US Constitution

Written in 1787, ratified in 1788, and in operation since 1789, the United States Constitution is the world’s longest surviving written charter of government.  Its first three words – “We The People” – affirm that the government of the United States exists to serve its citizens.  The supremacy of the people through their elected representatives is recognized in Article I, which creates a Congress consisting of a Senate and a House of Representatives. The positioning of Congress at the beginning of the Constitution reaffirms its status as the “First Branch” of the federal government.

The Constitution assigned to Congress responsibility for organizing the executive and judicial branches, raising revenue, declaring war, and making all laws necessary for executing these powers.  The president is permitted to veto specific legislative acts, but Congress has the authority to override presidential vetoes by two-thirds majorities of both houses.  The Constitution also provides that the Senate advise and consent on key executive and judicial appointments and on the ratification of treaties.

For over two centuries the Constitution has remained in force because its framers successfully separated and balanced governmental powers to safeguard the interests of majority rule and minority rights, of liberty and equality, and of the central and state governments.  More a concise statement of national principles than a detailed plan of governmental operation, the Constitution has evolved to meet the changing needs of a modern society profoundly different from the eighteenth-century world in which its creators lived.

This annotated version of the Constitution provides the original text (left-hand column) with commentary about the meaning of the original text and how it has changed since 1789 (right-hand column).

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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.

The Preamble explains the purposes of the Constitution, and defines the powers of the new government as originating from the people of the United States.

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.

The Constitution divides the federal government into three branches, giving legislative powers to a bicameral (two chamber) Congress.

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.

The House of Representatives was intended to be "the people's house."  Its members were elected directly by the voters in the states, and the entire House would have to stand for election every two years.

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 need to be 25 years old (compared to 30 for senators), and 7 years a citizen (compared to 9 years for senators).  They must be residents within their states at the time of their election, but do not necessarily have to live within their districts.

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 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.

Membership in the House is apportioned according to the population of the states.  Every state must have at least one House seat.  Larger states will have many more representatives.  Every ten years, after the census has been taken, House districts are reapportioned to reflect their changing population.  For many years the House increased its size as the nation’s population grew, but in 1911 the number of representatives was fixed at 435 (together with non-voting delegates representing several territories and the District of Columbia).  Words in italics indicate provisions that were later dropped from the Constitution.  The 13th amendment abolished slavery and the 14th amendment provided that representation would be determined according to the whole number of persons in each state, not by the “three-fifths” of the slaves.  Since American Indians are now taxed, they are counted for purposes of apportionment.

When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.

Vacant House seats must be filled by election.  For the Senate, state governors may fill vacancies.

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Representatives choose their presiding officer, the Speaker, from among the membership of the majority party.  Other elected officers, such as the chaplain, clerk of the House, sergeant at arms, and doorkeeper, are not members of the House.  Impeachment is the power to remove federal officers.  The House initiates the process by voting to impeach, which then refers the matter to the Senate for a trial.

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.

Each state has two senators, regardless of the size of its population.  Originally, senators were chosen by state legislatures.  In 1913 the 17th amendment provided that senators would be directly elected by the people.

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.

From the beginning, senators were divided into three groups for staggered elections, so that one-third of the seats are filled every two years.  The italicized parts, regarding the filling of vacancies, were altered by the 17th amendment.

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.

As with representatives, the Constitution fixes the qualifications a person must meet to be eligible to be a senator.

The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.

As the presiding officer of the Senate, the vice president may vote only to break a tie.

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.

Except for the Vice President, the Senate elects its own officers.  The President pro tempore is usually the longest-serving member of the majority party.  Other elected officers include a chaplain, secretary of the Senate, and sergeant at arms, who are not senators.

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.

Once the House votes to impeach, the Senate conducts a trial to determine whether to convict or acquit.  A two-thirds vote is necessary to remove the individual from office.  The chief justice of the United States presides over the impeachment trial of a president.

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.

Convicted persons can be barred from holding future office, and may be subject to criminal trial in the courts.

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.

Federal elections are conducted by the individual states, although Congress has gradually enacted laws that regulate those elections.  The 17th amendment made the treatment of the election of senators and representatives the same.

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.

The 20th amendment changed this provision for the convening of Congress from the first Monday in December to the 3rd of January.

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.

The House and Senate decide whether their members are qualified to serve and have been properly elected, and determine any disputed elections.  One-half plus one of each house is necessary to make a quorum to conduct business.

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.

The Senate and House each sets its own rules, disciplines its own members, and by a two-thirds vote can expel a member.  Censure and lesser punishments require only a majority vote.

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.

The Senate and House each publish journals listing bills passed, amendments offered, motions made, and votes taken.  In addition to these journals, Congress publishes an essentially verbatim account of its debates, called the Congressional Record.  Videotapes of floor proceedings are deposited at the National Archives.

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.

This section was included to prevent either chamber from blocking legislation through its refusal to meet.  Each chamber takes very seriously its independence of the other body.  To avoid having to ask the other chamber for permission to adjourn, the Senate and House simply conduct pro forma (as a matter of form) sessions to meet the three-day constitutional requirement.  No business is conducted at these sessions, which generally last for less than one minute.

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.

The “speech or debate” clause is a basic protection of members of Congress in a government of separated powers.  Inherited from the British parliament, the right prevents executive oppression of the legislature, and here protects members from criminal or civil liability in the performance of their legislative responsibilities.

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.

To preserve the separation of powers, no member may be appointed to an executive of judicial office that was created or accept a salary that was increased during the term to which that senator or representative was elected, nor may anyone serving in Congress simultaneously hold office in any other branch of government.

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.

The House, directly elected by the people, received authority to originate all tax bills.  The Senate, however, can amend a tax bill, and the support of both houses is necessary for the bill to become law.

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 by their Adjournment prevent its Return, in which Case it shall not be a Law.

The “presentment clause” describes the only way that a bill can become law: it must be passed in identical form by both Houses and it must be signed by the president or passed by a two-thirds vote of Congress over the president’s veto.  If, while Congress is in session, the president does not sign a bill, it automatically becomes law.  If Congress has adjourned or is in recess, the president can “pocket veto” the bill – in a sense, simply putting it in his pocket, unsigned.  Congress cannot override bills that have been pocket vetoed.

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.

This clause prevents Congress from circumventing the previous clause by calling a bill something else.  All it means is that any “order, resolution, or vote” that has the force of law must be passed in the manner of a bill.

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;

Section 8 begins the enumerated powers of the federal government delegated to Congress.  The first is the power to tax and to spend the money raised by taxes, to provide for the nation’s defense and general welfare.  This section was supplemented by the 16th amendment, which permitted Congress to levy an income tax.

To borrow Money on the credit of the United States;

Congress can borrow money through the issuance of bonds and other means.  When it borrows money, the United States creates a binding obligation to repay the debt and cannot repudiate it.

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

The “commerce clause” is one of the most far-reaching grants of power to Congress.  Interstate commerce covers all movement of people and things across state lines, and every form of communication and transportation.  The commerce clause has permitted a wide variety of federal laws, from the regulation of business to outlawing of racial segregation.  The “Indian commerce clause” has become the main source of power for congressional legislation dealing with Native Americans.

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

Acts of Congress define the requirements by which immigrants can become citizens.  Only the federal government, not the states, can determine who becomes a citizen.  Bankruptcy laws make provisions for individuals or corporations that fail to pay their debts.

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;

These clauses permit Congress to coin money and to issue paper currency.  By extension, under its ability to enact laws “necessary and proper” to carry out these powers (as stated at the end of Article 1, Section 8), Congress created the Federal Reserve System to regulate the nation’s monetary supply.

To establish Post Offices and post Roads;

The postal powers embrace all measures necessary to establish the system and to insure the safe and speedy transit and prompt delivery of the mails.  Congress may also punish those who use the mails for unlawful purposes.

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;

Copyright and patent protection of authors and inventors are authorized by this clause, although it uses neither word.

To constitute Tribunals inferior to the supreme Court;

The Constitution provides only for a Supreme Court, and left it to Congress to create lower (“inferior”) courts, and to set their jurisdictions and duties.

To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;

Every sovereign nation possesses these powers, and Congress has acted under this authority from the beginning.

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;

The “war powers” are defined here and in Article 2, Section 2.  Congress declares war, while the president wages war.  However, presidents have committed U.S. forces leading to conflict without congressional declaration of war in Korea, Vietnam, and other places, provoking national argument over the meaning of these powers.  Congress’ control of funding the military provides another check on the executive branch.

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;

Under these provisions, the right of the states to maintain a militia, including what is now the National Guard, is always subordinate to the power of Congress.  In 1795 Congress first gave the president authority to call out the militia to suppress insurrections.  Presidents employed this power to enforce federal law during desegregation disputes during the 1950s, and later during the civil disturbances in various cities during the 1960s

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

This clause enables Congress to govern the District of Columbia.  Congress has now delegated that power to a locally elected government, subject to federal oversight.  Congress also governs forts, arsenals, and other places obtained from the states for the federal government’s purposes.

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.

The “elastic clause” enlarges legislative power by enabling Congress to use any means it thinks reasonable to put these powers into action.  This clause also authorizes Congress to enact legislation necessary to carry out the powers of the other branches, for example to organize and reorganize the executive branch.

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.

This obsolete provision was designed to protect the slave trade from congressional restriction for a period of time.

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.

Habeas corpus is a judicial device by which jailed people may require their jailer to justify their imprisonment to a court.  It is a fundamental safeguard of individual liberty, and the Supreme Court has interpreted it to give federal courts review over state court convictions and to enforce federal constitutional guarantees.  It is generally accepted that only Congress has the power to suspend habeas corpus.  President Abraham Lincoln’s suspension of the right during the Civil War met with strong opposition.

No Bill of Attainder or ex post facto Law shall be passed.

A bill of attainder is a legislative act declaring the guilt of an individual or a group of persons and punishing them.  Only the courts may determine whether one has violated a criminal statute.  An ex post facto law declares an act illegal after it has been committed, or increases the punishment for an offense already committ

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