Archive for November, 2013

Original Documents

Federalist No. 3

The Same Subject Continued: Concerning Dangers From Foreign Force and Influence For the Independent Journal. Author: John Jay To the People of the State of New York: IT IS not a new observation that the people of any country (if, like the Americans, intelligent and wellinformed) seldom adopt and steadily persevere for many years in an […]

Federalist No. 4

The Same Subject Continued: Concerning Dangers from Foreign Force and Influence For the Independent Journal. Author: John Jay To the People of the State of New York: MY LAST paper assigned several reasons why the safety of the people would be best secured by union against the danger it may be exposed to by JUST causes […]

Federalist No. 5

The Same Subject Continued: Concerning Dangers from Foreign Force and Influence For the Independent Journal. Author: John Jay To the People of the State of New York: QUEEN ANNE, in her letter of the 1st July, 1706, to the Scotch Parliament, makes some observations on the importance of the UNION then forming between England and Scotland, […]

Federalist No. 6

Concerning Dangers from Dissensions Between the States For the Independent Journal. Author: Alexander Hamilton To the People of the State of New York: THE three last numbers of this paper have been dedicated to an enumeration of the dangers to which we should be exposed, in a state of disunion, from the arms and arts of […]

Federalist No. 7

The Same Subject Continued: Concerning Dangers from Dissensions Between the States For the Independent Journal. Author: Alexander Hamilton To the People of the State of New York: IT IS sometimes asked, with an air of seeming triumph, what inducements could the States have, if disunited, to make war upon each other? It would be a full […]

Federalist No. 8

The Consequences of Hostilities Between the States From the New York Packet. Tuesday, November 20, 1787. Author: Alexander Hamilton To the People of the State of New York: ASSUMING it therefore as an established truth that the several States, in case of disunion, or such combinations of them as might happen to be formed out of […]

Federalist No. 9

The Union as a Safeguard Against Domestic Faction and Insurrection For the Independent Journal. Author: Alexander Hamilton To the People of the State of New York: A FIRM Union will be of the utmost moment to the peace and liberty of the States, as a barrier against domestic faction and insurrection. It is impossible to read […]

Federalist No. 10

The Same Subject Continued: The Union as a Safeguard Against Domestic Faction and Insurrection From the New York Packet. Friday, November 23, 1787. Author: James Madison To the People of the State of New York: AMONG the numerous advantages promised by a well-constructed Union, none deserves to be more accurately developed than its tendency to break […]

Federalist No. 11

The Utility of the Union in Respect to Commercial Relations and a Navy For the Independent Journal. Author: Alexander Hamilton To the People of the State of New York: THE importance of the Union, in a commercial light, is one of those points about which there is least room to entertain a difference of opinion, and […]

Federalist No. 12

The Utility of the Union In Respect to Revenue From the New York Packet. Tuesday, November 27, 1787. Author: Alexander Hamilton To the People of the State of New York: THE effects of Union upon the commercial prosperity of the States have been sufficiently delineated. Its tendency to promote the interests of revenue will be the […]

Federalist No. 13

Advantage of the Union in Respect to Economy in Government For the Independent Journal. Author: Alexander Hamilton To the People of the State of New York: As CONNECTED with the subject of revenue, we may with propriety consider that of economy. The money saved from one object may be usefully applied to another, and there will […]

Federalist No. 14

Objections to the Proposed Constitution From Extent of Territory Answered From the New York Packet. Friday, November 30, 1787. Author: James Madison To the People of the State of New York: WE HAVE seen the necessity of the Union, as our bulwark against foreign danger, as the conservator of peace among ourselves, as the guardian of […]

Federalist No. 15

The Insufficiency of the Present Confederation to Preserve the Union For the Independent Journal. Author: Alexander Hamilton To the People of the State of New York: IN THE course of the preceding papers, I have endeavored, my fellow-citizens, to place before you, in a clear and convincing light, the importance of Union to your political safety […]

Federalist No. 16

The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union From the New York Packet. Tuesday, December 4, 1787. Author: Alexander Hamilton To the People of the State of New York: THE tendency of the principle of legislation for States, or communities, in their political capacities, as it has been exemplified by […]

Federalist No. 17

The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union For the Independent Journal. Tuesday, December 4, 1787. Author: Alexander Hamilton To the People of the State of New York: AN OBJECTION, of a nature different from that which has been stated and answered, in my last address, may perhaps be likewise […]

Federalist No. 18

The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union For the Independent Journal. Author: Alexander Hamilton and James Madison To the People of the State of New York: AMONG the confederacies of antiquity, the most considerable was that of the Grecian republics, associated under the Amphictyonic council. From the best accounts transmitted of […]

Federalist No. 19

The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union For the Independent Journal. Author: Alexander Hamilton and James Madison To the People of the State of New York: THE examples of ancient confederacies, cited in my last paper, have not exhausted the source of experimental instruction on this subject. There are existing institutions, […]

Federalist No. 20

The Same Subject Continued: The Insufficiency of the Present Confederation to Preserve the Union From the New York Packet. Tuesday, December 11, 1787. Author: Alexander Hamilton and James Madison To the People of the State of New York: THE United Netherlands are a confederacy of republics, or rather of aristocracies of a very remarkable texture, yet confirming all […]

Federalist No. 21

Other Defects of the Present Confederation For the Independent Journal. Author: Alexander Hamilton To the People of the State of New York: HAVING in the three last numbers taken a summary review of the principal circumstances and events which have depicted the genius and fate of other confederate governments, I shall now proceed in the enumeration […]

Federalist No. 22

The Same Subject Continued: Other Defects of the Present Confederation From the New York Packet. Friday, December 14, 1787. Author: Alexander Hamilton To the People of the State of New York: IN ADDITION to the defects already enumerated in the existing federal system, there are others of not less importance, which concur in rendering it altogether […]

Federalist No. 23

The Necessity of a Government as Energetic as the One Proposed to the Preservation of the Union From the New York Packet. Tuesday, December 18, 1787. Author: Alexander Hamilton To the People of the State of New York: THE necessity of a Constitution, at least equally energetic with the one proposed, to the preservation of the […]

Federalist No. 24

The Powers Necessary to the Common Defense Further Considered For the Independent Journal. Author: Alexander Hamilton To the People of the State of New York: To THE powers proposed to be conferred upon the federal government, in respect to the creation and direction of the national forces, I have met with but one specific objection, which, […]

Federalist No. 25

The Same Subject Continued: The Powers Necessary to the Common Defense Further Considered From the New York Packet. Friday, December 21, 1787. Author: Alexander Hamilton To the People of the State of New York: IT MAY perhaps be urged that the objects enumerated in the preceding number ought to be provided for by the State governments, […]

Federalist No. 26

The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered For the Independent Journal. Author: Alexander Hamilton To the People of the State of New York: IT WAS a thing hardly to be expected that in a popular revolution the minds of men should stop at that happy mean which marks the […]

Federalist No. 27

The Same Subject Continued: The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered From the New York Packet. Tuesday, December 25, 1787. Author: Alexander Hamilton To the People of the State of New York: IT HAS been urged, in different shapes, that a Constitution of the kind proposed by the convention […]

Federalist No. 28

The Same Subject Continued: The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered For the Independent Journal. Author: Alexander Hamilton To the People of the State of New York: THAT there may happen cases in which the national government may be necessitated to resort to force, cannot be denied. Our own […]

Federalist No. 29

Concerning the Militia From the Daily Advertiser. Thursday, January 10, 1788 Author: Alexander Hamilton To the People of the State of New York: THE power of regulating the militia, and of commanding its services in times of insurrection and invasion are natural incidents to the duties of superintending the common defense, and of watching over the […]

Federalist No. 30

Concerning the General Power of Taxation From the New York Packet. Friday, December 28, 1787. Author: Alexander Hamilton To the People of the State of New York: IT HAS been already observed that the federal government ought to possess the power of providing for the support of the national forces; in which proposition was intended to […]

Federalist No. 31

The Same Subject Continued: Concerning the General Power of Taxation From the New York Packet. Tuesday, January 1, 1788. Author: Alexander Hamilton To the People of the State of New York: IN DISQUISITIONS of every kind, there are certain primary truths, or first principles, upon which all subsequent reasonings must depend. These contain an internal evidence […]

Federalist No. 32

The Same Subject Continued: Concerning the General Power of Taxation From the Daily Advertiser. Thursday, January 3, 1788. Author: Alexander Hamilton To the People of the State of New York: ALTHOUGH I am of opinion that there would be no real danger of the consequences which seem to be apprehended to the State governments from a […]

Federalist No. 33

The Same Subject Continued: Concerning the General Power of Taxation From the Daily Advertiser. Thursday, January 3, 1788 Author: Alexander Hamilton To the People of the State of New York: THE residue of the argument against the provisions of the Constitution in respect to taxation is ingrafted upon the following clause. The last clause of the […]

Federalist No. 34

The Same Subject Continued: Concerning the General Power of Taxation From the New York Packet. Friday, January 4, 1788. Author: Alexander Hamilton To the People of the State of New York: I FLATTER myself it has been clearly shown in my last number that the particular States, under the proposed Constitution, would have COEQUAL authority with […]

Federalist No. 35

The Same Subject Continued: Concerning the General Power of Taxation For the Independent Journal. Author: Alexander Hamilton To the People of the State of New York: BEFORE we proceed to examine any other objections to an indefinite power of taxation in the Union, I shall make one general remark; which is, that if the jurisdiction of […]

Federalist No. 36

The Same Subject Continued: Concerning the General Power of Taxation From the New York Packet. Tuesday, January 8, 1788. Author: Alexander Hamilton To the People of the State of New York: WE HAVE seen that the result of the observations, to which the foregoing number has been principally devoted, is, that from the natural operation of […]

Federalist No. 37

Concerning the Difficulties of the Convention in Devising a Proper Form of Government From the Daily Advertiser. Friday, January 11, 1788. Author: James Madison To the People of the State of New York: IN REVIEWING the defects of the existing Confederation, and showing that they cannot be supplied by a government of less energy than that […]

Federalist No. 38

The Same Subject Continued, and the Incoherence of the Objections to the New Plan Exposed From the New York Packet. Tuesday, January 15, 1788. Author: James Madison To the People of the State of New York: IT IS not a little remarkable that in every case reported by ancient history, in which government has been established […]

Federalist No. 39

The Conformity of the Plan to Republican Principles For the Independent Journal. Author: James Madison To the People of the State of New York: THE last paper having concluded the observations which were meant to introduce a candid survey of the plan of government reported by the convention, we now proceed to the execution of that […]

Federalist No. 40

The Powers of the Convention to Form a Mixed Government Examined and Sustained From the New York Packet. Friday, January 18, 1788. Author: James Madison To the People of the State of New York: THE SECOND point to be examined is, whether the convention were authorized to frame and propose this mixed Constitution. The powers of […]

Federalist No. 41

General View of the Powers Conferred by the Constitution For the Independent Journal. Author: James Madison To the People of the State of New York: THE Constitution proposed by the convention may be considered under two general points of view. The FIRST relates to the sum or quantity of power which it vests in the government, […]

Federalist No. 42

The Powers Conferred by the Constitution Further Considered From the New York Packet. Tuesday, January 22, 1788. Author: James Madison To the People of the State of New York: THE SECOND class of powers, lodged in the general government, consists of those which regulate the intercourse with foreign nations, to wit: to make treaties; to send […]

Federalist No. 43

The Same Subject Continued: The Powers Conferred by the Constitution Further Considered For the Independent Journal. Author: James Madison To the People of the State of New York: THE FOURTH class comprises the following miscellaneous powers:1. A power “to promote the progress of science and useful arts, by securing, for a limited time, to authors and […]

Federalist No. 44

Restrictions on the Authority of the Several States From the New York Packet. Friday, January 25, 1788. Author: James Madison To the People of the State of New York: A FIFTH class of provisions in favor of the federal authority consists of the following restrictions on the authority of the several States:1. “No State shall enter […]

Federalist No. 45

The Alleged Danger From the Powers of the Union to the State Governments Considered For the Independent Journal. Author: James Madison To the People of the State of New York: HAVING shown that no one of the powers transferred to the federal government is unnecessary or improper, the next question to be considered is, whether the […]

Federalist No. 46

The Influence of the State and Federal Governments Compared From the New York Packet. Tuesday, January 29, 1788. Author: James Madison To the People of the State of New York: RESUMING the subject of the last paper, I proceed to inquire whether the federal government or the State governments will have the advantage with regard to […]

Federalist No. 47

The Particular Structure of the New Government and the Distribution of Power Among Its Different Parts From the New York Packet. Friday, February 1, 1788. Author: James Madison To the People of the State of New York: HAVING reviewed the general form of the proposed government and the general mass of power allotted to it, I […]

Federalist No. 48

These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other From the New York Packet. Friday, February 1, 1788. Author: James Madison To the People of the State of New York: IT WAS shown in the last paper that the political apothegm there examined does not require that the […]

Federalist No. 49

Method of Guarding Against the Encroachments of Any One Department of Government by Appealing to the People Through a Convention From the New York Packet. Tuesday, February 5, 1788. Author: Alexander Hamilton or James Madison To the People of the State of New York: THE author of the “Notes on the State of Virginia,” quoted in the last […]

Article I, Section 01

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.

Article I, Section 02, Clause 1-2

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 […]

Article I, Section 02, Clause 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 […]

Article I, Section 02, Clause 4

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

Article I, Section 02, Clause 5 and Section 03, Clause 1

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.

Article I, Section 03, Clause 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 […]

Article I, Section 03, Clause 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.

Article I, Section 03, Clause 4-5

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 […]

Article I, Section 03, Clause 6-7

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 […]

Article I, Section 4, Clause 1-2

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 […]

Article I, Section 05, Clause 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 […]

Article I, Section 05, Clause 2

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.

Article I, Section 05, Clause 3-4

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 […]

Article I, Section 06, Clause 1

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in […]

Article 1, Section 06, Clause 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 […]

Article I, Section 07, Clause 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.

Article I, Section 07, Clause 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 […]

Article I, Section 07, Clause 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 […]

Article I, Section 08, Clause 01

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;

Article I, Section 08, Clause 02

To borrow Money on the credit of the United States;

Article I, Section 08, Clause 03

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

Article I, Section 08, Clause 04

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

Article I, Section 08, Clause 05-06

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;

Article I, Section 08, Clause 07-08

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;

Article I, Section 08, Clause 09

To constitute Tribunals inferior to the supreme Court;

Article I, Section 08, Clause 10-13

To define and punish Piracies and Felonies committed on the high Seas, and Offences 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 […]

Article I, Section 08, Clause 14-16

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 […]

Article I, Section 08, Clause 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 […]

Article I, Section 08, Clause 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.

Article I, Section 09, Clause 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.

Article I, Section 09, Clause 2-3

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.

Article I, Section 09, Clause 4-6

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 […]

Article I, Section 09, Clause 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.

Article I, Section 09, Clause 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.

Article I, Section 10, Clause 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 […]

Article I, Section 10, Clause 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 […]

Article I, Section 10, Clause 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, Clause 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:

Article II, Section 1, Clause 2

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 […]

Article II, Section 1, Clause 3

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 […]

Article II, Section 1, Clause 4

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

Article II, Section 1, Clause 5

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 […]

Article II, Section 1, Clause 6

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 […]

Article II, Section 1, Clause 7

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.

Article II, Section 1, Clause 8

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.”

Article II, Section 2, Clause 1

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating […]

Article II, Section 2, Clause 2

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all […]

Article II, Section 2, Clause 3

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.

Article II, 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 […]

Article II, 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 […]

Article III, Section 2, Clause 1

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States […]

Article III, Section 2, Clause 2

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 […]

Article III, Section 2, Clause 3

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Article III, 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 […]

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.

Article IV, Section 2

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 […]

Article IV, 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 […]

Article IV, 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 for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this […]

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 […]

Article VII

The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. The Word, “the,” being interlined between the seventh and eighth Lines of the first Page, the Word “Thirty” being partly written on an Erazure in the fifteenth Line of the first […]

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.  

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject […]

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be […]

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Amendment XI

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. Passed by Congress March 4, 1794. Ratified February 7, 1795. Note: Article […]

Amendment XII

The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and […]

Amendment XIII

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. Passed by Congress January 31, 1865. Ratified December […]

Amendment XIV

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State […]

Amendment XV

Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude– Section 2. The Congress shall have the power to enforce this article by appropriate legislation. Passed by Congress February […]

Amendment XVI

The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. Passed by Congress July 2, 1909. Ratified February 3, 1913. Note: Article I, section 9, of the Constitution was modified by amendment 16.  

Amendment XVII

The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures. When vacancies happen in […]

Amendment XVIII

Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Section 2. The Congress and the several States shall […]

Amendment XIX

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have power to enforce this article by appropriate legislation. Passed by Congress June 4, 1919. Ratified August 18, 1920.

Amendment XX

Section 1. The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3rd day of January, of the years in which such terms would have ended if this article had not been ratified; and the […]

Amendment XXI

Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Section 2. The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. Section 3. This article shall […]

Amendment XXII

Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more […]

Amendment XXIII

Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct: A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but […]

Amendment XXIV

Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to […]

Amendment XXV

Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President. Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote […]

Amendment XXVI

Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age. Section 2. The Congress shall have power to enforce this article by appropriate legislation. Passed by Congress […]

Amendment XXVII

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened. Originally proposed Sept. 25, 1789. Ratified May 7, 1992.  

Federalist No. 50

Periodic Appeals to the People Considered From the New York Packet. Tuesday, February 5, 1788. Author: Alexander Hamilton or James Madison To the People of the State of New York: IT MAY be contended, perhaps, that instead of OCCASIONAL appeals to the people, which are liable to the objections urged against them, PERIODICAL appeals are the proper and […]

Federalist No. 51

The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments From the New York Packet. Friday, February 8, 1788. Author: Alexander Hamilton or James Madison To the People of the State of New York: TO WHAT expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among […]

Federalist No. 52

The House of Representatives From the New York Packet. Friday, February 8, 1788. Author: Alexander Hamilton or James Madison To the People of the State of New York: FROM the more general inquiries pursued in the four last papers, I pass on to a more particular examination of the several parts of the government. I shall begin with […]

Federalist No. 53

The Same Subject Continued: The House of Representatives From the New York Packet. Tuesday, February 12, 1788. Author: Alexander Hamilton or James Madison To the People of the State of New York: I SHALL here, perhaps, be reminded of a current observation, “that where annual elections end, tyranny begins. ” If it be true, as has often been […]

Federalist No. 54

The Apportionment of Members Among the States From the New York Packet. Tuesday, February 12, 1788. Author: Alexander Hamilton or James Madison To the People of the State of New York: THE next view which I shall take of the House of Representatives relates to the appointment of its members to the several States which is to be […]

Federalist No. 55

The Total Number of the House of Representatives From the New York Packet. Friday, February 15, 1788. Author: Alexander Hamilton or James Madison To the People of the State of New York: THE number of which the House of Representatives is to consist, forms another and a very interesting point of view, under which this branch of the […]

Federalist No. 56

The Same Subject Continued: The Total Number of the House of Representatives From the New York Packet. Tuesday, February 19, 1788. Author: Alexander Hamilton or James Madison To the People of the State of New York: THE SECOND charge against the House of Representatives is, that it will be too small to possess a due knowledge of the […]

Federalist No. 57

The Alleged Tendency of the New Plan to Elevate the Few at the Expense of the Many Considered in Connection with Representation From the New York Packet. Tuesday, February 19, 1788. Author: Alexander Hamilton or James Madison To the People of the State of New York: THE THIRD charge against the House of Representatives is, that it will […]

Federalist No. 58

Objection That The Number of Members Will Not Be Augmented as the Progress of Population Demands Considered Author: James Madison To the People of the State of New York: THE remaining charge against the House of Representatives, which I am to examine, is grounded on a supposition that the number of members will not be augmented […]

Federalist No. 59

Concerning the Power of Congress to Regulate the Election of Members From the New York Packet. Friday, February 22, 1788. Author: Alexander Hamilton To the People of the State of New York: THE natural order of the subject leads us to consider, in this place, that provision of the Constitution which authorizes the national legislature to […]

Federalist No. 60

The Same Subject Continued: Concerning the Power of Congress to Regulate the Election of Members From the New York Packet. Tuesday, February 26, 1788. Author: Alexander Hamilton To the People of the State of New York: WE HAVE seen, that an uncontrollable power over the elections to the federal government could not, without hazard, be committed […]

Federalist No. 61

The Same Subject Continued: Concerning the Power of Congress to Regulate the Election of Members From the New York Packet. Tuesday, February 26, 1788. Author: Alexander Hamilton To the People of the State of New York: THE more candid opposers of the provision respecting elections, contained in the plan of the convention, when pressed in argument, […]

Federalist No. 62

The Senate For the Independent Journal. Author: Alexander Hamilton or James Madison To the People of the State of New York: HAVING examined the constitution of the House of Representatives, and answered such of the objections against it as seemed to merit notice, I enter next on the examination of the Senate. The heads into which this member […]

Federalist No. 63

The Senate Continued For the Independent Journal. Author: Alexander Hamilton or James Madison To the People of the State of New York: A FIFTH desideratum, illustrating the utility of a senate, is the want of a due sense of national character. Without a select and stable member of the government, the esteem of foreign powers will not only […]

Federalist No. 64

The Powers of the Senate From the New York Packet. Friday, March 7, 1788. Author: John Jay To the People of the State of New York: IT IS a just and not a new observation, that enemies to particular persons, and opponents to particular measures, seldom confine their censures to such things only in either as […]

Federalist No. 65

The Powers of the Senate Continued From the New York Packet. Friday, March 7, 1788. Author: Alexander Hamilton To the People of the State of New York: THE remaining powers which the plan of the convention allots to the Senate, in a distinct capacity, are comprised in their participation with the executive in the appointment to […]

Federalist No. 66

Objections to the Power of the Senate To Set as a Court for Impeachments Further Considered From the New York Packet. Tuesday, March 11, 1788. Author: Alexander Hamilton To the People of the State of New York: A REVIEW of the principal objections that have appeared against the proposed court for the trial of impeachments, will […]

Federalist No. 67

The Executive Department From the New York Packet Tuesday, March 11, 1788. Author: Alexander Hamilton To the People of the State of New York: THE constitution of the executive department of the proposed government, claims next our attention. There is hardly any part of the system which could have been attended with greater difficulty in the […]

Federalist No. 68

The Mode of Electing the President From the New York Packet Friday, March 14, 1788. Author: Alexander Hamilton To the People of the State of New York: THE mode of appointment of the Chief Magistrate of the United States is almost the only part of the system, of any consequence, which has escaped without severe censure, […]

Federalist No. 69

The Real Character of the Executive From the New York Packet Friday, March 14, 1788. Author: Alexander Hamilton To the People of the State of New York: I PROCEED now to trace the real characters of the proposed Executive, as they are marked out in the plan of the convention. This will serve to place in […]

Federalist No. 70

The Executive Department Further Considered From the New York Packet Tuesday, March 18, 1788. Author: Alexander Hamilton To the People of the State of New York: THERE is an idea, which is not without its advocates, that a vigorous Executive is inconsistent with the genius of republican government. The enlightened well-wishers to this species of government […]

Federalist No. 71

The Duration in Office of the Executive From the New York Packet Tuesday, March 18, 1788. Author: Alexander Hamilton To the People of the State of New York: DURATION in office has been mentioned as the second requisite to the energy of the Executive authority. This has relation to two objects: to the personal firmness of […]

Federalist No. 72

The Same Subject Continued, and Re-Eligibility of the Executive Considered From the New York Packet Friday, March 21, 1788. Author: Alexander Hamilton To the People of the State of New York: THE administration of government, in its largest sense, comprehends all the operations of the body politic, whether legislative, executive, or judiciary; but in its most […]

Federalist No. 73

The Provision For The Support of the Executive, and the Veto Power  From the New York Packet Friday, March 21, 1788. Author: Alexander Hamilton To the People of the State of New York: THE third ingredient towards constituting the vigor of the executive authority, is an adequate provision for its support. It is evident that, without […]

Federalist No. 74

The Command of the Military and Naval Forces, and the Pardoning Power of the Executive From the New York Packet Tuesday, March 25, 1788. Author: Alexander Hamilton To the People of the State of New York: THE President of the United States is to be “commander-in-chief of the army and navy of the United States, and […]

Federalist No. 75

The Treaty Making Power of the Executive For the Independent Journal Author: Alexander Hamilton To the People of the State of New York: THE President is to have power, “by and with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur.” Though this provision has been assailed, […]

Federalist No. 76

The Appointing Power of the Executive From the New York Packet. Tuesday, April 1, 1788. Author: Alexander Hamilton To the People of the State of New York: THE President is “to NOMINATE, and, by and with the advice and consent of the Senate, to appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, […]

Federalist No. 77

The Appointing Power Continued and Other Powers of the Executive Considered From the New York Packet. Friday, April 4, 1788. Author: Alexander Hamilton To the People of the State of New York: IT HAS been mentioned as one of the advantages to be expected from the co-operation of the Senate, in the business of appointments, that […]

Federalist No. 78

The Judiciary Department From McLEAN’S Edition, New York. Author: Alexander Hamilton To the People of the State of New York: WE PROCEED now to an examination of the judiciary department of the proposed government. In unfolding the defects of the existing Confederation, the utility and necessity of a federal judicature have been clearly pointed out. It […]

Federalist No. 79

The Judiciary Department Continued From McLEAN’S Edition, New York. Author: Alexander Hamilton To the People of the State of New York: NEXT to permanency in office, nothing can contribute more to the independence of the judges than a fixed provision for their support. The remark made in relation to the President is equally applicable here. […]

Federalist No. 80

The Powers of the Judiciary From McLEAN’S Edition, New York. Author: Alexander Hamilton To the People of the State of New York: To JUDGE with accuracy of the proper extent of the federal judicature, it will be necessary to consider, in the first place, what are its proper objects. It seems scarcely to admit of controversy, […]

Federalist No. 81

The Judiciary Continued, and the Distribution of the Judicial Authority From McLEAN’S Edition, New York. Author: Alexander Hamilton To the People of the State of New York: LET US now return to the partition of the judiciary authority between different courts, and their relations to each other, “The judicial power of the United States is” (by […]

Federalist No. 82

The Judiciary Continued From McLEAN’S Edition, New York. Author: Alexander Hamilton To the People of the State of New York: THE erection of a new government, whatever care or wisdom may distinguish the work, cannot fail to originate questions of intricacy and nicety; and these may, in a particular manner, be expected to flow from the […]

Federalist No. 83

The Judiciary Continued in Relation to Trial by Jury From McLEAN’S Edition, New York. Author: Alexander Hamilton To the People of the State of New York: THE objection to the plan of the convention, which has met with most success in this State, and perhaps in several of the other States, is THAT RELATIVE TO THE […]

Federalist No. 84

Certain General and Miscellaneous Objections to the Constitution Considered and Answered From McLEAN’S Edition, New York. Author: Alexander Hamilton To the People of the State of New York: IN THE course of the foregoing review of the Constitution, I have taken notice of, and endeavored to answer most of the objections which have appeared against it. […]

Federalist No. 85

Concluding Remarks From McLEAN’S Edition, New York. Author: Alexander Hamilton To the People of the State of New York: ACCORDING to the formal division of the subject of these papers, announced in my first number, there would appear still to remain for discussion two points: “the analogy of the proposed government to your own State constitution,” […]

Essays on Founding Documents/Readings