Say^DISH^Shin Act Of Nineteen Eighteen!!!

Twenty-Five Landmark Cases in Supreme Court History

(Preamble) 

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 (Article 1 - Legislative)

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 actualEnumeration 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 onefor 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 Carolinafive, 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 forsix 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 thesecond 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 chusingSenators.

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 theConcurrence 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 ofone 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 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, byCession 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 Powersvested 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 (Article 2 - Executive)

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 offour 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 andDuties of the said Office,⁹ the Same shall devolve on the VicePresident, 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 otherEmolument 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 (Article 3 - Judicial)

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 goodBehaviour, 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 haveappellateJurisdiction, 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 (Article 4 - States' Relations)

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 theJurisdiction 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 (Article 5 - Mode of Amendment)

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 ofthree 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 (Article 6 - Prior Debts, National Supremacy, Oaths of Office)

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 (Article 7 - Ratification)

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

The Word "the", being interlined between the seventh and eight Lines of the first Page, The Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page. The Words "is tried" being interlined between the thirty second and thirty thirdLines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.

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,

AttestWilliam JacksonSecretary

Go: Washington -Presidt. and deputy from Virginia  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 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

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Letter of Transmittal

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In Convention. Monday September 17th 1787.
Present
The States of

New Hampshire, Massachusetts, Connecticut, Mr. Hamilton from New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia.

Resolved, That the preceeding Constitution be laid before the United States in Congress assembled, and that it is the Opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the People thereof, under the Recommendation of its Legislature, for their Assent and Ratification; and that each Convention assenting to, and ratifying the Same, should give Notice thereof to the United States in Congress assembled. Resolved, That it is the Opinion of this Convention, that as soon as the Conventions of nine States shall have ratified this Constitution, the United States in Congress assembled should fix a Day on which Electors should be appointed by the States which shall have ratified the same, and a Day on which the Electors should assemble to vote for the President, and the Time and Place for commencing Proceedings under this Constitution.
That after such Publication the Electors should be appointed, and the Senators and Representatives elected: That the Electors should meet on the Day fixed for the Election of the President, and should transmit their Votes certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States in Congress assembled, that the Senators and Representatives should convene at the Time and Place assigned; that the Senators should appoint a President of the Senate, for the sole Purpose of receiving, opening and counting the Votes for President; and, that after he shall be chosen, the Congress, together with the President, should, without Delay, proceed to execute this Constitution.

	By the unanimous Order of the Convention
W. Jackson  Secretary.	Go: Washington -Presidt.

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Letter of Transmittal to the President of Congress

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In Convention.  Monday September 17th 1787.

SIR:

We have now the honor to submit to the consideration of the United States in Congress assembled, that Constitution which has appeared to us the most advisable.

The friends of our country have long seen and desired that the power of making war, peace, and treaties, that of levying money, and regulating commerce, and the correspondent executive and judicial authorities, should be fully and effectually vested in the General Government of the Union; but the impropriety of delegating such extensive trust to one body of men is evident: hence results the necessity of a different organization.

It is obviously impracticable in the Federal Government of these States to secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstance, as on the object to be obtained. It is at all times difficult to draw with precision the line between those rights which must be surrendered, and those which may be preserved; and, on the present occasion, this difficulty was increased by a difference among the several States as to their situation, extent, habits, and particular interests.

In all our deliberations on this subject, we kept steadily in our view that which appears to us the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety—perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each State in the Convention to be less rigid on points of inferior magnitude than might have been otherwise expected; and thus, the Constitution which we now present is the result of a spirit of amity, and of that mutual deference and concession, which the peculiarity of our political situation rendered indispensable.

That it will meet the full and entire approbation of every State is not, perhaps, to be expected; but each will, doubtless, consider, that had her interest alone been consulted, the consequences might have been particularly disagreeable or injurious to others; that it is liable to as few exceptions as could reasonably have been expected, we hope and believe; that it may promote the lasting welfare of that Country so dear to us all, and secure her freedom and happiness, is our most ardent wish.

    With great respect,
    we have the honor to be,
        SIR,
      your excellency's most obedient and humble servants:
    GEORGE WASHINGTON, President.
  By the unanimous order of the convention.

His Excellency
  the President of Congress.

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Amendments to the Constitution

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(The procedure for changing the United States Constitution is Article V - Mode of Amendment)

(The Preamble to The Bill of Rights)

Congress OF THE United States

begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.¹²

(Articles I through X are known as the Bill of Rights)   ^ratified

-

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.

-

Article the second. ....  No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened. ^{see Amendment XXVII}

Article [I] (Amendment 1 - Freedom of expression and religion) 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 aredress of grievances.

Article [II] (Amendment 2 - Bearing Arms)

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] (Amendment 3 - Quartering Soldiers)

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] (Amendment 4 - Search and Seizure)

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] (Amendment 5 - Rights of Persons)

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] (Amendment 6 - Rights of Accused in Criminal Prosecutions)

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] (Amendment 7 - Civil Trials)

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] (Amendment 8 - Further Guarantees in Criminal Cases)

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article [IX] (Amendment 9 - Unenumerated Rights)

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article [X] (Amendment 10 - Reserved Powers)

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.

Attest, John Beckley, Clerk of the House of Representatives. Sam. A. Otis  Secretary of the Senate.

Frederick Augustus Muhlenberg  Speaker of the House of Representatives. John Adams, Vice-President of the United States, and President of the Senate.

(end of the Bill of Rights)

[Article XI] (Amendment 11 - Suits Against States)

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.   ^{ratified #11  affects 10}

[Article XII] (Amendment 12 - Election of President)

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.  ^{ratified #12   affects 8}

Article XIII (Amendment 13 - Slavery and Involuntary Servitude)

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. ^affects 11

Congress shall have power to enforce this article by appropriate legislation.   ^{ratified #13}

Article XIV (Amendment 14 - Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection)

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 inhabitants of such State, being twenty-oneyears 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.   ^affects 2

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.

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.

5: The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.   ^{ratified #14}

Article XV (Amendment 15 - Rights of Citizens to Vote)

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.

The Congress shall have power to enforce this article by appropriate legislation.   ^{ratified #15}

Article XVI (Amendment 16 - Income Tax)

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionmentamong the several States, and without regard to any census or enumeration.   ^{ratified #16    affects 2}

[Article XVII] (Amendment 17 - Popular Election of Senators)

1: The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for sixyears; 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. ^affects 3

2: When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issuewrits 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. ^affects 4

3: 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.   ^{ratified #17}

Article [XVIII] (Amendment 18 - Prohibition of Intoxicating Liquors)¹⁶

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.

2: The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

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.   ^{ratified #18}

Article [XIX] (Amendment 19 - Women's Suffrage Rights)

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. ^affects 15

Congress shall have power to enforce this article by appropriate legislation.   ^{ratified #19}

Article [XX] (Amendment 20 - Terms of President, Vice President, Members of Congress: Presidential Vacancy)

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.   ^affects 5

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.   ^affects 5

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.   ^{affects 9    affects 14}

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.  ^affects 9

5: Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.

6: This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures ofthree-fourths of the several States within seven years from the date of its submission.   ^{ratified #20}

Article [XXI] (Amendment 21 - Repeal of Eighteenth Amendment)

1: The eighteenth article of amendment to the Constitution of the United States is hereby repealed. ^affects 16

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.

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.   ^{ratified #21}

Amendment XXII (Amendment 22 - Presidential Tenure)

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.

2: This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures ofthree-fourths of the several states within seven years from the date of its submission to the states by the Congress.    ^{ratified #22}

Amendment XXIII (Amendment 23 - Presidential Electors for the District of Columbia)

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.

2: The Congress shall have power to enforce this article by appropriate legislation.   ^{ratified #23}

Amendment XXIV (Amendment 24 - Abolition of the Poll Tax Qualification in Federal Elections)

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.

2. The Congress shall have power to enforce this article by appropriate legislation.   ^{ratified #24}

Amendment XXV  ^affects 9 (Amendment 25 - Presidential Vacancy, Disability, and Inability)

1: In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.

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.

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.

4: Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, withintwenty-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.   ^{ratified #25}

Amendment XXVI (Amendment 26 - Reduction of Voting Age Qualification)

1: The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age. ^affects 15

2: The Congress shall have the power to enforce this article by appropriate legislation.   ^{ratified #26}

Amendment XXVII (Amendment 27 - Congressional Pay Limitation)

No law varying the compensation for the services of the Senators and Representatives shall take effect until an election of Representatives shall have intervened.   ^{ratified #27}

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NOTES

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Note 1: This text of the Constitution follows the engrossed copy signed by Gen. Washington and the deputies from 12 States. The arabic numerals preceding the paragraphs designate Clauses, and were not printed (but are referred to) in the original and have no reference to footnotes that appear as small superior figures (superscripts). ^ratification

Note 2: The part of Article 1 Section 2 Clause 3 relating to the mode of apportionment of representatives among the several States has been affected by Amendment XIV Section 2, and as to taxes on incomes without apportionment by Amendment XVI.

Note 3: Article 1 Section 3 Clause 1 has been affected by Amendment XVII Section 1.

Note 4: Article 1 Section 3 Clause 2 has been affected by Amendment XVII Section 2.

Note 5: Article 1 Section 4 Clause 2 has been affected by Amendment XX.

Note 6: Article 1 Section 6 Clause 1 has been affected by Amendment XXVII.

Note 7: Article 1 Section 9 Clause 4 has been affected by Amendment XVI.

Note 8: Article 2 Section 1 Clause 3 has been superseded by Amendment XII.

Note 9: Article 2 Section 1 Clause 6 has been affected by Amendment XX and Amendment XXV.

Note 10: Article 3 Section 2 Clause 1 has been affected by Amendment XI.

Note 11: Article 4 Section 2 Clause 3 has been affected by Amendment XIII Section 1.

Note 12: The first ten amendments to the Constitution of the United States are known as the Bill of Rights

Note 13: The Bill of Rights only had ten of the twelve articles ratified and these were then renumbered. Of the others only the13th, 14th, 15th, and 16th articles of amendment had numbers assigned to them at the time of ratification.

Note 14: This sentence of Amendment XII has been superseded by Amendment XX Section 3.

Note 15: Article XIV Section 2 is modified by Amendment XIX Section 1 and Amendment XXVI Section 1.

Note 16: Amendment XVIII repealed by Amendment XXI Section 1.

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Dates

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• May 25, 1787: The Constitutional Convention opens with a quorum of seven states in Philadelphia to discuss revising the Articles of Confederation. Eventually all states but Rhode Island are represented.
• Sept. 17, 1787: All 12 state delegations approve the Constitution, 39 delegates sign it of the 42 present, and the Convention formally adjourns.
• June 21, 1788: The Constitution becomes effective for the ratifying states when New Hampshire is the ninth state to ratify it.
• Mar. 4, 1789: The first Congress under the Constitution convenes in New York City.
• Apr. 30, 1789: George Washington is inaugurated as the first President of the United States.
• June 8, 1789: James Madison introduces proposed Bill of Rights in the House of Representatives.
• Sept. 24, 1789: Congress establishes a Supreme Court, 13 district courts, three ad hoc circuit courts, and the position of Attorney General.
• Sept. 25, 1789: Congress approves 12 amendments and sends them to the states for ratification.
• Feb.  2, 1790: Supreme Court convenes for the first time after an unsuccessful attempt February 1.
• Dec. 15, 1791: Virginia ratifies the Bill of Rights, and 10 of the 12 proposed amendments become part of the U.S. Constitution.

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Spellings

skip to Vocabulary   up to Dates
Some words now have different spellings:

behaviour

- behavior

chuse

- choose

chusing

- choosing

controul

- control

defence

- defense

encreased

- increased

erazure

- erasure

labour

- labor

offences

- offenses

Punctuation, hyphenation and grammar usage have also changed.

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Vocabulary

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Also check the Government Printing Office's Ben's Guide for Kids

3d

- 3rd (third)

abridged

- shortened

adjourn

- suspend proceedings to another time

adjournment

- suspending proceedings to another time

appellate

- appeal (review decision)

appropriation

- authorize spending

apportioned

- distributed

apportionment

- distributing

attainted

- disgrace

Bill of Attainder

- legislative act pronouncing guilt without trial

capitation

- poll tax

cession

- grant

comity

- courteous recognition of laws and institutions of another (state)

commenced

- started

concur

- agree

concurrant

- at the same time

concurrence

- agreement

concurring

- in agreement

construed

- interpreted

Corruption of Blood

- punishment of person and heirs

counsel

- lawyer

declaratory

- explaining law or right

democracy

- this word is not in these documents directly, but “We the people” and “Republican Form of Government” are - most people say our form of government is a “Federal Democratic Republic”

devolved

- passed on or delegated to another

disparage

- belittle

duties

- job

duties

- charge (like a tax)

duty

- job

duty

- charge (like a tax)

Duty of Tonnage

- charge by weight

emolument

- power and/or pay

emoluments

- power and/or pay

engrossed

- final draft

enumeration

- count or list

ex post facto

- (latin)  after the fact

excises

- internal taxes

Habeas Corpus

- a writ in court for release of unlawful restraint - (latin)  produce body [of evidence]

imminent

- about to occur - do not confuse with eminent or immanent

impeachment

- formal accusation of wrongdoing

impeachments

- formal accusations of wrongdoing

imposts

- taxes or duties, that are imposed

indictment

- formal charges

jurisdiction

- right to control

Letters of Marque

- (grant right of piracy) - document issued by a nation allowing a private citizen to seize citizens or goods of another nation

magazines

- ammunition storerooms

ordain

- order

prescribed

- establish a rule

privileged

- rights given a group

pro tempore

- temporary - (latin)  for a time

posterity

- descendants

quartered

- housed

quartering

- housing

quorum

- minimum valid number of people

redress

- correct a wrong

repassed

- passed again

reprisal

- retaliation

republican

- representative and officers elected by citizens and responsible to them

suffrage

- vote

- voting

tranquility

- peace

treason

- betrayal of country

vessels

- ships

vested

- given the right

viz.

- abbreviation for (latin)  videlicet - namely (and when read aloud spoken as namely) from: The Columbia Guide to Standard American English

welfare

- well-being

writ

- order

writs

- orders

How to read Roman numerals:

• The upper case letter I represents the arabic 1.
• The upper case letter V represents the arabic 5.
• The upper case letter X represents the arabic 10.
• The upper case letter L represents the arabic 50. (not used in this document)
• The upper case letter C represents the arabic 100. (not used in this document)
• The upper case letter D represents the arabic 500. (not used in this document)
• The upper case letter M represents the arabic 1,000. (not used in this document)
• A bar placed over a letter or group of letters multiplies that value by 1,000. (not used in this document)
• If the letter to the right represents an equal or smaller value the numbers ADD. XXII is 22.
• If the letter to the right is a larger value then the numbers SUBTRACT. IV is 4. Only I is used with V or X, X with L or C, andC with D or M.
• There is no zero!
• Both C and M often still appear in commerce mixed with arabic therefore if someone orders a quantity of 5M, they want 5,000 not 5 million.
• A few more samples: XCV = 95, XIII = 13, XCIX = 99, XLIX = 49

If supported in the browser, hovering the cursor over the Roman number in this document will display the arabic equivalent for a short time.

Given (first) name abbreviations:

George

- G^o:

- Geo:

- Geo.

Jacob

- Jaco:

Daniel

- Dan

- Dan^l

William

- W^m

- W^m.

- Wil.

Richard

- Rich^d

John

- J.

Abraham

- Abr

Samuel

- Sam^l

- Sam.

Johnathan

- Jona:

Robert

- Rob^t

Thomas

- Tho^s

Gouverneur

- Gouv

Of course B Franklin is Benjamin Franklin, jun and Jr. are junior, and Presid^t. is President.

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See the following sources:

skip to How to use   up to Vocabulary

(Links open a new window - Not responsible for the content of any outside links)

• US Government archives - includes images of the documents and biographies of the signers
• Federalist Papers - these 85 essays may be the best source of what the framers of the constitution had in mind.
• White House - kid's page - same as the first one above at the government archives.
• Ben's Guide for Kids Spanish & French versions and some history
• Federal Citizen Information Center

Other versions (NOT used as source material, only listed for your further reference):

• The U.S. Constitution at Cornell Law School
• Exact-size reproduction of the first public printing of the U.S. Constitution as it appeared in the September 19, 1787 issue of the Pennsylvania Packet remember at this time often the letter s was often printed as letter that is very similar to f (Warn: pop-up ads)
• Lesson Plans at the Library of Congress

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How to use this version

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To bookmark this page right click (on Mac hold click) on: ConstitutionUS.com
Some features are browser dependent.

• Historic spellings, punctuation, hyphenation and grammar are retained. A spelling list is provide and in most browsers simply placing the cursor over the word will bring up the current spelling for a short time.
• Some words are not in everyday vocabulary. A vocabulary list is provide and in most browsers simply placing the cursorover the word or phrase will bring up an alternative for a short time.
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Common misspellings, typos and variations:
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Marbury v. Madison, 1803
“A law repugnant to the Constitution is void.”

With these words, Chief Justice John Marshall established the Supreme Court’s role in the new government. Hereafter, the Court was recognized as having the power to review all acts of Congress where constitutionality was at issue, and judge whether they abide by the Constitution.

McCulloch v. Maryland, 1819
“Let the end be legitimate … and all means which are … consistent with the letter and spirit of the Constitution, are constitutional .”

Chief Justice Marshall invoked this phrase to establish the right of Congress to pass laws that are “necessary and proper” to conduct the business of the U.S. government. Here, the court upheld Congress’ power to create a national bank.

Gibbons v. Ogden, 1824
When a federal and state law are in conflict, the federal law is supreme.

Congress and New York had both passed laws regulating the steamboat industry. Gibbons had a federal permit for a steamboat business; Ogden had a state permit for the same waters. Siding with Gibbons, the Court said that, in matters of interstate commerce, the “Supremacy Clause” tilts the balance of power in favor of federal legislation.

Charles River Bridge, 1837
The responsibility of government is to “sacredly guard” the rights of property for the prosperity of the community.

The Charles River Bridge was erected in 1785 by Harvard College and some prominent Bostonians under a legal charter granted by the state of Massachusetts. The legislature granted a charter to the Warren Bridge Company in 1828 because a new bridge was badly needed. It was to be free of tolls once construction costs were covered. The proprietors of the Charles River Bridge were afraid that the new bridge would destroy the value of their stock and tried to block the construction of the Warren Bridge. The case involved a conflict between established rights on one side and the rights of the community on the other. The Court ruled that it had not entered into a binding contract with the Charles River Bridge Company that would prohibit the building of a competitive bridge. Justice Roger B. Taney stated that the rights of property must be “sacredly guarded”, the community also has rights, and the responsibility of all government is to promote the happiness and prosperity of the community.

Dred Scott v. Sandford, 1857
“The Constitution does not consider slaves to be U.S. citizens. Rather, they are constitutionally protected property of their masters.”

Chief Justice Roger Taney authored this opinion— one of the most important and scorned in the nation’s history. Dred Scott, a slave, had moved with his master to Illinois, a free state. He moved again to a slave state, Missouri, and filed suit to gain freedom, under that state’s law of “Once free, always free.” Taney held that Scott had never been free at all, and cited Constitutional grounds for placing the slavery decision in the hands of the states. In trying to put an end to the slavery controversy, Taney instead sped the nation toward civil war. The decision was later overturned by the Thirteenth Amendment.

Munn v. Illinois, 1877
Businesses that serve the public interest are subject to regulation by state government.

The Illinois state legislature passed a law that established the maximum rates that private companies could charge in storing or transporting agricultural products. In Chicago the company of Munn and Scott was found guilty of breaking the law and the verdict was upheld on appeal before the Supreme Court. The appeal was heard along with seven other railroad cases that dealt with the violation of the regulatory legislation passed by the state of Illinois. The Court ruled that any business that served the public interest was subject to regulation by the state government. If the rates were not satisfactory according to the owners of the companies, the complaints should be taken to the legislature and not to the courts.

Plessy v. Ferguson, 1896
Jim Crow laws are constitutional under the doctrine of ‘Separate but Equal.’

Police arrested Homer Plessy for refusing to leave a railroad car that prohibited “colored” people. Under Louisiana law, Plessy was “colored” because he was one-eighth black. The Court ruled that the race-based “Jim Crow” laws did not violate the Constitution as long as the states proffered separate but equal treatment.

“The Constitution is color blind, and neither knows nor tolerates classes among citizens.” 
—Justice John Marshall Harlan,
from the lone dissenting opinion in Plessy v. Ferguson

Lochner v. New York, 1905
The Constitution bars a state from interfering with an employee’s right to contract with an employer.

The above reasoning led to the “Lochner Era”—thirty-two years of wrangling between the court and legislatures. Lochner’s bakery violated a New York labor law. The court struck down the law, saying that the 14th Amendment’s Due Process Clause barred states from regulating commerce in this manner. This clause, the Court said, implied that individuals have a fundamental right to contract with employers, and states cannot interfere with that right.

Schenck v. United States, 1919
Speech that presents a “clear and present danger” to the security of the United States is in violation of the principle of free speech as protected by the First Amendment to the Constitution.

During World War I (1918), Charles Schenck was the general secretary of the Socialist Party, and was arrested for distributing literature discouraging young men from enlisting in the armed forces. The basis for his opposition to the draft or enlistment was the first clause of the Thirteenth Amendment which prohibited slavery or involuntary servitude. Schenck appealed his conviction and the case went to the Supreme Court. Justice Oliver Wendell Holmes stated that “the character of every act depends upon the circumstances in which it is done. The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. [The] question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.” Distributing the literature during peace time would have been an entirely different matter, but in time of war Schenck’s actions, according to the Court, presented a “clear and present danger” to the security of the United States.

Near v. Minnesota, 1931
“The liberty of the press … is safeguarded from invasion by state action.”

Although the First Amendment ensures a free press, until this case, it only protected the press from federal laws, not state laws. Minnesota shut down J. M. Near’s Saturday Press for publishing vicious antisemitic and racist remarks. In what is regarded as the landmark free press decision, the Court ruled that a state cannot engage in “prior restraint”; that is, with rare exceptions, it cannot stop a person from publishing or expressing a thought.

West Coast Hotel v. Parrish, 1937
“The switch in time that saved nine.”

F. D. R. rallied against the Court’s holdings in the Lochner era. The Court struck down New Deal laws, designed to pull the country out of the Depression, on grounds that they interfered with a worker’s “right to contract.” F. D. R. pledged to expand the Court and pack it with pro “New Deal” members. In this case, the Court rejected the Lochner era decisions and said the government could regulate commerce.

Brown v. Board of Education, 1954
“In the field of public education, the doctrine of ‘separate but equal’ has no place.”

This unanimous decision marked the beginning of the end for the “Separate But Equal” era that started with Plessy, and the start of a new period of American race relations. With Brown, desegregation of public schools began—as did resistance to it. Ten contentious years later, the Civil Rights Act of 1964 made racial equality a matter of federal law.

Mapp v. Ohio, 1961
Evidence that is illegally obtained by the state may not be used against a defendant in court.

Until Mapp, only the federal government was barred from using illegally obtained evidence. So when local police entered Dolly Mapp’s home without a search warrant and arrested her for possessing obscene books, her conviction initially stood. The Court overturned her conviction, however, and extended the Constitutional rule to apply to the states and their subdivisions.

“I know it when I see it.”
—Justice Potter Stewart’s definition of obscenity
in Jacobellis v. Ohio, 1964

Baker v. Carr, 1962
“One person, one vote.”

The above phrase was not authored until a year after Baker, but it has its philosophical roots here. In this case, a group of Tennessee voters sued the state, claiming its voting districts diluted their political power. Until this point, the Court refused to decide this kind of case, leaving such “political questions” to the states. Baker, however, held that the states must meet a Constitutional standard for appointment: districts cannot be drawn in such a way that they violate the Equal Protection clause of the 14th Amendment.

Engel v. Vitale, 1962
Public institutions (i.e., a school system) cannot require prayer.

Lawrence Roth, an avowed atheist, objected that the Long Island, New York School System was forcing his two children to recite a 22 word prayer at the beginning of the day. There were actually four other parents involved in the suit against school board president William Vitale, Jr. The Supreme Court ruled that although the prayer was nonsectarian and noncompulsory, “it is no part the business of government to compose official prayers.” Because New York provided the prayer, it indirectly approved religion and that was unconstitutional.

Gideon v. Wainwright, 1963
Defendants in criminal cases have an absolute right to counsel.

Too poor to afford a lawyer, Clarence Earl Gideon was convicted for breaking into a poolroom—a felony crime in Florida. He appealed to the Supreme Court, which ruled that the government must provide free counsel to accused criminals who cannot pay for it themselves. At first, the ruling applied to felonies only. It was later extended to cover any cases where the penalty was six months imprisonment or longer.

New York Times Co. v. Sullivan, 1964
To win a libel case, public figures must prove “actual malice” on the part of the writer.

In 1964, the Times published an ad critical of an elected commissioner of an Alabama city. The commissioner sued for libel and won. The Supreme Court overturned that ruling, and said that, to ensure “uninhibited, robust and wide-open” debate about public figures, the law must protect writers from libel suits. Thus, unless the words are penned with “knowing falsity” or “reckless disregard for the truth,” a writer cannot be successfully sued by a public figure for libel.

Griswold v. Connecticut, 1965
The Constitution implies a right to privacy in matters of contraception between married people.

Estelle Griswold, the director of a Planned Parenthood clinic, broke an 1879 Connecticut law banning contraception. The Court struck down the law, making it a landmark case in which the Court read the Constitution to protect individual privacy. This was to be the foundation of further privacy rulings, including the right to privacy in matters of abortion.

Miranda v. Arizona, 1966
“You have the right to remain silent …”

After police questioning, Ernesto Miranda confessed to kidnapping and raping a woman. The Court struck down his conviction, on grounds that he was not informed of his 5th Amendment right against self-incrimination. Hereafter, the Miranda warnings have been a standard feature of arrest procedures.

Tinker v. Des Moines, 1969
School dress codes are not in violation of the First Amendment’s guarantee of the freedom of expression.

The Des Moines public school system made a rule stating that any student wearing an armband would be asked to remove it on the grounds that the wearing of such would cause a disturbance. If the student refused to comply, the consequence was suspension from school. Three public school students wore black armbands to express their opposition to the United States’ involvement in the Vietnam War. They refused to remove the armbands and were suspended. The parents of the students argued that the students’ actions were not interfering with the rights of the other students. The case was argued in 1968 and the ruling was “handed down” in 1969. The Court ruled that the wearing of armbands was “closely akin to ‘pure speech’”, and this was protected by the First Amendment to the Constitution. The rule banning armbands lacked the proper justification for enforcement. This ruling eventually had an effect on school dress codes in that the style of clothing one wears indicates an expression of that individual.

San Antonio Independent School District v. Rodriguez, 1973
The Constitution does not guarantee a fundamental right to education.

In 1968, a group of low-income parents sued San Antonio, claiming the city’s wealthy precincts had better schools. The Court upheld the districting plan, saying that the Constitution did not guarantee an education, and upholding this tenet: The Constitution does not compel government to provide services like education or welfare to the people. Rather, it places boundaries on government action.

Roe v. Wade, 1973
The Constitutionally implied right to privacy protects a woman’s choice in matters of abortion.

Norma McCorvey sought an abortion in Texas, but was denied under state law. The Court struck down that law, on grounds that it unconstitutionally restricted the woman’s right to choose. The opinion set forth guidelines for state abortion regulations; states could restrict a woman’s right to choose only in the later stages of the pregnancy. Later modified but not overruled, the decision stands as one of the Court’s most controversial.

United States v. Nixon, 1974
“Neither separation of powers, nor the need for confidentiality can sustain unqualified Presidential immunity from the judicial process.”

President Nixon sought precisely this type of immunity, rather than relinquishing the famous White House tapes during the Watergate scandal. The Court unanimously rejected his plea as an unconstitutional power play. The House began impeachment proceedings shortly thereafter, and two weeks after the ruling, Nixon resigned.

Texas v. Johnson, 1989
The Constitution protects desecration of the flag as a form of symbolic speech.

Johnson burned a flag in front of a Dallas building in 1984. He was convicted of violating a Texas law that made it a crime to intentionally desecrate a state or national flag. Justice Brennan wrote for a 5-to-4 majority that “Government may not prohibit the expression of an idea because society finds the idea itself offensive or disagreeable.”

Cruzan v. Missouri Dept. of Health, 1990
While the Constitution protects a person’s right to reject life-preserving medical treatment (their “right to die”), states can regulate that interest if the regulation is reasonable.

Nancy Cruzan lay in a permanent vegetative state as a result of injuries suffered in an auto accident. Her parents sought to withdraw life-sustaining treatment and allow her to die, claiming she’d said this would be her wish under such circumstances. The state refused, and the Supreme Court upheld the state’s guidelines for the continuation of medical treatment, which allowed withdrawal of treatment only with clear and convincing evidence that this is what the patient would have wanted. The Court said that, given the need to protect against abuses of such situations, the state can continue life support as long as its standards for doing so are reasonable.

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