ARTICLE 5. tion. 1. The congress, whenever two-thirds of both houses shall deem Mode of amendit necessary, shall propose amendments to this constitution; or, on the ing this constituapplication 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 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 6. former debts. 1. All debts contracted, and engagements entered into, before the Assumption of adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation. bound thereby. 2. This constitution, and the laws of the United States which shall Constitution to be the supreme be made in pursuance thereof, and all treaties made, or which shall be law of the land; made under the authority of the United States, shall be the supreme the state judges 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. to take oath to stitution; no religious test. 3. The senators and representatives before mentioned, and the Certain officers members of the several state legislatures, and all executive and judi- support this concial 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 7. 1. The ratification of the conventions of nine states shall be suffi- How ratified. cient for the establishment of this constitution between the states so ratifying the same. Done in convention, by the unanimous consent of the states present, GEORGE WASHINGTON, In Congress, Saturday, Sept. 13, 1788. On the question to agree to the following proposition, it was resolved in the affirmative, by the unanimous votes of nine states, viz: of New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Virginia, South Carolina and Georgia. fied. Whereas, the convention assembled in Philadelphia, pursuant to the Constitution de resolution of congress of the 21st February, 1787, did, on the 17th clared to be rati of September, in the same year, report to the United States in congress assembled, a constitution for the people of the United States; Government to whereupon, congress, on the 28th of the same September, did resolve unanimously, "That the said report, with the resolutions and letter accompanying the same, be transmitted to the several legislatures, in order to be submitted to a convention of delegates chosen in each state by the people thereof, in conformity to the resolves of the convention made and provided in that case;" and whereas, the constitution so reported by the convention, and by congress transmitted to the several legislatures, has been ratified in the manner therein declared to be sufficient for the establishment of the same, and such ratifications, duly authenticated, have been received by congress, and are filed in the office of the secretary; therefore, Resolved, That the first Wednesday in January next, be the day go into operation. for appointing electors in the several states, which before the said day shall have ratified the said constitution; that the first Wednesday in February next, be the day for the electors to assemble in their respective states, and vote for a president: and that the first Wednesday in March next, be the time, and the present seat of congress the place for commencing proceedings under the said constitution. Preamble and resolution which preceded the ori. of the amend. ments. [The following amendments were proposed at the first session of the first congress of the United States, which was begun and held at the city of New York, on the 4th of March, 1789, and were adopted by the requisite number of states.-1 vol. laws of U. S. p. 72.] [The preamble and resolution following, preceded the original proposition of the amendments, and as they have been supposed by a high equity judge, (8th Wendell's Reports, p. 100,) to have an important bearing on the construction of those amendments, they are here inserted. They will be found in the journals of the first session of the first congress. Congress of the United States, begun and held at the city of New York, on Wednesday, the 4th of March, 1789. The conventions of a ginal proposition number of the states having at the time of their adopting the constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added; and as extending the ground of public confidence in the government, will best insure the beneficent ends of its institution, Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both houses concurring, that the following articles be proposed to the legislatures of the several states, as amendments to the constitution of the United States, all or any of which articles, when ratified by three-fourths of the said legislatures, to be valid to all intents and purposes, as part of the said constitution, namely:] AMENDMENTS. ARTICLE 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. ARTICLE II, A well regulated militia being necessary to the security of a free CONSTITUTION OF THE UNITED STATES. state, the right of the people to keep and bear arms shall not be infringed. ARTICLE III. Party of No soldier shall, in time of peace, be quartered in any house with- Quartering of out the consent of the owner; nor in time of war, but in a manner to be prescribed by law." ARTICLE IV. soldiers. 15 The right of the people to be secure in their persons, houses, papers, Soarch warrants. 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. ARTICLE V. rights. No person shall be held to answer for a capital or otherwise infa- Proceedings mous crime, unless on a presentment or indictment of a grand jury, charged with against persons except in cases arising in the land or naval forces, or in the militia, crimes; their when in actual service, in time of war or 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 be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. ARTICLE VI. cused. In all criminal prosecutions, the accused shall enjoy the right to a Rights of the acspeedy 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. ARTICLE VII. In suits at common law, where the value in controversy shall exceed Right of trial by twenty dollars, the right of trial by jury shall be preserved; and no jury. 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. ARTICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, Excessive bail, nor cruel and unusual punishments inflicted. ARTICLE IX. &c. The enumeration in the constitution of certain rights, shall not be construction of construed to deny or disparage others retained by the people. ARTICLE X. constitution. The powers not delegated to the United States by the constitution, Reserved pow. nor prohibited by it to the states, are reserved to the states respectively, or to the people. [The following amendment was proposed at the second session of the third Congress. It is printed in the laws of the United States, 1st vol., p. 73, as article 11:] ers. Construction of judicial powers. Mode of electing president and vice president of the United States; choosing president. Vice-president. Qualification. ARTICLE XI. The judicial powers 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. [The three following sections were proposed as amendments at the first session of the eighth Congress. They are printed in the laws of the United States as article twelve: ] ARTICLE XII. 1. 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 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 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 a 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 choice shall devolve upon them, before the fourth day of March next following, then the vicepresident shall act as president, as in case of the death or other constitutional disability of the president. 2. The person having the greatest number of votes as vice-president, shall be the vice-president, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligible to the office of president, shall be eligible to that of vice-president of the United States. [In the edition of the laws of the United States, before referred to, there is an amendment printed as article thirteen, prohibiting citizens from accepting titles of nobility or honor, or presents, offices, &c. from foreign nations. But by a message of the president of the United States of the 4th of February, 1818, in answer to a resolution of the house of representatives, it appears that this amendment had been ratified only by twelve states, and therefore had not been adopted. See vol. 4 of the printed papers of the 1st session of the 15th congress, No. 76.] CONSTITUTION OF MICHIGAN. In convention, begun at the city of Detroit, on the second Monday of May, in the year one thousand eight hundred and thirty-five : We, the people of the territory of Michigan, as established by the act of congress of the eleventh day of January, in the year one thou- Preamble. sand eight hundred and five, in conformity to the fifth article of the ordinance providing for the government of the territory of the United States, north-west of the river Ohio, believing that the time has arrived when our present political condition ought to cease, and the right of self government be asserted; and availing ourselves of that provision of the aforesaid ordinance of the congress of the United States, of the thirteenth day of July, one thousand seven hundred and eighty-seven, and the acts of congress passed in accordance therewith, which entitle us to admission into the union, upon a condition which has been fulfilled, do, by our delegates in convention assembled, mutually agree to form ourselves into a free and independent state, by the style and title of "The State of Michigan," and do ordain and establish the following constitution for the government of the 1. All political power is inherent in the people. Political power. ple. 2. Government is instituted for the protection, security, and bene- Right of the peo fit of the people; and they have the right at all times to alter or reform the same, and to abolish one form of government and establish another, whenever the public good requires it. 3. No man or set of men are entitled to exclusive or separate priv- No exclusive ileges. 5. Every person has a right to worship Almighty God according to the dictates of his own conscience; and no person can of right be compelled to attend, erect, or support, against his will, any place of religious worship, or pay any tithes, taxes, or other rates, for the support of any minister of the gospel or teacher of religion. 5. No money shall be drawn from the treasury for the benefit of religious societies, or theological or religious seminaries. 6. The civil and religious rights, privileges and capacities of no individual shall be diminished or enlarged on account of his opinions or belief concerning matters of religion. privileges. Religious worship. No money to be drawn from treasury for religious purposes. Rights of opinion. 7. Every person may freely speak, write, and publish his senti- Liberty of speech 3 and of the press. |