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CONSTITUTIONS

OF TIE

UNITED STATES OF AMERICA,

AND OF THE

COMMONWEALTH OF MASSACHUSETTS.

CONSTITUTION

OF THE

UNITED STATES OF AMERICA.

PREAMBLE.

SECTION Objects of the Constitution.

2. President to be commander in chief.-HO

may require opinion of, &c. and may pardon. ARTICLE I. SECTION

- Treaty making power. – Nomination of

certain officers. -- When president may fill 1. Legislative powers, in whom vested.

vacancies. 2 House of representatives, how and by

3. President shall communicate to congress. whom chosen.-Qualifications of a repre

He may convene and adjourn congress, in sentative. - Representatives and direct tax

case, &c.; shall receive ambassadors, exees, how apportioned. - Census.- Vacancies

cute laws, and commission officers. to be filled. - Power of choosing officers,

4. Al civil offices forfeited for certain crimes. and of impeachment. 3. Senators, how and by whom chosen.

ARTICLE III. How classified. - State executive to make SECTION temporary appointments, in case, &c. - 1. Judicial power. — Tenure. - - Compensation. Qualifications of a senator.- President of 2. Judicial power, to what cases it extends. the senate, his right to vote. - President Original jurisdiction of supreme court. pro tem. and other officers of senate, how Appellate. – Trial by jury, except, &c. chosen. – Power to try impeachments. – Trial, where. When president is tried, chief justice to pre- 3. Treason defined. Proof of. Punishside.-Sentence.

ment of 4. Times, &c. of holding elections, how pre

ARTICLE IV. seribed.- One session in each year.

SECTION 6. Membership.- Quorum. - Adjournments. 1. Credit to be given to public acts, &c. of -Rules.- Power to punish or expel. – every state. Journal.- Time of adjournment limited, 2. Privileges of citizens of each state. -Fugi. mless, &e.

tives from justice to be delivered up. - Per6. Compensation.- Privileges.- Disqualifica- sons held to service, having escaped, to be tion in certain cases.

delivered up. 7. House to originate all revenue bills.- Veto. 3. Admission of new states.- Power of con- Bill may be passed by two thirds of each gress over territory and other property. house, notwithstanding, &c. - Bill not re- 4. Republican form of government guarantiede turned in ten days.- Provision as to all or- - Each state to be protected. ders, &c. except, &c. & Powers of congress.

ARTICLE V. %. Provision as to migration or importation of Constitution, how amended. - Proviso.' certain persons. – Habeas corpus. - Bills of attainder, &c. - Taxes, how apportioned.

ARTICLE VI. No export duty.- No commercial prefer- Certain debts, &c. adopted. - Supremacy of conences. -No money drawn from treasury, stitution, treaties and laws of the United States. unless, &c. – No titular nobility.- Officers Oath to support constitution, by whom ta. not to receive presents, unless, &c.

ken. - No religious test. 10. States prohibited from the exercise of certain powers.

ARTICLE VII.

What ratification shall establish constitution. ARTICLE II. SECTION

AMENDMENTS. L President and vice president, their term of ARTICLE

office. - Electors of president and vice pres- 1. Religious establishment prohibited.-Freeident, number, and how appointed. - Eleo dom of speech, of the press, and right to tors to vote on same day. - Qualification petition. of president. On whom his duties devolve 2. Right to keep and bear arms. in case of his removal, death, &c. - Presi 3. No soldier to be quartered in any house, dent's compensation.- His oath.

unless, &c.

ARTICLE OF AMENDMENT.

4. Right of search and seizure regulated.
8. Provisions concerning prosecutions, trials,

and punishments. - Private property, not to

be taken for public use, without, &c.
6. Further provisions respecting criminal

prosecutions.
7. Right of trial by jury secured.

ARTICLE OF AMENDMENT.

8. Bail, fines, and punishments. 9. Rule of construction. 10. Same subject. 11. Same subject. 12. Manner of choosing president and vice pres

ident.

Preamble.
2 Dall. 419.
1 Wheat. 304.
4 Wheat. 316.
9 Wheat. 1.

WE the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, 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.

chosen every

ARTICLE I. Legislative SECTION 1. All legislative powers herein granted shall be vested in powers, in whom yested.

a congress of the United States, which shall consist of a senate and

house of representatives. House of repre- SECT. 2. The house of representatives shall be composed of members sentatives, how

second and by whom

year by the people of the several states, and the chosen. electors in each state shall have the qualifications requisite for electors

of the most numerous branch of the state legislature. Qualifications No person shall be a representative who shall not have attained to ofre. representa- 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. Representa- Representatives and direct taxes shall be apportioned among the tives and direct several states which may be included within this Union, according to portioned. 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 Census.

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 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 choose 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. Vacancies to be When vacancies happen in the representation from any state, the filled.

executive authority thereof shall issue writs of election to fill such

vacancies. Power of choos- The house of representatives shall choose their speaker and other ing officers, and officers; and shall have the sole power of impeachment. of impeach

Sect. 3. The senate of the United States shall be composed of two Senators, how senators from each state, chosen by the legislature thereof, for six years;

and each senator shall have one vote. . How classified. 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 State executive happen by resignation, or otherwise, during the recess of the legislature to make tempo- of any state, the executive thereof may make temporary appointments ments, In case, until the next meeting of the legislature, which shall then fill such &c.

vacancies.

ment.

chosen.

to vote.

officers of senate,how chosen.

No person shall be a senator who shall not have attained to the age Qualifications of thirty years, and been nine years a citizen of the United States, and of a senator. 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 President of the senate, but shall have no vote, unless they be equally divided.

senate, his right The senate shall choose their other officers, and also a president pro President pro tempore, in the absence of the

vice president, or when he shall exercise tem. and other the office of president of the United States. The senate shall have the sole power to try all impeachments. When Power to try

impeachments. sitting for that purpose, they shall be on oath or affirmation. When

When president the president of the United States is tried, the chief justice shall pre- is tried, chief side: and no person shall be convicted without the concurrence of two justice to prethirds of the members present.

Judgment in cases of impeachment shall not extend further than to Sentence. remoral 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 sen- Times, &c. of ators and representatives, shall be prescribed in each state by the legis- tions, low prelature thereof; but the congress may at any time by law make or alter scribed.

U. S. Statutes, such regulations, except as to the places of choosing senators.

1842, 47, § 2. The congress shall assemble at least once in every year, and such One session in meeting shall be on the first Monday in December, unless they shall by each year. law appoint a different day.

SECT. 5. Each house shall be the judge of the elections, returns and Membership. qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from Quorum. day to day, and may be authorized to compel the attendance of absent Adjournments. members, in such manner, and under such penalties as each house may provide. Each house may determine the rules of its proceedings, and punish Rules. Power

to punish or ex its members for disorderly behavior, and, with the concurrence of two pelo thirds, expel a member.

Each house shall keep a journal of its proceedings, and from time to Journal. 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 con- Time of adsent of the other

, adjourn for more than three days, nor to any other tedy meets, c. place than that in which the two houses shall be sitting.

SECT. 6. The senators and representatives shall receive a compen- Compensation. sation 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, Privileges. 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. No senator or representative shall

, during the time for which he was Disqualification 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 increased 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 House to origi: representatives; but the senate may propose or concur with amend- bills. ments as on other bills.

in certain cases.

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