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Time of choosing electors and

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, when they shall and the day on which they shall give their votes; which day shall be the same throughout the United States.

vote.

Qualifications of president.

Provisions for cases of vacan

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 cy in that office. 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.

President's compensation.

His oath.

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 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 II.

President to be commander-in

chief.

the opinion of

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, May require when called into the actual service of the United States. He may the heads of de- require the opinion, in writing, of the principal officer in each of the executive departments upon any subject, relating to the Reprieves and 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.

partments.

pardons.

Of treaties and

2. He shall have power, by and with the advice and consent of foreign inter- the senate, to make treaties, provided two thirds of the senators

course.

present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public Appointment of public officers. ministers and consuls, judges of the supreme court and all other 2 Brockenb. C. officers of the United States, whose appointments are not herein C. R. 96. 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.

the recess of

3. The president shall have power to fill up all vacancies, that of vacancies in may happen during the recess of the senate, by granting commis- the senate. sions, which shall expire at the end of their next session.

SECTION III.

and duties.

1. He shall from time to time give to the congress information of Further powers 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 IV.

officers of the

1. The president, vice president and all civil officers of the United of removal of States shall be removed from office on impeachment for, and con- U. S. by imviction of, treason, bribery, or other high crimes and misdemeanors. peachment.

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how vested.

1. The judicial power of the United States shall be vested in one Judicial power, supreme court, and in such inferior courts as the congress may, from time to time, ordain and establish. The judges, both of the supreme Tenure of ofand inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which Compensation. shall not be diminished during their continuance in office.

SECTION II.

fice.

Extent of the judicial power. Wheat. 304. 1

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 6 Peters 515. cases affecting ambassadors, other public ministers and consuls; to 5 Cranch 61. all cases of admiralty and maritime jurisdiction; to controversies to 2 Gall. C. C. R. which the United States shall be a party; to controversies between 3 Wheat. 336. two or more states, between a state and citizens of another state, See amendment

398, 474, 5.

9 Wheat. 738.

11.

Original and appellate jurisdiction of the su

preme court. 5 Peters 1.

Of trial by jury.

Where to be

held.

Definition of treason and

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 a 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 trials 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 III.

1. Treason against the United States shall consist only in levying mode of proof. 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.

Its punishment.

Mutual credit

to be given to the public acts

of the states. Mode of authenticating.

7 Cranch 481. 17 Mass. 521. 9 Mass. 462.

1 Caines 460. 1 Fairf. 278.

Reciprocal right of citizenship.

6 Pick. 89.

Fugitives from justice.

Fugitives from service or labor,

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 II.

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 labor in one state, under the required under laws thereof, escaping into another, shall, in consequence of any tain states, to law or regulation therein, be discharged from such service or labor; be delivered up.

the laws of cer

but shall be delivered up on claim of the party, to whom such 1 Wash. C. C. service or labor may be due.

SECTION III.

R. 499. 2 Pick. 11.

new states.

1. New states may be admitted by the congress into this Union; Admission of 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.

gress as to the other property

2. The congress shall have power to dispose of, and make all Power of conneedful rules and regulations, respecting the territory or other territory and property belonging to the United States; and nothing in this con- of the U. S. stitution shall be so construed, as to prejudice any claims of the 1 Peters 511, United States, or of any particular state.

SECTION IV.

546.

protect the sev

The United States shall guarantee to every state in the Union a obligation of republican form of government; and shall protect each of them the U. States to against invasion; and on application of the legislature, or of the eral states. executive (when the legislature cannot be convened,) against domestic violence.

ARTICLE V.

The congress, whenever two thirds of both houses shall deem it How the constitution may be necessary, shall propose amendments to this constitution; or, on the amended. 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 Proviso. 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.

confederation

1. All debts contracted, and engagements entered into, before Debts under the the adoption of this constitution, shall be as valid against the United assumed by the States under this constitution, as under the confederation.

U. States.

U. States' con

laws.

2. This constitution and the laws of the United States which Supremacy of shall be made in pursuance thereof, and all treaties made, or which stitution and 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

4 Wheat. 316.

Peters C. C. R.

390.

1 Wash. C. C. bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding.

R. 322.

6 Peters 515.

Oath required

cers.

3. The senators and representatives before mentioned, and the of public offi- 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.

No religious

test.

Ratification of

this constitu

tion.

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.

NOTE. The foregoing constitution was by the votes of nine states represented in congress, on the thirteenth day of September, one thousand seven hundred and eighty-eight, declared to have been ratified in the manner therein prescribed; and the first Wednesday of March then next was designated as the time for commencing proceedings under the

same.

Religious freedom, and the rights of speech, the press and petition.

Right to bear

arms.

Restrictions on quartering troops.

Restrictions on search and seizure.

AMENDMENTS TO THE CONSTITUTION

Adopted in pursuance of the fifth article of the original constitution. ART. 1. 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.

ART. 2. 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.

but

ART. 3. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of in a manner to be prescribed by law.

war,

ART. 4. 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.

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