CONSTITUTION OF THE UNITED STATES OF AMERICA – 1787 01/03/2007

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CONSTITUTION OF THE UNITED STATES OF AMERICA – 1787 01/03/2007

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CONSTITUTION OF THE UNITED STATES OF AMERICA – 1787

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CONSTITUTION OF THE UNITED STATES OF AMERICA – 1787

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CONSTITUTION OF THE UNITED STATES OF AMERICA – 1787(!1)

We the People of the United States, in Order to form a more perfect

Union, establish Justice, insure domestic Tranquility, provide for the

common defence, 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.

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.

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.

(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 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.(!2) 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 chuse 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.

(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 chuse their Speaker and other

Officers; and shall have the sole Power of Impeachment.

SECTION.3. (1)The Senate of the United States shall be composed of two

Senators from each State, chosen by the Legislature thereof,(!3) for

six Years; and each Senator shall have one Vote.

(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.(!4)

(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.

(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 chuse 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.

(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 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.

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 chusing Senators.

(2)The Congress shall assemble at least once in every Year, and such

Meeting shall be on the first Monday in December,(!5) unless they shall

by Law appoint a different Day.

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.

(2)Each House may determine the Rules of its Proceedings, punish its

Members for disorderly Behaviour, and, with the Concurrence of two

thirds, expel a Member.

(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.

(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.

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.\6\N 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.

(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 encreased 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.

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.

(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 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 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 (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

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.

SECTION. 8. (1)The Congress shall have Power 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;

(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;

(10)To define and punish Piracies and Felonies committed on the high

Seas, and Offences against the Law of Nations;

(11)To declare War, grant Letters of Marque and Reprisal, and make Rules

concerning Captures on Land and Water;

(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;

(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 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;

(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,

dock-Yards, and other needful Buildings;_And

(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.

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.

(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.

(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.(!7)

(5)No Tax or Duty shall be laid on Articles exported from any State.

(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.

(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.

(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.

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.

(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 it’s 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 Controul of the Congress.

(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.

ARTICLE. II.

SECTION. 1. (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 Legislature thereof

may direct, a Number of Electors, equal to the whole Number of Senators

and Representatives to which the State may be entitled in the Congress:

but no Senator or Representative, or Person holding an Office of Trust

or Profit under the United States, shall be appointed an Elector.

(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 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

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 chuse 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 chuse the President. But

in chusing 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 Votes of the Electors shall be the Vice President.

But if there should remain two or more who have equal Votes, the Senate

shall chuse from them by Ballot the Vice President.(!8)

(4)The Congress may determine the Time of chusing the Electors, and the

Day on which they shall give their Votes; which Day shall be the same

throughout the United States.

(5)No Person except a natural born Citizen, or a Citizen of the United

States, at the time of the Adoption of this Constitution, shall be

eligible to the Office of President; neither shall any Person be

eligible to that Office who shall not have attained to the Age of thirty

five Years, and been fourteen Years a Resident within the United States.

(6)In Case of the Removal of the President from Office, or of his Death,

Resignation, or Inability to discharge the Powers and Duties of the said

Office,(!9) the Same shall devolve on the Vice President, and the

Congress may by Law provide for the Case of Removal, Death, Resignation

or Inability, both of the President and Vice President, declaring what

Officer shall then act as President, and such Officer shall act

accordingly, until the Disability be removed, or a President shall be

elected.

(7)The President shall, at stated Times, receive for his Services, a

Compensation, which shall neither be encreased nor diminished during the

Period for which he shall have been elected, and he shall not receive

within that Period any other Emolument from the United States, or any of

them.

(8)Before he enter on the Execution of his Office, he shall take the

following Oath or Affirmation:_“I do solemnly swear (or affirm) that I

will faithfully execute the Office of President of the United States,

and will to the best of my Ability, preserve, protect and defend the

Constitution of the United States.”

SECTION. 2. (1)The President shall be Commander in Chief of the Army and

Navy of the United States, and of the Militia of the several States,

when called into the actual Service of the United States; he may require

the Opinion, in writing, of the principal Officer in each of the

executive Departments, upon any Subject relating to the Duties of their

respective Offices, and he shall have Power to grant Reprieves and

Pardons for Offences against the United States, except in Cases of

Impeachment.

(2)He shall have Power, by and with the Advice and Consent of the

Senate, to make Treaties, provided two thirds of the Senators present

concur; and he shall nominate, and by and with the Advice and Consent of

the Senate, shall appoint Ambassadors, other public Ministers and

Consuls, Judges of the supreme Court, and all other Officers of the

United States, whose Appointments are not herein otherwise provided for,

and which shall be established by Law: but the Congress may by Law vest

the Appointment of such inferior Officers, as they think proper, in the

President alone, in the Courts of Law, or in the Heads of Departments.

(3)The President shall have Power to fill up all Vacancies that may

happen during the Recess of the Senate, by granting Commissions which

shall expire at the End of their next Session.

SECTION. 3. He shall from time to time give to the Congress Information

of the State of the Union, and recommend to their Consideration such

Measures as he shall judge necessary and expedient; he may, on

extraordinary Occasions, convene both Houses, or either of them, and in

Case of Disagreement between them, with Respect to the Time of

Adjournment, he may adjourn them to such Time as he shall think proper;

he shall receive Ambassadors and other public Ministers; he shall take

Care that the Laws be faithfully executed, and shall Commission all the

Officers of the United States.

SECTION. 4. The President, Vice President and all civil Officers of the

United States, shall be removed from Office on Impeachment for, and

Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

ARTICLE. III.

SECTION. 1. The judicial Power of the United States, shall be vested in

one supreme Court, and in such inferior Courts as the Congress may from

time to time ordain and establish. The Judges, both of the supreme and

inferior Courts, shall hold their Offices during good Behaviour, and

shall, at stated Times, receive for their Services, a Compensation,

which shall not be diminished during their Continuance in Office.

SECTION. 2. (1)The judicial Power shall extend to all Cases, in Law and

Equity, arising under this Constitution, the Laws of the United States,

and Treaties made, or which shall be made, under their Authority; – to all

Cases affecting Ambassadors, other public Ministers and Consuls; – to all

Cases of admiralty and maritime Jurisdiction;_to Controversies to which

the United States shall be a Party;_to Controversies between two or more

States;_between a State and Citizens of another State;(!10) – between

Citizens of different States,_between Citizens of the same State

claiming Lands under Grants of different States, and between a State, or

the Citizens thereof, and foreign States, Citizens or Subjects.

(2)In all Cases affecting Ambassadors, other public Ministers and

Consuls, and those in which a State shall be Party, the supreme Court

shall have original Jurisdiction. In all the other Cases before

mentioned, the supreme Court shall have appellate Jurisdiction, both as

to Law and Fact, with such Exceptions, and under such Regulations as the

Congress shall make.

(3)The Trial of all Crimes, except in Cases of Impeachment, shall be by

Jury; and such Trial shall be held in the State where the said Crimes

shall have been committed; but when not committed within any State, the

Trial shall be at such Place or Places as the Congress may by Law have

directed.

SECTION. 3. (1)Treason against the United States, shall consist only in

levying War against them, or in adhering to their Enemies, giving them

Aid and Comfort. No Person shall be convicted of Treason unless on the

Testimony of two Witnesses to the same overt Act, or on Confession in

open Court.

(2)The Congress shall have Power to declare the Punishment of Treason,

but no Attainder of Treason shall work Corruption of Blood, or

Forfeiture except during the Life of the Person attainted.

ARTICLE. IV.

SECTION. 1. Full Faith and Credit shall be given in each State to the

public Acts, Records, and judicial Proceedings of every other State. And

the Congress may by general Laws prescribe the Manner in which such

Acts, Records and Proceedings shall be proved, and the Effect thereof.

SECTION. 2. (1)The Citizens of each State shall be entitled to all

Privileges and Immunities of Citizens in the several States.

(2)A Person charged in any State with Treason, Felony, or other Crime,

who shall flee from Justice, and be found in another State, shall on

Demand of the executive Authority of the State from which he fled, be

delivered up, to be removed to the State having Jurisdiction of the

Crime.

(3)No Person held to Service or Labour in one State, under the Laws

thereof, escaping into another, shall, in Consequence of any Law or

Regulation therein, be discharged from such Service or Labour, but shall

be delivered up on Claim of the Party to whom such Service or Labour may

be due.(!11)

SECTION. 3. (1)New States may be admitted by the Congress into this

Union; but no new State shall be formed or erected within the

Jurisdiction of any other State; nor any State be formed by the Junction

of two or more States, or Parts of States, without the Consent of the

Legislatures of the States concerned as well as of the Congress.

(2)The Congress shall have Power to dispose of and make all needful

Rules and Regulations respecting the Territory or other Property

belonging to the United States; and nothing in this Constitution shall

be so construed as to Prejudice any Claims of the United States, or of

any particular State.

SECTION. 4. The United States shall guarantee to every State in this

Union a Republican Form of Government, and shall protect each of them

against Invasion; and on Application of the Legislature, or of the

Executive (when the Legislature cannot be convened) against domestic

Violence.

ARTICLE. V.

The Congress, whenever two thirds of both Houses shall deem it

necessary, shall propose Amendments to this Constitution, or, on the

Application of the Legislatures of two thirds of the several States,

shall call a Convention for proposing Amendments, which, in either Case,

shall be valid to all Intents and Purposes, as Part of this

Constitution, when ratified by the Legislatures of three fourths of the

several States, or by Conventions in three fourths thereof, as the one

or the other Mode of Ratification may be proposed by the Congress;

Provided that no Amendment which may be made prior to the Year One

thousand eight hundred and eight shall in any Manner affect the first

and fourth Clauses in the Ninth Section of the first Article; and that

no State, without its Consent, shall be deprived of its equal Suffrage

in the Senate.

ARTICLE. VI.

(1)All Debts contracted and Engagements entered into, before the

Adoption of this Constitution, shall be as valid against the United

States under this Constitution, as under the Confederation.

(2)This Constitution, and the Laws of the United States which shall be

made in Pursuance thereof; and all Treaties made, or which shall be

made, under the Authority of the United States, shall be the supreme Law

of the Land; and the Judges in every State shall be bound thereby, any

Thing in the Constitution or Laws of any State to the Contrary

notwithstanding.

(3)The Senators and Representatives before mentioned, and the Members of

the several State Legislatures, and all executive and judicial Officers,

both of the United States and of the several States, shall be bound by

Oath or Affirmation, to support this Constitution; but no religious Test

shall ever be required as a Qualification to any Office or public Trust

under the United States.

ARTICLE. VII.

The Ratification of the Conventions of nine States, shall be sufficient

for the Establishment of this Constitution between the States so

ratifying the Same.

DONE in Convention by the Unanimous Consent of the States present the

Seventeenth Day of September in the Year of our Lord one thousand seven

hundred and Eighty seven and of the Independence of the United States of

America the Twelfth In witness whereof We have hereunto

subscribed our Names,

Go. WASHINGTON – Presid’.

and deputy from Virginia

[Signed also by the deputies of twelve States.]

New Hampshire

John Langdon

Nicholas Gilman

Massachusetts

Nathaniel Gorham

Rufus King

Connecticut

WM. SamL. Johnson

Roger Sherman

New York

Alexander Hamilton

New Jersey

Wil: Livingston

David Brearley.

WM. Paterson.

Jona: Dayton

Pennsylvania

B Franklin

Thomas Mifflin

RobT Morris

Geo. Clymer

ThoS. FitzSimons

Jared Ingersoll

James Wilson.

Gouv Morris

Delaware

Geo: Read

Gunning Bedford jun

John Dickinson

Richard Bassett

Jaco: Broom

Maryland

James McHenry

Dan of St Thos. Jenifer

DanL Carroll.

Virginia

John Blair –

James Madison Jr.

North Carolina

WM Blount

RichD. Dobbs Spaight.

Hu Williamson

South Carolina

J. Rutledge

Charles Cotesworth Pinckney

Charles Pinckney

Pierce Butler.

Georgia

William Few

Abr Baldwin

Attest William Jackson Secretary

-FOOTNOTE-

(!1)This text of the Constitution follows the engrossed copy signed by

Gen. Washington and the deputies from 12 States. The small superior

figures preceding the paragraphs designate clauses, and were not in the

original and have no reference to footnotes.

In May 1785, a committee of Congress made a report recommending an

alteration in the Articles of Confederation, but no action was taken on

it, and it was left to the State Legislatures to proceed in the matter.

In January 1786, the Legislature of Virginia passed a resolution

providing for the appointment of five commissioners, who, or any three

of them, should meet such commissioners as might be appointed in the

other States of the Union, at a time and place to be agreed upon, to

take into consideration the trade of the United States; to consider how

far a uniform system in their commercial regulations may be necessary to

their common interest and their permanent harmony; and to report to the

several States such an act, relative to this great object, as, when

ratified by them, will enable the United States in Congress effectually

to provide for the same. The Virginia commissioners, after some

correspondence, fixed the first Monday in September as the time, and the

city of Annapolis as the place for the meeting, but only four other

States were represented, viz: Delaware, New York, New Jersey, and

Pennsylvania; the commissioners appointed by Massachusetts, New

Hampshire, North Carolina, and Rhode Island failed to attend. Under the

circumstances of so partial a representation, the commissioners present

agreed upon a report, (drawn by Mr. Hamilton, of New York,) expressing

their unanimous conviction that it might essentially tend to advance the

interests of the Union if the States by which they were respectively

delegated would concur, and use their endeavors to procure the

concurrence of the other States, in the appointment of commissioners to

meet at Philadelphia on the Second Monday of May following, to take into

consideration the situation of the United States; to devise such further

provisions as should appear to them necessary to render the Constitution

of the Federal Government adequate to the exigencies of the Union; and

to report such an act for that purpose to the United States in Congress

assembled as, when agreed to by them and afterwards confirmed by the

Legislatures of every State, would effectually provide for the same.

Congress, on the 21st of February, 1787, adopted a resolution in favor

of a convention, and the Legislatures of those States which had not

already done so (with the exception of Rhode Island) promptly appointed

delegates. On the 25th of May, seven States having convened, George

Washington, of Virginia, was unanimously elected President, and the

consideration of the proposed constitution was commenced. On the 17th of

September, 1787, the Constitution as engrossed and agreed upon was

signed by all the members present, except Mr. Gerry of Massachusetts,

and Messrs. Mason and Randolph, of Virginia. The president of the

convention transmitted it to Congress, with a resolution stating how the

proposed Federal Government should be put in operation, and an

explanatory letter. Congress, on the 28th of September, 1787, directed

the Constitution so framed, with the resolutions and letter concerning

the same, to “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.”

On the 4th of March, 1789, the day which had been fixed for commencing

the operations of Government under the new Constitution, it had been

ratified by the conventions chosen in each State to consider it, as

follows: Delaware, December 7, 1787; Pennsylvania, December 12, 1787;

New Jersey, December 18, 1787; Georgia, January 2, 1788; Connecticut,

January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 28,

1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788;

Virginia, June 25, 1788; and New York, July 26, 1788.

The President informed Congress, on the 28th of January, 1790, that

North Carolina had ratified the Constitution November 21, 1789; and he

informed Congress on the 1st of June, 1790, that Rhode Island had

ratified the Constitution May 29, 1790. Vermont, in convention, ratified

the Constitution January 10, 1791, and was, by an act of Congress

approved February 18, 1791, “received and admitted into this Union as a

new and entire member of the United States.”

(!2)The part of this clause relating to the mode of apportionment of

representatives among the several States has been affected by section 2

of amendment XIV, and as to taxes on incomes without apportionment by

amendment XVI.

(!3)This clause has been affected by clause 1 of amendment XVII.

(!4)This clause has been affected by clause 2 of amendment XVIII.

(!5)This clause has been affected by amendment XX.

(!6)This clause has been affected by amendment XXVII.

(!7)This clause has been affected by amendment XVI.

(!8)This clause has been superseded by amendment XII.

(!9)This clause has been affected by amendment XXV.

(!10)This clause has been affected by amendment XI.

(!11)This clause has been affected by amendment XIII.

-MISC2-

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(!12)

ARTICLE [I.](!13)

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.

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.]

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.

ARTICLE [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.

ARTICLE [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.

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.]

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.

ARTICLE [VIII.]

Excessive bail shall not be required, nor excessive fines imposed, nor

cruel and unusual punishments inflicted.

ARTICLE [IX.]

The enumeration in the Constitution, of certain rights, shall not be

construed to deny or disparage others retained by the people.

ARTICLE [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.

[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.

PROPOSAL AND RATIFICATION

The eleventh amendment to the Constitution of the United States was proposed
to the legislatures of the several States by the Third Congress, on the 4th
of March 1794; and was declared in a message from the President to Congress,
dated the 8th of January, 1798, to have been ratified by the legislatures of
three-fourths of the States. The dates of ratification were: New York, March
27, 1794; Rhode Island, March 31, 1794; Connecticut, May 8, 1794; New
Hampshire, June 16, 1794; Massachusetts, June 26, 1794; Vermont, between
October 9, 1794 and November 9, 1794; Virginia, November 18, 1794; Georgia,
November 29, 1794; Kentucky, December 7, 1794; Maryland, December 26, 1794;
Delaware, January 23, 1795; North Carolina, February 7, 1795.

Ratification was completed on February 7, 1795.

The amendment was subsequently ratified by South Carolina on December 4,
1797. New Jersey and Pennsylvania did not take action on the amendment.

[ARTICLE XII.]

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 the case of the death or other constitutional

disability of the President.(!14) 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.

PROPOSAL AND RATIFICATION

The twelfth amendment to the Constitution of the United States was

proposed to the legislatures of the several States by the Eighth

Congress, on the 9th of December, 1803, in lieu of the original third

paragraph of the first section of the second article; and was declared

in a proclamation of the Secretary of State, dated the 25th of

September, 1804, to have been ratified by the legislatures of 13 of the

17 States. The dates of ratification were: North Carolina, December 21,

1803; Maryland, December 24, 1803; Kentucky, December 27, 1803; Ohio,

December 30, 1803; Pennsylvania, January 5, 1804; Vermont, January 30,

1804; Virginia, February 3, 1804; New York, February 10, 1804; New

Jersey, February 22, 1804; Rhode Island, March 12, 1804; South Carolina,

May 15, 1804; Georgia, May 19, 1804; New Hampshire, June 15, 1804.

Ratification was completed on June 15, 1804.

The amendment was subsequently ratified by Tennessee, July 27, 1804.

The amendment was rejected by Delaware, January 18, 1804; Massachusetts,

February 3, 1804; Connecticut, at its session begun May 10, 1804.

ARTICLE XIII.

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.

PROPOSAL AND RATIFICATION

The thirteenth amendment to the Constitution of the United States was

proposed to the legislatures of the several States by the Thirty-eighth

Congress, on the 31st day of January, 1865, and was declared, in a

proclamation of the Secretary of State, dated the 18th of December,

1865, to have been ratified by the legislatures of twenty-seven of the

thirty-six States. The dates of ratification were: Illinois, February 1,

1865; Rhode Island, February 2, 1865; Michigan, February 2, 1865;

Maryland, February 3, 1865; New York, February 3, 1865; Pennsylvania,

February 3, 1865; West Virginia, February 3, 1865; Missouri, February 6,

1865; Maine, February 7, 1865; Kansas, February 7, 1865; Massachusetts,

February 7, 1865; Virginia, February 9, 1865; Ohio, February 10, 1865;

Indiana, February 13, 1865; Nevada, February 16, 1865; Louisiana,

February 17, 1865; Minnesota, February 23, 1865; Wisconsin, February 24,

1865; Vermont, March 9, 1865; Tennessee, April 7, 1865; Arkansas, April

14, 1865; Connecticut, May 4, 1865; New Hampshire, July 1, 1865; South

Carolina, November 13, 1865; Alabama, December 2, 1865; North Carolina,

December 4, 1865; Georgia, December 6, 1865.

Ratification was completed on December 6, 1865.

The amendment was subsequently ratified by Oregon, December 8, 1865;

California, December 19, 1865; Florida, December 28, 1865 (Florida again

ratified on June 9, 1868, upon its adoption of a new constitution);

Iowa, January 15, 1866; New Jersey, January 23, 1866 (after having

rejected the amendment on March 16, 1865); Texas, February 18, 1870;

Delaware, February 12, 1901 (after having rejected the amendment on

February 8, 1865); Kentucky, March 18, 1976 (after having rejected it on

February 24, 1865).

The amendment was rejected (and not subsequently ratified) by

Mississippi, December 4, 1865.

ARTICLE XIV.

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,(!15) 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 power to enforce, by appropriate

legislation, the provisions of this article.

PROPOSAL AND RATIFICATION

The fourteenth amendment to the Constitution of the United States was

proposed to the legislatures of the several States by the Thirty-ninth

Congress, on the 13th of June, 1866. It was declared, in a certificate

of the Secretary of State dated July 28, 1868 to have been ratified by

the legislatures of 28 of the 37 States. The dates of ratification were:

Connecticut, June 25, 1866; New Hampshire, July 6, 1866; Tennessee, July

19, 1866; New Jersey, September 11, 1866 (subsequently the legislature

rescinded its ratification, and on March 24, 1868, readopted its

resolution of rescission over the Governor’s veto, and on Nov. 12, 1980,

expressed support for the amendment); Oregon, September 19, 1866 (and

rescinded its ratification on October 16, 1868, but reratified the

amendment on April 25, 1973); Vermont, October 30, 1866; Ohio, January

11, 1867 (and rescinded its ratification on January 15, 1868, but

reratified the amendment on March 12, 2003); New York, January 10, 1867;

Kansas, January 11, 1867; Illinois, January 15, 1867; West Virginia,

January 16, 1867; Michigan, January 16, 1867; Minnesota, January 16,

1867; Maine, January 19, 1867; Nevada, January 22, 1867; Indiana,

January 23, 1867; Missouri, January 25, 1867; Rhode Island, February 7,

1867; Wisconsin, February 7, 1867; Pennsylvania, February 12, 1867;

Massachusetts, March 20, 1867; Nebraska, June 15, 1867; Iowa, March 16,

1868; Arkansas, April 6, 1868; Florida, June 9, 1868; North Carolina,

July 4, 1868 (after having rejected it on December 14, 1866); Louisiana,

July 9, 1868 (after having rejected it on February 6, 1867); South

Carolina, July 9, 1868 (after having rejected it on December 20, 1866).

Ratification was completed on July 9, 1868.

The amendment was subsequently ratified by Alabama, July 13, 1868;

Georgia, July 21, 1868 (after having rejected it on November 9, 1866);

Virginia, October 8, 1869 (after having rejected it on January 9, 1867);

Mississippi, January 17, 1870; Texas, February 18, 1870 (after having

rejected it on October 27, 1866); Delaware, February 12, 1901 (after

having rejected it on February 8, 1867); Maryland, April 4, 1959 (after

having rejected it on March 23, 1867); California, May 6, 1959;

Kentucky, March 18, 1976 (after having rejected it on January 8, 1867).

ARTICLE XV.

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 power to enforce this article by

appropriate legislation.

PROPOSAL AND RATIFICATION

The fifteenth amendment to the Constitution of the United States was

proposed to the legislatures of the several States by the Fortieth

Congress, on the 26th of February, 1869, and was declared, in a

proclamation of the Secretary of State, dated March 30, 1870, to have

been ratified by the legislatures of twenty-nine of the thirty-seven

States. The dates of ratification were: Nevada, March 1, 1869; West

Virginia, March 3, 1869; Illinois, March 5, 1869; Louisiana, March 5,

1869; North Carolina, March 5, 1869; Michigan, March 8, 1869; Wisconsin,

March 9, 1869; Maine, March 11, 1869; Massachusetts, March 12, 1869;

Arkansas, March 15, 1869; South Carolina, March 15, 1869; Pennsylvania,

March 25, 1869; New York, April 14, 1869 (and the legislature of the

same State passed a resolution January 5, 1870, to withdraw its consent

to it, which action it rescinded on March 30, 1970); Indiana, May 14,

1869; Connecticut, May 19, 1869; Florida, June 14, 1869; New Hampshire,

July 1, 1869; Virginia, October 8, 1869; Vermont, October 20, 1869;

Missouri, January 7, 1870; Minnesota, January 13, 1870; Mississippi,

January 17, 1870; Rhode Island, January 18, 1870; Kansas, January 19,

1870; Ohio, January 27, 1870 (after having rejected it on April 30,

1869); Georgia, February 2, 1870; Iowa, February 3, 1870; Tennessee,

April 2, 1997 (after having rejected it on November 16, 1869).

Ratification was completed on February 3, 1870, unless the withdrawal of

ratification by New York was effective; in which event ratification was

completed on February 17, 1870, when Nebraska ratified.

The amendment was subsequently ratified by Texas, February 18, 1870; New

Jersey, February 15, 1871 (after having rejected it on February 7,

1870); Delaware, February 12, 1901 (after having rejected it on March

18, 1869); Oregon, February 24, 1959; California, April 3, 1962 (after

having rejected it on January 28, 1870); Kentucky, March 18, 1976 (after

having rejected it on March 12, 1869).

The amendment was approved by the Governor of Maryland, May 7, 1973;

Maryland having previously rejected it on February 26, 1870.

ARTICLE XVI.

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.

PROPOSAL AND RATIFICATION

The sixteenth amendment to the Constitution of the United States was

proposed to the legislatures of the several States by the Sixty-first

Congress on the 12th of July, 1909, and was declared, in a proclamation

of the Secretary of State, dated the 25th of February, 1913, to have

been ratified by 36 of the 48 States. The dates of ratification were:

Alabama, August 10, 1909; Kentucky, February 8, 1910; South Carolina,

February 19, 1910; Illinois, March 1, 1910; Mississippi, March 7, 1910;

Oklahoma, March 10, 1910; Maryland, April 8, 1910; Georgia, August 3,

1910; Texas, August 16, 1910; Ohio, January 19, 1911; Idaho, January 20,

1911; Oregon, January 23, 1911; Washington, January 26, 1911; Montana,

January 30, 1911; Indiana, January 30, 1911; California, January 31,

1911; Nevada, January 31, 1911; South Dakota, February 3, 1911;

Nebraska, February 9, 1911; North Carolina, February 11, 1911; Colorado,

February 15, 1911; North Dakota, February 17, 1911; Kansas, February 18,

1911; Michigan, February 23, 1911; Iowa, February 24, 1911; Missouri,

March 16, 1911; Maine, March 31, 1911; Tennessee, April 7, 1911;

Arkansas, April 22, 1911 (after having rejected it earlier); Wisconsin,

May 26, 1911; New York, July 12, 1911; Arizona, April 6, 1912;

Minnesota, June 11, 1912; Louisiana, June 28, 1912; West Virginia,

January 31, 1913; New Mexico, February 3, 1913.

Ratification was completed on February 3, 1913.

The amendment was subsequently ratified by Massachusetts, March 4, 1913;

New Hampshire, March 7, 1913 (after having rejected it on March 2,

1911).

The amendment was rejected (and not subsequently ratified) by

Connecticut, Rhode Island, and Utah.

[ARTICLE XVII.]

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.

PROPOSAL AND RATIFICATION

The seventeenth amendment to the Constitution of the United States was

proposed to the legislatures of the several States by the Sixty-second

Congress on the 13th of May, 1912, and was declared, in a proclamation

of the Secretary of State, dated the 31st of May, 1913, to have been

ratified by the legislatures of 36 of the 48 States. The dates of

ratification were: Massachusetts, May 22, 1912; Arizona, June 3, 1912;

Minnesota, June 10, 1912; New York, January 15, 1913; Kansas, January

17, 1913; Oregon, January 23, 1913; North Carolina, January 25, 1913;

California, January 28, 1913; Michigan, January 28, 1913; Iowa, January

30, 1913; Montana, January 30, 1913; Idaho, January 31, 1913; West

Virginia, February 4, 1913; Colorado, February 5, 1913; Nevada, February

6, 1913; Texas, February 7, 1913; Washington, February 7, 1913; Wyoming,

February 8, 1913; Arkansas, February 11, 1913; Maine, February 11, 1913;

Illinois, February 13, 1913; North Dakota, February 14, 1913; Wisconsin,

February 18, 1913; Indiana, February 19, 1913; New Hampshire, February

19, 1913; Vermont, February 19, 1913; South Dakota, February 19, 1913;

Oklahoma, February 24, 1913; Ohio, February 25, 1913; Missouri, March 7,

1913; New Mexico, March 13, 1913; Nebraska, March 14, 1913; New Jersey,

March 17, 1913; Tennessee, April 1, 1913; Pennsylvania, April 2, 1913;

Connecticut, April 8, 1913.

Ratification was completed on April 8, 1913.

The amendment was subsequently ratified by Louisiana, June 11, 1914.

The amendment was rejected by Utah (and not subsequently ratified) on

February 26, 1913.

ARTICLE [XVIII].(!16)

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.

Sec. 2. The Congress and the several States shall have concurrent power

to enforce this article by appropriate legislation.

Sec. 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.

PROPOSAL AND RATIFICATION

The eighteenth amendment to the Constitution of the United States was

proposed to the legislatures of the several States by the Sixty-fifth

Congress, on the 18th of December, 1917, and was declared, in a

proclamation of the Secretary of State, dated the 29th of January, 1919,

to have been ratified by the legislatures of 36 of the 48 States. The

dates of ratification were: Mississippi, January 8, 1918; Virginia,

January 11, 1918; Kentucky, January 14, 1918; North Dakota, January 25,

1918; South Carolina, January 29, 1918; Maryland, February 13, 1918;

Montana, February 19, 1918; Texas, March 4, 1918; Delaware, March 18,

1918; South Dakota, March 20, 1918; Massachusetts, April 2, 1918;

Arizona, May 24, 1918; Georgia, June 26, 1918; Louisiana, August 3,

1918; Florida, December 3, 1918; Michigan, January 2, 1919; Ohio,

January 7, 1919; Oklahoma, January 7, 1919; Idaho, January 8, 1919;

Maine, January 8, 1919; West Virginia, January 9, 1919; California,

January 13, 1919; Tennessee, January 13, 1919; Washington, January 13,

1919; Arkansas, January 14, 1919; Kansas, January 14, 1919; Alabama,

January 15, 1919; Colorado, January 15, 1919; Iowa, January 15, 1919;

New Hampshire, January 15, 1919; Oregon, January 15, 1919; Nebraska,

January 16, 1919; North Carolina, January 16, 1919; Utah, January 16,

1919; Missouri, January 16, 1919; Wyoming, January 16, 1919.

Ratification was completed on January 16, 1919. See Dillon v. Gloss, 256

U.S. 368, 376 (1921).

The amendment was subsequently ratified by Minnesota on January 17,

1919; Wisconsin, January 17, 1919; New Mexico, January 20, 1919; Nevada,

January 21, 1919; New York, January 29, 1919; Vermont, January 29, 1919;

Pennsylvania, February 25, 1919; and New Jersey, March 9, 1922.

The amendment was rejected (and not subsequently ratified) by

Connecticut and Rhode Island.

ARTICLE [XIX].

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.

PROPOSAL AND RATIFICATION

The nineteenth amendment to the Constitution of the United States was

proposed to the legislatures of the several States by the Sixty-sixth

Congress, on the 4th of June, 1919, and was declared, in a proclamation

of the Secretary of State, dated the 26th of August, 1920, to have been

ratified by the legislatures of 36 of the 48 States. The dates of

ratification were: Illinois, June 10, 1919 (and that State readopted its

resolution of ratification June 17, 1919); Michigan, June 10, 1919;

Wisconsin, June 10, 1919; Kansas, June 16, 1919; New York, June 16,

1919; Ohio, June 16, 1919; Pennsylvania, June 24, 1919; Massachusetts,

June 25, 1919; Texas, June 28, 1919; Iowa, July 2, 1919; Missouri, July

3, 1919; Arkansas, July 28, 1919; Montana, August 2, 1919; Nebraska,

August 2, 1919; Minnesota, September 8, 1919; New Hampshire, September

10, 1919; Utah, October 2, 1919; California, November 1, 1919; Maine,

November 5, 1919; North Dakota, December 1, 1919; South Dakota, December

4, 1919; Colorado, December 15, 1919; Kentucky, January 6, 1920; Rhode

Island, January 6, 1920; Oregon, January 13, 1920; Indiana, January 16,

1920; Wyoming, January 27, 1920; Nevada, February 7, 1920; New Jersey,

February 9, 1920; Idaho, February 11, 1920; Arizona, February 12, 1920;

New Mexico, February 21, 1920; Oklahoma, February 28, 1920; West

Virginia, March 10, 1920; Washington, March 22, 1920; Tennessee, August

18, 1920.

Ratification was completed on August 18, 1920.

The amendment was subsequently ratified by Connecticut on September 14,

1920 (and that State reaffirmed on September 21, 1920); Vermont,

February 8, 1921; Delaware, March 6, 1923 (after having rejected it on

June 2, 1920); Maryland, March 29, 1941 (after having rejected it on

February 24, 1920, ratification certified on February 25, 1958);

Virginia, February 21, 1952 (after having rejected it on February 12,

1920); Alabama, September 8, 1953 (after having rejected it on September

22, 1919); Florida, May 13, 1969; South Carolina, July 1, 1969 (after

having rejected it on January 28, 1920, ratification certified on August

22, 1973); Georgia, February 20, 1970 (after having rejected it on July

24, 1919); Louisiana, June 11, 1970 (after having rejected it on July 1,

1920); North Carolina, May 6, 1971; Mississippi, March 22, 1984 (after

having rejected it on March 29, 1920).

ARTICLE [XX.]

Section 1. The terms of the President and 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.

Sec. 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.

Sec. 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 elect 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.

Sec. 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.

Sec. 5. Sections 1 and 2 shall take effect on the 15th day of October

following the ratification of this article.

Sec. 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.

PROPOSAL AND RATIFICATION

The twentieth amendment to the Constitution was proposed to the

legislatures of the several states by the Seventy-Second Congress, on

the 2d day of March, 1932, and was declared, in a proclamation by the

Secretary of State, dated on the 6th day of February, 1933, to have been

ratified by the legislatures of 36 of the 48 States. The dates of

ratification were: Virginia, March 4, 1932; New York, March 11, 1932;

Mississippi, March 16, 1932; Arkansas, March 17, 1932; Kentucky, March

17, 1932; New Jersey, March 21, 1932; South Carolina, March 25, 1932;

Michigan, March 31, 1932; Maine, April 1, 1932; Rhode Island, April 14,

1932; Illinois, April 21, 1932; Louisiana, June 22, 1932; West Virginia,

July 30, 1932; Pennsylvania, August 11, 1932; Indiana, August 15, 1932;

Texas, September 7, 1932; Alabama, September 13, 1932; California,

January 4, 1933; North Carolina, January 5, 1933; North Dakota, January

9, 1933; Minnesota, January 12, 1933; Arizona, January 13, 1933;

Montana, January 13, 1933; Nebraska, January 13, 1933; Oklahoma, January

13, 1933; Kansas, January 16, 1933; Oregon, January 16, 1933; Delaware,

January 19, 1933; Washington, January 19, 1933; Wyoming, January 19,

1933; Iowa, January 20, 1933; South Dakota, January 20, 1933; Tennessee,

January 20, 1933; Idaho, January 21, 1933; New Mexico, January 21, 1933;

Georgia, January 23, 1933; Missouri, January 23, 1933; Ohio, January 23,

1933; Utah, January 23, 1933.

Ratification was completed on January 23, 1933.

The amendment was subsequently ratified by Massachusetts on January 24,

1933; Wisconsin, January 24, 1933; Colorado, January 24, 1933; Nevada,

January 26, 1933; Connecticut, January 27, 1933; New Hampshire, January

31, 1933; Vermont, February 2, 1933; Maryland, March 24, 1933; Florida,

April 26, 1933.

ARTICLE [XXI.]

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.

PROPOSAL AND RATIFICATION

The twenty-first amendment to the Constitution was proposed to the

several states by the Seventy-Second Congress, on the 20th day of

February, 1933, and was declared, in a proclamation by the Secretary of

State, dated on the 5th day of December, 1933, to have been ratified by

36 of the 48 States. The dates of ratification were: Michigan, April 10,

1933; Wisconsin, April 25, 1933; Rhode Island, May 8, 1933; Wyoming, May

25, 1933; New Jersey, June 1, 1933; Delaware, June 24, 1933; Indiana,

June 26, 1933; Massachusetts, June 26, 1933; New York, June 27, 1933;

Illinois, July 10, 1933; Iowa, July 10, 1933; Connecticut, July 11,

1933; New Hampshire, July 11, 1933; California, July 24, 1933; West

Virginia, July 25, 1933; Arkansas, August 1, 1933; Oregon, August 7,

1933; Alabama, August 8, 1933; Tennessee, August 11, 1933; Missouri,

August 29, 1933; Arizona, September 5, 1933; Nevada, September 5, 1933;

Vermont, September 23, 1933; Colorado, September 26, 1933; Washington,

October 3, 1933; Minnesota, October 10, 1933; Idaho, October 17, 1933;

Maryland, October 18, 1933; Virginia, October 25, 1933; New Mexico,

November 2, 1933; Florida, November 14, 1933; Texas, November 24, 1933;

Kentucky, November 27, 1933; Ohio, December 5, 1933; Pennsylvania,

December 5, 1933; Utah, December 5, 1933.

Ratification was completed on December 5, 1933.

The amendment was subsequently ratified by Maine, on December 6, 1933,

and by Montana, on August 6, 1934.

The amendment was rejected (and not subsequently ratified) by South

Carolina, on December 4, 1933.

ARTICLE [XXII.]

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 the

President more than once. But this Article shall not apply to any person

holding the office of President when this Article was proposed by the

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.

Sec. 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.

PROPOSAL AND RATIFICATION

This amendment was proposed to the legislatures of the several States by

the Eightieth Congress on Mar. 21, 1947 by House Joint Res. No. 27, and

was declared by the Administrator of General Services, on Mar. 1, 1951,

to have been ratified by the legislatures of 36 of the 48 States. The

dates of ratification were: Maine, March 31, 1947; Michigan, March 31,

1947; Iowa, April 1, 1947; Kansas, April 1, 1947; New Hampshire, April

1, 1947; Delaware, April 2, 1947; Illinois, April 3, 1947; Oregon, April

3, 1947; Colorado, April 12, 1947; California, April 15, 1947; New

Jersey, April 15, 1947; Vermont, April 15, 1947; Ohio, April 16, 1947;

Wisconsin, April 16, 1947; Pennsylvania, April 29, 1947; Connecticut,

May 21, 1947; Missouri, May 22, 1947; Nebraska, May 23, 1947; Virginia,

January 28, 1948; Mississippi, February 12, 1948; New York, March 9,

1948; South Dakota, January 21, 1949; North Dakota, February 25, 1949;

Louisiana, May 17, 1950; Montana, January 25, 1951; Indiana, January 29,

1951; Idaho, January 30, 1951; New Mexico, February 12, 1951; Wyoming,

February 12, 1951; Arkansas, February 15, 1951; Georgia, February 17,

1951; Tennessee, February 20, 1951; Texas, February 22, 1951; Nevada,

February 26, 1951; Utah, February 26, 1951; Minnesota, February 27,

1951.

Ratification was completed on February 27, 1951.

The amendment was subsequently ratified by North Carolina on February

28, 1951; South Carolina, March 13, 1951; Maryland, March 14, 1951;

Florida, April 16, 1951; Alabama, May 4, 1951.

The amendment was rejected (and not subsequently ratified) by Oklahoma

in June 1947, and Massachusetts on June 9, 1949.

CERTIFICATION OF VALIDITY

Publication of the certifying statement of the Administrator of General

Services that the amendment had become valid was made on Mar. 1, 1951,

F.R. Doc. 51-2940, 16 F.R. 2019.

ARTICLE [XXIII.]

Section 1. The District constituting the seat of Government of the

United States shall appoint in such manner as the 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.

Sec. 2. The Congress shall have power to enforce this article by

appropriate legislation.

PROPOSAL AND RATIFICATION

This amendment was proposed by the Eighty-sixth Congress on June 17,

1960 and was declared by the Administrator of General Services on Apr.

3, 1961, to have been ratified by 38 of the 50 States. The dates of

ratification were: Hawaii, June 23, 1960 (and that State made a

technical correction to its resolution on June 30, 1960); Massachusetts,

August 22, 1960; New Jersey, December 19, 1960; New York, January 17,

1961; California, January 19, 1961; Oregon, January 27, 1961; Maryland,

January 30, 1961; Idaho, January 31, 1961; Maine, January 31, 1961;

Minnesota, January 31, 1961; New Mexico, February 1, 1961; Nevada,

February 2, 1961; Montana, February 6, 1961; South Dakota, February 6,

1961; Colorado, February 8, 1961; Washington, February 9, 1961; West

Virginia, February 9, 1961; Alaska, February 10, 1961; Wyoming, February

13, 1961; Delaware, February 20, 1961; Utah, February 21, 1961;

Wisconsin, February 21, 1961; Pennsylvania, February 28, 1961; Indiana,

March 3, 1961; North Dakota, March 3, 1961; Tennessee, March 6, 1961;

Michigan, March 8, 1961; Connecticut, March 9, 1961; Arizona, March 10,

1961; Illinois, March 14, 1961; Nebraska, March 15, 1961; Vermont, March

15, 1961; Iowa, March 16, 1961; Missouri, March 20, 1961; Oklahoma,

March 21, 1961; Rhode Island, March 22, 1961; Kansas, March 29, 1961;

Ohio, March 29, 1961.

Ratification was completed on March 29, 1961.

The amendment was subsequently ratified by New Hampshire on March 30,

1961 (when that State annulled and then repeated its ratification of

March 29, 1961; Alabama, April 16, 2002).

The amendment was rejected (and not subsequently ratified) by Arkansas

on January 24, 1961.

CERTIFICATION OF VALIDITY

Publication of the certifying statement of the Administrator of General

Services that the amendment had become valid was made on Apr. 3, 1961,

F.R. Doc. 61-3017, 26 F.R. 2808.

ARTICLE [XXIV.]

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 any poll tax or other tax.

Sec. 2. The Congress shall have power to enforce this article by

appropriate legislation.

PROPOSAL AND RATIFICATION

This amendment was proposed by the Eighty-seventh Congress by Senate

Joint Resolution No. 29, which was approved by the Senate on Mar. 27,

1962, and by the House of Representatives on Aug. 27, 1962. It was

declared by the Administrator of General Services on Feb. 4, 1964, to

have been ratified by the legislatures of 38 of the 50 States.

This amendment was ratified by the following States:

Illinois, November 14, 1962; New Jersey, December 3, 1962; Oregon,

January 25, 1963; Montana, January 28, 1963; West Virginia, February 1,

1963; New York, February 4, 1963; Maryland, February 6, 1963;

California, February 7, 1963; Alaska, February 11, 1963; Rhode Island,

February 14, 1963; Indiana, February 19, 1963; Utah, February 20, 1963;

Michigan, February 20, 1963; Colorado, February 21, 1963; Ohio, February

27, 1963; Minnesota, February 27, 1963; New Mexico, March 5, 1963;

Hawaii, March 6, 1963; North Dakota, March 7, 1963; Idaho, March 8,

1963; Washington, March 14, 1963; Vermont, March 15, 1963; Nevada, March

19, 1963; Connecticut, March 20, 1963; Tennessee, March 21, 1963;

Pennsylvania, March 25, 1963; Wisconsin, March 26, 1963; Kansas, March

28, 1963; Massachusetts, March 28, 1963; Nebraska, April 4, 1963;

Florida, April 18, 1963; Iowa, April 24, 1963; Delaware, May 1, 1963;

Missouri, May 13, 1963; New Hampshire, June 12, 1963; Kentucky, June 27,

1963; Maine, January 16, 1964; South Dakota, January 23, 1964; Virginia,

February 25, 1977.

Ratification was completed on January 23, 1964.

The amendment was subsequently ratified by North Carolina on May 3,

1989.

The amendment was rejected by Mississippi (and not subsequently

ratified) on December 20, 1962.

CERTIFICATION OF VALIDITY

Publication of the certifying statement of the Administrator of General

Services that the amendment had become valid was made on Feb. 5, 1964,

F.R. Doc. 64-1229, 29 F.R. 1715.

ARTICLE [XXV.]

Section 1. In case of the removal of the President from office or of his

death or resignation, the Vice President shall become President.

Sec. 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.

Sec. 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.

Sec. 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 departmentÿ1A\17\N 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.

PROPOSAL AND RATIFICATION

This amendment was proposed by the Eighty-ninth Congress by Senate Joint

Resolution No. 1, which was approved by the Senate on Feb. 19, 1965, and

by the House of Representatives, in amended form, on Apr. 13, 1965. The

House of Representatives agreed to a Conference Report on June 30, 1965,

and the Senate agreed to the Conference Report on July 6, 1965. It was

declared by the Administrator of General Services, on Feb. 23, 1967, to

have been ratified by the legislatures of 39 of the 50 States.

This amendment was ratified by the following States:

Nebraska, July 12, 1965; Wisconsin, July 13, 1965; Oklahoma, July 16,

1965; Massachusetts, August 9, 1965; Pennsylvania, August 18, 1965;

Kentucky, September 15, 1965; Arizona, September 22, 1965; Michigan,

October 5, 1965; Indiana, October 20, 1965; California, October 21,

1965; Arkansas, November 4, 1965; New Jersey, November 29, 1965;

Delaware, December 7, 1965; Utah, January 17, 1966; West Virginia,

January 20, 1966; Maine, January 24, 1966; Rhode Island, January 28,

1966; Colorado, February 3, 1966; New Mexico, February 3, 1966; Kansas,

February 8, 1966; Vermont, February 10, 1966; Alaska, February 18, 1966;

Idaho, March 2, 1966; Hawaii, March 3, 1966; Virginia, March 8, 1966;

Mississippi, March 10, 1966; New York, March 14, 1966; Maryland, March

23, 1966; Missouri, March 30, 1966; New Hampshire, June 13, 1966;

Louisiana, July 5, 1966; Tennessee, January 12, 1967; Wyoming, January

25, 1967; Washington, January 26, 1967; Iowa, January 26, 1967; Oregon,

February 2, 1967; Minnesota, February 10, 1967; Nevada, February 10,

1967.

Ratification was completed on February 10, 1967.

The amendment was subsequently ratified by Connecticut, February 14,

1967; Montana, February 15, 1967; South Dakota, March 6, 1967; Ohio,

March 7, 1967; Alabama, March 14, 1967; North Carolina, March 22, 1967;

Illinois, March 22, 1967; Texas, April 25, 1967; Florida, May 25, 1967.

CERTIFICATION OF VALIDITY

Publication of the certifying statement of the Administrator of General

Services that the amendment had become valid was made on Feb. 25, 1967,

F.R. Doc. 67-2208, 32 F.R. 3287.

ARTICLE [XXVI.]

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.

Sec. 2. The Congress shall have power to enforce this article by

appropriate legislation.

PROPOSAL AND RATIFICATION

This amendment was proposed by the Ninety-second Congress by Senate

Joint Resolution No. 7, which was approved by the Senate on Mar. 10,

1971, and by the House of Representatives on Mar. 23, 1971. It was

declared by the Administrator of General Services on July 5, 1971, to

have been ratified by the legislatures of 39 of the 50 States.

This amendment was ratified by the following States: Connecticut, March

23, 1971; Delaware, March 23, 1971; Minnesota, March 23, 1971;

Tennessee, March 23, 1971; Washington, March 23, 1971; Hawaii, March 24,

1971; Massachusetts, March 24, 1971; Montana, March 29, 1971; Arkansas,

March 30, 1971; Idaho, March 30, 1971; Iowa, March 30, 1971; Nebraska,

April 2, 1971; New Jersey, April 3, 1971; Kansas, April 7, 1971;

Michigan, April 7, 1971; Alaska, April 8, 1971; Maryland, April 8, 1971;

Indiana, April 8, 1971; Maine, April 9, 1971; Vermont, April 16, 1971;

Louisiana, April 17, 1971; California, April 19, 1971; Colorado, April

27, 1971; Pennsylvania, April 27, 1971; Texas, April 27, 1971; South

Carolina, April 28, 1971; West Virginia, April 28, 1971; New Hampshire,

May 13, 1971; Arizona, May 14, 1971; Rhode Island, May 27, 1971; New

York, June 2, 1971; Oregon, June 4, 1971; Missouri, June 14, 1971;

Wisconsin, June 22, 1971; Illinois, June 29, 1971; Alabama, June 30,

1971; Ohio, June 30, 1971; North Carolina, July 1, 1971; Oklahoma, July

1, 1971.

Ratification was completed on July 1, 1971.

The amendment was subsequently ratified by Virginia, July 8, 1971;

Wyoming, July 8, 1971; Georgia, October 4, 1971.

CERTIFICATION OF VALIDITY

Publication of the certifying statement of the Administrator of General

Services that the amendment had become valid was made on July 7, 1971,

F.R. Doc. 71-9691, 36 F.R. 12725.

ARTICLE [XXVII.]

No law, varying the compensation for the services of the Senators and

Representatives, shall take effect, until an election of Representatives

shall have intervened.

PROPOSAL AND RATIFICATION

This amendment, being the second of twelve articles proposed by the

First Congress on Sept. 25, 1789, was declared by the Archivist of the

United States on May 18, 1992, to have been ratified by the legislatures

of 40 of the 50 States.

This amendment was ratified by the following States: Maryland, December

19, 1789; North Carolina, December 22, 1789; South Carolina, January 19,

1790; Delaware, January 28, 1790; Vermont, November 3, 1791; Virginia,

December 15, 1791; Ohio, May 6, 1873; Wyoming, March 6, 1978; Maine,

April 27, 1983; Colorado, April 22, 1984; South Dakota, February 21,

1985; New Hampshire, March 7, 1985; Arizona, April 3, 1985; Tennessee,

May 23, 1985; Oklahoma, July 10, 1985; New Mexico, February 14, 1986;

Indiana, February 24, 1986; Utah, February 25, 1986; Arkansas, March 6,

1987; Montana, March 17, 1987; Connecticut, May 13, 1987; Wisconsin,

July 15, 1987; Georgia, February 2, 1988; West Virginia, March 10, 1988;

Louisiana, July 7, 1988; Iowa, February 9, 1989; Idaho, March 23, 1989;

Nevada, April 26, 1989; Alaska, May 6, 1989; Oregon, May 19, 1989;

Minnesota, May 22, 1989; Texas, May 25, 1989; Kansas, April 5, 1990;

Florida, May 31, 1990; North Dakota, March 25, 1991; Alabama, May 5,

1992; Missouri, May 5, 1992; Michigan, May 7, 1992; New Jersey, May 7,

1992.

Ratification was completed on May 7, 1992.

The amendment was subsequently ratified by Illinois on May 12, 1992;

California, June 26, 1992; Rhode Island, June 10, 1993; Hawaii, April

29, 1994; Washington, April 6, 1995; Kentucky, March 21, 1996.

CERTIFICATION OF VALIDITY

Publication of the certifying statement of the Archivist of the United

States that the amendment had become valid was made on May 18, 1992,

F.R. Doc. 92-11951, 57 F.R. 21187.

PROPOSED AMENDMENTS TO THE CONSTITUTION NOT RATIFIED BY THE STATES

In addition to the 27 amendments that have been ratified by the required

three-fourths of the States, six other amendments have been submitted to

the States but have not been ratified by them.

Beginning with the proposed Eighteenth Amendment, Congress has

customarily included a provision requiring ratification within seven

years from the time of the submission to the States. The Supreme Court

in Coleman v. Miller, 307 U.S. 433 (1939), declared that the question of

the reasonableness of the time within which a sufficient number of

States must act is a political question to be determined by the

Congress.

In 1789, twelve proposed articles of amendment were submitted to the

States. Of these, Articles III-XII were ratified and became the first

ten amendments to the Constitution, popularly known as the Bill of

Rights. In 1992, proposed Article II was ratified and became the 27th

amendment to the Constitution. Proposed Article I which was not ratified

is as follows:

“ARTICLE THE FIRST

“After the first enumeration required by the first article of the

Constitution, there shall be one Representative for every thirty

thousand, until the number shall amount to one hundred, after which the

proportion shall be so regulated by Congress, that there shall be not

less than one hundred Representatives, nor less than one Representative

for every forty thousand persons, until the number of Representatives

shall amount to two hundred; after which the proportion shall be so

regulated by Congress, that there shall not be less than two hundred

Representatives, nor more than one Representative for every fifty

thousand persons.”

Thereafter, in the 2d session of the Eleventh Congress, the Congress

proposed the following article of amendment to the Constitution relating

to acceptance by citizens of the United States of titles of nobility

from any foreign government.

The proposed amendment, which was not ratified by three-fourths of the

States, is as follows:

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 section be submitted to the legislatures of the

several states, which when ratified by the legislatures of three fourths

of the states, shall be valid and binding, as a part of the constitution

of the United States:

If any citizen of the United States shall accept, claim, receive or

retain any title of nobility or honor, or shall, without the consent of

Congress, accept and retain any present, pension, office or emolument of

any kind whatever, from any emperor, king, prince or foreign power, such

person shall cease to be a citizen of the United States, and shall be

incapable of holding any office of trust or profit under them, or either

of them.

The following amendment to the Constitution relating to slavery was

proposed by the 2d session of the Thirty-sixth Congress on March 2,

1861, when it passed the Senate, having previously passed the House on

February 28, 1861. It is interesting to note in this connection that

this is the only proposed (and not ratified) amendment to the

Constitution to have been signed by the President. The President’s

signature is considered unnecessary because of the constitutional

provision that on the concurrence of two-thirds of both Houses of

Congress the proposal shall be submitted to the States for ratification.

Resolved by the Senate and House of Representatives of the United States

of America in Congress assembled, That the following article be proposed

to the Legislatures of the several States as an amendment to the

Constitution of the United States, which, when ratified by three-fourths

of said Legislatures, shall be valid, to all intents and purposes, as

part of the said Constitution, viz:

“ARTICLE THIRTEEN

“No amendment shall be made to the Constitution which will authorize or

give to Congress the power to abolish or interfere, within any State,

with the domestic institutions thereof, including that of persons held

to labor or service by the laws of said State.”

A child labor amendment was proposed by the 1st session of the Sixty-

eighth Congress on June 2, 1926, when it passed the Senate, having

previously passed the House on April 26, 1926. The proposed amendment,

which has been ratified by 28 States, to date, is as follows:

Joint Resolution Proposing an Amendment to the Constitution of the United

States

Resolved by the Senate and House of Representatives of the United

States of America in Congress assembled (two-thirds of each House

concurring therein), That the following article is proposed as an

amendment to the Constitution of the United States, which, when

ratified by the legislatures of three-fourths of the several States,

shall be valid to all intents and purposes as a part of the

Constitution:

“ARTICLE-.

“Section 1. The Congress shall have power to limit, regulate, and

prohibit the labor of persons under eighteen years of age.

“Section 2. The power of the several States is unimpaired by this

article except that the operation of State laws shall be suspended to

the extent necessary to give effect to legislation enacted by the

Congress.”

An amendment relative to equal rights for men and women was proposed by

the 2d session of the Ninety-second Congress on March 22, 1972, when it

passed the Senate, having previously passed the House on October 12,

1971. The seven-year deadline for ratification of the proposed amendment

was extended to June 30, 1982, by the 2d session of the Ninety-fifth

Congress. The proposed amendment, which was not ratified by three-

fourths of the States by June 30, 1982, is as follows:

Joint Resolution Proposing an Amendment to the Constitution of the

United States Relative to Equal Rights for Men and Women

Resolved by the Senate and House of Representatives of the United

States of America in Congress assembled (two-thirds of each House

concurring therein), That the following article is proposed as an

amendment to the Constitution of the United States, which shall be valid

to all intents and purposes as part of the Constitution when ratified by

the legislatures of three-fourths of the several States within seven

years from the date of its submission by the Congress:

“ARTICLE-

“Section 1. Equality of rights under the law shall not be denied or

abridged by the United States or by any State on account of sex.

“Sec. 2. The Congress shall have the power to enforce, by appropriate

legislation, the provisions of this article.

“Sec. 3. This amendment shall take effect two years after the date of

ratification.”

An amendment relative to voting rights for the District of Columbia was

proposed by the 2d session of the Ninety-fifth Congress on August 22,

1978, when it passed the Senate, having previously passed the House on

March 2, 1978. The proposed amendment, which was not ratified by three-

fourths of the States within the specified seven-year period, is as

follows:

Joint Resolution Proposing an Amendment to the Constitution To Provide

for Representation of the District of Columbia in the Congress.

Resolved by the Senate and House of Representatives of the United States

of America in Congress assembled (two-thirds of each House concurring

therein), That the following article is proposed as an amendment to the

Constitution of the United States, which shall be valid to all intents

and purposes as part of the Constitution when ratified by the

legislatures of three-fourths of the several States within seven years

from the date of its submission by the Congress:

“ARTICLE-

“Section 1. For purposes of representation in the Congress, election of

the President and Vice President, and article V of this Constitution,

the District constituting the seat of government of the United States

shall be treated as though it were a State.

“Sec. 2. The exercise of the rights and powers conferred under this

article shall be by the people of the District constituting the seat of

government, and as shall be provided by the Congress.

“Sec. 3. The twenty-third article of amendment to the Constitution of

the United States is hereby repealed.

“Sec. 4. 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.”

-FOOTNOTE-

(!12)The first ten amendments to the Constitution of the United States

(and two others, one of which failed of ratification and the other which

later became the 27th amendment) were proposed to the legislatures of

the several States by the First Congress on September 25, 1789. The

first ten amendments were ratified by the following States, and the

notifications of ratification by the Governors thereof were successively

communicated by the President to Congress: New Jersey, November 20,

1789; Maryland, December 19, 1789; North Carolina, December 22, 1789;

South Carolina, January 19, 1790; New Hampshire, January 25, 1790;

Delaware, January 28, 1790; New York, February 24, 1790; Pennsylvania,

March 10, 1790; Rhode Island, June 7, 1790; Vermont, November 3, 1791;

and Virginia, December 15, 1791.

Ratification was completed on December 15, 1791.

The amendments were subsequently ratified by the legislatures of

Massachusetts, March 2, 1939; Georgia, March 18, 1939; and Connecticut,

April 19, 1939.

(!13)Only the 13th, 14th, 15th, and 16th articles of amendment had

numbers assigned to them at the time of ratification.

(!14)This sentence has been superseded by section 3 of amendment XX.

(!15)See amendment XIX and section 1 of amendment XXVI.

(!16)Repealed by section 1 of amendment XXI.

(!17)So in original. Probably should be “departments”.

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