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[NOTE From the circumstance of delegates from the same state having signed the articles of
By an act of the legislature of this state, which will be found in 1st Jones and Varick's revision, p. 15, entitled "An act of accession to, and approbation of, certain proposed articles of confedera tion and perpetual union, between the United States of America, and to authorize the delegates of the State of New York to ratify the same, on the part and behalf of this state, in the congress of the United States," passed 6th February, 1778, the delegates from New York in congress were authorized to ratify the above articles, in behalf of this state.
The above articles of confederation continued in force until the 4th day of March, 1789, when the constitution of the United States took effect.]
House of representatives; its members;
by whom chosen.
'tions of representatives.
CONSTITUTION OF THE UNITED STATES.
WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, 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.
1. All legislative powers herein granted shall be vested in a congress of the United States, which shall consist of a senate and house of representatives.
1. The house of representatives shall be composed of members chosen every second year by the people of the several states; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
2. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.
3. Representatives and direct taxes shall be apportioned among taxes to be the several states which may be included within this union, according to according to their respective numbers, which shall be determined numbers. by adding to the whole number of free persons, including those
'every ten years.
bound to service for a term of years, and excluding Indians not Actual enu- 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 Limitation years, in such manner as they shall by law direct. The number of of represen- representatives shall not exceed one for every thirty thousand, but tation, &c. each state shall have at least one representative; and until such
of the ratio
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; First apporNew Jersey four; Pennsylvania eight; Delaware one; Maryland representa six; Virginia ten; North Carolina five; South Carolina five; and tives. Georgia three.
4. When vacancies happen in the representation from any state, Vacancies, the executive authority thereof shall issue writs of election to fill such vacancies.
5. The house of representatives shall choose their speaker and Powers of other officers, and shall have the sole power of impeachment.
1. The senate of the United States shall be composed of two Senators, senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote.
2. Immediately after they shall be assembled in consequence of The senate the first election, they shall be divided, as equally as may be, into three classthree classes. The seats of the senators of the first class shall be es vacated at the expiration of the second year, of the second class at When vathe expiration of the fourth year, and of the third class at the cated and expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation or otherwise, Vacancies, 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.
3. No person shall be a senator who shall not have attained to Qualifica the age of thirty years, and been nine years a citizen of the United tons of States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
4. The vice-president of the United States shall be president of President the senate, but shall have no vote, unless they be equally divided. 5. The senate shall choose their other officers and also a presi- Ib. and dent pro tempore, in the absence of the vice-president, or when he other offshall exercise the office of president of the United States.
6. The senate shall have the sole power to try all impeachments. The sole When sitting for that purpose, they shall be on oath or affirmation. Impeach When the president of the United States is tried, the chief justice the senate, shall preside; and no person shall be convicted without the concur- &c. rence of two-thirds of the members present.
7. Judgment in cases of impeachment shall not extend further Extent of than to removal from office, and disqualification to hold and enjoy in case of any office of honor, trust or profit under the United States; but ment the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.
1. The times, places and manner of holding elections for senators Elections and representatives, shall be prescribed in each state by the legisla- and repreture thereof; but the congress may, at any time, by law, make or sentatives, alter such regulations, except as to the places of choosing senators. ted.
2. The congress shall assemble at least once in every year, and Meetings of such meeting shall be on the first Monday in December, unless congress. they shall by law appoint a different day.
judge of the its own
1. Each house shall be the judge of the elections, returns and election of qualifications, of its own members, and a majority of each shall members. constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members in such manner and under such penalties as each house may provide.
2. Each house may determine the rules of its proceedings, punish own rules, its members for disorderly behavior, and with the concurrence of two-thirds, expel a member.
To keep and 3. Each house shall keep a journal of its proceedings, and from publish Journals, &c 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.
Senators and repre
to be paid,
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.
1. The senators and representatives shall receive a compensation sentatives 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 or returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
Disability to hold offices.
The forms of proceed
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 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.
1. All bills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with amendments as on other bills.
2. Every bill which shall have passed the house of representatives ing on bills, 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 cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sundays excepted) after it shall
have been presented to him, the same shall be a law in like manner as if he had signed it, unless the congress by their adjournment prevent its return, in which case it shall not be a law.
3. Every order, resolution or vote, to which the concurrence of The forms the senate and house of representatives may be necessary, (except ing on joint on a question of adjournment,) shall be presented to the president of except for the United States; and before the same shall take effect, shall be adjourn 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 limitatatious prescribed in the case of a bill.
The congress shall have power;
1. To lay and collect taxes, duties, imposts and excises; to pay Congress the debts and provide for the common defense and general welfare to lay taxes, of the United States; but all duties, imposts and excises shall be uniform throughout the United States:
2. To borrow money on the credit of the United States:
3. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes:
4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States : 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures:
6. To provide for the punishment of counterfeiting the securities and current coin of the United States:
7. To establish post-offices and post-roads:
8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors the exclusive right to their respective writings and discoveries:
9. To constitute tribunals inferior to the supreme court: to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations:
10. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water:
11. To raise and support armies; but no appropriation of money to that use, shall be for a longer term than two years:
12. To provide and maintain a navy :
13. To make rules for the government and regulation of the land and naval forces:
14. To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions:
15. 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 :
16. 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 government of the United States, and to exercise like authority over all places purchased, by the consent of the legislature
Importation of certain
to be pro
of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings: and,
17. 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.
1. The migration or importation of such persons as any of persons not the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the year one thousand eight until 1808. hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
Writ of ha- 2. The privilege of the writ of habeas corpus shall not be susbeas corpus. pended, unless when, in cases of rebellion or invasion, the public safety may require it.
Bills of attainder, &c.
No export duty nor
of one state
3. No bill of attainder, or ex post facto law shall be passed. 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken.
5. No tax or duty shall be laid on articles exported from any state. preference No preference shall be given by any regulation of commerce or to another, 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.
Money to be expended
6. No money shall be drawn from the treasury, but in conseby legal ap quence 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.
Powers which the states can exercise on
7. 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.
Powers for- 1. No state shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility. 2. No state shall, without the consent of the congress, lay any imposts or duties on imports or exports, except what may be ly under the absolutely necessary for executing its inspection laws; and the net sanction of 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. 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.