[United States Senate Manual, 104th Congress]
[S. Doc. 104-1]
[Historical Documents]
[Pages 889-905]
[From the U.S. Government Publishing Office, www.gpo.gov]



[[Page 889]]



                                        [760]

            ____________________________________________________________
 
                    CONSTITUTION OF THE UNITED STATES OF AMERICA

            ____________________________________________________________

                                HISTORICAL BACKGROUND

                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 Massachu-

[[Page 890]]

            setts, 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 19, 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.''

[[Page 891]]



            ____________________________________________________________

                    CONSTITUTION OF THE UNITED STATES OF AMERICA

            ____________________________________________________________
     760.1
                        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.

       761                            ARTICLE I

     761.1      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.
     761.2      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.
     761.3      \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.
                Note.--The small superior figures designate clauses, and 
            have no reference to footnotes.
     761.4      \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.] 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

[[Page 892]]

            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.
                *The part included in heavy brackets was repealed by 
            section 2 of amendment XIV, Senate Manual section 784.2.
                                As per act of November 15, 1941, the 
                                    apportionment, based on the 
                                    Sixteenth Census (1940), the 
                                    Seventeenth Census (1950), and the 
                                    Eighteenth Census (1960), 
                                    distributes the 435 seats in the 
                                    House among the States according to 
                                    the method of equal proportions. 
                                    (See Senate Manual section 974.)
     761.5      \4\When vacancies happen in the Representation from any 
            State, the Executive Authority thereof shall issue Writs of 
            Election to fill such Vacancies.
     761.6      \5\The House of Representatives shall chuse their 
            Speaker and other Officers; and shall have the sole Power of 
            Impeachment.
     761.7      \1\Section 3. *The Senate of the United States shall be 
            composed of two Senators from each State, [chosen by the 
            Legislature] thereof, for six Years; and each Senator shall 
            have one Vote.
                *The part included in heavy brackets was changed by 
            clause 1 of amendment XVII, Senate Manual section 787.1.
     761.8      \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].**
                **The part included in heavy brackets was changed by 
            clause 2 of amendment XVII, Senate Manual section 787.2.
     761.9      \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.

[[Page 893]]


    761.10      \4\The Vice President of the United States shall be 
            President of the Senate, but shall have no Vote, unless they 
            be equally divided.
    761.11      \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.
    761.12      \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.
    761.13      \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.
    761.14      Section 4. \1\The Time, 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.
    761.15      \2\The Congress shall assemble at least once in every 
            Year, and such Meeting shall [be on the first Monday in 
            December,] unless they shall by Law appoint a different 
            Day.*
                *The part included in heavy brackets was changed by 
            Section 2 of amendment XX, Senate Manual section 790.2.
    761.16      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.
    761.17      \2\Each House may determine the Rules of its 
            Proceedings, punish its Members for disorderly Behavior, 
            and, with the Concurrence of two thirds, expel a Member.
    761.18      \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

[[Page 894]]

            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.
    761.19      \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.
    761.20      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. 
            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.
    761.21      \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.
    761.22      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.
    761.23      \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,

[[Page 895]]

            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.
    761.24      \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.
    761.25      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 Defense and general Welfare of 
            the United States; but all Duties, Imposts and Excises shall 
            be uniform throughout the United States;
    761.26      \2\To borrow money on the credit of the United States;
    761.27      \3\To regulate Commerce with foreign Nations, and among 
            the several States, and with the Indian Tribes;
    761.28      \4\To establish an uniform Rule of Naturalization, and 
            uniform Laws on the subject of Bankruptcies throughout the 
            United States;
    761.29      \5\To coin Money, regulate the Value thereof, and of 
            foreign Coin, and fix the Standard of Weights and Measures;
    761.30      \6\To provide for the Punishment of counterfeiting the 
            Securities and current Coin of the United States;
    761.31      \7\To establish Post Offices and post Roads;
    761.32      \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;
    761.33      \9\To constitute Tribunals inferior to the supreme 
            Court;
    761.34      \10\To define and punish Piracies and Felonies committed 
            on the high Seas, and Offenses against the Law of Nations;
    761.35      \11\To declare War, grant Letters of Marque and Reprisal 
            and make Rules concerning Captures on Land and Water;
    761.36      \12\To raise and support Armies, but no Appropriation of 
            Money to that Use shall be for a longer Term than two Years;
    761.37      \13\To provide and maintain a Navy;

[[Page 896]]

    761.38      \14\To make Rules for the Government and Regulation of 
            the land and naval Forces;
    761.39      \15\To provide for calling forth the Militia to execute 
            the Laws of the Union, suppress Insurrections and repel 
            Invasions;
    761.40      \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;
    761.41      \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
    761.42      \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.
    761.43      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.
    761.44      \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.
    761.45      \3\No Bill of Attainder or ex post facto Law shall be 
            passed.
    761.46      *\4\No capitation, or other direct, Tax shall be laid, 
            unless in Proportion to the Census or Enumeration herein 
            before directed to be taken.
                *See also amendment XVI, Senate Manual section 786.
    761.47      \5\No Tax or Duty shall be laid on Articles exported 
            from any State.

[[Page 897]]

    761.48      \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.
    761.49      \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.
    761.50      \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.
    761.51      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.
    761.52      \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 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.
    761.53      \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.

       762

                                           

                                     ARTICLE II

     762.1      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, to-

[[Page 898]]

            gether with the Vice-President, chosen for the same Term, be 
            elected, as follows:
                See also amendment XXII, Senate Manual section 
            792.
     762.2      \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.
     762.3      *[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.]
                *This paragraph has been superseded by amendment XII, 
            Senate Manual section 782.
     762.4      \3\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.

[[Page 899]]

     762.5      \4\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.
     762.6      \5\In case of the Removal of the President from Office, 
            or of his Death, resignation, or Inability to discharge the 
            Powers and Duties of the said Office, the same shall 
            devolve on the Vice President, and the Congress may by Law 
            provide for the Case of Removal, Death, Resignation or 
            Inability, both of the President and Vice President, 
            declaring what Officer shall then act as President, and such 
            Officer shall act accordingly, until the Disability be 
            removed, or a President shall be elected.
                See also amendment XXV, Senate Manual section 
            795.
     762.7      \6\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.
     762.8      \7\Before he enter on the Execution of his Office, he 
            shall take the following Oath or Affirmation:--``I do 
            solemly 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.''
     762.9      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 Offenses against the United 
            States, except in Cases of Impeachment.
    762.10      \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 

[[Page 900]]

            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.
    762.11      \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.
    762.12      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.
    762.13      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.

       763                           ARTICLE III

     763.1      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.
     763.2      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 Jurisdic-

[[Page 901]]

            tion;--to Controversies to which the United States shall be 
            a Party;--to Controversies between two or more States;--
            between a State and Citizens of another State;--between 
            Citizens of different States;--between Citizens of the same 
            State claiming Lands under Grants of different States, and 
            between a State, or the Citizens thereof, and foreign 
            States, Citizens or Subjects.
     763.3      \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.
     763.4      \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.
     763.5      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.
     763.6      \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.

       764                           ARTICLE IV

     764.1      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.
     764.2      Section 2. \1\The Citizens of each State shall be 
            entitled to all Privileges and Immunities of Citizens in the 
            several States.
     764.3      \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 Author-

[[Page 902]]

            ity of the State from which he fled, be delivered up, to be 
            removed to the State having Jurisdiction of the Crime.
     764.4      \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.]*
                *This paragraph has been superseded by amendment XIII, 
            Senate Manual section 783.
     764.5      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.
     764.6      \2\The Congress shall have Power to dispose of and make 
            all needful Rules and Regulations respecting the Territory 
            of 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.
     764.7      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

       765      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

[[Page 903]]

            of the first Article, and that no State without its Consent, 
            shall be deprived of its equal Suffrage in the Senate.

       766                           ARTICLE VI

     766.1      \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.
     766.2      \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 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.
     766.3      \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.

       767                           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.
       768  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 here unto subscribed 
                our Names,

                                                         Go WASHINGTON--

                                 Presidt. and deputy from Virginia.

                                    New Hampshire

            John Langdon,                       Nicholas Gilman.

                                    Massachusetts

            Nathaniel Gorham,                   Rufus King.

[[Page 904]]



                                     Connecticut

            Wm. Saml. Johnson,                  Roger Sherman.

                                      New York

            Alexander Hamiltion.
              

                                     New Jersey

            Wil: Livingston,                    Wm. Paterson,
            David Brearley,                     Jona. Dayton.

                                    Pennsylvania

            B. Franklin,                        Thomas Mifflin,
            Robt. Morris,                       Geo: Clymer 
            Tho: Fitzsimons,                    Jared Ingersoll,
            James Wilson,                       Gouv: Morris.

                                      Delaware

            Geo: Read,                          Gunning Bedford, Jun'r,
            John Dickinson,                     Richard Bassett.
            Jaco: Broom,

                                      Maryland

            James M'Henry,                      Dan: of St. Thos. Jenifer.
            Danl Carroll,

                                      Virginia

            John Blair,                        James Madison, Jr.

                                   North Carolina

            Wm. Blount,                        Rich'd Dobbs Spaight.
            Hu. Williamson,

                                   South Carolina

            J. Rutledge,                       Charles Cotesworth
                                                   Pinckney,
            Charles Pinckney,                  Pierce Butler.

                                       Georgia

            William Few,
              
                Attest:
            Abr. Baldwin.
              
            William Jackson, Secretary.

[[Page 905]]



                          RATIFICATION OF THE CONSTITUTION

                The Constitution was adopted by a convention of the 
            States September 17, 1787, and was subsequently ratified by 
            the several States, in the following order, viz:
                Delaware, December 7, 1787, yeas, 30 (unanimous).
                Pennsylvania, December 12, 1787, yeas, 46; nays, 23.
                New Jersey, December 18, 1787, yeas, 38 (unanimous).
                Georgia, January 2, 1788, yeas, 26 (unanimous).
                Connecticut, January 9, 1788, yeas, 128; nays, 40.
                Massachusetts, February 6, 1788, yeas, 187; nays, 168.
                Maryland, April 28, 1788, yeas, 63; nays, 11.
                South Carolina, May 23, 1788, yeas, 149; nays, 73.
                New Hampshire, June 21, 1788, yeas, 57; nays, 46.
                Virginia, June 25, 1788, yeas, 89; nays, 79.
                New York, July 26, 1788, yeas, 30; nays, 27.
                North Carolina, November 21, 1789, yeas, 184; nays, 77.
                Rhode Island, May 29, 1790, yeas, 34; nays, 32.

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