From: http://www.iwantmyvote.com/newsclips/2005/jan/news2005-01-04b.php
January 4, 2005, The Modesto Bee (Editorial)
Excerpt from the article:
A new year calls for new thinking. Let's begin by rethinking how we elect the president of the United States. Sen. Dianne Feinstein recently remarked that the current Electoral College system is an anachronism and should be replaced. She's right.
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Those who opposed direct election said, "The people are uninformed, and would be misled by a few designing men." Others thought the large size of the country "renders it impossible that the people can have the requisite capacity to judge of the respective pretensions of the Candidates." ... The real sticking point against direct election came from Southern states who feared being at a disadvantage since part of their population, slaves, was forbidden from voting. |
The Electoral College was an anachronism from the beginning. It was a jerry-built contraption adopted because delegates at the 1787 Constitutional Convention couldn't agree on a method to elect the president. And it was the first piece of constitutional machinery to break down. The first change was the 12th Amendment in 1804, which was a result of the disastrous 1800 election.
The
Electoral College has been changed many times: of 15 constitutional amendments
after 1800, five have directly changed the original Electoral College system.
Four more have indirectly changed it by broadening the right to vote in
presidential elections.
After more than 200 years, it's time to craft a better system.
To do that, it is instructive to read the original debates from the 1787
Constitutional Convention. The arguments in favor of direct election by the
people hold up even better today than they did then.
James Wilson and Gouveneur Morris of Pennsylvania championed election by the
people. Wilson wanted the president to be independent of Congress and the
states. Morris said the president should be "guardian of the people"
and, thus, elected by the people.
Those who opposed direct election said, "The people are uninformed, and
would be misled by a few designing men." Others thought the large size of
the country "renders it impossible that the people can have the requisite
capacity to judge of the respective pretensions of the Candidates."
Those arguments were nonsense then; they're ridiculous in an age of universal
education and information transmitted at the speed of light.
Roger Sherman of Connecticut feared that direct election would allow large
states to dominate the presidency. James Madison of Virginia, who supported
direct election by the people, replied that "great as this objection might
be," it paled in comparison to problems with other election methods. The
real sticking point against direct election came from Southern states who
feared being at a disadvantage since part of their population, slaves, was
forbidden from voting.
Deadlocked between direct election and election by Congress, the convention
referred the issue to the Committee on Detail, which revived Wilson's
compromise proposal to have the president be "chosen by Electors to be
chosen by the people of the several States." That last-minute compromise
was how the Electoral College was born. It clearly is an artifact produced by
deadlock. It is not a venerable institution to be saved at all cost.
It has been rife with problems throughout its history. In the 1824 election,
for example, Andrew Jackson led in the Electoral College and popular vote, but
didn't have a majority. So the election went to the House of Representatives,
which elected runner-up John Quincy Adams.
Since then, three others have lost the popular vote and won the Electoral
College vote: Rutherford B. Hayes in 1876, Benjamin Harrison in 1888 and George
W. Bush in 2000. Twenty-two elections have been close enough that this could
have occurred. In the last election, for example, if John Kerry had won Ohio,
Bush would have won the national popular vote, but lost the Electoral College
vote and the presidency, a perverse result.
Feinstein and Rep. Zoe Lofgren, D-San Jose, plan to propose a constitutional
amendment to replace the Electoral College with direct election of the
president. Others have suggested allotting Electoral College votes of each
state by share of popular vote, rather than the present winner-take-all system.
A candidate with 55 percent of a state's popular vote would win 55 percent of
that state's electoral votes; a runner-up with 45 percent of the popular vote
would win 45 percent of the electoral votes.
Either option is better than what we have.
Some fear that change would negatively affect small states. Yet these states
already enjoy disproportionate power in the U.S. Senate; Wyoming gets two U.S.
senators, same as California. Why should small states also get disproportionate
power in electing the president? We shouldn't have a system where large states
are ignored in presidential elections, as has happened to California in recent
years.
This principle should guide the thinking in establishing a new system: The
presidency is a national office and election of the president should reflect
the directly expressed will of the American people.
From: http://www.electoral-vote.com/evp2004/info/electoral-college.html
The Electoral College
The United States is the oldest continuously functioning democracy in the world. Its constitution was ratified in 1788 and has been amended only 27 times since then. The first 10 of these amendments, called the Bill of Rights, were approved in 1790. Amending the constitution is (by design) an exceptionally difficult procedure, as described near the end of this page.
The procedure for electing a president is spelled out in Article II. Each state is entitled to a number of electors equal to that state's representation in Congress (Senate + House). Since each state has two senators and at least one Representative, every state has at least three electors. Currently California has the largest number of electors: 55. The electors meet in their respective state capitals in December of each election year to cast their votes for president and vice president. These electors, who together form the electoral college, are the ones who actually elect the president. If no candidate gets a majority of the electoral vote, the House of Representatives elects the president, with each state having one vote. This happened in 1800 and again in 1824.
Each state is free to choose its electors as it wishes. In the 18th Century, America was largely rural and most people were farmers who knew little about politics. In this climate, a direct election of the president would probably have been difficult in any case. In the early days of the nation, electors were chosen due to their wisdom and knowledge of politics, not due to their preference for any particular candidate. Even in the modern world, direct election of a distant president is not always so easy. For example, the European Union does not have a direct election for its president. Instead, a complex system exists in which countries, not citizens, are the key players, exactly like the role of the states in the U.S.
Each state determines how its electors are chosen by state law and the process varies from state to state. In states with primary elections, each presidential candidate usually designates a slate of electors who then appear on the November ballot. The voters are then actually voting for a slate of electors pledged to one candidate or another. In caucus states, the electors may be chosen at the state caucus. Electors are actual human beings, with houses, children, jobs, and very occasionally, their own opinions. In most states, the slate of electors that gets the most votes wins and gets to travel to the state capital in December to vote for president and vice president. In the bitterly contested election in Florida in 2000, George Bush carried the state by 537 votes out of over six million cast, and thus got all 25 of Florida's electoral votes. Since it is the electoral vote, not the popular vote, that actually elects the president, keeping track of it is crucial for people who want to know how the campaign is going. This website is designed to make it easy to track the electoral vote. http://www.electoral-vote.com/evp2004/info/electoral-college.html
Many criticisms have been leveled at this 18th Century system. First, why have electoral votes at all? Why not just elect the president by popular vote? The reason this system has never changed is simple: politics. States with many buffalo and few people, like Wyoming, benefit from it and are not keen on changing it. Since every state gets at least three electors, low-population states have proportionally far more political power than they would have in a direct election system. The number of voters per elector is about four times smaller in the three-elector states than in the most-populous states, as shown in this table. The fact that nearly all the low-population states are heavily Republican adds to the difficulties of changing the system. Direct election of the president would eliminate the current bias in favor of the Republicans.
Getting rid of the electoral college would require a constitutional amendment. Amending the constitution is (by design) an exceptionally difficult process requiring not only 2/3 majorities of both houses of Congress, but also by the legislatures of 3/4 of the states. Even in 1788, the Founding Fathers knew that politicians often made outrageous promises. They wanted to make sure the constitution, which most Americans regard as sacred, could only be changed when there was a massive consensus in favor of the change. To give a modern example, president George W. Bush has called for a constitutional amendment stating that a marriage shall be a union between exactly one man and one woman. The Founding Fathers well understood that political slogans like this should not find their way into the constitution too easily, so they made the process very difficult. Changing the electoral college system will not be easy.
A second criticism of the electoral college is its winner-take-all character. If Florida's 25 electoral votes had been split 13 for George Bush and 12 for Al Gore, then Al Gore would now be president. There is nothing in the constitution mandating winner-take-all. The manner for choosing electors is regulated by state law. In fact, two states, Maine and Nebraska, do not use winner-take-all. In those states, the winner of each congressional district gets one elector and the winner of the state as a whole gets an additional two. Any state that wanted to adopt this system need only pass a state law to do so. No constitutional amendment is required.
In his book Fixing Elections: The Failure of America's Winner-Take-All Politics Steven Hill argues for Instant Runoff Voting. In this system, each voter would designate a first choice, a second choice, etc. After all the votes have been cast, everyone's first choice is counted. If some candidate has a majority, he or she is elected. If not, the candidate with the fewest number of votes is disqualified and his or her votes redistributed to the voter's second choice candidate. This process is repeated until some candidate has a majority. In 2000 under this system, voters could have designated Ralph Nader as their first choice and Al Gore as their second choice. When the first choice votes were counted and it was discovered, for example, that Nader came in last (not really, since there were even more minor candidates), his votes would then have been given to the second choice candidate. In effect, a voter could have said: "I want Ralph Nader but if I can't have him, I'll settle for Al Gore." With instant runoff voting, this is possible. This system is used in some municipal elections. Again, any state that chose to adopt it need only pass a state law to do so. No constitutional amendment is required.
The third objection to the electoral college is the so-called faithless elector problem. As mentioned above, electors are actual human beings, with all the properties that go along with that. In particular, when they meet in December in their respective state capitals, they sometimes do not vote for the candidate they are officially pledged to. In 1948, for example, Truman elector Preston Parks of Tennessee, voted for Strom Thurmond who was running on the pro-segregation Dixiecrat ticket. In 1960, Nixon elector Henry D. Irwin of Oklahoma voted for Virginia Senator Harry F. Byrd, then an ardent segregationist. In 2000, one of Gore's D.C.'s electors, Barbara Lett-Simmons, cast a blank ballot in protest of the District's lack of congressional representation. None of these faithless electors changed the outcome of their respective elections, but in a close election in the future, it might be possible for a candidate to bribe enough electors to swing the election. At the very least, state law could make voting the wrong way a felony with life in prison as the punishment.
If Congress wanted to keep the electoral college but make it fairer, there is a simple (but unlikely) solution: increase the size of the House of Representatives. There is nothing in the constitution mandating a particular size except that each member must represent at least 30,000 people (which puts an upper limit on the House of about 10,000 members). In fact, the House has been expanded repeatedly in the past as the nation grew. The most recent expansion was in 1911, when the U.S. population was about 93 million, so a representative had 212,000 constituents. With the current population of 293 million, a representative has 674,000 constituents. To bring this number back to its 1911 value, the House should be expanded to 1370 members. Since a state's electoral vote is equal to its congressional representation, with 1370 House members, the effect of the 100 senators would be much smaller and the electoral votes would be almost proportional to population. To increase the size of the House, Congress would merely have to pass a law; the states would not be involved at all.
Even without any changes, the system does offer some flexibility. In New York State, for example, there is a Liberal Party and a Conservative Party, and both are on the ballot at every election. The Liberal Party usually nominates the same person as the Democrats and the Conservative Party usually nominates the same person as the Republicans. As long as each party gets enough votes, it retains its status as a recognized party and gets on the ballot automatically at the next election. It has been suggested that if Ralph Nader were to choose the Kerry electors as his electors in each state he gets on the ballot, then people could express their support for him, and provide impetus to his movement, but a vote for Nader would (literally) be a vote for Kerry. This would no doubt encourage many people to vote for him knowing that such a vote would not help George Bush.
Here is a blank map of the U.S. with the electoral votes marked for teachers to use in school.
By State:
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State Information This table provides information about the 50 states and D.C., including the state name, abbreviation, electoral votes, population, people per electoral vote, and the party of the governor, senators, and members of the U.S. House of Representatives. This table is also available in Excel and as a .csv file.
For more information about the 50 states, from the Governor to the state bird, this site is great. |
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http://www.netstate.com/states/index.html
http://www.electoral-vote.com/evp2004/index.html
Index | Bill of Rights | Additional Amendments
[Constitution for the United States of America][1]
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure 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.
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 [Modified by Amendment XIV]. 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 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 [Modified by Amendment XVII], 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 temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies [Modified by Amendment XVII].
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 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 [Modified by Amendment XX], 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 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;[2] 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 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;
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 repel 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.
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 of 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 or 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.
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.
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 Representation 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 [Modified by Amendment XII].
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.
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 [Modified by Amendment XXV].
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased 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 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 of 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.
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 [Modified by Amendment XI]; — 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 appellate 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.
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 [Modified by Amendment XIII].
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 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 [Possibly abrogated by Amendment XVII].
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.
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.
The Word, "the," being interlined between the seventh and eighth Lines of the first Page, The Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.
Attest William Jackson
Secretary
done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,
Go. WASHINGTON — Presidt.
and deputy from Virginia
New Hampshire {
JOHN LANGDON
NICHOLAS GILMAN
Massachusetts {
NATHANIEL GORHAM
RUFUS KING
Connecticut {
WM. SAML. JOHNSON
ROGER SHERMAN
New York . . . .
ALEXANDER HAMILTON
New Jersey {
WIL: LIVINGSTON
DAVID BREARLEY.
WM. PATERSON.
JONA: DAYTON
Pennsylvania {
B FRANKLIN
THOMAS MIFFLIN
ROBT MORRIS
GEO. CLYMER
THOS. FITZ SIMONS
JARED INGERSOLL
JAMES WILSON
GOUV MORRIS
Delaware {
GEO: READ
GUNNING BEDFORD jun
JOHN DICKINSON
RICHARD BASSETT
JACO: BROOM
Maryland {
JAMES MCHENRY
DAN OF ST THOS. JENIFER
DANL CARROLL
Virginia {
JOHN BLAIR
JAMES MADISON jr
North Carolina {
WM. BLOUNT
RICHD. DOBBS SPAIGHT
HU WILLIAMSON
South Carolina {
J. RUTLEDGE
CHARLES COTESWORTH PINCKNEY
CHARLES PINCKNEY
PIERCE BUTLER
Georgia {
WILLIAM FEW
ABR BALDWIN
In Convention Monday, September 17th, 1787.
Present
The States of
New Hampshire, Massachusetts, Connecticut, MR. 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 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 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
Go. WASHINGTON — Presidt.
W. JACKSON Secretary.
Notes:
1. The title was not a part of the original document. It was added when the document was printed.
2. Our scanned images show this as a semi-colon, but an image at a congressional site shows a comma.
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