| Primary
Source Documents:
Constitution of the United States of America (ca.
1860)
PREAMBLE
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.
ARTICLE I
Section 1. Legislative powers; in whom vested
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. House of Representatives, how and
by whom chosen Qualifications of a Representative.
Representatives and direct taxes, how apportioned.
Enumeration. Vacancies to be filled. Power of choosing
officers, and of impeachment.
1. The House of Representatives shall be composed
of members chosen every second year by the people
of the several States, and the elector in each State
shall have the qualifications requisite for electors
of the most numerous branch of the State Legislature.
2. No person shall be a Representative who shall
not have attained 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.
3. Representatives [and direct taxes] {Altered by
16th Amendment} 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 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.]
{Altered by 14th Amendment} 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 choose three,
Massachusetts eight, Rhode Island and Providence Plantations
one, Connecticut five, New York six, New Jersey four,
Pennsylvania eight, Delaware one, Maryland six, Virginia
ten, North Carolina five, South Carolina five, and
Georgia three.
4. When vacancies happen in the representation from
any State, the Executive Authority thereof shall issue
writs of election to fill such vacancies.
5. The House of Representatives shall choose their
Speaker and other officers; and shall have the sole
power of impeachment.
Section 3. Senators, how and by whom chosen.
How classified. State Executive, when to make temporary
appointments, in case, etc. Qualifications of a Senator.
President of the Senate, his right to vote. President
pro tem., and other officers of the Senate, how chosen.
Power to try impeachments. When President is tried,
Chief Justice to preside. Sentence.
1. The Senate of the United States shall be composed
of two Senators from each State, [chosen by the Legislature
thereof,] {Altered by 17th Amendment} for six years;
and each Senator shall have one vote.
2. Immediately after they shall be assembled in
consequence of the first election, they shall be divided
as equally as may be into three classes. The seats
of the Senators of the first class shall be vacated
at the expiration of the second year, of the second
class at the expiration of the fourth year, and of
the third class at the expiration of the sixth year,
so that 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.] {Altered by 17th Amendment}
3. No person shall be a Senator who shall not have
attained to the age of thirty years, and been nine
years a citizen of the United States, and who shall
not, when elected, be an inhabitant of that State
for which he shall be chosen.
4. The Vice-President of the United States shall
be President of the Senate, but shall have no vote,
unless they be equally divided.
5. The Senate shall choose their other officers,
and also a President pro tempore, in the absence of
the Vice President, or when he shall exercise the
office of the President of the United States.
6. The Senate shall have the sole power to try all
impeachments. When sitting for that purpose, they
shall be on oath 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.
7. Judgement 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, judgement and punishment, according to law.
Section 4. Times, etc., of holding elections,
how prescribed. One session in each year.
1. 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 choosing Senators.
2. The Congress shall assemble at least once in
every year, and such meeting shall be [on the first
Monday in December,] {Altered by 20th Amendment} unless
they by law appoint a different day.
Section 5. Membership, Quorum, Adjournments,
Rules, Power to punish or expel. Journal. Time of
adjournments, how limited, etc.
1. 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.
2. Each House may determine the rules of its proceedings,
punish its members for disorderly behavior, and, with
the concurrence of two-thirds, expel a member.
3. Each House shall keep a journal of its proceedings,
and from time to time publish the same, excepting
such parts as may in their judgement 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.
4. 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. Compensation, Privileges, Disqualification
in certain cases.
1. 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.
2. 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 increased 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. House to originate all revenue bills.
Veto. Bill may be passed by two-thirds of each House,
notwithstanding, etc. Bill, not returned in ten days
to become a law. Provisions as to orders, concurrent
resolutions, etc.
1. 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.
2. 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.
3. 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 re-passed 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. Powers of Congress
The Congress shall have the power 1. 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:
2. To borrow money on the credit of the United States:
3. To regulate commerce with foreign nations, and
among the several states, and with the Indian tribes:
4. To establish an uniform rule of naturalization,
and uniform laws on the subject of bankruptcies throughout
the United States:
5. To coin money, regulate the value thereof, and
of foreign coin, and fix the standard of weights and
measures:
6. To provide for the punishment of counterfeiting
the securities and current coin of the United States:
7. To establish post-offices and post-roads:
8. 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:
9. To constitute tribunals inferior to the supreme
court:
10. To define and punish piracies and felonies committed
on the high seas, and offences against the law of
nations:
11. To declare war, grant letters of marque and
reprisal, and make rules concerning captures on land
and water:
12. To raise and support armies, but no appropriation
of money to that use shall be for a longer term than
two years:
13. To provide and maintain a navy:
14. To make rules for the government and regulation
of the land and naval forces:
15. To provide for calling forth the militia to
execute the laws of the union, suppress insurrections
and repel invasions:
16. 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:
17. 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, 18. 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. Provision as to migration or importation
of certain persons. Habeas Corpus, Bills of attainder,
etc. Taxes, how apportioned. No export duty. No commercial
preference. Money, how drawn from Treasury, etc. No
titular nobility. Officers not to receive presents,
etc.
1. 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 1808, but a tax or duty may be imposed
on such importations, not exceeding 10 dollars for
each person.
2. 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.
3. No bill of attainder or ex post facto law shall
be passed.
4. [No capitation, or other direct tax shall be
laid unless in proportion to the census or enumeration
herein before directed to be taken.] {Altered by 16th
Amendment}
5. No tax or duty shall be laid on articles exported
from any state.
6. 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.
7. 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.
8. No title of nobility shall be granted by the
United States: And no person holding any office or
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. States prohibited from the exercise
of certain powers.
1. 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.
2. 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 its
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 control of the Congress.
3. 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 a war, unless actually invaded, or in
such imminent danger as will not admit of delay.
ARTICLE II
Section 1. President: his term of office. Electors
of President; number and how appointed. Electors to
vote on same day. Qualification of President. On whom
his duties devolve in case of his removal, death,
etc. President's compensation. His oath of office.
1. The Executive power shall be vested in a President
of the United States of America. He shall hold office
during the term of four years, and together with the
Vice President, chosen for the same term, be elected
as follows
2. [Each State] {Altered by 23rd Amendment} shall
appoint, in such manner as the Legislature 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 each; which list they shall sign
and certify, and transmit sealed to the seat of 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 choose 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 choose the President.
But in choosing 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 choose from them by ballot
the Vice President.] {Altered by 12th Amendment}
3. The Congress may determine the time of choosing
the electors, and the day on which they shall give
their votes; which day shall be the same throughout
the United States.
4. 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.
5. [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.] {Altered by 25th Amendment}
6. 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.
7. 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 the 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. President to be Commander-in-Chief.
He may require opinions of cabinet officers, etc.,
may pardon. Treaty-making power. Nomination of certain
officers. When President may fill vacancies.
1. 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 offenses against the United States, except
in cases of impeachment.
2. 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.
3. The President shall have the 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. President shall communicate to Congress.
He may convene and adjourn Congress, in case of disagreement,
etc. Shall receive ambassadors, execute laws, and
commission officers.
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 may 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. All civil offices forfeited for certain
crimes.
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. Judicial powers. Tenure. Compensation.
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. Judicial power; to what cases it extends.
Original jurisdiction of Supreme Court Appellate.
Trial by Jury, etc. Trial, where
1. The judicial power shall extend to all cases,
in law and equity, arising under this constitution,
the laws of the United States, and treaties made,
or which shall be made under their authority; to all
cases affecting ambassadors, other public ministers
and consuls; to all cases of admiralty and maritime
jurisdiction; to controversies to which the United
States shall be a party; [to controversies between
two or more states, between a state and citizens of
another state, between citizens of different states,
between citizens of the same state, claiming lands
under grants of different states, and between a state,
or the citizens thereof, and foreign states, citizens
or subjects.] {Altered by 11th Amendment}
2. In all cases affecting ambassadors, other public
ministers and consuls, and those in which a state
shall be a 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.
3. 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 defined. Proof of. Punishment
1. 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.
2. 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. Each State to give credit to the public
acts, etc. of every other State.
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. Privileges of citizens of each State.
Fugitives from Justice to be delivered up. Persons
held to service having escaped, to be delivered up.
1. The citizens of each state shall be entitled
to all privileges and immunities of citizens in the
several states. {See the 14th Amendment}
2. A person charged in any state with treason, felony,
or other crime, who shall flee 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.
3. [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.] {Altered by 13th Amendment}
Section 3. Admission of new States. Power of
Congress over territory and other property.
1. 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,
without the consent of the legislatures of the states
concerned, as well as of the Congress.
2. 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. Republican form of government guaranteed.
Each State to be protected.
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
Amendments
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 1808, shall in
any manner affect the first and fourth clauses in
the ninth section of the first article; and that no
state, without its consent, shall be deprived of its
equal suffrage in the Senate.
ARTICLE VI
1. 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.
2. 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.
3. 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 Ten Original Amendments The Bill of Rights.
Passed by Congress September 25, 1789. Ratified December
15, 1791.
AMENDMENT I
Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof;
or abridging the freedom of speech, or of the press;
or the right of the people peaceably to assemble,
and to petition the Government for a redress of grievances.
AMENDMENT II
A well-regulated militia, being necessary to the
security of a free State, the right of the people
to keep and bear arms, shall not be infringed.
AMENDMENT III
No soldier shall, in time of peace be quartered in
any house, without the consent of the owner, nor in
time of war, but in a manner to be prescribed by law.
AMENDMENT IV
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and
no warrants shall issue, but upon probable cause,
supported by oath or affirmation, and particularly
describing the place to be searched, and the persons
or things to be seized.
AMENDMENT V
No person shall be held to answer for a capital,
or otherwise infamous crime, unless on a presentment
or indictment of a Grand Jury, except in cases arising
in the land or naval forces, or in the militia, when
in actual service in time of war or public danger;
nor shall any person be subject for the same offense
to be twice put in jeopardy of life or limb; nor shall
be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty,
or property, without due process of law; nor shall
private property be taken for public use without just
compensation.
AMENDMENT VI
In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the
crime shall have been committed, which district shall
have been previously ascertained by law, and to be
informed of the nature and cause of the accusation;
to be confronted with the witnesses against him; to
have compulsory process for obtaining witnesses in
his favor, and to have the assistance of counsel for
his defense.
AMENDMENT VII
In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by
jury shall be preserved, and no fact tried by a jury
shall be otherwise reexamined in any court of the
United States, than according to the rules of the
common law.
AMENDMENT VIII
Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
AMENDMENT IX
The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others
retained by the people.
AMENDMENT X
The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States,
are reserved to the States respectively, or to the
people.
AMENDMENT XI
Passed by Congress March 4, 1794. Ratified February
7, 1795.
The judicial power of the United States shall not
be construed to extend to any suit in law or equity,
commenced or prosecuted against one of the United
States by citizens of another State, or by citizens
or subjects of any foreign state.
AMENDMENT XII
Passed by Congress December 9, 1803. Ratified July
27, 1804.
The Electors shall meet in their respective States
and vote by ballot for President and Vice-President,
one of whom, at least, shall not be an inhabitant
of the same State with themselves; they shall name
in their ballots the person voted for as President,
and in distinct ballots the person voted for as Vice-President,
and of the number of votes for each, which lists 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 for President, shall
be the President, if such number be a majority of
the whole number of Electors appointed; and if no
person have such majority, then from the persons having
the highest numbers not exceeding three on the list
of those voted for as President, the House of Representatives
shall choose immediately, by ballot, the President.
But in choosing 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. And if the House of Representatives shall
not choose a President whenever the right of choice
shall devolve upon them, [before the fourth day of
March next following,] {Altered by 20th Amendment}
then the Vice-President shall act as President, as
in case of the death or other constitutional disability
of the President. The person having the greatest number
of votes as Vice-President, shall be the Vice-President,
if such numbers be a majority of the whole number
of electors appointed, and if no person have a majority,
then from the two highest numbers on the list, the
Senate shall choose the Vice-President; a quorum for
the purpose shall consist of two-thirds of the whole
number of Senators, and a majority of the whole number
shall be necessary to a choice. But no person constitutionally
ineligible to the office of President shall be eligible
to that of Vice-President of the United States.
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