Annotated Constitution
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The Constitution of the United States of America was established to form a more perfect union and ensure justice, domestic tranquility, common defense, general welfare, and the blessings of liberty.
The legislative powers are vested in the Congress of the United States, which consists of the Senate and the House of Representatives.
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The House of Representatives is composed of members chosen every second year by the people of the several states.
The qualifications for representatives include being at least 25 years old, a citizen of the United States for seven years, and an inhabitant of the state they are chosen from.
Representatives and direct taxes are apportioned among the states based on their respective numbers, including free persons, those bound to service, and excluding untaxed Indians.
The enumeration of representatives is conducted every ten years.
Each state is entitled to at least one representative, and the total number of representatives should not exceed one for every thirty thousand people.
The House of Representatives has the power to choose their speaker and other officers, as well as the sole power of impeachment.
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The Senate of the United States is composed of two senators from each state, chosen by the state legislature for a term of six years.
Senators must be at least 30 years old, a citizen of the United States for nine years, and an inhabitant of the state they are chosen for.
The Vice President of the United States serves as the President of the Senate but only votes in case of a tie.
The Senate has the sole power to try all impeachments, with the Chief Justice presiding over the trial of the President.
Judgments in cases of impeachment can result in removal from office and disqualification from holding any office of honor, trust, or profit under the United States.
Note: The House of Representatives has 435 members, while the Senate has 100 members.
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Elections and rules of order
Times, places, and manner of holding elections for Senators and Representatives are prescribed by each state's legislature
Congress can make or alter regulations for elections, except for the places of choosing Senators
Congress assembly and rules
Congress must assemble at least once a year, on the first Monday in December, unless a different day is appointed by law
Each House is the judge of the elections, returns, and qualifications of its own members
Each House can determine its own rules of proceedings and punish its members for disorderly behavior
Each House keeps a journal of its proceedings, which is published except for parts that require secrecy
Neither House can adjourn for more than three days without the consent of the other House
Compensation and privileges of Senators and Representatives
Senators and Representatives receive compensation for their services, paid out of the Treasury of the United States
They are privileged from arrest during their attendance at sessions and in going to and returning from sessions
They cannot be questioned in any other place for any speech or debate in either House
Restrictions on civil office appointments
Senators and Representatives cannot be appointed to any civil office under the authority of the United States during their elected term
No person holding any office under the United States can be a member of either House during their continuance in office
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Origination of revenue bills
All bills for raising revenue must originate in the House of Representatives
The Senate can propose or concur with amendments to revenue bills
Process for bills to become laws
Every bill that passes both the House of Representatives and the Senate must be presented to the President
The President can approve and sign the bill, or return it with objections to the House it originated from
If two-thirds of that House agree to pass the bill after reconsideration, it is sent to the other House for reconsideration
If two-thirds of the other House approve the bill, it becomes law
Votes of both Houses are determined by yeas and nays, and the names of the persons voting for and against the bill are entered on the journal of each House
If the President does not return a bill within ten days (Sundays excepted) and Congress is adjourned, the bill becomes law
Approval of orders, resolutions, and votes
Orders, resolutions, or votes that require the concurrence of both the Senate and House of Representatives must be presented to the President
They must be approved by the President or repassed by two-thirds of the Senate and House of Representatives
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Powers of Congress
Congress has the power to lay and collect taxes, duties, imposts, and excises to pay debts and provide for the defense and general welfare of the United States
Congress can borrow money on the credit of the United States
Congress can regulate commerce with foreign nations, among the states, and with Indian tribes
Congress can establish uniform rules of naturalization and bankruptcy laws throughout the United States
Congress can coin money, regulate its value, and establish the standard of weights and measures
Congress can provide for the punishment of counterfeiting and establish post offices and post roads
Congress can promote the progress of science and useful arts by securing exclusive rights to authors and inventors
Congress can constitute inferior tribunals, define and punish piracies and felonies, declare war, raise and support armies, provide and maintain a navy, make rules for the government and regulation of land and naval forces, call forth the militia, and exercise exclusive legislation in certain cases
Congress can make all laws necessary and proper for carrying out its powers and the powers vested in the government of the United States
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Powers forbidden to the Congress
Clause 1: Migration or Importation of certain persons
Congress cannot prohibit the migration or importation of certain persons until the year 1808
Congress can impose a tax or duty on such importation, not exceeding ten dollars per person
Clause 2: Privilege of the Writ of Habeas Corpus
The privilege of the Writ of Habeas Corpus cannot be suspended, except in cases of rebellion or invasion when public safety requires it
Clause 3: Bill of Attainder or ex post facto Law
Congress cannot pass a bill of attainder or ex post facto law
Clause 4: Capitation or other direct tax
No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration
Clause 5: Tax or Duty on exported articles
No tax or duty shall be laid on articles exported from any state
Clause 6: Preference in Regulation of Commerce or Revenue
No preference shall be given to the ports of one state over those of another
Vessels bound to or from one state shall not be obliged to enter, clear, or pay duties in another state
Clause 7: Money drawn from the Treasury
No money shall be drawn from the Treasury without appropriations made by law
Regular statements and accounts of the receipts and expenditures of public money shall be published
Clause 8: Title of Nobility and Office of Profit or Trust
No title of nobility shall be granted by the United States
No person holding any office of profit or trust under the United States shall accept any present, emolument, office, or title from any foreign state
Powers forbidden to the States
Clause 1: Treaty, Alliance, or Confederation
No state shall enter into any treaty, alliance, or confederation
No state shall grant letters of marque and reprisal
No state shall coin money or emit bills of credit
No state shall make anything but gold and silver coin tender in payment of debts
No state shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts
No state shall grant any title of nobility
Clause 2: Imposts or Duties on Imports or Exports
No state shall lay any imposts or duties on imports or exports without the consent of Congress
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
All such laws shall be subject to the revision and control of Congress
Clause 3: Duty of Tonnage, Troops, Ships of War, and Agreements with other States or Powers
No state shall lay any duty of tonnage
No state shall keep troops or ships of war in time of peace
No state shall enter into any agreement or compact with another state or foreign power
No state shall engage in war, unless actually invaded or in imminent danger
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Powers of the President
Section 1: Executive Power
The executive power shall be vested in the President of the United States
The President shall hold office for a term of four years
The President and Vice President shall be elected together for the same term
Clause 2: Appointment of Electors
Each state shall appoint a number of electors equal to the whole number of senators and representatives to which the state is entitled in Congress
No senator, representative, or person holding an office of trust or profit under the United States shall be appointed an elector
Clause 3: Voting and Counting of Electoral Votes
Electors shall meet in their respective states and vote by ballot for two persons, one of whom must not be an inhabitant of the same state
A list of all persons voted for and the number of votes for each shall be made, signed, certified, and transmitted to the President of the Senate
The President of the Senate shall open all the certificates and count the votes in the presence of the Senate and House of Representatives
The person with the greatest number of votes, if it is a majority of the whole number of electors appointed, shall be the President
If there is more than one person with a majority and an equal number of votes, the House of Representatives shall choose the President
If no person has a majority, the House of Representatives shall choose the President from the five highest on the list
The votes for President shall be taken by states, with each state having one vote
A quorum for this purpose shall consist of members from two-thirds of the states, and a majority of all the states shall be necessary for choice
The person with the greatest number of votes of the electors shall be the Vice President
If there are two or more persons with equal votes, the Senate shall choose the Vice President
Clause 4: Time of choosing Electors and Day of Voting
Congress may determine the time of choosing electors and the day on which they shall give their votes, which shall be the same throughout the United States
Clause 5: Eligibility for Office of President
Only a natural-born citizen or a citizen of the United States at the time of the adoption of the Constitution shall be eligible for the office of President
No person shall be eligible for the office of President who has not attained the age of thirty-five years and been a resident within the United States for fourteen years
Clause 6: Succession and Disability of the President
In case of the removal, death, resignation, or inability of the President to discharge the powers and duties of the office, the same shall devolve on the Vice President
Congress may provide for the case of removal, death, resignation, or inability of both the President and Vice President, and declare what officer shall act as President until the disability is removed or a President is elected
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Presidential powers and duties
President's compensation and emoluments
President receives compensation that cannot be increased or decreased during their elected term
President cannot receive any other emolument from the United States during their term
Oath of Office
President must take an oath to faithfully execute the Office of President and protect the Constitution
Commander in Chief
President is the Commander in Chief of the Army, Navy, and Militia when called into service
Power to grant reprieves and pardons
President has the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment
Power to make treaties and appoint officers
President can make treaties with the advice and consent of the Senate
President can appoint ambassadors, public ministers, consuls, judges, and other officers with the advice and consent of the Senate
Power to fill vacancies during Senate recess
President can fill up vacancies that occur during the Senate recess with temporary commissions
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Judicial branch
Judicial power vested in one supreme Court and inferior Courts established by Congress
Judges hold their offices during good behavior and receive compensation
Jurisdiction of the Federal Courts
Judicial power extends to cases under the Constitution, laws of the United States, and treaties
Jurisdiction includes cases involving ambassadors, public ministers, consuls, admiralty and maritime matters, controversies involving the United States, states, and citizens
Supreme Court has original jurisdiction in cases involving ambassadors, public ministers, consuls, and states
Supreme Court has appellate jurisdiction in other cases, with exceptions and regulations determined by Congress
Trial of crimes and treason
Crimes, except impeachment, are tried by jury in the state where they were committed
Treason defined as levying war against the United States or adhering to their enemies
Treason requires testimony of two witnesses or confession in open court
Congress has the power to declare punishment for treason, but no attainder of treason can result in corruption of blood or forfeiture beyond the life of the person attainted
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Rights and responsibilities of citizens and states
Full faith and credit given to public acts, records, and judicial proceedings of other states
Citizens entitled to privileges and immunities in other states
Fugitives from justice must be delivered up to the state with jurisdiction over the crime
No discharge from service or labor in one state when escaping to another state
Admission of new states
Congress can admit new states into the Union
No new state can be formed within the jurisdiction of another state without consent
Congress has power to make rules and regulations regarding territory and property of the United States
Guarantee of Republican Form of Government
United States guarantees every state a Republican Form of Government
United States will protect states against invasion and domestic violence upon request of the legislature or executive
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Article V9: About the Supreme Law of the Land
Clause 1: Debts and engagements before the adoption of the Constitution are valid under the Constitution.
Clause 2: The Constitution, laws of the United States, and treaties made under the authority of the United States are the supreme law of the land. Judges in every state are bound by them.
Clause 3: Senators, Representatives, state legislators, and executive and judicial officers are bound by oath or affirmation to support the Constitution. No religious test is required for any office or public trust under the United States.
Article V99: About Ratification
The ratification of nine states is sufficient to establish the Constitution between the ratifying states.
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Amendments: Bill of Rights
Freedom of religion, speech, press, assembly, and petition
Congress cannot establish a religion or prohibit the free exercise of religion.
Congress cannot abridge the freedom of speech, press, or the right of the people to peacefully assemble and petition the government for grievances.
Right to keep and bear arms
The right of the people to keep and bear arms shall not be infringed.
Freedom from quartering of soldiers
No soldier shall be quartered in any house without the consent of the owner, except in a manner prescribed by law.
Protection against unreasonable searches and seizures
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated.
Rights of the accused
No person shall be held to answer for a capital or infamous crime without presentment or indictment of a grand jury, except in cases arising in the land or naval forces or the militia during war or public danger.
No person shall be subject to be twice put in jeopardy of life or limb for the same offense.
No person shall be compelled to be a witness against themselves in any criminal case.
No person shall be deprived of life, liberty, or property without due process of law.
Private property shall not be taken for public use without just compensation.
Right to a speedy and public trial, and other rights of the accused
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury.
The accused has the right to be informed of the nature and cause of the accusation, to confront witnesses against them, to obtain witnesses in their favor, and to have the assistance of counsel for their defense.
Right to trial by jury and limitations on re-examination of facts
In suits at common law where the value in controversy exceeds twenty dollars, the right to trial by jury shall be preserved.
No fact tried by a jury shall be re-examined in any court of the United States, except according to the rules of the common law.
Protection against excessive bail, fines, and cruel and unusual punishments
Excessive bail shall not be required, excessive fines shall not be imposed, and cruel and unusual punishments shall not be inflicted.
Other rights retained by the people
The enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people.
Powers reserved to the states and the people
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states or the people.
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Amendment II exempts the United States from being sued by citizens of another state or citizens/subjects of a foreign state in any law or equity suit.
The process of electing the President and Vice-President is outlined in the 12th Amendment.
Electors meet in their respective states and vote by ballot for President and Vice-President.
The President of the Senate opens the certificates and counts the votes.
The person with the majority of votes becomes the President, and if there is no majority, the House of Representatives chooses the President.
The Vice-President is chosen based on the person with the greatest number of votes as Vice-President.
The House of Representatives and the Senate have specific roles in the election process.
The Vice-President acts as President if the House of Representatives fails to choose a President before March 4th.
The eligibility for the office of Vice-President is tied to the eligibility for the office of President.
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The 13th Amendment abolishes slavery and involuntary servitude, except as punishment for a crime.
The 14th Amendment establishes that all persons born or naturalized in the United States are citizens and have certain rights.
No state can make or enforce laws that abridge the privileges or immunities of citizens.
No person can be deprived of life, liberty, or property without due process of law.
No person can be denied equal protection of the laws.
The basis of representation in a state is reduced if the right to vote is denied or abridged for male citizens.
Certain individuals who engaged in insurrection or rebellion against the United States are disqualified from holding office, but Congress can remove this disability.
The public debt of the United States is valid and cannot be questioned, but debts incurred in aid of insurrection or rebellion are illegal and void.
The 15th Amendment guarantees the right to vote for citizens, regardless of race, color, or previous condition of servitude.
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The 16th Amendment grants Congress the power to collect taxes on incomes without apportionment among the states.
The 17th Amendment establishes the election of Senators by the people of each state for six-year terms.
The qualifications for electors of Senators are the same as those for the most numerous branch of the state legislatures.
The 18th Amendment prohibits the manufacture, sale, or transportation of intoxicating liquors for beverage purposes.
The 19th Amendment grants women the right to vote.
The 20th Amendment sets the end and beginning dates for the terms of the President, Vice-President, Senators, and Representatives.
Congress must assemble at least once a year, and the President-elect becomes President if the President-elect dies before taking office.
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Section 1: If the President-elect fails to qualify, the Vice President-elect will act as President until the President qualifies.
Congress can provide for the case where neither the President-elect nor the Vice President-elect qualifies.
Section 4: Congress can provide for the case of the death of the persons from whom the House of Representatives or the Senate chooses the President or Vice President.
21st AMENDMENT:
Section 1: Repeals the 18th article of amendment to the Constitution, which prohibited the transportation or importation of intoxicating liquors.
Section 2: Prohibits the transportation or importation of intoxicating liquors in violation of the laws of any State, Territory, or possession of the United States.
22nd AMENDMENT:
Section 1: Limits the President to being elected to office for a maximum of two terms.
Exception: If a person is already holding the office of President when this amendment was proposed, they are not affected by this limitation.
Note: This amendment establishes a term limit for the President.
23rd AMENDMENT:
Section 1: The District constituting the seat of government of the United States shall appoint electors of President and Vice President.
The number of electors shall be equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a state.
These electors shall be in addition to those appointed by the states and shall be considered electors appointed by a state for the purposes of the election of President and Vice President.
They shall meet in the District and perform their duties as provided by the twelfth article of amendment.
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24th AMENDMENT:
Section 1: The right of citizens of the United States to vote in any primary or other election for President, Vice President, electors, Senator, or Representative shall not be denied or abridged by the United States or any state due to failure to pay any poll tax or other tax.
25th AMENDMENT:
Section 1: In case of the removal, death, or resignation of the President, the Vice President shall become President.
Section 2: If there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who will take office upon confirmation by a majority vote of both Houses of Congress.
Section 3: If the President declares in writing that he is unable to discharge the powers and duties of his office, the Vice President shall act as Acting President until the President declares otherwise.
Section 4: If the Vice President and a majority of the principal officers of the executive departments or another body designated by Congress declare in writing that the President is unable to discharge his duties, the Vice President shall immediately assume the powers and duties of the office as Acting President. Congress will then decide the issue.
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26th AMENDMENT:
Section 1: The right of citizens of the United States, who are 18 years of age or older, to vote shall not be denied or abridged by the United States or any state on account of age.
Section 2: Congress has the power to enforce this amendment through appropriate legislation.
27th AMENDMENT:
No law varying the compensation for the services of Senators and Representatives shall take effect until an election of Representatives has intervened.
NOTES:
Note 12: The first ten amendments to the Constitution were proposed by the First Congress on September 25, 1789.
Note 13: Only the 13th, 14th, 15th, and 16th amendments had numbers assigned to them at the time of ratification.
Note 14: This sentence has been superseded by section of amendment XX.
Note 15: See amendment XIX and section of amendment XXVI.
Note 16: Repealed by section of amendment XXI.
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NOTES:
Note 1: This text of the Constitution follows the engrossed copy signed by Gen. Washington and the deputies from 12 States.
Note 2: The part of this Clause relating to the mode of apportionment of representatives among the several States has been affected by Section of amendment XIV, and as to taxes on incomes without apportionment by amendment XVI.
Note 3: This Clause has been affected by Clause of amendment XVII.
Note 4: This Clause has been affected by Clause 2 of amendment XVIII.
Note 5: This Clause has been affected by amendment XX.
Note 6: This Clause has been affected by amendment XXVII.
Note 7: This Clause has been affected by amendment XVI.
Note 8: This Clause has been superseded by amendment XII.
Note 9: This Clause has been affected by amendment XXV.
Note 10: This Clause has been affected by amendment XL.
Note 11: This Clause has been affected by amendment XIII