Home > 106th Congressional Documents > H.Doc.106-155 SUPPLEMENTAL APPROPRIATIONS LANGUAGE IN RESPONSE TO HURRICANE FLOYD ...H.Doc.106-155 SUPPLEMENTAL APPROPRIATIONS LANGUAGE IN RESPONSE TO HURRICANE FLOYD ...
explanatory letter. Congress, on the 28th of September, 1787, directed
the Constitution so framed, with the resolutions and letter concerning
the same, to ``be transmitted to the several Legislatures in order to
be submitted to a convention of delegates chosen in each State by the
people thereof, in conformity to the resolves of the convention.''
On the 4th of March, 1789, the day which had been fixed for commencing
the operations of Government under the new Constitution, it had been
ratified by the conventions chosen in each State to consider it, as
follows: Delaware, December 7, 1787; Pennsylvania, December 12, 1787;
New Jersey, December 18, 1787; Georgia, January 2, 1788; Connecticut,
January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 28,
1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788;
Virginia, June 25, 1788; and New York, July 26, 1788.
The President informed Congress, on the 28th of January, 1790, that
North Carolina had ratified the Constitution November 21, 1789; and he
informed Congress on the 1st of June, 1790, that Rhode Island had
ratified the Constitution May 29, 1790. Vermont, in convention,
ratified the Constitution January 10, 1791, and was, by an act of
Congress approved February 18, 1791, ``received and admitted into this
Union as a new and entire member of the United States.''
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Section. 2. \1\ 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.
\2\ 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.
\3\ 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.\2\ The actual Enumeration shall be made within three
Years after the first Meeting of the Congress of the United
States, and within every subsequent Term of ten Years, in such
Manner as they shall by Law direct. The Number of
Representatives shall not exceed one for every thirty Thousand,
but each State shall have at Least one Representative; and
until such enumeration shall be made, the State of New
Hampshire shall be entitled to chuse three, Massachusetts
eight, Rhode-Island and providence Plantations one, Connecticut
five, New-York six, New Jersey four, Pennsylvania eight,
Delaware one, Maryland six, Virginia ten, North Carolina five,
South Carolina five, and Georgia three.
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\2\ The part of this clause relating to the mode of apportionment of
representatives among the several States has been affected by section 2
of amendment XIV, and as to taxes on incomes without apportionment by
amendment XVI.
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\4\ When vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of
Election to fill such Vacancies.
\5\ The House of Representatives shall chuse their Speaker
and other Officers; and shall have the sole Power of
Impeachment.
Section. 3. \1\ The Senate of the United States shall be
composed of two Senators from each State, chosen by the
Legislature thereof.\3\ for six Years; and each Senator shall
have one Vote.
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\3\ This clause has been affected by clause 1 of amendment XVII.
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\2\ Immediately after they shall be assembled in
Consequence of the first Election, they shall be divided as
equally as may be into three Classes. The Seats of the Senators
of the first Class shall be vacated at the Expiration of the
second Year, of the second Class at the Expiration of the
fourth Year, and of the third Class at the Expiration of the
sixth Year, so that one third may be chosen every second Year;
and if Vacancies happen by Resignationor 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.\4\
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\4\ This clause has been affected by clause 2 of amendment XVIII.
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\3\ No Person shall be a Senator who shall not have
attained to the Age of thirty Years, and been nine Years a
Citizen of the United States, and who shall not, when elected,
be an Inhabitant of that State for which he shall be chosen.
\4\ The Vice President of the United States shall be
President of the Senate, but shall have no Vote, unless they be
equally divided.
\5\ The Senate shall 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.
\6\ The Senate shall have the sole Power to try all
Impeachments. When sitting for that Purpose, they shall be on
Oath or Affirmation. When the President of the United States is
tried, the Chief Justice shall preside: And no Person shall be
convicted without the Concurrence of two thirds of the Members
present.
\7\ 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. \1\ The Times, Places and Manner of holding
Elections for Senators and Representatives, shall be prescribed
in each State by the Legislature thereof; but the Congress may
at any time by Law make or alter such Regulations, except as to
the Places of chusing Senators.
\2\ The Congress shall assemble at least once in every Year
and such Meeting shall be on the first Monday in December,\5\
unless they shall by Law appoint a different Day.
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\5\ This clause has been affected by amendment XX.
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Section. 5. \1\ Each House shall be the Judge of the
Elections, Returns and Qualifications of its own Members, and a
Majority of each shall constitute a Quorum to do Business; but
a smaller Number may adjourn from day to day, and may be
authorized to compel the Attendance of absent Members, in such
Manner, and under such Penalties as each House may provide.
\2\ Each House may determine the Rules of its Proceedings,
punish its Members for disorderly Behavior, and, with the
Concurrence of two thirds, expel a Member.
\3\ Each House shall keep a Journal of its Proceedings, and
from time to time publish the same, excepting such Parts as may
in their 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.
\4\ Neither House, during the Session of Congress, shall,
without the Consent of the other, adjourn for more than three
days, nor to any other Place than that in which the two Houses
shall be sitting.
Section. 6. \1\ The Senators and Representatives shall
receive a Compensation for their Services, to be ascertained by
Law, and paid out of the Treasury of the United States.\6\ 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.
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\6\ This clause has been affected by amendment XXVII.
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\2\ No Senator or Representative shall, during the Time for
which he was elected, be appointed to any civil Office under
the Authority of the United States, which shall have 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. \1\ All Bills for raising Revenue shall
originate in the House of Representatives; but the Senate may
propose or concur with Amendments as on other Bills.
\2\ Every Bill which shall have passed the House of
Representatives and the Senate, shall, before it become a Law,
be presented to the President of the United States; If he
approve he shall sign it, but if not he shall return it, with
his Objections to that House in which it shall have originated,
who shall enter the Objections at large on their Journal, and
proceed to reconsider it. If after such Reconsideration two
thirds of that House shall agree to pass the Bill, it shall be
sent, together with the Objections, to the other House, by
which it shall likewise be reconsidered, and if approved by two
thirds of that House, it shall become a Law. But in all such
Cases the Votes of both Houses shall be determined by yeas and
Nays, and the Names of the Persons voting for and against the
Bill shall be entered on the Journal of each House
respectively. If any Bill shall not be returned by the
President within ten Days (Sundays excepted) after it shall
have been presented to him, the Same shall be a Law, in like
Manner as if he had signed it, unless the Congress by their
Adjournment prevent its Return, in which Case it shall not be a
Law.
\3\ Every Order, Resolution, or Vote to which the
Concurrence of the Senate and House of Representatives may be
necessary (except on a question of Adjournment) shall be
presented to the President of the United States; and before the
Same shall take Effect, shall be approved by him, or being
disapproved by him, shall be repassed by two thirds of the
Senate and House of Representatives, according to the Rules and
Limitations prescribed in the Case of a Bill.
Section. 8. \1\ 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;
\2\ To borrow Money on the credit of the United States;
\3\ To regulate Commerce with foreign Nations, and among
the several States, and with the Indian Tribes;
\4\ To establish an uniform Rule of Naturalization, and
uniform Laws on the subject of Bankruptcies throughout the
United States;
\5\ To coin Money, regulate the Value thereof, and of
foreign Coin, and fix the Standard of Weights and Measures;
\6\ To provide for the Punishment of counterfeiting the
Securities and current Coin of the United States;
\7\ To establish Post Offices and post Roads;
\8\ To promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the
exclusive Right to their respective Writings and Discoveries;
\9\ To constitute Tribunals inferior to the supreme Court;
\10\ To define and punish Piracies and Felonies committed
on the high Seas, and Offences against the Law of Nations;
\11\ To declare War, grant Letters of Marque and Reprisal,
and make Rules concerning Captures on Land and Water;
\12\ To raise and support Armies, but no Appropriation of
Money to that Use shall be for a longer Term than two Years;
\13\ To provide and maintain a Navy;
\14\ To make Rules for the Government and Regulation of the
land and naval Forces;
\15\ To provide for calling forth the Militia to execute
the Laws of the Union, suppress Insurrections and repel
Invasions;
\16\ To provide for organizing, arming, and disciplining,
the Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving to the
States respectively, the Appointment of the Officers, and the
Authority of training the Militia according to the discipline
prescribed by Congress;
\17\ To exercise exclusive Legislation in all Cases
whatsoever, over such District (not exceeding ten Miles square)
as may, by Cession of particular States, and the Acceptance of
Congress, become the Seat of the Government of the United
States, and to exercise like Authority over all Places
purchased by the Consent of the Legislature of the State in
which the Same shall be, for the Erection of Forts, Magazines,
Arsenals, dock-Yards, and other needful buildings;--And
\18\ To make all Laws which shall be necessary and proper
for carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of the
United States, or in any Department or Officer thereof.
Section. 9. \1\ The Migration or Importation of such
Persons as any of the States now existing shall think proper to
admit, shall not be prohibited by the Congress prior to the
Year one thousand eight hundred and eight, but a Tax or duty
may be imposed on such Importation, not exceeding ten dollars
for each Person.
\2\ The Privilege of the Writ of Habeas Corpus shall not be
suspended, unless when in Cases of Rebellion or Invasion the
public Safety may require it.
\3\ No Bill of Attainder or ex post facto Law shall be
passed.
\4\ No Capitation, or other direct, Tax shall be laid,
unless in Proportion to the Census or Enumeration herein before
directed to be taken.\7\
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\7\ This clause has been affected by amendment XVI.
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\5\ No Tax or Duty shall be laid on Articles exported from
any State.
\6\ No Preference shall be given by any Regulation of
Commerce or Revenue to the Ports of one State over those of
another: nor shall Vessels bound to, or from, one State, be
obliged to enter, clear, or pay Duties in another.
\7\ No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law; and a regular
Statement and Account of the Receipts and Expenditures of all
public Money shall be published from time to time.
\8\ No Title of Nobility shall be granted by the United
States: And no Person holding any Office 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. \1\ No State shall enter into any Treaty,
Alliance, or Confederation; grant Letters of Marque and
Reprisal; coin Money; emit Bills of Credit; make any Thing but
gold and silver Coin a Tender in Payment of Debts; pass any
Bill of Attainder, ex post facto Law, or Law impairing the
Obligation of Contracts, or grant any Title of Nobility.
\2\ No State shall, without the Consent of the Congress,
lay any Imposts or Duties on Imports or Exports, except what
may be absolutely necessary for executing 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.
\3\ No State shall, without the Consent of Congress, lay
any Duty of Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or Compact with another State,
or with a foreign Power, or engage in War, unless actually
invaded, or in such imminent Danger as will not admit of delay.
Article. II.
Section. 1. \1\ The executive Power shall be vested in a
President of the United States of America. He shall hold his
Office during the Term of four Years, and, together with the
Vice President, chosen for the same Term, be elected, as
follows
\2\ Each State shall appoint, in such Manner as the
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