[United States Senate Manual, 118th Congress]
[S. Doc. 118-1]
[Historical Documents]
[Pages 569-603]
[From the U.S. Government Publishing Office, www.gpo.gov]
[[Page 569]]
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CONSTITUTION OF THE UNITED STATES OF AMERICA
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1710.1 We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote the
general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish
this Constitution for the United States of America.
1711 ARTICLE I
1711.1 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.
1711.2 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.
1711.3 \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.
Note: The Constitution consists of sections and clauses.
While sections are numbered, clauses are designated by a
superscript to the left of a paragraph. Text set off by
brackets has been repealed, amended, or otherwise changed.
The part in Article 1, section 2, clause 3 relating to
apportionment of Representatives was repealed by section 1
of amendment XIV; the part relating to taxes on income
without apportionment was repealed by amendment XVI.
1711.4 \3\ [Representatives and direct Taxes shall be
apportioned among the several States which may be included
within this Union, according to their respective Numbers,
which shall be determined by adding to the whole Number of
free Persons, including those bound to Service for a Term of
Years, and excluding Indians not taxed, three fifths of all
other Persons.] The actual Enumeration shall be made within
three Years after the first Meeting of the Congress of the
United States, and within every subse
[[Page 570]]
quent Term of ten Years, in such Manner as they shall by Law
direct. The Number of Representatives shall not exceed one
for every thirty Thousand, but each State shall have at
Least one Representative; and until such enumeration shall
be made, the State of New Hampshire shall be entitled to
chuse three, Massachusetts eight, Rhode-Island and
Providence Plantations one, Connecticut five, New-York six,
New Jersey four, Pennsylvania eight, Delaware one, Maryland
six, Virginia ten, North Carolina five, South Carolina five,
and Georgia three.\1\
\1\ The Act of June 18, 1926 (46 Stat. 26), as amended
by the Act of Nov. 15, 1941 (55 Stat. 761), provides for
reapportionment of the existing number of Representatives
(435) among the States following each new census (see 2
U.S.C. 2a).
The part included in brackets in Article I, section 3,
clause 1 was changed by amendment XVII.
The part included in brackets in Article I, section 3,
clause 2 was changed by amendment XVII.
1711.5 \4\ When vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of
Election to fill such Vacancies.
1711.6 \5\ The House of Representatives shall chuse their
Speaker and other Officers; and shall have the sole Power of
Impeachment.
1711.7 \1\ Section 3. The Senate of the United States shall be
composed of two Senators from each State, [chosen by the
Legislature] thereof, for six Years; and each Senator shall
have one Vote.
1711.8 \2\ Immediately after they shall be assembled in
Consequence of the first Election, they shall be divided as
equally as may be into three Classes. The Seats of the
Senators of the first Class shall be vacated at the
Expiration of the Second Year, of the second Class at the
Expiration of the fourth Year, and of the third Class at the
Expiration of the sixth Year; so that one-third may be
chosen every second Year; [and if Vacancies happen by
Resignation, or otherwise, during the Recess of the
Legislature of any State, the Executive thereof may make
temporary Appointments until the next Meeting of the
Legislature, which shall then fill such Vacancies].
1711.9 \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.
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1711.10 \4\ The Vice President of the United States shall be
President of the Senate, but shall have no Vote, unless they
be equally divided.
1711.11 \5\ The Senate shall choose their other Officers, and
also a President pro tempore, in the absence of the Vice
President, or when he shall exercise the Office of President
of the United States.
1711.12 \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.
1711.13 \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.
1711.14 Section 4. \1\ The Time, Places and Manner of holding
Elections for Senators and Representatives, shall be
prescribed in each State by the Legislature thereof; but the
Congress may at any time by Law make or alter such
Regulations, except as to the Places of choosing Senators.
1711.15 \2\ [The Congress shall assemble at least once in every
Year, and such Meeting shall be on the first Monday in
December, unless they shall by Law appoint a different Day.]
The part included in brackets in Article I, section 4,
clause 2 was superseded by section 2 of amendment XX.
1711.16 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.
1711.17 \2\ Each House may determine the Rules of its
Proceedings, punish its Members for disorderly Behavior,
and, with the Concurrence of two thirds, expel a Member.
1711.18 \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
[[Page 572]]
Yeas and Nays of the Members of either House on any question
shall, at the Desire of one fifth of those Present be
entered on the Journal.
1711.19 \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.
1711.20 Section 6. \1\ The Senators and Representatives shall
receive a Compensation for their Services, to be ascertained
by Law, and paid out of the Treasury of the United States.
They shall in all Cases, except Treason, Felony and Breach
of the Peace, be privileged from Arrest during their
Attendance at the Session of their respective Houses, and in
going to and returning from the same; and for any Speech or
Debate in either House, they shall not be questioned in any
other Place.
1711.21 \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.
1711.22 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.
1711.23 \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
[[Page 573]]
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.
1711.24 \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.
1711.25 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 Defense and general Welfare of
the United States; but all Duties, Imposts and Excises shall
be uniform throughout the United States;
1711.26 \2\ To borrow money on the credit of the United States;
1711.27 \3\ To regulate Commerce with foreign Nations, and among
the several States, and with the Indian Tribes;
1711.28 \4\ To establish an uniform Rule of Naturalization, and
uniform Laws on the subject of Bankruptcies throughout the
United States;
1711.29 \5\ To coin Money, regulate the Value thereof, and of
foreign Coin, and fix the Standard of Weights and Measures;
1711.30 \6\ To provide for the Punishment of counterfeiting the
Securities and current Coin of the United States;
1711.31 \7\ To establish Post Offices and post Roads;
1711.32 \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;
1711.33 \9\ To constitute Tribunals inferior to the supreme
Court;
1711.34 \10\ To define and punish Piracies and Felonies
committed on the high Seas, and Offenses against the Law of
Nations;
1711.35 \11\ To declare War, grant Letters of Marque and
Reprisal and make Rules concerning Captures on Land and
Water;
1711.36 \12\ To raise and support Armies, but no Appropriation
of Money to that Use shall be for a longer Term than two
Years;
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1711.37 \13\ To provide and maintain a Navy;
1711.38 \14\ To make Rules for the Government and Regulation of
the land and naval Forces;
1711.39 \15\ To provide for calling forth the Militia to
execute the Laws of the Union, suppress Insurrections and
repel Invasions;
1711.40 \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;
1711.41 \17\ To exercise exclusive Legislation in all Cases
whatsoever, over such District (not exceeding ten Miles
square) as may, by Cession of particular States, and the
acceptance of Congress, become the Seat of the Government of
the United States, and to exercise like Authority over all
Places purchased by the Consent of the Legislature of the
State in which the Same shall be, for the Erection of Forts,
Magazines, Arsenals, dock-Yards, and other needful
Buildings;--And
1711.42 \18\ To make all Laws which shall be necessary and
proper for carrying into Execution the foregoing Powers, and
all other Powers vested by this Constitution in the
Government of the United States, or in any Department or
Officer thereof.
1711.43 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.
1711.44 \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.
1711.45 \3\ No Bill of Attainder or ex post facto Law shall be
passed.
1711.46 \4\ No capitation, or other direct, Tax shall be laid,
unless in Proportion to the Census or Enumeration herein
before directed to be taken. \2\
\2\ See also amendment XVI.
[[Page 575]]
1711.47 \5\ No Tax or Duty shall be laid on Articles exported
from any State.
1711.48 \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.
1711.49 \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.
1711.50 \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.
1711.51 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.
1711.52 \2\ No State shall, without the Consent of the Congress,
lay any Imposts or Duties on Imports or Exports, except what
may be absolutely necessary for executing its inspection
Laws: and the net Produce of all Duties and Imposts, laid by
any State on Imports or Exports, shall be for the Use of the
Treasury of the United States; and all such Laws shall be
subject to the Revision and Control of the Congress.
1711.53 \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.
1712
ARTICLE II
1712.1 Section 1. \1\ The executive Power shall be vested in a
President of the United States of America. He shall
[[Page 576]]
hold his Office during the Term of four years, \3\ and,
together with the Vice-President, chosen for the same Term,
be elected, as follows:
\3\See also amendment XXII.
1712.2 \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.
1712.3 [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.]
The part in Article II, section 1, clause 2 included in
brackets was superseded by amendment XII.
1712.4 \3\ The Congress may determine the Time of chusing the
Electors, and the Day on which they shall give their
[[Page 577]]
Votes; which Day shall be the same throughout the United
States.
1712.5 \4\ 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.
1712.6 \5\ In case of the Removal of the President from Office,
or of his Death, resignation, or Inability to discharge the
Powers and Duties of the said Office,\4\ 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.
\4\ See also amendment XXV.
1712.7 \6\ The President shall, at stated Times, receive for
his Services, a Compensation, which shall neither be
encreased nor diminished during the Period for which he
shall have been elected, and he shall not receive within
that Period any other Emolument from the United States, or
any of them.
1712.8 \7\ Before he enter on the Execution of his Office, he
shall take the following Oath or Affirmation:--``I do
solemly 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.''
1712.9 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 Offenses against the United
States, except in Cases of Impeachment.
1712.10 \2\ He shall have Power, by and with the Advice and
Consent of the Senate, to make Treaties, provided two-
[[Page 578]]
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.
1712.11 \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.
1712.12 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.
1712.13 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.
1713 ARTICLE III
1713.1 Section 1. The judicial Power of the United States,
shall be vested in one supreme Court, and in such inferior
Courts as the Congress may from time to time ordain and
establish. The Judges, both of the supreme and inferior
Courts, shall hold their offices during good Behaviour, and
shall, at stated Times, receive for their Services a
Compensation which shall not be diminished during their
Continuance in Office.
1713.2 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
[[Page 579]]
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;--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.
1713.3 \2\ In all Cases affecting Ambassadors, other public
Ministers and Consuls, and those in which a State shall be
Party, the supreme Court shall have original Jurisdiction.
In all the other Cases before mentioned, the supreme Court
shall have appellate Jurisdiction, both as to Law and Fact,
with such Exceptions, and under such Regulations as the
Congress shall make.
1713.4 \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.
1713.5 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.
1713.6 \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.
1714 ARTICLE IV
1714.1 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.
1714.2 Section 2. \1\ The Citizens of each State shall be
entitled to all Privileges and Immunities of Citizens in the
several States.
[[Page 580]]
1714.3 \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.
1714.4 \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.]
The part included in brackets in Article IV, section 2,
clause 3 was superseded by amendment XIII.
1714.5 Section 3. \1\ New States may be admitted by the
Congress into this Union; but no new State shall be formed
or erected within the Jurisdiction of any other State; nor
any State be formed by the Junction of two or more States,
or parts of States, without the Consent of the Legislatures
of the States concerned as well as of the Congress.
1714.6 \2\ The Congress shall have Power to dispose of and make
all needful Rules and Regulations respecting the Territory
of 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.
1714.7 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
1715 The Congress, whenever two-thirds of both Houses shall
deem it necessary, shall propose Amendments to this
Constitution, or, on the Application of the Legislatures of
two-thirds of the several States, shall call a Convention
for proposing Amendments, which, in either Case, shall be
valid to all Intents and Purposes, as part of this
Constitution, when ratified by the Legislatures of three-
fourths of the several States, or by Conventions in three-
fourths thereof, as the one or the other Mode of
Ratification may be proposed by the Congress; Provided that
no
[[Page 581]]
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.
1716 ARTICLE VI
1716.1 \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.
1716.2 \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 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.
1716.3 \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.
1717 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.
1718 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 here unto subscribed
our Names,
Go. WASHINGTON--
Presidt. and deputy from Virginia.
New Hampshire
John Langdon,
Nicholas Gilman.
[[Page 582]]
Massachusetts
Nathaniel Gorham,
Rufus King.
Connecticut
Wm. Saml. Johnson,
Roger Sherman.
New York
Alexander Hamiltion.
New Jersey
Wil: Livingston,
David Brearley,
Wm. Paterson,
Jona. Dayton.
Pennsylvania
B. Franklin,
Robt. Morris,
Tho: Fitzsimons,
James Wilson,
Thomas Mifflin,
Geo: Clymer,
Jared Ingersoll,
Gouv: Morris.
Delaware
Geo: Read,
John Dickinson,
Jaco: Broom,
Gunning Bedford, Jun'r,
Richard Bassett.
Maryland
James M'Henry,
Danl Carroll,
Dan: of St. Thos. Jenifer.
Virginia
John Blair,
James Madison, Jr.
North Carolina
Wm. Blount,
Hu. Williamson,
Rich'd Dobbs Spaight.
South Carolina
J. Rutledge,
Charles Pinckney,
Charles Cotesworth
Pinckney,
Pierce Butler.
[[Page 583]]
Georgia
William Few,
Attest:
Abr. Baldwin.
William Jackson, Secretary.
constitution of the united states
[[Page 585]]
[1720]
____________________________________________________________
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
____________________________________________________________
1721 AMENDMENT I \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.
\1\The first 10 amendments were proposed by Congress on
September 25, 1789, when they passed the Senate [1 Ann.
Cong. (1st Cong., 1st sess.) 90], having previously passed
the House on September 24, 1789 [Id., 948]. They appear
officially in 1 Stat. 97 and were proposed to the
legislatures of the several States by the First Congress on
September 25, 1789. The first 10 amendments were ratified by
the following States on the following dates: New Jersey,
November 20, 1789; Maryland, December 19, 1789; North
Carolina, December 22, 1789; South Carolina, January 19,
1790; New Hampshire, January 25, 1790; Delaware, January 28,
1790; New York, February 27, 1790; Pennsylvania, March 10,
1790; Rhode Island, June 7, 1790; Vermont, November 3, 1791;
Virginia, December 15, 1791; Massachusetts, March 2, 1939;
Georgia, March 18, 1939; Connecticut, April 19, 1939.
In Dillon v. Gloss, 256 U.S. 368 [1921], the Supreme
Court stated that it would take judicial notice of the date
on which a State ratified a proposed constitutional
amendment. Accordingly, the Court consulted the State
journals to determine the dates on which each house of the
legislature of certain States ratified the Eighteenth
amendment. It, therefore, follows that the date on which the
governor approved the ratification, or the date on which the
secretary of state of a given State certified the
ratification, or the date on which the Secretary of State of
the United States received a copy of said certificate, or
the date on which he proclaimed that the amendment had been
ratified are not controlling. Hence, the ratification date
given on the following pages is the date on which the
legislature of a given State approved the particular
amendment (signature by the speaker or presiding officers of
both houses being considered a part of the ratification of
the ``legislature''). When that date is not available, the
date given is that on which it was approved by the governor
or certified by the secretary of state of the particular
State. In each case such fact has been noted. Information as
to ratification is based on data supplied by the Department
of State and the General Services Administration.
1722 AMENDMENT II
A well regulated Militia, being necessary to the
security of a free State, the right of the people to keep
and bear Arms, shall not be infringed.
[[Page 586]]
1723 AMENDMENT III
No Soldier shall, in time of peace be quartered in any
house, without the consent of the Owner, nor in time of war,
but in a manner to be prescribed by law.
1724 AMENDMENT IV
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
1725 AMENDMENT V
No person shall be held to answer for a capital, or
other wise 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 offenses 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.
1726 AMENDMENT VI
In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an impartial jury
of the State and district wherein the crime shall have been
committed, which district shall have been previously
ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining
witnesses in his favor, and to have the Assistance of
Counsel for his defence.
1727 AMENDMENT VII
In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by a jury, shall be
other
[[Page 587]]
wise reexamined in any Court of the United States, than
according to the rules of the common law.
1728 AMENDMENT VIII
Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
1729 AMENDMENT IX
The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained
by the people.
1730 AMENDMENT X
The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.
1731 AMENDMENT XI \2\
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.
\2\The eleventh amendment was proposed by Congress on
March 4, 1794, when it passed the House [4 Ann. Cong. (3d
Cong., 1st sess.) 477, 478], having previously passed the
Senate on January 14 [Id., 30, 31]. It appears officially in
1 Stat. 402. Ratification was completed on February 7, 1795,
when the twelfth State (North Carolina) approved the
amendment, there being then 15 States in the Union. Official
announcement of ratification was not made until January 8,
1798, when President John Adams in a message to Congress
stated that the eleventh amendment had been adopted by
three-fourths of the States and that it ``may now be deemed
to be part of the Constitution'' [1 Mess. and Papers of
Pres. 250]. In the interim South Carolina had ratified, and
Tennessee had been admitted into the Union as the sixteenth
State.
The eleventh amendment was ratified by the several State
legislatures on the following dates: New York, March 27,
1794; Rhode Island, March 31, 1794; Connecticut, May 8,
1794; New Hampshire, June 16, 1794; Massachusetts, June 26,
1794; Vermont, between October 9 and November 9, 1794;
Virginia, November 18, 1794; Georgia, November 29, 1794;
Kentucky, December 7, 1794; Maryland, December 26, 1794;
Delaware, January 23, 1795; North Carolina, February 7,
1795; South Carolina, December 4, 1797 [State Department,
Press Releases, vol. XII, p. 247 (1935)].
1732 AMENDMENT XII \3\
AMENDMENT XII
The electors shall meet in their respective states, and
vote by ballot for President and Vice-President, one of
The part included in brackets in amendment XII was
superseded by section 3 of amendment XX.
\3\The twelfth amendment was proposed by Congress on
December 9, 1803, when it passed the House [13 Ann. Cong.
(8th Cong., 1st sess.) 775, 776], having previously passed
the Senate on December 2 [Id., 209]. It was not signed by
the presiding officers of the House and Senate until
December 12. It appears officially in 2 Stat. 306.
Ratification was probably completed on June 15, 1804, when
the legislature of the thirteenth State (New Hampshire)
approved the amendment, there being then 17 States in the
Union. The Governor of New Hampshire, however, vetoed this
act of the legislature on June 20, and the act failed to
pass again by two-thirds vote then required by the State
constitution. In as much as Article V of the Federal
Constitution specifies that amendments shall become
effective ``when ratified by the legislatures of three-
fourths of the several States or by conventions in three-
fourths thereof,'' it has been generally believed that an
approval or veto by a Governor is without significance. If
the ratification by New Hampshire be deemed ineffective,
then the amendment became operative by Tennessee's
ratification on July 27, 1804. On September 25, 1804, in a
circular letter to the Governors of the several States,
Secretary of State Madison declared the amendment ratified
by three-fourths of the States.
The twelfth amendment was ratified by the several State
legislatures on the following dates: North Carolina,
December 22, 1803; Maryland, December 24, 1803; Kentucky,
December 27, 1803; Ohio, between December 5 and December 30,
1803; Pennsylvania, January 5, 1804; Vermont, January 30,
1804; Virginia, between December 20, 1803 and February 3,
1804; New York, February 10, 1804; New Jersey, February 22,
1804; Rhode Island, between February 27 and March 12, 1804;
South Carolina, May 15, 1804; Georgia, May 19, 1804; New
Hampshire, June 15, 1804; Tennessee, July 27, 1804. The
amendment was rejected by Delaware on January 18, 1804; and
by Connecticut at its session begun May 10, 1804;
Massachusetts ratified this amendment in 1961 (after having
rejected it on February 3, 1804).
[[Page 588]]
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
[[Page 589]]
choice shall devolve upon them, before the fourth day of
March next following, then the Vice-President shall act as
President, as in the case of the death or other
constitutional disability of the President.]--The person
having the greatest number of votes as Vice-President, shall
be the Vice-President, if such number be a majority of the
whole number of Electors appointed, and if no person have a
majority, then from the two highest numbers on the list, the
Senate shall choose the Vice-President; a quorum for the
purpose shall consist of two-thirds of the whole number of
Senators, and a majority of the whole number shall be
necessary to a choice. But no person constitutionally
ineligible to the office of President shall be eligible to
that of Vice-President of the United States.
1733 AMENDMENT XIII \4\
1733.1 Section 1. Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the party shall
have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.
\4\The thirteenth amendment was proposed by Congress on
January 31, 1865, when it passed the House [Cong. Globe
(38th Cong., 2d sess.) 531], having previously passed the
Senate on April 8, 1864 [Id. (38th cong., 1st sess.) 1490].
It appears officially in 13 Stat. 567 under date of February
1, 1865. Ratification was completed on December 6, 1865,
when the legislature of the twenty-seventh State (Georgia)
approved the amendment, there being then 36 States in the
Union. On December 18, 1865, Secretary of State Seward
certified that the thirteenth amendment had become a part of
the Constitution [13 Stat. 774].
The thirteenth amendment was ratified by the several
State legislatures on the following dates: Illinois,
February 1, 1865; Rhode Island, February 2, 1865; Michigan,
February 2, 1865; Maryland, February 3, 1865; New York,
February 3, 1865; West Virginia, February 3, 1865; Missouri,
February 6, 1865; Maine, February 7, 1865; Kansas, February
7, 1865; Massachusetts, February 7, 1865; Pennsylvania,
February 8, 1865; Virginia, February 9, 1865; Ohio, February
10, 1865; Louisiana, February 15 or 16, 1865; Indiana,
February 16, 1865; Nevada, February 16, 1865; Minnesota,
February 23, 1865; Wisconsin, February 24, 1865; Vermont,
March 9, 1865 (date on which it was ``approved'' by
Governor); Tennessee, April 7, 1865; Arkansas, April 14,
1865; Connecticut, May 4, 1865; New Hampshire, June 30,
1865; South Carolina, November 13, 1865; Alabama, December
2, 1865 (date on which it was ``approved'' by Provisional
Governor); North Carolina, December 4, 1865; Georgia,
December 6, 1865; Oregon, December 11, 1865; California,
December 15, 1865; Florida, December 28, 1865 (Florida again
ratified this amendment on June 9, 1868, upon its adoption
of a new constitution); Iowa, January 17, 1866; New Jersey,
January 23, 1866 (after having rejected the amendment on
March 16, 1865); Texas, February 17, 1870; Delaware,
February 12, 1901 (after having rejected the amendment on
February 8, 1865); Kentucky, March 18, 1976 (after having
rejected the amendment on February 24, 1865). The amendment
was rejected by Mississippi on December 2, 1865.
A ``thirteenth amendment'' depriving of United States
citizenship any citizen who should accept any title, office,
or emolument from a foreign power, was proposed by Congress
on May 1, 1810, when it passed the House [21 Ann. Cong.
(11th Cong., 2d sess.) 2050], having previously passed the
Senate on April 27 [20 Ann. Cong. (11th Cong., 2d sess.)
672]. It appears officially in 2 Stat. 613. It failed of
adoption, being ratified by but 12 States up to December 10,
1812 [2 Miscell. Amer. State Papers, 477-479; 2 Doc. Hist.
Const. 454-499], there then being 18 in all.
Another ``thirteenth amendment'', forbidding any future
amendment that should empower Congress to interfere with the
domestic institution of any State, was proposed by Congress
on March 2, 1861, when it passed the Senate [Cong. Globe
(36th Cong., 2d sess.) 1403], having previously passed the
House on February 28 [Id., 1285]. It appears officially in
12 Stat. 2512. It failed of adoption, being ratified by but
three States: Ohio, May 13, 1861 [58 Laws Ohio 190];
Maryland, January 10, 1862 [Laws Maryland (1861-62) 21];
Illinois, February 14, 1862 [2 Doc. Hist. Const., 518]
irregular, because by convention instead of by legislature
as authorized by Congress.
[[Page 590]]
1733.2 Section 2. Congress shall have power to enforce this
article by appropriate legislation.
1734 AMENDMENT XIV
AMENDMENT XIV \5\
1734.1 Section 1. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are
[[Page 591]]
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.
\5\The fourteenth amendment was proposed by Congress on
June 13, 1866, when it passed the House [Cong. Globe (39th
Cong., 1st sess.) 3148, 3149], having previously passed the
Senate on June 8 [Id., 3042]. It appears officially in 14
Stat. 358 under date of June 16, 1866. Ratification was
probably completed on July 9, 1868, when the legislature of
the twenty-eighth State (South Carolina or Louisiana)
approved the amendment, there being then 37 States in the
Union. However, Ohio and New Jersey had prior to that date
``withdrawn'' their earlier assent to this amendment.
Accordingly, Secretary of State Seward on July 20, 1868,
certified that the amendment had become a part of the
Constitution if the said withdrawals were ineffective [15
Stat. 706-707]. Congress at once (July 21, 1868) passed a
joint resolution declaring the amendment a part of the
Constitution and directing the Secretary to promulgate it as
such. On July 28, 1868, Secretary Seward certified without
reservation that the amendment was a part of the
Constitution. In the interim, two other States, Alabama on
July 13 and Georgia on July 21, 1868, had added their
ratifications.
The fourteenth amendment was ratified by the several
State legislatures on the following dates: Connecticut, June
30, 1866; New Hampshire, July 7, 1866; Tennessee, July 19,
1866; New Jersey, September 11, 1866 (the New Jersey
Legislature on February 20, 1868, ``withdrew'' its consent
to the ratification; the Governor vetoed that bill on March
5, 1868, and it was repassed over his veto on March 24,
1868; and on Nov. 12, 1980, the Legislature expressed
support for the amendment); Oregon, September 19, 1866
(Oregon ``withdrew'' its consent on October 15, 1868);
Vermont, October 30, 1866; New York, January 10, 1867; Ohio,
January 11, 1867 (Ohio ``withdrew'' its consent on January
15, 1868); Illinois, January 15, 1867; West Virginia,
January 16, 1867; Michigan, January 16, 1867; Kansas,
January 17, 1867; Minnesota, January 17, 1867; Maine,
January 19, 1867; Nevada, January 22, 1867; Indiana, January
23, 1867; Missouri, January 26, 1867 (date on which it was
certified by the Missouri secretary of state); Rhode Island,
February 7, 1867; Pennsylvania, February 12, 1867;
Wisconsin, February 13, 1867 (actually passed February 7,
but not signed by legislative officers until February 13);
Massachusetts, March 20, 1867; Nebraska, June 15, 1867;
Iowa, March 9, 1868; Arkansas, April 6, 1868; Florida, June
9, 1868; North Carolina, July 2, 1868 (after having rejected
the amendment on December 13, 1866); Louisiana, July 9, 1868
(after having rejected the amendment on February 6, 1867);
South Carolina, July 9, 1868 (after having rejected the
amendment on December 20, 1866); Alabama, July 13, 1868
(date on which it was ``approved'' by the Governor);
Georgia, July 21, 1868 (after having rejected the amendment
on November 9, 1866--Georgia ratified again on February 2,
1870); Virginia, October 8, 1869 (after having rejected the
amendment on January 9, 1867); Mississippi, January 17,
1870; Texas, February 18, 1870 (after having rejected the
amendment on October 27, 1866); Delaware, February 12, 1901
(after having rejected the amendment on February 8, 1867);
Maryland, April 4, 1959 (after having rejected the amendment
on March 23, 1867); California, May 6, 1959; Kentucky, March
18, 1976 (after having rejected the amendment on January 8,
1867).
1734.2 Section 2. Representatives shall be apportioned among
the several States according to their respective numbers,
counting the whole number of persons in each State,
excluding Indians not taxed. But when the right to vote at
any election for the choice of electors for President and
Vice-President of the United States, Representatives in
Congress, the Executive and Judicial officers of a State, or
the members of the Legislature thereof, is denied to any of
the male inhabitants of such State, being twenty-one years
of age, 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.
1734.3 Section 3. No person shall be a Senator or
Representative in Congress, or elector of President and
Vice-President, or hold any office, civil or military, under
the United States, or under any State, who, having
previously taken an oath, as a member of Congress, or as an
officer of the United States, or as a member of any State
legislature, or as an executive or judicial officer of any
State, to support the Constitution of the United States,
shall have engaged in insurrection or rebellion against the
same, or given aid or comfort to the enemies thereof. But
Congress may by a vote of two-thirds of each House, remove
such disability.
1734.4 Section 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for
payment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But
neither the United States nor any State shall assume or pay
any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the
loss or emancipation of any slave; but all such debts,
obligations and claims shall be held illegal and void.
[[Page 592]]
1734.5 Section 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.
1735 AMENDMENT XV
AMENDMENT XV \6\
1735.1 Section 1. The right of citizens of the United States to
vote shall not be denied or abridged by the United States or
by any State on account of race, color, or previous
condition of servitude.
\6\The fifteenth amendment was proposed by Congress on
February 26, 1869, when it passed the Senate [Cong. Globe
(40th Cong., 3d sess.) 1641], having previously passed the
House on February 25 [Id., 1563, 1564]. It appears
officially in 15 Stat. 346 under date of February 27, 1869.
Ratification was probably completed on February 3, 1870,
when the legislature of the twenty-eighth State (Iowa)
approved the amendment, there being then 37 States in the
Union. However, New York had prior to that date
``withdrawn'' its earlier assent to this amendment. Even if
this withdrawal were effective, Nebraska's ratification on
February 17, 1870, authorized Secretary of State Fish's
certification of March 30, 1870, that the 15th amendment had
become a part of the Constitution [16 Stat. 1131].
The fifteenth amendmentas ratified by the several State
legislatures on the following dates: Nevada, March 1, 1869;
West Virginia, March 3, 1869; North Carolina, March 5, 1869;
Louisiana, March 5, 1869 (date on which it was ``approved''
by the Governor); Illinois, March 5, 1869; Michigan, March
5, 1869; Wisconsin, March 5, 1869; Maine, March 11, 1869;
Massachusetts, March 12, 1869; South Carolina, March 15,
1869; Arkansas, March 15, 1869; Pennsylvania, March 25,
1869; New York, April 14, 1869 (New York ``withdrew'' its
consent to the ratification on January 5, 1870, which action
it rescinded on March 30, 1970); Indiana, May 14, 1869;
Connecticut, May 19, 1869; Florida, June 14, 1869; New
Hampshire, July 1, 1869; Virginia, October 8, 1869; Vermont,
October 20, 1869; Alabama, November 16, 1869; Missouri,
January 7, 1870 (Missouri had ratified the first section of
the 15th Amendment on March 1, 1869; it failed to include in
its ratification the second section of the amendment);
Minnesota, January 13, 1870; Mississippi, January 17, 1870;
Rhode Island, January 18, 1870; Kansas, January 19, 1870
(Kansas had by a defectively worded resolution previously
ratified this amendment on February 27, 1869); Ohio, January
27, 1870 (after having rejected the amendment on May 4,
1869); Georgia, February 2, 1870; Iowa, February 3, 1870;
Nebraska, February 17, 1870; Texas, February 18, 1870; New
Jersey, February 15, 1871 (after having rejected the
amendment on February 7, 1870); Delaware, February 12, 1901
(date on which approved by Governor; Delaware had previously
rejected the amendment on March 18, 1869); Oregon, February
24, 1959 (after having rejected the amendment on October 26,
1870); California, April 3, 1962 (after having rejected the
amendment on January 28, 1870); Maryland, May 7, 1973 (date
on which approved by Governor; Maryland had previously
rejected the amendment on February 26, 1870); Kentucky,
March 18, 1976 (after having rejected the amendment on March
12, 1869). The amendment was rejected by Tennessee on
November 16, 1869.
\7\The sixteenth amendment was proposed by Congress on
July 12, 1909, when it passed the House [44 Cong. Rec. (61st
Cong., 1st sess.) 4390, 4440, 4441], having previously
passed the Senate on July 5 [Id., 4121]. It appears
officially in 36 Stat. 184. Ratification was completed on
February 3, 1913,
1735.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
1736 AMENDMENT XVI \7\
The Congress shall have power to lay and collect taxes
on incomes, from whatever source derived, without appor
[[Page 593]]
tionment among the several States, and without regard to any
census or enumeration.
when the legislature of the thirty-sixth
State (Delaware, Wyoming, or New Mexico) approved the
amendment, there being then 48 States in the Union. On
February 25, 1913, Secretary of State Knox certified that
this amendment had become a part of the Constitution [37
Stat. 1785].
The sixteenth amendment was ratified by the several
State legislatures on the following dates: Alabama, August
10, 1909; Kentucky, February 8, 1910; South Carolina,
February 19, 1910; Illinois, March 1, 1910; Mississippi,
March 7, 1910; Oklahoma, March 10, 1910; Maryland, April 8,
1910; Georgia, August 3, 1910; Texas, August 16, 1910; Ohio,
January 19, 1911; Idaho, January 20, 1911; Oregon, January
23, 1911; Washington, January 26, 1911; Montana, January 27,
1911; Indiana, January 30, 1911; California, January 31,
1911; Nevada, January 31, 1911; South Dakota, February 1,
1911; Nebraska, February 9, 1911; North Carolina, February
11, 1911; Colorado, February 15, 1911; North Dakota,
February 17, 1911; Michigan, February 23, 1911; Iowa,
February 24, 1911; Kansas, March 2, 1911; Missouri, March
16, 1911; Maine, March 31, 1911; Tennessee, April 7, 1911;
Arkansas, April 22, 1911 (after having rejected the
amendment at the session begun January 9, 1911); Wisconsin,
May 16, 1911; New York, July 12, 1911; Arizona, April 3,
1912; Minnesota, June 11, 1912; Louisiana, June 28, 1912;
West Virginia, January 31, 1913; Delaware, February 3, 1913;
Wyoming, February 3, 1913; New Mexico, February 3, 1913; New
Jersey, February 4, 1913; Vermont, February 19, 1913;
Massachusetts, March 4, 1913; New Hampshire, March 7, 1913
(after having rejected the amendment on March 2, 1911). The
amendment was rejected (and not subsequently ratified) by
Connecticut, Rhode Island, and Utah.
1737 AMENDMENT XVII \8\
\8\The seventeenth amendment was proposed by Congress on
May 13, 1912, when it passed the House [48 Cong. Rec. (62d
Cong., 2d sess.) 6367], having previously passed the Senate
on June 12, 1911 [47 Cong. Rec. (62d Cong., 1st sess.)
1925]. It appears officially in 37 Stat. 646. Ratification
was completed on April 8, 1913, when the thirty-sixth State
(Connecticut) approved the amendment, there being then 48
States in the Union. On May 31, 1913, Secretary of State
Bryan certified that it had become a part of the
Constitution [38 Stat. 2049].
The seventeenth amendment was ratified by the several
State legislatures on the following dates: Massachusetts,
May 22, 1912; Arizona, June 3, 1912; Minnesota, June 10,
1912; New York, January 15, 1913; Kansas, January 17, 1913;
Oregon, January 23, 1913; North Carolina, January 25, 1913;
California, January 28, 1913; Michigan, January 28, 1913;
Iowa, January 30, 1913; Montana, January 30, 1913; Idaho,
January 31, 1913; West Virginia, February 4, 1913; Colorado,
February 5, 1913; Nevada, February 6, 1913; Texas, February
7, 1913; Washington, February 7, 1913; Wyoming, February 8,
1913; Arkansas, February 11, 1913; Illinois, February 13,
1913; North Dakota, February 14, 1913; Wisconsin, February
18, 1913; Indiana, February 19, 1913; New Hampshire,
February 19, 1913; Vermont, February 19, 1913; South Dakota,
February 19, 1913; Maine, February 20, 1913; Oklahoma,
February 24, 1913; Ohio, February 25, 1913; Missouri, March
7, 1913; New Mexico, March 13, 1913; Nebraska, March 14,
1913; New Jersey, March 17, 1913; Tennessee, April 1, 1913;
Pennsylvania, April 2, 1913; Connecticut, April 8, 1913;
Louisiana, June 5, 1914. The amendment was rejected by Utah
on February 26, 1913.
The Senate of the United States shall be composed of two
Senators from each State, elected by the people thereof, for
six years; and each Senator shall have one vote. The
electors in each State shall have the qualifications
requisite for electors of the most numerous branch of the
State legislatures.
When vacancies happen in the representation of any State
in the Senate, the executive authority of such State shall
issue writs of election to fill such vacancies: Pro
[[Page 594]]
vided, That the legislature of any State may empower the
executive thereof to make temporary appointments until the
people fill the vacancies by election as the legislature may
direct.
This amendment shall not be so construed as to affect
the election or term of any Senator chosen before it becomes
valid as part of the Constitution.
1738 AMENDMENT XVIII
AMENDMENT XVIII \9\
1738.1 [Section 1. After one year from the ratification of this
article the manufacture, sale, or transportation of
intoxicating liquors within, the importation thereof into,
or the exportation thereof from the United States and all
territory subject to the jurisdiction thereof for beverage
purposes is hereby prohibited.
Amendment XVIII was repealed in its entirety by
amendment XXI.
\9\The eighteenth amendment was proposed by Congress on
December 18, 1917, when it passed the Senate [Cong. Rec.
(65th Cong., 2d sess.) 478], having previously passed the
House on December 17 [Id., 470]. It appears officially in 40
Stat. 1050. Ratification was completed on January 16, 1919,
when the thirty-sixth State approved the amendment, there
being then 48 States in the Union. On January 29, 1919,
Acting Secretary of State Polk certified that this amendment
had been adopted by the requisite number of States [40 Stat.
1941]. By its terms this amendment did not become effective
until 1 year after ratification.
The eighteenth amendment was ratified by the several
State legislatures on the following dates: Mississippi,
January 8, 1918; Virginia, January 11, 1918; Kentucky,
January 14, 1918; North Dakota, January 28, 1918 (date on
which approved by Governor); South Carolina, January 29,
1918; Maryland, February 13, 1918; Montana, February 19,
1918; Texas, March 4, 1918; Delaware, March 18, 1918; South
Dakota, March 20, 1918; Massachusetts, April 2, 1918;
Arizona, May 24, 1918; Georgia, June 26, 1918; Louisiana,
August 9, 1918 (date on which approved by Governor);
Florida, November 27, 1918; Michigan, January 2, 1919; Ohio,
January 7, 1919; Oklahoma, January 7, 1919; Idaho, January
8, 1919; Maine, January 8, 1919; West Virginia, January 9,
1919; California, January 13, 1919; Tennessee, January 13,
1919; Washington, January 13, 1919; Arkansas, January 14,
1919; Kansas, January 14, 1919; Illinois, January 14, 1919;
Indiana, January 14, 1919; Alabama, January 15, 1919;
Colorado, January 15, 1919; Iowa, January 15, 1919; New
Hampshire, January 15, 1919; Oregon, January 15, 1919;
Nebraska, January 16, 1919; North Carolina, January 16,
1919; Utah, January 16, 1919; Missouri, January 16, 1919;
Wyoming, January 16, 1919; Minnesota, January 17, 1919;
Wisconsin, January 17, 1919; New Mexico, January 20, 1919;
Nevada, January 21, 1919; New York, January 29, 1919;
Vermont, January 29, 1919; Pennsylvania, February 25, 1919;
Connecticut, May 6, 1919; New Jersey, March 9, 1922. The
amendment was rejected (and not subsequently ratified) by
Rhode Island.
1738.2 [Section 2. The Congress and the several States shall
have concurrent power to enforce this article by appropriate
legislation.
1738.3 [Section 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.]
[[Page 595]]
1739 AMENDMENT XIX \10\
\10\The nineteenth amendment was proposed by Congress on
June 4, 1919, when it passed the Senate [Cong. Rec. (66th
Cong., 1st sess.) 635], having previously passed the House
on May 21 [Id., 94]. It appears officially in 41 Stat. 362.
Ratification was completed on August 18, 1920, when the
thirty-sixth State (Tennessee) approved the amendment, there
being then 48 States in the Union. On August 26, 1920,
Secretary of State Colby certified that it had become a part
of the Constitution [41 Stat. 1823].
The nineteenth amendment was ratified by the several
State legislatures on the following dates: Illinois, June
10, 1919 (readopted June 17, 1919); Michigan, June 10, 1919;
Wisconsin, June 10, 1919; Kansas, June 16, 1919; New York,
June 16, 1919; Ohio, June 16, 1919; Pennsylvania, June 24,
1919; Massachusetts, June 25, 1919; Texas, June 28, 1919;
Iowa, July 2, 1919 (date on which approved by Governor);
Missouri, July 3, 1919; Arkansas, July 28, 1919; Montana,
August 2, 1919 (date on which approved by Governor);
Nebraska, August 2, 1919; Minnesota, September 8, 1919; New
Hampshire, September 10, 1919 (date on which approved by
Governor); Utah, October 2, 1919; California, November 1,
1919; Maine, November 5, 1919; North Dakota, December 1,
1919; South Dakota, December 4, 1919 (date on which
certified); Colorado, December 15, 1919 (date on which
approved by Governor); Kentucky, January 6, 1920; Rhode
Island, January 6, 1920; Oregon, January 13, 1920; Indiana,
January 16, 1920; Wyoming, January 27, 1920; Nevada,
February 7, 1920; New Jersey, February 9, 1920; Idaho,
February 11, 1920; Arizona, February 12, 1920; New Mexico,
February 21, 1920 (date on which approved by Governor);
Oklahoma, February 28, 1920; West Virginia, March 10, 1920;
Washington, March 22, 1920; Tennessee, August 18, 1920;
Connecticut, September 14, 1920 (confirmed September 21,
1920); Vermont, February 8, 1921; Delaware, March 6, 1923
(after having rejected it on June 2, 1920); Maryland, March
29, 1941 (after having rejected it on February 24, 1920,
ratification certified on February 25, 1958); Virginia,
February 21, 1952 (after having rejected it on February 12,
1920); Alabama, September 8, 1953 (after having rejected it
on September 22, 1919); Florida, May 13, 1969; South
Carolina, July 1, 1969 (after having rejected it on January
29, 1920); Georgia, February 20, 1970 (after having rejected
it on July 24, 1919); Louisiana, June 11, 1970 (after having
rejected it on July 1, 1920); North Carolina, May 6, 1971;
Mississippi, March 22, 1984 (after having rejected it on
March 29, 1920).
The right of citizens of the United States to vote shall
not be denied or abridged by the United States or by any
State on account of sex.
Congress shall have power to enforce this article by
appropriate legislation.
1740 AMENDMENT XX \11\
AMENDMENT XX
1740.1 Section 1. The terms of the President and Vice-President
shall end at noon on the 20th day of January,
[[Page 596]]
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.
\11\The twentieth amendment was proposed by Congress on
March 2, 1932, when it passed the Senate [Cong. Rec. (72d
Cong., 1st sess.) 5086], having previously passed the House
on March 1 [Id., 5027]. It appears officially in 47 Stat.
745. Ratification was completed on January 23, 1933, when
the thirty-sixth State approved the amendment, there being
then 48 States in the Union. On February 6, 1933, Secretary
of State Stimson certified that it had become a part of the
Constitution [47 Stat. 2569].
The twentieth amendment was ratified by the several
State legislatures on the following dates: Virginia, March
4, 1932; New York, March 11, 1932; Mississippi, March 16,
1932; Arkansas, March 17, 1932; Kentucky, March 17, 1932;
New Jersey, March 21, 1932; South Carolina, March 25, 1932;
Michigan, March 31, 1932; Maine, April 1, 1932; Rhode
Island, April 14, 1932; Illinois, April 21, 1932; Louisiana,
June 22, 1932; West Virginia, July 30, 1932; Pennsylvania,
August 11, 1932; Indiana, August 15, 1932; Texas, September
7, 1932; Alabama, September 13, 1932; California, January 4,
1933; North Carolina, January 5, 1933; North Dakota, January
9, 1933; Minnesota, January 12, 1933; Arizona, January 13,
1933; Montana, January 13, 1933; Nebraska, January 13, 1933;
Oklahoma, January 13, 1933; Kansas, January 16, 1933;
Oregon, January 16, 1933; Delaware, January 19, 1933;
Washington, January 19, 1933; Wyoming, January 19, 1933;
Iowa, January 20, 1933; South Dakota, January 20, 1933;
Tennessee, January 20, 1933; Idaho, January 21, 1933; New
Mexico, January 21, 1933; Georgia, January 23, 1933;
Missouri, January 23, 1933; Ohio, January 23, 1933; Utah,
January 23, 1933; Colorado, January 24, 1933; Massachusetts,
January 24, 1933; Wisconsin, January 24, 1933; Nevada,
January 26, 1933; Connecticut, January 27, 1933; New
Hampshire, January 31, 1933; Vermont, February 2, 1933;
Maryland, March 24, 1933; Florida, April 26, 1933.
A proposed amendment which would authorize Congress to
limit, regulate, and prohibit the labor of persons under 18
years of age was passed by Congress on June 2, 1924. This
proposal at the time it was submitted to the States was
referred to as ``the proposed 20th Amendment.'' It appears
officially in 43 Stat. 670. The status of this proposed
amendment is a matter of conflicting opinion. The Kentucky
Court of Appeals in Wise v. Chandler (270 Ky. 1 [1937]) has
held that it is no longer open to ratification because: (1)
Rejected by more than one-fourth of the States; (2) a State
may not reject and then subsequently ratify, at least when
more than one-fourth of the States are on record as
rejecting; and (3) more than a reasonable time has elapsed
since it was submitted to the States in 1924 (for subsequent
litigation in the Chandler case see 303 U.S. 634 and 307
U.S. 474). The Kansas Supreme Court in Coleman v. Miller
(146 Kan. 390 [1937]) came to the opposite conclusion.
On October 1, 1937, 27 States had ratified the proposed
amendment. Of these States 10 had previously rejected the
amendment on one or more occasions. At least 26 different
States have at one time rejected the amendment.
1740.2 Section 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.
1740.3 Section 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.
1740.4 Section 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 when
[[Page 597]]
ever 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.
1740.5 Section 5. Sections 1 and 2 shall take effect on the
15th day of October following the ratification of this
article.
1740.6 Section 6. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution
by the legislatures of three-fourths of the several States
within seven years from the date of its submission.
1741 AMENDMENT XXI \12\
\12\The twenty-first amendment was proposed by Congress
on February 20, 1933, when it passed the House [76 Cong.
Rec. (72d Cong., 2d sess.) 4516], having previously passed
the Senate on February 16 [Id., 4231]. It appears officially
in 47 Stat. 1625. Ratification was completed on December 5,
1933, when the thirty-sixth State (Utah) approved the
amendment, there being then 48 States in the Union. On
December 5, 1933, Acting Secretary of State Phillips
certified that it had been adopted by the requisite number
of States [48 Stat. 1749].
The twenty-first amendment was ratified by the several
State conventions on the following dates: Michigan, April
10, 1933; Wisconsin, April 25, 1933; Rhode Island, May 8,
1933; Wyoming, May 25, 1933; New Jersey, June 1, 1933;
Delaware, June 24, 1933; Indiana, June 26, 1933;
Massachusetts, June 26, 1933; New York, June 27, 1933;
Illinois, July 10, 1933; Iowa, July 10, 1933; Connecticut,
July 11, 1933; New Hampshire, July 11, 1933; California,
July 24, 1933; West Virginia, July 25, 1933; Arkansas,
August 1, 1933; Oregon, August 7, 1933; Alabama, August 8,
1933; Tennessee, August 11, 1933; Missouri, August 29, 1933;
Arizona, September 5, 1933; Nevada, September 5, 1933;
Vermont, September 23, 1933; Colorado, September 26, 1933;
Washington, October 3, 1933; Minnesota, October 10, 1933;
Idaho, October 17, 1933; Maryland, October 18, 1933;
Virginia, October 25, 1933; New Mexico, November 2, 1933;
Florida, November 14, 1933; Texas, November 24, 1933;
Kentucky, November 27, 1933; Ohio, December 5, 1933;
Pennsylvania, December 5, 1933; Utah, December 5, 1933;
Maine, December 6, 1933; Montana, August 6, 1934. The
amendment was rejected by a convention in the State of South
Carolina, on December 4, 1933. The electorate of the State
of North Carolina voted against holding a convention at a
general election held on November 7, 1933.
1741.1 Section 1. The eighteenth article of amendment to the
Constitution of the United States is hereby repealed.
1741.2 Section 2. The transportation or importation into any
State, Territory, or possession of the United States for
delivery or use therein of intoxicating liquors, in
violation of the laws thereof, is hereby prohibited.
1741.3 Section 3. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution
by conventions in the several States, as provided in the
Constitution, within seven years from the date of the
submission hereof to the States by the Congress.
[[Page 598]]
1742 AMENDMENT XXII
AMENDMENT XXII \13\
1742.1 Section 1. No person shall be elected to the office of
the President more than twice, and no person who has held
the office of President, or acted as President, for more
than two years of a term to which some other person was
elected President shall be elected to the office of the
President more than once. But this Article shall not apply
to any person holding the office of President when this
Article was proposed by the Congress, and shall not prevent
any person who may be holding the office of President, or
acting as President, during the term within which this
Article becomes operative, from holding the office of
President or acting as President during the remainder of
such term.
\13\The twenty-second amendment was proposed by Congress
on March 24, 1947, when the House agreed to Senate amendment
[93 Cong. Rec. (80th Cong., 1st sess.) 2389], having
previously been passed in the House of Representatives on
February 6, 1947 [93 Cong. Rec. (80th Cong., 1st sess.)
872], and in the Senate on March 12, 1947, with an amendment
[93 Cong. Rec. (80th Cong., 1st sess.) 1978]. Ratification
was completed on February 27, 1951, when the legislature of
the thirty-sixth State (Minnesota) approved the amendment,
there being then forty-eight States in the Union. On March
1, 1951, the Administrator of General Services, Jess Larson,
certified that this amendment had become a part of the
Constitution.
The twenty-second amendment was ratified by the several
State legislatures on the following dates: Maine, March 31,
1947; Michigan, March 31, 1947; Iowa, April 1, 1947; Kansas,
April 1, 1947; New Hampshire, April 1, 1947; Delaware, April
2, 1947; Illinois, April 3, 1947; Oregon, April 3, 1947;
Colorado, April 12, 1947; California, April 15, 1947; New
Jersey, April 15, 1947; Vermont, April 15, 1947; Ohio, April
16, 1947; Wisconsin, April 16, 1947; Pennsylvania, April 29,
1947; Connecticut, May 21, 1947; Missouri, May 22, 1947;
Nebraska, May 23, 1947; Virginia, January 28, 1948;
Mississippi, February 12, 1948; New York, March 9, 1948;
South Dakota, January 21, 1949; North Dakota, February 25,
1949; Louisiana, May 17, 1950; Montana, January 25, 1951;
Indiana, January 29, 1951; Idaho, January 30, 1951; New
Mexico, February 12, 1951; Wyoming, February 12, 1951;
Arkansas, February 15, 1951; Georgia, February 17, 1951;
Tennessee, February 20, 1951; Texas, February 22, 1951;
Utah, February 26, 1951; Nevada, February 26, 1951;
Minnesota, February 27, 1951; North Carolina, February 28,
1951; South Carolina, March 13, 1951; Maryland, March 14,
1951; Florida, April 16, 1951; Alabama, May 4, 1951. The
amendment was rejected (and not subsequently ratified) by
Oklahoma in June 1947, and Massachusetts on June 9, 1949.
1742.2 Section 2. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution
by the legislatures of three-fourths of the several States
within seven years from the date of its submission to the
States by the Congress.
1743 AMENDMENT XXIII \14\
1743.1 Section 1. The District constituting the seat of
Government of the United States shall appoint in such manner
as the Congress may direct:
\14\The twenty-third amendment was proposed by Congress
on June 16, 1960, when the Senate agreed to S.J. Res. 39,
86th Cong., as passed by the House of Representatives on
June 14; which action consisted of substituting H.J. Res.
757 for the original text of S.J. Res. 39 [106 Cong. Rec.
(86th Cong., 2d sess.) 12571]. S.J. Res. 39 as approved by
the Senate on February 2, 1960 [106 Cong. Rec. (86th Cong.,
2d sess.) 12850-58], for the first time since 1789, proposed
several unrelated articles of amendment, though several
amendments cover several points in sections of an article;
as finally proposed it dealt with a single matter. It
appears officially in 74 Stat. 1057 under date of June 16,
1960. Ratification was completed on March 29, 1961, when the
legislature of the thirty-eighth State (Ohio) approved the
amendment, there being then fifty States in the Union. The
identity of the thirty-eighth State was in doubt until New
Hampshire by ``official notice'' determined March 30 as the
date of its ratification. On April 3, 1961, the
Administrator of General Services, John L. Moore, certified
that this amendment had become a part of the Constitution
(26 F.R. 2808 and 75 Stat. 847).
The twenty-third amendment was ratified by the several
State legislatures on the following dates: Hawaii, June 23,
1960 (technical correction, June 30, 1960); Massachusetts,
August 22, 1960; New Jersey, December 19, 1960; New York,
January 17, 1961; California, January 19, 1961; Oregon,
January 27, 1961; Maryland, January 30, 1961; Idaho, January
31, 1961; Maine, January 31, 1961; Minnesota, January 31,
1961; New Mexico, February 1, 1961; Nevada, February 2,
1961; Montana, February 6, 1961; Colorado, February 8, 1961;
Washington, February 9, 1961; West Virginia, February 9,
1961; Alaska, February 10, 1961; Wyoming, February 13, 1961;
South Dakota, February 14, 1961 (date of filing in Office of
Secretary of State of South Dakota); Delaware, February 20,
1961; Utah, February 21, 1961; Wisconsin, February 21, 1961;
Pennsylvania, February 28, 1961; Indiana, March 3, 1961;
North Dakota, March 3, 1961; Tennessee, March 6, 1961;
Michigan, March 8, 1961; Connecticut, March 9, 1961;
Arizona, March 10, 1961; Illinois, March 14, 1961; Nebraska,
March 15, 1961; Vermont, March 15, 1961; Iowa, March 16,
1961; Missouri, March 20, 1961; Oklahoma, March 21, 1961;
Rhode Island, March 22, 1961; Kansas, March 29, 1961; Ohio,
March 29, 1961; New Hampshire, March 30, 1961 (date in
official notice; preceded by ratification on March 29, 1961,
which was annulled and then repeated March 29). Arkansas
rejected the proposal on January 24, 1961.
[[Page 599]]
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.
1743.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
1744 AMENDMENT XXIV
AMENDMENT XXIV \15\
1744.1 Section 1. The right of citizens of the United States to
vote in any primary or other election for President
[[Page 600]]
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.
\15\The twenty-fourth amendment was proposed by Congress
on August 27, 1962, when it passed the House [108 Cong. Rec.
(87th Cong., 2d sess.) 1767], having previously passed the
Senate on March 27, 1962 [Id., 5105]. It appears officially
in 76 Stat. 1259 under date of August 29, 1962. Ratification
was completed on January 23, 1964, when the legislature of
the thirty-eighth State (South Dakota) approved the
amendment, there being then fifty States in the Union. On
February 4, 1964, the Administrator of General Services,
Bernard L. Boutin, certified that this amendment had become
a part of the Constitution (29 F.R. 1715).
The twenty-fourth amendment was ratified by the several
State legislatures on the following dates: Illinois,
November 14, 1962; New Jersey, December 3, 1962; Oregon,
January 25, 1963; Montana, January 28, 1963; West Virginia,
February 1, 1963; New York, February 4, 1963; Maryland,
February 6, 1963; California, February 7, 1963; Alaska,
February 11, 1963; Rhode Island, February 14, 1963; Indiana,
February 19, 1963; Utah, February 20, 1963; Michigan,
February 20, 1963; Colorado, February 21, 1963; Ohio,
February 27, 1963; Minnesota, February 27, 1963; New Mexico,
March 5, 1963; Hawaii, March 6, 1963; North Dakota, March 7,
1963; Idaho, March 8, 1963; Washington, March 14, 1963;
Vermont, March 15, 1963; Nevada, March 19, 1963;
Connecticut, March 20, 1963; Tennessee, March 21, 1963;
Pennsylvania, March 25, 1963; Wisconsin, March 26, 1963;
Kansas, March 28, 1963; Massachusetts, March 28, 1963;
Nebraska, April 4, 1963; Florida, April 18, 1963; Iowa,
April 24, 1963; Delaware, May 1, 1963; Missouri, May 13,
1963; New Hampshire, June 16, 1963; Kentucky, June 27, 1963;
Maine, January 16, 1964; South Dakota, January 23, 1964;
Virginia, February 25, 1977; North Carolina, May 3, 1989.
Mississippi rejected the proposal on December 20, 1962.
1744.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
1745 AMENDMENT XXV
AMENDMENT XXV \16\
\16\The twenty-fifth amendment was proposed by Congress
on July 6, 1965, when the Senate agreed to a conference
report, to which the House had previously agreed on June 30,
1965. It appears officially in 79 Stat. 1327. Ratification
was completed on February 10, 1967, when the legislature of
the thirty-eighth State (Nevada) approved the amendment,
there being then fifty States in the Union. On February 23,
1967, the Administrator of General Services, Lawson B.
Knott, Jr., certified that this amendment had become a part
of the Constitution (32 F.R. 3287).
The twenty-fifth amendment was ratified by the several
State legislatures on the following dates: Nebraska, July
12, 1965; Wisconsin, July 13, 1965; Oklahoma, July 16, 1965;
Massachusetts, August 9, 1965; Pennsylvania, August 18,
1965; Kentucky, September 15, 1965; Arizona, September 22,
1965; Michigan, October 5, 1965; Indiana, October 20, 1965;
California, October 21, 1965; Arkansas, November 4, 1965;
New Jersey, November 29, 1965; Delaware, December 7, 1965;
Utah, January 17, 1966; West Virginia, January 20, 1966;
Maine, January 24, 1966; Rhode Island, January 28, 1966;
Colorado, February 3, 1966; New Mexico, February 3, 1966;
Kansas, February 8, 1966; Vermont, February 10, 1966;
Alaska, February 18, 1966; Idaho, March 2, 1966; Hawaii,
March 3, 1966; Virginia, March 8, 1966; Mississippi, March
10, 1966; New York, March 14, 1966; Maryland, March 23,
1966; Missouri, March 30, 1966; New Hampshire, June 13,
1966; Louisiana, July 5, 1966; Tennessee, January 12, 1967;
Wyoming, January 25, 1967; Washington, January 26, 1967;
Iowa, January 26, 1967; Oregon, February 2, 1967; Minnesota,
February 10, 1967; Nevada, February 10, 1967; Connecticut,
February 14, 1967; Montana, February 15, 1967; South Dakota,
March 6, 1967; Ohio, March 7, 1967; Alabama, March 14, 1967;
North Carolina, March 22, 1967; Illinois, March 22, 1967;
Texas, April 25, 1967; Florida, May 25, 1967.
1745.1 Section 1. In case of the removal of the President from
office or of his death or resignation, the Vice President
shall become President.
[[Page 601]]
1745.2 Section 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.
1745.3 Section 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.
1745.4 Section 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
\17\ or of such other body as Congress may by law provide,
transmit within four days to the President pro tempore of
the Senate and the Speaker of the House of Representatives
their written declaration that the President is unable to
discharge the powers and duties of his office. Thereupon
Congress shall decide the issue, assembling within forty-
eight hours for that purpose if not in session. If the
Congress, within twenty-one days after receipt of the latter
written declaration, or, if Congress is not in session,
within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that
the President is unable to discharge the powers and duties
of his office, the Vice President shall continue to
discharge the same as Acting President;
[[Page 602]]
otherwise, the President shall resume the powers and duties
of his office.
\17\``Department'' is per the original text of the
amendment; it likely should be ``departments''.
1746 AMENDMENT XXVI
AMENDMENT XXVI \18\
1746.1 Section 1. The right of citizens of the United States,
who are eighteen years of age or older, to vote shall not be
denied or abridged by the United States or by any State on
account of age.
\18\The twenty-sixth amendment was proposed by Congress
on March 23, 1971, when it passed the House [117 Cong. Rec.
(92d Cong., 1st sess.) 7570], having previously passed the
Senate on March 10, 1971 [Id., 5830]. It appears officially
in 85 Stat. 825. Ratification was completed on July 1, 1971,
when the legislature of the thirty-eighth State (North
Carolina) approved the amendment, there being then fifty
States in the Union. On July 5, 1971, the Administrator of
General Services, Robert L. Kunzig, certified that this
amendment had become a part of the Constitution (36 F.R.
12725).
The twenty-sixth amendment was ratified by the several
State legislatures on the following dates: Connecticut,
March 23, 1971; Delaware, March 23, 1971; Minnesota, March
23, 1971; Tennessee, March 23, 1971; Washington, March 23,
1971; Hawaii, March 24, 1971; Massachusetts, March 24, 1971;
Montana, March 29, 1971; Arkansas, March 30, 1971; Idaho,
March 30, 1971; Iowa, March 30, 1971; Nebraska, April 2,
1971; New Jersey, April 3, 1971; Kansas, April 7, 1971;
Michigan, April 7, 1971; Alaska, April 8, 1971; Maryland,
April 8, 1971; Indiana, April 8, 1971; Maine, April 9, 1971;
Vermont, April 16, 1971; Louisiana, April 17, 1971;
California, April 19, 1971; Colorado, April 27, 1971;
Pennsylvania, April 27, 1971; Texas, April 27, 1971; South
Carolina, April 28, 1971; West Virginia, April 28, 1971; New
Hampshire, May 13, 1971; Arizona, May 14, 1971; Rhode
Island, May 27, 1971; New York, June 2, 1971; Oregon, June
4, 1971; Missouri, June 14, 1971; Wisconsin, June 22, 1971;
Illinois, June 29, 1971; Alabama, June 30, 1971; Ohio, June
30, 1971; North Carolina, July 1, 1971; Oklahoma, July 1,
1971; Virginia, July 8, 1971; Wyoming, July 8, 1971;
Georgia, October 4, 1971.
1746.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
[[Page 603]]
1747 AMENDMENT XXVII \19\
No law, varying the compensation for the services of the
Senators and Representatives, shall take effect, until an
election of Representatives shall have intervened.
\19\The twenty-seventh amendment was the second of
twelve articles proposed by the First Congress on Sept. 25,
1789. Ratification was completed on May 7, 1992, when the
legislatures of the thirty-eighth and thirty-ninth States
(Michigan and New Jersey) approved the amendment, there
being then fifty States in the Union. On May 18, 1992, the
Archivist of the United States, Don W. Wilson, declared this
amendment to have become valid. (F.R. Doc. 92-11951, 57 F.R.
21187).
The twenty-seventh amendment was ratified by the
following States: Maryland, December 19, 1789; North
Carolina, December 22, 1789; South Carolina, January 19,
1790; Delaware, January 28, 1790; Vermont, November 3, 1791;
Virginia, December 15, 1791; Ohio, May 6, 1873; Wyoming,
March 6, 1978; Maine, April 27, 1983; Colorado, April 22,
1984; South Dakota, February 21, 1985; New Hampshire, March
7, 1985; Arizona, April 3, 1985; Tennessee, May 23, 1985;
Oklahoma, July 10, 1985; New Mexico, February 14, 1986;
Indiana, February 24, 1986; Utah, February 25, 1986;
Arkansas, March 6, 1987; Montana, March 17, 1987;
Connecticut, May 13, 1987; Wisconsin, July 15, 1987;
Georgia, February 2, 1988; West Virginia, March 10, 1988;
Louisiana, July 7, 1988; Iowa, February 9, 1989; Idaho,
March 23, 1989; Nevada, April 26, 1989; Alaska, May 6, 1989;
Oregon, May 19, 1989; Minnesota, May 22, 1989; Texas, May
25, 1989; Kansas, April 5, 1990; Florida, May 31, 1990;
North Dakota, March 25, 1991; Alabama, May 5, 1992;
Missouri, May 5, 1992; Michigan, May 7, 1992; New Jersey,
May 7, 1992; Illinois, May 12, 1992; California, June 26,
1992; Rhode Island, June 10, 1993.