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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
  
  
  
  
  
  
  

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 I. 
 II. 
 III. 
 IV. 
 V. 
 VI. 
 VII. 
 VIII. 
 IX. 
 X. 
 XI. 
 XII. 
 XIII. 
 XIV. 
 XV. 
 XVI. 
 XVII. 
 XVIII. 
 XIX. 
 XX. 
 XXI. 
 XXII. 
 XXIII. 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
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 I. 
Article I.
 II. 
 III. 
 IV. 
 V. 
 VI. 
 VII. 
  
  
  

  

Article I.

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

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.

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 servitude 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 forty 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, Massachusetts eight, Rhode-Island
and Providence Plantations one, Connecticut five, New-York,


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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 choose their Speaker
and other officers; and they shall have the sole power of
impeachment.

Sect. 3. The Senate of the United States shall be composed
of two senators from each state, chosen by the legislature
thereof, for six years: and each senator shall have one
vote.

Immediately after they shall be assembled in consequence
of the first election, they shall be divided[70] 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
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.

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, ex officio,[71]
President of the senate, but shall have no vote, unless they
be equally divided.


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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.
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 the legislature thereof: but the Congress may at any
time by law make or alter such regulations.

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 behaviour, 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.


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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 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. The enacting stile of the laws shall be, "Be it
enacted by the senators and representatives in Congress
assembled."

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 a law, be presented
to the president of the United States. If he approve
he shall sign it, but if not he shall return it, with his objections
to that house in which it shall have originated, who
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


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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 [72] three-fourths [73] of the
Senate and House of Representatives, according to the rules
and limitations prescribed in the case of a bill.

Sect. 8. The Congress may by joint ballot appoint a treasurer.
They 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.[74]

To borrow money on the credit of the United States.

To regulate commerce with foreign nations, 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.


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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 [75] 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 appropriations 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 miles square) as may, by
cession of particular States, and the acceptance of Congress,
become the seat of the government of the United States, and
to exercise like authority over all places purchased by the
consent of the legislature of the 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


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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
the several 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 shall be passed, nor any ex post facto
law.

No capitation tax shall be laid, unless in proportion to the
census herein before directed to be taken.[76]

No tax or duty shall be laid on articles exported from any
State.

No money shall be drawn from the treasury, but in consequence
of appropriations made by law.

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 coin money, nor emit bills of credit,
nor make anything but gold or silver coin a tender in payment
of debts, nor pass any bill of attainder, nor ex post facto laws,
nor laws altering or impairing the obligation of contracts; nor
grant letters of marque and reprisal, nor enter into any treaty,
alliance, or confederation, nor grant any title of nobility.

No state shall, without the consent of Congress, lay imposts
or duties on imports or exports, nor with such consent,


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but to the use of the treasury of the United States.[77] [78] Nor keep
troops nor ships of war in time of peace, nor enter into any
agreement or compact with another state, nor with any foreign
power. Nor engage in any war, unless it shall be actually
invaded by enemies, or the danger of invasion be so iminent,
as not to admit of delay until the Congress can be consulted.

 
[70]

The words, "by lot," were not in the Report as printed; but were
inserted in manuscript, as a typographical error, departing from the
text of the Report referred to the Committee of style & arrangement.—
Marginal note by Madison.

[71]

Ex officio struck out in Madison's copy.

[72]

In the entry of this Report in the printed Journal "two-thirds"
are substituted for "three-fourths." This change was made after the
Report was received.—Madison's note. This is a mistake. The
printed Journal has it "three fourths,"

[73]

A marginal note says "two thirds."

[74]

"but all duties imposts & excises shall be uniform throughout the
U. States," interlined by Madison.

[75]

(punish) a typographical omission.—Madison's note.

[76]

"No preference shall be given by 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," interlined by Madison.

[77]

provided that no State shall be restrained from imposing the usual
duties on produce exported from such State for the sole purpose of
defraying the charges of inspecting packing storing & indemnifying
the losses on such produce while in the custody of public officers. But
all such regulations shall in case of abuse be subject to the revision &
controul of Congress.—Marginal note by Madison.

[78]

"No State shall without the consent of Congress," interlined by
Madison.