the high Seas, and Offences= against the Law of Nations;

Every so= vereign nation possesses these powers, and Congress has acted under this au= thority from the beginning.

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To decla= re War, grant Letters of Marque and Reprisal, and make Rules concerning Cap= tures 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 provi= de and maintain a Navy;

To make= Rules for the Government and Regulation of the land and naval Forces;

The &ldq= uo;war powers” are defined here and in Article 2, Section 2. Co= ngress declares war, while the president wages war. However, presiden= ts have committed U.S. forces leading to conflict without congressional dec= laration of war in Korea, Vietnam, and other places, provoking national arg= ument over the meaning of these powers. Congress’ control of fu= nding the military provides another check on the executive branch.

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To provi= de for calling forth the Militia to execute the Laws of the Union, suppress= Insurrections and repel Invasions;

To provi= de 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 prescrib= ed by Congress;

Under th= ese provisions, the right of the states to maintain a militia, including wh= at is now the National Guard, is always subordinate to the power of Congres= s. In 1795 Congress first gave the president authority to call out th= e 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 exerc= ise 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 Unite= d 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 th= e Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Bui= ldings;—And

This cla= use enables Congress to govern the District of Columbia. Congress has= now delegated that power to a locally elected government, subject to feder= al 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 there= of.

The &ldq= uo;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 carr= y out the powers of the other branches, for example to organize and reorgan= ize 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.

This obs= olete provision was designed to protect the slave trade from congressional= restriction for a period of time.

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The Priv= ilege of the Writ of Habeas Corpus shall not be suspended, unless when in= Cases of Rebellion or Invasion the public Safety may require it.

Habe= as 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 onl= y 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.

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 Capit= ation, or other direct, Tax shall be laid, unless in Proportion to the Cens= us or enumeration herein before directed to be taken.

Direct= taxes are poll or “head” taxes and taxes on land. The Su= preme Court once held that income taxes were unconstitutional direct taxes,= a result overturned by the 16th amendment.

No Tax= or Duty shall be laid on Articles exported from any State.

To prohi= bit discrimination against any states or regions, Congress cannot tax goods= exported from a state to foreign countries or those that move between stat= es.

No Prefe= rence 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.

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 mad= e by Law; and a regular Statement and Account of the Receipts and Expenditu= res of all public Money shall be published from time to time.

The depa= rtments 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 th= e Congress, accept of any present, Emolument, Office, or Title, of any kind= whatever, from any King, Prince, or foreign State.

This cla= use was designed to end the aristocratic tendencies that the American Revol= ution had been fought against. Federal officials must turn over to th= e government all but minimal gifts from foreign nations.

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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 Attain= der, ex post facto Law, or Law impairing the Obligation of Contracts, or gr= ant any Title of Nobility.

These pr= ovisions protect national powers from state incursions.

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.

States= may not interfere with the international trade of the United States.

No State= shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troo= ps, 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 actu= ally invaded, or in such imminent Danger as will not admit of delay.

States= cannot levy tonnage duties, which are taxes charged for the privilege of= entering, trading in, or remaining in a port. States may come togeth= er 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
Sectio= n 1 Section 2 S= ection 3 Section 4

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Section 1

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The exec= utive 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:

This cla= use provided the title of the chief executive and defined the term of offic= e. 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 Sta= te shall appoint, in such Manner as the Legislature thereof may direct, a= Number of Electors, equal to the whole Number of Senators and Representati= ves 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 Cons= titution established an electoral college as a compromise between direct po= pular election of the president and election by Congress. The method of sel= ecting electors was left to the states. Electors are now chosen by po= pular vote.

<= A NAME=3D"">

<= A NAME=3D"a2_sec1_c">

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 certif= y, 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 Major= ity of the whole Number of Electors appointed; and if there be more than on= e 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 Presi= dent; 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 chusi= ng 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 al= l the States shall be necessary to a Choice. In every Case, after the Choic= e 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 mo= re who have equal Votes, the Senate shall chuse from them by Ballot the Vic= e-President.

This cla= use was superseded by the 12th amendment, after the election of 1800 in whi= ch Thomas Jefferson and his running mate, Aaron Burr, received identical vo= tes and both claimed the office. After many votes, the House of Representat= ives chose Jefferson, and soon thereafter the amendment was speedily approv= ed.

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<= A NAME=3D"a2_sec1_d">

The Cong= ress 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 Un= ited States.

Congress= has enacted legislation requiring that presidential elections (the selecti= on 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 ele= ctoral ballots on the following January 6.

<= A NAME=3D"">

<= A NAME=3D"a2_sec1_e">

No Perso= n 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 shal= l not have attained to the Age of thirty five Years, and been fourteen Year= s a Resident within the United States.

This cla= use 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.

<= A NAME=3D"">

<= A NAME=3D"a2_sec1_f">

In= Case of the Removal of the President from Office, or of his Death, Resigna= tion, 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.

The 25th= amendment superseded this clause regarding presidential disability, vacanc= y of the office, and methods of succession.

<= A NAME=3D"">

<= A NAME=3D"a2_sec1_g">

The Pres= ident shall, at stated Times, receive for his Services, a Compensation, whi= ch 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.

To prese= rve 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.

<= A NAME=3D"">

<= A NAME=3D"a2_sec1_h">

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 faithfu= lly 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."

The Cons= titution prescribes the oath that presidents must take. By contrast, Congre= ss by statute created the oath taken by other federal officials, including= the vice president.

<= A NAME=3D"">

<= A NAME=3D"a2_sec2">

Section 2

<= A NAME=3D"a2_sec2_a">

The Pres= ident 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 Ser= vice 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 Powe= r to Grant Reprieves and Pardons for Offences against the United States, ex= cept in Cases of Impeachment.

As Comma= nder in Chief, the president controls the military forces. Presidents have= also cited this power as extending to their control of national and foreig= n policy in war and peacetime. Congress may not restrain the president's po= wer to pardon, except in impeachment cases.

<= A NAME=3D"">

<= A NAME=3D"a2_sec2_b2">

He shall= have Power, by and with the Advice and Consent of the Senate, to make Trea= ties, provided two thirds of the Senators present concur; and he shall nomi= nate, and by and with the Advice and Consent of the Senate, shall appoint= Ambassadors, other public Ministers and Consuls, Judges of the supreme Cou= rt, 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 Cons= titution gives the Senate a share in foreign policy by requiring Senate con= sent, 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 ma= y prove controversial.

The pres= ident 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.

<= A NAME=3D"">

<= A NAME=3D"a2_sec2_c">

The Pres= ident 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 En= d of their next Session.

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.

<= A NAME=3D"">

<= A NAME=3D"a2_sec3">

Section 3

<= A NAME=3D"a2_sec3_a">

He shall= from time to time give to the Congress Information on the State of the Uni= on, and recommend to their Consideration such Measures as he shall judge ne= cessary and expedient; he may, on extraordinary Occasions, convene both Hou= ses, or either of them, and in Case of Disagreement between them, with Resp= ect to the Time of Adjournment, he may adjourn them to such Time as he shal= l 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.

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. President= s have frequently summoned Congress into "extra" or "special" sessions, but= they have never exercised the power to adjourn Congress. The law enforceme= nt 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 tha= t Congress passes, and those laws constrain as well as empower the chief ex= ecutive.

<= A NAME=3D"">

<= A NAME=3D"a2_sec4">

Section 4

<= A NAME=3D"a2_sec4_a">

The Pres= ident, Vice President and all Civil Officers of the United States, shall be= removed from Office on Impeachment for, and Conviction of, Treason, Briber= y, or other high Crimes and Misdemeanors.

Impeachm= ent is the ultimate power of Congress to deter and to punish abuse of power= by officers of the executive and judicial branches. Federal judges constit= ute the greater number of impeached and convicted officers. President Andre= w Johnson won acquittal by a single vote, and President Richard Nixon resig= ned before he could be impeached. President Bill Clinton was impeache= d by the House and acquitted by the Senate.

<= A NAME=3D"">

<= A NAME=3D"a3">

Article III
Sectio= n 1 Section 2 S= ection 3

<= A NAME=3D"a3_sec1">

Section 1

<= A NAME=3D"a3_sec1_a">

The judi= cial 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.

This cla= use 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 ri= ght 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 independen= ce, justices and judges are given life tenures, subject only to removal by= impeachment, and a guarantee that their salaries cannot be reduced.

<= A NAME=3D"">

<= A NAME=3D"a3_sec2">

Section 2

<= A NAME=3D"a3_sec2_a">

The judi= cial 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 Ambassa= dors, other public ministers and Consuls;—to all Cases of admiralty= and maritime Jurisdiction;—to Controversies to which the United Stat= es shall be a Party;—to Controversies between two or more States;&mda= sh;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 the= reof, and foreign States, Citizens or Subjects.

The use= of "cases" and "controversies" emphasizes the nature of the judicial= power. These words encompass the concepts of adversity between parties, an= d require that litigants must have suffered injury sufficient to invoke the= power of a federal court.

<= A NAME=3D"">

<= A NAME=3D"a3_sec2_b">

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 Jur= isdiction. 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.

Certain= cases may be brought directly to the Supreme Court without having been hea= rd by another court. Under statute, the Supreme Court also exercises appell= ate review, that is the right to review the decisions of a lower federal or= state court.

<= A NAME=3D"">

<= A NAME=3D"a3_sec2_c">

The Tria= l 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 com= mitted; but when not committed within any State, the Trial shall be at such= Place or Places as the Congress may by Law have directed.

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.

<= A NAME=3D"">

<= A NAME=3D"a3_sec3">

Section 3

<= A NAME=3D"a3_sec3_a">

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 sh= all be convicted of Treason unless on the Testimony of two Witnesses to the= same overt Act, or on Confession in open Court.

The Cong= ress shall have Power to declare the Punishment of Treason, but no Attainde= r of Treason shall work Corruption of Blood, or Forfeiture except during th= e Life of the Person attainted.

This cla= use 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.

<= A NAME=3D"">

<= A NAME=3D"a4">

Article IV
Sectio= n 1 Section 2 S= ection 3 Section 4

<= A NAME=3D"a4_sec1">

Section 1

<= A NAME=3D"a4_sec1_a">

Full Fai= th 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 shal= l be proved, and the Effect thereof.

Each sta= te is required to recognize the laws and records (such as licenses) of othe= r states and to enforce rights in its own courts that would be enforced in= other state courts.

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<= A NAME=3D"a4_sec2">

Section 2

<= A NAME=3D"a4_sec2_a">

The Citi= zens of each State shall be entitled to all Privileges and Immunities of Ci= tizens in the several States.

States= must treat the citizens of other states equally, without discrimination.

<= A NAME=3D"">

<= A NAME=3D"a4_sec2_b">

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 execut= ive Authority of the State from which he fled, be delivered up, to be remov= ed to the State having Jurisdiction of the Crime.

The gove= rnor of a state in which a fugitive is found must return the fugitive to th= e state demanding custody.

<= A NAME=3D"">

<= A NAME=3D"a4_sec2_c">

No= Person held to Service or Labour in one State, under the Laws thereof, esc= aping into another, shall, in Consequence of any Law or Regulation therein,= be discharged from such Service or Labour, but shall be delivered up on Cl= aim of the Party to whom such Service or Labour may be due.

This cla= use, applicable to fleeing slaves, is now obsolete.

<= A NAME=3D"">

<= A NAME=3D"a4_sec3">

Section 3

<= A NAME=3D"a4_sec3_a">

Ne= w 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 Sta= tes, without the Consent of the Legislatures of the States concerned as wel= l as of the Congress.

By acts= of Congress, newly settled or newly acquired areas will be admitted as sta= tes on an equal status with those states already in the Union.

<= A NAME=3D"">

<= A NAME=3D"a4_sec3_b">

The Cong= ress shall have Power to dispose of and make all needful Rules and Regulati= ons respecting the Territory or other Property belonging to the United Stat= es; and nothing in this Constitution shall be so construed as to Prejudice= any Claims of the United States, or of any particular State.

Congress= has charge of the public lands within the states, which in the West consti= tutes an enormous amount of land. Congress also governs acquired territorie= s, which today include Puerto Rico, the Virgin Islands, Guam, and American= Samoa.

<= A NAME=3D"">

<= A NAME=3D"a4_sec4">

Section 4

<= A NAME=3D"a4_sec4_a">

The Unit= ed States shall guarantee to every State in this Union a Republican Form of= Government, and shall protect each of them against Invasion; and on Applic= ation of the Legislature, or of the Executive (when the Legislature cannot= be convened) against domestic Violence.

Under th= is provision, Congress has authorized presidents to send federal troops int= o a state to guarantee law and order.

<= A NAME=3D"">

<= A NAME=3D"a5">

Article V
&nb= sp;

The Cong= ress, whenever two thirds of both Houses shall deem it necessary, shall pro= pose Amendments to this Constitution, or, on the Application of the Legisla= tures of two thirds of the several States, shall call a Convention for prop= osing 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; an= d that no State, without its Consent, shall be deprived of its equal Suffra= ge in the Senate.

The Cons= titution may be amended in two ways. The standard device, used for all amen= dments 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 rati= fied by three-quarters of the states.

<= A NAME=3D"">

<= A NAME=3D"a6">

Article VI
&nb= sp; =

All Debt= s contracted and Engagements entered into, before the Adoption of this Cons= titution, shall be as valid against the United States under this Constituti= on, as under the Confederation.

This Con= stitution, and the Laws of the United States which shall be made in Pursuan= ce thereof; and all Treaties made, or which shall be made, under the Author= ity of the United States, shall be the supreme Law of the Land; and the Jud= ges in every State shall be bound thereby, any Thing in the Constitution or= Laws of any state to the Contrary notwithstanding.

The Sena= tors 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 Affirma= tion, to support this Constitution; but no religious Test shall ever be req= uired as a Qualification to any Office or public Trust under the United Sta= tes.

The new= federal government assumed the financial obligations of the old government= under the Articles of Confederation.

The "sup= remacy clause" is the most important guarantor of national union. It= assures that the Constitution and federal laws and treaties take precedenc= e over state law and binds all judges to adhere to that principle in their= courts.

State an= d federal officials, whether legislative, executive, or judicial, must take= an oath to uphold and defend the Constitution. No religious test, ei= ther an avowal or a repudiation of any religious belief, shall ever be requ= ired of any public officeholder in the United States.

<= A NAME=3D"">

<= A NAME=3D"a7">

Article VII
&nb= sp;

The Rati= fication of the Conventions of nine States, shall be sufficient for the Est= ablishment of this Constitution between the States so ratifying the Same.

The Cons= titutional Convention met under the Government of the Articles of Confedera= tion, which required unanimous assent of all 13 states to change any provis= ions of the Articles. Nevertheless, the Constitution mandated that the new= government would go into effect when nine of the 13 states acted affirmati= vely.

<= A NAME=3D"">

<= A NAME=3D"signature_clause">

<= A NAME=3D"amendments">

AMENDMENTS
= Amendment I (1791)   Amendment II (1791)<= /A>
= Amendment III (1791)   Amendment IV (1791)<= /A>
Am= endment V (1791)   Amendment VI (1791)&= nbsp;
= Amendment VII (1791)   Amendment VIII (17= 91)
= Amendment IX (1791)   Amendment X (1791)=
Amendment XI (1798)   Amendment XII (18= 04)
Amendment XIII (1865)   Amendment XIV= (1868)
Amendment XV (1870)   Amendment XVI (19= 13)
Amendment XVII (1913)   Amendment XVIII= (1919)
Amendment XIX (1920)   Amendment XX (19= 33)
Amendment XXI (1933)   Amendment XXII= (1951)
Amendment XXIII (1961)   Amendment XXIV= (1964)
Amendment XXV (1967)   Amendment XXVI= (1971)
Amendment XXVII (1992)

<= A NAME=3D"amdt_1_(1791)">

Amendment I (1791)

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.

The firs= t ten amendments comprise the Bill of Rights. The first amendment protects= religious freedom by prohibiting the establishment of an official or exclu= sive church or sect. Free speech and free press are protected, although the= y 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.

<= A NAME=3D"">

<= A NAME=3D"amdt_2_(1791)">

Amendment II (1791)

A well= regulated Militia, being necessary to the security of a free State, the ri= ght of the people to keep and bear Arms, shall not be infringed.

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 has long been debated.

<= A NAME=3D"">

<= A NAME=3D"amdt_3_(1791)">

Amendment III (1791)

No Soldi= er 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.=

This vir= tually obsolete provision was in response to anger over the British militar= y practice of quartering soldiers in colonists' homes.

<= A NAME=3D"">

<= A NAME=3D"amdt_4_1791">

Amendment IV (1791)

The righ= t 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 affirm= ation, and particularly describing the place to be searched, and the person= s or things to be seized.

Applying= to arrests and to searches of persons, homes, and other private places, th= is amendment requires a warrant, thereby placing a neutral magistrate betwe= en the police and the citizen.

<= A NAME=3D"">

<= A NAME=3D"amdt_5_1791">

Amendment V (1791)

No perso= n shall be held to answer for a capital, or otherwise infamous crime, unles= s 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 compelle= d 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.

Indictme= nt 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 conv= icted or acquitted, the government cannot place that person on trial again.= The self-incrimination clause means that the prosecution must establish gu= ilt by independent evidence and not by extorting a confession from the susp= ect, 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 seize= s property to use in the public interest, it must pay the owner fair value.=

<= A NAME=3D"">

<= A NAME=3D"amdt_6_1791">

Amendment VI (1791)

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 accu= sation; 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.

Defendan= ts in criminal cases are entitled to public trials that follow relatively= soon after initiation of the charges. Witnesses must be brought to the tri= al to testify before the defendant, judge, and jury. Defendants are also en= titled to compel witnesses on their behalf to appear and testify.

<= A NAME=3D"">

<= A NAME=3D"amdt_7_(1791)">

Amendment VII (1791)

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 ac= cording to the rules of the common law.

Mistrust= ful of judges, the people insisted on the right to jury trial in civil case= s. The minimum level, $20, is so low today that it would burden the federal= judiciary, so various devices have been developed to permit alternative re= solution of disputes.

<= A NAME=3D"">

<= A NAME=3D"amdt_8_(1791)">

Amendment VIII (1791)

Excessiv= e bail shall not be required, nor excessive fines imposed, nor cruel and un= usual punishments inflicted.

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.

<= A NAME=3D"">

<= A NAME=3D"amdt_9_(1791)">

Amendment IX (1791)

The enum= eration in the Constitution, of certain rights, shall not be construed to= deny or disparage others retained by the people.

Failure= of the Constitution to mention a specific right does not mean that the gov= ernment can abridge that right, but its protection has to be found elsewher= e.

<= A NAME=3D"">

<= A NAME=3D"amdt_10_(1791)">

Amendment X (1791)

The powe= rs 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 pe= ople.

The fede= ral government is the recipient of constitutionally delegated powers. = ;What is not delegated remains in the states or in the people.

<= A NAME=3D"">

<= A NAME=3D"amdt_11_(1798)">

Amendment XI (1798)

The Judi= cial power of the United States shall not be construed to extend to any sui= t in law or equity, commenced or prosecuted against one of the United State= s by Citizens of another State, or by Citizens or Subjects of any Foreign= State.

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 amend= ment was rapidly adopted. It provided that states could only be sued= in state courts.

<= A NAME=3D"">

<= A NAME=3D"amdt_12_(1804)">

Amendment XII (1804)

The Elec= tors 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 perso= n 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 fo= r 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 tra= nsmit 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 suc= h 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 number= s not exceeding three on the list of those voted for as President, the Hous= e of Representatives shall choose immediately, by ballot, the President. Bu= t in choosing the President, the votes shall be taken by states, the repres= entation 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 majori= ty 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, th= en 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-P= resident, if such number be a majority of the whole number of Electors appo= inted, 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 pers= on constitutionally ineligible to the office of President shall be eligible= to that of Vice-President of the United States.

After th= e 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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<= A NAME=3D"amdt_13_(1865)">

Amendment XIII (1865)

Sect= ion 1. Neither slavery nor involuntary servitude, except as a punishmen= t for crime whereof the party shall have been duly convicted, shall exist= within the United States, or any place subject to their jurisdiction.

Sect= ion 2. Congress shall have power to enforce this article by appropriate= legislation.

Presiden= t Lincoln's Emancipation Proclamation did not apply to slavery in the state= s that had not seceded. To abolish slavery entirely, Congress proposed this= amendment, which also gave Congress specific authority to enforce the amen= dment by legislation. Under these provisions, Congress has legislated again= st slavery-like conditions, such as peonage.

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<= A NAME=3D"amdt_14_(1868)">

Amendment XIV (1868)

Sect= ion 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 sh= all abridge the privileges or immunities of citizens of the United States;= nor shall any State deprive any person of life, liberty, or property, with= out due process of law; nor deny to any person within its jurisdiction the= equal protection of the laws.

Sect= ion 2. Representatives shall be apportioned among the several States ac= cording 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 Judic= ial officers of a State, or the members of the Legislature thereof, is deni= ed to any of the male inhabitants of such State, being twenty-one ye= ars of age, and citizens of the United States, or in any way abridged, exce= pt for participation in rebellion, or other crime, the basis of representat= ion therein shall be reduced in the proportion which the number of such mal= e citizens shall bear to the whole number of male citizens twenty-one years= of age in such State.

Sect= ion 3. No person shall be a Senator or Representative in Congress, or= elector of President and Vice President, or hold any office, civil or mili= tary, 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 Sta= tes, or as a member of any State legislature, or as an executive or judicia= l 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-t= hirds of each House, remove such disability.

Sect= ion 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 Uni= ted 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.

Sect= ion 5. The Congress shall have power to enforce, by appropriate legisla= tion, the provisions of this article.

In the= Dred Scott decision of 1857, the Supreme Court had said that Africa= n-Americans were not citizens. This amendment declared that every person bo= rn 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 amendme= nt also establishes that all citizens are entitled to "equal protection of= the laws," the provision which the Supreme Court cited in Brown v. Boar= d of Education in 1954, ruling school segregation unconstitutional.

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<= A NAME=3D"amdt_15_(1870)">

Amendment XV (1870)

Sect= ion 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.

Sect= ion 2. The Congress shall have power to enforce this article by appropr= iate legislation.

This ame= ndment 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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<= A NAME=3D"amdt_16_(1913)">

Amendment XVI (1913)

The Cong= ress shall have power to lay and collect taxes on incomes, from whatever so= urce derived, without apportionment among the several States, and without= regard to any census or enumeration.

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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<= A NAME=3D"amdt_17_(1913)">

Amendment XVII (1913)

The Sena= te 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 requisi= te for electors of the most numerous branch of the State legislatures.

When vac= ancies happen in the representation of any State in the Senate, the executi= ve authority of such State shall issue writs of election to fill such vacan= cies: 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 ame= ndment 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.

The orig= inal system of having state legislatures elect U.S. senators began to break= down with the growth of political parties in the mid-19th century. D= isagreements between and within parties produced deadlocks that delayed sta= te legislative business and left states without their full Senate represent= ation, often for lengthy periods. This amendment provides for senators to= be elected the way members of the House are—by direct election of th= e people.

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<= A NAME=3D"amdt_18_(1919)">

Amendment XVIII (1919)

S= ection 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.

S= ection 2. The Congress and the several States shall have concurr= ent power to enforce this article by appropriate legislation.

S= ection 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 fr= om the date of the submission hereof to the States by the Congress.

The "nob= le experiment" of Prohibition was instituted by this amendment, only to be= repealed 14 years later by the 21st amendment.

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<= A NAME=3D"amdt_19_(1920)">

Amendment XIX (1920)

The righ= t 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.

The Cons= titution 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 guarantee= ing women this right.

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<= A NAME=3D"amdt_20_(1933)">

Amendment XX (1933)

Sect= ion 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.

Sect= ion 2. The Congress shall assemble at least once in every year, and suc= h meeting shall begin at noon on the 3d day of January, unless they shall= by law appoint a different day.

Sect= ion 3. If, at the time fixed for the beginning of the term of the Presi= dent, the President elect shall have died, the Vice President elect shall= become President. If a President shall not have been chosen before the tim= e 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 un= til 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 ma= nner in which one who is to act shall be selected, and such person shall ac= t accordingly until a President or Vice President shall have qualified.

Sect= ion 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 Preside= nt 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.=

Sect= ion 5. Sections 1 and 2 shall take effect on the 15th day of October fo= llowing the ratification of this article.

Sect= ion 6. This article shall be inoperative unless it shall have been rati= fied as an amendment to the Constitution by the legislatures of three-fourt= hs of the several States within seven years from the date of its submission= .

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 cham= ber waiting to sign last-minute legislation. Also, under this amendment, if= a presidential election were thrown into the House of Representatives foll= owing a deadlock in the January 6 counting of electoral ballots, that decis= ion would be made by a newly elected House rather than one set to go out of= existence on March 4.

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<= A NAME=3D"amdt_21_(1933)">

Amendment XXI (1933)

Sect= ion 1. The eighteenth article of amendment to the Constitution of the= United States is hereby repealed.

Sect= ion 2. The transportation or importation into any State, Territor= y, or possession of the United States for delivery or use therein of intoxi= cating liquors, in violation of the laws thereof, is hereby prohibited.

Sect= ion 3. This article shall be inoperative unless it shall have bee= n ratified as an amendment to the Constitution by conventions in the severa= l States, as provided in the Constitution, within seven years from the date= of the submission hereof to the States by the Congress.

In repea= ling Prohibition, this was the only amendment that the states ratified by= conventions rather than by legislatures.

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<= A NAME=3D"amdt_22_(1951)">

Amendment XXII (1951)

Sect= ion 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 offi= ce 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 acti= ng as President, during the term within which this Article becomes operativ= e from holding the office of President or acting as President during the re= mainder of such term.

Sect= ion 2. This article shall be inoperative unless it shall have been rati= fied as an amendment to the Constitution by the legislatures of three-fourt= hs of the several States within seven years from the date of its submission= to the States by the Congress.

George= Washington established the custom of presidents serving no longer than two= terms. Following Franklin D. Roosevelt's election to third and fourth term= s, this amendment set a future limit at two terms.

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<= A NAME=3D"amdt_23_(1961)">

Amendment XXIII (1961)

Sect= ion 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 en= titled if it were a State, but in no event more than the least populous Sta= te; they shall be in addition to those appointed by the States, but they sh= all 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 ame= ndment.

Sect= ion 2. The Congress shall have power to enforce this article by appropr= iate legislation.

In autho= rizing the creation of a federal district as seat of government, the Framer= s 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 president= ial electors.

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<= A NAME=3D"amdt_24_(1964)">

Amendment XXIV (1964)

Sect= ion 1. The right of citizens of the United States to vote in any primar= y or other election for President or Vice President for electors for Presid= ent 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.

Sect= ion 2. The Congress shall have power to enforce this article by appropr= iate legislation.

The poll= tax was the last surviving instance of a property qualification for the su= ffrage, 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 ob= stacle to the right to vote.

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<= A NAME=3D"amdt_25_(1967)">

Amendment XXV (1967)

Sect= ion 1. In case of the removal of the President from office or of his de= ath or resignation, the Vice President shall become President.

Sect= ion 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.

Sect= ion 3. Whenever the President transmits to the President pro tempore of= the Senate and the Speaker of the House of Representatives his written dec= laration 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, suc= h powers and duties shall be discharged by the Vice President as Acting Pre= sident.

Sect= ion 4. Whenever the Vice President and a majority of either the princip= al 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 an= d the Speaker of the House of Representatives their written declaration tha= t 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.

Thereaft= er, when the President transmits to the President pro tempore of the Senate= and the Speaker of the House of Representatives his written declaration th= at 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 Sen= ate and the Speaker of the House of Representatives their written declarati= on 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 tw= enty-one days after receipt of the latter written declaration, or, if Congr= ess 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 Presi= dent shall continue to discharge the same as Acting President; otherwise,= the President shall resume the powers and duties of his office.

This ame= ndment clarifies the Constitution's previously ambiguous language about pre= sidential succession, explicitly confirming the long-standing custom that= when a president dies in office the vice president becomes president, rath= er than acts as president.

If the= vice presidency becomes vacant, the president may nominate a new vice pres= ident, 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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<= A NAME=3D"amdt_26_(1971)">

Amendment XXVI (1971)

Sect= ion 1. The right of citizens of the United States, who are eighteen yea= rs of age or older, to vote shall not be denied or abridged by the United= States or by any State on account of age.

Sect= ion 2. The Congress shall have power to enforce this article by appropr= iate legislation.

During= the Vietnam War, this amendment lowered the voting age in federal and stat= e elections to 18, the same age at which young men could be drafted for mil= itary service.

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<= A NAME=3D"amdt_27_(1992)">

Amendment XXVII (1992)

No law= varying the compensation for the services of the Senators and Representati= ves shall take effect, until an election of Representatives shall have inte= rvened.

More tha= n two hundred years after it was proposed as part of the original Bill of= Rights, this amendment prohibited members of Congress from receiving an in= crease 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 Sen= ate with the assistance of Johnny H. Killian of the Library of Congress.


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