ARTICLE 2. SECTION 1. power vest 1. The executive power shall be vested in a president of the Executive United States of America. He shall hold his office during the term ed in a preof four years, and, together with the vice-president, chosen for the ident, &c. same term, be elected as follows: president 2. Each state shall appoint, in such manner as the legislature Electors of thereof may direct, a number of electors, equal to the whole number and viceof senators and representatives to which the state may be entitled president, in the congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. the electors &c. [3. The electors shall meet in their respective states, and vote by Meeting of ballot for two persons, of whom one at least shall not be an inhabi- of president tant of the same state with themselves. And they shall make a Their prolist of all the persons voted for, and of the number of votes for each; ceedings. 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 choose, 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, choose 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. 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 See amend equal votes, the senate shall choose from them, by ballot, the vice-ments, art. president.1] Annulled. choosing 4. The congress may determine the time of choosing the electors, Time of and the day on which they shall give their votes; which day shall electors. be the same throughout the United States. tions of the 5. No person, except a natural born citizen, or a citizen of the Qualifica United States at the time of the adoption of this constitution, shall president. be eligible to the effice 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. vacancy in 6. In case of the removal of the president from office, or of his In case of death, resignation, or inability to discharge the powers and duties the office of of the said office, the same shall devolve on the vice-president, and Prevent, the congress may, by law, provide for the case of removal, death, president to resignation or inability both of the president and vice-president, vice act, &c. Compensa tion of the 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. 7. The president shall, at stated times, receive for his services president. a compensation, which shall neither be increased 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." The president to take an oath. Powers of the president. Ib. Ib. Other duties and powers. ble to im 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 offenses 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. 1. 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. Officers lia- 1. The president, vice-president and all civil officers of the United peachment. States, shall be removed from office on impeachment for, and conviction of, treason, bribery or other high crimes and misdemeanors. ARTICLE 3. SECTION 1. 1. The judicial power of the United States shall be vested in one Judicial supreme court, and in such inferior courts as the congress may, from power. time to time ordain and establish. The judges, both of the supreme Judges to and inferior courts, shall hold their offices during good behavior; and offices dushall, at stated times, receive for their services a compensation which good shall not be diminished during their continuance in office. SECTION 2. hold their behavior, &c. the judicial ment No. 1. The judicial power shall extend to all cases in law and equity, Extent of arising under this constitution, the laws of the United States, and power. treaties made, or which shall be made, under their authority; to all (Modified. cases affecting ambassadors, other public ministers and consuls; to See amendall cases of admiralty and maritime jurisdiction; to controversies to 11.) 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. and appel the su 2. In all cases affecting ambassadors, other public ministers and Original consuls, and those in which a state shall be party, the supreme late juriscourt shall have original jurisdiction. In all other cases before diction of mentioned, the supreme court shall have appellate jurisdiction, both preme court as to law and fact, with such exceptions and under such regulations as the congress shall make. crimes to be 3. The trial of all crimes, except in cases of impeachment, shall Trial of be by jury, and such trial shall be held in the state where the said by jury, &c. 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 Definition war against them, or adhering to their enemies, giving them aid of treason. 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. declare its 2. The congress shall have power to declare the punishment of Congress to treason; but no attainder of treason shall work corruption of blood, punishment or foreiture, except during the life of the person attainted. ARTICLE 4. one state to 1. Full faith and credit shall be given in each state to the public Credit in acts, records and judicial proceedings of every other state. And the the public congress may, by general laws, prescribe the manner in which such acts, &c., of acts, records and proceedings shall be proved, and the effect thereof. SECTION 2. another. of citizens. 1. The citizens of each state shall be entitled to all privileges and Reciprocity immunities of citizens in the several states. Criminals flying from another, to 2. A person charged in any state with treason, felony or other one state to crime, who shall flee from justice, and be found in another state, be delivered 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. up on de mand. Runaways to be deli 3. No person held to service or labor in one state under the laws vered up. thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered up on claim of the party to whom such service or labor may be due. New states may be ad the union, &c. SECTION 3. 1. New states may be admitted by the congress into this union; mitted into 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. Congress to have power ry, &c. 2. The congress shall have power to dispose of and make all over territo- 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. Republican form of government guaran SECTION 4. 1. The United States shall guaranty to every state in this union a republican form of government, and shall protect each of them teed to each against invasion; and on application of the legislature, or of the executive, (when the legislature can not be convened,) against domestic violence. state, &c. Mode of amending tution. ARTICLE 5. 1. The congress, whenever two-thirds of both houses shall deem this consti- 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. Assumption of for. ARTICLE 6. 1. All debts contracted and engagements entered into, before the mer debts. adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation. This constitution, &c., preme law; the state 2. This constitution, and the laws of the United States which the su 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; anything in the constitution or laws of any state to the contrary notwithstanding. judges bound thereby. cers to take port consti 3. The senators and representatives before mentioned, and the Certain offmembers of the several state legislatures, and all executive and oath to supjudicial officers, both of the United States and of the several states, tution. shall be bound by oath or affirmation to support this constitution; but no religious test shall ever be required as a qualification to any No relioffice or public trust under the United States. ARTICLE 7. gious test. 1. The ratification of the conventions of nine states shall be Ratification 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. [The following extract from the journals of congress, shows the adoption of the constitution, and the time when it took effect.] IN CONGRESS, SATURDAY, SEPTEMBER 13, 1788. On the question to agree to the following proposition, it was resolved in the affirmative by the unanimous votes of nine states, viz., of New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Virginia, South Carolina, and Georgia. tution de Whereas the convention assembled in Philadelphia, pursuant to The consti the resolution of congress of the 21st February, 1787, did, on the clared to be 17th of September in the same year, report to the United States in ratified. congress assembled, a constitution for the people of the United States; whereupon congress, on the 28th of the same September, |