Vacancies. Of their officers. Of the Senate. Their classes. Vacancies. Qualifications 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 Gorgia three. [See 5 Wheat., 317.] 4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their Speaker, and other officers, and shall have the sole power of impeach ment. SECT. III. 1. 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. [See 6 Wheat., 390.] 2. 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. 3. No person shall be a Senator who shall not have attained of the Senators. 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. Of the Vice 4. The Vice President of the United States shall be President of the Senate, but shall have no vote unless they be equally divided. 5. The Senate shall choose their other officers, and also a Of the officers of 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. Of impeachment. Manner of elect 6. 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. 7. Judgment, in case 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. IV. 1. The times, places, and manner of holding elec ing members of tions for Senators and Representatives, shall be prescribed by Congress. each State, by the Legislature thereof; but the Congress may, at any time, by law, make or alter such regulations, except as to the place of choosing Senators. 2. Congress shall assemble at least once in every year; and Of the meetings such meeting shall be on the first Monday in December, unless of Congress. they shall by law appoint a different day. SECT. V. 1. Each House shall be the judge of the elections, Powers of each returns, and qualifications of its own members; and a majority House. of each shall 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 the absent members, in su h manner and under such penalties as each House may provide. 2. Each House may determine the rules of its proceedings, Expulsion. punish its members for disorderly behaviour, and with the concurrence of two-thirds, expel a member. [See 1 Hall's Am. Law Journal, 459.] 3. Each House shall keep a journal of its proceedings, and Journal and from time to time publish the same, excepting such parts as may, yeas and nays. in their judgment, require secrecy; and the yeas and nays of members of either House, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. 4. Neither House, during the session of Congress, shall, with- Of adjournout the consent of the other, adjourn for more than three days, ment. nor to any other place than to that in which the two Houses shall be sitting. Compensation, SECT. VI. 1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and privileges, and paid out of the treasury of the United States. They shall, in incapacities of all cases, except treason, felony, and breach of the peace, be the members. 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. 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. Exclusion from office. SECT. VII. 1. All bills for raising revenue shall originate in Revenue bills. 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 Repre- Manner of passsentatives and the Senate, shall, before it become a law, be pre- ing bills, &c. sented 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 the House in which it shall have originated, who shall enter the objections at large on their journal, and proceed to re-consider it. If, after such re-consideration, 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 re-considered, 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 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 Orders, resolutions and votes. of the Senate and House of Representatives may be necessary, (except on a question of adjournment,) shall be presented to 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 re-passed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of bills. General powers of Congress. SECT. VIII. Congress shall have power: 1. 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. [See 5 Wheaton, 317.] 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. [See 9 Wheaton, Hall's Am. L. Jour., 255, 272. Johns., 488.] 4. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States. [See 4 Wheaton, 122, 193, 209. 2 Wheaton, 266. 20 Johns., 93.] 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. [See Wheaton's App., n. 2, p. 13. 7.Wheaton, 356.] 9. To constitute tribunals inferior to the Supreme Court. 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations. [5 Wheaton, 184, 153, 76. 3 Wheaton, 336.] 11. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and waters. [8 Cranch, 110, 154.7 12. To raise and support armies; but no appropriation of money to that use shall be for a longer period than two years. 13. To provide and maintain a navy. [See 1 Mason, 79, 81. 4 Binn., 487.] 14. To make rules for the government and regulation of the land and naval forces. 15. To provide for calling forth the militia to execute the laws of the Union, suppress insurrection, and repel invasion [See 5 Wheaton, 1. 19 Johns., 7.] 16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be em ployed in the service of the United States, reserving to the 17. 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 authority 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-[See 2 Mason, 60. 5 Wheaton, 217, 324. 6 Wheaton, 440. Jour. of Juris., 47, 156. 17 Johns., 225.] 18. 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. [4 Wheat., 413. 6 Wheat., 204.] SECT. IX. 1. The migration or importation of such persons Limitations of as any of the States now existing shall think porper to admit, the powers of shall not be prohibited by Congress, prior to the year one thou- Congress. sand eight hundred and eight; but a tax or duty may be im posed on such importation, not exceeding ten dollars for each person. 2. The privilege of the writ of habeas corpus shall not be sus. pended, unless, when in case of rebellion or invasion, the public safety may reqire it. 3. No bill of attainder, or ex post facto law shall be passed. [See 3 Dallas, 386, 396. 6 Binn., 271.] 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. [See 5 Wheat., 317. 3 Dall., 171.] 5. 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. 6. 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. 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 Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince or foreign State. Limitations SECT. X. 1. No State shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin the powers of money; emit bills of credit; make anything but gold and silver the individual coin a tender in payment of debts; pass any bill of attainder, States. ex post facto law, or law impairing the obligation of contracts; or grant any title of nobility. [See 8 Wheat., 84, 92, 256, n. 464. 5 Wheat., 420. 4 Wheat., 518, 1, 209. 6 Wheat., 131. Of the Executive power. 16 Johns., 233. 13 Mass., 16. 17 Johns. Ch. R., 297. 2 Cowen, 626.] 2. No State shall, without the consent of 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 control of Congres. No State shall, without the consent of Congress, lay any duty on 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. ARTICLE II. OF THE PRESIDENT. SECT I. 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: 2. Each State shall appoint, in such manner as the LegislaManner of elect- ture thereof may direct, a number of electors equal to the whole ing. number of Senators and Representatives to which the State may be entitled in Congress; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. Altered.-See amendments, Article XII. 3. 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 list 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 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 the votes of the electors, shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them, by ballot, the Vice President. [This clause is altogether altered and supplied by the XIIth amendment.] |