Constitution
1787
United States
1776–
YogeBooks
2009:10:03:22:51:35
The United States of America.
2
W
e, 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.
Article i.
Sect. 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.
Sect. 2. The Houſe of Repreſentatives ſhall be compoſed of
members choſen every ſecond year by the people of the
ſeveral ſtates, and the electors in each ſtate ſhall have the
qualifications requiſite for electors of the moſt numerous
branch of the ſtate legiſlature.
No perſon ſhall be a representative who ſhall not have attained
to the age of twenty‑five years, and been ſeven years a citizen
of the United States, and who ſhall not, when elected, be an
inhabitant of that ſtate in which he ſhall be choſen.
Repreſentatives and direct taxes ſhall be apportioned among
the ſeveral ſtates which may be included within this Union,
according to their reſpective numbers, which ſhall be
determined by adding to the whole number of free peſsons,
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
3
The United States of America.
the firſt meeting of the Congreſs of the United States, and
within every ſubſequent term of ten years, in ſuch manner as
they ſhall by law direct. The number of repreſentatives ſhall
not exceed one for every thirty thouſand, but each ſtate ſhall
have at leaſt one repreſentative; and until ſuch enumeration
ſhall be made, the ſtate of New‑Hampshire ſhall be entitled
to chuſe three, Maſſachuſetts eight, Rhode‑Iſland and
Providence Plantations one, Connecticut five, New‑York ſix,
New‑Jerſey four, Pennſylvania eight, Delaware one, Maryland
ſix, Virginia ten, North‑Carolina five, South‑Carolina five,
and Georgia three.
When vacancies happen in the repreſentation from any ſtate,
the Executive authority thereof ſhall iſſue writs of election to
fill ſuch vacancies.
The Houſe of Repreſentatives ſhall chuſe their Speaker and
other officers; and ſhall have the ſole power of impeachment.
Sect. 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.
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
The Constitution.
No perſon ſhall be a ſenator who ſhall not have attained
to the age of thirty years, and been nine years a citizen of
the United States, and who ſhall not, when elected, be an
inhabitant of that ſtate for which he ſhall be choſen.
The Vice‑Preſident of the United States ſhall be Preſident
of the ſenate, but ſhall have no vote, unleſs they be equally
divided.
The Senate ſhall chuſe their other officers, and alſo a Preſident
pro tempore, in the abſence of the Vice‑Preſident, or when
he ſhall exerciſe the office of Preſident of the United States.
The Senate ſhall have the ſole power to try all impeachments.
When ſitting for that purpoſe, they ſhall be on oath or
affirmation. When the Preſident of the United States is
tried, the Chief Justice ſhall preside: And no perſon ſhall
be convicted without the concurrence of two‑thirds of the
members preſent.
Judgment in caſes of impeachment ſhall not extend further
than to removal from office, and diſqualification to hold and
enjoy any office of honor, truſt or profit under the United
States; but the party convicted ſhall nevertheleſs be liable
and ſubject to indictment, trial, judgment and puniſhment,
according to law.
Sect. 4. The times, places and manner of holding elections for
ſenators and repreſentatives, ſhall be prescribed in each ſtate
by the legiſlature thereof; but the Congreſs may at any time
by law make or alter ſuch regulations, except as to the places
of chuſing Senators.
5
The United States of America.
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.
Sect. 5. Each houſe ſhall be the judge of the elections, returns
and qualifications of its own members, and a majority of
each ſhall conſtitute a quorum to do buſineſs; but a ſmaller
number may adjourn from day to day, and may be authoriſed
to compel the attendance of abſent members, in ſuch manner,
and under ſuch penalties as each houſe may provide.
Each houſe may determine the rules of its proceedings,
puniſh its members for disorderly behaviour, and, with the
concurrence of two‑thirds, expel a member.
Each houſe ſhall keep a journal of its proceedings, and from
time to time publiſh the ſame, excepting ſuch parts as may in
their judgment require ſecrecy; and the yeas and nays of the
members of either houſe on any question ſhall, at the deſire
of one‑fifth of thoſe preſent, be entered on the journal.
Neither houſe, during the ſeſſion of Congreſs, ſhall, without
the conſent of the other, adjourn for more than three days,
nor to any other place than that in which the two houſes
ſhall be fitting.
Sect. 6. The ſenators and repreſentatives ſhall receive a
compenſation for their ſervices, to be aſcertained by law, and
paid out of the treaſury of the United States. They ſhall in
all caſes, except treaſon, felony and breach of the peace, be
privileged from arreſt during their attendance at the ſeſſion
of their refpective houfes, 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
The Constitution.
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.
Sect. 7 All bills for raiſing revenue ſhall originate in the houſe
of repreſentatives; but the ſenate may propose or concur with
amendments as on other bills.
Every bill which ſhall have paſſed the houſe of repreſentatives
and the ſenate, ſhall, before it become a law, be preſented to
the preſident of the United States; if he approve he ſhall ſign
it, but if not he ſhall return it, with his objections to that
houſe in which it ſhall have originated, who ſhall enter the
objections at large on their journal, and proceed to reconſider
it. If after ſuch reconſideration two‑thirds of that houſe
ſhall agree to paſs the bill, it ſhall be ſent, together with the
objections, to the other houſe, by which it ſhall likewise be
reconſidered, and if approved by two‑thirds of that houſe, it
ſhall become a law. But in all ſuch caſes the votes of both
houſes ſhall be determined by yeas and nays, and the names
of the perſons voting for and againſt the bill ſhall be entered
on the journal of each houſe respectively. If any bill ſhall
not be returned by the Preſident within ten days (Sundays
excepted) after it ſhall have been presented to him, the same
ſhall be a law, in like manner as if he had ſigned it, unleſs the
Congreſs by their adjournment prevent its return, in which
caſe it ſhall not be a law.
Every order, reſolution, or vote to which the concurrence of
the Senate and Houſe of Repreſentatives may be neceſſary
(except on a queſtion of adjournment) ſhall be presented to
7
The United States of America.
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.
Sect. 8. The Congreſs ſhall have power
To lay and collect taxes, duties, impoſts and exciſes, to pay
the debts and provide for the common defence and general
welfare of the United States; but all duties, impoſts and
exciſes ſhall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the
ſeveral ſtates, and with the Indian tribes;
To establiſh an uniform rule of naturalization, and uniform
laws on the ſubject of bankruptcies throughout the United
States;
To coin money, regulate the value thereof, and of foreign
coin, and fix the ſtandard of weights and meaſures;
To provide for the puniſhment of counterfeiting the ſecurities
and current coin of the United States;
To establish poſt offices and poſt roads;
To promote the progreſs of ſcience and uſeful arts, by ſecuring
for limited times to authors and inventors the exclusive right
to their reſpective writings and diſcoveries;
To constitute tribunals inferior to the ſupreme court;
8
The Constitution.
To define and puniſh piracies and felonies committed on the
high ſeas, and offences against the law of nations;
To declare war, grant letters of marque and repriſal, and make
rules concerning captures on land and water;
To raiſe and ſupport armies, but no appropriation of money
to that uſe ſhall be for a longer term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land
and naval forces;
To provide for calling forth the militia to execute the laws of
the union, ſuppreſs inſurrections and repel invaſions;
To provide for organizing, arming, and diſciplining, the
militia, and for governing ſuch part of them as may be
employed in the ſervice of the United States, reſerving to the
States reſpectively, the appointment of the officers, and the
authority of training the militia according to the diſcipline
preſcribed by Congreſs;
To exerciſe excluſive legiſlation in all caſes whatsoever, over
ſuch diſtrict (not exceeding ten miles ſquare) as may, by
ceſſion of particular States, and the acceptance of Congreſs,
become the ſeat of the government of the United States, and
to exerciſe like authority over all places purchaſed by the
conſent of the legiſlature of the ſtate in which the same ſhall
be, for the erection of forts, magazines, arſenals, dock‑yards,
and other needful buildings;—And
To make all laws which ſhall be neceſſary and proper for
carrying into execution the foregoing powers, and all other
9
The United States of America.
powers veſted by this conſtitution in the government of the
United States, or in any department or officer thereof.
Sect. 9. The migration or importation of ſuch perſons as any
of the ſtates now existing ſhall think proper to admit, ſhall
not be prohibited by the Congreſs prior to the year one
thousand eight hundred and eight, but a tax or duty may be
imposed on ſuch importation, not exceeding ten dollars for
each perſon.
The privilege of the writ of habeas corpus ſhall not be
ſuſpended, unleſs when in caſes of rebellion or invaſion the
public safety may require it.
No bill of attainder or ex post facto law ſhall be passed.
No capitation, or other direct, tax ſhall be laid, unleſs in
proportion to the cenſus or enumeration herein before
directed to be taken.
No tax or duty ſhall be laid on articles exported from any ſtate.
No preference ſhall be given by any regulation of commerce
or revenue to the ports of one ſtate over thoſe of another: nor
ſhall vessels bound to, or from, one ſtate, be obliged to enter,
clear, or pay duties in another.
No money ſhall be drawn from the treaſury, but in conſequence
of appropriations made by law; and a regular ſtatement and
account of the receipts and expenditures of all public money
ſhall be published from time to time.
No title of nobility ſhall be granted by the United States:—
And no perſon holding any office of profit or truſt under
them, ſhall, without the conſent of the Congreſs, accept of
10
The Constitution.
any preſent, emolument, office, or title, of any kind whatever,
from any king, prince, or foreign ſtate.
Sect. 10. No ſtate ſhall enter into any treaty, alliance, or
confederation; grant letters of marque and reprisal; coin
money; emit bills of credit; make any thing but gold and
ſilver coin a tender in payment of debts; paſs any bill of
attainder, ex poſt facto law, or law impairing the obligation
of contracts, or grant any title of nobility.
No ſtate ſhall, without the conſent of the Congreſs, lay any
impoſts or duties on imports or exports, except what may
be abſolutely neceſſary for executing 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 controul of the Congreſs. No ſtate ſhall, without
the conſent of Congreſs, lay any duty of tonnage, keep troops,
or ſhips of war in time of peace, enter into any agreement
or compact with another ſtate, or with a foreign power, or
engage in war, unleſs actually invaded, or in ſuch imminent
danger as will not admit of delay.
ii.
Sect. 1. The executive power ſhall be veſted in a preſident of
the United States of America. He ſhall hold his office during
the term of four years, and, together with the vice‑preſident,
choſen for the ſame term, be elected, as follows.
Each ſtate ſhall appoint, in ſuch manner as the legiſlature
thereof may direct, a number of electors, equal to the whole
number of ſenators and repreſentatives to which the ſtate may
be entitled in the Congreſs: but no ſenator or repreſentative,
or perſon holding an office of truſt or profit under the United
States, ſhall be appointed an elector.
11
The United States of America.
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 lift 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.
The Congreſs may determine the time of chusing the electors,
and the day on which they ſhall give their votes; which day
ſhall be the ſame throughout the United States.
No Perſon except a natural born citizen, or a citizen of the
United States, at the time of the adoption of this consſitution,
ſhall be eligible to the office of preſident; neither ſhall any
perſon be eligible to that office who ſhall not have attained
12
The Constitution.
to the age of thirty‑five years, and been fourteen years a
resident within the United States.
In caſe of the removal of the preſident from office, or of
his death, reſignation, or inability to diſcharge the powers
and duties of the ſaid office, the same ſhall devolve on the
vice‑preſident, and the Congreſs may by law provide for the
caſe of removal, death, reſignation or inability, both of the
preſident and vice‑preſident, declaring what officer ſhall
then act as preſident, and ſuch officer ſhall act accordingly,
until the diſability be removed, or a preſident ſhall be elected.
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.
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.”
Sect. 2. The preſident ſhall be commander in chief of the
army and navy of the United States, and of the militia of
the ſeveral States, when called into the actual service of the
United States; he may require the opinion, in writing, of the
principal officer in each of the executive departments, upon
any ſubject relating to the duties of their reſpective offices,
and he ſhall have power to grant reprieves and pardons
for offences againſt the United States, except in caſes of
impeachment.
13
The United States of America.
He ſhall have power, by and with the advice and conſent
of the ſenate, to make treaties, provided two‑thirds of the
ſenators preſent concur; and he ſhall nominate, and by and
with the advice and conſent of the ſenate, ſhall appoint
ambaſſadors, other public ministers and conſuls, judges of
the ſupreme court, and all other officers of the United States,
whoſe appointments are not herein otherwise provided for,
and which ſhall be established by law. But the Congreſs may
by law veſt the appointment of ſuch inferior officers, as they
think proper, in the preſident alone, in the courts of law, or in
the heads of departments.
The preſident ſhall have power to fill up all vacancies that
may happen during the receſs of the ſenate, by granting
commiſſions which ſhall expire at the end of their next ſeſſion.
Sect. 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 resſpect 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.
Sect. 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.
iii.
Sect. 1. The judicial power of the United States, ſhall be vested
in one ſupreme court, and in ſuch inferior courts as the
14
The Constitution.
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.
Sect. 2. The judicial power ſhall extend to all caſes, in law and
equity, ariſing under this conſtitution, the laws of the United
States, and treaties made, or which ſhall be made, under
their authority; to all caſes affecting ambaſſadors, other
public miniſters and consuls; to all caſes of admiralty and
maritime juriſdiction; to controversies to which the United
States ſhall be a party; to controverſies between two or more
States, between a ſtate and citizens of another ſtate, between
citizens of different States, between citizens of the ſame ſtate
claiming lands under grants of different States, and between
a ſtate, or the citizens thereof, and foreign States, citizens or
ſubjects.
In all cases affecting ambaſſadors, other public miniſters and
consuls, and thoſe in which a ſtate ſhall be party, the ſupreme
court ſhall have original jurisdiction. In all the other cases
before mentioned, the ſupreme court ſhall have appellate
jurisdiction, both as to law and fact, with ſuch exceptions,
and under ſuch regulations as the Congreſs ſhall make.
The trial of all crimes, except in caſes of impeachment, ſhall
be by jury; and ſuch trial ſhall be held in the ſtate where
the ſaid crimes ſhall have been committed; but when not
committed within any ſtate, the trial ſhall be at ſuch place or
places as the Congreſs may by law have directed.
Sect. 3. Treaſon againſt the United States, ſhall conſiſt only
in levying war againſt them, or in adhering to their enemies,
giving them aid and comfort. No perſon ſhall be convicted of
15
The United States of America.
treaſon unleſs on the teſtimony of two witneſſes to the ſame
overt act, or on confeſſion in open court.
The Congreſs ſhall have power to declare the puniſhment
of treaſon, but no attainder of treaſon ſhall work corruption
of blood, or forfeiture except during the life of the perſon
attainted.
iv.
Sect. 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.
Sect. 2. The citizens of each ſtate ſhall be entitled to all
privileges and immunities of citizens in the ſeveral ſtates.
A perſon charged in any ſtate with treaſon, felony, or other
crime, who ſhall flee from juſtice, and be found in another
ſtate, ſhall, on demand of the executive authority of the ſtate
from which he fled, be delivered up, to be removed to the
ſtate having juriſdiction of the crime.
No perſon held to ſervice or labour in one ſtate, under the
laws thereof, eſcaping into another, ſhall, in conſequence of
any law or regulation therein, be diſcharged from ſuch ſervice
or labour, but ſhall be delivered up on claim of the party to
whom ſuch ſervice or labour may be due.
Sect. 3. New ſtates may be admitted by the Congreſs into this
union; but no new ſtate ſhall be formed or erected within the
juriſdiction of any other ſtate; nor any ſtate be formed by the
junction of two or more ſtates, or parts of ſtates, without the
16
The Constitution.
conſent of the legiſlatures of the ſtates concerned, as well as
of the Congreſs.
The Congreſs ſhall have power to diſpoſe of and make all
needful rules and regulations reſpecting the territory or other
property belonging to the United States; and nothing in this
Conſtitution ſhall be so conſtrued as to prejudice any claims
of the United States, or of any particular ſtate.
Sect. 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.
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.
vi.
All debts contracted and engagements entered into, before
the adoption of this Conſtitution, ſhall be as valid againſt
17
The United States of America.
the United States under this conſtitution, as under the
confederation.
This conſtitution, and the laws of the United States which
ſhall be made in purſuance thereof; and all treaties made, or
which ſhall be made, under the authority of the United States,
ſhall be the ſupreme law of the land; and the judges in every
ſtate ſhall be bound thereby, any thing in the conſtitution or
laws of any ſtate to the contrary notwithſtanding.
The ſenators and repreſentatives beforementioned, 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
qualiſication to any office or public truſt under the United
States.
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.
George Washington, Preſident,
And Deputy from Virginia.
18
The Constitution.
New‑Hampshire. John Langdon, Nicholas Gilman.
Massachusetts. Nathaniel Gorham, Rufus King.
Connecticut. William Samuel Johnſon, Roger Sherman.
New‑York. Alexander Hamilton.
New‑Jersey. William Livingſton, David Brearley, William
Paterſon, Jonathan Dayton.
Pennsylvania. Benjamin Franklin, Thomas Mifflin, Robert
Morris, George Clymer, Thomas Fitzſimons, Jared Ingerſoll,
James Wilſon, Gouverneur Morris.
Delaware. George Read, Gunning Bedford, Junior, John
Dickinſon, Richard Baſſett, Jacob Broom.
Maryland. James McHenry, Daniel of St. Tho. Jenifer, Daniel
Carrol.
Virginia. John Blair, James Madiſon, Junior.
North‑Carolina. William Blount, Richard Dobbs Spaight,
Hugh Williamson.
South‑Carolina. John Rutledge, Charles Cotesworth
Pinckney, Charles Pinckney, Pierce Butler.
Georgia. William Few, Abraham Baldwin,
Atteſt, William Jackson, Secretary.
19
The United States of America.
In Convention, Monday September 17th, 1787.
present
The States of New‑Hampſhire, Maſſachuſetts,
Connecticut, Mr. Hamilton from New‑York,
New‑Jerſey, Pennſylvania, Delaware, Maryland,
Virginia, North‑Carolina, South‑Carolina and
Georgia:
resolved,
T hat the preceding Conſtitution be laid before the United
States in Congreſs aſſembled, and that it is the opinion
of this Convention, that it ſhould afterwards be ſubmitted to
a Convention of Delegates, choſen in each State by the People
thereof, under the recommendation of its Legiſlature, for their
aſſent and ratification; and that each Convention aſſenting to,
and ratifying the ſame, ſhould give Notice thereof to the United
States in Congreſs aſſembled.
Reſolved, That it is the opinion of this Convention, that as
ſoon as the Conventions of nine States ſhall have ratified this
Conſtitution, the United States in Congreſs aſſembled ſhould fix
a day on which Electors ſhould be appointed by the States which
ſhall have ratified the ſame, and a day on which the Electors
ſhould aſſemble to vote for the Preſident, and the time and
place for commencing proceedings under this Conſtitution. That
after ſuch publication the Electors ſhould be appointed, and the
Senators and Repreſentatives elected: That the Electors ſhould
meet on the day fixed for the Election of the Prefident, and ſhould
tranſmit their votes, certified, ſigned, ſealed, and directed, as the
Conſtitution requires, to the Secretary of the United States in
Congreſs aſſembled, that the Senators and Repreſentatives ſhould
20
The Constitution.
convene at the time and place aſſigned; that the Senators ſhould
appoint a Preſident of the Senate, for the ſole purpoſe of receiving,
opening and counting the votes for Preſident; and, after he ſhall be
choſen, the Congreſs, together with the Preſident, ſhould, without
delay, proceed to execute this Conſtitution.
By the unanimous Order of the Convention,
George Washington, Preſident.
William Jackson, Secretary.
21
The United States of America.
In Convention, September 17th, 1787.
sir,
W e have now the honor to ſubmit to the conſideration
of the United States in Congreſs aſſembled, that
Conſtitution which has appeared to us the moſt adviſable.
The friends of our country have long ſeen and deſired, that
the power of making war, peace and treaties, that of levying
money and regulating commerce, and the correſpondent
executive and judicial authorities ſhould be fully and
effectually veſted in the general government of the Union:
but the impropriety of delegating ſuch extenſive truſt to one
body of men is evident—Hence reſults the neceſſity of a
different organization.
It is obviouſly impracticable in the fœderal government of
theſe ſtates, to ſecure all rights of independent ſovereignty
to each, and yet provide for the intereſt and ſafety of all—
Individuals entering into ſociety, muſt give up a ſhare of
liberty to preſerve the reſt. The magnitude of the ſacrifice
muſt depend as well on ſituation and circumſtances, as on
the object to be obtained. It is at all times difficult to draw
with preciſion the line between thoſe rights which muſt be
ſurrendered, and thoſe which may be reſerved; and on the
preſent occaſion this difficulty was encreaſed by a difference
among the ſeveral States as to their ſituation, extent, habits,
and particular intereſts.
In all our deliberations on this ſubject we kept ſteadily in our
view, that which appears to us the greateſt intereſt of every
true American, the conſolidation of our Union, in which is
involved our proſperity, felicity, ſafety, perhaps our national
exiſtence. This important conſideration, ſeriously and deeply
impreſſed on our minds, led each State in the Convention
22
The Constitution.
to be leſs rigid on points of inferior magnitude, than might
have been otherwiſe expected; and thus the Conſtitution,
which we now preſent, is the reſult of a ſpirit of amity, and of
that mutual deference and conceſſion which the peculiarity
of our political ſituation rendered indiſpensable.
That it will meet the full and entire approbation of every
State is not perhaps to be expected; but each will doubtleſs
consider, that had her intereſts been alone conſulted, the
conſequences might have been particularly diſagreeable or
injurious to others; that it is liable to as few exceptions as
could reaſonably have been expected, we hope and believe;
that it may promote the laſting welfare of that country ſo
dear to us all, and ſecure her freedom and happineſs, is our
moſt ardent wiſh.
With great reſpect,
We have the honor to be, Sir,
Your Excellency’s moſt
Obedient and humble Servants,
George Waſhington, Preſident.
By unanimous Order of the Convention.
His Excellency
The Preſident of Congreſs.
23
The United States of America.
24