America is a Constitutional Republic . . . NOT a
Democracy
By Daneen G. Peterson, Ph.D.
Speech Given September 9, 2006 in Salt Lake City, Utah
How often have you heard
people refer to America as a Democracy? When was the last time that you heard America referred
to as a Republic? There is a very good reason that our Pledge of Allegiance refers to our
country as a Republic and there is a very good reason that our Declaration of Independence and our
constitution do
not even mentioned the word "democracy".
Many people are under the false impression our form of government
is a democracy, or representative democracy. This is of course completely untrue. The Founders were
extremely knowledgeable about the issue of democracy andfeared a democracy as much as a
monarchy. They understood
thatthe only entity that can take away the people's
freedomis their own government, either by beingtoo weak to protect them from
external threats or by becoming too powerful and taking over every aspect of life.
They knew very well the meaning of the word "democracy", and
the history of democracies; and they were deliberately doing everything in their power
to preventhaving a democracy.
In a Republic, thesovereignty resides with the people
themselves. In a Republic, one may act on his own or
through his representatives when he chooses to solve a problem.The people have no obligation to the
government; instead, the government is a servant of the people, and obliged to its owner, We the
People. Many
politicians have lost sight of that fact.
A Constitutional Republic has some similarities to democracy in
that it usesdemocratic processes to elect representatives and pass
new laws, etc. The critical difference lies in the fact that a Constitutional
Republic has a Constitution thatlimits the powers of the
government. It also spells out how the government is
structured, creating checks on its power and balancing power between the different
branches.
The goal of a Constitutional Republic was to avoid the dangerous
extreme of eithertyranny or
mobocracybut what exists in
America today is a far cry from the Constitutional Republic our forefathers brought forth.
THE CONSTITUTION FOR DUMMIES
Judge Andrew Napolitano on the history of the federal government's neglect, disdain, and
continual erosion of the Constitution from John Adams to George W. Bush. Learn about the "Alien and Sedition Act",
FISA, and the Patriot Act and what we must do to get back to Constitutional fidelity at the federal
level.
Dr. Benjamin
Rush
"Education is favorable to Liberty. Freedom can only exist in a
society of knowledge.Without learning, men are incapable of knowing their rights, and where learning is confined
to a few people, Liberty can neither be equal nor universal."
THE
CONSTITUTION IS THE SOLUTION
1) The Dangers of Democracy
2) Enumerated vs. Unlimited Power
3) Constitutional Economics,
Constitutional Money
4) Constitutional War Powers
and the Enemy Within
5) Exposing the Enemies of Freedom
6) Restoring the Constitution
Constitutional
Principles:
The Rule of
Law
Do you understand why the rule
of law is important for maintaining free society? The Bill of Rights Institute has created a short, engaging video
for Bill of Rights Day on the constitutional principle of the rule of law. Exciting visuals from current events, an
engaging historical narrative, brief scholar interviews, and memorable quotes will make this 8-minute video perfect
for use on Bill of Rights Day, and every day! A short viewing guide is also available to guide you through the
content.
Constitutional
Principles:
Representive Government
Do you understand the key
differences between a Republic and a Democracy? The Bill of Rights Institute has created a short, engaging video
for Constitution Day on the constitutional principle of representative government. Exciting visuals from current
events, an engaging historical narrative, brief scholar interviews, familiar music, and memorable quotes will make
this 5-minute video perfect for use on Constitution Day, and every day! A short viewing guide is also available to
guide you through the content.
(THE CONSTITUTION EXPLAINED FOR
KIDS)
Constitutional
Principles: Seperation of Powers
Do you understand why separation of powers is important for protecting our freedom? This short,
engaging video focuses on the constitutional principle of separation of powers. Clear definitions and graphics, an
engaging historical narrative, brief scholar interviews, and memorable quotes will make this 6-minute video perfect
for use any time of the year! A short viewing guide is also available at www.BillofRightsInstitute.org.
Constitutional
Principles: Consent
of the Governed
Do you understand the principle of consent of the governed? This short, engaging video focuses on
the constitutional principle of consent of the governed through American history. Clear definitions and graphics,
an engaging historical narrative, brief scholar interviews, and memorable quotes will make this 6-minute video
perfect for use any time of the year! A short viewing guide is also available at www.BillofRightsInstitute.org.
Presidents and the Constitution
Federal Power: Presidents and the Constitution
Election: Presidents and the Constitution
Chief
Diplomat: Presidents and the
Constitution
War: Presidents and the
Constitution
[A MUST-SEE]
Russell Means: Americans Are The New
Indian
American Indian Russell Means gives an eye-opening 90 minute interview in which he
explains how Native Americans and Americans in general are all imprisoned within one huge reservation. "The history
of the American and the history of the Indian have now come full circle and are intertwined in the dictatorial
policies of those that control the monetary system of America," remarks Means. This is a special re-broadcast of an
earlier interview
in remembrance of Russell Means, who passed away Monday Morning at his home in
Porcupine, South Dakota.
Independence Now And Independence
Forever - Message by Dr. Chuck Baldwin -
LibertyFellowshipMT
Published on Jul 1, 2019
This message was preached by Pastor Chuck Baldwin on Sunday, June 30, 2019, during the service at
Liberty Fellowship. To purchase a copy of this message or to support the fellowship, please visit
LibertyFellowshipMT.com.
This message was preached by Pastor Chuck Baldwin on
Sunday, July 12, 2020, during the service at Liberty Fellowship.
Scripture Text: I Corinthians 7:20 - 24
First, Pastor Baldwin gives a historical summary of
global slavery. He then shows how our Christian forebears in Colonial America gave their blood and
toil to form a system of government that not only ended slavery in America but throughout the
Western World. He shows how TRUE Christianity is the most powerful force for Liberty in human
history.
Next, Pastor Baldwin shows how too many evangelical
pastors are sedating their congregations to the Liberty fight by teaching the erroneous doctrine of
a pre-Second Coming "Rapture" and other false interpretations of Scripture.
He then shows how we are "called unto liberty" and
drives home the point that those of us who have been blessed to live in Liberty have a duty to God
and our posterity to STAY FREE, per Paul's injunction in I Corinthians 7.
This is a POWERFUL message.
To purchase a copy of this message or to support the
fellowship, please visit LibertyFellowshipMT.com.
Independence Now And Independence
Forever
LibertyFellowshipMT - Jul 6, 2020
This message was preached by Pastor Chuck Baldwin on
Sunday, July 5, 2020, during the service at Liberty Fellowship.
Scripture Text: Jeremiah 34:12 - 17
After being delivered from Egyptian bondage, the
Hebrew people made a covenant with God to proclaim and provide Liberty throughout the land. But
after being freed from servitude themselves, they broke their covenant with God and enslaved their
own countrymen. They traded the role of slave for the role of slave-master.
Accordingly, God sent Jeremiah to prophecy to the
Hebrews that for their sin of rejecting Liberty, He would send them into captivity again, this time
by the Babylonians.
Pastor Baldwin rehearses this Bible principle and
quotes much from our Declaration of Independence and from America's Founding Fathers regarding the
Declaration. He also rehearses with us the heavy price of toil and blood that the founders paid for
signing the Declaration.
Pastor Baldwin then lists 15 Liberty principles upon
which America was founded and shows how our nation's spiritual and political leaders are following
the same path as the Old Testament Hebrews by rejecting America's commitment to Liberty. He further
reminds us that if God spared not the apple of His eye (Old Testament Israel) for its betrayal of
God's principles, He will not spare the United States when we do the same thing.
This is an unforgettable Independence Day
address.
Today, July 4, America celebrates
the 243rd anniversary of the adoption of our Declaration of Independence.
On July 4, 1837, John Quincy Adams
said these words about Independence Day:
Why is it that, next to the
birthday of the Savior of the world, your most joyous and most venerated festival returns on this day
[Independence Day]? . . . Is it not that, in the chain of human events, the birthday of the nation is
indissolubly linked with the birthday of the Savior? That it forms a leading event in the progress of the Gospel
dispensation? Is it not that the Declaration of Independence first organized the social compact on the
foundation of the Redeemer’s mission upon earth? That it laid the cornerstone of human government upon the first
precepts of Christianity, and gave to the world the first irrevocable pledge of the fulfillment of the
prophecies, announced directly from Heaven at the birth of the Savior and predicted by the greatest of the
Hebrew prophets six hundred years before?
Notice that Adams said that our
Declaration of Independence exhibits four major accomplishments:
1. It formed a leading event in the
progress of the Gospel dispensation.
2. It first organized the social
compact on the foundation of the Redeemer’s mission upon earth.
3. It laid the cornerstone of human
government upon the first precepts of Christianity.
4. It was the first irrevocable
pledge of the fulfillment of the prophecies, announced directly from Heaven at the birth of the Savior.
Adams was exactly right. The United
States of America is the only nation in human history established by (mostly) Christian people upon 2,000 years of
Christian thought—including being formed as a direct result of the Protestant Reformation—and God’s Natural Law
principles and dedicated to the purpose of religious and personal liberty and equal justice under the
law.
Not long ago, I was interviewed for
another documentary movie (I’m featured in 12 full-length documentary films and am currently interviewing for two
others). The producer asked me to iterate the basic principles upon which America was founded. Based on my study
of the Declaration, Constitution, Bill of Rights and the copious supplemental writings of the Founding Fathers,
here, I believe, are the principles upon which America was founded:
1. That man is created equal under
God, and as such, human life is a sacred gift of God.
2. That the Natural rights of the
individual are inalienable and superior to the will of the state.
3. That government exists to
protect the Natural rights and liberties of man, not to provide man with public benefits and favors.
4. That a man is innocent until
proven guilty, that he has the Natural right to a trial by jury and the right to a defense attorney.
5. That people have a Natural right
to choose their own form of government.
6. That individuals have a Natural
right and duty to bear arms for their own protection.
7. That the power and reach of the
central government needs to be limited, being held in check by independent sovereign states and a well-regulated
and fully equipped militia.
8. That religious liberty is the
core of America’s freedoms.
9. That the people have a Natural
right and duty to alter or abolish any government that has become tyrannical.
10. That America would always be a
constitutional republic.
11. That only sound money would be
used as legal tender so as to keep the federal government from amassing excessive debt.
12. That America would always
promote and protect a free market economy with limited governmental interference.
13. That a man’s home is his castle
and his personal property can never be seized except by arduous due process.
14. That a free society depends
upon the acceptance and application of God’s Natural Laws relating to the pursuit of happiness and peace, upon
governmental adherence to the Law of Nations and upon upholding our Creator’s foundational moral code relating to
human behavior.
15. That liberty depends upon the
unfettered exercise of the Christian (Protestant) religion, including strong, uninhibited preaching from America’s
pulpits.
The Declaration begins:
When in the Course of human events,
it becomes necessary for one people to dissolve the political bands which have connected them with another, and
to assume among 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 shewn, 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.
The Declaration ends:
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.
Here are a few statements from
America’s founders after the Declaration was approved by Congress:
John Hancock said, “There! His
Majesty can now read my name without spectacles. And he can double the reward on my head.” (The Crown had put a
reward of 500 pounds sterling on Hancock’s head. That amounts to over $100,000 in today’s money.)
George Washington said, “The
preservation of the sacred fire of liberty, and the destiny of the Republican model of Government, are justly
considered as deeply, perhaps as finally staked, on the experiment entrusted to the hands of the American
people.”
Thomas Paine said, “Those who
expect to reap the blessings of freedom, must, like men, undergo the fatigue of supporting it.”
Stephen Hopkins, a signer of the
Declaration from Rhode Island, said as he signed the document, “My hand trembles, but my heart does
not.”
Indeed, Hopkins (and the rest of
the signers) had reason to tremble. Of the 56 who signed the Declaration of Independence, nine died of wounds or
hardships during the war. Five were captured, imprisoned and tortured. Several lost wives, children or entire
families. Two wives were brutalized and tortured. All were at one time or another the victims of manhunts and
driven from their homes by British soldiers. Twelve signers had their homes completely burned. Seventeen lost
everything they owned.
Carter Braxton, a wealthy planter
and merchant, saw his ships swept from the seas by the British Navy. He sold his home and properties to pay his
debts and died in rags.
Thomas McKean was so hounded by the
British that he was forced to move his family constantly. He served in Congress without pay, and his family was
kept in hiding. His possessions were seized by the British, and he died in poverty.
At the Battle of Yorktown, Thomas
Nelson Jr. noted that the British General Cornwallis was using his home for his headquarters. He quietly urged
General George Washington to open fire on his home, saying it was no longer his home but was now the headquarters
of the enemy. The home was subsequently destroyed. Nelson died bankrupt.
Frances Lewis had his home and
properties destroyed by the British. They jailed his wife, and she died within a few months.
John Hart was driven from his
wife’s bedside as she was dying. Their 13 children fled for their lives. His fields and his gristmill were laid to
waste. For more than a year, he lived in forests and caves, returning home to find his wife dead and all of his 13
children vanished. He never saw them again.
The two patriots most responsible
for the Declaration of Independence, John Adams and Thomas Jefferson, both died on the same day: July 4, 1826—the
50th anniversary of the adoption of the Declaration. Daniel Webster gave the eulogy for both men on August 2
of that year. He concluded his remarks with these words:
“It [the Declaration of
Independence] is my living sentiment, and by the blessing of God, it shall be my dying sentiment. Independence now
and independence forever.”
Amen! This should be the living and
dying sentiment of every American:
Independence now and independence
forever.
P.S. This is the FINAL NOTICE that
we are currently printing and distributing the most important liberty documents in U.S. history. It’s
calledTHE FREEDOM DOCUMENTS.
Want to honor Independence Day? Buy
your family and friends a copy of THE FREEDOM DOCUMENTS. Help teach them what Independence Day is truly all
about—from the words of the men and women who were there. It is no hyperbole to say that without a familiarity with
these great documents of American liberty and independence, one cannot truly understand and appreciate what
Independence Day really means to us Americans.
This giant book is an excellent
resource for high school and college students—as well as homeschoolers. Teachers, professors, physicians,
engineers, business owners, attorneys, judges—and even a few pastors—have purchased THE FREEDOM DOCUMENTS with
extreme satisfaction.
The Tennessee State Supreme Court
ordered several copies ofTHE FREEDOM DOCUMENTS not long ago. Plus, a county sheriff recently ordered copies for
each of his deputies. I believe you will be just as pleased as they are with this wonderful compilation of
American documents.
You can have these great documents
at your fingertips in one beautifully bound, easy-to-read format. These are the documents that gave birth to the
greatest free nation on earth. To teach your children and grandchildren the truth about Independence Day, give them
a copy of THE FREEDOM DOCUMENTS.
Again, nowhere else can you find
these documents complete in one volume under one title. And this is the FINAL NOTICE for this printing. Our supply
will be gone in a few days.
*If you appreciate this column and want to help me distribute these editorial opinions to an ever-growing
audience, donations may be made by credit card, check, or Money Order. Use this link:
This message was preached by Pastor Chuck Baldwin on Sunday, August 16, 2020, during the service
at Liberty Fellowship. To purchase a copy of this message or to support the fellowship, please visit
LibertyFellowshipMT.com.
By Andrew P. Napolitano -
Wednesday, March 25, 2020
ANALYSIS/OPINION:
“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither
Liberty nor Safety.”
— Benjamin Franklin (1706-1790)
One of my Fox colleagues recently sent me an email attachment of a painting of the framers signing
the Constitution of the United States. Except in this version, George Washington — who presided at the
Constitutional Convention — looks at James Madison — who was the scrivener at the Convention — and says, “None of
this counts if people get sick, right?”
In these days of state governors issuing daily decrees purporting to criminalize the exercise of
our personal freedoms, the words put into Washington’s mouth are only mildly amusing. Had Washington actually asked
such a question, Madison, of all people, would likely have responded: “No. This document protects our natural
rights at all times and under all circumstances.”
It is easy, 233 years later, to offer that hypothetical response, particularly since the Supreme
Court has done so already when, as readers of this column will recall, Abraham Lincoln suspended the
constitutionally guaranteed writ of habeas corpus — the right to be brought before a judge upon arrest — only to be
rebuked by the Supreme Court.
The famous line above by Benjamin Franklin, though uttered in a 1755 dispute between the
Pennsylvania legislature and the state’s governor over taxes, nevertheless provokes a truism.
Namely, that since our rights come from our humanity, not from the government, foolish people can
only sacrifice their own freedoms, not the freedoms of others.
Thus, freedom can only be taken away when the government proves fault at a jury trial. This
protection is called procedural due process, and it, too, is guaranteed in the Constitution.
Of what value is a constitutional guarantee if it can be violated when people get sick? If it can,
it is not a guarantee; it is a fraud. Stated differently, a constitutional guarantee is only as valuable and
reliable as is the fidelity to the Constitution of those in whose hands we have reposed it for safekeeping.
Because the folks in government, with very few exceptions, suffer from what St. Augustine called
libido dominandi — the lust to dominate — when they are confronted with the age-old clash of personal liberty
versus government force, they will nearly always come down on the side of force.
How do they get away with this? By scaring the daylights out of us. I never thought I’d see this in
my lifetime, though our ancestors saw this in every generation. In America today, we have a government of fear.
Machiavelli offered that men obey better when they fear you than when they love you. Sadly, he was right, and the
government in America knows this.
But Madison knew this as well when he wrote the Constitution. And he knew it four years later when
he wrote the Bill of Rights. He intentionally employed language to warn those who lust to dominate that, however
they employ governmental powers, the Constitution is “the Supreme Law of the Land” and all government behavior in
America is subject to it.
Even if the legislature of the State of New York ordered, as my friend Gov. Andrew Cuomo — who as
the governor, cannot write laws that incur criminal punishment — has ordered, it would be invalid as prohibited by
the Constitution.
This is not a novel or an arcane argument. This is fundamental American law. Yet, it is being
violated right before our eyes by the very human beings we have elected to uphold it. And each of them — every
governor interfering with the freedom to make one’s own choices — has taken an express oath to comply with the
Constitution.
You want to bring the family to visit grandma? You want to engage in a mutually beneficial, totally
voluntary commercial transaction? You want to go to work? You want to celebrate Mass? These are all now prohibited
in one-third of the United States.
I tried and failed to find Mass last Sunday. When did the Catholic Church become an agent of the
state? How about an outdoor Mass?
What is the nature of freedom? It is an unassailable natural claim against all others, including
the government. Stated differently, it is your unconditional right to think as you wish, to say what you think, to
publish what you say, to associate with whomever wishes to be with you no matter their number, to worship or not,
to defend yourself, to own and use property as you see fit, to travel where you wish, to purchase from a willing
seller, to be left alone. And to do all this without a government permission slip.
What is the nature of government? It is the negation of freedom. It is a monopoly of force in a
designated geographic area. When elected officials fear that their base is slipping, they will feel the need to do
something — anything — that will let them claim to be enhancing safety. Trampling liberty works for that odious
purpose. Hence a decree commanding obedience, promising safety and threatening punishment.
These decrees — issued by those who have no legal authority to issue them, enforced by cops who
hate what they are being made to do, destructive of the freedoms that our forbearers shed oceans of blood to
preserve and crushing economic prosperity by violating the laws of supply and demand — should all be rejected by an
outraged populace, and challenged in court.
These challenges are best filed in federal courts, where those who have trampled our liberties will
get no special quarter. I can tell you from my prior life as a judge that most state governors fear nothing more
than an intellectually honest, personally courageous, constitutionally faithful federal judge.
Fight fear with fear.
Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is a regular contributor
to The Washington Times. He is the author of nine books on the U.S. Constitution.
Look Into It | Apr 18, 2020
What good are constitutional rights if they are violated when Americans get sick?
By Andrew P. Napolitano - Wednesday, March 25, 2020
ANALYSIS/OPINION:
“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither
Liberty nor Safety.” — Benjamin Franklin (1706-1790)
One of my Fox colleagues recently sent me an email attachment of a painting of the framers signing
the Constitution of the United States. Except in this version, George Washington — who presided at the
Constitutional Convention — looks at James Madison — who was the scrivener at the Convention — and says, “None of
this counts if people get sick, right?”
In these days of state governors issuing daily decrees purporting to criminalize the exercise of
our personal freedoms, the words put into Washington’s mouth are only mildly amusing. Had Washington actually asked
such a question, Madison, of all people, would likely have responded: “No. This document protects our natural
rights at all times and under all circumstances.”
----------------------
Excerpts Read by Chuck Baldwin: Sermon Titled: "The Plague Of His Own Heart"
A national emergency declaration, and many others on the state and local level
too. Looking at the leading constitutionalist views of what can and can't be done.
"I believe there are
more instances of the abridgement of the freedom of the people by gradual and silent encroachments
of those in power than by violent and sudden usurpation." - James Madison
-
"The essence of
government is power; and power, lodged as it must be in human hands,
will ever be liable to abuse." - James Madison -
"The people didn't
fight the British to be brought under despotic rule under the notion of
'strong government,' or in form of elective despotism." - Richard Henry
Lee -
Natural Rights: Liberty Doesn't Need a Government Permission
Slip
Even though many people credit Thomas Jefferson for the natural rights principles in the
Declaration of Independence, Jefferson himself pointed out that he didn’t invent those ideas. Instead, he wrote, he
had adopted the "harmonizing sentiments of the day," views which were widely accepted and understood. From 1764 to
1776, Americans produced a rich series of pamphlets, resolutions and speeches which he based those principles
on.
Nonstop propaganda
from national media continues to frighten people into mental paralysis and submission to health
authorities. This Technocrat-led tsunami can only be resisted by individuals who refuse to play their assigned role in the Great Panic of
2020.
The CONSTITUTION OF THE UNITED
STATES
Preamble
WE THE PEOPLE* of the United States, in order to form a
more perfect union, ESTABLISH
JUSTICE, insure domestic tranquility, provide for the
common 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.
•Originally, the Constitution had no title but simply began “We the
People...”
ARTICLE I
SECTION 1. ALL LEGISLATIVE POWERS HEREIN GRANTED SHALL BE VESTED IN A
CONGRESS of the UnitedStates, which shall consist of a Senate and
a 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 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 chuse three, Rhode
Island and Providence Plantations one, Connecticut five, New-York
six, New Jersey four,
Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North
Carolina five, South
Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the
Executive Authority thereof
shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other
Officers; and shall have the
sole Power of Impeachment.
SECTION 3. The Senate of the United States shall be composed of two
Senators from each
State, [chosen by the legislature thereof] 3 for six years; and each
Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first
Election, they shall be
divided as equally as may be into three Classes. The seats of the
Senators of the first Class shall
be vacated at the Expiration of the second Year, of the second class
at the Expiration of the
fourth Year, and of the third Class at the Expiration of the sixth
Year, so that one-third may be
chosen every second Year; [and if Vacancies happen by Resignation, or
otherwise, during the
Recess of the Legislature of any State, the Executive thereof may
make temporary
Appointments until the next Meeting of the Legislature, which shall
then fill such Vacancies.
No Person shall be a Senator who shall not have attained to the Age
of thirty Years, and been
nine Years a Citizen of the United States, and who shall not, when
elected, be an Inhabitant of
that State for which he shall be chosen.
The Vice President of the United States shall be President of the
Senate, but shall have no vote,
unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro
tempore, in the absence of
the Vice President, or when he shall exercise the Office of President
of the United States.
The Senate shall have the sole power to try all impeachments. When
sitting for that purpose,
they shall be on oath or affirmation. When the President of the
United States is tried, the Chief
Justice shall preside: And no person shall be convicted without the
concurrence of two-thirds of
the members present.
Judgement in case of impeachment shall not extend further than to
removal from office, and
disqualification to hold and enjoy any office of honor, trust or
profit under the United States;
but the party convicted shall nevertheless be liable and subject to
indictment, trial, judgement
and punishment, according to law.
Sect. 4. The times, places and manner of holding elections for
senators and representatives,
shall be prescribed in each state by the legislature thereof; but the
Congress may at any time by
law make or alter such regulations, except as to the places of
chusing Senators.
The Congress shall assemble at least once in every year, and such
meeting shall be on the first
Monday in December, unless they shall by law appoint a different
day.
Sect. 5. Each house shall be the judge of the elections, returns and
qualifications of its own
members, and a majority of each shall constitute a quorum to do
business, but a smaller number
may adjourn from day to day, and may be authorized to compel the
attendance of absent
members, in such manner, and under such penalties as each house shall
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 judgement require secrecy; and
the yeas and nays of the
members of either house on any question shall, at the desire of
one-fifth of those present, be
entered on the journal.
Neither house, during the sessions 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.
Sect. 6. The senators and representatives shall receive a
compensation for their services, to be
ascertained by law, and paid out of the treasury of the United
States. They shall in all cases,
except treason, felony and breach of the peace, be privileged from
arrest during their attendance
at the session of their respective houses, and in going to and
returning from the same; and for
any speech or debate in either house, they shall not be questioned in
any other place.
No senator or representative shall, during the time for which he was
elected, be appointed to
any civil office under the authority of the United States, which
shall have been created, or the
emoluments whereof shall have been encreased during such time; and no
person holding any
office under the United States, shall be a member of either house
during his continuance in
office.
Sect. 7. All bills for raising revenue shall originate in the house
of representatives; but the
senate may propose or concur with amendments as on other
bills.
Every bill which shall have passed the house of representatives and
the senate, shall before it
become 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 it
which it shall have originated,
who shall enter the objections at large on their journal, and proceed
to reconsider it. If after
such reconsideration two-thirds of that house shall agree to pass the
bill, it shall be sent,
together with the objections, to the other house, by which it shall
likewise be reconsidered, and
if approved by two-thirds of that house, it shall become a law. But
in all such cases the votes of
both houses shall be determined by yeas and nays, and the names of
the persons voting for and
against the bill shall be entered on the journal of each house
respectively. If any bill shall not be
returned by the President within ten days (Sundays excepted) after it
shall have been presented
to him, the same shall be a law, in like manner as if he had signed
it, unless the Congress by
their adjournment prevent its return, in which case it shall not be a
law.
Every order, resolution, or vote to which the concurrence of the
Senate and House of
Representatives may be necessary (except on a question of
adjournment) shall be presented to
the President of the United States; and before the same shall take
effect, shall be approved by
him, or, being disapproved by him, shall be repassed by two-thirds of
the Senate and House of
Representatives, according to the rules and limitations prescribed in
the case of a bill.
Sect. 8.. The Congress shall have power:
To lay and collect taxes, duties, imposts and excises, to pay the
debts and provide for the
common defence and general welfare of the United States; but all
duties, imposts and excises
shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several
states, and with the Indian
tribes;
To establish an uniform rule of naturalization, and uniform laws on
the subject of bankruptcies
throughout the United States;
To coin money, regulate the value thereof, and of foreign coin, and
fix the standard of weights
and measures;
To provide for the punishment of counterfeiting the securities and
current coin of the United
States;
To establish post offices and post roads;
To promote the progress of science and useful arts, by securing for
limited times to authors and
inventors the exclusive right to their respective writings and
discoveries;
To constitute tribunals inferior to the supreme court;
To define and punish piracies and felonies committed on the high
seas, and offences against the
law of nations;
To declare war, grant letters of marque and reprisal, and make rules
concerning captures on
land and water;
To raise and support armies, but no appropriation of money to that
use shall be for a longer
term than two years;
To provide and maintain a navy;
To make rules for the government and regulation of the land and naval
forces;
To provide for calling forth the militia to execute the laws of the
union, suppress insurrections
and repel invasions;
To provide for organizing, arming, and disciplining, the militia, and
for governing such part of
them as may be employed in the service of the United States,
reserving to the States
respectively, the appointment of the officers, and the authority of
training the militia according
to the discipline prescribed by Congress;
To exercise exclusive legislation in all cases whatsoever, over
such
district (not exceeding ten square miles) as may, by cession of
particular
States, and the acceptance of Congress, become the seat of government
of
the United States, and to exercise like authority over all places
purchased
by the consent of the legislature of the state in which the same
shall be,
for the erection of forts, magazines, arsenals, dock yards, and
other
needful buildings; - And
To make all laws which shall be necessary and proper 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.
Sect. 9. The migration or importation of such persons as any of the
states now existing shall
think proper to admit, shall not be prohibited by the Congress prior
to the year one thousand
eight hundred and eight, but a tax or duty may be imposed on such
importation, not exceeding
ten dollars for each person.
The privilege of the writ of habeas corpus shall not be suspended,
unless when in cases of
rebellion or invasion the public safety may require it.
No bill of attainder or ex post facto law shall be passed.
No capitation, or other direct, tax shall be laid, unless in
proportion to the census or
enumeration herein before directed to be taken.
No tax or duty shall be laid on articles exported from any state. No
preference shall be given for
any regulation of commerce or revenue to the ports of one state over
those of another: nor shall
vessels bound to, or from, one state, be obliged to enter, clear, or
pay duties in another.
No money shall be drawn from the treasury, but in consequence of
appropriations made by law;
and a regular statement and account of the receipts and expenditures
of all public money shall
be published from time to time.
No title of nobility shall be granted by the United States: And no
person holding any office of
profit or trust under them, shall, without the consent of the
Congress, accept of any present,
emolument, office, or title, of any kind whatever, from any king,
prince, or foreign state.
Sect. 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 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
Sect. 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, the house of
representatives shall immediately
chose 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 chose the
president. But in choosing the
president, the vote 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 vicepresident.
But if there should remain two or more who have equal votes, the
senator shall chose
from them by ballot the vice-president.
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.”
Sect. 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 reprieves and pardons for offences against the United
States, except in cases of
impeachment.
He shall have power, by and with the advice and consent of the
senate, to make treaties,
provided two-thirds of the senators present concur; and he shall
nominate, and by and with the
advice and consent of the senate, shall appoint ambassadors, other
public ministers and consuls,
judges of the supreme court, and all other officers of the United
States, whose appointments are
not herein otherwise provided for, and which shall be established by
law. But the Congress
may by law vest the appointment of such inferior officers, 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.
Sect. 3. He shall from time to time give to the Congress information
of the state of the union,
and recommend to their consideration such measures as he shall judge
necessary and expedient;
he may, on extraordinary occasions, convene both houses, or either of
them, and in case of
disagreement between them, with respect to the time of adjournment,
he may adjourn them to
such time as he shall think proper; he shall receive ambassadors and
other public ministers; he
shall take care that the laws be faithfully executed, and shall
commission all the officers of the
United States.
Sect. 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
Sect. 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 behavior, and shall,
at stated times, receive for their services, a compensation, which
shall not be diminished during
their continuance in office.
Sect. 2. The judicial power shall extend to all cases, in law and
equity, arising under this
constitution, the laws of the United States, and treaties made, or
which shall be made, under
their authority; to all cases affecting ambassadors, other public
ministers and consuls; to all
cases of admiralty and maritime jurisdiction; to controversies to
which the United States shall
be a party; to controversies between two or more states, between a
state and Citizens of another
state, between Citizens of different states, between Citizens of the
same state claiming lands
under grants of different States, and between a state, or the
Citizens thereof and foreign States,
Citizens or subjects.
In all cases affecting ambassadors, other public ministers and
consuls, and those in which a
state shall be a party, the supreme court shall have original
jurisdiction. In all the other cases
before mentioned, the supreme court shall have appellate
jurisdiction, both as to law and fact,
with such exceptions, and under such regulations as the Congress
shall make.
The trial of all crimes, except in cases of impeachment, shall be by
jury; and such trial shall be
held in the state where the said crimes shall have been committed;
but when not committed
within any state, the trial shall be at such place or places as the
Congress may by law have
directed.
Sect. 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
open confession in open
court.
The Congress shall have power to declare the punishment of treason,
but no attainder of treason
shall work corruption of blood, or forfeiture except during the life
of the person attainted.
ARTICLE
IV
Sect. 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.
Sect. 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 fled, be delivered up, to be removed to the state having
jurisdiction of the crime.
No person held to service or labour in one state, under the laws
thereof, escaping into another,
shall, in consequence of any law or regulation therein, be discharged
from such service or
labour, but shall be delivered up on claim of the party to whom such
service or labour may be
due.
Sect. 3. New states may be admitted by the Congress into this union;
but no new state shall be
formed or erected within the jurisdiction of any other state; nor any
state be formed by the
junction of two or more states, or parts of states, without the
consent of the legislatures of the
states concerned as well as of the Congress.
The Congress shall have power to dispose of and make all needful
rules and regulations
respecting the territory or other property belonging to the United
States; and nothing in this
Constitution shall be so construed as to prejudice any claims of the
United States, or of any
particular state.
Sect. 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 two-thirds
of the several states, shall
call a convention for proposing amendments, which, in either case,
shall be valid to all intents
and purposes, as part of this constitution, when ratified by the
legislatures of three-fourths of
the several states, or by conventions in three-fourths thereof, as
the one or the other mode of
ratification may be proposed by the Congress; Provided, that no
amendment which may be
made prior to the year one thousand eight hundred and eight shall in
any manner affect the first
and fourth clauses in the ninth section of the first article; and
that no state, without its consent,
shall be deprived of its equal suffrage in the senate.
ARTICLE
VI
All debts contracted and engagements entered into, before the adoption of this
Constitution,
shall be as valid against the United States under this Constitution,
as under the confederation.
This constitution, and the laws of the United States which shall be
made in pursuance thereof;
and all treaties made, or which shall be made, under the authority of
the United States, shall be
the supreme law of the land; and the judges in every state shall be
bound thereby, any thing in
the constitution or laws of any state to the contrary
notwithstanding.
The senators and representatives beforementioned, and the members of
the several state
legislatures, and all executive and judicial officers, both of the
United States and of the several
States, shall be bound by oath or affirmation, to support this
constitution; but no religious test
shall ever be required as a qualification to any office or public
trust under the United States.
ARTICLE
VII
The ratification of the conventions of nine States, shall be sufficient
for the establishment of
this constitution between the States so ratifying the
same.
Done in Convention, by the unanimous consent of the states present,
the seventeenth day of
September, in the year of our Lord one thousand seven hundred and
eighty-seven, and of the
independence of the United States the twelfth. In witness whereof we
have hereunto subscribed
our Names.
GEORGE WASHINGTON, president,
And Deputy from Virginia.
In CONVENTION,
Monday, September 17th, 1787.
PRESENT
The States of New-Hampshire, Massachusetts, Connecticut, Mr. Hamilton
from New-York,
New-Jersey, Pennsylvania, Delaware, Maryland, Virginia,
North-Carolina, South-Carolina and
Georgia:
RESOLVED,
That the preceding Constitution be laid before the United States in
Congress assembled, and
that it is the opinion of this Convention, that it should afterwards
be submitted to a Convention
of Delegates, chosen in each State by the People thereof, under the
Recommendation of its
legislature, for their Assent and Ratification; and that each
Convention assenting to, and
ratifying the Same, should give Notice thereof to the United States
in Congress assembled.
Resolved, That it is the Opinion of this Convention, that as soon as
the Conventions of nine
States shall have ratified this Constitution, the United States in
Congress assembled should fix a
Day on which Electors should be appointed by the States which shall
have ratified the same,
and a Day on which the Electors should assemble to vote for the
President, and the Time and
Place for commencing Proceedings under this Constitution. That after
such Publication the
Electors should be appointed, and the Senators and Representatives
elected: That the Electors
should meet on the Day fixed for the Election of the President, and
should transmit their Votes
certified, signed, sealed and directed, as the Constitution requires,
to the Secretary of the United
States in Congress assembled, that the Senators and Representatives
should convene at the
Time and Place assigned; that the Senators should appoint a President
of the Senate, for the sole
Purpose of receiving, opening and counting the Votes for President;
and, that after he shall be
chosen, the Congress, together with the President, should, without
Delay, proceed to execute
this Constitution.
By the Unanimous Order of the Convention,
GEORGE WASHINGTON, President,
WILLIAM JACKSON, Secretary
New-Hampshire John Langdon, Nicholas Gilman
Massachusetts Nathaniel Gorham, Rufus King
Connecticut William Samuel Johnson, Roger Sherman
New-York Alexander Hamilton
New-Jersey William Livingston, David Brearley, William Paterson,
Jonathan Dayton,
Pennsylvania Benjamin Franklin, Thomas Miffin, Robert Morris, George
Clymer,
Thomas Fitzsimons, Jared Ingersoll, James Wilson, Gouverneur
Morris,
Delaware George Read, Gunning Bedford, Junior, John
Dickinson,
Richard Bassett, Jacob Broom.
Maryland James M’Henry, Daniel of St. Tho. Jenifer, Daniel
Carrol
Virginia John Blair, James Madison, Junior
North-Carolina William Blount, Richard Dobbs Spaight, Hugh
Williamson.
South-Carolina John Rutledge, Charles Cotesworth Pinckney, Charles
Pinckney, Pierce
Butler.
Georgia William Few, Abraham Baldwin.
attest, William Jackson, Secretary
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