Primary Sources

The United States Constitution


The Constitution, written in 1787, sets out the basic principles upon which government in the United States was built and operates today.

Note: The black lines indicate portions of the Constitution altered by subsequent amendments to the document.


United States Constitution Commentary
Article I
Section 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.
LEGISLATIVE DEPARTMENT
SECTION 1. LEGISLATIVE POWER, CONGRESS
Congress, the nation's lawmaking body, is bicameral in form; that is, it is composed of two houses: the Senate and the House of Representatives. The Framers of the Constitution purposely separated the lawmaking power from the power to enforce the laws (Article II, the Executive Branch) and the power to interpret them (Article III, the Judicial Branch). This system of separation of powers is supplemented by a system of checks and balances; that is, in several provisions the Constitution gives to each of the three branches various powers with which it may check, restrain, the actions of the other two branches.
Section 2.
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.
Section 2. House of Representatives
Clause 1. Election Electors means voters. Members of the House of Representatives are elected every two years. Each State must permit the same persons to vote for United States representatives as it permits to vote for the members of the larger house of its own legislature. The 17th Amendment (1913) extends this requirement to the qualification of voters for United States senators.
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. Clause 2. Qualifications A member of the House of Representatives must be at least 25 years old, an American citizen for seven years, and a resident of the State he or she represents. In addition, political custom requires that a representative also reside in the district from which he or she is elected.
3. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years and excluding Indians not 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 Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed 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 Georgia three. Clause 3. Apportionment The number of representatives each State is entitled to is based on its population, which is counted every 10 years in the census. Congress reapportions the seats among the States after each census. In the Reapportionment Act of 1929, Congress fixed the permanent size of the House at 435 members with each State having at least one representative. Today there is one House seat for approximately every 620,000 persons in the population.

The words "three-fifths of all other persons" referred to slaves and reflected the Three-Fifths Compromise reached by the Framers at Philadelphia in 1787; the phrase was made obsolete, was in effect repealed, by the 13th Amendment in 1865.
4. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. Clause 4. Vacancies The executive authority refers to the governor of a State. If a member leaves office or dies before the expiration of his or her term, the governor is to call a special election to fill the vacancy.
5. The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment. Clause 5. Officers; impeachment The House elects a Speaker, customarily chosen from the majority party in the House. Impeachment means accusation. The House has the exclusive power to impeach, or accuse, civil officers; the Senate (Article I, Section 3, Clause 6) has the exclusive power to try those impeached by the House.
Section 3.
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.
Section 3. Senate
Clause 1. Composition, Election, Term Each State has two senators. Each serves for six years and has one vote. Originally, senators were not elected directly by the people, but by each State's legislature. The 17th Amendment, added in 1913, provides for the popular election of senators.
2. Immediately after they shall be assembled in Consequences 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. Clause 2. Classification The senators elected in 1788 were divided into three groups so that the Senate could become a "continuing body." Only one-third of the Senate's seats are up for election every two years.

The 17th Amendment provides that a Senate vacancy is to be filled at a special election called by the governor; State law may also permit the governor to appoint a successor to serve until that election is held.
3. No Person shall be a Senator who shall not have attained to 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. Clause 3. Qualifications A senator must be at least 30 years old, a citizen for at least nine years, and a resident of the State from which elected.
4. The Vice President of the United States shall be President of the Senate but shall have no Vote, unless they be equally divided. Clause 4. Presiding officer The Vice President presides over the Senate, but may vote only to break a tie.
5. The Senate shall choose their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. Clause 5. Other officers The Senate chooses its own officers, including a president pro tempore to preside when the Vice President is not there.
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. Clause 6. Impeachment trials The Senate conducts the trials of those officials impeached by the House. The Vice President presides unless the President is on trial, in which case the Chief Justice of the United States does so. A conviction requires the votes of two-thirds of the senators present.

No President has ever been convicted. In 1868 the House voted eleven articles of impeachment against President Andrew Johnson, but the Senate fell one vote short of convicting him. In 1974 President Richard M. Nixon resigned the presidency in the face of almost certain impeachment by the House. The House brought two articles of impeachment against President Bill Clinton in late 1998. Neither charge was supported by even a simple majority vote in the Senate, on February 12, 1999.
7. Judgment in Cases 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. Clause 7. Penalty on conviction The punishment of an official convicted in an impeachment case has always been removal from office. The Senate can also bar a convicted person from ever holding any federal office, but it is not required to do so. A convicted person can also be tried and punished in a regular court for any crime involved in the impeachment case.
Section 4.
1. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law make or alter such Regulations, except as to the Places of choosing Senators.
Section 4. Elections and Meetings
Clause 1. Election In 1842 Congress required that representatives be elected from districts within each State with more than one seat in the House. The districts in each State are drawn by that State's legislature. Seven States now have only one seat in the House: Alaska, Delaware, Montana, North Dakota, South Dakota, Vermont, and Wyoming. The 1842 law also directed that representatives be elected in each State on the same day: the Tuesday after the first Monday in November of every even-numbered year. In 1914 Congress also set that same date for the election of senators.
2. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Clause 2. Sessions Congress must meet at least once a year. The 20th Amendment (1933) changed the opening date to January 3.
Section 5.
1. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority 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 absent Members, in such Manner, and under such Penalties, as each House may provide.
Section 5. Legislative Proceedings
Clause 1. Admission of members; quorum In 1969 the Supreme Court held that the House cannot exclude any member-elect who satisfies the qualifications set out in Article I, Section 2, Clause 2.

A majority in the House (218 members) or Senate (51) constitutes a quorum. In practice, both houses often proceed with less than a quorum present. However, any member may raise a point of order (demand a "quorum call"). If a roll call then reveals less than a majority of the members present, that chamber must either adjourn or the sergeant at arms must be ordered to round up absent members.
2. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behavior, and, with the Concurrence of two thirds, expel a Member. Clause 2. Rules Each house has adopted detailed rules to guide its proceedings. Each house may discipline members for unacceptable conduct; expulsion requires a two-thirds vote.
3. Each House shall keep a Journal of its Proceedings, and from 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. Clause 3. Record Each house must keep and publish a record of its meetings. The Congressional Record is published for every day that either house of Congress is in session, and provides a written record of all that is said and done on the floor of each house each session.
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. Clause 4. Adjournment Once in session, neither house may suspend (recess) its work for more than three days without the approval of the other house. Both houses must always meet in the same location.
Section 6.
1. The Senators and Representatives shall receive a Compensation 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, Felony, and Breach of the Peace, be 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.
Section 6. Compensation, Immunities, and Disabilities of Members
Clause 1. Salaries; immunities Each house sets its members' salaries, paid by the United States; the 27th Amendment (1992) modified this pay-setting power. This provision establishes "legislative immunity." The purpose of this immunity is to allow members to speak and debate freely in Congress itself. Treason is strictly defined in Article III, Section 3. A felony is any serious crime. A breach of the peace is any indictable offense less than treason or a felony; this exemption from arrest is of little real importance today.
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. Clause 2. Restrictions on office holding No sitting member of either house may be appointed to an office in the executive or in the judicial branch if that position was created or its salary was increased during that member's current elected term. The second part of this clause—forbidding any person serving in either the executive or the judicial branch from also serving in Congress—reinforces the principle of separation of powers.
Section 7.
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.
Section 7. Revenue Bills, President's Veto
Clause 1. Revenue bills All bills that raise money must originate in the House. However, the Senate has the power to amend any revenue bill sent to it from the lower house.
2. Every Bill which shall have passed the House of Representatives 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 the 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 such 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 (Sunday 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. Clause 2. Enactment of laws; veto Once both houses have passed a bill, it must be sent to the President. The President may (1) sign the bill, thus making it law; (2) veto (reject) the bill, whereupon it must be returned to the house in which it originated; or (3) allow the bill to become law without signature, by not acting upon it within 10 days of its receipt from Congress, not counting Sundays. The President has a fourth option at the end of a congressional session: If he does not act on a measure within 10 days, and Congress adjourns during that period, the bill dies; the "pocket veto" has been applied to it. A presidential veto may be overridden by a two-thirds vote in each house.
3. Every Order, Resolution, or Vote to which the Concurrence 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 repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. Clause 3. Other measures This clause refers to joint resolutions, measures Congress often passes to deal with unusual, temporary, or ceremonial matters. A joint resolution passed by Congress and signed by the President has the force of law, just as a bill does. As a matter of custom, a joint resolution proposing an amendment to the Constitution is not submitted to the President for signature or veto. Concurrent and simple resolutions do not have the force of law and, therefore, are not submitted to the President.
Section 8.
The 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;
Section 8. Powers of Congress
Clause 1. The 18 separate clauses in this section set out 27 of the many expressed powers the Constitution grants to Congress. In this clause Congress is given the power to levy and provide for the collection of various kinds of taxes, in order to finance the operations of the government. All federal taxes must be levied at the same rates throughout the country.
2. To borrow Money on the credit of the United States; Clause 2. Congress has power to borrow money to help finance the government. Federal borrowing is most often done through the sale of bonds on which interest is paid. The Constitution does not limit the amount the government may borrow.
3. To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; Clause 3. This clause, the Commerce Clause, gives Congress the power to regulate both foreign and interstate trade. Much of what Congress does, it does on the basis of its commerce power.
4. To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; Clause 4. Congress has the exclusive power to determine how aliens may become citizens of the United States. Congress may also pass laws relating to bankruptcy.
5. To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; Clause 5. Congress has the power to establish and require the use of uniform gauges of time, distance, weight, volume, area, and the like.
6. To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; Clause 6. Congress has the power to make it a federal crime to falsify the coins, paper money, bonds, stamps, and the like of the United States.
7. To establish Post Offices and post Roads; Clause 7. Congress has the postal power, the power to provide for and regulate the transportation and delivery of mail; "post offices" are those buildings and other places where mail is deposited for dispatch; "post roads" include all routes over or upon which mail is carried.
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; Clause 8. Congress has the power to provide for copyrights and patents. A copyright gives an author or composer the exclusive right to control the reproduction, publication, and sale of literary, musical, or other creative work. A patent gives a person the exclusive right to control the manufacture or sale of his or her invention.
9. To constitute Tribunals inferior to the supreme Court; Clause 9. Congress has the power to create the lower federal courts, all of the several federal courts that function beneath the Supreme Court.
10. To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of nations; Clause 10. Congress has the power to prohibit, as a federal crime: (1) certain acts committed outside the territorial jurisdiction of the United States, and (2) the commission within the United States of any wrong against any nation with which we are at peace.
11. To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; Clause 11. Only Congress can declare war. However, the President, as commander in chief of the armed forces (Article II, Section 2, Clause 1), can make war without such a formal declaration. Letters of marque and reprisal are (were) commissions authorizing private persons to outfit vessels (privateers) to capture and destroy enemy ships in time of war; they are forbidden in international law by the Declaration of Paris of 1856, and the United States has honored the ban since the Civil War.
12. To raise and support Armies; but no Appropriation of Money to that Use shall be for a longer Term than two Years;

13. To provide and maintain a Navy;
Clauses 12 and 13. Congress has the power to provide for and maintain the nation's armed forces. It established the air force as an independent element of the armed forces in 1947, an exercise of its inherent powers in foreign relations and national defense. The two-year limit on spending for the army insures civilian control of the military.
14. To make Rules for the Government and Regulation of the land and naval Forces; Clause 14. Today these rules are set out in a lengthy, oft-amended law, the Uniform Code of Military Justice, passed by Congress in 1950.
15. To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

16. 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;
Clauses 15 and 16. In the National Defense Act of 1916, Congress made each State's militia (volunteer army) a part of the National Guard. Today, Congress and the States cooperate in its maintenance. Ordinarily, each State's National Guard is under the command of that State's governor; but Congress has given the President the power to call any or all of those units into federal service when necessary.
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 the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, Dockyards and other needful Buildings;—And Clause 17. In 1791 Congress accepted land grants from Maryland and Virginia and established the District of Columbia for the nation's capital. Assuming Virginia's grant would never be needed, Congress returned it in 1846. Today, the elected government of the District's 69 square miles operates under the authority of Congress. Congress also has the power to acquire other lands from the States for various federal purposes.
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. Clause 18. This is the Necessary and Proper Clause, also often called the Elastic Clause. It is the constitutional basis for the many and far-reaching implied powers of the Federal Government.
Section 9.
1. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
Section 9. Powers Denied to Congress
Clause 1. "Such persons" referred to slaves. This provision was part of the Commerce Compromise, one of the bargains struck in the writing of the Constitution. Congress outlawed the slave trade in 1808.
2. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it. Clause 2. A writ of habeas corpus, the "great writ of liberty," is a court order directing a sheriff, warden, or other public officer, or a private person, who is detaining another to "produce the body" of the one being held in order that the legality of the detention may be determined by the court.
3. No Bill of Attainder or ex post facto Law shall be passed. Clause 3. A bill of attainder is a legislative act that inflicts punishment without a judicial trial. See Article I, Section 10, and Article III, Section 3, Clause 2. An ex post facto law is any criminal law that operates retroactively to the disadvantage of the accused. See Article I, Section 10.
4. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census of Enumeration hereinbefore directed to be taken. Clause 4. A capitation tax is literally a "head tax," a tax levied on each person in the population. A direct tax is one paid directly to the government by the taxpayer—for example, an income or a property tax; an indirect tax is one paid to another private party who then pays it to the government—for example, a sales tax. This provision was modified by the 16th Amendment (1913), giving Congress the power to levy "taxes on incomes, from whatever source derived."
5. No Tax or Duty shall be laid on Articles exported from any State. Clause 5. This provision was a part of the Commerce Compromise made by the Framers in 1787. Congress has the power to tax imported goods, however.
6. 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. Clause 6. All ports within the United States must be treated alike by Congress as it exercises its taxing and commerce powers. Congress cannot tax goods sent by water from one State to another, nor may it give the ports of one State any legal advantage over those of another.
7. 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. Clause 7. This clause gives Congress its vastly important "power of the purse," a major check on presidential power. Federal money can be spent only in those amounts and for those purposes expressly authorized by an act of Congress. All federal income and spending must be accounted for, regularly and publicly.
8. 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. Clause 8. This provision, preventing the establishment of a nobility, reflects the principle that "all men are created equal." It was also intended to discourage foreign attempts to bribe or otherwise corrupt officers of the government.
Section 10.
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.
Section 10. Powers Denied to the States
Clause 1. The States are not sovereign governments and so cannot make agreements or otherwise negotiate with foreign states; the power to conduct foreign relations is an exclusive power of the National Government. The power to coin money is also an exclusive power of the National Government. Several powers forbidden to the National Government are here also forbidden to the States.
2. No State shall, without the Consent of the 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 the Congress. Clause 2. This provision relates to foreign, not interstate, commerce. Only Congress, not the States, can tax imports; and the States are, like Congress, forbidden the power to tax exports.
3. 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. Clause 3. A duty of tonnage is a tax laid on ships according to their cargo capacity. Each State has a constitutional right to provide for and maintain a militia; but no State may keep a standing army or navy. The several restrictions here prevent the States from assuming powers that the Constitution elsewhere grants to the National Government.