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4. Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States.
5. No person, except a natural born citizen, or a citizen of the Who may be United States at the time of the adoption of this Constitution, elected Presishall be eligible to the office of President; neither shall any
dent. 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. [So also as to the Vice President. See XIIth amendment, post]
6. In case of the removal of the President from office, or of In case of rehis death, resignation, or inability to discharge the powers and moval, &c., of duties of the said office, the same shall devolve on the Vice the President, President; and Congress may, by law, provide for the case of volve upon the
his powers to deremoval, death, resignation, or inability, both of the President Vice President, and Vice President, declaring what officer shall then act as &c. 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 ser- President's vices a compensation which shall neither be increased nor compensation. diminished during the period for which he shall have been elected; and he shall not receive, within that period, any other emolument from the United States, or any of them.
8. Before he enter on the execution of his office, he shall take the following oath or affirmation :
"I do solemnly swear (or affirm) that I will faithfully exe- His oath. cute 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."
SECT. II. 1. The President shall be Commander-in-Chief of Power and duthe
army and navy of the Wnited States, and of the militia of ties of the Prethe several States, when called into the actual service of the sident. 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 making treaof the Senate, to make treaties, provided two-thirds of the Sen- ties. ate 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 officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But 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 Power of apmay happen during the recess of the Senate, by granting com- pointment. missions, which shall expire at the end of their next session. SECT. III. He shall, from time to time, give to Congress infor
Further power: mation of the state of the Union, and recommend to their con- and duties. sideration 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. [See 1 Cranch, 137.]
SECT. IV. The President, Vice President, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.
OF THE JUDICIARY.
Secr. I. The judicial power of the United States shall be Of the judicial
vested in one Supreme Court, and in such inferior courts as power.
Congress may, from time to time, ordain and establish. The
judges, both of the Supreme and inferior courts, shall hold their Concerning the offices during good behaviour, and shall at stated times, receive judges. for their services a compensation, which shall not be diminished
during their continuance in office. [See 7 Johns. Ch. R., 303.] Extent of the
SECT. II. 1. The judicial power shall extend to all cases in judicial power.
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 eases affecting ambassadors, or other public ministers and consuls; to all cases of admiralty and
maritime jurisdiction; to controversies to which the United This clause ad- States shall be a party ; to controversies between two or more tered postea.- States; between a State and citizens of another State; beSee amend
tween citizens of different States; between citizens of the ments, Art. XI.
same State, claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens, or subjects. [See 2 Dall., 297. 6 Wheat., 264, 405. 2 Mason, 472. 9 Wheat., 819.]
2. In all cases affecting ambassadors, other public ministers Of original and appellate juris
and consuls, and those in which a State shall be a party, the diction of the Supreme Court shall have original jurisdiction. In all other Supreme Court. cases before mentioned, the Supreme Court shall have appellate
jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as Congress shall make. [5 Sergt. & R., 545. 1 Binn., 138.]
3. The trial of all crimes, except in cases of impeachment, Of trials for crimes.
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 Congress may by law have directed. Of treason.
SECT. III. 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. [4 Cranch App., note B., 470, 126.]
2. 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.
OF STATE RECORDS.
SECT. I. Full faith and credit shall be given, in each State, of records, &c. to the public acts, records, and judicial proceedings of every other State. And Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. [See 7 Cranch, 481. 3 Wheat., 234. 1 Peters, 81, 351. 6 Wheat., 129.]
SECT. II. 1. The citizens of each State shall be entitled to Of citizenship. all privileges and immunities of citizens in the several States. * [See 4 Johns. Ch. R., 430.]
OF FUGITIVES FROM JUSTICE.
2. A person charged in any State for treason, felony, or other Offugitivecrimcrime, who shall flee from justice and be found in another State, inals. 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. See 4 Johns. Ch. R., 106.]
OF PERSONS HELD TO SERVICE.
3. No person held to service or labor in one State under the Of persons held laws thereof, escaping into another, shall, in consequence of any to service. lay or regulation therein, be discharged from such service or labor, but shall be delivered up, on the claim of the party to whom such service or labor may be due. [See 2 S. & R., 306. 3 S. & R., 4. 5 S. & R., 62.]
OF THE ADMISSION OF NEW STATES.
SECT. III. 1. New States may be admitted by Congress into Of new States. 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 Congress.
2. Congress shall have power to dispose of, and make all of the territory needful rules and regulations respecting the territory or other of the U. States. 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 any particular State.
*Free negroes and mulattoes are not citizens within the meaning of the Constitution. [1 Litt., 333.]
OF STATE FORMS OF GOVERNMENT.
SECT. IV. The United States shall guarantee to every State Republican form of govern- in this Union a republican form of government, and shall proment guaran- tect each of them against invasion; and on application of the tied to the se. Legislature, or of the Executive, (when the Legislature cannot veral States.
be convened,) against domestic violence.
OF AMENDMENTS TO THE CONSTITUTION.
Congress, whenever two-thirds of both houses shall deem it Of amendments to the Constitu- necessary, shall propose amendments to this Constitution, or on tion.
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 threefourths of the several States, or by Conventions in three-fourths thereof, as the one or the other mode of ratification,
proposed by Congress: Provided, That no amendment which may be made prior to the year eighteen 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.
OF PUBLIC DEBT.
Of foomer debts.
SECT. I. 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.
OF THE SUPREME LAW OF THE LAND.
SECT. II. This Constitution, and the laws of the United States Force of the Constitution,
which shall be made in pursuance thereof, and all treaties made, Jaws, and trea- or which shall be made, under the authority of the United ties of the U. States, shall be the supreme law of the land; and the Judges in States.
every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
OF THE CONSTITUTIONAL OATH, AND RELIGIOUS TEST.
Oath to support
SECT. III. The Senators and Representatives before mentionthe Constitu- ed, and the members of the several State Legislatures, and all extion.
ecutive and judicial officers, both of the United States and of the
several States, shall be bound, by oath or affirmation, to support Of a religious this Constitution; but no religious test shall ever be required test,
as a qualification to any office of public trust under the United States.
The ratification of the Conventions of nine States shall be sufficient for the establishment of this Constitution, between the States so ratifying the same. [5 Wheat., 422.] Done in the Convention, by the unanimous consent of the States Ratification of
present, the seventeenth day of September, in the year of our the ConstituLord one thousand seven hundred and eighty-seven, and of
tion, the Independence of the United States of America the twelfth. In witness whereof, we have hereunto subscribed our names.
GEO. WASHINGTON, President,
And Deputy from Virginia.
CONNECTICUT. JAMES M'HENRY,
DANIEL OF ST. THOS. JENIFER,
WILLIAM LIVINGSTON, WILLIAM BLOUNT,
RICHARD DOBBS SPAIGHT,
HUGH WILLIAMSON. JONATHAN DAYTON.
A BRAHAM BALDWIN. Attest--WILLIAM JACKSON, Secretary.