The Constitution of the United States
A modern day transcription
Preamble (Introduction)
We, the people of the United States, are creating this Constitution to build a stronger nation, ensure justice, keep peace at home, protect the country, support the well-being of all, and secure freedom for ourselves and future generations.
Article I – The Legislative Branch
Section 1: Powers of Congress
All lawmaking powers belong to Congress, which is made up of two parts: the Senate and the House of Representatives.
Section 2: The House of Representatives
Members of the House are elected every two years by the people in each state.
To vote, citizens must meet the voting requirements for the largest branch of their own state legislature.
To be a Representative, a person must be at least 25 years old, a U.S. citizen for 7 years, and live in the state they represent.
The number of Representatives and direct taxes a state has is based on its population. For this count, free people are fully counted, enslaved people count as three-fifths (this clause is now obsolete due to later amendments), and untaxed Native Americans are not counted.
A population count (census) will be done every 10 years.
There will be at least one Representative for every 30,000 people, but each state must have at least one. Initial representation is listed by state.
If a Representative leaves office before their term ends, the state’s governor will call a special election.
The House chooses its own Speaker and officers and has the sole power to impeach federal officials.
Section 3: The Senate
Each state gets two Senators, chosen by the state legislature (now chosen by voters due to the 17th Amendment), serving six-year terms.
Senators are divided into three groups so that one-third is elected every two years.
If a seat becomes vacant, the state governor can temporarily fill it until the legislature appoints someone.
A Senator must be at least 30 years old, a U.S. citizen for 9 years, and live in the state they represent.
The Vice President of the U.S. is President of the Senate but votes only to break a tie.
The Senate chooses its other officers and a temporary president when the VP is absent.
The Senate holds impeachment trials. Senators must be sworn in for this. If the President is on trial, the Chief Justice of the Supreme Court presides. Conviction requires a two-thirds vote.
Impeachment only removes the person from office and bars them from holding future office. They may still face criminal charges in court.
Section 4: Elections and Meetings
States decide the rules for elections, but Congress can change them (except where Senators are selected).
Congress must meet at least once a year, starting the first Monday in December (now changed to January 3 by the 20th Amendment).
Section 5: Rules and Proceedings
Each chamber judges its members' elections and qualifications. A majority is needed to do business.
They can force absent members to attend and set punishments for misbehavior.
They can expel a member with a two-thirds vote.
Both must keep and publish a journal of their actions, except parts needing secrecy.
They can’t adjourn for more than 3 days without the other chamber’s approval or meet in a different place.
Section 6: Compensation and Privileges
Senators and Representatives are paid from the U.S. Treasury.
They cannot be arrested while attending Congress (except for serious crimes) and can’t be sued for things they say during debates.
No member of Congress can take a federal job that was created or had its pay increased while they were in office.
Federal officers can’t serve in Congress at the same time.
Section 7: Passing Laws
Tax bills must start in the House, but the Senate can suggest changes.
Once both houses pass a bill, it goes to the President. If signed, it becomes law.
If the President vetoes it, it goes back to Congress. If two-thirds of both houses approve it again, it becomes law.
If the President does nothing for 10 days (excluding Sundays), the bill becomes law unless Congress adjourns.
Any major decision needing both houses must also be sent to the President for approval or veto.
Section 8: Powers of Congress
Congress can:
Collect taxes to pay debts, defend the country, and promote national well-being
Borrow money
Manage trade between states, with foreign nations, and with Native tribes
Set rules for becoming a citizen and handling bankruptcies
Create money, set its value, and manage weights and measures
Punish counterfeiters
Establish post offices and roads
Protect inventors and authors through patents and copyrights
Create lower courts under the Supreme Court
Punish piracy and offenses against international law
Declare war, issue war-related licenses, and set rules for wartime actions
Fund and manage the military (Army and Navy)
Call up the militia to enforce laws, stop uprisings, and fight invasions
Organize and arm the militia (states choose officers and train them)
Make laws for the nation’s capital and federal properties
Make any necessary laws to carry out these powers
Section 9: Limits on Congress
Congress can’t stop the slave trade until 1808 but can tax it (up to $10 per person). (This is now obsolete.)
People can’t be held in jail without reason unless there’s rebellion or invasion.
Congress can’t pass laws that punish without trial or make something illegal after the fact.
Taxes must be based on population counts.
No taxes on exports from states.
No state’s ports can be favored over others.
Money can’t be spent unless Congress approves it by law.
Congress must publish how government money is used.
No U.S. official can accept titles or gifts from foreign leaders without Congress’s approval.
Section 10: Limits on States
States can’t:
Make treaties or alliances, coin money, pass ex post facto laws, or grant noble titles
Charge import/export taxes without Congress’s okay
Keep armies or go to war (unless invaded) without Congress’s permission
Article II – The Executive Branch
Section 1: The President and Vice President
The President holds executive power and serves a four-year term along with the Vice President.
Each state chooses a number of electors (now known as the Electoral College) equal to its total number of Senators and Representatives.
Senators, Representatives, and federal employees can’t be electors.
Electors meet in their state to vote for two people, one of whom cannot be from their own state. (This was later changed by the 12th Amendment.)
They send the vote results to the Senate President, who opens and counts them in front of Congress.
The person with the most votes (and a majority) becomes President. If there’s a tie or no majority, the House of Representatives picks the President from the top candidates.
The House votes by state, one vote per state, and a majority of states must agree.
The person with the second most votes becomes Vice President. If there’s a tie, the Senate chooses.
Congress sets the time for choosing electors and for their vote, which must be the same across the country.
To be President, a person must be a natural-born citizen (or a citizen at the time the Constitution was adopted), at least 35 years old, and have lived in the U.S. for 14 years.
If the President dies, resigns, is removed, or is unable to serve, the Vice President takes over. Congress can also create a line of succession by law.
The President is paid a salary that cannot change during their term. They can’t receive other pay from the government or states.
Before taking office, the President must take an oath to faithfully do their job and protect the Constitution.
Section 2: Powers of the President
The President is Commander-in-Chief of the military and state militias when they are called to serve the U.S.
The President can require written advice from Cabinet members.
The President can pardon federal crimes (except in impeachment cases).
The President can make treaties with the Senate’s approval (two-thirds must agree).
The President nominates ambassadors, federal judges, and other officials—with Senate approval.
Congress can let the President, courts, or department heads appoint minor officials.
The President can fill vacancies temporarily if the Senate is not in session.
Section 3: Duties of the President
The President gives Congress information about the “State of the Union” and recommends actions.
In emergencies, the President can call Congress into session or adjourn it if the houses disagree.
The President receives foreign ambassadors and enforces laws.
The President commissions U.S. officers.
Section 4: Removal from Office
The President, Vice President, and other federal officials can be removed if impeached and convicted of treason, bribery, or other serious crimes.
Article III – The Judicial Branch
Section 1: Federal Courts
The U.S. judicial power is held by one Supreme Court and any lower courts Congress creates.
Judges keep their jobs as long as they behave well and are paid salaries that can’t be lowered while in office.
Section 2: Powers of the Courts
Federal courts handle cases involving the Constitution, U.S. laws, treaties, ambassadors, maritime law, and disputes between states or between citizens of different states or countries.
The Supreme Court handles these cases in two ways:
Original jurisdiction (they hear the case first) for ambassadors or if a state is involved.
Appellate jurisdiction (they review decisions of lower courts) for all other cases.
All federal crimes must be tried by a jury in the state where the crime happened. If it happened outside a state, Congress decides the location of the trial.
Section 3: Treason
Treason is defined as waging war against the U.S. or helping its enemies.
A person can only be convicted of treason if two witnesses see the same act or if the person confesses in open court.
Congress decides the punishment for treason, but it cannot punish the family or descendants of someone convicted (no “corruption of blood”).
Article IV – States and Federal Government
Section 1: State Records and Recognition
States must recognize the public acts, records, and court decisions of other states. Congress can decide how this is done.
Section 2: Rights and Duties of Citizens
Citizens in one state have the same rights as citizens in other states.
If a person is charged with a crime and flees to another state, that state must return them if requested.
People who owe labor or service (e.g., escaped slaves under this clause, now invalidated by the 13th Amendment) must be returned to their claimants.
Section 3: New States and Territories
Congress can admit new states, but new states can’t be formed by combining existing states or parts of states without the consent of the states involved and Congress.
Congress controls federal territories and properties. Nothing in the Constitution harms U.S. or state claims to land.
Section 4: Guarantees to States
The U.S. guarantees every state a republican (representative) form of government.
It will protect states against invasion and help stop internal violence when requested.
Article V – Amending the Constitution
Congress can propose amendments if two-thirds of both houses agree.
Or, two-thirds of the state legislatures can request a convention to propose amendments.
Amendments become part of the Constitution when approved by three-fourths of state legislatures or state conventions (Congress decides the method).
No amendment before 1808 could change rules about the slave trade or certain taxes.
No state can lose its equal representation in the Senate without its consent.
Article VI – National Supremacy
Debts from before the Constitution remain valid.
The Constitution, federal laws, and treaties are the highest laws of the land.
Judges in every state must follow them, even if state laws conflict.
Federal and state officials must take an oath to uphold the Constitution.
No religious test is ever required to hold a government position.
Article VII – Ratification
The Constitution will take effect once nine states approve it through their conventions.