The Constitution [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. Whereas the Convention assembled in Philadelphia, pursuant to declared to the resolution of Congress, of the 21st February, 1787, did, on the be ratified. 17th of September, in the same year, report to the United States in Congress assembled, a Constitution for the people of the United States; whereupon, Congress, on the 28th of the same September, did resolve unanimously, "that the said report, with the resolutions and letter accompanying the same, 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 made and provided in that case:" and whereas the Constitution so reported by the Convention, and by Congress transmitted to the several Legislatures, has been ratified in the manner therein declared to be sufficient for the establishment of the same, and such ratifications duly authenticated have been received by Congress, and are filed in the office of the Secretary; therefore, Federal ment to go tion on the Resolved, That the first Wednesday in January next be the day govern- for appointing electors in the several states, which before the said into opera- day shall have ratified the said Constitution; that the first Wednesday in February next be the day for the electors to assemble in their several states, and vote for a President; and that the first Wednesday in March next be the time, and the present seat of Congress the place, for commencing proceedings under the said Constitution. 4th of March, 1789. Restric tions on the powers of Con g.ess. AMENDMENTS TO THE CONSTITUTION OF THE [The following amendments were proposed at the first session of the first ARTICLE I. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the treedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ARTICLE II. A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. ARTICLE III. Right of the people to keep arms, &c. Quartering of sol No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to diers, &c. be prescribed by law. ARTICLE IV. warrants, The right of the people to be secure in their persons, houses, papers, Searchand effects, against unreasonable searches and seizures shall not be &c. violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE V. Proceed ings No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, against except in cases arising in the land or naval forces, or in the militia, persons charged when in actual service, in time of war or public danger; nor shall any with person be subject for the same offence to be twice put in jeopardy of crimes. life or limb; nor shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, with- rights. out due process of law; nor shall private property be taken for public use without just compensation. ARTICLE VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence. ARTICLE VII. Their Further rights. In suits at common law, where the value in controversy shall exceed Right of trial by twenty dollars, the right of trial by jury shall be preserved; and no jury. fact tried by a jury shall be otherwise reëxamined in any court of the United States, than according to the rules of the common law. ARTICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, Excessive nor cruel and unusual punishments inflicted. bail, &c. Construction of ARTICLE IX. The enumeration, in the Constitution, of certain rights, shall not be Constitu- construed to deny or disparage others retained by the people. tion. Powers reserved to ARTICLE X. The powers not delegated to the United States by the Constitution, the states. nor prohibited by it to the states, are reserved to the states respectively, or to the people. Restric tion of judicial pow ers. Mode of [The following amendment was proposed at the second session of the third Congress. It is printed in the Laws of the United States, 1st vol. p. 73, as article 11.] ARTICLE XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. [The three following sections were proposed as amendments at the first session of the eighth Congress. They are printed in the Laws of the United States as ARTICLE TWELVE.] ARTICLE XII. 1. The electors shall meet in their respective states, and vote, by electing ballot, for President and Vice-President, one of whom, at least, shall dent and not be an inhabitant of the same state with themselves; they shall dent of the name, in their ballots, the person voted for as President, and in dis the Presi Vice-Presi United Siates. President. tinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists 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 for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, 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. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. ident. 2. The person having the greatest number of votes as Vice-Presi- Vice-Presdent shall be the Vice-President, if such number be a majority of the' whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of Presi- Ib. dent shall be eligible to that of Vice-President of the United States. [In the edition of the Laws of the United States before referred to, there is an amendment printed as article 13, prohibiting citizens from accepting titles of nobility, or honor, or presents, offices, &c., from foreign nations. But by a message of the President of the United States, of the 4th of February, 1818, in answer to a resolution of the House of Representatives, it appears that this amendment had been ratified only by twelve states, and therefore had not been adopted. See vol. v. of the printed papers of the 1st session of the 15th Congress, No. 76. 57* |