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Vote, each senator entitled to one... 1 3
1 3 casting, of vice-president.. 1 3
2 2 when taken by states. 12th amend.
3 3 Warrants, for crime, to be on oath.. 5th am.
powers not delegated to ... 10th amend. Witnesses, what necessary in trea-
1 2 to be confronted with accused, 6th am.
1 3 compulsory process against, 6th amend.
1 8 Yeas and nays, when entered on jour.
Vol. I. -2.
UNITED STATES OF AMERICA.
(Went into operation on the Arst Wednesday of March, 1789. Owings v. Speed, 5 Wh., 420.]
We, the people of the United States, in order to form a Preamblo. more perfect union, establish justice, ensure 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:
2 Dal., 471; 1 Wh., 324; 3 Wh., 181; 4 Wh., 404; 6 Wh., 414; 12
Wh., 455; 5 Pet., 128; 6 Pet., 569 ; 12 How., 107; 1 Brock., 177;
SECTION 1. 1. All legislative powers, herein granted, shall be vested in Legislative a congress of the United States, which shall consist of a senate and house of representatives.
SECTION 2. 1. The house of representatives shall be composed of mem- House of bers chosen every second year by the people of the several fatives ; its states; and the electors in each state shall have the qualifica- members; tions requisite for electors of the most numerous branch of chosen. the state legislature.
2. No person shall be a representative who shall not have qualificaattained to the age of twenty-five years, and been seven members. years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen.
3. Representatives and direct taxes shall be apportioned Appeter among the several states which may be included within this of reprea Union, according to their respective numbers; which shall be and direct 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 subsequent term of ten years, in such manNumber of ner as they shall by law direct. The number of representarepresen- tives shall not exceed one for every thirty thousand, but
each state shall have at least one representative; and until First ap
such enumeration shall be made, the state of New Hampmention- shire shall be entitled to choose 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.
3 Dal. 171 ; 5 Wh., 317. 4. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of election to fill such vacancies.
10 Law R., 1.
5. The house of representatives shall choose their speaker Power of and other officers; and shall have the sole power of impeach
Classification of senators.
SECTION 3. 1. 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.
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 Vacancies. 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 legis
lature, which shall then fill such vacancies. Qualifica
3. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
4. The vice-president of the United States shall be president of the senate, but shall have no vote unless they be equally divided.
5. The senate shall choose their other officers, and also a dent pro president pro tempore, in the absence of the vice-president,
or when he shall exercise the office of president of the United States.
6. The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath
President of the senate.
Officers and presi
Trial of impeachments.
or affirmation. When the president of the United States is
7. Judgment, in cases of impeachment, shall not extend Judgment further than to removal from office, and disqualification to peachhold and enjoy any office of honor, trust or profit, under the ment. United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.
SECTION 4. 1. The times, places, and manner of holding elections for Election senators and representatives shall be prescribed in each state tors and by the legislature thereof; but the congress may, at any tatives. time, by law, make or alter such regulations, except as to the places of choosing senators.
2. The congress shall assemble at least once in every year; meeting of and such meeting shall be on the first Monday in December, congress. unless they shall, by law, appoint a different day.
SECTION 5. 1. Each house shall be the judge of the elections, returns, Powers of and qualifications of its own members, and a majority of house. each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner and under such penalties as each house may provide.
2. Each house may determine the rules of its proceedings, Power to punish its members for disorderly behavior, and, with the rules and concurrence of two-thirds, expel a member.
expel 1 Dal., 296; 6 Wh., 204; 1 Am. L. J., 139; 1 Am. L. J., 459. 3. Each house shall keep a journal of its proceedings, and, Journals. from time to time, publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays Yeas and of the members of either house, on any question, shall, at the ways. desire of one-fifth of those present, be entered on the journal.
4. Neither house, during the session of congress, shall, Adjournwithout the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
SECTION 6. 1. The senators and representatives shall receive a com- Compenpensation for their services, to be ascertained by law, and inembers paid out of the treasury of the United States. They shall, gress. in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the ses- Privileges, sion 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.
3 Dal., 478; 4 Dal., 107.