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CONSTITUTION OF THE UNITED STATES OF AMERICA - 1787
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE V11
BILL OF RIGHTS
AMENDMENTS 11 TO END
AMENDMENTS NOT RATIFIED
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CONSTITUTION OF THE UNITED STATES OF AMERICA - 1787
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CONSTITUTION OF THE UNITED STATES OF AMERICA - 1787 (1)
We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide
for the common defence, promote the general Welfare, and secure
the Blessings of Liberty to ourselves and our Posterity, do
ordain and establish this Constitution for the United States of
America.
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ARTICLE. I.
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Section 1. All legislative Powers herein granted shall be vested
in a Congress of the United States, which shall consist of a Senate
and House of Representatives.
(1) This text of the Constitution follows the engrossed
copy signed by Gen. Washington and the deputies from 12
States. The small superior figures preceding the paragraphs
designate clauses, and were not in the original and have no
reference to footnotes.
In May 1785, a committee of Congress made a report
recommending an alteration in the Articles of Confederation,
but no action was taken on it, and it was left to the State
Legislatures to proceed in the matter. In January 1786, the
Legislature of Virginia passed a resolution providing for the
appointment of five commissioners, who, or any three of them,
should meet such commissioners as might be appointed in the
other States of the Union, at a time and place to be agreed
upon, to take into consideration the trade of the United
States; to consider how far a uniform system in their
commercial regulations may be necessary to their common
interest and their permanent harmony; and to report to the
several States such an act, relative to this great object,
as, when ratified by them, will enable the United States in
Congress effectually to provide for the same. The Virginia
commissioners, after some correspondence, fixed the first
Monday in September as the time, and the city of Annapolis as
the place for the meeting, but only four other States were
represented, viz: Delaware, New York, New Jersey, and
Pennsylvania; the commissioners appointed by Massachusetts,
New Hampshire, North Carolina, and Rhode Island failed to
attend. Under the circumstances of so partial a
representation, the commissioners present agreed upon a
report, (drawn by Mr. Hamilton, of New York,) expressing
their unanimous conviction that it might essentially tend to
advance the interests of the Union if the States by which
they were respectively delegated would concur, and use their
endeavors to procure the concurrence of the other States, in
the appointment of commissioners to meet at Philadelphia on
the Second Monday of May following, to take into
consideration the situation of the United States; to devise
such further provisions as should appear to them necessary to
render the Constitution of the Federal Government adequate to
the exigencies of the Union; and to report such an act for
that purpose to the United States in Congress assembled as,
when agreed to by them and afterwards confirmed by the
Legislatures of every State, would effectually provide for
the same.
Congress, on the 21st of February, 1787, adopted a
resolution in favor of a convention, and the Legislatures of
those States which had not already done so (with the
exception of Rhode Island) promptly appointed delegates. On
the 25th of May, seven States having convened, George
Washington, of Virginia, was unanimously elected President,
and the consideration of the proposed constitution was
commenced. On the 17th of September, 1787, the Constitution
as engrossed and agreed upon was signed by all the members
present, except Mr. Gerry of Massachusetts, and Messrs. Mason
and Randolph, of Virginia. The president of the convention
transmitted it to Congress, with a resolution stating how the
proposed Federal Government should be put in operation, and
an explanatory letter. Congress, on the 28th of September,
1787, directed the Constitution so framed, with the
resolutions and letter concerning the same, to ''be
transmitted to the several Legislatures in order to be
submitted to a convention of delegates chosen in each State
by the people thereof, in conformity to the resolves of the
convention.''
On the 4th of March, 1789, the day which had been fixed for
commencing the operations of Government under the new
Constitution, it had been ratified by the conventions chosen
in each State to consider it, as follows: Delaware, December
7, 1787; Pennsylvania, December 12, 1787; New Jersey,
December 18, 1787; Georgia, January 2, 1788; Connecticut,
January 9, 1788; Massachusetts, February 6, 1788; Maryland,
April 28, 1788; South Carolina, May 23, 1788; New Hampshire,
June 21, 1788; Virginia, June 25, 1788; and New York, July
26, 1788.
The President informed Congress, on the 28th of January,
1790, that North Carolina had ratified the Constitution
November 21, 1789; and he informed Congress on the 1st of
June, 1790, that Rhode Island had ratified the Constitution
May 29, 1790. Vermont, in convention, ratified the
Constitution January 10, 1791, and was, by an act of Congress
approved February 18, 1791, ''received and admitted into this
Union as a new and entire member of the United States.''
Section. 2. (1) The House of Representatives shall be composed of
Members chosen every second Year by the People of the several
States, and the Electors in each State shall have the
Qualifications requisite for Electors of the most numerous Branch
of the State Legislature.
(2) No Person shall be a Representative who shall not have
attained to the Age of twenty five Years, and been seven Years a
Citizen of the United States, and who shall not, when elected, be
an Inhabitant of that State in which he shall be chosen.
(3) Representatives and direct Taxes shall be apportioned among
the several States which may be included within this Union,
according to their respective Numbers, which shall be determined by
adding to the whole Number of free Persons, including those bound
to Service for a Term of Years, and excluding Indians not taxed,
three fifths of all other Persons. (2) The actual Enumeration shall
be made within three Years after the first Meeting of the Congress
of the United States, and within every subsequent Term of ten
Years, in such Manner as they shall by Law direct. The Number of
Representatives shall not exceed one for every thirty Thousand, but
each State shall have at Least one Representative; and until such
enumeration shall be made, the State of New Hampshire shall be
entitled to chuse three, Massachusetts eight, Rhode-Island and
Providence Plantations one, Connecticut five, New-York six, New
Jersey four, Pennsylvania eight, Delaware one, Maryland six,
Virginia ten, North Carolina five, South Carolina five, and Georgia
three.
(2) The part of this clause relating to the mode of
apportionment of representatives among the several States has
been affected by section 2 of amendment XIV, and as to taxes
on incomes without apportionment by amendment XVI.
(4) When vacancies happen in the Representation from any State,
the Executive Authority thereof shall issue Writs of Election to
fill such Vacancies.
(5) The House of Representatives shall chuse their Speaker and
other Officers; and shall have the sole Power of Impeachment.
Section. 3. (1) The Senate of the United States shall be composed
of two Senators from each State, chosen by the Legislature thereof,
(3) for six Years; and each Senator shall have one Vote.
(3) This clause has been affected by clause 1 of amendment
XVII.
(2) Immediately after they shall be assembled in Consequence of
the first Election, they shall be divided as equally as may be into
three Classes. The Seats of the Senators of the first Class shall
be vacated at the Expiration of the second Year, of the second
Class at the Expiration of the fourth Year, and of the third Class
at the Expiration of the sixth Year, so that one third may be
chosen every second Year; and if Vacancies happen by Resignation,
or otherwise, during the Recess of the Legislature of any State,
the Executive thereof may make temporary Appointments until the
next Meeting of the Legislature, which shall then fill such
Vacancies. (4)
(4) This clause has been affected by clause 2 of amendment
XVIII.
(3) No Person shall be a Senator who shall not have attained to
the Age of thirty Years, and been nine Years a Citizen of the
United States, and who shall not, when elected, be an Inhabitant of
that State for which he shall be chosen.
(4) The Vice President of the United States shall be President
of the Senate, but shall have no Vote, unless they be equally
divided.
(5) The Senate shall chuse their other Officers, and also a
President pro tempore, in the Absence of the Vice President, or
when he shall exercise the Office of President of the United
States.
(6) The Senate shall have the sole Power to try all
Impeachments. When sitting for that Purpose, they shall be on Oath
or Affirmation. When the President of the United States is tried,
the Chief Justice shall preside: And no Person shall be convicted
without the Concurrence of two thirds of the Members present.
(7) Judgment in Cases of Impeachment shall not extend further
than to removal from Office, and disqualification to hold and enjoy
any Office of honor, Trust or Profit under the United States: but
the Party convicted shall nevertheless be liable and subject to
Indictment, Trial, Judgment and Punishment, according to Law.
Section. 4. (1) The Times, Places and Manner of holding Elections
for Senators and Representatives, shall be prescribed in each State
by the Legislature thereof; but the Congress may at any time by Law
make or alter such Regulations, except as to the Places of chusing
Senators.
(2) The Congress shall assemble at least once in every Year, and
such Meeting shall be on the first Monday in December, (5) unless
they shall by Law appoint a different Day.
(5) This clause has been affected by amendment XX.
Section. 5. (1) Each House shall be the Judge of the Elections,
Returns and Qualifications of its own Members, and a Majority of
each shall constitute a Quorum to do Business; but a smaller Number
may adjourn from day to day, and may be authorized to compel the
Attendance of absent Members, in such Manner, and under such
Penalties as each House may provide.
(2) Each House may determine the Rules of its Proceedings,
punish its Members for disorderly Behaviour, and, with the
Concurrence of two thirds, expel a Member.
(3) Each House shall keep a Journal of its Proceedings, and from
time to time publish the same, excepting such Parts as may in their
Judgment require Secrecy; and the Yeas and Nays of the Members of
either House on any question shall, at the Desire of one fifth of
those Present, be entered on the Journal.
(4) Neither House, during the Session of Congress, shall,
without the Consent of the other, adjourn for more than three days,
nor to any other Place than that in which the two Houses shall be
sitting.
Section. 6. (1) The Senators and Representatives shall receive a
Compensation for their Services, to be ascertained by Law, and paid
out of the Treasury of the United States. (6) They shall in all
Cases, except Treason, Felony and Breach of the Peace, be
privileged from Arrest during their Attendance at the Session of
their respective Houses, and in going to and returning from the
same; and for any Speech or Debate in either House, they shall not
be questioned in any other Place.
(6) This clause has been affected by amendment XXVII.
(2) No Senator or Representative shall, during the Time for
which he was elected, be appointed to any civil Office under the
Authority of the United States, which shall have been created, or
the Emoluments whereof shall have been encreased during such time;
and no Person holding any Office under the United States, shall be
a Member of either House during his Continuance in Office.
Section. 7. (1) All Bills for raising Revenue shall originate in
the House of Representatives; but the Senate may propose or concur
with Amendments as on other Bills.
(2) Every Bill which shall have passed the House of
Representatives and the Senate, shall, before it become a Law, be
presented to the President of the United States; If he approve he
shall sign it, but if not he shall return it, with his Objections
to that House in which it shall have originated, who shall enter
the Objections at large on their Journal, and proceed to reconsider
it. If after such Reconsideration two thirds of that House shall
agree to pass the Bill, it shall be sent, together with the
Objections, to the other House, by which it shall likewise be
reconsidered, and if approved by two thirds of that House, it shall
become a Law. But in all such Cases the Votes of both Houses shall
be determined by yeas and Nays, and the Names of the Persons voting
for and against the Bill shall be entered on the Journal of each
House respectively. If any Bill shall not be returned by the
President within ten Days (Sundays excepted) after it shall have
been presented to him, the Same shall be a Law, in like Manner as
if he had signed it, unless the Congress by their Adjournment
prevent its Return, in which Case it shall not be a Law.
(3) Every Order, Resolution, or Vote to which the Concurrence of
the Senate and House of Representatives may be necessary (except on
a question of Adjournment) shall be presented to the President of
the United States; and before the Same shall take Effect, shall be
approved by him, or being disapproved by him, shall be repassed by
two thirds of the Senate and House of Representatives, according to
the Rules and Limitations prescribed in the Case of a Bill.
Section. 8. (1) The Congress shall have Power To lay and collect
Taxes, Duties, Imposts and Excises, to pay the Debts and provide
for the common Defence and general Welfare of the United States;
but all Duties, Imposts and Excises shall be uniform throughout the
United States;
(2) To borrow Money on the credit of the United States;
(3) To regulate Commerce with foreign Nations, and among the
several States, and with the Indian Tribes;
(4) To establish an uniform Rule of Naturalization, and uniform
Laws on the subject of Bankruptcies throughout the United States;
(5) To coin Money, regulate the Value thereof, and of foreign
Coin, and fix the Standard of Weights and Measures;
(6) To provide for the Punishment of counterfeiting the
Securities and current Coin of the United States;
(7) To establish Post Offices and post Roads;
(8) To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the exclusive
Right to their respective Writings and Discoveries;
(9) To constitute Tribunals inferior to the supreme Court;
(01) To define and punish Piracies and Felonies committed on the
high Seas, and Offences against the Law of Nations;
(11) To declare War, grant Letters of Marque and Reprisal, and
make Rules concerning Captures on Land and Water;
(12) To raise and support Armies, but no Appropriation of Money
to that Use shall be for a longer Term than two Years;
(13) To provide and maintain a Navy;
(14) To make Rules for the Government and Regulation of the land
and naval Forces;
(15) To provide for calling forth the Militia to execute the
Laws of the Union, suppress Insurrections and repel Invasions;
(16) To provide for organizing, arming, and disciplining, the
Militia, and for governing such Part of them as may be employed in
the Service of the United States, reserving to the States
respectively, the Appointment of the Officers, and the Authority of
training the Militia according to the discipline prescribed by
Congress;
(17) To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles square) as may, by
Cession of particular States, and the Acceptance of Congress,
become the Seat of the Government of the United States, and to
exercise like Authority over all Places purchased by the Consent of
the Legislature of the State in which the Same shall be, for the
Erection of Forts, Magazines, Arsenals, dock-Yards, and other
needful Buildings; - And
(18) To make all Laws which shall be necessary and proper for
carrying into Execution the foregoing Powers, and all other Powers
vested by this Constitution in the Government of the United States,
or in any Department or Officer thereof.
Section. 9. (1) The Migration or Importation of such Persons as
any of the States now existing shall think proper to admit, shall
not be prohibited by the Congress prior to the Year one thousand
eight hundred and eight, but a Tax or duty may be imposed on such
Importation, not exceeding ten dollars for each Person.
(2) The Privilege of the Writ of Habeas Corpus shall not be
suspended, unless when in Cases of Rebellion or Invasion the public
Safety may require it.
(3) No Bill of Attainder or ex post facto Law shall be passed.
(4) No Capitation, or other direct, Tax shall be laid, unless in
Proportion to the Census or Enumeration herein before directed to
be taken. (7)
(7) This clause has been affected by amendment XVI.
(5) No Tax or Duty shall be laid on Articles exported from any
State.
(6) No Preference shall be given by any Regulation of Commerce
or Revenue to the Ports of one State over those of another: nor
shall Vessels bound to, or from, one State, be obliged to enter,
clear, or pay Duties in another.
(7) No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law; and a regular Statement
and Account of the Receipts and Expenditures of all public Money
shall be published from time to time.
(8) No Title of Nobility shall be granted by the United States:
And no Person holding any Office of Profit or Trust under them,
shall, without the Consent of the Congress, accept of any present,
Emolument, Office, or Title, of any kind whatever, from any King,
Prince, or foreign State.
Section. 10. (1) No State shall enter into any Treaty, Alliance,
or Confederation; grant Letters of Marque and Reprisal; coin Money;
emit Bills of Credit; make any Thing but gold and silver Coin a
Tender in Payment of Debts; pass any Bill of Attainder, ex post
facto Law, or Law impairing the Obligation of Contracts, or grant
any Title of Nobility.
(2) No State shall, without the Consent of the Congress, lay any
Imposts or Duties on Imports or Exports, except what may be
absolutely necessary for executing it's inspection Laws: and the
net Produce of all Duties and Imposts, laid by any State on Imports
or Exports, shall be for the Use of the Treasury of the United
States; and all such Laws shall be subject to the Revision and
Controul of the Congress.
(3) No State shall, without the Consent of Congress, lay any
Duty of Tonnage, keep Troops, or Ships of War in time of Peace,
enter into any Agreement or Compact with another State, or with a
foreign Power, or engage in War, unless actually invaded, or in
such imminent Danger as will not admit of delay.
ARTICLE. II.
Section. 1. (1) The executive Power shall be vested in a
President of the United States of America. He shall hold his Office
during the Term of four Years, and, together with the Vice
President, chosen for the same Term, be elected, as follows
(2) Each State shall appoint, in such Manner as the Legislature
thereof may direct, a Number of Electors, equal to the whole Number
of Senators and Representatives to which the State may be entitled
in the Congress: but no Senator or Representative, or Person
holding an Office of Trust or Profit under the United States, shall
be appointed an Elector.
(3) The Electors shall meet in their respective States, and vote
by Ballot for two Persons, of whom one at least shall not be an
Inhabitant of the same State with themselves. And they shall make
a List of all the Persons voted for, and of the Number of Votes for
each; which List they shall sign and certify, and transmit sealed
to the Seat of the Government of the United States, directed to the
President of the Senate. The President of the Senate shall, in the
Presence of the Senate and House of Representatives, open all the
Certificates, and the Votes shall then be counted. The Person
having the greatest Number of Votes shall be the President, if such
Number be a Majority of the whole Number of Electors appointed; and
if there be more than one who have such Majority, and have an equal
Number of Votes, then the House of Representatives shall
immediately chuse by Ballot one of them for President; and if no
Person have a Majority, then from the five highest on the List the
said House shall in like Manner chuse the President. But in chusing
the President, the Votes shall be taken by States, the
Representation from each State having one Vote; A quorum for this
Purpose shall consist of a Member or Members from two thirds of the
States, and a Majority of all the States shall be necessary to a
Choice. In every Case, after the Choice of the President, the
Person having the greatest Number of Votes of the Electors shall be
the Vice President. But if there should remain two or more who have
equal Votes, the Senate shall chuse from them by Ballot the Vice
President. (8)
(8) This clause has been superseded by amendment XII.
(4) The Congress may determine the Time of chusing the Electors,
and the Day on which they shall give their Votes; which Day shall
be the same throughout the United States.
(5) No Person except a natural born Citizen, or a Citizen of the
United States, at the time of the Adoption of this Constitution,
shall be eligible to the Office of President; neither shall any
Person be eligible to that Office who shall not have attained to
the Age of thirty five Years, and been fourteen Years a Resident
within the United States.
(6) In Case of the Removal of the President from Office, or of
his Death, Resignation, or Inability to discharge the Powers and
Duties of the said Office, (9) 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.
(9) This clause has been affected by amendment XXV.
(7) The President shall, at stated Times, receive for his
Services, a Compensation, which shall neither be encreased nor
diminished during the Period for which he shall have been elected,
and he shall not receive within that Period any other Emolument
from the United States, or any of them.
(8) Before he enter on the Execution of his Office, he shall
take the following Oath or Affirmation: - ''I do solemnly swear (or
affirm) that I will faithfully execute the Office of President of
the United States, and will to the best of my Ability, preserve,
protect and defend the Constitution of the United States.''
Section. 2. (1) The President shall be Commander in Chief of the
Army and Navy of the United States, and of the Militia of the
several States, when called into the actual Service of the United
States; he may require the Opinion, in writing, of the principal
Officer in each of the executive Departments, upon any Subject
relating to the Duties of their respective Offices, and he shall
have Power to grant Reprieves and Pardons for Offences against the
United States, except in Cases of Impeachment.
(2) He shall have Power, by and with the Advice and Consent of
the Senate, to make Treaties, provided two thirds of the Senators
present concur; and he shall nominate, and by and with the Advice
and Consent of the Senate, shall appoint Ambassadors, other public
Ministers and Consuls, Judges of the supreme Court, and all other
Officers of the United States, whose Appointments are not herein
otherwise provided for, and which shall be established by Law: but
the Congress may by Law vest the Appointment of such inferior
Officers, as they think proper, in the President alone, in the
Courts of Law, or in the Heads of Departments.
(3) The President shall have Power to fill up all Vacancies that
may happen during the Recess of the Senate, by granting Commissions
which shall expire at the End of their next Session.
Section. 3. He shall from time to time give to the Congress
Information of the State of the Union, and recommend to their
Consideration such Measures as he shall judge necessary and
expedient; he may, on extraordinary Occasions, convene both Houses,
or either of them, and in Case of Disagreement between them, with
Respect to the Time of Adjournment, he may adjourn them to such
Time as he shall think proper; he shall receive Ambassadors and
other public Ministers; he shall take Care that the Laws be
faithfully executed, and shall Commission all the Officers of the
United States.
Section. 4. The President, Vice President and all civil Officers
of the United States, shall be removed from Office on Impeachment
for, and Conviction of, Treason, Bribery, or other high Crimes and
Misdemeanors.
ARTICLE. III.
Section. 1. The judicial Power of the United States, shall be
vested in one supreme Court, and in such inferior Courts as the
Congress may from time to time ordain and establish. The Judges,
both of the supreme and inferior Courts, shall hold their Offices
during good Behaviour, and shall, at stated Times, receive for
their Services, a Compensation, which shall not be diminished
during their Continuance in Office.
Section. 2. (1) The judicial Power shall extend to all Cases, in
Law and Equity, arising under this Constitution, the Laws of the
United States, and Treaties made, or which shall be made, under
their Authority; - to all Cases affecting Ambassadors, other public
Ministers and Consuls; - to all Cases of admiralty and maritime
Jurisdiction; - to Controversies to which the United States shall
be a Party; - to Controversies between two or more States; -
between a State and Citizens of another State; (10) - between
Citizens of different States, - between Citizens of the same State
claiming Lands under Grants of different States, and between a
State, or the Citizens thereof, and foreign States, Citizens or
Subjects.
(10) This clause has been affected by amendment XI.
(2) In all Cases affecting Ambassadors, other public Ministers
and Consuls, and those in which a State shall be Party, the supreme
Court shall have original Jurisdiction. In all the other Cases
before mentioned, the supreme Court shall have appellate
Jurisdiction, both as to Law and Fact, with such Exceptions, and
under such Regulations as the Congress shall make.
(3) The Trial of all Crimes, except in Cases of Impeachment,
shall be by Jury; and such Trial shall be held in the State where
the said Crimes shall have been committed; but when not committed
within any State, the Trial shall be at such Place or Places as the
Congress may by Law have directed.
Section. 3. (1) Treason against the United States, shall consist
only in levying War against them, or in adhering to their Enemies,
giving them Aid and Comfort. No Person shall be convicted of
Treason unless on the Testimony of two Witnesses to the same overt
Act, or on Confession in open Court.
(2) The Congress shall have Power to declare the Punishment of
Treason, but no Attainder of Treason shall work Corruption of
Blood, or Forfeiture except during the Life of the Person
attainted.
ARTICLE. IV.
Section. 1. Full Faith and Credit shall be given in each State to
the public Acts, Records, and judicial Proceedings of every other
State. And the Congress may by general Laws prescribe the Manner in
which such Acts, Records and Proceedings shall be proved, and the
Effect thereof.
Section. 2. (1) The Citizens of each State shall be entitled to
all Privileges and Immunities of Citizens in the several States.
(2) A Person charged in any State with Treason, Felony, or other
Crime, who shall flee from Justice, and be found in another State,
shall on Demand of the executive Authority of the State from which
he fled, be delivered up, to be removed to the State having
Jurisdiction of the Crime.
(3) No Person held to Service or Labour in one State, under the
Laws thereof, escaping into another, shall, in Consequence of any
Law or Regulation therein, be discharged from such Service or
Labour, but shall be delivered up on Claim of the Party to whom
such Service or Labour may be due. (11)
(11) This clause has been affected by amendment XIII.
Section. 3. (1) New States may be admitted by the Congress into
this Union; but no new State shall be formed or erected within the
Jurisdiction of any other State; nor any State be formed by the
Junction of two or more States, or Parts of States, without the
Consent of the Legislatures of the States concerned as well as of
the Congress.
(2) The Congress shall have Power to dispose of and make all
needful Rules and Regulations respecting the Territory or other
Property belonging to the United States; and nothing in this
Constitution shall be so construed as to Prejudice any Claims of
the United States, or of any particular State.
Section. 4. The United States shall guarantee to every State in
this Union a Republican Form of Government, and shall protect each
of them against Invasion; and on Application of the Legislature, or
of the Executive (when the Legislature cannot be convened) against
domestic Violence.
ARTICLE. V.
The Congress, whenever two thirds of both Houses shall deem it
necessary, shall propose Amendments to this Constitution, or, on
the Application of the Legislatures of two thirds of the several
States, shall call a Convention for proposing Amendments, which, in
either Case, shall be valid to all Intents and Purposes, as Part of
this Constitution, when ratified by the Legislatures of three
fourths of the several States, or by Conventions in three fourths
thereof, as the one or the other Mode of Ratification may be
proposed by the Congress; Provided that no Amendment which may be
made prior to the Year One thousand eight hundred and eight shall
in any Manner affect the first and fourth Clauses in the Ninth
Section of the first Article; and that no State, without its
Consent, shall be deprived of its equal Suffrage in the Senate.
ARTICLE. VI.
(1) All Debts contracted and Engagements entered into, before
the Adoption of this Constitution, shall be as valid against the
United States under this Constitution, as under the Confederation.
(2) This Constitution, and the Laws of the United States which
shall be made in Pursuance thereof; and all Treaties made, or which
shall be made, under the Authority of the United States, shall be
the supreme Law of the Land; and the Judges in every State shall be
bound thereby, any Thing in the Constitution or Laws of any State
to the Contrary notwithstanding.
(3) The Senators and Representatives before mentioned, and the
Members of the several State Legislatures, and all executive and
judicial Officers, both of the United States and of the several
States, shall be bound by Oath or Affirmation, to support this
Constitution; but no religious Test shall ever be required as a
Qualification to any Office or public Trust under the United
States.
ARTICLE. VII.
The Ratification of the Conventions of nine States, shall be
sufficient for the Establishment of this Constitution between the
States so ratifying the Same.
done in Convention by the Unanimous Consent of the States present
the Seventeenth Day of September in the Year of our Lord one
thousand seven hundred and Eighty seven and of the Independence
of the United States of America the Twelfth In witness whereof We
have hereunto subscribed our Names,
G (SUPERSCRIPT O) WASHINGTON - Presid (SUPERSCRIPT t).
and deputy from Virginia
(SIGNED ALSO BY THE DEPUTIES OF TWELVE STATES.)
New Hampshire
John Langdon
Nicholas Gilman
Massachusetts
Nathaniel Gorham
Rufus King
Connecticut
W (SUPERSCRIPT M). Sam (SUPERSCRIPT L). Johnson
Roger Sherman
New York
Alexander Hamilton
New Jersey
Wil: Livingston
David Brearley.
W (SUPERSCRIPT M). Paterson.
Jona: Dayton
Pennsylvania
B Franklin
Thomas Mifflin
Rob (SUPERSCRIPT T) Morris
Geo. Clymer
Tho (SUPERSCRIPT S). FitzSimons
Jared Ingersoll
James Wilson.
Gouv Morris
Delaware
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
Maryland
James M (SUPERSCRIPT C)Henry
Dan of S (SUPERSCRIPT T) Tho (SUPERSCRIPT S). Jenifer
Dan (SUPERSCRIPT L) Carroll.
Virginia
John Blair -
James Madison Jr.
North Carolina
W (SUPERSCRIPT M) Blount
Rich (SUPERSCRIPT D). Dobbs Spaight.
Hu Williamson
South Carolina
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler.
Georgia
William Few
Abr Baldwin
Attest William Jackson Secretary
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 (12)
(12) The first ten amendments to the Constitution of the
United States (and two others, one of which failed of
ratification and the other which later became the 27th
amendment) were proposed to the legislatures of the several
States by the First Congress on September 25, 1789. The first
ten amendments were ratified by the following States, and the
notifications of ratification by the Governors thereof were
successively communicated by the President to Congress: New
Jersey, November 20, 1789; Maryland, December 19, 1789; North
Carolina, December 22, 1789; South Carolina, January 19,
1790; New Hampshire, January 25, 1790; Delaware, January 28,
1790; New York, February 24, 1790; Pennsylvania, March 10,
1790; Rhode Island, June 7, 1790; Vermont, November 3, 1791;
and Virginia, December 15, 1791.
Ratification was completed on December 15, 1791.
The amendments were subsequently ratified by the
legislatures of Massachusetts, March 2, 1939; Georgia, March
18, 1939; and Connecticut, April 19, 1939.
ARTICLE (I.) (13)
(13) Only the 13th, 14th, 15th, and 16th articles of
amendment had numbers assigned to them at the time of
ratification.
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.
ARTICLE (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.
ARTICLE (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.
ARTICLE (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.
ARTICLE (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.
ARTICLE (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.
ARTICLE (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.
ARTICLE (VIII.)
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
ARTICLE (IX.)
The enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the people.
ARTICLE (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.
(ARTICLE 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 United States by Citizens of another State, or
by Citizens or Subjects of any Foreign State.
PROPOSAL AND RATIFICATION
The eleventh amendment to the Constitution of the United States
was proposed to the legislatures of the several States by the Third
Congress, on the 4th of March 1794; and was declared in a message
from the President to Congress, dated the 8th of January, 1798, to
have been ratified by the legislatures of three-fourths of the
States. The dates of ratification were: New York, March 27, 1794;
Rhode Island, March 31, 1794; Connecticut, May 8, 1794; New
Hampshire, June 16, 1794; Massachusetts, June 26, 1794; Vermont,
between October 9, 1794 and November 9, 1794; Virginia, November
18, 1794; Georgia, November 29, 1794; Kentucky, December 7, 1794;
Maryland, December 26, 1794; Delaware, January 23, 1795; North
Carolina, February 7, 1795.
Ratification was completed on February 7, 1795.
The amendment was subsequently ratified by South Carolina on
December 4, 1797. New Jersey and Pennsylvania did not take action
on the amendment.
(ARTICLE 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 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. (14) - 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.
(14) This sentence has been superseded by section 3 of
amendment XX.
PROPOSAL AND RATIFICATION
The twelfth amendment to the Constitution of the United States
was proposed to the legislatures of the several States by the
Eighth Congress, on the 9th of December, 1803, in lieu of the
original third paragraph of the first section of the second
article; and was declared in a proclamation of the Secretary of
State, dated the 25th of September, 1804, to have been ratified by
the legislatures of 13 of the 17 States. The dates of ratification
were: North Carolina, December 21, 1803; Maryland, December 24,
1803; Kentucky, December 27, 1803; Ohio, December 30, 1803;
Pennsylvania, January 5, 1804; Vermont, January 30, 1804; Virginia,
February 3, 1804; New York, February 10, 1804; New Jersey, February
22, 1804; Rhode Island, March 12, 1804; South Carolina, May 15,
1804; Georgia, May 19, 1804; New Hampshire, June 15, 1804.
Ratification was completed on June 15, 1804.
The amendment was subsequently ratified by Tennessee, July 27,
1804.
The amendment was rejected by Delaware, January 18, 1804;
Massachusetts, February 3, 1804; Connecticut, at its session begun
May 10, 1804.
ARTICLE 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.
PROPOSAL AND RATIFICATION
The thirteenth amendment to the Constitution of the United States
was proposed to the legislatures of the several States by the
Thirty-eighth Congress, on the 31st day of January, 1865, and was
declared, in a proclamation of the Secretary of State, dated the
18th of December, 1865, to have been ratified by the legislatures
of twenty-seven of the thirty-six States. The dates of ratification
were: Illinois, February 1, 1865; Rhode Island, February 2, 1865;
Michigan, February 2, 1865; Maryland, February 3, 1865; New York,
February 3, 1865; Pennsylvania, February 3, 1865; West Virginia,
February 3, 1865; Missouri, February 6, 1865; Maine, February 7,
1865; Kansas, February 7, 1865; Massachusetts, February 7, 1865;
Virginia, February 9, 1865; Ohio, February 10, 1865; Indiana,
February 13, 1865; Nevada, February 16, 1865; Louisiana, February
17, 1865; Minnesota, February 23, 1865; Wisconsin, February 24,
1865; Vermont, March 9, 1865; Tennessee, April 7, 1865; Arkansas,
April 14, 1865; Connecticut, May 4, 1865; New Hampshire, July 1,
1865; South Carolina, November 13, 1865; Alabama, December 2, 1865;
North Carolina, December 4, 1865; Georgia, December 6, 1865.
Ratification was completed on December 6, 1865.
The amendment was subsequently ratified by Oregon, December 8,
1865; California, December 19, 1865; Florida, December 28, 1865
(Florida again ratified on June 9, 1868, upon its adoption of a new
constitution); Iowa, January 15, 1866; New Jersey, January 23, 1866
(after having rejected the amendment on March 16, 1865); Texas,
February 18, 1870; Delaware, February 12, 1901 (after having
rejected the amendment on February 8, 1865); Kentucky, March 18,
1976 (after having rejected it on February 24, 1865).
The amendment was rejected (and not subsequently ratified) by
Mississippi, December 4, 1865.
ARTICLE 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 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, (15) 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.
(15) See amendment XIX and section 1 of amendment XXVI.
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.
PROPOSAL AND RATIFICATION
The fourteenth amendment to the Constitution of the United States
was proposed to the legislatures of the several States by the
Thirty-ninth Congress, on the 13th of June, 1866. It was declared,
in a certificate of the Secretary of State dated July 28, 1868 to
have been ratified by the legislatures of 28 of the 37 States. The
dates of ratification were: Connecticut, June 25, 1866; New
Hampshire, July 6, 1866; Tennessee, July 19, 1866; New Jersey,
September 11, 1866 (subsequently the legislature rescinded its
ratification, and on March 24, 1868, readopted its resolution of
rescission over the Governor's veto, and on Nov. 12, 1980,
expressed support for the amendment); Oregon, September 19, 1866
(and rescinded its ratification on October 15, 1868); Vermont,
October 30, 1866; Ohio, January 4, 1867 (and rescinded its
ratification on January 15, 1868); New York, January 10, 1867;
Kansas, January 11, 1867; Illinois, January 15, 1867; West
Virginia, January 16, 1867; Michigan, January 16, 1867; Minnesota,
January 16, 1867; Maine, January 19, 1867; Nevada, January 22,
1867; Indiana, January 23, 1867; Missouri, January 25, 1867; Rhode
Island, February 7, 1867; Wisconsin, February 7, 1867;
Pennsylvania, February 12, 1867; Massachusetts, March 20, 1867;
Nebraska, June 15, 1867; Iowa, March 16, 1868; Arkansas, April 6,
1868; Florida, June 9, 1868; North Carolina, July 4, 1868 (after
having rejected it on December 14, 1866); Louisiana, July 9, 1868
(after having rejected it on February 6, 1867); South Carolina,
July 9, 1868 (after having rejected it on December 20, 1866).
Ratification was completed on July 9, 1868.
The amendment was subsequently ratified by Alabama, July 13,
1868; Georgia, July 21, 1868 (after having rejected it on November
9, 1866); Virginia, October 8, 1869 (after having rejected it on
January 9, 1867); Mississippi, January 17, 1870; Texas, February
18, 1870 (after having rejected it on October 27, 1866); Delaware,
February 12, 1901 (after having rejected it on February 8, 1867);
Maryland, April 4, 1959 (after having rejected it on March 23,
1867); California, May 6, 1959; Kentucky, March 18, 1976 (after
having rejected it on January 8, 1867).
ARTICLE 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.
PROPOSAL AND RATIFICATION
The fifteenth amendment to the Constitution of the United States
was proposed to the legislatures of the several States by the
Fortieth Congress, on the 26th of February, 1869, and was declared,
in a proclamation of the Secretary of State, dated March 30, 1870,
to have been ratified by the legislatures of twenty-nine of the
thirty-seven States. The dates of ratification were: Nevada, March
1, 1869; West Virginia, March 3, 1869; Illinois, March 5, 1869;
Louisiana, March 5, 1869; North Carolina, March 5, 1869; Michigan,
March 8, 1869; Wisconsin, March 9, 1869; Maine, March 11, 1869;
Massachusetts, March 12, 1869; Arkansas, March 15, 1869; South
Carolina, March 15, 1869; Pennsylvania, March 25, 1869; New York,
April 14, 1869 (and the legislature of the same State passed a
resolution January 5, 1870, to withdraw its consent to it, which
action it rescinded on March 30, 1970); Indiana, May 14, 1869;
Connecticut, May 19, 1869; Florida, June 14, 1869; New Hampshire,
July 1, 1869; Virginia, October 8, 1869; Vermont, October 20, 1869;
Missouri, January 7, 1870; Minnesota, January 13, 1870;
Mississippi, January 17, 1870; Rhode Island, January 18, 1870;
Kansas, January 19, 1870; Ohio, January 27, 1870 (after having
rejected it on April 30, 1869); Georgia, February 2, 1870; Iowa,
February 3, 1870.
Ratification was completed on February 3, 1870, unless the
withdrawal of ratification by New York was effective; in which
event ratification was completed on February 17, 1870, when
Nebraska ratified.
The amendment was subsequently ratified by Texas, February 18,
1870; New Jersey, February 15, 1871 (after having rejected it on
February 7, 1870); Delaware, February 12, 1901 (after having
rejected it on March 18, 1869); Oregon, February 24, 1959;
California, April 3, 1962 (after having rejected it on January 28,
1870); Kentucky, March 18, 1976 (after having rejected it on March
12, 1869).
The amendment was approved by the Governor of Maryland, May 7,
1973; Maryland having previously rejected it on February 26, 1870.
The amendment was rejected (and not subsequently ratified) by
Tennessee, November 16, 1869.
ARTICLE 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.
PROPOSAL AND RATIFICATION
The sixteenth amendment to the Constitution of the United States
was proposed to the legislatures of the several States by the
Sixty-first Congress on the 12th of July, 1909, and was declared,
in a proclamation of the Secretary of State, dated the 25th of
February, 1913, to have been ratified by 36 of the 48 States. The
dates of ratification were: Alabama, August 10, 1909; Kentucky,
February 8, 1910; South Carolina, February 19, 1910; Illinois,
March 1, 1910; Mississippi, March 7, 1910; Oklahoma, March 10,
1910; Maryland, April 8, 1910; Georgia, August 3, 1910; Texas,
August 16, 1910; Ohio, January 19, 1911; Idaho, January 20, 1911;
Oregon, January 23, 1911; Washington, January 26, 1911; Montana,
January 30, 1911; Indiana, January 30, 1911; California, January
31, 1911; Nevada, January 31, 1911; South Dakota, February 3, 1911;
Nebraska, February 9, 1911; North Carolina, February 11, 1911;
Colorado, February 15, 1911; North Dakota, February 17, 1911;
Kansas, February 18, 1911; Michigan, February 23, 1911; Iowa,
February 24, 1911; Missouri, March 16, 1911; Maine, March 31, 1911;
Tennessee, April 7, 1911; Arkansas, April 22, 1911 (after having
rejected it earlier); Wisconsin, May 26, 1911; New York, July 12,
1911; Arizona, April 6, 1912; Minnesota, June 11, 1912; Louisiana,
June 28, 1912; West Virginia, January 31, 1913; New Mexico,
February 3, 1913.
Ratification was completed on February 3, 1913.
The amendment was subsequently ratified by Massachusetts, March
4, 1913; New Hampshire, March 7, 1913 (after having rejected it on
March 2, 1911).
The amendment was rejected (and not subsequently ratified) by
Connecticut, Rhode Island, and Utah.
(ARTICLE 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 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.
PROPOSAL AND RATIFICATION
The seventeenth amendment to the Constitution of the United
States was proposed to the legislatures of the several States by
the Sixty-second Congress on the 13th of May, 1912, and was
declared, in a proclamation of the Secretary of State, dated the
31st of May, 1913, to have been ratified by the legislatures of 36
of the 48 States. The dates of ratification were: Massachusetts,
May 22, 1912; Arizona, June 3, 1912; Minnesota, June 10, 1912; New
York, January 15, 1913; Kansas, January 17, 1913; Oregon, January
23, 1913; North Carolina, January 25, 1913; California, January 28,
1913; Michigan, January 28, 1913; Iowa, January 30, 1913; Montana,
January 30, 1913; Idaho, January 31, 1913; West Virginia, February
4, 1913; Colorado, February 5, 1913; Nevada, February 6, 1913;
Texas, February 7, 1913; Washington, February 7, 1913; Wyoming,
February 8, 1913; Arkansas, February 11, 1913; Maine, February 11,
1913; Illinois, February 13, 1913; North Dakota, February 14, 1913;
Wisconsin, February 18, 1913; Indiana, February 19, 1913; New
Hampshire, February 19, 1913; Vermont, February 19, 1913; South
Dakota, February 19, 1913; Oklahoma, February 24, 1913; Ohio,
February 25, 1913; Missouri, March 7, 1913; New Mexico, March 13,
1913; Nebraska, March 14, 1913; New Jersey, March 17, 1913;
Tennessee, April 1, 1913; Pennsylvania, April 2, 1913; Connecticut,
April 8, 1913.
Ratification was completed on April 8, 1913.
The amendment was subsequently ratified by Louisiana, June 11,
1914.
The amendment was rejected by Utah (and not subsequently
ratified) on February 26, 1913.
ARTICLE (XVIII). (16)
(16) Repealed by section 1 of amendment XXI.
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.
Sec. 2. The Congress and the several States shall have concurrent
power to enforce this article by appropriate legislation.
Sec. 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.
PROPOSAL AND RATIFICATION
The eighteenth amendment to the Constitution of the United States
was proposed to the legislatures of the several States by the
Sixty-fifth Congress, on the 18th of December, 1917, and was
declared, in a proclamation of the Secretary of State, dated the
29th of January, 1919, to have been ratified by the legislatures of
36 of the 48 States. The dates of ratification were: Mississippi,
January 8, 1918; Virginia, January 11, 1918; Kentucky, January 14,
1918; North Dakota, January 25, 1918; South Carolina, January 29,
1918; Maryland, February 13, 1918; Montana, February 19, 1918;
Texas, March 4, 1918; Delaware, March 18, 1918; South Dakota, March
20, 1918; Massachusetts, April 2, 1918; Arizona, May 24, 1918;
Georgia, June 26, 1918; Louisiana, August 3, 1918; Florida,
December 3, 1918; Michigan, January 2, 1919; Ohio, January 7, 1919;
Oklahoma, January 7, 1919; Idaho, January 8, 1919; Maine, January
8, 1919; West Virginia, January 9, 1919; California, January 13,
1919; Tennessee, January 13, 1919; Washington, January 13, 1919;
Arkansas, January 14, 1919; Kansas, January 14, 1919; Alabama,
January 15, 1919; Colorado, January 15, 1919; Iowa, January 15,
1919; New Hampshire, January 15, 1919; Oregon, January 15, 1919;
Nebraska, January 16, 1919; North Carolina, January 16, 1919; Utah,
January 16, 1919; Missouri, January 16, 1919; Wyoming, January 16,
1919.
Ratification was completed on January 16, 1919. See Dillon v.
Gloss, 256 U.S. 368, 376 (1921).
The amendment was subsequently ratified by Minnesota on January
17, 1919; Wisconsin, January 17, 1919; New Mexico, January 20,
1919; Nevada, January 21, 1919; New York, January 29, 1919;
Vermont, January 29, 1919; Pennsylvania, February 25, 1919;
Connecticut, May 6, 1919; and New Jersey, March 9, 1922.
The amendment was rejected (and not subsequently ratified) by
Rhode Island.
ARTICLE (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.
PROPOSAL AND RATIFICATION
The nineteenth amendment to the Constitution of the United States
was proposed to the legislatures of the several States by the
Sixty-sixth Congress, on the 4th of June, 1919, and was declared,
in a proclamation of the Secretary of State, dated the 26th of
August, 1920, to have been ratified by the legislatures of 36 of
the 48 States. The dates of ratification were: Illinois, June 10,
1919 (and that State readopted its resolution of ratification June
17, 1919); Michigan, June 10, 1919; Wisconsin, June 10, 1919;
Kansas, June 16, 1919; New York, June 16, 1919; Ohio, June 16,
1919; Pennsylvania, June 24, 1919; Massachusetts, June 25, 1919;
Texas, June 28, 1919; Iowa, July 2, 1919; Missouri, July 3, 1919;
Arkansas, July 28, 1919; Montana, August 2, 1919; Nebraska, August
2, 1919; Minnesota, September 8, 1919; New Hampshire, September 10,
1919; Utah, October 2, 1919; California, November 1, 1919; Maine,
November 5, 1919; North Dakota, December 1, 1919; South Dakota,
December 4, 1919; Colorado, December 15, 1919; Kentucky, January 6,
1920; Rhode Island, January 6, 1920; Oregon, January 13, 1920;
Indiana, January 16, 1920; Wyoming, January 27, 1920; Nevada,
February 7, 1920; New Jersey, February 9, 1920; Idaho, February 11,
1920; Arizona, February 12, 1920; New Mexico, February 21, 1920;
Oklahoma, February 28, 1920; West Virginia, March 10, 1920;
Washington, March 22, 1920; Tennessee, August 18, 1920.
Ratification was completed on August 18, 1920.
The amendment was subsequently ratified by Connecticut on
September 14, 1920 (and that State reaffirmed on September 21,
1920); Vermont, February 8, 1921; Delaware, March 6, 1923 (after
having rejected it on June 2, 1920); Maryland, March 29, 1941
(after having rejected it on February 24, 1920, ratification
certified on February 25, 1958); Virginia, February 21, 1952 (after
having rejected it on February 12, 1920); Alabama, September 8,
1953 (after having rejected it on September 22, 1919); Florida, May
13, 1969; South Carolina, July 1, 1969 (after having rejected it on
January 28, 1920, ratification certified on August 22, 1973);
Georgia, February 20, 1970 (after having rejected it on July 24,
1919); Louisiana, June 11, 1970 (after having rejected it on July
1, 1920); North Carolina, May 6, 1971; Mississippi, March 22, 1984
(after having rejected it on March 29, 1920).
ARTICLE (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.
Sec. 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.
Sec. 3. If, at the time fixed for the beginning of the term of
the President, the President elect shall have died, the Vice
President elect shall become President. If a President shall not
have been chosen before the time fixed for the beginning of his
term, or if the President elect shall have failed to qualify, then
the Vice President elect shall act as President until a President
shall have qualified; and the Congress may by law provide for the
case wherein neither a President elect nor a Vice President elect
shall have qualified, declaring who shall then act as President, or
the manner in which one who is to act shall be selected, and such
person shall act accordingly until a President or Vice President
shall have qualified.
Sec. 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.
Sec. 5. Sections 1 and 2 shall take effect on the 15th day of
October following the ratification of this article.
Sec. 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.
PROPOSAL AND RATIFICATION
The twentieth amendment to the Constitution was proposed to the
legislatures of the several states by the Seventy-Second Congress,
on the 2d day of March, 1932, and was declared, in a proclamation
by the Secretary of State, dated on the 6th day of February, 1933,
to have been ratified by the legislatures of 36 of the 48 States.
The dates of ratification were: Virginia, March 4, 1932; New York,
March 11, 1932; Mississippi, March 16, 1932; Arkansas, March 17,
1932; Kentucky, March 17, 1932; New Jersey, March 21, 1932; South
Carolina, March 25, 1932; Michigan, March 31, 1932; Maine, April 1,
1932; Rhode Island, April 14, 1932; Illinois, April 21, 1932;
Louisiana, June 22, 1932; West Virginia, July 30, 1932;
Pennsylvania, August 11, 1932; Indiana, August 15, 1932; Texas,
September 7, 1932; Alabama, September 13, 1932; California, January
4, 1933; North Carolina, January 5, 1933; North Dakota, January 9,
1933; Minnesota, January 12, 1933; Arizona, January 13, 1933;
Montana, January 13, 1933; Nebraska, January 13, 1933; Oklahoma,
January 13, 1933; Kansas, January 16, 1933; Oregon, January 16,
1933; Delaware, January 19, 1933; Washington, January 19, 1933;
Wyoming, January 19, 1933; Iowa, January 20, 1933; South Dakota,
January 20, 1933; Tennessee, January 20, 1933; Idaho, January 21,
1933; New Mexico, January 21, 1933; Georgia, January 23, 1933;
Missouri, January 23, 1933; Ohio, January 23, 1933; Utah, January
23, 1933.
Ratification was completed on January 23, 1933.
The amendment was subsequently ratified by Massachusetts on
January 24, 1933; Wisconsin, January 24, 1933; Colorado, January
24, 1933; Nevada, January 26, 1933; Connecticut, January 27, 1933;
New Hampshire, January 31, 1933; Vermont, February 2, 1933;
Maryland, March 24, 1933; Florida, April 26, 1933.
ARTICLE (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.
PROPOSAL AND RATIFICATION
The twenty-first amendment to the Constitution was proposed to
the several states by the Seventy-Second Congress, on the 20th day
of February, 1933, and was declared, in a proclamation by the
Secretary of State, dated on the 5th day of December, 1933, to have
been ratified by 36 of the 48 States. The dates of ratification
were: Michigan, April 10, 1933; Wisconsin, April 25, 1933; Rhode
Island, May 8, 1933; Wyoming, May 25, 1933; New Jersey, June 1,
1933; Delaware, June 24, 1933; Indiana, June 26, 1933;
Massachusetts, June 26, 1933; New York, June 27, 1933; Illinois,
July 10, 1933; Iowa, July 10, 1933; Connecticut, July 11, 1933; New
Hampshire, July 11, 1933; California, July 24, 1933; West Virginia,
July 25, 1933; Arkansas, August 1, 1933; Oregon, August 7, 1933;
Alabama, August 8, 1933; Tennessee, August 11, 1933; Missouri,
August 29, 1933; Arizona, September 5, 1933; Nevada, September 5,
1933; Vermont, September 23, 1933; Colorado, September 26, 1933;
Washington, October 3, 1933; Minnesota, October 10, 1933; Idaho,
October 17, 1933; Maryland, October 18, 1933; Virginia, October 25,
1933; New Mexico, November 2, 1933; Florida, November 14, 1933;
Texas, November 24, 1933; Kentucky, November 27, 1933; Ohio,
December 5, 1933; Pennsylvania, December 5, 1933; Utah, December 5,
1933.
Ratification was completed on December 5, 1933.
The amendment was subsequently ratified by Maine, on December 6,
1933, and by Montana, on August 6, 1934.
The amendment was rejected (and not subsequently ratified) by
South Carolina, on December 4, 1933.
ARTICLE (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.
Sec. 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.
PROPOSAL AND RATIFICATION
This amendment was proposed to the legislatures of the several
States by the Eightieth Congress on Mar. 21, 1947 by House Joint
Res. No. 27, and was declared by the Administrator of General
Services, on Mar. 1, 1951, to have been ratified by the
legislatures of 36 of the 48 States. The dates of ratification
were: Maine, March 31, 1947; Michigan, March 31, 1947; Iowa, April
1, 1947; Kansas, April 1, 1947; New Hampshire, April 1, 1947;
Delaware, April 2, 1947; Illinois, April 3, 1947; Oregon, April 3,
1947; Colorado, April 12, 1947; California, April 15, 1947; New
Jersey, April 15, 1947; Vermont, April 15, 1947; Ohio, April 16,
1947; Wisconsin, April 16, 1947; Pennsylvania, April 29, 1947;
Connecticut, May 21, 1947; Missouri, May 22, 1947; Nebraska, May
23, 1947; Virginia, January 28, 1948; Mississippi, February 12,
1948; New York, March 9, 1948; South Dakota, January 21, 1949;
North Dakota, February 25, 1949; Louisiana, May 17, 1950; Montana,
January 25, 1951; Indiana, January 29, 1951; Idaho, January 30,
1951; New Mexico, February 12, 1951; Wyoming, February 12, 1951;
Arkansas, February 15, 1951; Georgia, February 17, 1951; Tennessee,
February 20, 1951; Texas, February 22, 1951; Nevada, February 26,
1951; Utah, February 26, 1951; Minnesota, February 27, 1951.
Ratification was completed on February 27, 1951.
The amendment was subsequently ratified by North Carolina on
February 28, 1951; South Carolina, March 13, 1951; Maryland, March
14, 1951; Florida, April 16, 1951; Alabama, May 4, 1951.
The amendment was rejected (and not subsequently ratified) by
Oklahoma in June 1947, and Massachusetts on June 9, 1949.
CERTIFICATION OF VALIDITY
Publication of the certifying statement of the Administrator of
General Services that the amendment had become valid was made on
Mar. 1, 1951, F.R. Doc. 51-2940, 16 F.R. 2019.
ARTICLE (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 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.
Sec. 2. The Congress shall have power to enforce this article by
appropriate legislation.
PROPOSAL AND RATIFICATION
This amendment was proposed by the Eighty-sixth Congress on June
17, 1960 and was declared by the Administrator of General Services
on Apr. 3, 1961, to have been ratified by 38 of the 50 States. The
dates of ratification were: Hawaii, June 23, 1960 (and that State
made a technical correction to its resolution on June 30, 1960);
Massachusetts, August 22, 1960; New Jersey, December 19, 1960; New
York, January 17, 1961; California, January 19, 1961; Oregon,
January 27, 1961; Maryland, January 30, 1961; Idaho, January 31,
1961; Maine, January 31, 1961; Minnesota, January 31, 1961; New
Mexico, February 1, 1961; Nevada, February 2, 1961; Montana,
February 6, 1961; South Dakota, February 6, 1961; Colorado,
February 8, 1961; Washington, February 9, 1961; West Virginia,
February 9, 1961; Alaska, February 10, 1961; Wyoming, February 13,
1961; Delaware, February 20, 1961; Utah, February 21, 1961;
Wisconsin, February 21, 1961; Pennsylvania, February 28, 1961;
Indiana, March 3, 1961; North Dakota, March 3, 1961; Tennessee,
March 6, 1961; Michigan, March 8, 1961; Connecticut, March 9, 1961;
Arizona, March 10, 1961; Illinois, March 14, 1961; Nebraska, March
15, 1961; Vermont, March 15, 1961; Iowa, March 16, 1961; Missouri,
March 20, 1961; Oklahoma, March 21, 1961; Rhode Island, March 22,
1961; Kansas, March 29, 1961; Ohio, March 29, 1961.
Ratification was completed on March 29, 1961.
The amendment was subsequently ratified by New Hampshire on March
30, 1961 (when that State annulled and then repeated its
ratification of March 29, 1961).
The amendment was rejected (and not subsequently ratified) by
Arkansas on January 24, 1961.
CERTIFICATION OF VALIDITY
Publication of the certifying statement of the Administrator of
General Services that the amendment had become valid was made on
Apr. 3, 1961, F.R. Doc. 61-3017, 26 F.R. 2808.
ARTICLE (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.
Sec. 2. The Congress shall have power to enforce this article by
appropriate legislation.
PROPOSAL AND RATIFICATION
This amendment was proposed by the Eighty-seventh Congress by
Senate Joint Resolution No. 29, which was approved by the Senate on
Mar. 27, 1962, and by the House of Representatives on Aug. 27,
1962. It was declared by the Administrator of General Services on
Feb. 4, 1964, to have been ratified by the legislatures of 38 of
the 50 States.
This amendment was ratified by the following States:
Illinois, November 14, 1962; New Jersey, December 3, 1962;
Oregon, January 25, 1963; Montana, January 28, 1963; West Virginia,
February 1, 1963; New York, February 4, 1963; Maryland, February 6,
1963; California, February 7, 1963; Alaska, February 11, 1963;
Rhode Island, February 14, 1963; Indiana, February 19, 1963; Utah,
February 20, 1963; Michigan, February 20, 1963; Colorado, February
21, 1963; Ohio, February 27, 1963; Minnesota, February 27, 1963;
New Mexico, March 5, 1963; Hawaii, March 6, 1963; North Dakota,
March 7, 1963; Idaho, March 8, 1963; Washington, March 14, 1963;
Vermont, March 15, 1963; Nevada, March 19, 1963; Connecticut, March
20, 1963; Tennessee, March 21, 1963; Pennsylvania, March 25, 1963;
Wisconsin, March 26, 1963; Kansas, March 28, 1963; Massachusetts,
March 28, 1963; Nebraska, April 4, 1963; Florida, April 18, 1963;
Iowa, April 24, 1963; Delaware, May 1, 1963; Missouri, May 13,
1963; New Hampshire, June 12, 1963; Kentucky, June 27, 1963; Maine,
January 16, 1964; South Dakota, January 23, 1964; Virginia,
February 25, 1977.
Ratification was completed on January 23, 1964.
The amendment was subsequently ratified by North Carolina on May
3, 1989.
The amendment was rejected by Mississippi (and not subsequently
ratified) on December 20, 1962.
CERTIFICATION OF VALIDITY
Publication of the certifying statement of the Administrator of
General Services that the amendment had become valid was made on
Feb. 5, 1964, F.R. Doc. 64-1229, 29 F.R. 1715.
ARTICLE (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.
Sec. 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.
Sec. 3. Whenever the President transmits to the President pro
tempore of the Senate and the Speaker of the House of
Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he
transmits to them a written declaration to the contrary, such
powers and duties shall be discharged by the Vice President as
Acting President.
Sec. 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 (17) 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.
(17) So in original. Probably should be ''departments''.
PROPOSAL AND RATIFICATION
This amendment was proposed by the Eighty-ninth Congress by
Senate Joint Resolution No. 1, which was approved by the Senate on
Feb. 19, 1965, and by the House of Representatives, in amended
form, on Apr. 13, 1965. The House of Representatives agreed to a
Conference Report on June 30, 1965, and the Senate agreed to the
Conference Report on July 6, 1965. It was declared by the
Administrator of General Services, on Feb. 23, 1967, to have been
ratified by the legislatures of 39 of the 50 States.
This amendment was ratified by the following States:
Nebraska, July 12, 1965; Wisconsin, July 13, 1965; Oklahoma, July
16, 1965; Massachusetts, August 9, 1965; Pennsylvania, August 18,
1965; Kentucky, September 15, 1965; Arizona, September 22, 1965;
Michigan, October 5, 1965; Indiana, October 20, 1965; California,
October 21, 1965; Arkansas, November 4, 1965; New Jersey, November
29, 1965; Delaware, December 7, 1965; Utah, January 17, 1966; West
Virginia, January 20, 1966; Maine, January 24, 1966; Rhode Island,
January 28, 1966; Colorado, February 3, 1966; New Mexico, February
3, 1966; Kansas, February 8, 1966; Vermont, February 10, 1966;
Alaska, February 18, 1966; Idaho, March 2, 1966; Hawaii, March 3,
1966; Virginia, March 8, 1966; Mississippi, March 10, 1966; New
York, March 14, 1966; Maryland, March 23, 1966; Missouri, March 30,
1966; New Hampshire, June 13, 1966; Louisiana, July 5, 1966;
Tennessee, January 12, 1967; Wyoming, January 25, 1967; Washington,
January 26, 1967; Iowa, January 26, 1967; Oregon, February 2, 1967;
Minnesota, February 10, 1967; Nevada, February 10, 1967.
Ratification was completed on February 10, 1967.
The amendment was subsequently ratified by Connecticut, February
14, 1967; Montana, February 15, 1967; South Dakota, March 6, 1967;
Ohio, March 7, 1967; Alabama, March 14, 1967; North Carolina, March
22, 1967; Illinois, March 22, 1967; Texas, April 25, 1967; Florida,
May 25, 1967.
CERTIFICATION OF VALIDITY
Publication of the certifying statement of the Administrator of
General Services that the amendment had become valid was made on
Feb. 25, 1967, F.R. Doc. 67-2208, 32 F.R. 3287.
ARTICLE (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.
Sec. 2. The Congress shall have power to enforce this article by
appropriate legislation.
PROPOSAL AND RATIFICATION
This amendment was proposed by the Ninety-second Congress by
Senate Joint Resolution No. 7, which was approved by the Senate on
Mar. 10, 1971, and by the House of Representatives on Mar. 23,
1971. It was declared by the Administrator of General Services on
July 5, 1971, to have been ratified by the legislatures of 39 of
the 50 States.
This amendment was ratified by the following States: Connecticut,
March 23, 1971; Delaware, March 23, 1971; Minnesota, March 23,
1971; Tennessee, March 23, 1971; Washington, March 23, 1971;
Hawaii, March 24, 1971; Massachusetts, March 24, 1971; Montana,
March 29, 1971; Arkansas, March 30, 1971; Idaho, March 30, 1971;
Iowa, March 30, 1971; Nebraska, April 2, 1971; New Jersey, April 3,
1971; Kansas, April 7, 1971; Michigan, April 7, 1971; Alaska, April
8, 1971; Maryland, April 8, 1971; Indiana, April 8, 1971; Maine,
April 9, 1971; Vermont, April 16, 1971; Louisiana, April 17, 1971;
California, April 19, 1971; Colorado, April 27, 1971; Pennsylvania,
April 27, 1971; Texas, April 27, 1971; South Carolina, April 28,
1971; West Virginia, April 28, 1971; New Hampshire, May 13, 1971;
Arizona, May 14, 1971; Rhode Island, May 27, 1971; New York, June
2, 1971; Oregon, June 4, 1971; Missouri, June 14, 1971; Wisconsin,
June 22, 1971; Illinois, June 29, 1971; Alabama, June 30, 1971;
Ohio, June 30, 1971; North Carolina, July 1, 1971; Oklahoma, July
1, 1971.
Ratification was completed on July 1, 1971.
The amendment was subsequently ratified by Virginia, July 8,
1971; Wyoming, July 8, 1971; Georgia, October 4, 1971.
CERTIFICATION OF VALIDITY
Publication of the certifying statement of the Administrator of
General Services that the amendment had become valid was made on
July 7, 1971, F.R. Doc. 71-9691, 36 F.R. 12725.
ARTICLE (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.
PROPOSAL AND RATIFICATION
This amendment, being the second of twelve articles proposed by
the First Congress on Sept. 25, 1789, was declared by the Archivist
of the United States on May 18, 1992, to have been ratified by the
legislatures of 40 of the 50 States.
This amendment was ratified by the following States: Maryland,
December 19, 1789; North Carolina, December 22, 1789; South
Carolina, January 19, 1790; Delaware, January 28, 1790; Vermont,
November 3, 1791; Virginia, December 15, 1791; Ohio, May 6, 1873;
Wyoming, March 6, 1978; Maine, April 27, 1983; Colorado, April 22,
1984; South Dakota, February 21, 1985; New Hampshire, March 7,
1985; Arizona, April 3, 1985; Tennessee, May 23, 1985; Oklahoma,
July 10, 1985; New Mexico, February 14, 1986; Indiana, February 24,
1986; Utah, February 25, 1986; Arkansas, March 6, 1987; Montana,
March 17, 1987; Connecticut, May 13, 1987; Wisconsin, July 15,
1987; Georgia, February 2, 1988; West Virginia, March 10, 1988;
Louisiana, July 7, 1988; Iowa, February 9, 1989; Idaho, March 23,
1989; Nevada, April 26, 1989; Alaska, May 6, 1989; Oregon, May 19,
1989; Minnesota, May 22, 1989; Texas, May 25, 1989; Kansas, April
5, 1990; Florida, May 31, 1990; North Dakota, March 25, 1991;
Alabama, May 5, 1992; Missouri, May 5, 1992; Michigan, May 7, 1992;
New Jersey, May 7, 1992.
Ratification was completed on May 7, 1992.
The amendment was subsequently ratified by Illinois on May 12,
1992; California, June 26, 1992; Rhode Island, June 10, 1993.
CERTIFICATION OF VALIDITY
Publication of the certifying statement of the Archivist of the
United States that the amendment had become valid was made on May
18, 1992, F.R. Doc. 92-11951, 57 F.R. 21187.
PROPOSED AMENDMENTS TO THE CONSTITUTION NOT RATIFIED BY THE STATES
In addition to the 27 amendments that have been ratified by the
required three-fourths of the States, six other amendments have
been submitted to the States but have not been ratified by them.
Beginning with the proposed Eighteenth Amendment, Congress has
customarily included a provision requiring ratification within
seven years from the time of the submission to the States. The
Supreme Court in Coleman v. Miller, 307 U.S. 433 (1939), declared
that the question of the reasonableness of the time within which a
sufficient number of States must act is a political question to be
determined by the Congress.
In 1789, twelve proposed articles of amendment were submitted to
the States. Of these, Articles III-XII were ratified and became the
first ten amendments to the Constitution, popularly known as the
Bill of Rights. In 1992, proposed Article II was ratified and
became the 27th amendment to the Constitution. Proposed Article I
which was not ratified is as follows:
''ARTICLE THE FIRST
''After the first enumeration required by the first article of
the Constitution, there shall be one Representative for every
thirty thousand, until the number shall amount to one hundred,
after which the proportion shall be so regulated by Congress, that
there shall be not less than one hundred Representatives, nor less
than one Representative for every forty thousand persons, until the
number of Representatives shall amount to two hundred; after which
the proportion shall be so regulated by Congress, that there shall
not be less than two hundred Representatives, nor more than one
Representative for every fifty thousand persons.''
_ _ _ _
Thereafter, in the 2d session of the Eleventh Congress, the
Congress proposed the following article of amendment to the
Constitution relating to acceptance by citizens of the United
States of titles of nobility from any foreign government.
The proposed amendment, which was not ratified by three-fourths
of the States, is as follows:
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 section be submitted to the
legislatures of the several states, which when ratified by the
legislatures of three fourths of the states, shall be valid and
binding, as a part of the constitution of the United States:
If any citizen of the United States shall accept, claim, receive
or retain any title of nobility or honor, or shall, without the
consent of Congress, accept and retain any present, pension, office
or emolument of any kind whatever, from any emperor, king, prince
or foreign power, such person shall cease to be a citizen of the
United States, and shall be incapable of holding any office of
trust or profit under them, or either of them.
_ _ _ _
The following amendment to the Constitution relating to slavery
was proposed by the 2d session of the Thirty-sixth Congress on
March 2, 1861, when it passed the Senate, having previously passed
the House on February 28, 1861. It is interesting to note in this
connection that this is the only proposed (and not ratified)
amendment to the Constitution to have been signed by the President.
The President's signature is considered unnecessary because of the
constitutional provision that on the concurrence of two-thirds of
both Houses of Congress the proposal shall be submitted to the
States for ratification.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That the following article
be proposed to the Legislatures of the several States as an
amendment to the Constitution of the United States, which, when
ratified by three-fourths of said Legislatures, shall be valid, to
all intents and purposes, as part of the said Constitution, viz:
''ARTICLE THIRTEEN
''No amendment shall be made to the Constitution which will
authorize or give to Congress the power to abolish or interfere,
within any State, with the domestic institutions thereof, including
that of persons held to labor or service by the laws of said
State.''
_ _ _ _
A child labor amendment was proposed by the 1st session of the
Sixty-eighth Congress on June 2, 1926, when it passed the Senate,
having previously passed the House on April 26, 1926. The proposed
amendment, which has been ratified by 28 States, to date, is as
follows:
JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE
UNITED STATES
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled (two-thirds of each House
concurring therein), That the following article is proposed as an
amendment to the Constitution of the United States, which, when
ratified by the legislatures of three-fourths of the several
States, shall be valid to all intents and purposes as a part of the
Constitution:
''ARTICLE - .
''Section 1. The Congress shall have power to limit, regulate,
and prohibit the labor of persons under eighteen years of age.
''Section 2. The power of the several States is unimpaired by
this article except that the operation of State laws shall be
suspended to the extent necessary to give effect to legislation
enacted by the Congress.''
_ _ _ _
An amendment relative to equal rights for men and women was
proposed by the 2d session of the Ninety-second Congress on March
22, 1972, when it passed the Senate, having previously passed the
House on October 12, 1971. The seven-year deadline for ratification
of the proposed amendment was extended to June 30, 1982, by the 2d
session of the Ninety-fifth Congress. The proposed amendment, which
was not ratified by three-fourths of the States by June 30, 1982,
is as follows:
JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE
UNITED STATES RELATIVE TO EQUAL RIGHTS FOR MEN AND WOMEN
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled (two-thirds of each House
concurring therein), That the following article is proposed as an
amendment to the Constitution of the United States, which shall be
valid to all intents and purposes as part of the Constitution when
ratified by the legislatures of three-fourths of the several States
within seven years from the date of its submission by the Congress:
''ARTICLE -
''Section 1. Equality of rights under the law shall not be denied
or abridged by the United States or by any State on account of sex.
''Sec. 2. The Congress shall have the power to enforce, by
appropriate legislation, the provisions of this article.
''Sec. 3. This amendment shall take effect two years after the
date of ratification.''
_ _ _ _
An amendment relative to voting rights for the District of
Columbia was proposed by the 2d session of the Ninety-fifth
Congress on August 22, 1978, when it passed the Senate, having
previously passed the House on March 2, 1978. The proposed
amendment, which was not ratified by three-fourths of the States
within the specified seven-year period, is as follows:
JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION TO
PROVIDE FOR REPRESENTATION OF THE DISTRICT OF COLUMBIA IN THE
CONGRESS.
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled (two-thirds of each House
concurring therein), That the following article is proposed as an
amendment to the Constitution of the United States, which shall be
valid to all intents and purposes as part of the Constitution when
ratified by the legislatures of three-fourths of the several States
within seven years from the date of its submission by the Congress:
''ARTICLE -
''Section 1. For purposes of representation in the Congress,
election of the President and Vice President, and article V of this
Constitution, the District constituting the seat of government of
the United States shall be treated as though it were a State.
''Sec. 2. The exercise of the rights and powers conferred under
this article shall be by the people of the District constituting
the seat of government, and as shall be provided by the Congress.
''Sec. 3. The twenty-third article of amendment to the
Constitution of the United States is hereby repealed.
''Sec. 4. 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.''
-END-