Fifty-five delegates attended at least part of the Constitutional Convention, held in Philadelphia beginning on May 25, 1787. Chosen by their state legislatures, they received instructions from Congress to revise the failing Articles of Confederation. After a summer spent debating and drafting, the Framers arrived at the final text for a new framework of government, which they signed on September 17, 1787. The drafts below show the steps they took to reach their goal: a Constitution for “We the People.”
The Constitutional Convention
Drafting the U.S. Constitution
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1787
Draft — July 24, 1787
Report of the Convention’s Resolutions »1787
Draft — August 3, 1787
Manuscript of the Committee of Detail Report »1787
Draft — August 5, 1787
Proof Copy of the Committee of Detail Report »1787
Draft — September 12, 1787
Committee of Style Report »1787
Draft — September 17, 1787
Official Printing of the U.S. Constitution »July 24, 1787
Report of the Convention’s Resolutions
Written by James Wilson, this draft lists what the Framers agreed to during the first two months of the convention. Wilson, serving on the Committee of Detail with four other delegates, used this document to create the next draft of the Constitution, which would expand and revise these resolutions. Document courtesy of the Historical Society of Pennsylvania.
July 24, 1787
James Wilson
1. RESOLVED
That the Government of the United States
There is no Preamble in this draft. As their first resolution, the Framers agreed that the government would consist of three branches that would share power: legislative, judicial, and executive.
ought to consist of a Supreme Legislative, Judiciary and Executive
2. RESOLVED
That the Legislature of the United States ought to consist of two Branches
3. RESOLVED
That the Members of the first Branch of the Legislature of the United States ought to be — elected by the People of the several States — for the Term of two Years — to be of the Age of twenty five Years at least — to be ineligible to and incapable of holding any Office under the Authority of the United States (except those peculiarly belonging to the Functions of the first Branch) during the Time of Service of the first Branch
4. RESOLVED
That the Members of the second Branch of the Legislature of the United States ought to be chosen by the Individual Legislatures — to be of the Age of thirty Years at least — to hold their Offices for the Term of six Years; one third to go out biennially—to receive a Compensation for the Devotion of their Time to the public Service — to be ineligible to and incapable of holding any Office under the Authority of the United States (except those peculiarly belonging to the Functions of the second Branch) during the Term for which they are elected, and for one Year thereafter.
5. RESOLVED
That each Branch ought to possess the Right of originating Acts.
6. RESOLVED
That the Right of Suffrage in the first Branch of the Legislature of the United States ought not to be according to the Rules established in the Articles of Confederation but according to some equitable Ratio of Representation.
7. RESOLVED
That in the original Formation of the Legislature of the United States the first Branch thereof shall consist of sixty five Members of which Number New-Hampshire shall send three — Massachussetts eight — Rhode Island one — Connecticut five — New. York six — New-Jersey four — Pennsylvania eight — Delaware one — Maryland six — Virginia ten —North. Carolina five — South Carolina five — Georgia three.
But as the present Situation of the States may probably alter in the Number of their Inhabitants, the Legislature of the United States shall be authorised from Time to Time to apportion the Number of Representatives; and in Case any of the States shall hereafter be divided, or enlarged by Addition of Territory, or any two or more States united, or any new States created within the Limits of the United States, the Legislature of the United States shall possess Authority to regulate the Number of Representatives in any of the foregoing Cases, upon the Principle of the Number of their Inhabitants, according to the Provisions herein after mentioned namely — Provided always that Representation ought to be proportioned according to direct Taxation: And in order to ascertain the Alteration in the direct Taxation, which may be required from Time to Time, by the Changes in the relative Circumstances of the States —
Resolved that a Census be taken, within six Years from the first Meeting of the Legislature of the United States, and once within the Term of every ten Years afterwards, of all the Inhabitants of the United States in the Manner and according to the Ratio recommended by Congress in their Resolution of April 18th. 1783 — This refers to the Framers’ agreement to base representation in the House on a state’s free inhabitants plus three-fifths of “all other Persons,” as articulated in later drafts. The ratio came from an earlier attempt by the Continental Congress to tax the states. With no data to support its conclusion, Congress estimated that an enslaved person produced three-fifths the amount of wealth as a free person. And that the Legislature of the United States shall proportion the direct Taxation accordingly.
Resolved that all Bills for raising or appropriating Money, and for fixing the Salaries of the Officers of the Government of the United States shall originate in the first Branch of the Legislature of the United States, and shall not be altered or amended by the second Branch; and that no Money shall be drawn from the public Treasury but in Pursuance of Appropriations to be originated by the first Branch
Resolved that from the first Meeting of the Legislature of the United States until a Census shall be taken, all Monies for supplying the public Treasury by direct Taxation shall be raised from the several States according to the Number of their Representatives respectively in the first Branch
8. RESOLVED
That in the second Branch of the Legislature of the United States each State shall have an equal Vote.
RESOLVED
That the Legislature of the United States ought to possess
RESOLVED
That the legislative Acts of the United States made by Virtue and in Pursuance of the Articles of Union, and all Treaties made and ratified under the Authority of the United States shall be the supreme Law of the respective States so far as those Acts or Treaties shall relate to the said States, or their Citizens and Inhabitants; and that the Judicatures of the several States shall be bound thereby in their Decisions, any Thing in the respective Laws of the individual States to the contrary notwithstanding.
RESOLVED
That a national Executive be instituted to consist of
to be chosen for the Term of six Years—
The Framers decided on a six-year term for a single “national executive.” This would change several times during the drafting process, often tied to the debates over the method for selecting the president.
with Power to carry into Execution the national Laws— to appoint to Offices in Cases not otherwise provided for — to be removeable on Impeachment and Conviction of mal Practice or Neglect of Duty — to receive a fixed Compensation for the Devotion of his Time to public Service — to be paid out of the public Treasury.
RESOLVED
That the national Executive shall have a Right to negative any legislative Act, which shall not be afterwards passed, unless by two third Parts of each Branch of the national Legislative/ure.
RESOLVED
That a national Judiciary be established to consist of one Supreme Tribunal —
the Judges of which shall be appointed by the second Branch of the national Legislature —
In this draft, the Framers decided that the Senate should appoint Supreme Court justices, without any involvement from the executive. The president would only appoint government officers “in cases not otherwise provided for.”
to hold their Offices during good Behaviour — to receive punctually at stated Times a fixed Compensation for their Services, in which no Diminution shall be made so as to affect the Persons actually in Office at the Time of such Diminution
RESOLVED
That the Jurisdiction of the national Judiciary shall extend to Cases arising under the Laws passed by the general Legislature, and to such other Questions as involve the national Peace and Harmony.
RESOLVED
That the national Legislature be empowered to appoint inferior Tribunals.
RESOLVED
That Provision ought to be made for the Admission of States lawfully arising within the Limits of the United States, whether from a voluntary Junction of Government and Territory, or otherwise, with the Consent of a Number of Voices in the national Legislature — less than the whole.
RESOLVED
That a Republican Form of Government shall be guarantied to each State; and that each State shall be protected against foreign and domestic Violence.
RESOLVED
That Provision ought to be made for the Amendment of the Articles
RESOLVED
That the legislative, executive and judiciary Powers, within the several States, and of the national Government, ought to be bound by Oath to support the Articles of Union.
RESOLVED
That the Amendments which shall be offered to the Confederation by the Convention ought at a proper Time or Times, after the Approbation of Congress, to be
submitted to an Assembly or Assemblies of Representatives, recommended by the several Legislatures, to be expressly chosen by the People
This draft does not yet have all of the details of the ratification process that would be outlined in Article VII. However, it does state that the people will choose representatives who would decide whether or not to adopt the Framers’ proposals.
to consider and decide thereon.
RESOLVED
That the Representation in the second Branch of the Legislature of the United States consist of two Members from each State, who shall vote per capita.
July 24, 1787
James Wilson
1. RESOLVED
That the Government of the United States
There is no Preamble in this draft. As their first resolution, the Framers agreed that the government would consist of three branches that would share power: legislative, judicial, and executive.
ought to consist of a Supreme Legislative, Judiciary and Executive
2. RESOLVED
That the Legislature of the United States ought to consist of two Branches
3. RESOLVED
That the Members of the first Branch of the Legislature of the United States ought to be — elected by the People of the several States — for the Term of two Years — to be of the Age of twenty five Years at least — to be ineligible to and incapable of holding any Office under the Authority of the United States (except those peculiarly belonging to the Functions of the first Branch) during the Time of Service of the first Branch
4. RESOLVED
That the Members of the second Branch of the Legislature of the United States ought to be chosen by the Individual Legislatures — to be of the Age of thirty Years at least — to hold their Offices for the Term of six Years; one third to go out biennially—to receive a Compensation for the Devotion of their Time to the public Service — to be ineligible to and incapable of holding any Office under the Authority of the United States (except those peculiarly belonging to the Functions of the second Branch) during the Term for which they are elected, and for one Year thereafter.
5. RESOLVED
That each Branch ought to possess the Right of originating Acts.
6. RESOLVED
That the Right of Suffrage in the first Branch of the Legislature of the United States ought not to be according to the Rules established in the Articles of Confederation but according to some equitable Ratio of Representation.
7. RESOLVED
That in the original Formation of the Legislature of the United States the first Branch thereof shall consist of sixty five Members of which Number New-Hampshire shall send three — Massachussetts eight — Rhode Island one — Connecticut five — New. York six — New-Jersey four — Pennsylvania eight — Delaware one — Maryland six — Virginia ten —North. Carolina five — South Carolina five — Georgia three.
But as the present Situation of the States may probably alter in the Number of their Inhabitants, the Legislature of the United States shall be authorised from Time to Time to apportion the Number of Representatives; and in Case any of the States shall hereafter be divided, or enlarged by Addition of Territory, or any two or more States united, or any new States created within the Limits of the United States, the Legislature of the United States shall possess Authority to regulate the Number of Representatives in any of the foregoing Cases, upon the Principle of the Number of their Inhabitants, according to the Provisions herein after mentioned namely — Provided always that Representation ought to be proportioned according to direct Taxation: And in order to ascertain the Alteration in the direct Taxation, which may be required from Time to Time, by the Changes in the relative Circumstances of the States —
Resolved that a Census be taken, within six Years from the first Meeting of the Legislature of the United States, and once within the Term of every ten Years afterwards, of all the Inhabitants of the United States in the Manner and according to the Ratio recommended by Congress in their Resolution of April 18th. 1783 — This refers to the Framers’ agreement to base representation in the House on a state’s free inhabitants plus three-fifths of “all other Persons,” as articulated in later drafts. The ratio came from an earlier attempt by the Continental Congress to tax the states. With no data to support its conclusion, Congress estimated that an enslaved person produced three-fifths the amount of wealth as a free person. And that the Legislature of the United States shall proportion the direct Taxation accordingly.
Resolved that all Bills for raising or appropriating Money, and for fixing the Salaries of the Officers of the Government of the United States shall originate in the first Branch of the Legislature of the United States, and shall not be altered or amended by the second Branch; and that no Money shall be drawn from the public Treasury but in Pursuance of Appropriations to be originated by the first Branch
Resolved that from the first Meeting of the Legislature of the United States until a Census shall be taken, all Monies for supplying the public Treasury by direct Taxation shall be raised from the several States according to the Number of their Representatives respectively in the first Branch
8. RESOLVED
That in the second Branch of the Legislature of the United States each State shall have an equal Vote.
RESOLVED
That the Legislature of the United States ought to possess
RESOLVED
That the legislative Acts of the United States made by Virtue and in Pursuance of the Articles of Union, and all Treaties made and ratified under the Authority of the United States shall be the supreme Law of the respective States so far as those Acts or Treaties shall relate to the said States, or their Citizens and Inhabitants; and that the Judicatures of the several States shall be bound thereby in their Decisions, any Thing in the respective Laws of the individual States to the contrary notwithstanding.
RESOLVED
That a national Executive be instituted to consist of
to be chosen for the Term of six Years—
The Framers decided on a six-year term for a single “national executive.” This would change several times during the drafting process, often tied to the debates over the method for selecting the president.
with Power to carry into Execution the national Laws— to appoint to Offices in Cases not otherwise provided for — to be removeable on Impeachment and Conviction of mal Practice or Neglect of Duty — to receive a fixed Compensation for the Devotion of his Time to public Service — to be paid out of the public Treasury.
RESOLVED
That the national Executive shall have a Right to negative any legislative Act, which shall not be afterwards passed, unless by two third Parts of each Branch of the national Legislative/ure.
RESOLVED
That a national Judiciary be established to consist of one Supreme Tribunal —
the Judges of which shall be appointed by the second Branch of the national Legislature —
In this draft, the Framers decided that the Senate should appoint Supreme Court justices, without any involvement from the executive. The president would only appoint government officers “in cases not otherwise provided for.”
to hold their Offices during good Behaviour — to receive punctually at stated Times a fixed Compensation for their Services, in which no Diminution shall be made so as to affect the Persons actually in Office at the Time of such Diminution
RESOLVED
That the Jurisdiction of the national Judiciary shall extend to Cases arising under the Laws passed by the general Legislature, and to such other Questions as involve the national Peace and Harmony.
RESOLVED
That the national Legislature be empowered to appoint inferior Tribunals.
RESOLVED
That Provision ought to be made for the Admission of States lawfully arising within the Limits of the United States, whether from a voluntary Junction of Government and Territory, or otherwise, with the Consent of a Number of Voices in the national Legislature — less than the whole.
RESOLVED
That a Republican Form of Government shall be guarantied to each State; and that each State shall be protected against foreign and domestic Violence.
RESOLVED
That Provision ought to be made for the Amendment of the Articles
RESOLVED
That the legislative, executive and judiciary Powers, within the several States, and of the national Government, ought to be bound by Oath to support the Articles of Union.
RESOLVED
That the Amendments which shall be offered to the Confederation by the Convention ought at a proper Time or Times, after the Approbation of Congress, to be
submitted to an Assembly or Assemblies of Representatives, recommended by the several Legislatures, to be expressly chosen by the People
This draft does not yet have all of the details of the ratification process that would be outlined in Article VII. However, it does state that the people will choose representatives who would decide whether or not to adopt the Framers’ proposals.
to consider and decide thereon.
RESOLVED
That the Representation in the second Branch of the Legislature of the United States consist of two Members from each State, who shall vote per capita.
August 3, 1787
Manuscript of the Committee of Detail Report
James Wilson wrote this document while serving on the Committee of Detail. Consisting of five members, the committee used the previously adopted resolutions and proposals to begin its work—making many edits and additions to create this preliminary draft of the Constitution. Document courtesy of the Historical Society of Pennsylvania.
August 3, 1787
James Wilson
We the People of the States of New-Hampshire, Massachusetts, Rhode-Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North. Carolina, South. Carolina and Georgia do ordain, declare and establish the following Constitution for the Government of ourselves and of our Posterity The Constitution now has a short Preamble, which describes its purpose. However, it begins “We the People of the States of …” and lists each of the 13 states individually.
1.
The Stile of this Government shall be “the United State[‘?]s of America.”
2.
The Government shall consist of supreme legislative, executive and judicial Powers.
3.
The legislative Power shall be vested in a Congress to consist of two separate and distinct Bodies of Men, a House of Representatives, and a Senate; each of which shall, in all Cases, have a Negative on the other. To meet on the 1st Monday in every December —
4.
The Members of the House of Representatives shall be chosen every second Year, by the People of the several States comprehended within this Union. The Qualifications of the Electors shall be the same from Time to Time as those of the Electors, in the several States, of the most numerous Branch of their own Legislatures
Every Member of the House of Representatives shall be of the Age of twenty five Years at least; shall have been a Citizen in the United States for at least three Years before his Election; and shall be, at the Time of his Election, a Resident of the State, in which he shall be chosen.
The House of Representatives shall, at its first Formation, and until the Number of Citizens and Inhabitants shall be taken in the Manner herein after described, consist of sixty five Members, of whom three shall be chosen in New-Hampshire, eight in Massachusetts, one in Rhode-Island and Providence Plantations, five in Connecticut, six in New-York, four in New-Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in Virginia, five in North-Carolina, five in South-Carolina and three in Georgia
As the Proportions of Numbers in the different States will alter from Time to Time; as some of the States may be hereafter divided; as others may be enlarged by Addition of Territory; as two or more States may be united; and as new States will be erected within the Limits of the United States; the Legislature shall, in each of these Cases, possess Authority to regulate the Number of Representatives by the Number of Inhabitants, according to the Provisions hereinafter made.
All Bills for raising or appropriating Money, and for fixing the Salaries of the Officers of Government shall originate in the House of Representatives, and shall not be altered or amended by the Senate. No Money shall be drawn from the public Treasury, but in Pursuance of Appropriations that shall originate in the House of Representatives.
The House of Representatives shall have the Sole Power of Impeachment
Vacancies in the House of Representatives shall be supplied by Writs of Election from the Executive Authority of the State, in the from Representation, from which they shall happen.
The House of Representatives shall chuse its Speaker and other Officers.
5.
The Senate of the United States shall be chosen by the Legislatures of the several States. Each Legislature shall chuse two Members. Each Member shall have one Vote.
The Senators shall be chosen for six Years; but immediately after the first Election they shall be divided by Lot into three Classes, as nearly as may be, numbered one, two and three. The Seats of the Members 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, of the third Class at the Expiration of the so sixth Year, so that a third Part of the Members may be chosen every second Year.
Every Member of the Senate shall be of the Age of thirty Years at least, shall have been a Citizen in the United States for at least four Years before his Election, and shall be, at the time of his Election, a Resident of the State, for which he shall be chosen.
The Senate shall chuse its own President and other Officers
6.
The Times and Places and the Manner of holding the Elections of the Members of each House shall be prescribed by the Legislature of each State; but their Provisions concerning them may at any Time be altered by the Legislature of the United States.
The Legislature of the United States shall have Authority to establish such uniform Qualifications of the Members of each House, with Regard to Property, as to the said Legislature shall seem expedient.
In each House a Majority of the Members shall constitute a Quorum to do Business; but a smaller Number may adjourn from Day to Day.
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members. Freedom of Speech and Debate in the Legislature shall not be impeached or questioned in any Court or Place out of the Legislature; and Members of each House shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at Congress, and in going to and returning from it.
Each House may determine the Rules of its Proceedings, may punish its Members for disorderly Behaviour and may expel a Member
The House of Representatives, and the Senate, when it shall be acting in a legislative Capacity, shall keep a Journal of their Proceedings, and shall, from Time to Time, publish them: And the Yeas and Nays of the Members of each House, on any Question, shall, at the Desire of 1/5th of the Members present be entered on the Journal.
Neither House without the Consent of the other shall adjourn for more than three days; nor to any other Place than that, at which the two Houses are sitting. But this Regulation Shall not extend to the Senate when it shall exercise the powers mentioned in the — Article
The Members of each House shall be ineligible to, and incapable of holding any Office under the Authority of the United States during the Time, for which they shall be respectively elected: And the Members of the Senate shall be ineligible to, and incapable of holding any such Office for one Year afterwards.
The Members of each House shall receive a Compensation for their Services, to be ascertained and paid by the State, in which they shall be chosen.
The enacting Stile of the Laws of the United States shall be “be it enacted and it is hereby enacted by the House of Representatives, and by the Senate of the United States in Congress assembled.”
Each House shall possess the Right of originating Bills, except in the Cases beforementioned.
7.
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 for his Revision: If, upon such Revision, he approve of it; he shall signify his Approbation by signing it: But if, upon such Revision, it shall appear to him improper for being passed into a Law; he shall return it, together with his Objections against it, to that House, in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider the Bill. But if after such Reconsideration, two thirds of that House shall, notwithstanding the Objections of the President, agree to pass it;
it shall, together with his Objections, be sent to the other House, by which it shall likewise be reconsidered, and, if approved by two thirds of the other House also; it shall be a Law.
The Framers went back and forth on the number of members in each house of Congress needed to override a presidential veto.
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 or against the Bill shall be entered in the Journal of each House respectively.
If any Bill shall not be returned by the President with in seven Days after it shall have been presented to him; it shall be a Law, unless the Legislature; by their Adjournment, prevent its Return; in which Case it shall not
8.
The Legislature of the United States shall have the Power to lay and collect Taxes, Duties, Imposts and Excises; to regulate Commerce with foreign Nations & amongst the Several States; to establish an uniform Rule for Naturalization throughout the United States; to coin Money; to regulate the Value of foreign Coin; to fix the Standard of Weights and Measures; to establish Post-Offices; to borrow Money, and emit Bills on the Credit of the United States; to appoint a Treasurer by Ballot; to constitute Tribunals inferior to the supreme Court; to make Rules concerning Captures on Land or Water; to declare the Law and Punishment of Piracies and Felonies committed on the high Seas, and the Punishment of counterfeiting the Coin, of the U.S. and of Offences against the Law of Nations; & of Treason against the U.S. or any of them Not to work Corruption of Blood or Forfeiture except during the Life of the party; to regulate the Discipline of the Militia of the several States; to subdue a Rebellion in any State, on the Application of its Legislature;
to make War
This draft now lists specific powers of Congress that are similar to the final text. One difference is that Congress has the power to “make” rather than “declare” war, as the text would later state. The earlier language would have given Congress a greater role in day-to-day decisions during wartime.
to raise Armies; to build and equip Fleets; to calling forth the Aid of the Militia in order to execute the Laws of the Union, enforce Treaties; suppress Insurrections, and repel Invasions; and
to make all Laws that shall be necessary and proper
Before the Constitutional Convention, the Continental Congress was explicitly limited to the specific powers listed in the Articles of Confederation. Under the Constitution, the Framers gave Congress the flexibility to pass laws “necessary and proper” to carry out its enumerated powers. This would become a key source of the federal government’s authority—and of ongoing constitutional debate
for carrying into Execution all other Powers vested, by this Constitution, in the Government of the United States, or in any Department or Officer thereof.
The Proportions of direct Taxation shall be regulated by the whole Number of white and other free Citizens and Inhabitants of every Age, Sex and Condition, including those bound to Servitude for a Term of Years, and three fifths of all other Persons This draft shows the further development of the Three-Fifths Clause—the Framers’ agreement to base representation in the House on a state’s free inhabitants plus three-fifths of “all other Persons.” The final text would appear in the Committee of Style Report. not comprehended in the foregoing Description; which Number shall, within six Years after the first Meeting of the Legislature; and within the Term of every ten Years afterwards, be taken in such Manner as the said Legislature shall direct.
From the first Meeting of the Legislature until the Number of Citizens and Inhabitants shall be taken as aforesaid, direct Taxation shall be in Proportion to the Number of Representatives chosen in each State.
No Tax or Duty shall be laid, by the Legislature, on Articles exported from any State; nor on the Imigration or Importation of such Persons as the several States shall think proper to admit; nor shall such Imigration or Importation be prohibited No Capitation Tax shall be laid, unless in Proportion to the Census herein before directed to be taken.
No Navigation Act shall be passed The Framers disagreed over whether to give Congress the power to regulate commerce on waterways. This draft allows these laws only with the support of two-thirds of each house, a position favored by the South. However, by the next draft, Southerners had agreed to a simple majority vote in return for allowing the slave trade to continue until at least 1808. without the Assent of two thirds of the Members present in each House.The United States shall not grant any Title of Nobility.
9.
The Acts of the Legislature of the United States made in Pursuance of this Constitution, and all Treaties made under the Authority of the United States shall be the supreme Law of the several States, and of their Citizens and Inhabitants; and the Judges in the several States shall be bound thereby in their Decisions, any Thing in the Constitutions or Laws of the several States to the contrary notwithstanding.
10.
No State shall enter into any Agreement, Treaty, Alliance Confederation with any foreign Power without consent of the US nor into any Compact with another State without Consent of the US; nor lay any Imposts or Duties on Imports; nor keep Troops or Ships of War in Time of Peace; nor grant Letters of Marque and Reprisal; nor coin Money; nor without the Consent of the Legislature of the United States Emit Bills of Credit. No State shall, without such Consent, engage in any War; unless it shall be actually invaded by Enemies, or the Danger of Invasion be so imminent as not to admit of a Delay, until the Legislature of the United States can be consulted. No State shall grant any Title of Nobility.
11.
The Senate of the United States shall have
Power to make Treaties; to send Ambassadors; and to appoint the Judges of the Supreme Court
In all Disputes and Controversies now subsisting, or that may hereafter subsist between two or more States respecting [Jurisdiction or Territory?], the Senate shall possess the following Powers. Whenever the Legislature, or the Executive Authority, or the lawful Agent of any State in Controversy with another, shall, by Memorial to the Senate, state the Matter in Question, and apply for a Hearing, Notice of such Memorial and Application shall be given, by Order of the Senate, to the Legislature or the Executive Authority of the other State in Controversy. The Senate shall also assign a Day for the Appearance of the Parties by their Agents before that House. The Agents shall be directed to appoint, by joint Consent, Commissioners or Judges to constitute a Court for hearing and determining the Matter in Question. But if the Agents cannot agree; the Senate shall name three Persons out of each of the several States; and from the List of such Persons each Party shall alternately strike out one, until the Number shall be reduced to thirteen; and from that Number not less than seven, nor more than nine Names, as the Senate shall direct, shall, in their Presence, be drawn out by Lot; and the Persons whose Names shall be so drawn, or any five of them shall be Commissioners or Judges to hear and finally determine the Controversy; provided a majority Part of the Judges, who shall hear the Cause, agree in the Determination. If either Party shall neglect to attend at the Day assigned, without shewing sufficient Reasons for not attending; or, being present, shall refuse to strike; the Senate shall proceed to nominate three Persons out of each State; and the Clerk of the Senate shall strike in Behalf of the Party absent or refusing. If any of the Parties shall refuse to submit to the Authority of such Court, or shall not appear to prosecute or defend their Claim or Cause; the Court shall nevertheless proceed to pronounce Judgment. The Judgment shall be final and conclusive. The Proceedings shall be transmitted to the President of the Senate, and shall be lodged among the public Records for the Security of the Parties concerned. Every Commissioner shall, before he sit in Judgment, take an Oath, to be administered by one of the Judges of the Supreme or Superior Court of the State where the Cause shall be tried, “well and truly to hear and determine the Matter in Question, according to the best of his Judgment, without Favour, Affection or Hope of Reward.”
All Controversies concerning Lands claimed under different Grants of two or more States, whose Jurisdictions as they respect such Lands, shall have been decided or adjusted subsequent to such Grants or any of them shall, on Application to the Senate, be finally determined, as near as may be, in the same Manner as is before prescribed for deciding Controversies between different States.
12.
The Executive Power of the United States shall be vested in a single Person. His Stile shall be, “the President of the United States of America”; and
his Title shall be, “His Excellency.” He shall be elected by Ballot by the Legislature.
In this draft, an election process for the president appears—but the executive would be selected by the legislature, much like a parliamentary system. It also lists a kingly title for the president: “His Excellency.” This would be dropped by the next draft.
He shall hold his Office during the
Term of seven Years; but shall not be elected a second Time.
He shall, from Time to Time, give Information to the Legislature of the State of the Union; he may recommend to their Consideration, such Measures as he shall [find necessary & expedient] and he may convene them on extraordinary Occasions. & in Case of a disagreement between the 2 Houses with regard to the time of Adjournment he may adjourn them to such Time as he shall think proper. It shall be his Duty to provide for the due & faithful Execution of the Laws of the United States to the best of his Ability
He shall commission all the Officers of the United States, and appoint them in all Cases not otherwise provided for by this Constitution. He shall receive Ambassadors, and shall correspond with the Supreme Executives of the several States. He shall have Power to grant Reprieves and Pardons; but his Pardon shall not be pleaded in Bar of an Impeachment. He shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States. He shall, at stated Times, receive, for his Services, a fixed Compensation, which shall neither be increased nor diminished during his Continuance in Office. Before he shall enter on the Duties of his Department, he shall take the following Oath or Affirmation “I____ solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States of America.” He shall be removed from his Office on Impeachment by the House of Representatives, and Conviction in the Supreme Court of Treason or Bribery or Corruption. In Case of his Impeachment, Removal, Death, Resignation or Disability to discharge the Powers and Duties of his Office; the President of the Senate shall exercise those Powers and Duties, until another President of the United States be chosen, or until the President impeached or disabled be acquitted, or his Disability be removed.
13.
All Commissions, Patents and Writs shall be in the Name of “the United States of America.”
14.
The Judicial Power of the United States shall be vested in one Supreme Court, and in such inferior Courts as shall, from Time to Time, be constituted by the Legislature of the United States.
The Judges of the Supreme Court shall hold their Offices during good Behaviour. They shall, at stated Times, receive, for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
The Jurisdiction of the Supreme Court shall extend to all Cases arising under Laws passed by the Legislature of the United States; to all Cases affecting Ambassadors, other public Ministers & consuls to the Trial of Impeachments of Officers of the United States; to all Cases of Admiralty and Maritime Jurisdiction; Controversies between States except those which regard Jurisdiction to or Territory, between a State and a Citizen or Citizens of another State, between Citizens of different States, and between a State or the Citizens thereof and foreign States, Citizens or Subjects. In Cases of Impeachment, Cases affecting Ambassadors and other public Ministers & Consuls, and those, in which a State shall be a Party, this Jurisdiction shall be original. In all the other Cases beforementioned, it shall be appellate with such Exceptions and under such Regulations as the Legislature shall make. The Legislature may assign any part of the Jurisdiction, above mentioned/ except the Trial of the Executive/ in the Manner and under the Limitations which it shall think proper to such inferior Courts as it shall constitute from Time to Time.
& in the State, where they shall be committed; The Trial of all Criminal Offences shall be by Jury. /except in Cases of Impeachment/
Judgments in Cases of Impeachment shall not extend further than to Removal from Office & disqualification [to] to hold & enjoy any place of Honour Trust or Profit under the U.S. But the party convicted shall nevertheless be liable & subject to Indictment, Trial, Judgment & Punishment according to Law.
The free Citizens of each State shall be intitled to all Privileges & Immunities of free Citizens in the several States
Any person charged with Treason Felony or high Misdemeanor who shall flee from Justice & be found in any of the States shall on demand of the executive power of the State from which he fled be delivered up & removed to the State having Jurisdiction of the Offence.
Full Faith & Credit &c.
New States lawfully constituted or established within the Limits of the United States may be admitted, by the Legislature, into this Government; but to such Admission the Consent of two thirds of the Members present in each House shall be necessary: If a new State shall arise within the Limits of any of the present States; the Consent of the Legislatures of such States shall be also necessary to its Admission. If the Admission be consented to; the new States shall be admitted on the same Terms with the original States: But the Legislature may make Conditions with the new States concerning the public Debt, which shall be then subsisting.
The United States shall guaranty to each State a Republican Form of Government; and shall protect each State against foreign Invasions, and, on the Application of its Legislature, against domestic Violence.
This Constitution ought to be amended whenever such Amendment shall become necessary; This draft starts to outline the process for amending the Constitution, which would become Article V. It states that two-thirds of the state legislatures could ask Congress to call another convention. and, on the Application of the Legislatures of two thirds of the States in the Union, the Legislature of the United States shall call a Convention for that Purpose.The Members of the Legislatures and the executive and judicial Officers of the United States and of the several States shall be bound by Oath to support this Constitution.
this Constitution shall be laid before the United States in Congress assembled for their Approbation; and that in the opinion of this Convention it should be afterwards submitted to a Convention chosen in each State, under the Recommendation of its Legislature, in Order to receive the Ratification of such Convention
Resolved
That the Ratification of the Conventions of — States shall be sufficient for organizing this Constitution:
This draft includes further information about the ratification process. It leaves a blank space, however, for the number of states required to approve of the Constitution before it could go into effect. The Articles of Confederation, which required unanimous support, took over three years to be officially adopted.
In order to introduce this Government it is the Opinion of this Convention that each assenting Convention should notify its Assent and Ratification to the United States in Congress assembled: that Congress, after receiving the Assent and Ratification of the Conventions of — States, should appoint and publish a Day, as early as may be, and appoint a Place for commencing Proceedings under this Constitution: That after such Publication, the Legislatures of the several States should elect Members of the Senate, and direct the Election of Members of the House of Representatives. That the Members of the Legislature should meet at the Time and Place assigned by Congress; and should, as soon as may be after their Meeting, chuse the President of the United States, and proceed to execute this Constitution.
August 3, 1787
James Wilson
We the People of the States of New-Hampshire, Massachusetts, Rhode-Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North. Carolina, South. Carolina and Georgia do ordain, declare and establish the following Constitution for the Government of ourselves and of our Posterity The Constitution now has a short Preamble, which describes its purpose. However, it begins “We the People of the States of …” and lists each of the 13 states individually.
1.
The Stile of this Government shall be “the United State[‘?]s of America.”
2.
The Government shall consist of supreme legislative, executive and judicial Powers.
3.
The legislative Power shall be vested in a Congress to consist of two separate and distinct Bodies of Men, a House of Representatives, and a Senate; each of which shall, in all Cases, have a Negative on the other. To meet on the 1st Monday in every December —
4.
The Members of the House of Representatives shall be chosen every second Year, by the People of the several States comprehended within this Union. The Qualifications of the Electors shall be the same from Time to Time as those of the Electors, in the several States, of the most numerous Branch of their own Legislatures
Every Member of the House of Representatives shall be of the Age of twenty five Years at least; shall have been a Citizen in the United States for at least three Years before his Election; and shall be, at the Time of his Election, a Resident of the State, in which he shall be chosen.
The House of Representatives shall, at its first Formation, and until the Number of Citizens and Inhabitants shall be taken in the Manner herein after described, consist of sixty five Members, of whom three shall be chosen in New-Hampshire, eight in Massachusetts, one in Rhode-Island and Providence Plantations, five in Connecticut, six in New-York, four in New-Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in Virginia, five in North-Carolina, five in South-Carolina and three in Georgia
As the Proportions of Numbers in the different States will alter from Time to Time; as some of the States may be hereafter divided; as others may be enlarged by Addition of Territory; as two or more States may be united; and as new States will be erected within the Limits of the United States; the Legislature shall, in each of these Cases, possess Authority to regulate the Number of Representatives by the Number of Inhabitants, according to the Provisions hereinafter made.
All Bills for raising or appropriating Money, and for fixing the Salaries of the Officers of Government shall originate in the House of Representatives, and shall not be altered or amended by the Senate. No Money shall be drawn from the public Treasury, but in Pursuance of Appropriations that shall originate in the House of Representatives.
The House of Representatives shall have the Sole Power of Impeachment
Vacancies in the House of Representatives shall be supplied by Writs of Election from the Executive Authority of the State, in the from Representation, from which they shall happen.
The House of Representatives shall chuse its Speaker and other Officers.
5.
The Senate of the United States shall be chosen by the Legislatures of the several States. Each Legislature shall chuse two Members. Each Member shall have one Vote.
The Senators shall be chosen for six Years; but immediately after the first Election they shall be divided by Lot into three Classes, as nearly as may be, numbered one, two and three. The Seats of the Members 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, of the third Class at the Expiration of the so sixth Year, so that a third Part of the Members may be chosen every second Year.
Every Member of the Senate shall be of the Age of thirty Years at least, shall have been a Citizen in the United States for at least four Years before his Election, and shall be, at the time of his Election, a Resident of the State, for which he shall be chosen.
The Senate shall chuse its own President and other Officers
6.
The Times and Places and the Manner of holding the Elections of the Members of each House shall be prescribed by the Legislature of each State; but their Provisions concerning them may at any Time be altered by the Legislature of the United States.
The Legislature of the United States shall have Authority to establish such uniform Qualifications of the Members of each House, with Regard to Property, as to the said Legislature shall seem expedient.
In each House a Majority of the Members shall constitute a Quorum to do Business; but a smaller Number may adjourn from Day to Day.
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members. Freedom of Speech and Debate in the Legislature shall not be impeached or questioned in any Court or Place out of the Legislature; and Members of each House shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at Congress, and in going to and returning from it.
Each House may determine the Rules of its Proceedings, may punish its Members for disorderly Behaviour and may expel a Member
The House of Representatives, and the Senate, when it shall be acting in a legislative Capacity, shall keep a Journal of their Proceedings, and shall, from Time to Time, publish them: And the Yeas and Nays of the Members of each House, on any Question, shall, at the Desire of 1/5th of the Members present be entered on the Journal.
Neither House without the Consent of the other shall adjourn for more than three days; nor to any other Place than that, at which the two Houses are sitting. But this Regulation Shall not extend to the Senate when it shall exercise the powers mentioned in the — Article
The Members of each House shall be ineligible to, and incapable of holding any Office under the Authority of the United States during the Time, for which they shall be respectively elected: And the Members of the Senate shall be ineligible to, and incapable of holding any such Office for one Year afterwards.
The Members of each House shall receive a Compensation for their Services, to be ascertained and paid by the State, in which they shall be chosen.
The enacting Stile of the Laws of the United States shall be “be it enacted and it is hereby enacted by the House of Representatives, and by the Senate of the United States in Congress assembled.”
Each House shall possess the Right of originating Bills, except in the Cases beforementioned.
7.
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 for his Revision: If, upon such Revision, he approve of it; he shall signify his Approbation by signing it: But if, upon such Revision, it shall appear to him improper for being passed into a Law; he shall return it, together with his Objections against it, to that House, in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider the Bill. But if after such Reconsideration, two thirds of that House shall, notwithstanding the Objections of the President, agree to pass it;
it shall, together with his Objections, be sent to the other House, by which it shall likewise be reconsidered, and, if approved by two thirds of the other House also; it shall be a Law.
The Framers went back and forth on the number of members in each house of Congress needed to override a presidential veto.
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 or against the Bill shall be entered in the Journal of each House respectively.
If any Bill shall not be returned by the President with in seven Days after it shall have been presented to him; it shall be a Law, unless the Legislature; by their Adjournment, prevent its Return; in which Case it shall not
8.
The Legislature of the United States shall have the Power to lay and collect Taxes, Duties, Imposts and Excises; to regulate Commerce with foreign Nations & amongst the Several States; to establish an uniform Rule for Naturalization throughout the United States; to coin Money; to regulate the Value of foreign Coin; to fix the Standard of Weights and Measures; to establish Post-Offices; to borrow Money, and emit Bills on the Credit of the United States; to appoint a Treasurer by Ballot; to constitute Tribunals inferior to the supreme Court; to make Rules concerning Captures on Land or Water; to declare the Law and Punishment of Piracies and Felonies committed on the high Seas, and the Punishment of counterfeiting the Coin, of the U.S. and of Offences against the Law of Nations; & of Treason against the U.S. or any of them Not to work Corruption of Blood or Forfeiture except during the Life of the party; to regulate the Discipline of the Militia of the several States; to subdue a Rebellion in any State, on the Application of its Legislature;
to make War
This draft now lists specific powers of Congress that are similar to the final text. One difference is that Congress has the power to “make” rather than “declare” war, as the text would later state. The earlier language would have given Congress a greater role in day-to-day decisions during wartime.
to raise Armies; to build and equip Fleets; to calling forth the Aid of the Militia in order to execute the Laws of the Union, enforce Treaties; suppress Insurrections, and repel Invasions; and
to make all Laws that shall be necessary and proper
Before the Constitutional Convention, the Continental Congress was explicitly limited to the specific powers listed in the Articles of Confederation. Under the Constitution, the Framers gave Congress the flexibility to pass laws “necessary and proper” to carry out its enumerated powers. This would become a key source of the federal government’s authority—and of ongoing constitutional debate
for carrying into Execution all other Powers vested, by this Constitution, in the Government of the United States, or in any Department or Officer thereof.
The Proportions of direct Taxation shall be regulated by the whole Number of white and other free Citizens and Inhabitants of every Age, Sex and Condition, including those bound to Servitude for a Term of Years, and three fifths of all other Persons This draft shows the further development of the Three-Fifths Clause—the Framers’ agreement to base representation in the House on a state’s free inhabitants plus three-fifths of “all other Persons.” The final text would appear in the Committee of Style Report. not comprehended in the foregoing Description; which Number shall, within six Years after the first Meeting of the Legislature; and within the Term of every ten Years afterwards, be taken in such Manner as the said Legislature shall direct.
From the first Meeting of the Legislature until the Number of Citizens and Inhabitants shall be taken as aforesaid, direct Taxation shall be in Proportion to the Number of Representatives chosen in each State.
No Tax or Duty shall be laid, by the Legislature, on Articles exported from any State; nor on the Imigration or Importation of such Persons as the several States shall think proper to admit; nor shall such Imigration or Importation be prohibited No Capitation Tax shall be laid, unless in Proportion to the Census herein before directed to be taken.
No Navigation Act shall be passed The Framers disagreed over whether to give Congress the power to regulate commerce on waterways. This draft allows these laws only with the support of two-thirds of each house, a position favored by the South. However, by the next draft, Southerners had agreed to a simple majority vote in return for allowing the slave trade to continue until at least 1808. without the Assent of two thirds of the Members present in each House.The United States shall not grant any Title of Nobility.
9.
The Acts of the Legislature of the United States made in Pursuance of this Constitution, and all Treaties made under the Authority of the United States shall be the supreme Law of the several States, and of their Citizens and Inhabitants; and the Judges in the several States shall be bound thereby in their Decisions, any Thing in the Constitutions or Laws of the several States to the contrary notwithstanding.
10.
No State shall enter into any Agreement, Treaty, Alliance Confederation with any foreign Power without consent of the US nor into any Compact with another State without Consent of the US; nor lay any Imposts or Duties on Imports; nor keep Troops or Ships of War in Time of Peace; nor grant Letters of Marque and Reprisal; nor coin Money; nor without the Consent of the Legislature of the United States Emit Bills of Credit. No State shall, without such Consent, engage in any War; unless it shall be actually invaded by Enemies, or the Danger of Invasion be so imminent as not to admit of a Delay, until the Legislature of the United States can be consulted. No State shall grant any Title of Nobility.
11.
The Senate of the United States shall have
Power to make Treaties; to send Ambassadors; and to appoint the Judges of the Supreme Court
In all Disputes and Controversies now subsisting, or that may hereafter subsist between two or more States respecting [Jurisdiction or Territory?], the Senate shall possess the following Powers. Whenever the Legislature, or the Executive Authority, or the lawful Agent of any State in Controversy with another, shall, by Memorial to the Senate, state the Matter in Question, and apply for a Hearing, Notice of such Memorial and Application shall be given, by Order of the Senate, to the Legislature or the Executive Authority of the other State in Controversy. The Senate shall also assign a Day for the Appearance of the Parties by their Agents before that House. The Agents shall be directed to appoint, by joint Consent, Commissioners or Judges to constitute a Court for hearing and determining the Matter in Question. But if the Agents cannot agree; the Senate shall name three Persons out of each of the several States; and from the List of such Persons each Party shall alternately strike out one, until the Number shall be reduced to thirteen; and from that Number not less than seven, nor more than nine Names, as the Senate shall direct, shall, in their Presence, be drawn out by Lot; and the Persons whose Names shall be so drawn, or any five of them shall be Commissioners or Judges to hear and finally determine the Controversy; provided a majority Part of the Judges, who shall hear the Cause, agree in the Determination. If either Party shall neglect to attend at the Day assigned, without shewing sufficient Reasons for not attending; or, being present, shall refuse to strike; the Senate shall proceed to nominate three Persons out of each State; and the Clerk of the Senate shall strike in Behalf of the Party absent or refusing. If any of the Parties shall refuse to submit to the Authority of such Court, or shall not appear to prosecute or defend their Claim or Cause; the Court shall nevertheless proceed to pronounce Judgment. The Judgment shall be final and conclusive. The Proceedings shall be transmitted to the President of the Senate, and shall be lodged among the public Records for the Security of the Parties concerned. Every Commissioner shall, before he sit in Judgment, take an Oath, to be administered by one of the Judges of the Supreme or Superior Court of the State where the Cause shall be tried, “well and truly to hear and determine the Matter in Question, according to the best of his Judgment, without Favour, Affection or Hope of Reward.”
All Controversies concerning Lands claimed under different Grants of two or more States, whose Jurisdictions as they respect such Lands, shall have been decided or adjusted subsequent to such Grants or any of them shall, on Application to the Senate, be finally determined, as near as may be, in the same Manner as is before prescribed for deciding Controversies between different States.
12.
The Executive Power of the United States shall be vested in a single Person. His Stile shall be, “the President of the United States of America”; and
his Title shall be, “His Excellency.” He shall be elected by Ballot by the Legislature.
In this draft, an election process for the president appears—but the executive would be selected by the legislature, much like a parliamentary system. It also lists a kingly title for the president: “His Excellency.” This would be dropped by the next draft.
He shall hold his Office during the
Term of seven Years; but shall not be elected a second Time.
He shall, from Time to Time, give Information to the Legislature of the State of the Union; he may recommend to their Consideration, such Measures as he shall [find necessary & expedient] and he may convene them on extraordinary Occasions. & in Case of a disagreement between the 2 Houses with regard to the time of Adjournment he may adjourn them to such Time as he shall think proper. It shall be his Duty to provide for the due & faithful Execution of the Laws of the United States to the best of his Ability
He shall commission all the Officers of the United States, and appoint them in all Cases not otherwise provided for by this Constitution. He shall receive Ambassadors, and shall correspond with the Supreme Executives of the several States. He shall have Power to grant Reprieves and Pardons; but his Pardon shall not be pleaded in Bar of an Impeachment. He shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States. He shall, at stated Times, receive, for his Services, a fixed Compensation, which shall neither be increased nor diminished during his Continuance in Office. Before he shall enter on the Duties of his Department, he shall take the following Oath or Affirmation “I____ solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States of America.” He shall be removed from his Office on Impeachment by the House of Representatives, and Conviction in the Supreme Court of Treason or Bribery or Corruption. In Case of his Impeachment, Removal, Death, Resignation or Disability to discharge the Powers and Duties of his Office; the President of the Senate shall exercise those Powers and Duties, until another President of the United States be chosen, or until the President impeached or disabled be acquitted, or his Disability be removed.
13.
All Commissions, Patents and Writs shall be in the Name of “the United States of America.”
14.
The Judicial Power of the United States shall be vested in one Supreme Court, and in such inferior Courts as shall, from Time to Time, be constituted by the Legislature of the United States.
The Judges of the Supreme Court shall hold their Offices during good Behaviour. They shall, at stated Times, receive, for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
The Jurisdiction of the Supreme Court shall extend to all Cases arising under Laws passed by the Legislature of the United States; to all Cases affecting Ambassadors, other public Ministers & consuls to the Trial of Impeachments of Officers of the United States; to all Cases of Admiralty and Maritime Jurisdiction; Controversies between States except those which regard Jurisdiction to or Territory, between a State and a Citizen or Citizens of another State, between Citizens of different States, and between a State or the Citizens thereof and foreign States, Citizens or Subjects. In Cases of Impeachment, Cases affecting Ambassadors and other public Ministers & Consuls, and those, in which a State shall be a Party, this Jurisdiction shall be original. In all the other Cases beforementioned, it shall be appellate with such Exceptions and under such Regulations as the Legislature shall make. The Legislature may assign any part of the Jurisdiction, above mentioned/ except the Trial of the Executive/ in the Manner and under the Limitations which it shall think proper to such inferior Courts as it shall constitute from Time to Time.
& in the State, where they shall be committed; The Trial of all Criminal Offences shall be by Jury. /except in Cases of Impeachment/
Judgments in Cases of Impeachment shall not extend further than to Removal from Office & disqualification [to] to hold & enjoy any place of Honour Trust or Profit under the U.S. But the party convicted shall nevertheless be liable & subject to Indictment, Trial, Judgment & Punishment according to Law.
The free Citizens of each State shall be intitled to all Privileges & Immunities of free Citizens in the several States
Any person charged with Treason Felony or high Misdemeanor who shall flee from Justice & be found in any of the States shall on demand of the executive power of the State from which he fled be delivered up & removed to the State having Jurisdiction of the Offence.
Full Faith & Credit &c.
New States lawfully constituted or established within the Limits of the United States may be admitted, by the Legislature, into this Government; but to such Admission the Consent of two thirds of the Members present in each House shall be necessary: If a new State shall arise within the Limits of any of the present States; the Consent of the Legislatures of such States shall be also necessary to its Admission. If the Admission be consented to; the new States shall be admitted on the same Terms with the original States: But the Legislature may make Conditions with the new States concerning the public Debt, which shall be then subsisting.
The United States shall guaranty to each State a Republican Form of Government; and shall protect each State against foreign Invasions, and, on the Application of its Legislature, against domestic Violence.
This Constitution ought to be amended whenever such Amendment shall become necessary; This draft starts to outline the process for amending the Constitution, which would become Article V. It states that two-thirds of the state legislatures could ask Congress to call another convention. and, on the Application of the Legislatures of two thirds of the States in the Union, the Legislature of the United States shall call a Convention for that Purpose.The Members of the Legislatures and the executive and judicial Officers of the United States and of the several States shall be bound by Oath to support this Constitution.
this Constitution shall be laid before the United States in Congress assembled for their Approbation; and that in the opinion of this Convention it should be afterwards submitted to a Convention chosen in each State, under the Recommendation of its Legislature, in Order to receive the Ratification of such Convention
Resolved
That the Ratification of the Conventions of — States shall be sufficient for organizing this Constitution:
This draft includes further information about the ratification process. It leaves a blank space, however, for the number of states required to approve of the Constitution before it could go into effect. The Articles of Confederation, which required unanimous support, took over three years to be officially adopted.
In order to introduce this Government it is the Opinion of this Convention that each assenting Convention should notify its Assent and Ratification to the United States in Congress assembled: that Congress, after receiving the Assent and Ratification of the Conventions of — States, should appoint and publish a Day, as early as may be, and appoint a Place for commencing Proceedings under this Constitution: That after such Publication, the Legislatures of the several States should elect Members of the Senate, and direct the Election of Members of the House of Representatives. That the Members of the Legislature should meet at the Time and Place assigned by Congress; and should, as soon as may be after their Meeting, chuse the President of the United States, and proceed to execute this Constitution.
August 5, 1787
Proof Copy of the Committee of Detail Report
The Committee of Detail gave its report to a pair of Philadelphia printers. This is the only known proof copy, which is nearly identical to James Wilson’s manuscript, and was submitted for review. Committee-member Edmund Randolph made 11 corrections before copies were printed for all of the delegates. Document courtesy of the Historical Society of Pennsylvania.
August 5, 1787
Committee of Detail, Annotated by Edmund Randolph
We the people of the States of New-Hampshire, Massachusetts, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, do ordain, declare, and establish, the following Constitution for the government of ourselves and our posterity. The Constitution now has a short Preamble, which describes its purpose. However, it begins “We the People of the States of …” and lists each of the 13 states individually.
Article I
The style of the Government shall be, “The United States of America.”
Article II
The Government shall consist of supreme Legislative, Executive, and Judicial powers.
Article III
The legislative power shall be vested in a Congress, to consist of two separate and distinct bodies of men, a House of Representatives and a Senate; each of which shall in all cases have a negative on the other. The Legislature shall meet on the first Monday in December in every year.
Article IV
Section 1
The members of the House of Representatives shall be chosen every second year, by the people of the several States comprehended within this Union. The qualifications of the electors shall be the same from time to time, as those of the electors in the several States, of the most numerous branch of their own Legislatures.
Every member of the House of Representatives shall be of the age of twenty-five years at least; shall have been a citizen in the United States for at least three years before his election; and shall be, at the time of his election, a resident of the State in which he shall be chosen. Section 3
The House of Representatives shall, at its first formation, and until the number of citizens and inhabitants shall be taken in the manner hereinafter described, consist of sixty-five members, of whom three shall be chosen in New-Hampshire, eight in Massachusetts, one in Rhode-Island and Providence Plantations, five in Connecticut, six in New-York, four in New-Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in Virginia, five in North-Carolina, five in South-Carolina, and three in Georgia. Section 4
As the proportions of numbers in different States will alter from time to time; as some of the States may hereafter be divided: as others may be enlarged by addition of territory; as two or more States may be united; as new States will be erected within the limits of the United States, the legislature shall, in each of these cases, regulate the number of Representatives by the number of inhabitants, according to the provisions hereinafter made, at the rate of one for every forty thousand. Section 5
All bills for raising or appropriating money, and for fixing the salaries of the officers of government, shall originate in the House of Representatives, and shall not be altered or amended by the Senate. No money shall be drawn from the public treasury, but in pursuance of appropriations that shall originate in the House of Representatives. Section 6
The House of Representatives shall have the sole power of impeachment. It shall choose its speaker and other officers. Section 7
Vacancies in the House of Representatives shall be supplied by writs of election from the Executive authority of the state in the representation from which they shall happen.
Article V
Section 1
The Senate of the United States shall be chosen by the Legislatures of the several States. Each Legislature shall choose two members. Vacancies may be supplied by the Executive until the next meeting of the Legislature. Each member shall have one vote.
The Senators shall be chosen for six years; but immediately after the first election, they shall be divided, by lot, into three classes, as nearly as may be, numbered one, two, and three. The seats of the members 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; of the third class at the expiration of the sixth year; so that a third part of the members may be chosen every second year. Section 3
Every member of the Senate shall be of the age of thirty years at least; shall have been a citizen in the United States for at least four years before his election; and shall be, at the time of his election, a resident of the State for which he shall be chosen. Section 4
The Senate shall choose its own President and other officers. it shall, together with his objections, be sent to the other House, by which it shall likewise be re-considered, and if approved by two-thirds of the other House also, it shall become a law. The Framers went back and forth on the number of members in each house of Congress needed to override a presidential veto. Here, it first appears as two-thirds of each House, as it would in the final text. 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 or against the bill, shall be entered on the Journal of each House respectively. If any bill shall not be returned by the President within seven days after it shall have been presented to him, it shall be a law, unless the Legislature, by their adjournment, prevent its return; in which case it shall not be a law.
Article VI
Section 1
The Legislature of the United States shall have the power to lay and collect taxes, duties, imposts and excises;
Treason against the United States shall consist only in levying war against the United States, or any of them; and in adhering to the enemies of the United States, or any of them. The Legislature of the United States shall have power to declare the punishment of treason. No person shall be convicted of treason, unless on the testimony of two witnesses. No attainder of treason shall work corruption of blood, nor forfeiture, except during the life of the person attained. Section 3
The proportions of direct taxation shall be regulated by the whole number of white and other free citizens and inhabitants of every age, sex and condition, including those bound to servitude for a term of years, and three-fifths of all other persons This draft shows the further development of the Three-Fifths Clause—the Framers’ agreement to base representation in the House on a state’s free inhabitants plus three-fifths of “all other Persons.” The final text would appear in the Committee of Style Report. not comprehended in the foregoing description, (except Indians not paying taxes); which number shall, within six years after the first meeting of the Legislature, and within the term of every ten years afterwards, be taken in such a manner as the said Legislature shall direct. Section 4
No tax or duty shall be laid by the Legislature on articles exported from any State; nor on the migration or importation of such persons as the several States shall think proper to admit; nor shall such migration or importation be prohibited. Section 5
No capitation tax shall be laid, unless in proportion to the census hereinbefore directed to be taken. Section 6
No navigation act shall be passed The Framers disagreed over whether to give Congress the power to regulate commerce on waterways. This draft allows these laws only with the support of two-thirds of each house, a position favored by the South. However, by the next draft, Southerners had agreed to a simple majority vote in return for allowing the slave trade to continue until at least 1808. without the assent of two-thirds of the members present in each House. Section 7
The United States shall not grant any title of nobility.
Article VII
The acts of the Legislature of the United States made in pursuance of this Constitution, and all treaties made under the authority of the United States, shall be the supreme law of the several States, and of their citizens and inhabitants; and the Judges in the several States shall be bound thereby in their decisions, any thing in the constitutions or laws of the several States to the contrary notwithstanding.
Article VIII
Section 1
The Senate of the United States shall have
power to make treaties, and to appoint ambassadors, and Judges of the Supreme Court.
In this draft, the Senate has treaty-making power as well as the ability to appoint Supreme Court justices and ambassadors, investing the body with greater authority than in the final document. Ultimately, the president would be given these powers with the advice and consent of the Senate.
Section 2
In all disputes and controversies now subsisting, or that may hereafter subsist, between two or more States, respecting jurisdiction or territory, the Senate shall possess the following powers: — Whenever the Legislature or the Executive authority, or lawful agent of any State, in controversy with another, shall, by memorial to the Senate, state the matter in question, and apply for a hearing, notice of such memorial and application shall be given, by order of the Senate, to the Legislature, or the Executive authority, of the other State in controversy. The Senate shall also assign a day for the appearance of the parties, by their agents, before that House. The agents shall be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question. But if the agents cannot agree, the Senate shall name three persons out of each of the several States; and from the list of such persons, each party shall alternately strike out one, until the number shall be reduced to thirteen; and from that number, not less than seven, nor more than nine, names, as the Senate shall direct, shall, in their presence, be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges to hear and finally determine the controversy; provided a majority of the judges who shall hear the cause agree in the determination. If either party shall neglect to attend at the day assigned, without showing sufficient reasons for not attending, or being present shall refuse to strike, the Senate shall proceed to nominate three persons out of each State, and the Clerk of the Senate shall strike in behalf of the party absent or refusing. If any of the parties shall refuse to submit to the authority of such court, or shall not appear to prosecute or defend their claim or cause, the court shall nevertheless proceed to pronounce judgment. The judgment shall be final and conclusive. The proceedings shall be transmitted to the President of the Senate, and shall be lodged among the public records for the security of the parties concerned. Every commissioner shall, before he sit in judgment, take an oath to be administered by one of the Judges of the Supreme or Superior Court of the State where the cause shall be tried, “well and truly to hear and determine the matter in question, according to the best of his judgment, without favor, affection, or hope of reward.”
All controversies concerning lands claimed under different grants of two or more States, whose jurisdictions, as they respect such lands, shall have been decided or adjusted subsequently to such grants, or any of them, shall, on application to the Senate, be finally determined, as near as may be, in the same manner as is before prescribed for deciding controversies between different States.
Article IX
Section 1
The Executive power of the United States shall be vested in a single person. His style shall be, “The President of the United States of America,” and
his title shall be, “His Excellency.” He shall be elected by ballot by the Legislature.
In this draft, an election process for the president appears—but the executive would be selected by the legislature, much like a parliamentary system. It also lists a kingly title for the president: “His Excellency.” This would be dropped by the next draft.
He shall hold his office during the
term of seven years; but shall not be elected a second time.
Here, the Framers changed the term length for the presidency from six to seven years. Furthermore, the president, chosen by the legislature, would be limited to a single term. The Framers did not want to encourage the executive to seek favor with Congress to secure reelection.
Section 2
He shall, from time to time, give information to the Legislature, of the state of the Union. He may recommend to their consideration such measures as he shall judge necessary, and expedient. He may convene them on extraordinary occasions. In case of disagreement between the two Houses, with regard to the time of adjournment, he may adjourn them to such time as he thinks proper. He shall take care that the laws of the United States be duly and faithfully executed. He shall commission all the officers of the United States; and shall appoint officers in all cases not otherwise provided for by this Constitution. He shall receive Ambassadors, and may correspond with the supreme executives of the several States. He shall have power to grant reprieves and pardons, but his pardon shall not be pleadable in bar of an impeachment. He shall be Commander in Chief of the army and navy of the United States, and of the militia of the several States. He shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during his continuance in office. Before he shall enter on the duties of his department, he shall take the following oath or affirmation, “I — solemnly swear, (or affirm) that I will faithfully execute the office of President of the United States of America.” He shall be removed from his office on impeachment by the House of Representatives, and conviction, in the Supreme Court, of treason, bribery or corruption. In case of his removal, as aforesaid, death, resignation, or disability to discharge the powers and duties of his office, the President of the Senate shall exercise those powers and duties until another President of the United States be chosen, or until the disability of the President be removed.
Article X
Section 1
The Judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts, as shall, when necessary, from time to time, be constituted by the Legislature of the United States.
The Judges of the Supreme Court, and of the inferior courts, shall hold their offices during good behaviour. They shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. Section 3
The jurisdiction of the Supreme Court shall extend to all cases arising under laws passed by the Legislature of the United States; to all cases affecting ambassadors, other public ministers and consuls; to the trial of impeachments of officers of the United States; to all cases of admiralty and maritime jurisdiction; to controversies between two or more States, (except such as shall regard territory or jurisdiction); between a state and citizens of another State; between citizens of different States; and between a state, or the citizens thereof, and foreign states, citizens or subjects. In cases of impeachment, cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be party, this jurisdiction shall be original. In all the other cases before mentioned, it shall be appellate, with such exceptions, and under such regulations, as the Legislature shall make. The Legislature may assign any part of the jurisdiction above mentioned (except the trial of the President of the United States) in the manner and under the limitations which it shall think proper, to such inferior courts as it shall constitute from time to time. Section 4
The trial of all criminal offences (except in cases of impeachment) shall be in the State where they shall be committed; and shall be by jury. Section 5
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.
Article XI
No State shall coin money; nor grant letters of marque and reprisal; nor enter into any treaty, alliance or confederation; nor grant any title of nobility.
Article XII
No State, without the consent of the Legislature of the United States, shall emit bills of credit, or make any thing but specie a tender in payment of debts; nor lay imposts or duties on imports; nor keep troops or ships of war in time of peace; nor enter into any agreement or compact with another state, or with any foreign power; nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent as not to admit of a delay until the Legislature of the United States can be consulted.
Article XIII
The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.
Article XIV
Any person charged with treason, felony or high misdemeanor in any State, who shall flee from justice, and shall be found in any other State, shall, on demand of the Executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of the offence.
Article XV
Full faith shall be given in each State to the acts of the Legislatures, and to the records and judicial proceedings of the courts and magistrates, of every other State.
Article XVI
New States lawfully constituted or established within the limits of the United States may be admitted, by the Legislature, into this government; but to such admission the consent of two-thirds of the members present in each House shall be necessary. If a new State shall arise within the limits of any of the present States, the consent of the Legislatures of such States shall be also necessary to its admission. If the admission be consented to, the new States shall be admitted on the same terms with the original States. But the Legislature may make conditions with the new States concerning the public debt which shall be then subsisting.
Article XVII
The United States shall guarantee to each State a republican form of government; and shall protect each State against foreign invasions, and, on the application of its Legislature, against domestic violence.
Article XVIII
On the application of the Legislatures of two-thirds of the States in the Union, for an amendment of this Constitution, This draft starts to outline the process for amending the Constitution, which would become Article V. It states that two-thirds of the state legislatures could ask Congress to call another convention. the Legislature of the United States shall call a convention for that purpose.
Article XIX
The members of the Legislatures, and the Executive and Judicial officers of the United States, and of the several States, shall be bound by oath to support this Constitution.
Article XX
The ratification of the conventions of — States shall be sufficient for organizing this Constitution. This draft includes further information about the ratification process. It leaves a blank space, however, for the number of states required to approve of the Constitution before it could go into effect. The Articles of Confederation, which required unanimous support, took over three years to be officially adopted.
Article XXI
This Constitution shall be laid before the United States in Congress assembled, for their approbation; and it is the opinion of this Convention, that it should be afterwards submitted to a Convention chosen in each State, under the recommendation of its Legislature, in order to receive the ratification of such Convention.
Article XXII
To introduce this government, it is the opinion of this Convention, that each assenting convention should notify its assent and ratification to the United States in Congress assembled; that Congress, after receiving the assent and ratification of the Conventions of — States, should appoint and publish a day, as early as may be, and appoint a place, for commencing proceedings under this Constitution; that after such publication, the Legislatures of the several States should elect members of the Senate and direct the election of members of the House of Representatives; and that the members of the Legislature should meet at the time and place assigned by Congress, and should, as soon as may be after their meeting, choose the President of the United States, and proceed to execute this Constitution.
August 5, 1787
Committee of Detail, Annotated by Edmund Randolph
We the people of the States of New-Hampshire, Massachusetts, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, do ordain, declare, and establish, the following Constitution for the government of ourselves and our posterity. The Constitution now has a short Preamble, which describes its purpose. However, it begins “We the People of the States of …” and lists each of the 13 states individually.
Article I
The style of the Government shall be, “The United States of America.”
Article II
The Government shall consist of supreme Legislative, Executive, and Judicial powers.
Article III
The legislative power shall be vested in a Congress, to consist of two separate and distinct bodies of men, a House of Representatives and a Senate; each of which shall in all cases have a negative on the other. The Legislature shall meet on the first Monday in December in every year.
Article IV
Section 1
The members of the House of Representatives shall be chosen every second year, by the people of the several States comprehended within this Union. The qualifications of the electors shall be the same from time to time, as those of the electors in the several States, of the most numerous branch of their own Legislatures.
Every member of the House of Representatives shall be of the age of twenty-five years at least; shall have been a citizen in the United States for at least three years before his election; and shall be, at the time of his election, a resident of the State in which he shall be chosen. Section 3
The House of Representatives shall, at its first formation, and until the number of citizens and inhabitants shall be taken in the manner hereinafter described, consist of sixty-five members, of whom three shall be chosen in New-Hampshire, eight in Massachusetts, one in Rhode-Island and Providence Plantations, five in Connecticut, six in New-York, four in New-Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in Virginia, five in North-Carolina, five in South-Carolina, and three in Georgia. Section 4
As the proportions of numbers in different States will alter from time to time; as some of the States may hereafter be divided: as others may be enlarged by addition of territory; as two or more States may be united; as new States will be erected within the limits of the United States, the legislature shall, in each of these cases, regulate the number of Representatives by the number of inhabitants, according to the provisions hereinafter made, at the rate of one for every forty thousand. Section 5
All bills for raising or appropriating money, and for fixing the salaries of the officers of government, shall originate in the House of Representatives, and shall not be altered or amended by the Senate. No money shall be drawn from the public treasury, but in pursuance of appropriations that shall originate in the House of Representatives. Section 6
The House of Representatives shall have the sole power of impeachment. It shall choose its speaker and other officers. Section 7
Vacancies in the House of Representatives shall be supplied by writs of election from the Executive authority of the state in the representation from which they shall happen.
Article V
Section 1
The Senate of the United States shall be chosen by the Legislatures of the several States. Each Legislature shall choose two members. Vacancies may be supplied by the Executive until the next meeting of the Legislature. Each member shall have one vote.
The Senators shall be chosen for six years; but immediately after the first election, they shall be divided, by lot, into three classes, as nearly as may be, numbered one, two, and three. The seats of the members 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; of the third class at the expiration of the sixth year; so that a third part of the members may be chosen every second year. Section 3
Every member of the Senate shall be of the age of thirty years at least; shall have been a citizen in the United States for at least four years before his election; and shall be, at the time of his election, a resident of the State for which he shall be chosen. Section 4
The Senate shall choose its own President and other officers. it shall, together with his objections, be sent to the other House, by which it shall likewise be re-considered, and if approved by two-thirds of the other House also, it shall become a law. The Framers went back and forth on the number of members in each house of Congress needed to override a presidential veto. Here, it first appears as two-thirds of each House, as it would in the final text. 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 or against the bill, shall be entered on the Journal of each House respectively. If any bill shall not be returned by the President within seven days after it shall have been presented to him, it shall be a law, unless the Legislature, by their adjournment, prevent its return; in which case it shall not be a law.
Article VI
Section 1
The Legislature of the United States shall have the power to lay and collect taxes, duties, imposts and excises;
Treason against the United States shall consist only in levying war against the United States, or any of them; and in adhering to the enemies of the United States, or any of them. The Legislature of the United States shall have power to declare the punishment of treason. No person shall be convicted of treason, unless on the testimony of two witnesses. No attainder of treason shall work corruption of blood, nor forfeiture, except during the life of the person attained. Section 3
The proportions of direct taxation shall be regulated by the whole number of white and other free citizens and inhabitants of every age, sex and condition, including those bound to servitude for a term of years, and three-fifths of all other persons This draft shows the further development of the Three-Fifths Clause—the Framers’ agreement to base representation in the House on a state’s free inhabitants plus three-fifths of “all other Persons.” The final text would appear in the Committee of Style Report. not comprehended in the foregoing description, (except Indians not paying taxes); which number shall, within six years after the first meeting of the Legislature, and within the term of every ten years afterwards, be taken in such a manner as the said Legislature shall direct. Section 4
No tax or duty shall be laid by the Legislature on articles exported from any State; nor on the migration or importation of such persons as the several States shall think proper to admit; nor shall such migration or importation be prohibited. Section 5
No capitation tax shall be laid, unless in proportion to the census hereinbefore directed to be taken. Section 6
No navigation act shall be passed The Framers disagreed over whether to give Congress the power to regulate commerce on waterways. This draft allows these laws only with the support of two-thirds of each house, a position favored by the South. However, by the next draft, Southerners had agreed to a simple majority vote in return for allowing the slave trade to continue until at least 1808. without the assent of two-thirds of the members present in each House. Section 7
The United States shall not grant any title of nobility.
Article VII
The acts of the Legislature of the United States made in pursuance of this Constitution, and all treaties made under the authority of the United States, shall be the supreme law of the several States, and of their citizens and inhabitants; and the Judges in the several States shall be bound thereby in their decisions, any thing in the constitutions or laws of the several States to the contrary notwithstanding.
Article VIII
Section 1
The Senate of the United States shall have
power to make treaties, and to appoint ambassadors, and Judges of the Supreme Court.
In this draft, the Senate has treaty-making power as well as the ability to appoint Supreme Court justices and ambassadors, investing the body with greater authority than in the final document. Ultimately, the president would be given these powers with the advice and consent of the Senate.
Section 2
In all disputes and controversies now subsisting, or that may hereafter subsist, between two or more States, respecting jurisdiction or territory, the Senate shall possess the following powers: — Whenever the Legislature or the Executive authority, or lawful agent of any State, in controversy with another, shall, by memorial to the Senate, state the matter in question, and apply for a hearing, notice of such memorial and application shall be given, by order of the Senate, to the Legislature, or the Executive authority, of the other State in controversy. The Senate shall also assign a day for the appearance of the parties, by their agents, before that House. The agents shall be directed to appoint, by joint consent, commissioners or judges to constitute a court for hearing and determining the matter in question. But if the agents cannot agree, the Senate shall name three persons out of each of the several States; and from the list of such persons, each party shall alternately strike out one, until the number shall be reduced to thirteen; and from that number, not less than seven, nor more than nine, names, as the Senate shall direct, shall, in their presence, be drawn out by lot; and the persons whose names shall be so drawn, or any five of them, shall be commissioners or judges to hear and finally determine the controversy; provided a majority of the judges who shall hear the cause agree in the determination. If either party shall neglect to attend at the day assigned, without showing sufficient reasons for not attending, or being present shall refuse to strike, the Senate shall proceed to nominate three persons out of each State, and the Clerk of the Senate shall strike in behalf of the party absent or refusing. If any of the parties shall refuse to submit to the authority of such court, or shall not appear to prosecute or defend their claim or cause, the court shall nevertheless proceed to pronounce judgment. The judgment shall be final and conclusive. The proceedings shall be transmitted to the President of the Senate, and shall be lodged among the public records for the security of the parties concerned. Every commissioner shall, before he sit in judgment, take an oath to be administered by one of the Judges of the Supreme or Superior Court of the State where the cause shall be tried, “well and truly to hear and determine the matter in question, according to the best of his judgment, without favor, affection, or hope of reward.”
All controversies concerning lands claimed under different grants of two or more States, whose jurisdictions, as they respect such lands, shall have been decided or adjusted subsequently to such grants, or any of them, shall, on application to the Senate, be finally determined, as near as may be, in the same manner as is before prescribed for deciding controversies between different States.
Article IX
Section 1
The Executive power of the United States shall be vested in a single person. His style shall be, “The President of the United States of America,” and
his title shall be, “His Excellency.” He shall be elected by ballot by the Legislature.
In this draft, an election process for the president appears—but the executive would be selected by the legislature, much like a parliamentary system. It also lists a kingly title for the president: “His Excellency.” This would be dropped by the next draft.
He shall hold his office during the
term of seven years; but shall not be elected a second time.
Here, the Framers changed the term length for the presidency from six to seven years. Furthermore, the president, chosen by the legislature, would be limited to a single term. The Framers did not want to encourage the executive to seek favor with Congress to secure reelection.
Section 2
He shall, from time to time, give information to the Legislature, of the state of the Union. He may recommend to their consideration such measures as he shall judge necessary, and expedient. He may convene them on extraordinary occasions. In case of disagreement between the two Houses, with regard to the time of adjournment, he may adjourn them to such time as he thinks proper. He shall take care that the laws of the United States be duly and faithfully executed. He shall commission all the officers of the United States; and shall appoint officers in all cases not otherwise provided for by this Constitution. He shall receive Ambassadors, and may correspond with the supreme executives of the several States. He shall have power to grant reprieves and pardons, but his pardon shall not be pleadable in bar of an impeachment. He shall be Commander in Chief of the army and navy of the United States, and of the militia of the several States. He shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during his continuance in office. Before he shall enter on the duties of his department, he shall take the following oath or affirmation, “I — solemnly swear, (or affirm) that I will faithfully execute the office of President of the United States of America.” He shall be removed from his office on impeachment by the House of Representatives, and conviction, in the Supreme Court, of treason, bribery or corruption. In case of his removal, as aforesaid, death, resignation, or disability to discharge the powers and duties of his office, the President of the Senate shall exercise those powers and duties until another President of the United States be chosen, or until the disability of the President be removed.
Article X
Section 1
The Judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts, as shall, when necessary, from time to time, be constituted by the Legislature of the United States.
The Judges of the Supreme Court, and of the inferior courts, shall hold their offices during good behaviour. They shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. Section 3
The jurisdiction of the Supreme Court shall extend to all cases arising under laws passed by the Legislature of the United States; to all cases affecting ambassadors, other public ministers and consuls; to the trial of impeachments of officers of the United States; to all cases of admiralty and maritime jurisdiction; to controversies between two or more States, (except such as shall regard territory or jurisdiction); between a state and citizens of another State; between citizens of different States; and between a state, or the citizens thereof, and foreign states, citizens or subjects. In cases of impeachment, cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be party, this jurisdiction shall be original. In all the other cases before mentioned, it shall be appellate, with such exceptions, and under such regulations, as the Legislature shall make. The Legislature may assign any part of the jurisdiction above mentioned (except the trial of the President of the United States) in the manner and under the limitations which it shall think proper, to such inferior courts as it shall constitute from time to time. Section 4
The trial of all criminal offences (except in cases of impeachment) shall be in the State where they shall be committed; and shall be by jury. Section 5
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.
Article XI
No State shall coin money; nor grant letters of marque and reprisal; nor enter into any treaty, alliance or confederation; nor grant any title of nobility.
Article XII
No State, without the consent of the Legislature of the United States, shall emit bills of credit, or make any thing but specie a tender in payment of debts; nor lay imposts or duties on imports; nor keep troops or ships of war in time of peace; nor enter into any agreement or compact with another state, or with any foreign power; nor engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent as not to admit of a delay until the Legislature of the United States can be consulted.
Article XIII
The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.
Article XIV
Any person charged with treason, felony or high misdemeanor in any State, who shall flee from justice, and shall be found in any other State, shall, on demand of the Executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of the offence.
Article XV
Full faith shall be given in each State to the acts of the Legislatures, and to the records and judicial proceedings of the courts and magistrates, of every other State.
Article XVI
New States lawfully constituted or established within the limits of the United States may be admitted, by the Legislature, into this government; but to such admission the consent of two-thirds of the members present in each House shall be necessary. If a new State shall arise within the limits of any of the present States, the consent of the Legislatures of such States shall be also necessary to its admission. If the admission be consented to, the new States shall be admitted on the same terms with the original States. But the Legislature may make conditions with the new States concerning the public debt which shall be then subsisting.
Article XVII
The United States shall guarantee to each State a republican form of government; and shall protect each State against foreign invasions, and, on the application of its Legislature, against domestic violence.
Article XVIII
On the application of the Legislatures of two-thirds of the States in the Union, for an amendment of this Constitution, This draft starts to outline the process for amending the Constitution, which would become Article V. It states that two-thirds of the state legislatures could ask Congress to call another convention. the Legislature of the United States shall call a convention for that purpose.
Article XIX
The members of the Legislatures, and the Executive and Judicial officers of the United States, and of the several States, shall be bound by oath to support this Constitution.
Article XX
The ratification of the conventions of — States shall be sufficient for organizing this Constitution. This draft includes further information about the ratification process. It leaves a blank space, however, for the number of states required to approve of the Constitution before it could go into effect. The Articles of Confederation, which required unanimous support, took over three years to be officially adopted.
Article XXI
This Constitution shall be laid before the United States in Congress assembled, for their approbation; and it is the opinion of this Convention, that it should be afterwards submitted to a Convention chosen in each State, under the recommendation of its Legislature, in order to receive the ratification of such Convention.
Article XXII
To introduce this government, it is the opinion of this Convention, that each assenting convention should notify its assent and ratification to the United States in Congress assembled; that Congress, after receiving the assent and ratification of the Conventions of — States, should appoint and publish a day, as early as may be, and appoint a place, for commencing proceedings under this Constitution; that after such publication, the Legislatures of the several States should elect members of the Senate and direct the election of members of the House of Representatives; and that the members of the Legislature should meet at the time and place assigned by Congress, and should, as soon as may be after their meeting, choose the President of the United States, and proceed to execute this Constitution.
September 12, 1787
Committee of Style Report
After another month of debate, the Framers created a five-member team to polish and arrange the text: the Committee of Style. In about three days, they wrote this almost final draft that turned the previous 23 articles into seven. New printed copies were made for all of the delegates, including this one with handwritten notes by Delawarean Jacob Broom. Document courtesy of the Historical Society of Pennsylvania.
September 12, 1787
Committee of Style, Annotated by Jacob Broom
We the people of the United States, in order to form a more perfect union, to 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. The full text of the Preamble appears in this draft, stating the Constitution’s aim to “form a more perfect union.” Most significantly, the list of states has been replaced with “We the People of the United States,” to emphasize the sovereignty of the national people, rather than the individual states.
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.
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 servitude for a term of years, and excluding Indians not taxed, three fifths of all other persons. This draft includes the final text for determining representation in the House; three-fifths of a state’s enslaved population would be added to the total number of free inhabitants. While only alluding to slavery in the Constitution, the Framers also protected the slave trade until 1808 and included a clause requiring the return of enslaved persons who escaped over state lines. Slavery would not be abolished until the ratification of the 13th Amendment in 1865. 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 forty thousand, The text states that there can be no more than one representative for every 40,000 people in the House, although there can be and currently is less. However, this would be changed to one representative for every 30,000 in the final text. 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. 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 choose their Speaker and other officers; and they shall have the sole power of impeachment. Section 3
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be, into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class at the expiration of the fourth year; and of the third class at the expiration of the sixth year; so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments, until the next meeting of the Legislature. No person shall be a Senator who shall not have attained 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 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 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. 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. 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
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. The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Section 5
Each House shall be the judge of the elections, returns, and qualifications of its own members; and a majority of each shall constitute a quorum to do business: but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each House may provide. Each House may determine the results 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 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. 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 compensation for their services, to be ascertained by law, and paid out of 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 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
The enacting style of the laws shall be, “Be it enacted by the Senators and Representatives in Congress assembled.” 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 becomes 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 in 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 three-fourths of the Senate and House of Representatives, The Framers went back and forth on the number of members in each house of Congress needed to override a presidential veto. according to the rules and limitations prescribed in the case of a bill. Section 8
The Congress may by joint ballot appoint a Treasurer. They 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. To borrow money on the credit of the United States. To regulate commerce with foreign nations, 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, The core powers of Congress appear as Article I, Section 8, almost identical to the final text. Congress now only has the power to “declare” war, while day-to-day wartime decision-making is left to the president as commander in chief. grant letters of marque and reprisal, and make rules concerning captures on land and water. To raise and support armies: but no appropriations 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 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 Before the Constitutional Convention, the Continental Congress was explicitly limited to the specific powers listed in the Articles of Confederation. Under the Constitution, the Framers gave Congress the flexibility to pass laws “necessary and proper” to carry out its enumerated powers. This would become a key source of the federal government’s authority—and of ongoing constitutional debate. 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 the several States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year on 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 shall be passed, nor any ex post facto law. No capitation tax shall be laid, unless in proportion to the census herein before directed to be taken. No tax or duty shall be laid on articles exported from any State. No money shall be drawn from the Treasury, but in consequence of appropriations made by law. 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 coin money, or emit bills of credit, or make any thing but gold or silver coin a tender in payment of debts, or pass any bill of attainder, or ex post facto laws, or laws altering or impairing the obligation of contracts; or grant letters of marque and reprisal, or enter into any treaty, alliance, or confederation, or grant any title of nobility. No State shall, without the consent of Congress, lay imposts or duties on imports or exports; or with such consent, but to the use of the Treasury of the United States; or keep troops or ships of war in time of peace; or enter into any agreement or compact with another State, or with any foreign power; or engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent as not to admit of delay until the Congress can be consulted.
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,
In this draft, the Framers finally settled on a four-year term for the president with no limits. Replacing selection by Congress with the Electoral College, they did not want to prevent the people from reelecting a popular president. This changed in 1951 with the 22nd Amendment’s two-term limit.
and, together with the Vice President, chosen for the same term, be elected in the following manner:
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 be 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, Ultimately, the Framers provided the president with the authority to make treaties and to appoint Supreme Court justices and ambassadors instead of the Senate. The Senate still plays an important role, providing “advice and consent” to the president’s proposed treaties and nominations. 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. 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, both in law and equity, 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.
The Judicial power shall extend to all cases, both in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority. To all cases affecting ambassadors, other public ministers and consuls. To all cases of admiralty and maritime jurisdiction. To controversies to which the United States shall be a party. To controversies between two or more States; between a State, and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States; and between a State, or the citizens thereof, and foreign states, citizens or subjects. In 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. 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, nor 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.
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, and removed to the State having jurisdiction of the crime. No person legally held to service or labor in one State, escaping into another, shall, in consequence of regulations subsisting therein, be discharged from such service or labor; but shall be delivered up, on claim of the party to whom such service or labor may be due. Section 3
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States; without the consent of the Legislatures of the States concerned, as well as of the Congress. The Congress shall have power to dispose of and make all needful rules and regulations respecting the, territory or other property belonging to the United States: and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. Section 4
The United States shall guarantee to every State in this Union a republican form of government; and shall protect each of them against invasion; and, on application of the Legislature or Executive, against domestic violence.
Article V
The Congress, whenever two-thirds of both Houses shall deem necessary, or on the application of two-thirds of the Legislatures of the several States, shall propose amendments to this Constitution; This draft has the amendment process almost fully detailed. Congress can propose amendments with the support of two-thirds of each house or two-thirds of the state legislatures. (There is not yet a provision allowing two-thirds of the states to call for a convention, which would appear in the final text.) Three-fourths of the legislatures or state conventions are required to ratify. which shall be valid to all intents and purposes, as part thereof, when the same shall have been ratified by three-fourths at least of the Legislatures 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 — and — sections of article
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 beforementioned, 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 Article VII states the final ratification process, filling in the blank left in the previous draft. The people of nine states out of 13—represented by special conventions rather than state legislatures—would have to approve of the Constitution before it went into effect in those states. shall be sufficient for the establishment of this Constitution between the States so ratifying the same.
September 12, 1787
Committee of Style, Annotated by Jacob Broom
We the people of the United States, in order to form a more perfect union, to 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. The full text of the Preamble appears in this draft, stating the Constitution’s aim to “form a more perfect union.” Most significantly, the list of states has been replaced with “We the People of the United States,” to emphasize the sovereignty of the national people, rather than the individual states.
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.
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 servitude for a term of years, and excluding Indians not taxed, three fifths of all other persons. This draft includes the final text for determining representation in the House; three-fifths of a state’s enslaved population would be added to the total number of free inhabitants. While only alluding to slavery in the Constitution, the Framers also protected the slave trade until 1808 and included a clause requiring the return of enslaved persons who escaped over state lines. Slavery would not be abolished until the ratification of the 13th Amendment in 1865. 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 forty thousand, The text states that there can be no more than one representative for every 40,000 people in the House, although there can be and currently is less. However, this would be changed to one representative for every 30,000 in the final text. 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. 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 choose their Speaker and other officers; and they shall have the sole power of impeachment. Section 3
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be, into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class at the expiration of the fourth year; and of the third class at the expiration of the sixth year; so that one third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments, until the next meeting of the Legislature. No person shall be a Senator who shall not have attained 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 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 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. 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. 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
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. The Congress shall assemble at least once in every year; and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. Section 5
Each House shall be the judge of the elections, returns, and qualifications of its own members; and a majority of each shall constitute a quorum to do business: but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each House may provide. Each House may determine the results 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 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. 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 compensation for their services, to be ascertained by law, and paid out of 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 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
The enacting style of the laws shall be, “Be it enacted by the Senators and Representatives in Congress assembled.” 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 becomes 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 in 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 three-fourths of the Senate and House of Representatives, The Framers went back and forth on the number of members in each house of Congress needed to override a presidential veto. according to the rules and limitations prescribed in the case of a bill. Section 8
The Congress may by joint ballot appoint a Treasurer. They 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. To borrow money on the credit of the United States. To regulate commerce with foreign nations, 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, The core powers of Congress appear as Article I, Section 8, almost identical to the final text. Congress now only has the power to “declare” war, while day-to-day wartime decision-making is left to the president as commander in chief. grant letters of marque and reprisal, and make rules concerning captures on land and water. To raise and support armies: but no appropriations 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 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 Before the Constitutional Convention, the Continental Congress was explicitly limited to the specific powers listed in the Articles of Confederation. Under the Constitution, the Framers gave Congress the flexibility to pass laws “necessary and proper” to carry out its enumerated powers. This would become a key source of the federal government’s authority—and of ongoing constitutional debate. 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 the several States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year on 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 shall be passed, nor any ex post facto law. No capitation tax shall be laid, unless in proportion to the census herein before directed to be taken. No tax or duty shall be laid on articles exported from any State. No money shall be drawn from the Treasury, but in consequence of appropriations made by law. 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 coin money, or emit bills of credit, or make any thing but gold or silver coin a tender in payment of debts, or pass any bill of attainder, or ex post facto laws, or laws altering or impairing the obligation of contracts; or grant letters of marque and reprisal, or enter into any treaty, alliance, or confederation, or grant any title of nobility. No State shall, without the consent of Congress, lay imposts or duties on imports or exports; or with such consent, but to the use of the Treasury of the United States; or keep troops or ships of war in time of peace; or enter into any agreement or compact with another State, or with any foreign power; or engage in any war, unless it shall be actually invaded by enemies, or the danger of invasion be so imminent as not to admit of delay until the Congress can be consulted.
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,
In this draft, the Framers finally settled on a four-year term for the president with no limits. Replacing selection by Congress with the Electoral College, they did not want to prevent the people from reelecting a popular president. This changed in 1951 with the 22nd Amendment’s two-term limit.
and, together with the Vice President, chosen for the same term, be elected in the following manner:
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 be 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, Ultimately, the Framers provided the president with the authority to make treaties and to appoint Supreme Court justices and ambassadors instead of the Senate. The Senate still plays an important role, providing “advice and consent” to the president’s proposed treaties and nominations. 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. 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, both in law and equity, 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.
The Judicial power shall extend to all cases, both in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority. To all cases affecting ambassadors, other public ministers and consuls. To all cases of admiralty and maritime jurisdiction. To controversies to which the United States shall be a party. To controversies between two or more States; between a State, and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States; and between a State, or the citizens thereof, and foreign states, citizens or subjects. In 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. 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, nor 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.
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, and removed to the State having jurisdiction of the crime. No person legally held to service or labor in one State, escaping into another, shall, in consequence of regulations subsisting therein, be discharged from such service or labor; but shall be delivered up, on claim of the party to whom such service or labor may be due. Section 3
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States; without the consent of the Legislatures of the States concerned, as well as of the Congress. The Congress shall have power to dispose of and make all needful rules and regulations respecting the, territory or other property belonging to the United States: and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. Section 4
The United States shall guarantee to every State in this Union a republican form of government; and shall protect each of them against invasion; and, on application of the Legislature or Executive, against domestic violence.
Article V
The Congress, whenever two-thirds of both Houses shall deem necessary, or on the application of two-thirds of the Legislatures of the several States, shall propose amendments to this Constitution; This draft has the amendment process almost fully detailed. Congress can propose amendments with the support of two-thirds of each house or two-thirds of the state legislatures. (There is not yet a provision allowing two-thirds of the states to call for a convention, which would appear in the final text.) Three-fourths of the legislatures or state conventions are required to ratify. which shall be valid to all intents and purposes, as part thereof, when the same shall have been ratified by three-fourths at least of the Legislatures 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 — and — sections of article
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 beforementioned, 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 Article VII states the final ratification process, filling in the blank left in the previous draft. The people of nine states out of 13—represented by special conventions rather than state legislatures—would have to approve of the Constitution before it went into effect in those states. shall be sufficient for the establishment of this Constitution between the States so ratifying the same.
September 17, 1787
Official Printing of the U.S. Constitution
Though most of the text was final, the Framers made a few more changes during the convention’s last days. On September 15, they voted on the Constitution with all the states present agreeing before signing the document on September 17, 1787. This is one of the official copies printed for the delegates, Congress, and the states. The text below is as it was published in 1787 before it was changed by later amendments. Document courtesy of the Historical Society of Pennsylvania.
September 17, 1787
1787 Constitutional Convention
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. This is the final text, as it appeared in the Committee of Style Report.
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.
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. This is the final text, as it appeared in the Committee of Style Report. 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, Originally, the text stated that there can be no more than one representative for every 40,000 people in the House, although there can be and currently is less. However, before signing, George Washington supported a motion that the number be changed to 30,000—the only time he voiced his opinion during the convention. The other delegates unanimously agreed. but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. Section 3
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Section 4
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Section 5
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. Section 6
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. Section 7
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress 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, The Framers went back and forth on the number of members in each house of Congress needed to override a presidential veto. In the final text, the number was lowered from three-fourths to two-thirds of each House. 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, This is the final text, as it appeared in the Committee of Style Report. 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 Before the Constitutional Convention, the Continental Congress was explicitly limited to the specific powers listed in the Articles of Confederation. Under the Constitution, the Framers gave Congress the flexibility to pass laws “necessary and proper” to carry out its enumerated powers. This would become a key source of the federal government’s authority—and of ongoing constitutional debate. 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,
This is the final text, as it appeared in the Committee of Style Report.
and, together with the Vice President, chosen for the same Term, be elected, as follows:
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, After some debate, the Framers decide to allow the president, the courts, or department heads to directly appoint “inferior officers” as designated by Congress. This can be done without the Senate’s approval. 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.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have 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.
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. 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 In the final text of Article V, the Framers created an option for bypassing Congress to propose amendments. Two-thirds of the state legislatures can require Congress to 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. This draft added a provision declaring that a constitutional amendment could never deny a state equal representation in the Senate without its consent. It joined an earlier ban on any amendment that would end the importation of slaves before 1808.
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, This is the final text, as it appeared in the Committee of Style Report. shall be sufficient for the Establishment of this Constitution between the States so ratifying the same.
Done in Convention by the Unanimous Consent of the States present, On the day of the signing, Benjamin Franklin encouraged unanimous support of the Constitution. He proposed the final text that was added, which included “by the unanimous consent of the states present.” This allowed the signers to say they were only witnessing what was done by the convention even if they had individual reservations. Despite this, three delegates present refused to sign. 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. George Washington, President and deputy from Virginia NEW HAMPSHIREJohn Langdon, Nicholas Gilman MASSACHUSETTS
Nathaniel Gorham, Rufus King CONNECTICUT
William Samuel Johnson, Roger Sherman NEW YORK
Alexander Hamilton NEW JERSEY
William Livingston, David Brearley, William Paterson, Jonathan Dayton PENNSYLVANIA
Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas FitzSimons, Jared Ingersoll, James Wilson, Gouverneur Morris DELAWARE
George Read, Gunning Bedford, Jr., John Dickinson, Richard Bassett, Jacob Broom MARYLAND
James McHenry, Daniel of St. Thomas Jenifer, Daniel Carrol VIRGINIA
John Blair, James Madison NORTH CAROLINA
William Blount, Richard Dobbs Spaight, Hugh Williamson SOUTH CAROLINA
John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler GEORGIA
William Few, Abraham Baldwin Attest William Jackson, Secretary
September 17, 1787
1787 Constitutional Convention
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. This is the final text, as it appeared in the Committee of Style Report.
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.
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. This is the final text, as it appeared in the Committee of Style Report. 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, Originally, the text stated that there can be no more than one representative for every 40,000 people in the House, although there can be and currently is less. However, before signing, George Washington supported a motion that the number be changed to 30,000—the only time he voiced his opinion during the convention. The other delegates unanimously agreed. but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. Section 3
The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present. Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law. Section 4
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day. Section 5
Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide. Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting. Section 6
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office. Section 7
All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress 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, The Framers went back and forth on the number of members in each house of Congress needed to override a presidential veto. In the final text, the number was lowered from three-fourths to two-thirds of each House. 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, This is the final text, as it appeared in the Committee of Style Report. 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 Before the Constitutional Convention, the Continental Congress was explicitly limited to the specific powers listed in the Articles of Confederation. Under the Constitution, the Framers gave Congress the flexibility to pass laws “necessary and proper” to carry out its enumerated powers. This would become a key source of the federal government’s authority—and of ongoing constitutional debate. 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,
This is the final text, as it appeared in the Committee of Style Report.
and, together with the Vice President, chosen for the same Term, be elected, as follows:
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, After some debate, the Framers decide to allow the president, the courts, or department heads to directly appoint “inferior officers” as designated by Congress. This can be done without the Senate’s approval. 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.
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have 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.
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. 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 In the final text of Article V, the Framers created an option for bypassing Congress to propose amendments. Two-thirds of the state legislatures can require Congress to 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. This draft added a provision declaring that a constitutional amendment could never deny a state equal representation in the Senate without its consent. It joined an earlier ban on any amendment that would end the importation of slaves before 1808.
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, This is the final text, as it appeared in the Committee of Style Report. shall be sufficient for the Establishment of this Constitution between the States so ratifying the same.
Done in Convention by the Unanimous Consent of the States present, On the day of the signing, Benjamin Franklin encouraged unanimous support of the Constitution. He proposed the final text that was added, which included “by the unanimous consent of the states present.” This allowed the signers to say they were only witnessing what was done by the convention even if they had individual reservations. Despite this, three delegates present refused to sign. 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. George Washington, President and deputy from Virginia NEW HAMPSHIREJohn Langdon, Nicholas Gilman MASSACHUSETTS
Nathaniel Gorham, Rufus King CONNECTICUT
William Samuel Johnson, Roger Sherman NEW YORK
Alexander Hamilton NEW JERSEY
William Livingston, David Brearley, William Paterson, Jonathan Dayton PENNSYLVANIA
Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas FitzSimons, Jared Ingersoll, James Wilson, Gouverneur Morris DELAWARE
George Read, Gunning Bedford, Jr., John Dickinson, Richard Bassett, Jacob Broom MARYLAND
James McHenry, Daniel of St. Thomas Jenifer, Daniel Carrol VIRGINIA
John Blair, James Madison NORTH CAROLINA
William Blount, Richard Dobbs Spaight, Hugh Williamson SOUTH CAROLINA
John Rutledge, Charles Cotesworth Pinckney, Charles Pinckney, Pierce Butler GEORGIA
William Few, Abraham Baldwin Attest William Jackson, Secretary
Drafts
Jul 24, 1787
Report of the Convention’s Resolutions
Written by James Wilson, this draft lists what the Framers agreed to during the first two months of the convention. Wilson, serving on the Committee of Detail with four other delegates, used this document to create the next draft of the Constitution, which would expand and revise these resolutions.
Aug 3, 1787
Manuscript of the Committee of Detail Report
James Wilson wrote this document while serving on the Committee of Detail. Consisting of five members, the committee used the previously adopted resolutions and proposals to begin its work—making many edits and additions to create this preliminary draft of the Constitution.
Aug 5, 1787
Proof Copy of the Committee of Detail Report
The Committee of Detail gave its report to a pair of Philadelphia printers. This is the only known proof copy, which is nearly identical to James Wilson’s manuscript, and was submitted for review. Committee-member Edmund Randolph made 11 corrections before copies were printed for all of the delegates.
Sep 12, 1787
Committee of Style Report
After another month of debate, the Framers created a five-member team to polish and arrange the text: the Committee of Style. In about three days, they wrote this almost final draft that turned the previous 23 articles into seven. New printed copies were made for all of the delegates, including this one with handwritten notes by Delawarean Jacob Broom.
Sep 17, 1787
Official Printing of the U.S. Constitution
Though most of the text was final, the Framers made a few more changes during the convention’s last days. On September 15, they voted on the Constitution with all the states present agreeing before signing the document on September 17, 1787. This is one of the official copies printed for the delegates, Congress, and the states. The text below is as it was published in 1787 before it was changed by later amendments.