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UNITED STATES OF AMERICA.

Before 1776 the 13 British colonies of North America, namely, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina and Georgia, had obtained an important share in their own government. Rhode Island and Connecticut under their charters were practically independent. The other colonies were governed by a governor and council,' appointed by the English Crown, and an assembly chosen by the people. These colonies had what we call representative government in the present British colonial system, but through the increasing powers of the assemblies after 1700 they were rapidly approaching the system of responsible government. The development of self-government was suspended by the reactionary British policy after 1763 and on 4 July 1776 the colonies took the decisive step of declaring themselves independent.

Some union of the colonies was necessary for the conduct of the war with Great Britain, and united action was obtained by means of congresses to which the several colonies sent delegates. The Articles of Confederation, adopted in 1781, for the first time embodied in a written instrument an agreement of union between the previously independent States. The Articles of Confederation were unsatisfactory in that they did not give sufficient power to the central government, and efforts to amend them failed because of the requirement that all States agree upon an amendment.

In pursuance of a recommendation of a convention of 5 States which met at Annapolis, 11 September 1786, delegates of 12 States met in convention at Philadelphia in May, 1787. This convention drafted a Constitution, which was finally ratified by all of the 13 States. Government under this Constitution was organized in April, 1789. Since its adoption the Constitution has received 18 amendments; the text of the amendments is given after that of the original Constitution.2

1 The council was both a legislative and an executive body, except in Pennsylvania, where it was denied legislative power; in Pennsylvania and Maryland appointments were made by proprietors rather than by the Crown; in Massachusetts the members of the council were elected by the general court of the colony.

2 These introductory paragraphs are based upon W. F. DODD, Modern Constitutions (Chicago, 1909), vol. II, p. 291.

CONSTITUTION OF 17 SEPTEMBER 1787.1

[PREAMBLE.]

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

ARTICLE I.

SECTION 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.

SECT. 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.2

No person shall be a representative who shall not have attained to the age of 25 years, and been 7 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 10 years, in such manner as they shall by law direct. The number of representatives shall not exceed 1 for every 30,000, but each State shall have at least 1 representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose 3, Massachusetts 8, Rhode Island and Providence Plantations 1, Connecticut 5, New York 6,

1 This is the date upon which the Constitution was agreed upon by the Constitutional Convention; according to the terms of the Constitution it became effective on 21 June 1788, after ratification by 9 States. The date set by Congress for proceedings to begin under the Constitution was 4 March 1789, but the government was actually not organized until April of that year. French translation of this Constitution and its subsequent amendments up to the 15th in F. R. DARESTE ET P. DARESTE, Les Constitutions modernes (3d edition, Paris, 1910), vol. 11, pp. 396-421.

2 The conditions required to be elector vary in the different States. The length of residence required varies from 3 months to a year. Some States require the elector merely to pay a tax; many require an ability to read and write, or to read only. The age required is 21 years in all the States.

3 The first sentence of this paragraph was amended by the second section of the fourteenth amendment (below, p. 621).

New Jersey 4, Pennsylvania 8, Delaware 1, Maryland 6, Virginia 10, North Carolina 5, South Carolina 5, and Georgia 3.1

When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies.

The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment.

SECT. 3. The Senate of the United States shall be composed of 2 senators from each State, chosen by the legislature thereof, for 6 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.2

No person shall be a senator who shall not have attained to the age of 30 years, and been 9 years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.

The Vice-President of the United States shall be president of the Senate, but shall have no vote, unless they be equally divided.

The Senate shall choose their other officers, and also a president pro tempore, in the absence of the Vice-President, or when he shall exercise the office of President of the United States.

The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment, according to law.

SECT. 4. The times, places and manner of holding elections for senators and representatives shall be prescribed in each State by

1 The number of representatives has considerably increased since. See below, p. 621,

note 2.

2 Paragraph 1 of this section and so much of paragraph 2 as relates to filling vacancies are amended by the seventeenth amendment (below, p. 622).

3 Before the ordinary courts.

the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing

senators.

The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.

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 may provide.

Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.

Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal.

Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.

SECT. 6. The senators and representatives shall receive a compensation for their services, to be ascertained by law1 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 be was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office.

SECT. 7. All bills for raising revenue shall criginate in the House of Representatives; but the Senate may propose or concur with amendments as on other bills.

Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that house in which

1 This annual compensation amounts to $7,500. The compensation of the speaker is $12,000. See Act of 26 February 1907.

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