Constitution
the organic law, written or unwritten, of a body politic, though the word is used popularly with great vagueness. The natives of England speak with pride of the British "constitution." Each of the United States of America has a "constitution," while the Federal "constitution" holds them all together. During the democratic uprising in Continental Europe in 1848, the people in each country demanded that their despotic sovereigns should grant them a "constitution." In all these cases the constitution is an organization of the great body politic with regard to such fundamental matters as legislative, executive, and judicial power and authority. In the uprisings in 1848, the constitution sought was an instrument having the force of solemn compact, by which the despot, who had hitherto ruled alone, or nearly alone, gave a substantial share of his power to his subjects, so as to render them in a manner self-governed. In the United States, whether the State in point was founded before or after the War of Independence, it was an engagement between the different portions of society as to the political powers which they should respectively exercise. In the British constitution it is the complex political organization which has grown up during the many centuries that the British people have existed, and which consequently has a stability and an adaptation to all classes.
One reason of the successful working of the American and the British constitutions has been their mixed character. No class of men are morally capable of wielding supreme power with- CONSTITUTION out abusing it. A Nero, a Caligula, a Tiberius, and a multitude of other emperors, show what uncontrolled royal power can do. By the State and National Constitutions of the United States the legis lative power is vested in the National and State legislatures; the executive power in the President and governors, both of whom are elected and removed at frequent intervals. The judiciary interpret the law, and are in turn restrained by written statutes and prescription.
The rights of the people are guarded by the habeas corpus act, and by the further constitutional guarantees of both the State and National charters. The jury trial stands as a bar to malicious persecution. Should an exigency arise necessitating a change in the Constitution of the State or of the nation, the change must be submitted to the people and ratified by them.
The Constitution of the United States as it now stands consists of 7 original articles and 19 articles of amendment, the last two being those providing for the prohibition of intoxicating liquors and for woman suffrage. It was originally framed by the representatives of the people, who met at Philadelphia, and finally adopted it on Sept. 17, 1787. It became a law of the land on the first Wednesday of March, 1789. In the British constitution legislative power is placed in the hands of the king, lords, and the commons; the executive power is nominally in the hands of the sovereign, but really in those of responsible ministers. The judicial authority is vested in judges, not removable except for very serious fault; while the jury system affords a guarantee that no one can be pronounced guilty unless 12 of his peers see their way to convicting him of the offense. Nor can one be imprisoned for an indefinite period without being brought to trial; for a writ of habeas corpus may be applied for, which requires the individual to be produced for trial within a certain time, or released.
These fundamental arrangements are not like the changeless laws of nature.
A constitution made directly or indirectly by men may be altered by men, and, in exceptional circumstances, when parts of the constitution are systematically abused to the detriment of society, society, speaking by its mouthpiece, the Legislature, can meet the crisis by by enacting ng that they shall be temporarily suspended or permanently repealed.
Apostolic Constitutions are ordinances for the discipline of the Church, particularly the apostolic constitutions and a collection of regulations attributed to the Apostles, and supposed to have been col- 124 CONSTITUTION OF THE U. S. lected by St. Clement, whose name they bear. Their authenticity has been greatly questioned.
In Scots Law, a decree of constitution is a decree by which the extent of a debt or obligation is ascertained. The term is generally applied to those decrees which are requisite to found a title in the person of the creditor in the event of the death of the debtor of the original creditor.
The Constitutions of Clarendon are constitutions, in the sense of laws or regulations, made at a Council held at Clarendon, near Salisbury, on Jan. 25, 1164. They were designed to define the boundary-line between civil and ecclesiastical jurisdiction, and did so in a sense favorable to the civil power. On this account Thomas à Becket, Archbishop of Canterbury, refused to sign them, and excommunicated many of the ecclesiastics who had done so. This led to the feud between him and the civil government, which ultimately caused his assassination on Dec. 29, 1170. CONSTITUTION OF THE UNITED STATES. - We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquillity, provide for the common defense, 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 I. 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 II. 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 25 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. 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 10 years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every 30,000, but each State shall have at least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose 3; Massachusetts, 8; Rhode Island and Providence Plantations, 13; Connecticut, 5; New York, 6; New Jersey, 4; Pennsylvania, 8; Delaware, 1; Maryland, 6; Virginia, 10; North Carolina, 5; South Carolina, 5, and Georgia, 3.
CONSTITUTION OF THE U. S. 125 tation from any State, the Executive Authority 4. When vacancies happen in the representation from any State, the Executive Authority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment.
SECTION III. 1. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one vote.
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 appointment until the next meeting of the Legislature, which shall then fill such vacancies.
3. No person shall be a Senator who shall not have attained to the age of 30 years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitand who shall not, when elected, be an inhabit- ant 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
4. The Vice-President of the United States no vote unless they be equally divided.
5. The Senate shall choose their officers, 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 purpose, they shall be on oath or affirmation.
When the President of the United States is 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 remove 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 IV. 1. The times, places, and manner of holding elections for Senators and Rep- SECTION IV. 1. The times, places, and manner of holding elections for Senators and Repmay at any time by law make or alter such regulations, except as to places of choosing Senators. 2. The Congress shall assemble at least once in every year, and such meeting shall be on the Senators. 2. The Congress shall assemble at least once by law appoint a different day.
SECTION V. 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 behavior, and with the concurrence of provide. 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 two-thirds expel a member. 3. Each House shall keep a journal of its proceedings, and from time to time publish the 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 question shall, at the desire of one-fifth of to any other place than that in which the two Congress, shall, without the consent of the CONSTITUTION OF THE U. S.
SECTION VI. 1. The Senators and Representatives shall receive a compensation for paid out of the Treasury of the United States. their services, to be ascertained by law, and They shall in all cases, except treason, felony, arrest during their attendance at the session and breach of the peace, be privileged from of their respective Houses, and in going to and returning from the same; and for any not be questioned in any other place. speech or debate in either House they shall 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 son holding any office under the United States been increased during such time; and no pershall be a member of either House during his continuance in office.
SECTION VII. 1. All bills for raising revenue shall originate in the House of Representatives, amendments, as on other bills.
2. Every bill which shall have passed the before it become a law, be presented to the House of Representatives and the Senate shall, 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 objections at large on their journal, and proshall have originated, who shall enter the tion two-thirds of that House shall agree to pass the bill, it shall be sent, together with the shall likewise be reconsidered; and if approved objections, to the other House, by which it by two-thirds of that House it shall become a law. But in all such cases the votes of both 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 10 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 question of adjournment) shall be presented to Representatives may be necessary (except on a the President of the United States; and before the same shall take effect shall be approved by him, or Leing disapproved by him, shall be repassed by two-thirds of the Senate and the House of Representatives, according to the rules and limitations prescribed in the case of a bill.
SECTION VIII. 1. The Congress shall have power:
To lay and collect taxes, duties, imposts, and common defense and general welfare of the excises, to pay the debts and provide for 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 counweights and measures.
6. To provide for the punishment of coun- United States.
7. To establish postoffices and postroads. 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. their respective writings and discoveries. 9. To constitute tribunals inferior to the 10. To define and punish piracies and CONSTITUTION OF THE U. S. felonies committed on the high seas, and offenses 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 10 miles square) as may, by cession of particular States and the acceptance of Congress, become the seat of the Government of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings. And
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 IX. 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 10 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 hereinbefore directed to be taken. 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 X. 1. No State shall enter into any treaty, alliance, or confederation, grant letters of marque and reprisal, coin money, emit bills of credit, make anything 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 impost or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the Treasury of the United CONSTITUTION OF THE U. S.
States; and all such laws shall be subject to the revision and control 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 I. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice- President, chosen for the same term, be elected as follows: 2. Each State shall appoint, in such manner as the 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 choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote. A quorum, for this purpose, shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice- President.]
4. The Congress may determine the time of choosing 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 35 years and been 14 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, 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 increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any CONSTITUTION OF THE U. S. 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 affirmation: or SECTION II. 1. The President shall be Commander-in-Chief of the Army and Navy of the United States, and will, to the best of my ability, preserve, protect, and defend the Constitution of the United States." SECTION II. 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 offenses 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 and all other officers of the United States whose ters and consuls, judges of the Supreme Court, shall appoint ambassadors, other public minisappointments are not herein otherwise provided 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 III. give to the Congress information of the state He shall from time to time sary and expedient; he may, on extraordinary eration 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 IV. 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 I. 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 behavior, and shall at stated times receive for their services a compensation which shall not be diminished during their continuance in office. their services a compensation which shall not SECTION II. 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 affect- States, and treaties made, or which shall be under this Constitution, the laws of the United ing ambassadors, other public ministers, and consuls; to all cases of admiralty and maritime ing ambassadors, other public ministers, and 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, 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. În all the other cases before-mentioned the Supreme CONSTITUTION OF THE U. S. such regulations as the Congress shall make. to law and fact, with such exceptions and under 3. The trial of all crimes, except in cases to law and fact, with such exceptions and under trial shall be held in the State where the said crimes shall have been committed; but when 3. The trial of all crimes, except in cases not committed within any State the trial shall be held in the State where the said be at such place or places as the Congress may by law have directed.
States shall consist only in levying war against them aid and comfort. No person shall be them, or in adhering to their enemies, giving them aid and comfort.
SECTION III. 1. Treason against the United convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
No person shall be the punishment of treason, but no attainder of attainted. 2. The Congress shall have power to declare attainted. feiture except during the life of the person ARTICLE IV.
SECTION I. Full faith and credit shall be given in each State to the public acts, records, proceedings shall be proved, and the effect and judicial proceedings of every other State. thereof.
And the Congress may by general laws prescribe the manner in which such acts, records, and ties of citizens in the several States.
SECTION II. 1. The citizens of each State shall be entitled to all privileges and immunison, felony, or other crime, who shall flee from 2. A person charged in any State with treajustice, and be found in another State, shall, 2. A person charged in any State with treaon demand of the Executive authority of the justice, and be found in another State, shall, State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime.
State, under the laws thereof, escaping into regulation therein, be discharged from such 3. No person held to service or labor in one service or labor, but shall be delivered up on claim of the party to whom such service or another shall, in consequence of any law or labor may be due. claim of the party to whom such service or SECTION III. 1. New States may be admitted State shall be formed or erected within the SECTION III. 1. New States may be admitted States, or parts of States, without the consent of the Legislatures of the States concerned, as jurisdiction of any other State, nor any State well as of the Congress. be formed by the junction of two or more States, or parts of States, without the consent 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 IV. antee to every State in this Union a republican The United States shall guarform 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.
Legislature cannot be convened), against doamendments to this Constitution, or, on the application of the Legislatures of two-thirds of the several States, shall call a convention for The Congress, whenever two-thirds of both shall be valid to all intents and purposes, as part of this Constitution, when ratified by the States, or by conventions in three-fourths thereof, as the one or the other mode of ratification Legislatures of three-fourths of the several the year one thousand eight hundred and eight shall in any manner affect the first and fourth may be proposed by the Congress; provided that clauses in the Ninth Section of the First Arno amendment which may be made prior to no amendment which may be made prior to CONSTITUTION OF THE U. S. 128 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, anything 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. AMENDMENTS TO THE CONSTITUTION.
ARTICLE I.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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 other 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 offense 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 defense.
CONSTITUTION OF THE U. S.
ARTICLE VII.
In suits at common law, where the value in controversy shall exceed 20 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.
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 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 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 twothirds 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. 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.
ARTICLE XIII. 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.
CONSTITUTION OF THE U. S. 2. Congress shall have power to enforce this article by appropriate legislation.
ARTICLE XIV.
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.
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 members of such State, being of 21 years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens 21 years of age in such State.
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 and comfort to the enemies thereof.
But Congress may, by a vote of two-thirds of each House, remove such disability. 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 and 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. 5. The Congress shall have power to enforce by appropriate legislation the provisions of this article.
ARTICLE XV. 1. The right of the 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. 2. The Congress shall have power to enforce the provisions of this article by appropriate legislation. Adoption. On Sept. 28, 1787, in Constitutional Convention, in Philadelphia, the "Constitution of the United States" was adopted. The convention had given four months to its consideration. In its final preparation it was assigned to a committee consisting of Governeur Morris, of Pennsylvania; William S. Johnson, of Connecticut; Alexander Hamilton, of New York; James Madison, of Virginia; and Rufus King, of Massachusetts. In this committee, by common consent, the work was intrusted mainly CONSTITUTION OF THE U. S. to Morris, who wrote out the entire document. With some minor changes the work was adopted by the convention as written, and sent out to the several States at the above date, for ratification.
Ratification of Constitution. - The Constitution was ratified by the 13 original States in the following order: Delaware, Dec. 7, 1787, unanimously.
Pennsylvania, Dec. 12, 1787, vote 46 to 23.
New Jersey, Dec. 18, 1787, unanimously.
Georgia, Jan. 2, 1788, unanimously.
Connecticut, Jan. 9, 1788, vote 128 to 40.
Massachusetts, Feb. 6, 1788, vote 187 to 168.
Maryland, April 28, 1788, vote 63 to 12.
South Carolina, May 28, 1788, vote 149 to 73.
New Hampshire, June 21, 1788, vote 57 to 46.
Virginia, June 25, 1788, vote 89 to 79.
New York, July 26, 1788, 26, 1788, vote 30 to 28.
North Carolina, Nov. 21, 1789, vote 193 to 75.
Rhode Island, May 29, 1790, vote 34 to 32.
Ratification of Amendments.- I. to X. inclusive were declared in force Dec. 15, 1791.
XI. was declared in force Jan. 8, 1798.
XII., regulating elections, was ratified by all the States except Connecticut, Delaware, Massachusetts and New Hampshire, which rejected it. It was declared in force Sept. 28, 1804.
XIII. The emancipation amendment was ratified by 31 of the 36 States; rejected by Delaware and Kentucky, not acted on by Texas; conditionally ratified by Alabama and Mississippi. Proclaimed Dec. 18, 1865.
XIV. Reconstruction amendment was ratified by 23 Northern States; rejected by Delaware, Kentucky, Maryland, and 10 Southern States, and not acted on by California. The 10 Southern States subsequently ratified it. Proclaimed July 28, 1866.
XV. Negro citizenship amendment was not acted on by Tennessee, rejected by California, Delaware, Kentucky, Maryland, New Jersey, and Oregon; ratified by the remaining 30 States. New York rescinded its ratification Jan. 5, 1870. Proclaimed March 30, 1870.
XVI. A taxation amendment; its purpose being to obviate the requirement of distributing direct taxes among States according to their respective populations. Passed both Houses in 1909. Declared in force Feb. 25, 1913.
XVII. Providing for the direct elec- CONSTITUTIONAL CONVENTION 130 tion of United States Senators. Effective May 31, 1913. XVIII. An amendment providing for national prohibition submitted to the States for ratification was passed in December, 1917. In January, 1919, 36 States having ratified, the amendment was declared in force Jan. 1, 1920.
XIX. The Woman Suffrage amendment passed both Houses in May and June, 1919, for ratification of the States.
Aug. 18, 1920, Tennessee, the 36th State, ratified the amendment for inclusion in the Federal Constitution.
CONSTITUTIONAL CONVENTION, in the United States, an assembly of delegates elected by popular vote to prepare or revise the constitution of a State. The 13 original States were admitted into the Union by the act of ratifying the Federal Constitution of 1787; the others have been received after the passage of enabling acts by Congress, and the approval by it of drafts of proposed constitutions. The first duty of a territorial candidate for statehood after the adoption of its enabling act is to call a Constitutional Convention and prepare a constitution, which must conform to the provisions of the Federal Constitution and amendments, and to the spirit of subsequent legislation by Congress. On the filing in Washington of a certificate of adoption of a constitution by the popular vote of the people in the territory, the President of the United States issues a proclamation announcing the admission of the territory into the Union as a State. Subsequently, if deemed necessary or advantageous, the Legislature may authorize Constitutional Convention for the purpose of revising the Constitution. At the close of the Civil War each of the States formerly in the Confederacy was obliged to hold a Constitutional Convention to prepare new constitution, recognizing the a a amendments to the Federal Constitution that had been adopted by the Northern States as a consequence of the war, with those portions of national legislation which were designed to be general in their application.