THE
CONSTITUTION OF THE UNITED STATES
OF AMERICA
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LITERAL PRINT
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CONSTITUTION OF THE UNITED STATES
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We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquillity, 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.
Article. I.
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.
Section. 2. 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.
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.
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
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every subsequent 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.
When vacancies happen in the Representation from any State, the
Executive Authority thereof shall issue Writs of Election to fill such
Vacancies.
The House of Representatives shall chuse their Speaker and other
Officers; and shall have the sole Power of Impeachment.
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.
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 tem
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porary Appointments until the next Meeting of the Legislature, which
shall then fill such Vacancies.
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.
The Vice President of the United States shall be President of
the Senate but shall have no Vote, unless they be equally divided.
The Senate shall chuse 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.
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.
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.
Section. 4. The Times, 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
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any time by Law make or alter such Regulations, except as to the Places
of chusing Senators.
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.
Section. 5. 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.
Each House may determine the Rules of its Proceedings, punish
its Members for disorderly Behaviour, and, with the Concurrence of two
thirds, expel a Member.
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 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.
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.
Section. 6. 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
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from the same; and for any Speech or Debate in either House, they shall
not be questioned in any other Place.
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.
Section. 7. 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.
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 have been presented to
him, the Same shall be a Law, in like Manner as if he had signed it,
unless the Congress
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by their Adjournment prevent its Return, in which Case it shall not be a
Law
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.
Section. 8. The Congress shall have Power To lay and collect
Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the
common Defence and general Welfare of the United States; but all Duties,
Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several
States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws
on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin,
and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities
and current Coin of the United States;
To establish Post Offices and post Roads;
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;
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To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high
Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make
Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to
that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and
naval Forces;
To provide for calling forth the Militia to execute the Laws of
the Union, suppress Insurrections and repeal Invasions;
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;
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
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.
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Section. 9. 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.
The Privilege of the Writ of Habeas Corpus shall not be
suspended, unless when in Cases or Rebellion or Invasion the public
Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in
Proportion to the Census of Enumeration herein before directed to be
taken.
No Tax or Duty shall be laid on Articles exported from any
State.
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.
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.
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.
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Section. 10. 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.
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 it's 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 Controul of the Congress.
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.
Article. II.
Section. 1. The executive Power shall be vested in a President
of the United States of America. He shall hold his Office during the
Term of four Years, and, together with the Vice President, chosen for
the same Term, be elected, as follows:
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.
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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
Representatives 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 Congress may determine the Time of chusing the Electors, and
the Day on which they shall give their Votes; which Day shall be the
same throughout the United States.
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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.
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, 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.
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.
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 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.''
Section. 2. 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
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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.
He shall have Power, by and with the Advice and Consent of the
Senate, to make Treaties, provided two 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.
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.
Section. 3. He shall from time to time give to the Congress
Information on 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.
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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.
Article. III.
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.
Section. 2. 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 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.
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 appel
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late Jurisdiction, both as to Law and Fact, with such Exceptions, and
under such Regulations as the Congress shall make.
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.
Section. 3. 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.
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.
Article. IV.
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.
Section. 2. The Citizens of each State shall be entitled to all
Privileges and Immunities of Citizens in the several States.
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.
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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.
Section. 3. 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.
The Congress shall have Power to dispose of and make all needful
Rules and Regulations respecting the Territory or 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.
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.
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
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Conventions in three fourths thereof, as the one or the other Mode of
Ratification may be proposed by the Congress; Provided that no 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.
Article. VI.
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.
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 the 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.
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.
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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.
done in Convention by the Unanimous
The Word, ``the,'' being
interlined between the seventh Consent of the States present the Sev-
and eighth Lines of the first
Page, The Word ``Thirty'' being enteenth Day of September in the Year
partly written on an Erazure in
the fifteenth Line of the first of our Lord one thousand seven hun-
Page, The Words ``is tried''
being interlined between the dred and Eighty seven and of the Inde-
thirty second and thirty third
Lines of the first Page and the pendence of the United States of Amer-
Word ``the'' being interlined be-
tween the forty third and forty ica the Twelfth. In witness whereof We
fourth Lines of the second
Page. have hereunto subscribed our Names,
Attest William Jackson G. Washington--President.
Secretary and deputy from Virginia
New Hampshire John Langdon
Nicholas Gilman
Massachusetts Nathaniel Gorham
Rufus King
Connecticut W'M Sam'L Johnson
Roger Sherman
New York . . . . Alexander Hamilton
New Jersey Wil: Livingston
David Brearley.
W'M Patterson.
Jona: Dayton
Pennsylvania B Franklin
Thomas Mifflin
Rob'T Morris
Geo. Clymer
Tho'S FitzSimons
Jared Ingersol
James Wilson
Gouv Morris
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Delaware Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
Maryland James McHenry
Dan of S'T Tho'S Jenifer
Dan'L Carroll
Virginia John Blair--
James Madison Jr.
North Carolina W M Blount
Rich'D Dobbs Spaight
Hu Williamson
J. Rutledge
South Carolina Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler
Georgia William Few
Abr Baldwin
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In Convention Monday, September 17'th 1787.
Present
The States of
New Hampshire, Massachusetts, Connecticut, M'R Hamilton from New
York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North
Carolina, South Carolina and Georgia.
Resolved,
That the preceeding Constitution be laid before the United
States in Congress assembled, and that it is the Opinion of this
Convention, that it should afterwards be submitted to a Convention of
Delegates, chosen in each State by the People thereof, under the
Recommendation of its Legislature, for their Assent and Ratification;
and that each Convention assenting to, and ratifying the Same, should
give Notice thereof to the United States in Congress assembled.
Resolved, That it is the Opinion of this Convention, that as soon as the
Conventions of nine States shall have ratified this Constitution, the
United States in Congress assembled should fix a Day on which Electors
should be appointed by the States which shall have ratified the same,
and a Day on which the Electors should assemble to vote for the
President, and the Time and Place for commencing Proceedings under this
Constitution. That after such Publication the Electors should be
appointed, and the Senators and Representatives elected: That the
Electors should meet on the Day fixed for the Election of the President,
and should transmit their Votes certified, signed, sealed and directed,
as the Constitution requires, to the Secretary of the United States in
Congress assembled, that the Senators and Representatives should convene
at the Time and Place assigned; that the Senators
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should appoint a President of the Senate, for the sole Purpose of
receiving, opening and counting the Votes for President; and, that after
he shall be chosen, the Congress, together with the President, should,
without Delay, proceed to execute this Constitution.
By the Unanimous Order of the Convention
G. Washington--President.
W. Jackson Secretary.
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