The Bill of Rights/The Constutition:
A Transcription
The Preamble to The Bill of Rights
Congress of the
United
States
begun and held at the City of
New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.
THE Conventions
of a number of the States, having at the time of their adopting the Constitution,
expressed a desire, in order to prevent misconstruction or abuse of its powers,
that further declaratory and restrictive clauses should be added: And as extending
the ground of public confidence in the Government, will best ensure the beneficent
ends of its institution.
RESOLVED
by the Senate and House of Representatives of the United States of America, in Congress
assembled, two thirds of both Houses concurring, that the following Articles be
proposed to the Legislatures of the several States, as amendments to the Constitution
of the United States, all, or any of which Articles, when ratified by three fourths
of the said Legislatures, to be valid to all intents and purposes, as part of the
said Constitution; viz.
ARTICLES
in addition to, and Amendment of the Constitution of the United States of America,
proposed by Congress, and ratified by the Legislatures of the several States, pursuant
to the fifth Article of the original Constitution.
Note: The following
text is a transcription of the first ten amendments to the Constitution in their
original form. These amendments were ratified December 15, 1791, and form what is
known as the "Bill of Rights."
Amendment I
Congress shall make no
law respecting an establishment of religion, or prohibiting the free exercise thereof;
or abridging the freedom 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.
Amendment 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.
Amendment III
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 be prescribed by law.
Amendment IV
The right of the people
to be secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no Warrants 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.
Amendment V
No person shall be held
to answer for a capital, or otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in the land or naval forces,
or in the Militia, when in actual service in time of War or public danger; nor shall
any person be subject for the same offence to be twice put in jeopardy of 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, without due process of law; nor shall
private property be taken for public use, without just compensation.
Amendment 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 defense.
Amendment VII
In Suits at common law,
where the value in controversy shall exceed twenty dollars, the right of trial by
jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined
in any Court of the
United States
, than according to the rules of the common law.
Amendment VIII
Excessive bail shall
not be required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted.
Amendment IX
The enumeration in the
Constitution, of certain rights, shall not be construed to deny or disparage others
retained by the people.
Amendment X
The powers not delegated
to the
United
States
by the Constitution, nor prohibited by it to the States, are reserved to the States
respectively, or to the people.
AMENDMENT XI
Passed by Congress
March 4, 1794. Ratified February 7, 1795.
Note: Article III, section
2, of the Constitution was modified by amendment 11.
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
.
AMENDMENT XII
Passed by Congress
December 9, 1803. Ratified June 15, 1804.
Note: A portion of Article
II, section 1 of the Constitution was superseded by the 12th amendment.
The Electors shall meet
in their respective states and vote by ballot for President and Vice-President,
one of whom, at least, shall not be an inhabitant of the same state with themselves;
they shall name in their ballots the person voted for as President, and in distinct
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 case of the death or other constitutional disability of the President. --]* The
person having the greatest number of votes as Vice-President, 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. But no person constitutionally ineligible to the office of President
shall be eligible to that of Vice-President of the
United
States
.
*Superseded by section
3 of the 20th amendment.
AMENDMENT XIII
Passed by Congress
January 31, 1865. Ratified December 6, 1865.
Note: A portion of Article
IV, section 2, of the Constitution was superseded by the 13th amendment.
Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof
the party shall have been duly convicted, shall exist within the
United
States
, or any place subject to their jurisdiction.
Section 2.
Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XIV
Passed by Congress
June 13, 1866. Ratified July 9, 1868.
Note: Article I, section 2,
of the Constitution was modified by section 2 of the 14th amendment.
Section 1.
All persons born or naturalized in the
United
States
, and subject to the jurisdiction thereof, are citizens of the
United
States
and of the State wherein they reside. No State shall make or enforce any law which
shall abridge the privileges or immunities of citizens of the
United States
; nor shall any State deprive any person of life, liberty, or property, without
due process of law; nor deny to any person within its jurisdiction the equal protection
of the laws.
Section 2.
Representatives shall be apportioned among the several States according to their
respective numbers, counting the whole number of persons in each State, excluding
Indians not taxed. But when the right to vote at any election for the choice of
electors for President and Vice-President of the United States, Representatives
in Congress, the Executive and Judicial officers of a State, or the members of the
Legislature thereof, is denied to any of the male inhabitants of such State, being
twenty-one years of age,* and citizens of the United States, or in any way abridged,
except for participation in rebellion, or other crime, the basis of representation
therein shall be reduced in the proportion which the number of such male citizens
shall bear to the whole number of male citizens twenty-one years of age in such
State.
Section 3.
No person shall be a Senator or Representative in Congress, or elector of President
and Vice-President, or hold any office, civil or military, under the United States,
or under any State, who, having previously taken an oath, as a member of Congress,
or as an officer of the United States, or as a member of any State legislature,
or as an executive or judicial officer of any State, to support the Constitution
of the United States, shall have engaged in insurrection or rebellion against the
same, or given aid or comfort to the enemies thereof. But Congress may by a vote
of two-thirds of each House, remove such disability.
Section 4.
The validity of the public debt of the
United States
, authorized by law, including debts incurred for payment of pensions and bounties
for services in suppressing insurrection or rebellion, shall not be questioned.
But neither the
United States
nor any State shall assume or pay any debt or obligation incurred in aid of insurrection
or rebellion against the
United States
, or any claim for the loss or emancipation of any slave; but all such debts, obligations
and claims shall be held illegal and void.
Section 5.
The Congress shall have the power to enforce, by appropriate legislation, the provisions
of this article.
*Changed by section
1 of the 26th amendment.
AMENDMENT XV
Passed by Congress
February 26, 1869. Ratified February 3, 1870.
Section 1.
The right of citizens of the
United
States
to vote shall not be denied or abridged by the
United
States
or by any State on account of race, color, or previous condition of servitude--
Section 2.
The Congress shall have the power to enforce this article by appropriate legislation.
AMENDMENT XVI
Passed by Congress
July 2, 1909. Ratified February 3, 1913.
Note: Article I, section 9,
of the Constitution was modified by amendment 16.
The Congress shall have
power to lay and collect taxes on incomes, from whatever source derived, without
apportionment among the several States, and without regard to any census or enumeration.
AMENDMENT XVII
Passed by Congress
May 13, 1912. Ratified April 8, 1913.
Note: Article I, section 3,
of the Constitution was modified by the 17th amendment.
The Senate of the
United
States
shall be composed of two Senators from each State, elected by the people thereof,
for six years; and each Senator shall have one vote. The electors in each State
shall have the qualifications requisite for electors of the most numerous branch
of the State legislatures.
When vacancies happen
in the representation of any State in the Senate, the executive authority of such
State shall issue writs of election to fill such vacancies: Provided, That
the legislature of any State may empower the executive thereof to make temporary
appointments until the people fill the vacancies by election as the legislature
may direct.
This amendment shall
not be so construed as to affect the election or term of any Senator chosen before
it becomes valid as part of the Constitution.
AMENDMENT XVIII
Passed by Congress
December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.
Section 1.
After one year from the ratification of this article the manufacture, sale, or transportation
of intoxicating liquors within, the importation thereof into, or the exportation
thereof from the
United States
and all territory subject to the jurisdiction thereof for beverage purposes is hereby
prohibited.
Section 2.
The Congress and the several States shall have concurrent power to enforce this
article by appropriate legislation.
Section 3.
This article shall be inoperative unless it shall have been ratified as an amendment
to the Constitution by the legislatures of the several States, as provided in the
Constitution, within seven years from the date of the submission hereof to the States
by the Congress.
AMENDMENT XIX
Passed by Congress June 4, 1919. Ratified August 18, 1920.
The right of citizens
of the
United States
to vote shall not be denied or abridged by the
United States
or by any State on account of sex.
Congress shall have power
to enforce this article by appropriate legislation.
AMENDMENT XX
Passed by Congress
March 2, 1932. Ratified January 23, 1933.
Note: Article I, section 4,
of the Constitution was modified by section 2 of this amendment. In addition, a
portion of the 12th amendment was superseded by section 3.
Section 1.
The terms of the President and the Vice President shall end at noon on the 20th
day of January, and the terms of Senators and Representatives at noon on the 3d
day of January, of the years in which such terms would have ended if this article
had not been ratified; and the terms of their successors shall then begin.
Section 2.
The Congress shall assemble at least once in every year, and such meeting shall
begin at noon on the 3d day of January, unless they shall by law appoint a different
day.
Section 3.
If, at the time fixed for the beginning of the term of the President, the President
elect shall have died, the Vice President elect shall become President. If a President
shall not have been chosen before the time fixed for the beginning of his term,
or if the President elect shall have failed to qualify, then the Vice President
elect shall act as President until a President shall have qualified; and the Congress
may by law provide for the case wherein neither a President elect nor a Vice President
shall have qualified, declaring who shall then act as President, or the manner in
which one who is to act shall be selected, and such person shall act accordingly
until a President or Vice President shall have qualified.
Section 4.
The Congress may by law provide for the case of the death of any of the persons
from whom the House of Representatives may choose a President whenever the right
of choice shall have devolved upon them, and for the case of the death of any of
the persons from whom the Senate may choose a Vice President whenever the right
of choice shall have devolved upon them.
Section 5.
Sections 1 and 2 shall take effect on the 15th day of October following the ratification
of this article.
Section 6.
This article shall be inoperative unless it shall have been ratified as an amendment
to the Constitution by the legislatures of three-fourths of the several States within
seven years from the date of its submission.
AMENDMENT XXI
Passed by Congress
February 20, 1933. Ratified December 5, 1933.
Section 1.
The eighteenth article of amendment to the Constitution of the
United
States
is hereby repealed.
Section 2.
The transportation or importation into any State, Territory, or Possession of the
United
States
for delivery or use therein of intoxicating liquors, in violation of the laws thereof,
is hereby prohibited.
Section 3.
This article shall be inoperative unless it shall have been ratified as an amendment
to the Constitution by conventions in the several States, as provided in the Constitution,
within seven years from the date of the submission hereof to the States by the Congress.
AMENDMENT XXII
Passed by Congress
March 21, 1947. Ratified February 27, 1951.
Section 1.
No person shall be elected to the office of the President more than twice, and no
person who has held the office of President, or acted as President, for more than
two years of a term to which some other person was elected President shall be elected
to the office of President more than once. But this Article shall not apply to any
person holding the office of President when this Article was proposed by Congress,
and shall not prevent any person who may be holding the office of President, or
acting as President, during the term within which this Article becomes operative
from holding the office of President or acting as President during the remainder
of such term.
Section 2.
This article shall be inoperative unless it shall have been ratified as an amendment
to the Constitution by the legislatures of three-fourths of the several States within
seven years from the date of its submission to the States by the Congress.
AMENDMENT XXIII
Passed by Congress
June 16, 1960. Ratified March 29, 1961.
Section 1.
The District constituting the seat of Government of the
United States
shall appoint in such manner as Congress may direct:
A number of electors
of President and Vice President equal to the whole number of Senators and Representatives
in Congress to which the District would be entitled if it were a State, but in no
event more than the least populous State; they shall be in addition to those appointed
by the States, but they shall be considered, for the purposes of the election of
President and Vice President, to be electors appointed by a State; and they shall
meet in the District and perform such duties as provided by the twelfth article
of amendment.
Section 2.
The Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XXIV
Passed by Congress
August 27, 1962. Ratified January 23, 1964.
Section 1.
The right of citizens of the
United
States
to vote in any primary or other election for President or Vice President, for electors
for President or Vice President, or for Senator or Representative in Congress, shall
not be denied or abridged by the
United
States
or any State by reason of failure to pay poll tax or other tax.
Section 2.
The Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XXV
Passed by Congress
July 6, 1965. Ratified February 10, 1967.
Note: Article II, section 1,
of the Constitution was affected by the 25th amendment.
Section 1.
In case of the removal of the President from office or of his death or resignation,
the Vice President shall become President.
Section 2.
Whenever there is a vacancy in the office of the Vice President, the President shall
nominate a Vice President who shall take office upon confirmation by a majority
vote of both Houses of Congress.
Section 3.
Whenever the President transmits to the President pro tempore of the Senate and
the Speaker of the House of Representatives his written declaration that he is unable
to discharge the powers and duties of his office, and until he transmits to them
a written declaration to the contrary, such powers and duties shall be discharged
by the Vice President as Acting President.
Section 4.
Whenever the Vice President and a majority of either the principal officers of the
executive departments or of such other body as Congress may by law provide, transmit
to the President pro tempore of the Senate and the Speaker of the House of Representatives
their written declaration that the President is unable to discharge the powers and
duties of his office, the Vice President shall immediately assume the powers and
duties of the office as Acting President.
Thereafter, when the
President transmits to the President pro tempore of the Senate and the Speaker of
the House of Representatives his written declaration that no inability exists, he
shall resume the powers and duties of his office unless the Vice President and a
majority of either the principal officers of the executive department or of such
other body as Congress may by law provide, transmit within four days to the President
pro tempore of the Senate and the Speaker of the House of Representatives their
written declaration that the President is unable to discharge the powers and duties
of his office. Thereupon Congress shall decide the issue, assembling within forty-eight
hours for that purpose if not in session. If the Congress, within twenty-one days
after receipt of the latter written declaration, or, if Congress is not in session,
within twenty-one days after Congress is required to assemble, determines by two-thirds
vote of both Houses that the President is unable to discharge the powers and duties
of his office, the Vice President shall continue to discharge the same as Acting
President; otherwise, the President shall resume the powers and duties of his office.
AMENDMENT XXVI
Passed by Congress
March 23, 1971. Ratified July 1, 1971.
Note: Amendment 14, section
2, of the Constitution was modified by section 1 of the 26th amendment.
Section 1.
The right of citizens of the United States, who are eighteen years of age or older,
to vote shall not be denied or abridged by the United States or by any State on
account of age.
Section 2.
The Congress shall have power to enforce this article by appropriate legislation.
AMENDMENT XXVII
Originally proposedSept. 25, 1789. Ratified May 7, 1992.
No law, varying the compensation
for the services of the Senators and Representatives, shall take effect, until an
election of representatives shall have intervened.
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