-Caveat Lector-
Original Draft of the U.S. Constitution
WE the People of the States of New-Hampshire, Massachusetts, Rhode-Island
and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania,
Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia,
do ordain, declare and establish the following Constitution for the
Government of Ourselves and our Posterity.
ARTICLE I.
The stile of this Government shall be, "The United States of America."
II.
The Government shall consist of supreme legislative, executive and judicial
powers.
III.
The legislative power shall be vested in a Congress, to consist of two
separate and distinct bodies of men, a House of Representatives, and a
Senate; each of which shall, in all cases, have a negative on the other. The
Legislature shall meet on the first Monday in December in every year.
IV.
Sect. 1. The Members of the House of Representatives shall be chosen every
second year, by the people of the several States comprehended within this
Union. The qualifications of the electors shall be the same, from time to
time, as those of the electors in the several States, of the most numerous
branch of their own legislatures.
Sect. 2. Every Member of the House of Representatives shall be of the age of
twenty-five years at least; shall have been a citizen in the United States
for at least three years before his election; and shall be, at the time of
his election, a resident of the State in which he shall be chosen.
Sec. 3. The House of Representatives shall, at its first formation, and
until the number of citizens and inhabitants shall be taken in the manner
herein after described, consist of sixty-five members, of whom three shall
be chosen in New-Hampshire, eight in Massachusetts, one in Rhode-Island and
Providence Plantations, five in Connecticut, six in New-York, four in
New-Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in
Virginia, five in North-Carolina, five in South-Carolina, and three in
Georgia.
Sect. 4. As the proportions of numbers in the different States will alter
from time to time; as some of the States may hereafter be divided; as others
may be enlarged by addition of territory; as two or more States may be
united; as new States will be erected within the limits of the United
States, the Legislature shall, in each of these cases, regulate the number
of representatives by the number of inhabitants, according to the provisions
herein after made, at the rate of one for every forty thousand.
Sect. 5. All bills for raising or appropriating money, and for fixing the
salaries of the officers of government, shall originate in the House of
Representatives, and shall not be altered or amended by the Senate. No money
shall be drawn from the public Treasury, but in pursuance of appropriations
that shall originate in the House of Representatives.
Sect. 6. The House of Representatives shall have the sole power of
impeachment. It shall choose its Speaker and other officers.
Sect. 7. Vacancies in the House of Representatives shall be supplied by
writs of election from the executive authority of the State, in the
representation from which they shall happen.
V.
Sect. 1. The Senate of the United States shall be chosen by the Legislatures
of the several States. Each Legislature shall chuse two members. Vacancies
may be supplied by the Executive until the next meeting of the Legislature.
Each member shall have one vote.
Sect. 2. The Senators shall be chosen for six years; but immediately after
the first election they shall be divided, by lot, into three classes, as
nearly as may be, numbered one, two and three. The seats of the members 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, of the third class at
the expiration of the sixth year, so that a third part of the members may be
chosen every second year.
Sect. 3. Every member of the Senate shall be of the age of thirty years at
least; shall have been a citizen in the United States for at least four
years before his election; and shall be, at the time of his election, a
resident of the State for which he shall be chosen.
Sect. 4. The Senate shall chuse its own President and other officers.
VI.
Sect. 1. The times and places and the manner of holding the elections of the
members of each House shall be prescribed by the Legislature of each State;
but their provisions concerning them may at any time be altered by the
Legislature of the United States.
Sect. 2. The Legislature of the United States shall have authority to
established such uniform qualifications of the members of each house, with
regard to property, as to the said Legislature shall seem expedient.
Sect. 3. In each House a majority of the members shall constitute a quorum
to do business; but a smaller number may adjourn from day to day.
Sect. 4. Each House shall be the judge of the elections returns and
qualifications of its own members.
Sect. 5. Freedom of speech and debate in the Legislature shall not be
impeached or questioned in any court or place out of the Legislature; and
the members of each House shall, in all cases, except treason, felony and
breach of the peace, be privileged from arrest during their attendance at
Congress, and in going to and returning from it.
Sect. 6. Each House may determine the rules of its proceedings; may punish
its members for disorderly behaviour; and may expel a member.
Sect. 7. The House of Representatives, and the Senate, when it shall be
acting in a legislative capacity shall keep a journal of their proceedings,
and shall, from time to time, publish them: and the yeas and nays of the
members of each House, on any question, shall, at the desire of one-fifth
part of the members present, be entered on the journal.
Sect. 8. Neither House, without the consent of the other, shall adjourn for
more than three days, nor to any other place than that at which the two
Houses are sitting. But this regulation shall not extend to the Senate, when
it shall exercise the powers mentioned in the .......... article.
Sect. 9. The members of each House shall be ineligible to, and incapable of
holding any office under the authority of the United States, during the time
for which they shall respectively be elected: and the members of the Senate
shall be ineligible to, and incapable of holding any such office for one
year afterwards.
Sect. 10. The members of each House shall receive a compensation for their
services, to be ascertained and paid by the State, in which they shall be
chosen.
Sect. 11. The enacting stile of the laws of the United States shall be, "Be
it enacted, and it is hereby enacted by the House of Representatives, and by
the Senate of the United States, in Congress
assembled.
Sect. 12. Each House shall possess the right of originating bills, except in
the cases beforementioned.
Sect. 13. Every bill, which shall have passed the House of Representatives
and the Senate, shall, before it becomes a law, be presented to the
President of the United States, for his revision: if, upon such revision, he
approve of it, he shall signify his approbation by signing it: But if, upon
such revision, it shall appear to him improper for being passed into a law,
he shall return it, together with his objections against it, to that House
in which it shall have originated, who shall enter the objections at large
on their Journal, and proceed to reconsider the bill. But if, after such
reconsideration, two thirds of that House shall, notwithstanding the
objections of the President, agree to pass it, it shall, together with his
objections, be sent to the other House, by which it shall likewise be
reconsidered, and, if approved by two thirds of the other House also, 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 or
against the bill shall be entered in the Journal of each House respectively.
If any bill shall not be returned by the President within seven days after
it shall have been presented to him, it shall be a law, unless the
Legislature, by their adjournment, prevent its return; in which case it
shall not be a law.
VII.
Sect. 1. The Legislature of the United States shall have the power to lay
and collect taxes, duties, imposts and excises;
.......... To regulate commerce with foreign nations, and among the several
States;
.......... To establish an uniform rule of naturalization throughout the
United States;
.......... To coin money;
.......... To regulate the value of foreign coin;
.......... To fix the standard of weights and measures;
.......... To establish post-offices;
.......... To borrow money, and emit bills on the credit of the United
States;
.......... To appoint a Treasurer by ballot;
.......... To constitute tribunals inferior to the supreme court;
.......... To make rules concerning captures on land and water;
.......... To declare the law and punishment of piracies and felonies
committed on the high seas, and the punishment of counterfeiting the coin of
the United States, and of offences against the law of nations;
.......... To subdue a rebellion in any State, on the application of its
Legislature;
.......... To make war;
.......... To raise armies;
.......... To build and equip fleets;
.......... To call forth the aid of the militia, in order to execute the
laws of the Union, enforce treaties, suppress insurrections, and repel
invasions;
And to make all laws that 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.
Sect. 2. Treason against the United States shall consist only in levying war
against the United States, or any of them; and in adhering to the enemies of
the United States, or any of them. The Legislature of the United States
shall have power to declare the punishment of treason. No person shall be
convicted of treason, unless on the testimony of two witnesses. No attainder
of treason shall work corruption of blood, nor forfeiture, except during the
life of the person attainted.
Sect. 3. The proportions of direct taxation shall be regulated by the whole
number of white and other free citizens and inhabitants, of every age, sex
and condition, including those bound to servitude for a term of years, and
three fifths of all other persons not comprehended in the foregoing
description, (except Indians not paying taxes) which number shall, within
six years after the first meeting of the Legislature, and within the term of
every ten years afterwards, be taken in such manner as the said Legislature
shall direct.
Sect. 4. No tax or duty shall be laid by the Legislature on articles
exported from any State; nor on the migration or importation of such persons
as the several States shall think proper to admit; nor shall such migration
or importation be prohibited.
Sect. 5. No capitation tax shall be laid, unless in proportion to the census
herein before directed to be taken.
Sect. 6. No navigation act shall be passed without the assent of two-thirds.
of the members present in each House.
Sect. 7. The United States shall not grant any title of nobility.
VII.
The acts of the Legislature of the United States made in pursuance of this
constitution, and all treaties made under the authority of the United States
shall be the supreme law of the several States, and of their citizens and
inhabitants; and the judges in the several States shall be bound thereby in
their decisions; any thing in the constitutions or laws of the several
States to the contrary notwithstanding.
VIII.
Sect. 1. The Senate of the United States shall have power to make treaties,
and to appoint ambassadors, and judges of the supreme court.
Sect. 2. In all disputes and controversies now subsisting, or that may
hereafter subsist between two or more States, respecting jurisdiction or
territory, the Senate shall possess the following powers. Whenever the
Legislature, or the Executive authority, or the lawful agent of any State,
in controversy with another, shall, by memorial to the Senate, state the
matter in question, and apply for a hearing; notice of such memorial and
application shall be given, by order of the Senate, to the Legislature or
the Executive Authority of the other State in controversy. The Senate shall
also assign a day for the appearance of the parties, by their agents, before
that House. The agents shall be directed to appoint, by joint consent,
commissioners or judges to constitute a court for hearing and determining
the matter in question. But if the agents cannot agree, the Senate shall
name three persons out of each of the several States, and from the list of
such persons each party shall alternately strike out one, until the number
shall be reduced to thirteen; and from that number not less than seven nor
more than nine names, as the Senate shall direct, shall, in their presence,
be drawn out by lot; and the persons, whose names shall be so drawn, or any
five of them shall be commissioners or judges to hear and finally determine
the controversy; provided a majority of the judges, who shall hear the
cause, agree in the determination. If either party shall neglect to attend
at the day assigned, without shewing sufficient reasons for not attending,
or, being present, shall refuse to strike, the Senate shall proceed to
nominate three persons out of each State, and the clerk of the Senate shall
strike in behalf of the party absent or refusing. If any of the parties
shall refuse to submit to the authority of such court; or shall not appear
to prosecute or defend their claim or cause, the court shall nevertheless
proceed to pronounce judgment. The judgment shall be final and conclusive.
The proceedings shall be transmitted to the President of the Senate, and
shall be lodged among the public records for the security of the parties
concerned. Every commissioner shall, before he sit in judgment, take an
oath, to be administered by one of the judges of the supreme or superior
court of the State where the cause shall be tried, well and truly to hear
and determine the matter in question, according to the best of his judgment,
without favour, affection, or hope of reward.
Sect. 3. All controversies concerning lands claimed under different grants
of two or more States, whose jurisdictions, as they respect such lands,
shall have been decided or adjusted subsequent to such grants, or any of
them, shall, on application to the Senate, be finally determined, as near as
may be, in the same manner as is before prescribed for deciding
controversies between different States.
IX.
Sect. 1. The Executive power of the United States shall be vested in a
single person. His stile shall be, "The President of the United States of
America;" and his title shall be, "His Excellency." He shall be elected by
ballot by the Legislature. He shall hold his office during the term of seven
years; but shall not be elected a second time.
Sect. 2. He shall, from time to time, give information to the Legislature of
the State of the Union: he may recommend to their consideration such
measures as he shall judge necessary, and expedient: he may convene them on
extraordinary occasions. In case of disagreement between the two Houses,
with regard to the time of adjournment, he may adjourn them to such time as
he think proper: he shall take care that the laws of the United States be
duly and faithfully executed: he shall commission all the officers of the
United States; and shall appoint officers in all cases not otherwise
provided for by this constitution. He shall receive Ambassadors, and may
correspond with the Supreme Executives of the several States. He shall have
power to grant reprieves and pardons; but his pardon shall not be pleadable
in bar of an impeachment. He shall be Commander in Chief of the Army and
Navy of the United States, and of the Militia of the several States. He
shall, at stated times, receive for his services, a compensation, which
shall neither be encreased nor diminished during his continuance in office.
Before he shall enter on the duties of his department, he shall take the
following Oath or Affirmation,
I------ solemnly swear (or affirm) that I will faithfully execute the office
of President of the United States of America.
He shall be removed from his office on impeachment by the House of
Representatives, and conviction in the Supreme Court, of treason, bribery,
or corruption. In case of his removal as aforesaid, death, resignation, or
disability to discharge the powers and duties of his office, the President
of the Senate shall exercise those powers and duties until another President
of the United States be chosen, or until the disability of the President be
removed.
X.
Sect. 1. The Judicial Power of the United States shall be vested in one
Supreme Court, and in such inferior Courts as shall, when necessary, from
time to time, be constituted by the Legislature of the United States.
Sect. 2. The Judges of the Supreme Court, and of the Inferior courts, shall
hold their offices during good behaviour. They shall, at stated times,
receive for their services, a compensation, which shall not be diminished
during their continuance in office.
Sect. 3. The Jurisdiction of the Supreme Court shall extend to all cases
arising under laws passed by the Legislature of the United States; to all
cases affecting Ambassadors, other Public Ministers and Consuls; to the
trial of impeachments of Officers of the United States; to all cases of
Admiralty and Maritime Jurisdiction; to Controversies between two or more
States (except such as shall regard Territory or Jurisdiction) between a
State and citizens of another State, between citizens of different States,
and between a State or the citizens thereof and foreign States, citizens or
subjects. In cases of Impeachment, cases affecting Ambassadors, other Public
Ministers and Consuls, and those in which a State shall be party, this
Jurisdiction shall be original. In all the other cases beforementioned it
shall be appellate, with such exceptions and under such regulations as the
Legislature shall make. The Legislature may assign any part of the
jurisdiction abovementioned (except the trial of the President of the United
States) in the manner and under the limitations which it shall think proper,
to such Inferior Courts as it shall constitute from time to time.
Sect. 4. The trial of all criminal offences (except in cases of
impeachments) shall be in the State where they shall be committed; and shall
be by jury.
Sect. 5. Judgment, in cases of Impeachment, shall not extend further than to
removal from office, and disqualification to hold and enjoy any office of
honour, 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.
XI.
No State shall coin money; nor grant letters of marque and reprisal; nor
enter into any treaty, alliance, or confederation; nor grant any title of
nobility.
XII.
No State, without the consent of the Legislature of the United States shall
emit bills of credit, or make any thing but specie a tender in payment of
debts; lay imposts or duties on imports; nor keep troops or ships of war in
time of peace; nor enter into any agreement or compact with another State,
or with any foreign power; nor engage in any war, unless it shall be
actually invaded by enemies, or the danger of invasion be so imminent, as
not to admit of a delay, until the Legislature of the United States can be
consulted.
XIII.
The citizens of each State shall be entitled to all privileges and
immunities of citizens in the several States.
XIV.
Any person charged with treason, felony, or high misdemeanor in any State,
who shall flee from justice, and shall be found in any other State, shall,
on demand of the Executive Power of the State from which he fled, be
delivered up and removed to the State having jurisdiction of the offence.
XV.
Full faith shall be given in each State to the acts of the Legislatures, and
to the records and judicial proceedings of the courts and magistrates of
every other State.
XVI.
New States lawfully constituted or established within the limits of the
United States may be admitted, by the Legislature, into this government, but
to such admission the consent of two thirds of the Members present in each
House shall be necessary. If a new State shall arise within the limits of
any of the present States, the consent of the Legislatures of such States
shall be also necessary to its admission. If the admission be consented to,
the new States shall be admitted on the same terms with the original States.
But the Legislature may make conditions with the new States concerning the
public debt, which shall be then subsisting.
XVII.
The United States shall guaranty to each State a Republican form of
government; and shall protect each State against foreign invasions, and, on
the application of its Legislature against domestic violence.
XVIII.
On the application of the Legislatures of two thirds of the States in the
Union, for an amendment of this Constitution, the Legislature of the United
States shall call a Convention for that purpose.
XIX.
The Members of the Legislatures, and the executive and judicial officers of
the United States, and of the several States, shall be bound by oath to
support this Constitution.
XX.
The ratification of the Conventions of .......... States shall be sufficient
for organising this Constitution.
XXI.
This Constitution shall be laid before the United States in Congress
assembled, for their approbation, and it is the opinion of this Convention
that it should be afterwards submitted to a Convention chosen in each State,
under the recommendation of its Legislature, in order to receive the
ratification of such Convention.
XXII.
To introduce this government, it is the opinion of this Convention, that
each assenting Convention should notify its assent and ratification to the
United States in Congress assembled; that Congress, after receiving the
assent and ratification of the Conventions of .......... States, should
appoint and publish a day, as early as may be, and appoint a place for
commencing proceedings under this Constitution; that after such publication,
the Legislatures of the several States should elect Members of the Senate,
and direct the election of Members of the House of Representatives; and that
the Members of the Legislature should meet at the time and place assigned by
Congress, and should, as soon as may be, after their meeting, choose the
President of the United States, and proceed to execute this Constitution.
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We're going to beat guns into submission!
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on NBC Nightly News Nov. 30, 1993.
Vote 2000 Choice:
Freedom, or
Slavery!
Bard
Visit me at:
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Federal Government defined:
....a benefit/subsidy protection racket!
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