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2 Foreword Preface The Declaration of Independence (1776) The Virginia Declaration of Rights (1776) The Virginia Act For Establishing Religious Freedom (1786) The Northwest Ordinance (1787) The Constitution of the United States (1787) The Federalist Papers: Federalist No. 10 The Bill of Rights (1791) Other Amendments to the Constitution George Washington: Farewell Address (1796) Thomas Jefferson: Inaugural Address (1801) James Monroe: The Monroe Doctrine (1823) James Polk 7

3 Woodrow Wilson: Fourteen Points Speech (1918) Franklin D. Roosevelt: Four Freedoms Speech (1941) The Atlantic Charter (1941) Harry S. Truman: The Truman Doctrine (1947) Dwight D. Eisenhower: Atoms for Peace (1953) The United States Supreme Court Brown v. Board of Education (1954) John F. Kennedy: Inaugural Address (1961) John F. Kennedy: American University Address (1963) Martin Luther King, Jr.: I Have a Dream Speech (1963) Lyndon B. Johnson: Civil Rights Statements (1964) Jimmy Carter: United Nations Address (1977) U.S. Supreme Court 25 Historic Decisions 9

4 Daniel Webster: Second Reply to Robert Hyane (1830) Andrew Jackson: Proclamation (1832) Alexis de Tocqueville: Democracy in America (1835) Ralph Waldo Emerson: Self-Reliance (1841) Introduction to the Court Opinion on the Dred Scott Case (1857) Abraham Lincoln: First Inaugural Address (1861) Abraham Lincoln: State of the Union Address (1862) Abraham Lincoln: The Emancipation Proclamation (1863) Abraham Lincoln: The Gettysburg Address (1863) Abraham Lincoln: Second Inaugural Address (1865) Theodore Roosevelt: The Conservation Of Natural Resources (1907) Woodrow Wilson: First Inaugural Address (1913) Woodrow Wilson: Mobile Speech (1913) 8

5 FOREWORD/ The Public Affairs Section of the U.S. Embassy Seoul prepared this booklet to provide accurate, comprehensive and objective information about American history and democracy. For Americans, democracy is not only a government of the people, by the people, and for the people, as Abraham Lincoln said, it is also a limitation on majoritarian rule. Because the United States was founded by settlers from other nations who had different political, social, religious and economic beliefs, in order to become one nation, the country s founders did something no other society had ever done -- they set up elaborate safeguards to ensure that the majority did not become a tyrant by force of numbers. This is the ideal that out of many will emerge one. American democracy is about many people seeking to find common ground. As you will see from this booklet, America s search for democracy has not been perfect. To look at American democracy is to look at a country in the midst of a continual search that many believe must never stop. Democracy is not so much an end result, but the process by which a nation and its people strive towards the ideal. This booklet consists of documents relating to the country s search for democracy. The term document has been broadly interpreted to include court decisions, legislative acts, presidential decrees, essays, letters, speeches, and the Declaration of Independence and Constitution?the bedrocks of American political democracy. These materials chart America s search for itself, a process that has continued for almost four centuries. An electronic version of this booklet Living Documents of American History and Democracy can be found at 1

6 Info-pediaUSA URL: Dr. Kim Su Nam, Director of the Information Resource Center, and all of the staff of the Public Affairs Section of the U.S. Embassy Seoul, who worked on the Korean Textbook Project, wish you every success in your study of the United States. We also extend our thanks to Kwun Dae-Suk and Jeon Yun-Woo who worked on the design and publishing of the booklet. We appreciate your feed-back about this booklet. Please contact us via the contact information listed on the back cover page. April 2006 Information Resource Center Public Affairs Section U.S. Embassy, Seoul 2

7 Archive of American Public Address / This volume is updated from an original compilation of noteworthy documents by Dr. Henry Steele Commager, one of America s leading historians and the editor of Documents of American History, a compendium of more than 500 state papers, famous speeches, and significant court decisions. Dr. Commager wrote the introduction to this pamphlet and the commentaries that precede the individual documents. Because of space limitations, a number of the documents have been considerably abridged. 3

8 Preface / The United States is at once a very new nation and a very old nation. It is a new nation compared with many other countries, and it is new, too, in the sense that it is constantly being renewed by the addition of new elements of population and of new States. But in other senses it is old. It is the oldest of the new nations; the first one to be made out of an Old World colony. It has the oldest written constitution, the oldest continuous federal system, and the oldest practice of self-government of any nation. One of the most interesting features of America s youth is that the whole of its history belongs in the period since the invention of the printing press. The whole of its history is, therefore, recorded: indeed, it is safe to say that no other major nation has so comprehensive a record of its history as has the United States, for events such as those that are lost in the legendary past of Italy or France or England are part of the printed record of the United States And the American record is not only comprehensive; it is immense. It embraces not only the record of the colonial era and of the Nation since 1776, but of the present fifty States as well, and the intricate network of relationships between States and Nation. Thus, to take a very elementary example, the reports of the United States Supreme Court fill over 400 volumes, and the reports of some States are almost equally voluminous: the reader who wants to trace the history of law in America is confronted with several thousand stout volumes of legal cases. No one document, no handful of documents, can properly be said to reveal the character of a people or of their government. But when hundreds and thousands of documents strike a consistent note, over more than a hundred years, we have a right to say that that is the keynote. When hundreds and thousands of documents address themselves in the same ways, to the same overarching problems, we have a right to read from them certain conclusions which we can call national 4

9 characteristics. The historic documents presented here have been chosen not to illustrate particular traits of national character, but for their intrinsic importance. Yet who that reads them can doubt that they did, in fact, illustrate some pervasive traits of character, some dominant and persistent preoccupations? What are some of the preoccupations, or some of the traits of character, that we can fairly read out of these documents? First, that men make government; that government comes from below, not above; that its purpose is to advance the happiness and the welfare of men and that it has, in the long run, no other or higher purpose. Second, that government so constructed is a limited government, limited in its power, and in the scope of its power. And there are some things government cannot do, some areas where it may not enter. Third, that the most effective method of limiting government is by law; that all government should be government under the law and by the law; that no men or institutions are above the law. Fourth, that in a highly complex society, made up of many states and many peoples, it is essential to formalize governmental arrangements. That the nature and power of government therefore should be set forth in written constitutions; that these constitutions are paramount; that their provisions are to be judged by courts; and that the decisions of courts are to be respected and observed by all branches of government and all elements of society. Fifth, that such principles as self-government, or freedom, or social welfare, are not static but dynamic; that each generation will broaden its concept of the nature of these principles; that the function of government is to enable society to enlarge the areas of self-government, of freedom, and of social welfare. Sixth, that just as no man is an island unto himself, so no nation is an island unto itself, but part of a larger community of nations; that the United States is peculiarly dependent on and related to other peoples and other nations; that it has obligations to the community of nations which it cannot ignore and which it must and does fulfill. Seventh, that all government-and indeed all social 5

10 activities-are part of a moral order; that they rest upon moral principles and standards; and that to be valid they must be consistent with that order and observe those standards. Henry Steele Commager 6

11 Foreword Preface The Declaration of Independence (1776) The Virginia Declaration of Rights (1776) The Virginia Act For Establishing Religious Freedom (1786) The Northwest Ordinance (1787) The Constitution of the United States (1787) The Federalist Papers: Federalist No. 10 The Bill of Rights (1791) Other Amendments to the Constitution George Washington: Farewell Address (1796) Thomas Jefferson: Inaugural Address (1801) James Monroe: The Monroe Doctrine (1823) James Polk 7

12 Daniel Webster: Second Reply to Robert Hyane (1830) Andrew Jackson: Proclamation (1832) Alexis de Tocqueville: Democracy in America (1835) Ralph Waldo Emerson: Self-Reliance (1841) Introduction to the Court Opinion on the Dred Scott Case (1857) Abraham Lincoln: First Inaugural Address (1861) Abraham Lincoln: State of the Union Address (1862) Abraham Lincoln: The Emancipation Proclamation (1863) Abraham Lincoln: The Gettysburg Address (1863) Abraham Lincoln: Second Inaugural Address (1865) Theodore Roosevelt: The Conservation Of Natural Resources (1907) Woodrow Wilson: First Inaugural Address (1913) Woodrow Wilson: Mobile Speech (1913) 8

13 Woodrow Wilson: Fourteen Points Speech (1918) Franklin D. Roosevelt: Four Freedoms Speech (1941) The Atlantic Charter (1941) Harry S. Truman: The Truman Doctrine (1947) Dwight D. Eisenhower: Atoms for Peace (1953) The United States Supreme Court Brown v. Board of Education (1954) John F. Kennedy: Inaugural Address (1961) John F. Kennedy: American University Address (1963) Martin Luther King, Jr.: I Have a Dream Speech (1963) Lyndon B. Johnson: Civil Rights Statements (1964) Jimmy Carter: United Nations Address (1977) U.S. Supreme Court 25 Historic Decisions 9

14 The Declaration of Independence (1776) / As the war between Great Britain and her American colonies, which had begun in April 1775, continued, the prospects for reconciliation faded, and complete independence became the goal of the colonies. On June 7, 1776, at a meeting of the Continental Congress, Richard Henry Lee, of Virginia, introduced a resolution stating that the colonies are, and of right ought to be, free and independent States. On June 10, a committee was appointed to prepare an independence proclamation. The actual writing was assigned to Thomas Jefferson. On July 4, the Declaration was agreed to and sent to the legislatures of the thirteen States for signatures and ratification. The Declaration consists of three parts: first, a profound and eloquent statement of political philosophy-the philosophy of democracy and of freedom; second, a statement of specific grievances designed to prove that George III had subverted American freedoms; and third, a solemn statement of independence and pledge of support for that policy. When in the course of human events, it becomes necessary for one people to dissolve the political bands 10

15 which have connected them with another, and to assume the Powers of the earth, the separate and equal station to which the Laws of Nature and of Nature s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation. We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. -- Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people. 11

16 Nor have We been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too must have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends. We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be free and independent states; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the Protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor. Source: F. N. Thorpe, ed., Federal and State Constitutions, vol. 1 (1909), 3. 12

17 The Virginia Declaration of Rights (1776) / Bills of Rights had been long familiar to both Englishmen and Americans. Thus, as early as 1641 the Colony of Massachusetts had adopted a Body of Liberties, and many of the American colonies rejoiced in declarations of rights and freedoms in their charters. All American colonials, too, knew the history of Magna Carta, of the Petition of Rights and the Bill of Rights in the mother country. But the American bills of rights were the first in all history to be part of the Constitution, and thus paramount law. The first and most famous of these bills was the one drawn up by George Mason and adopted by the Virginia Assembly on June 12, This eloquent statement of fundamental rights was widely copied not only in America, but abroad; it was especially popular in France and contributed to the later French Declarations of the Rights of Man. June 12, 1776 I. That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. II. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them. III. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation or community; of all the various modes and forms of government that is best, which is capable of producing the greatest degree of happiness and safety and is most effectually secured against the danger of maladministration; and that, whenever any government 13

18 shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, unalienable, and indefeasible right to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal. IV. That no man, or set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislator, or judge be hereditary. V. That the legislative and executive powers of the state should be separate and distinct from the judicative; and, that the members of the two first may be restrained from oppression by feeling and participating the burthens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections in which all, or any part of the former members, to be again eligible, or ineligible, as the laws shall direct. VI. That elections of members to serve as representatives of the people in assembly ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community have the right of suffrage and cannot be taxed or deprived of their property for public uses without their own consent or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented, for the public good. VII. That all power of suspending laws, or the execution of laws, by any authority without consent of the representatives of the people is injurious to their rights and ought not to be exercised. VIII. That in all capital or criminal prosecutions a man hath a right to demand the cause and nature of his accusation to be confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy 14

19 trial by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty, nor can he be compelled to give evidence against himself; that no man be deprived of his liberty except by the law of the land or the judgment of his peers. IX. That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted. X. That general warrants, whereby any officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offense is not particularly described and supported by evidence, are grievous and oppressive and ought not to be granted. XI. That in controversies respecting property and in suits between man and man, the ancient trial by jury is preferable to any other and ought to be held sacred. XII. That the freedom of the press is one of the greatest bulwarks of liberty and can never be restrained but by despotic governments. XIII. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and be governed by, the civil power. XIV. That the people have a right to uniform government; and therefore, that no government separate from, or independent of, the government of Virginia, ought to be erected or established within the limits thereof. XV. That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue and by frequent recurrence to fundamental principles. 15

20 XVI. That religion, or the duty which we owe to our Creator and the manner of discharging it, can be directed by reason and conviction, not by force or violence; and therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other. 16

21 The Virginia Act For Establishing Religious Freedom (1786) / At the time of the American Revolution the Church of England was the Established Church in all the southern colonies under British rule in North America. One of the most remarkable consequences of the Revolution was the separation of Church and State: the American States-and the new United States-took the lead in the western world in this policy of separation. Although the Virginia Declaration of Rights of 1776 had announced the principle of religious liberty, actual disestablishment of the Church did not come until after the Revolution. There was bitter opposition to disestablishment, not only from the Anglicans but also from other dissenting churches, and it was not until January 16, 1786, that the combined efforts of James Madison and Thomas Jefferson succeeded in pushing through in Virginia this famous statute of religious liberty. Jefferson, who all his life exalted intellectual freedom, regarded this statute as one of his most notable contributions. It was widely translated, and achieved world renown. Well aware that Almighty God hath created the mind free; that all attempts to influence it by temporal punishments or burdens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the Holy Author of our religion, who being Lord both of body and mind, yet chose not to propagate it by coercions on either, as was in his Almighty power to do; that the impious presumption of legislators and rulers, civil as well as ecclesiastical, who, being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavoring to impose them on others, hath established and maintained false religions over the greatest part of the world, and through all time; that to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves, is sinful and 17

22 tyrannical; that even the forcing him to support this or that teacher of his own religious persuasion, is depriving him of the comfortable liberty of giving his contributions to the particular pastor whose morals he would make his pattern, and whose powers he feels most persuasive to righteousness, and is withdrawing from the ministry those temporal rewards, which proceeding from an approbation of their personal conduct, are an additional incitement to earnest and unremitting labors for the instruction of mankind; that our civil rights have no dependence on our religious opinions, more than our opinions in physics or geometry; that, therefore, the proscribing any citizen as unworthy the public confidence by laying upon him an incapacity of being called to the offices of trust and emolument, unless he profess or renounce this or that religious opinion, is depriving him injuriously of those privileges and advantages to which in common with his fellow citizens he has a natural right; that it tends also to corrupt the principles of that very religion it is meant to encourage, by bribing, with a monopoly of worldly honors and emoluments, those who will externally profess and conform to it; that though indeed these are criminal who do not withstand such temptation, yet neither are those innocent who lay the bait in their way; that to suffer the civil magistrate to intrude his powers into the field of opinion and to restrain the profession or propagation of principles, on the supposition of their ill tendency, is a dangerous fallacy, which at once destroys all religious liberty, because he being of course judge of that tendency, will make his opinions the rule of judgment, and approve or condemn the sentiments of others only as they shall square with or differ from his own; that it is time enough for the rightful purposes of civil government, for its officers to interfere when principles break out into overt acts against peace and good order; and finally, that truth is great and will prevail if left to herself, that she is the proper and sufficient antagonist to error, and has nothing to fear from the conflict, unless by human interposition disarmed of her natural weapons, free argument and debate, errors ceasing to be dangerous when it is permitted freely to contradict them. 18

23 Be it therefore enacted by the General Assembly, That no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burdened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but that all men shall be free to profess, and by argument to maintain, their opinions in matters of religion, and that the same shall in nowise diminish, enlarge, or affect their civil capacities. And though we well know this Assembly, elected by the people for the ordinary purposes of legislation only, have no powers equal to our own and that therefore to declare this act irrevocable would be of no effect in law, yet we are free to declare, and do declare, that the rights hereby asserted are of the natural rights of mankind, and that if any act shall be hereafter passed to repeal the present or to narrow its operation, such act will be an infringement of natural right. 19

24 The Northwest Ordinance (1787) / The general principles for American expansion westward on the continent had been laid down in Thomas Jefferson s Ordinance of April 23, 1784, but, since it did not provide in detail for the establishment of an administrative structure, it was never put into effect. The Northwest Ordinance of July 13, 1787, which applied to the government of territory settled northwest of the Ohio River, fundamentally followed Jefferson s Ordinance. Its immediate impulse came from members of the Ohio Company of Associates and of the Society of the Cincinnati, who wished to establish colonies in the Ohio country. The authorship of the Ordinance is a matter of controversy, but it seems probable that Rufus King and Nathan Dane were its principal authors. Be it ordained by the United States in Congress assembled, That the said territory, for the purposes of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient. 20

25 Article I. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments, in the said territory. Article II. The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature; and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offenses, where the proof shall be evident or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers or the law of the land; and, should the public exigencies make it necessary, for the common preservation, to take any person s property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements, bona fide, and without fraud, previously formed. Article III. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and, in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity, shall from time to time be made for preventing wrongs being done to them, and for preserving peace and friendship with them. 21

26 Article IV. The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. Article V. There shall be formed in the said territory, not less than three nor more than five States. Article VI. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted: Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid. 22

27 The Constitution of the United States (1787) / When the colonies first attempt at national government, formed under the Articles of Confederation, proved unsuccessful in welding the thirteen original States into a unified nation, the American people adopted the present Constitution of the United States. One of the world s oldest national constitutions, it became the fundamental law of the land on March 4, A few years later the first ten amendments, the so-called Bill of Rights, were added, to be followed during the next century and a half by several more amendments. We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. Article I Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which 23

28 shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to 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 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. 24

29 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 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 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 choosing 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, 25

30 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 Behavior, 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 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. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may 26

31 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 Reconsiderations 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 (Sunday excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law. Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill. Section 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common defense 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 27

32 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 Offenses against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining, the 28

33 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; To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Section 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. No Bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. No Tax or Duty shall be laid on Articles exported from any State. 29

34 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 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 its inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Control of the Congress. 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 30

35 Section 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows Each State shall appoint, In such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector. The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately choose by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner choose the President. But in choosing the President, the Votes shall be taken by States, the Representation from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall choose from them by Ballot the Vice President. 31

36 The Congress may determine the Time of choosing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States. No Person except a natural born Citizen, or a Citizen of the United States at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States. In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected. The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other emolument from the United States, or any of them. Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: -- I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States. Section 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant 32

37 Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session. Section 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreements 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 33