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ARTICLE V.

OF AMENDMENTS TO THE CONSTITUTION.

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 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 eighteen 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.

OF PUBLIC DEBT.

SEC. 1 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.

OF THE SUPREME LAW OF THE LAND.

SEC. II. 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, anything in the Constitution or laws of any States to the contrary notwithstanding.

OF THE CONSTITUTIONAL OATH, AND RELIGIOUS TEST.

SEC. III. The Senators and Representatives before mentioned, 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 of public trust under the United States.

ARTICLE VII.

RATIFICATION OF THE CONSTITUTION.

The ratification of the Conventions of nine States shall be sufficient for the establishment of this Constitution, between the States so ratifying the same. [5 Wheat., 422.] DONE in the 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 eightyseven, and of the Independence of the United States of America the twelfth.

AMENDMENTS.

The following articles proposed by Congress, in addition to and amendments of the Constitution of the United States, having been ratified by the Legislatures of three-fourths of the States, are become a part of the Constitution.

First Congress, First Session, March 5, 1789.

OF THE RIGHT OF

CONSCIENCE, FREEDOM OF THE PRESS, &C.

ART. 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. [See 3 Yates, 520.]

OF THE RIGHT TO BEAR ARMS.

ART. 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.

OF QUARTERING TROOPS.

ART. 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.

OF THE RIGHT TO BE SECURE FROM SEARCH, &C.

ART. 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 warrant 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. [2 Cranch, 448, 453. 6 Binn., 316.]

OF INDICTMENTS, PUNISHMENTS, &C.

ART. 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 and public danger; nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb;

nor shall be compelled in any criminal case to be a witness against himself; nor to be deprived of life, liberty or property, without due process of law, nor shall private property be taken for public use without just compensation. [18 Johns., 187, 201. 3 Yeates, 362. 6 Binn. 509. 2 Dall., 312. 2 Johns., Ch. R., 164. 2, S. & R., 382. 6 Cowan, 530. 8 Wend., 85. 7 Pet., 243.]

OF TRIAL IN CRIMINAL CASES, AND THE RIGHTS OF A
DEFENDANT.

ART. 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 confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel for his defence.

OF TRIAL IN CIVIL CASES,

ART. 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. [See 8 Wheat., 85, 674.]

OF BAIL AND FINES.

ART. VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. [See 20 Johns., 457. 3 Cowan, 686.]

OF RIGHTS RESERVED.

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

OF POWERS RESERVED TO THE STATES.

ART. 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. [1 Wheat., 325.]

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Third Congress, Second Session, December 2, 1793. Adopted 1798.

OF THE JUDICIAL POWER-SEE ART. III., SEC. 2.

ART. 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. [See 6 Wheat., 405. 1 Pet., 110. 7 Pet., 627.]

Eighth Congress, First Session, October 17, 1803.

MANNER OF ELECTING THE PRESIDENT AND VICE PRESIDENT.

ART. 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 they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and the number of votes for each; which lists 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 for President shall be the President, if such number be a majority of the whole number of electors appointed. And if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately by ballot, the President; but in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice; and if the House of Representatives shall not choose a President whenever the right of a choice shall devolve upon them, before

† Before the 1st Wednesday in January, by act of Congress, 1st March, 1792. On the 2d Wednesday in February, by the same act.

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