Our American Government

108TH CONGRESS H. DOC.
" !
1st Session 108–94
OUR AMERICAN
GOVERNMENT
2003 Edition
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Printed by authority of H. Con. Res. 139, 108th Congress
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H. Con. Res. 139 Agreed to June 20, 2003
One Hundred Eighth Congress

of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday, the seventh
day of January, two thousand and three
Concurrent Resolution
Resolved by the House of Representatives (the Senate concurring),
SEC. 2. OUR AMERICAN GOVERNMENT.
(a) IN GENERAL.—The 2003 revised edition of the brochure enti-
tled ‘‘Our American Government’’ shall be printed as a House docu-
ment under the direction of the Joint Committee on Printing.
(b) ADDITIONAL COPIES.—In addition to the usual number, there
shall be printed the lesser of—
(1) 550,000 copies of the document, of which 440,000 copies
shall be for the use of the House of Representatives, 100,000
copies shall be for the use of the Senate, and 10,000 copies
shall be for the use of the Joint Committee on Printing; or
(2) such number of copies of the document as does not exceed
a total production and printing cost of $454,160, with distribu-
tion to be allocated in the same proportion as described in
paragraph (1), except that in no case shall the number of cop-
ies be less than 1 per Member of Congress.
Attest:
JEFF TRANDAHL,
Clerk of the House of Representatives.
Attest:
EMILY J. REYNOLDS,
Secretary of the Senate.
CONTENTS Page
Foreword ................................................................................................................... V
Democracy and Its American Interpretation ......................................................... 1
The Constitution ...................................................................................................... 2
The Legislative Branch ........................................................................................... 6
The Congress ............................................................................................................ 6
Members, Offices, and Staff ............................................................................. 6
Congressional Process and Powers ................................................................. 21
Congressional Rules and Procedures .............................................................. 24
The Committee System .................................................................................... 33
The Executive Branch ............................................................................................. 38
The President and Vice President ................................................................... 40
The Executive Departments and Agencies ..................................................... 50
The Independent Agencies and Commissions ....................................................... 52
The Judicial Branch ................................................................................................ 53
The Courts of the United States ..................................................................... 53
The Justices and Judges .................................................................................. 55
The Electoral Process .............................................................................................. 56
Information Resources ............................................................................................. 62
APPENDICES
Glossary of Legislative Terms ................................................................................ 71
Selective Bibliography and References .................................................................. 78
State Population and House Apportionment ......................................................... 81
House and Senate Political Divisions .................................................................... 83
The Declaration of Independence ........................................................................... 85
Constitution of the United States .......................................................................... 89
Amendments to the Constitution .................................................................... 101
Proposed Amendments to the Constitution Not Ratified by the States ....... 117
Index ......................................................................................................................... 121
FOREWORD
The Committee on House Administration is pleased to present
this revised book on our United States Government.
This publication continues to be a popular introductory guide for
American citizens and those of other countries who seek a greater
understanding of our heritage of democracy. The question-and-an-
swer format covers a broad range of topics dealing with the legisla-
tive, executive, and judicial branches of our Government as well as
the electoral process and the role of political parties.
60436.005
ROBERT W. NEY, SAXBY CHAMBLISS,

Chairman. Vice Chairman.
OUR AMERICAN GOVERNMENT
DEMOCRACY AND ITS AMERICAN INTERPRETATION

1. What is the purpose of the U.S. Government?
The purpose is expressed in the preamble to the Constitution:
‘‘We the People of the United States, in Order to form a more per-
fect Union, establish Justice, insure domestic Tranquility, 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.’’
2. What form of government do we have in the United
States?
The United States, under its Constitution, is a federal, represent-
ative, democratic republic, an indivisible union of 50 sovereign
States. With the exception of town meetings, a form of pure democ-
racy, we have at the local, state, and national levels a government
which is: ‘‘federal’’ because power is shared among these three lev-
els; ‘‘democratic’’ because the people govern themselves and have
the means to control the government; and ‘‘republic’’ because the
people choose elected delegates by free and secret ballot.
3. What is the role of the citizen in our Government?
The United States today is even more of a participatory democ-
racy than was envisioned by the Founders when they established
a government ‘‘of the people, by the people, and for the people,’’ as
President Abraham Lincoln later described it. Along with the con-
stitutional responsibilities which accompany citizenship, such as
obeying laws and paying taxes, the citizen is afforded a wide range
of rights and opportunities to influence the making of public policy
by the Government.
At the most basic level, the right to vote gives the citizen a
chance to help select those who will ultimately be responsible for
determining public policy. Beyond casting the ballot, a citizen may
actively assist in nominating and electing preferred public officials
through volunteer activities and campaign donations. The partici-
pation of citizens in the electoral process contributes greatly to the
sense of legitimacy of the Government.
Citizen involvement in the Government need not be manifested
only during election campaigns. Legislators are accustomed to
hearing from constituents expressing opinions about issues of the
day, and procedures exist that mandate that executive agencies
allow time for public comment before proposed regulations become
final. Individuals may also join with others who hold similar views
to make the most of their influence with Government on particular
issues; this is how interest groups or political action committees
are established and the lobbying process begins.
4. What contributions has our country made to the institu-
tion of government?
Some of the U.S. contributions to the institution of government
are as follows: a written constitution, an independent judiciary to
interpret the Constitution, and a division of powers between the
Federal and State Governments.
THE CONSTITUTION
5. What is the Constitution?
The Constitution is the basic and supreme law of the United
States. It prescribes the structure of the U.S. Government, provides
the legal foundation on which all its actions must rest, and enu-
merates and guarantees the rights due all its citizens.
The Constitution is a document prepared by a convention of dele-
gates from 12 of the 13 States that met at Philadelphia in 1787.
The original charter, which replaced the Articles of Confederation
and which became operative in 1789, established the United States
as a federal union of States, a representative democracy within a
republic. The framers provided a Government of three independent
branches. The first is the legislature, which comprises a two-house
or bicameral Congress consisting of a Senate, whose Members are
apportioned equally among the States, and a House of Representa-
tives, whose Members are apportioned among the States according
to population. The second, the executive branch, includes the Presi-
dent and Vice President and all subordinate officials of the execu-
tive departments and executive agencies. The third branch, the ju-
diciary, consists of the Supreme Court and various subordinate
Federal courts created by public law.
The 27 amendments approved since 1791 are also an integral
part of the Constitution. These include amendments 1 through 10,
known collectively as the Bill of Rights, and amendments 11
through 27, which address a wide range of subjects. At the present
time, four amendments without ratification deadlines are pending
before the States. These deal with congressional apportionment,
child labor, titles of nobility from foreign powers, and certain
States rights (in a pre-Civil War proposal). In addition, the ratifica-
tion deadlines expired on two proposed amendments, which had
been approved by Congress in the 1970s: i.e., equal rights for
women and men and voting representation for the District of Co-
lumbia in the Senate and House.
6. What were the basic principles on which the Constitution
was framed?
The framers of the Constitution debated and agreed to the fol-
lowing six basic principles:
1. That all States would be equal. The National Government
cannot give special privileges to one State.
2. That there should be three branches of Government—one
to make the laws, another to execute them, and a third to in-
terpret them.
3. That the Government is a government of laws, not of men.
No one is above the law. No officer of the Government can use
authority unless and except as the Constitution or public law
permits.
4. That all men are equal before the law and that anyone,
rich or poor, can demand the protection of the law.
5. That the people can change the authority of the Govern-
ment by changing (amending) the Constitution. (One such
change provided for the election of Senators by direct popular
vote instead of by State legislatures).
6. That the Constitution, and the laws of the United States
and treaties made pursuant to it, are ‘‘the supreme Law of the
Land.’’
7. What is the Bill of Rights?
The Bill of Rights is a series of constitutionally protected rights
of citizens. The first 10 amendments to the Constitution, ratified by
the required number of States on December 15, 1791, are com-
monly referred to as the Bill of Rights. The first eight amendments
set out or enumerate the substantive and procedural individual
rights associated with that description. The 9th and 10th amend-
ments are general rules of interpretation of the relationships
among the people, the State governments, and the Federal Govern-
ment. The ninth amendment provides that the ‘‘enumeration in the
Constitution, of certain rights, shall not be construed to deny or
disparage others retained by the people.’’ The 10th amendment
reads: ‘‘The powers not delegated to the United States by the Con-
stitution, nor prohibited by it to the States, are reserved to the
States respectively, or to the people.’’
8. What are the rights enumerated in the Bill of Rights?
Right to freedom of religion, speech, and press (Amendment
I);
Right to assemble peaceably, and to petition the Government
for a redress of grievances (Amendment I);
Right to keep and bear arms in common defense (Amend-
ment II);
Right not to have soldiers quartered in one’s home in peace-
time without the consent of the owner, nor in time of war ex-
cept as prescribed by law (Amendment III);
Right to be secure against ‘‘unreasonable searches and sei-
zures’’ (Amendment IV);
Right in general not to be held to answer criminal charges
except upon indictment by a grand jury (Amendment V);
Right not to be put twice in jeopardy for the same offense
(Amendment V);
Right not to be compelled to be a witness against oneself in
a criminal case (Amendment V);
Right not to be deprived of life, liberty, or property without
due process of law (Amendment V);
Right to just compensation for private property taken for
public use (Amendment V);
Right in criminal prosecution to a speedy and public trial by
an impartial jury, to be informed of the charges, to be con-
fronted with witnesses, to have a compulsory process for call-
ing witnesses in defense of the accused, and to have legal coun-
sel (Amendment VI);
Right to a jury trial in suits at common law involving over
$20 (Amendment VII);
Right not to have excessive bail required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted (Amend-
ment VIII).
9. How may the Constitution be amended?
Amending the Constitution involves two separate processes.
First, amendments may be proposed on the initiative of Congress
(by two-thirds affirmative vote in each House) or by convention (on
application of two-thirds of the State legislatures). So far, a conven-
tion has never been called.
The second step is ratification of a proposed amendment. At the
discretion of Congress, Congress may designate ratification either
by the State legislatures or by conventions. Ratification requires
approval by three-fourths of the States. Out of the 27 amendments,
only one (the 21st, ending Prohibition) has been ratified by State
conventions.
The first 10 amendments (ratified in 1791) were practically a
part of the original instrument. The 11th amendment was ratified
in 1795, and the 12th amendment in 1804. Thereafter, no amend-
ment was made to the Constitution for 60 years. Shortly after the
Civil War, three amendments were ratified (1865–70), followed by
another long interval before the 16th amendment became effective
in 1913. The most recent amendment, the 27th, was ratified on
May 7, 1992. At the present time, there are four amendments
pending before the States that were proposed without ratification
deadlines.
10. How long may a proposed amendment to the Constitu-
tion remain outstanding and open to ratification?
The Supreme Court has stated that ratification must be within
‘‘some reasonable time after the proposal.’’ Beginning with the 18th
amendment, it has been customary for Congress to set a definite
period for ratification. In the case of the 18th, 20th, 21st, and 22nd
amendments, the period set was 7 years, but there has been no de-
termination as to just how long a ‘‘reasonable time’’ might extend.
In the case of the proposed equal rights amendment, the Con-
gress extended the ratification period from 7 to approximately 10
years; but the proposed Amendment was never ratified.
The ‘‘reasonable time’’ doctrine recently arose, as well, in connec-
tion with an amendment pertaining to congressional pay, proposed
in 1789 without a ratification deadline. The 38th State, Michigan,
ratified this amendment on May 7, 1992–203 years after its pro-
posal. The amendment was certified by the Archivist of the United
States, since it did not carry a term limitation, as the 27th Amend-
ment to the Constitution.
11. What is the ‘‘lame duck’’ amendment?
The ‘‘lame duck’’ amendment is the popular name for the 20th
amendment to the Constitution, ratified on February 6, 1933. It is
designed to limit the time that elected officials can serve after the
general election in November. This amendment provides, among
other things, that the terms of the President and Vice President
end at noon on January 20, the terms of Senators and Representa-
tives end at noon on January 3, and the terms of their successors
then begin.
Prior to this amendment, the annual session of Congress began
on the first Monday in December (Article 1, Section 4). Since the
terms of new Members formerly did not begin until March 4, Mem-
bers who had been defeated or did not stand for reelection in No-
vember continued to serve during the lame duck session from De-
cember until March 4. Adoption of the 20th amendment has re-
duced but not eliminated legislation by a Congress that does not
represent the latest choice of the people. For instance, 11 of the 33
Congresses from 1933 to 1999 (73rd through the 105th Congress)
continued to meet after the November general elections.
12. Have any amendments to the Constitution been re-
pealed?
Only one, the 18th amendment (Prohibition), ratified in early
1919, was repealed by the 21st amendment in late 1933.
13. What is meant by the ‘‘separation of powers’’ and ‘‘checks
and balances’’ in the Federal Government?
The separation of powers and checks and balances are two funda-
mental principles underlying the Constitution. They work together
to prevent a tyrannous concentration of power in any one branch,
to check and restrain Government, and, ultimately, to protect the
rights and liberties of citizens.
The Constitution contains provisions in separate articles for the
three branches of Government—legislative, executive, and judicial.
There is a significant difference in the grants of authority to these
branches, each of which is also given an independent base of polit-
ical power. The First Article, dealing with legislative power, vests
in Congress ‘‘All legislative Powers herein granted’’; the Second Ar-
ticle vests ‘‘The executive Power’’ in the President; and the Third
Article states that ‘‘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.’’ In addition
to this separation and independence among the three branches, the
Constitution sets up ‘‘auxiliary precautions,’’ as James Madison
called them in the Federalist Papers, that allow each branch to
check and balance the others. For instance, the President can veto
bills approved by Congress and nominates individuals to the Fed-
eral judiciary; the Supreme Court can declare a law enacted by
Congress or an action by the President unconstitutional; and Con-
gress can impeach and remove the President and Federal court jus-
tices and judges.
THE LEGISLATIVE BRANCH
THE CONGRESS
14. What is Congress?
The Congress of the United States is the legislative (lawmaking)
and oversight (Government policy review) body of our National
Government, and consists of two Houses—the Senate and the
House of Representatives.
MEMBERS, OFFICES, AND STAFF
15. What qualifications are prescribed for a Member of Con-
gress?
The Constitution (Article 1, Section 2 for the House and Section
3 for the Senate) prescribes qualifications for Members of Congress.
A Member of the House of Representatives must be at least 25
years of age when entering office, must have been a U.S. citizen for
at least seven years, and must be a resident of the State in which
the election occurred.
A Member of the U.S. Senate must be at least 30 years of age
to enter office, must have been a U.S. citizen for nine years, and
must be a resident of the State in which the election occurred.
16. What is the term of a Congress and how often must it
meet?
A Congress begins at noon, January 3 of each odd-numbered year
following a general election, unless by law a different day is des-
ignated. A Congress lasts for two years, with each year normally
constituting a separate session.
The Legislative Reorganization Act of 1970 requires Congress to
adjourn sine die not later than July 31 of each year unless there
is a declared war, or unless Congress otherwise provides. In odd-
numbered years, Congress must take an August recess if it fails to
adjourn by July 31.
Neither the House nor the Senate may adjourn for more than
three days (excluding Saturdays, Sundays, and holidays) without
the concurrence of the other Chamber. It has also become a com-
mon practice for Congress to adjourn after making provision for the
House and Senate leaders to summon Congress back into session
in emergency circumstances. Similarly, the Constitution grants the
President the authority to summon the Congress for a special ses-
sion if circumstances require.
17. How many Members does each State have in the Senate
and House of Representatives?
Each State, under the Constitution, is entitled to two Senators,
each serving a six-year term, and at least one Representative, serv-
ing a two-year term. Additional House seats are apportioned on the
basis of State population. (See State Population and House Appor-
tionment table in Appendix.)
Insert offset folio 01 here HD216.001
18. What is the size of the House of Representatives and how
is it determined?
The membership of the House of Representatives is fixed in law
at 435 Members representing the 50 States. In addition to the 435
Representatives, there is one Delegate for each of the following: the
District of Columbia, the Virgin Islands, Guam, and American
Samoa (each elected for a two-year term); as well as a Resident
Commissioner from Puerto Rico (elected for a four-year term). The
Delegates and the Resident Commissioner can sponsor legislation
and vote in committees, but not in the House Chamber.
The Constitution entitles each State to at least one Representa-
tive. Beyond this minimum, Representatives are apportioned
among the States according to population. Population figures used
for apportionment are determined on the basis of each 10-year cen-
sus. (Following the 1990 census, the average district size was about
570,000 people). Since 1941, Congress has used the method of
‘‘equal proportions’’ to calculate actual apportionment, in order to
minimize the differences in district populations among the States.
19. Who defines the congressional districts—the Federal
Government or the States?
Congress fixes the size of the House of Representatives, and the
procedure for apportioning the number of Representatives among
the States, and the States themselves proceed from there. State
legislatures pass laws defining the physical boundaries of congres-
sional districts, within certain constraints established by Congress
and the Supreme Court (through its reapportionment and redis-
tricting rulings). Each State is apportioned its number of Rep-
resentatives by means of the Department of Commerce’s decennial
census.
In the very early years of the Republic, most States elected their
Representatives at large. The practice of dividing a State into dis-
tricts, however, was soon instituted. Congress later required that
Representatives be elected from ‘‘districts composed of a contiguous
and compact territory,’’ but this requirement is no longer in Fed-
eral law.
The redistricting process has always been provided for by State
law, but Congress can choose to exercise greater authority over re-
districting. In 1967, for example, Congress by law prohibited at-
large elections of Representatives in all States entitled to more
than one Representative. Today, all States with more than one
Representative must elect their Representatives from single-Mem-
ber districts.
20. What is a Member of Congress?
A Member of Congress is a person serving in the Senate or the
House of Representatives. A Member of the Senate is referred to
as Senator, and a Member of the House of Representatives, as Rep-
resentative or Congressman or Congresswoman.
21. What is a Delegate or Resident Commissioner, as distin-
guished from a Representative?
The office of Delegate was established by ordinance from the
Continental Congress (1774–89) and confirmed by a law of Con-
gress. From the beginning of the Republic, accordingly, the House
of Representatives has admitted Delegates from Territories or dis-
tricts organized by law. Delegates and Resident Commissioners
may participate in House debate but they are not permitted to vote
on the floor. All serve on committees of the House and possess pow-
ers and privileges equal to other Members in committee, including
the right to vote in committee. Currently, there are four Delegates
in the House and one Resident Commissioner.
22. What oath of office is required for Members of Congress,
and when is it administered?
Article VI of the U.S. Constitution requires that Members of Con-
gress, and all executive and judicial officers, shall be bound by oath
or affirmation to support the Constitution. The oath of office is as
follows: ‘‘I, AB, solemnly swear (or affirm) that I will support and
defend the Constitution of the United States against all enemies,
foreign or domestic; that I will bear true faith and allegiance to the
same; that I take this obligation freely, without any mental reserva-
tion or purpose of evasion; and that I will well and faithfully dis-
charge the duties of the office on which I am about to enter. So help
me God.’’
Representatives take the oath of office on the first day of the new
Congress, immediately after the House has elected and sworn in its
Speaker. Those Senators elected or reelected the previous Novem-
ber take the oath of office as the first item of business when the
Senate convenes the following January. Representatives elected in
special elections during the course of a Congress, and Senators ap-
pointed or elected to fill a vacancy in the Senate, generally take the
oath of office on the floor of their respective Chamber when the
Clerk of the House or the Secretary of the Senate has received for-
mal notice of the new Member’s election or appointment from State
government authorities. On rare occasions, because of illness or
other circumstances, a Member-elect has been authorized to take
the oath of office at a place other than the House or Senate Cham-
ber. In those circumstances, the Clerk of the House or Secretary of
the Senate sees to the proper administration of the oath.
23. In the event of the death, resignation, or declination (re-
fusal to serve) of a Member of Congress, how is the va-
cancy filled?
The Constitution (Article II, Section 2, Clause 4) requires that all
vacancies in the House of Representatives be filled by election. All
States require special elections to fill any House seat that becomes
vacant during the First Session of a Congress. Procedures gov-
erning vacancies occurring during the Second Session of a Congress
differ from State to State, and are largely dependent on the
amount of time intervening between the vacancy and the next gen-
eral election.
In the Senate, when a vacancy occurs for any reason, the 17th
Amendment directs the Governor of the State to call an election to
fill such vacancy, and authorizes the legislature to make provision
for an immediate appointment pending such election. Among the
States, only Arizona and Wisconsin do not allow the Governor to
make interim appointments, requiring, instead, a special election to
fill any Senate vacancy. Prevailing practice in the States is that a
special election to fill the vacancy is scheduled to be held at the
time of the next statewide general election.
24. How can Members of Congress be removed from office or
punished for misconduct?
It is generally understood in Congress that the impeachment
process stipulated in the Constitution, which involves both House
and Senate actions, applies only to the removal of the President,
Vice President, Supreme Court Justices, and Federal judges, and
civil officers of the U.S. Government, and not to the removal of
Members of Congress from office. The Constitution states that
‘‘Each House shall be the Judge of the . . . Qualifications of its
own Members . . . [and may] punish its Members for disorderly
Behaviour, and with the Concurrence of two thirds, expel a Mem-
ber.’’ Thus, disciplinary actions taken against a Member are a mat-
ter of concern for that House acting alone.
Each Chamber has established a committee charged with review-
ing allegations of misconduct against its Members: the House Com-
mittee on Standards of Official Conduct and the Senate Ethics
Committee. The Rules of the House and Senate also contain a Code
of Official Conduct. The ethics committees review charges against
a Member filed by another Member or by a private citizen.
The most severe punishment that can be imposed by either the
House or Senate is the expulsion of the offending Member. This ac-
tion requires, constitutionally, an affirmative vote of two-thirds of
the Members of the Chamber voting, a quorum being present. Al-
ternatively, the House may vote to ‘‘censure’’ a Member for mis-
conduct. This requires only a majority vote, and, under party rules
in the House, a censured Member automatically loses any com-
mittee or party leadership positions held during that Congress. In
the Senate, the terms ‘‘censure’’ and ‘‘denunciation’’ are used al-
most interchangeably for violations of this magnitude.
A less severe form of disciplinary action in both the House and
Senate is a ‘‘reprimand,’’ again imposed by a Chamber by a simple
majority vote. Typically, reprimands are reserved for ethical viola-
tions that are minor, or appear to be inadvertent or unintentional
on the part of the Member.
Additionally, Members of Congress are subject to prosecution for
treason, felony, or breach of the peace. Generally, when a Member
has been indicted for a felony, a ‘‘leave of absence’’ from any party
or committee leadership position must be taken so long as the
charges are pending. Usually, the House or Senate will not initiate
internal disciplinary action until the criminal proceedings against
the Member have been completed.
25. Are Members of Congress, to some extent, privileged
from arrest?
Article 1, Section 6 of the Constitution states that Senators and
Representatives ‘‘shall in all Cases, except Treason, Felony, and
Breach of the Peace, be privileged from Arrest during their Attend-
ance at the Session of their respective Houses, and in going to and
returning from the same.’’ The phrase ‘‘Treason, Felony, and
Breach of the Peace’’ has been construed to mean all indictable
crimes, and the Supreme Court has held that the privilege against
arrest does not apply in any criminal cases.
26. Who are the officers of the House and how are they cho-
sen?
Elected officers include the Speaker, Clerk, Sergeant at Arms,
Chief Administrative Officer (CAO), and Chaplain. Another officer,
the Inspector General, is appointed jointly by the Speaker, Majority
Leader, and Minority Leader. Each of these officers appoints the
employees provided by law for his or her department. (For an over-
view of the House’s leadership and administrative structure, see
the accompanying graphic, House of Representatives.)
The Constitution (Article 1, Section 2) says that the House ‘‘shall
chuse [sic] their Speaker and other officers’’; i.e., the Members vote
as they do on any other question, except that in most cases it is
strictly a party vote. Republicans and Democrats both meet before
the House organizes for a new Congress, and choose a slate of offi-
cers. These two slates are presented at the first session of the
House, and the majority-party slate can be expected to be selected.
Traditionally, the majority party’s nominee for Chaplain is not con-
tested. The nominees for Clerk, Sergeant at Arms, CAO, and Chap-
lain are elected by a tally recorded by the House’s electronic voting
machine. For election of the Speaker, Members’ names are called
alphabetically, and they respond by orally stating the name of the
candidate they prefer.
27. What are the duties of the officers and senior officials of
the House?
The officers and officials of the House are, except where noted,
elected by the House at the beginning of each Congress. They are
the principal managers for the House of essential legislative, finan-
cial, administrative, and security functions. Their duties are pre-
scribed in House Rule II and in statutes.
The Clerk of the House.—The Clerk is the chief legislative officer
of the House. After each election, the Clerk receives the credentials
of newly elected Members and presides at the opening of each new
Congress pending the election of a Speaker. The Clerk keeps the
official Journal of House proceedings, certifies all votes, and signs
all bills and resolutions that have passed the House. The Clerk’s
office supervises the enrollment of legislation which originated in
the House, and its presentment to the President. The Clerk’s office
also supervises legislative information resources in the House, the
page program, and units providing public documents to the press
and public.
The Sergeant at Arms.—The Sergeant at Arms is responsible for
maintaining order on the floor and in the galleries when the House
is in session. The office also maintains security in the House side
of the Capitol and in House office buildings and facilities. As part
of this responsibility, the House Sergeant at Arms, along with his
or her Senate counterpart and the Architect of the Capitol, com-
prise the Capitol Police Board and the Capitol Guide Board. In ad-
dition, the Sergeant at Arms is charged with carrying out Section
5 of Article I of the Constitution, which authorizes the House (and
Senate) ‘‘to compel the Attendance of absent Members.’’
The Chaplain.—The House Chaplain opens each daily House ses-
sion with a prayer and provides pastoral services to House Mem-
bers, their families, and staff. He also arranges for visits by guest
chaplains. Traditionally, the Chaplain retains his post when party
control of the House changes.
The Chief Administrative Officer (CAO).—The CAO is the prin-
cipal House officer responsible for the financial management of
House of Representatives accounts. Quarterly, his office issues a
public document identifying all expenditures made by House Mem-
bers, committees, and officers from appropriated funds at their dis-
posal. The CAO’s office, in addition to its financial management re-
sponsibilities, provides a range of services to Member and com-
mittee offices, including telecommunications, postal, and computer
services, office supply and maintenance services, payroll and ac-
counting services, employee counseling and assistance programs,
and supervises private vendors and contractors providing services
to the House.
The Inspector General (IG).—The Inspector General is the chief
investigative officer of the House. His office (either through its own
staff or through consultants) conducts periodic audits of House fi-
nancial and administrative offices and operations. The IG’s findings
and recommendations are submitted to the appropriate House of-
fices, to the congressional leadership, and to the House Administra-
tion Committee. The IG serves a two-year term and is jointly ap-
pointed by the Speaker, the Majority Leader, and the Minority
Leader.
The General Counsel.—The General Counsel is the chief legal ad-
visor to the House, its leaders and officers, and to its Members.
The office represents the House, its Members, or employees in liti-
gation resulting from the performance of official duties. The Gen-
eral Counsel is appointed by the Speaker in consultation with a bi-
partisan legal advisory group, which includes the Majority and Mi-
nority leaders.
The Historian.—By statute, the Office of the Historian acts to
preserve the historical records of the House and its Members, to
encourage historical research on the House, and to undertake origi-
nal research and writing on the history of the House. The Historian
is appointed by the Speaker. When the post is vacant, other legisla-
tive branch organizations and offices may perform some of these
services and functions.
28. What are the duties of the Speaker?
The Speaker presides over the House, appoints chairmen to pre-
side over the Committee of the Whole, appoints all special or select
committees, appoints conference committees, has the power of rec-
ognition of Members to speak, and makes many important rulings
and decisions in the House. The Speaker may vote, but usually
does not, except in case of a tie. The Speaker and the Majority
Leader determine the legislative agenda for the House and often
confer with the President and with the Senate leadership.
29. Could a person other than an elected Representative in
Congress serve as Speaker of the House?
Technically, yes. There is no constitutional impediment to such
a selection. The House is empowered to choose its Speaker and
other officers without restriction. But this possibility is unlikely,
and indeed, the Speaker has always been a Member of the House.
30. Who was the Speaker of the House of Representatives
for the longest period of time?
Sam Rayburn, of Texas, who was a Member of the House for 48
years and 8 months, served as Speaker for 17 years and 2 months.
However, the record for longest continuous service as Speaker is
held by Thomas P. ‘‘Tip’’ O’Neill, of Massachusetts, who served con-
secutively for 10 years, thus surpassing John McCormack (8 years,
11 months, and 23 days); Champ Clark (7 years, 10 months, and
29 days); and Joseph G. Cannon (7 years, 3 months, and 24 days).
31. Who presides over the Senate?
The Constitution provides that ‘‘the Vice President of the United
States shall be the President of the Senate’’ (Article 1, section 3).
As President of the Senate, the Vice President presides over the
Senate, makes parliamentary rulings (which may be overturned by
a majority vote of the Senate or by supermajority, 60 votes, in cer-
tain instances), and may cast tie-breaking votes. At first, Vice
Presidents presided on a regular basis, but in recent years they are
present in the chair only when a close vote is anticipated, during
major debates, or on important ceremonial occasions (such as the
swearing in of newly elected Senators, or during joint sessions). In
the absence of the Vice President, the Senate elects a President pro
tempore (president ‘‘for the time being’’) to preside. In recent dec-
ades it has become traditional for this post to go to the senior Sen-
ator from the majority party. The President pro tempore assigns
other Members of the majority party to preside by rotation during
each day’s proceedings. These Senators and the President pro tem-
pore retain their rights to vote on all issues before the body and
to debate when they are not presiding.
32. Who are the officers of the Senate, how are they chosen,
and what are their duties?
By resolution, the Senate elects five officers: the Secretary, Ser-
geant at Arms, Chaplain, Secretary for the Majority, and Secretary
for the Minority. (For an overview of the Senate’s leadership and
administrative structure, see the accompanying graphic, United
States Senate.)
Secretary of the Senate.—As the Senate’s chief administrative of-
ficer, the Secretary supervises offices and services supporting the
Senate’s day-to-day operations, including those of the Parliamen-
tarian and the legislative and executive business clerks responsible
for processing legislative documentation. Among the other offices
supervised by the Secretary are the Senate Library, the Senate
Historical Office, curatorial and conservation offices, and the offices
of the reporters of debates and of the Daily Digest. The Secretary
officially certifies the bills and resolutions passed by the Senate,
records Senator’s oaths of office, records the registration of lobby-
ists, and administers the Federal election records required to be
filed by senatorial candidates.
Sergeant at Arms.—The Sergeant at Arms is the chief law en-
forcement and security officer of the Senate, charged with enforcing
Senate rules and regulations in the Chamber, and in Senate office
buildings. The Sergeant at Arms implements orders of the Senate,
including locating absent Senators and, when so directed, making
arrests. The Sergeant at Arms notified President Andrew Johnson
in 1868 and President William Jefferson Clinton in 1999 of im-
peachment charges to be tried in the Senate. As the Senate’s pro-
tocol officer, the Sergeant at Arms escorts the President and other
dignitaries during official visits to the Capitol, leads formal proces-
sions during Senate ceremonies, and arranges funerals for Senators
who die in office. The Sergeant at Arms supervises many Senate
support services, including the Senate Computer Center; the Serv-
ice Department; Senate postal and telecommunications services,
gallery services including pages, media galleries and services, re-
cording studios, doorkeepers, and Capitol tour guides, among oth-
ers.
Secretary for the Majority.—Generally nominated by the Majority
Leader with the approval of the majority conference (the organiza-
tional body of all majority party senators), the Secretary for the
Majority oversees party activities in the Senate Chamber and the
majority cloakroom. The Secretary supervises telephone pages and
messengers, organizes meetings of the majority conference, briefs
Senators and staff on pending measures and votes, and conducts
polls of Senators when requested by party leaders to determine
Senators’ views on scheduling issues and pending Senate business.
Secretary for the Minority.—The Secretary for the Minority is
chosen in the same manner as is the majority secretary, that is, by
the minority leadership and conference. The duties of the post are
essentially the same as those of the majority party secretary.
Chaplain.—Nominated in the conference of the majority-party
Senators, the full Senate elects the Senate Chaplain. The Chaplain
prepares and offers the convening prayer each day the Senate is in
session; provides pastoral services to Senators, their families and
staffs; and supervises the scheduling of appearances by guest chap-
lains. Traditionally, changes in party control do not interrupt the
tenure of the Chaplain of the Senate.
33. What are party Leaders?
The political parties in the House and Senate elect Leaders to
represent them on the floor, to advocate their policies and view-
points, to coordinate their legislative efforts, and to help determine
the schedule of legislative business. The Leaders serve as spokes-
persons for their parties and for the House and Senate as a whole.
Since the Framers of the Constitution did not anticipate political
parties, these leadership posts are not defined in the Constitution
but have evolved over time. The House, with its larger member-
ship, required Majority and Minority Leaders in the 19th century
to expedite legislative business and to keep their parties united.
The Senate did not formally designate party floor leaders until the
1920s, although several caucus chairmen and committee chairmen
had previously performed similar duties. In both Houses, the par-
ties also elect assistant leaders, or ‘‘Whips.’’ The Majority Leader
is elected by the majority-party conference (or caucus), the Minority
Leader by the minority-party conference. Third parties have rarely
had enough members to need to elect their own leadership, and
independents will generally join one of the larger party organiza-
tions to receive committee assignments. Majority and Minority
Leaders receive a higher salary than other Members in recognition
of their additional responsibilities.
34. Are the Majority Leaders elected by their respective
Houses of Congress?
No. Rather, Members of the majority party in the House, meeting
in caucus or conference, select the Majority Leader. The minority-
party Members, in a similar meeting, select their Minority Leader.
The majority and minority parties in the Senate also hold separate
meetings to elect their leaders.
35. What are the duties of the ‘‘Whips’’ of the Congress?
The Whips (of the majority and minority parties) keep track of
all politically important legislation and endeavor to have all mem-
bers of their parties present when important measures are to be
voted upon. When a vote appears to be close, the Whips contact ab-
sent Members of their party, and advise them of the vote. The
Whips assist the leadership in managing the party’s legislative pro-
gram on the floor of the Chambers and provide information to
party Members about important legislative-related matters. The
authority of the Whips over party Members is informal; in the U.S.
Congress, a Member may vote against the position supported by a
majority of the Member’s party colleagues because of personal op-
position or because of opposition evident within his or her constitu-
ency. In most cases, parties take no disciplinary action against col-
leagues who vote against the party position.
The Majority and Minority Whips in the House and Senate are
elected by party Members in that Chamber. In the House, with its
larger number of Members, the Majority and Minority Whips ap-
point deputy whips to assist them in their activities.
36. What are party caucuses or party conferences and party
committees?
A party caucus or conference is the name given to a meeting,
whether regular or specially called, of all party Members in the
House or Senate. The term ‘‘caucus’’ or ‘‘conference’’ can also mean
the organization of all party Members in the House or Senate.
House Democrats refer to their organization as a ‘‘caucus.’’ House
and Senate Republicans and Senate Democrats call their three or-
ganizations as ‘‘conferences.’’ The caucus or conference officially
elects party floor leaders, the party whips, and nominates each par-
ty’s candidates for the Speakership or President pro tempore and
other officers in the House or Senate. The chairs of the party con-
ferences and other subordinate party leaders are elected by vote of
the conference or caucus at the beginning of each Congress. Reg-
ular caucus or conference meetings provide a forum in which party
leaders and rank-and-file party Members can discuss party policy,
pending legislative issues, and other matters of mutual concern.
The party caucus or conference also traditionally establishes
party committees with specialized functions. Party committees gen-
erally nominate party Members to serve on the various committees
of the House or Senate, subject to approval by the caucus or con-
ference. Policy committees generally discuss party positions on
pending legislation. Steering committees generally plan the sched-
ule of Chamber action on pending legislation. Research committees
conduct studies on broad policy questions, generally before commit-
tees of the House or Senate begin action on legislation. Campaign
committees provide research and strategy assistance to party can-
didates for election to the House or Senate. The chairs of party
committees are generally elected by their respective party caucus
or conference; the exception is the House Democratic Steering and
Policy Committee, which is chaired by the Speaker of the House
(when the Democrats are in the majority) or by the Democratic
floor leader (when they are in the minority).
The caucus or conference may also decide to appoint ‘‘task forces’’
to perform research on a new policy proposal, or to assist the for-
mal leadership in developing a party position on important legisla-
tion. These ‘‘task forces’’ are traditionally disbanded once their
work has been completed.
37. What are caucuses, congressional Member organizations,
and other similar groups?
Congressional Member Organizations (CMOs), commonly re-
ferred to as caucuses, are groups of Members of Congress formed
to pursue common legislative objectives. CMOs are voluntary
groups that have no legal or corporate identity. CMOs take a vari-
ety of forms: some are comprised only of House Members, some
only of Senators, and some have a membership drawn from both
chambers. Many CMOs are bipartisan, having both Republican and
Democratic members. A number of CMOs have been organized
around State or regional issues and around subjects concerned with
fostering legislative attention to particular policy topics. CMOs do
not receive separate offices or facilities; instead, they work out of
individual Representatives’ or Senators’ offices, using the staff and
facilities provided to Members of Congress who are active in a par-
ticular group.
38. Do Members of the House have individual seats on the
Chamber floor?
Representatives had individual seats until the 63rd Congress
(1913), but now Members may sit where they choose. Democrats oc-
cupy the east side of the Chamber, on the Speaker’s right; Repub-
licans sit across the main aisle, on the Speaker’s left. Two tables
each on the Democratic and Republican sides of the aisle are re-
served for committee leaders during debate on a bill reported from
their committee and for party leaders.
39. Do Senators have individual seats assigned them?
Yes. The individual seats in the Senate are numbered and as-
signed on request of Senators in order of their seniority. Democrats
occupy the west side of the Chamber on the Vice President’s right;
Republicans sit across the main aisle to the Vice President’s left.
There is no set rule for seating of ‘‘Independents.’’ By custom, the
Majority and Minority Leaders occupy the front row seats on either
side of the aisle, and the Majority and Minority Whips occupy the
seats immediately next to their party’s leader.
40. Do the terms ‘‘senior Senator’’ and ‘‘junior Senator’’
apply to age or service?
The words ‘‘senior’’ or ‘‘junior’’ as applied to the two Senators
from a State refer to their length of continuous service in the Sen-
ate, and not to their ages. Thus, a senior Senator may be younger
in age than the junior Senator from the same State.
41. What provisions are made for offices for Members and
committees of the Congress?
The Capitol Hill office complex includes offices for House and
Senate leaders and officers and for certain committees in the Cap-
itol building itself, plus five House office buildings and three Sen-
ate office buildings, plus additional rented space in commercial of-
fice buildings near Union Station, north of the Capitol.
The three main House office buildings are located on Independ-
ence Avenue, south of the Capitol. Proceeding from east to west,
the three buildings are the Cannon House Office Building, com-
pleted in 1908; the Longworth House Office Building, completed in
1933; and the Rayburn House Office Building, completed in 1965.
The buildings are named for the Speakers of the House at the time
the construction of the buildings was authorized. In these buildings
are located the personal offices of each Member of the House, as
well as the offices of House standing committees. Two additional
buildings were purchased in 1957 and 1975 for use by the House
for additional office space. The first building, on C Street behind
the Cannon Office Building, was renamed the Thomas P. O’Neill
House Office Building in 1990 and demolished in 2002. In addition
to space for House committee and subcommittee staff, the building
is now also the site of the House Page School Dormitory. The sec-
ond building, on D Street SW, was renamed in 1990 the Gerald R.
Ford House Office Building. Before becoming Vice President and
President, Mr. Ford was House Republican Leader from 1965–73.
He is the first person not to have been Speaker to have a House
office building named after him.
The Senate office buildings are located on Constitution Avenue,
northeast of the Capitol. The buildings were completed in 1909,
1958, and 1982, and are named in honor of influential 20th century
Senators: Richard B. Russell (D., GA), Everett M. Dirksen (R., IL),
and Philip A. Hart (D., MI), respectively.
In addition to office space in Washington, DC, Representatives
and Senators are entitled to rent office space in their districts or
States.
42. What organizations are included in the legislative
branch?
In addition to Congress—the House of Representatives and the
Senate—the legislative branch includes the Architect of the Cap-
itol, the Government Printing Office (GPO), the Library of Con-
gress, and the legislative support agencies. The Architect’s prin-
cipal duties involve the construction, maintenance, and renovation
of the Capitol Building as well as the congressional office buildings
and other structures in the Capitol complex such as the Library of
Congress buildings. GPO publishes the Congressional Record, con-
gressional committee hearings and reports, and other congressional
documents, as well as many executive branch publications. The Li-
brary of Congress, in addition to providing library services, re-
search, and analysis to Congress, is also the national library. It
houses premier national book, map, and manuscript collections in
the United States; serves a major role assisting local libraries in
book cataloging and other services; and supervises the implementa-
tion of U.S. copyright laws.
Three support agencies are also part of the legislative branch.
The Congressional Budget Office, the Congressional Research Serv-
ice in the Library of Congress, and the General Accounting Office
directly assist Congress in the performance of its duties. On occa-
sion, temporary advisory commissions are established and funded
in the legislative branch.
43. What are the functions of the congressional support
agencies that are funded in the legislative appropria-
tions acts?
Legislative support agencies funded in the legislative appropria-
tions act include the Congressional Budget Office (CBO), the Con-
gressional Research Service (CRS) of the Library of Congress, and
the General Accounting Office (GAO). CBO assists the House and
Senate Budget Committees in evaluating the spending and revenue
priorities of Congress and aids all congressional committees in esti-
mating the cost of proposed legislation. CRS provides reference, re-
search, and analytical assistance to committees, Members, and
staff of Congress on current and anticipated policy issues. GAO pri-
marily studies and reports to Congress on the economy and effi-
ciency of Government programs, operations, and expenditures.
44. What services are officially available to Members and to
committees to assist them in the performance of their
legislative duties?
Research assistance is available both from congressional staff
and from legislative branch agencies created to assist Members,
committees, and their staffs.
Senators and Representatives are allocated funds to hire per-
sonal staff to assist them in performance of their legislative and
constituent work. Committees are provided with staff assistance,
subject to House or Senate approval of operating funds for each
committee. Committees may also be given authority to hire tem-
porary consultants (in addition to their full-time staff) or to accept
assistance from staff of other government agencies loaned to the
committees.
Each Chamber has an Office of Legislative Counsel to assist indi-
vidual Members, committees, and staff in the drafting of legislation
or in drafting amendments to bills, and both Houses maintain leg-
islative libraries. Finally, each House has technical staff charged
with providing computer services and automated systems services.
Additional support is provided by legislative branch agencies.
The Congressional Research Service of the Library of Congress pro-
vides both committees and individual Members with information,
research, and analysis on a wide range of subjects. The General Ac-
counting Office assists committees and Members in fulfilling over-
sight and program evaluation responsibilities. The Congressional
Budget Office provides specialized fiscal and budgetary analysis
and cost estimates of Government agencies, programs, and oper-
ations.
45. Are there opportunities in the Congress to work as a vol-
unteer, intern, or fellow?
Every year, large numbers of college students and other people
work for Members of Congress as volunteers, as interns, or as fel-
lows. Many colleges and universities award academic credit for con-
gressional work, and a number of national professional associations
sponsor a competitive, midcareer congressional fellowship appoint-
ment for interested organization members. The executive branch
sponsors a Legis Fellows program, for midcareer Federal executives
who wish to learn more about congressional operations. The officers
of the House and Senate, along with several of the congressional
support agencies, sponsor orientation programs for these congres-
sional interns and fellows to acquaint them with congressional op-
erations and with public policy research techniques.
46. Who are congressional pages? What are their duties and
responsibilities? What facilities does Congress provide
for them?
Congressional pages are boys and girls who are in their third
year of high school, and assist members on the floor of the Cham-
ber.
The page program in the House is supervised by the House Page
Board and administered by the House Clerk. In the Senate, the
party secretaries and the Sergeant at Arms have responsibility for
the administration of the program.
The House and Senate each have schools for educating their
pages. The House school is located in the Library of Congress and
the Senate school is in the lower level of the Webster Residence
Hall. The college preparatory curriculum includes additional pro-
grams, trips, and resources using facilities in Washington, DC.
Typically, the page schools meet during the mornings so that pages
will be available for work during Chamber sessions later in the
day.
CONGRESSIONAL PROCESS AND POWERS
47. Why must tax bills originate in the House?
The constitutional provision that ‘‘all Bills for raising Revenue
shall originate in the House of Representatives’’ (Article I, Section
7) is an adaptation of an earlier English practice. It was based on
the principle that the national purse strings should be controlled
by a body directly responsible to the people. So when the Constitu-
tion was formulated, the authority for initiation of revenue legisla-
tion was vested in the House of Representatives where the Mem-
bers are subject to direct election every two years. However, the
Constitution also guarantees the Senate’s power to ‘‘propose or con-
cur with Amendments as on other Bills.’’
48. Must all appropriation measures originate in the House?
Although the Constitution clearly delegates sole authority to
originate tax measures to the House of Representatives, it makes
no clear statement regarding the authority to originate appropria-
tion measures. Despite occasional disputes between the House and
Senate over such authority, the House customarily originates gen-
eral appropriation bills. The Senate from time to time initiates spe-
cial appropriation measures that provide funds for a single agency
or purpose.
49. What is the difference between an authorization and an
appropriation?
Authorizations and appropriations are separate and distinct
parts of the Federal budget process. Authorizations are measures
which establish Federal policies and programs, and may also make
recommendations concerning the proper spending level for a pro-
gram or agency. Those recommendations are acted upon in the
form of appropriations, which provide specific dollar amounts for
agencies, programs, and operations. If an authorization specifies a
spending level or upper limit, this amount acts as the maximum
that an appropriation can provide. The rules of both the House and
the Senate prohibit unauthorized appropriations, but both Cham-
bers have developed practices to avoid the operation of these rules
if it is the desire of the Chamber to do so.
50. What are the different types of appropriation measures?
Appropriations are provided in three different types of appropria-
tion measures. Regular appropriation bills are a series of measures
that together fund many Federal operations and programs for a fis-
cal year (October 1–September 30). Each of the 13 subcommittees
of the House and Senate Appropriations Committees manages one
regular appropriation bill. A supplemental appropriation bill is a
measure which provides funds if a need develops that is too urgent
to be postponed until the next fiscal year. Finally, a continuing res-
olution is a measure that provides stop-gap funding if Congress is
unable to complete action on one or more regular appropriation
bills before the beginning of a fiscal year.
All regular appropriation bills as well as supplemental appro-
priation bills that fund more than a single agency or purpose are
also referred to as general appropriation bills.
51. What is the congressional budget process?
The congressional budget process, established by the Congres-
sional Budget and Impoundment Control Act of 1974, is the means
by which Congress develops and enforces an overall budgetary
plan, including levels for total revenues, total spending, and a sur-
plus or deficit. This blueprint for all Federal spending is estab-
lished in the form of a concurrent resolution on the budget. Spend-
ing authority is then allocated to congressional committees pursu-
ant to this resolution. The rules of both the House and Senate pro-
hibit spending measures in excess of these allocations. Any changes
in existing law that are necessary to achieve these targets can be
enacted in the form of a reconciliation bill.
52. What is sequestration?
Sequestration is an across-the-board cut in Federal spending pur-
suant to a Presidential order. A sequestration order can only be
issued if Congress fails to meet a budgetary requirement, such as
a deficit target or a spending limit. Sequestration was first estab-
lished in 1985 by the Balanced Budget and Emergency Deficit Re-
duction Act, also known as the Gramm-Rudman-Hollings Act.
53. What are the powers of Congress as provided in the Con-
stitution?
The Constitution (Article 1, Section 8) empowers Congress to levy
taxes, collect revenue, pay debts, and provide for the general wel-
fare; borrow money; regulate interstate and foreign commerce; es-
tablish uniform rules of naturalization and bankruptcy; coin money
and regulate its value; punish counterfeiters; establish a postal sys-
tem; enact patent and copyright laws; establish Federal courts infe-
rior to the Supreme Court; declare war; provide for the armed
forces; impeach and try Federal officers (Sections 2 and 3); and
have exclusive legislative power over the District of Columbia. In
Article II, Section 2, the Senate is given the power to consent to
the ratification of treaties and confirm the nomination of public of-
ficials. Congress is also given the power to enact such laws as may
be ‘‘necessary and proper’’ to implement its mandate in Article I.
The power to enact laws is also contained in certain amendments
to the Constitution.
54. What is the confirmation power of the Senate?
Under Article II of the Constitution, the President appoints, by
and with the advice and consent of the Senate, ambassadors, other
public ministers and consuls, Justices of the Supreme Court and
Federal judges, and other Federal officers whose appointments are
established by law, including the heads of executive branch depart-
ments and agencies and independent regulatory commissions. This
means that, while the President nominates the individuals of these
important positions in the Federal Government, the Senate must
confirm them before they take office. The Senate confirmation proc-
ess can involve a background check of the nominee, often using in-
formation supplied by the Federal Bureau of Investigation; meet-
ings between the nominee and individual Senators; hearings and a
vote on the nomination by the committee with jurisdiction over the
office; and debate and a vote in the full Senate, where a majority
is necessary to confirm an appointment.
55. What is the role of Congress in the impeachment proc-
ess?
Impeachment is the process by which the President, Vice Presi-
dent, Federal judges and Justices, and all civil officials of the
United States may be removed from office. The President and other
civil officials may be impeached and convicted for ‘‘Treason, Brib-
ery, and other high Crimes and Misdemeanors.’’
The House of Representatives has the sole authority to bring
charges of impeachment, by a simple majority vote, and the Senate
has the sole authority to try impeachment charges. An official may
be removed from office only upon conviction, which requires a two-
thirds affirmative vote of the Senate. The Constitution provides
that the Chief Justice shall preside when the President is being
tried for impeachment.
56. Who controls use of the armed forces?
The Constitution (Article II, Section 2) states that the President
is the Commander in Chief of the Army, Navy, and, when it is
called into Federal service, State Militias (now called the National
Guard). Historically, Presidents have used this authority to commit
U.S. troops without a formal declaration of war. However, the Con-
stitution reserves to Congress (Article I, Section 8) the power to
raise and support the armed forces as well as the sole authority to
declare war. These competing powers have been the source of con-
troversy between the legislative and executive branches over war
making. In 1973, Congress enacted the War Powers Resolution,
which limits the President’s authority to use the armed forces with-
out specific congressional authorization, in an attempt to increase
and clarify Congress’s control over the use of the military. But the
resolution has proven controversial, its operations has raised ques-
tions in Congress and the executive branch.
In addition, the armed forces operate under the doctrine of civil-
ian control, which means that only the President or statutory depu-
ties can order the use of force. The chain of command is structured
to insure that the military cannot undertake actions without civil-
ian approval or knowledge.
57. What is the procedure to commit the country’s military
force to war?
The Constitution gives to Congress the authority to declare war;
this has occurred on only five occasions since 1789, the most recent
being World War II. But the President, as Commander in Chief,
has implied powers to commit the Nation’s military forces, which
has occurred on more than 200 occasions in U.S. history. Moreover,
Congress may authorize the use of the military in specific cases
through public law.
The War Powers Resolution, enacted on November 7, 1973, as
Public Law 93–148, also tried to clarify these respective roles of the
President and Congress in cases involving the use of armed forces
without a declaration of war. The President is expected to consult
with Congress before using the armed forces ‘‘in every possible in-
stance,’’ and is required to report to Congress within 48 hours of
introducing troops. Use of the armed forces is to be terminated
within 60 days, with a possible 30–day extension by the President,
unless Congress acts during that time to declare war, enacts a spe-
cific authorization for use of the armed forces, extends the 60–90
day period, or is physically unable to meet as a result of an attack
on the United States.
CONGRESSIONAL RULES AND PROCEDURES
58. How are the rules of procedure in Congress determined?
The Constitution (Article I, Section 5) provides that each House
‘‘determine the Rules of its Proceedings.’’ These resulting rules and
procedures are spelled out in detailed procedural manuals for each
Chamber.
59. What are the functions of the House Rules Committee?
The House Rules Committee makes recommendations to the
House on possible changes to the standing rules of the House, as
well as the order of business on the House floor. The committee af-
fects the order of business by reporting resolutions that make it
possible for the House to begin acting on a bill that is on the House
or Union Calendar. These resolutions are known as special rules or
simply as ‘‘rules.’’ Each special rule may also propose a set of
ground rules for debating and amending a particular bill that is
different from the normal rules for considering legislation. For ex-
ample, a special rule may impose limitations on the amendments
that Members can propose to a bill, or it may allow an amendment
to be offered, even though it violates a standing rule of the House.
The House as a whole decides by majority vote whether to accept,
reject, or modify each special rule that the Rules Committee pro-
poses.
The Senate Committee on Rules and Administration also con-
siders possible changes to the standing rules of the Senate, but it
has no role in determining the order of business on the Senate
floor. In addition, the Senate committee reports resolutions to fund
the work of all the Senate committees. In the House, this responsi-
bility belongs to the Committee on House Administration.
60. What is a quorum of the House and of the Senate?
In the House of Representatives, a quorum is a simple majority
of the Members. When there are no vacancies in the membership,
a quorum is 218. When one or more seats are vacant, because of
deaths or resignations, the quorum is reduced accordingly. Because
of Members’ other duties, a quorum often is not actually present
on the House floor. If a Member makes a point of order that a
quorum is not present, and the Speaker agrees, a series of bells
ring on the House side of the Capitol and in the House office build-
ings to alert Members to come to the Chamber and record their
presence.
A majority of the membership, or 51, constitutes a quorum to do
business in the Senate.
61. What is the Committee of the Whole?
The Committee of the Whole House on the State of the Union (or
Committee of the Whole) is a hybrid form of the House itself. Tech-
nically, it is a committee of the House on which all Representatives
serve and that meets in the House Chamber. However, it is gov-
erned by different rules of procedure than the House meeting as
itself. The concept of the ‘‘grand committee’’ has been carefully de-
veloped from the early days of the House and in modern practice
gives the House a more expeditious means for considering the com-
plex and often controversial legislation referred to it. Historically,
it was devised by the English House of Commons to give them the
ability to debate privately and not have their votes committed to
record. The Committee of the Whole in the U.S. House permitted
recorded votes beginning in January 1971.
The House resolves itself into a new Committee of the Whole for
the consideration of each bill. A specific Committee of the Whole
is dissolved when it ‘‘rises and reports with a recommendation,’’ to
the House. When the Committee rises after not having resolved the
matter committed to it, that bill is carried on the calendar as ‘‘un-
finished business of the Committee of the Whole’’ until consider-
ation has been finally completed.
When a bill or resolution is considered in Committee of the
Whole, there first is a period of time, usually one hour, for general
debate on the merits of the bill or resolution. If enforced, a quorum
in the Committee is 100 Members (whereas 218 are required in the
House). After general debate, Members may offer amendments,
with each speech for or against an amendment being limited to five
minutes. If a recorded vote is desired on any amendment, the call
for the vote must be seconded by 25 Members (whereas 44 or more
are required in the House). When the amending process is com-
pleted, the Committee of the Whole ‘‘rises,’’ and reports its actions
to the House through the Speaker. The House then votes on wheth-
er or not to adopt the amendments recommended by the Committee
of the Whole, and then votes on final passage of the measure, as
amended.
The Senate ceased using the Committee of the Whole as a par-
liamentary forum for debate in 1986.
62. What are the duties of the Parliamentarians?
The House and the Senate each has a Parliamentarian to assist
the Presiding Officer in making correct parliamentary decisions, to
keep a record of procedures and precedents, and to refer bills to the
correct committees of jurisdiction. These officials must be so well
versed in the rules and practices of the Chamber that the Presiding
Officer can be given guidance and advice on a moment’s notice.
63. When Congress is in session, at what hour do the two
Houses meet?
The time of meeting is fixed by each Chamber. However, the
time at which House and Senate meetings begin or end is often
changed from day to day, depending on the work that must be
done.
64. What are the customary proceedings when the House of
Representatives meets?
The Speaker calls the House to order, and the Sergeant at Arms
places the Mace (an ancient symbol of authority) on the pedestal
at the right of the Speaker’s platform. After the Chaplain offers a
prayer, the Speaker recognizes a Member to lead the House in the
Pledge of Allegiance. Then the Journal of the previous day’s activi-
ties is approved, usually without being read. Next, the Speaker
may recognize a few Members to speak briefly on matters of impor-
tance to them, for no longer than one minute each. The House then
is ready to begin or resume consideration of a bill, resolution, or
conference report.
65. What are the customary proceedings when the Senate
meets?
The initial proceedings of the Senate are similar. The Senate is
called to order by the Vice President, the President pro tempore,
or another Senator serving as acting President pro tempore. After
a prayer, the pledge of allegiance and the approval of the Journal,
the Majority and Minority Leaders are recognized in turn for brief
periods to speak or to transact routine business. Other Senators
then may speak, on matters of interest to them, for no longer than
five minutes each. If the Senate had adjourned at the end of its
previous meeting, a two-hour period, known as the ‘‘morning hour’’
is held, for disposing of routine and noncontroversial matters. If
the Senate had recessed instead, which is the usual practice, there
is no ‘‘morning hour’’ and the Senate proceeds instead to consider
matters of legislative or executive business under its normal rules
of procedure.
66. What business can be transacted by unanimous consent?
Almost anything can be done in either House by unanimous con-
sent, except where the Constitution or the rules of that Chamber
specifically prohibit the Presiding Officer from entertaining such a
request. For example, since the Constitution requires that a rollcall
vote be taken to pass a bill over a Presidential veto, the Presiding
Officer of the House or the Senate cannot entertain a unanimous
consent request to waive this requirement. In the House of Rep-
resentatives, unanimous consent requests to admit to the Chamber
persons who are not permitted to be present under its rules, or to
introduce visitors in the galleries to the House, are not in order.
67. How are record votes taken in Congress?
Most votes are taken by a simple voice method, in which the yeas
and nays are called out, respectively, and the judgment of the chair
as to which are greater in number determines the vote. If a re-
corded vote is desired, a sufficient second must support it. The
Constitution simply provides that ‘‘the Yeas and Nays of the Mem-
bers of either House on any question shall at the Desire of one-fifth
of those present, be entered on the Journal.’’ A sufficient second in
the Committee of the Whole is 25. Since 1973, the House has used
an electronic voting system to reduce the time consumed in voting.
The Senate continues to use an oral call of the roll. Each Chamber
permits a minimum of 15 minutes to complete a vote, though time
for each vote may be reduced if several votes are conducted sequen-
tially.
68. Are there time limitations on debate in Congress?
Yes. In the House, no matter is subject to more than one hour
of debate, usually equally divided between the majority and the mi-
nority, without unanimous consent. Moreover, the majority can call
for the ‘‘previous question,’’ and bring the pending matter to an im-
mediate vote. Nonlegislative debate is limited to one minute per
Member at the beginning of the day and up to one hour per Mem-
ber at the end of the day. In the Committee of the Whole, the pe-
riod of time spent in general debate is determined and apportioned
in advance. Amendments are subject to the five-minute per side
rule, but can extend beyond 10 minutes of debate per amendment
when unanimous consent is granted or when ‘‘pro forma’’ amend-
ments are offered to gain additional time on the pending amend-
ment. A nondebatable motion to close debate is in order to end de-
bate on any specific amendment and bring it to a vote.
In the Senate, debate is normally without restriction, unless time
limits are agreed to by unanimous consent. The ability to extend
debate at will, to ‘‘filibuster,’’ enables a Senator to delay the final
vote on a measure, or even to prevent it altogether. Filibusters can
be broken only by negotiation or through the use of a formal proce-
dure known as ‘‘cloture.’’ A successful cloture motion requires at
least a 3⁄5 vote, or 60 Senators. If cloture is invoked, the filibuster
comes to a gradual end. Thirty hours of further debate are per-
mitted in the post-cloture period prior to the vote on final passage.
However, Senators do not usually extend debate after a successful
cloture vote.
69. How do Members obtain permission to speak?
In the House, Members stand, address the Presiding Officer and
do not proceed until recognized to speak. The Presiding Officer (the
Speaker in the House or the Chairman in the Committee of the
Whole) has the authority to ask Members for what purpose they
seek recognition. The Presiding Officer may then recognize or not
recognize a Member, depending upon the purpose for which rec-
ognition was requested.
In the Senate, Senators must also stand, address the Presiding
Officer (the Vice President, the President pro tempore, or the act-
ing President pro tempore), and may not proceed until one of them
is recognized to speak. However, the rules of the Senate require the
Presiding Officer to recognize the first Senator to address the chair.
The Presiding Officer does not have discretionary recognition au-
thority. However, in the tradition of the Senate, the Majority Lead-
er and Minority Leader are given preferential recognition over any
other Senator.
70. How do Members of Congress introduce bills?
A bill that is to be introduced is typed on a special House or Sen-
ate form and signed by the Representative or Senator who will in-
troduce it. In the House, a Representative may introduce a bill any
time the House is in session by placing it in a special box known
as the ‘‘hopper,’’ which is located on the Clerk’s desk in the House
Chamber. A Senator introduces a bill by delivering it to a clerk on
the Senate floor while the Senate is in session, although it is for-
mally accepted only during a period of time set aside in the Senate
for the transacting of routine morning business.
71. When does a bill, introduced at the beginning of a Con-
gress, become ‘‘dead’’ and no longer open to consider-
ations?
A bill may be introduced at any point during a two-year Con-
gress, and remains eligible for consideration throughout the dura-
tion of that Congress until the Congress ends or adjourns sine die.
72. What are the stages of a bill in Congress?
Following is a brief description of the usual stages by which a
bill becomes law. (A graphic follows this explanation that illus-
trates these stages, How a Bill Becomes a Law.)
(1) Introduction by a Member, who places it in the ‘‘hopper,’’
a box on the Clerk’s desk in the House Chamber; the bill is
given a number and printed by the Government Printing Office
so that copies are available the next morning.
(2) Referral to one or more standing committees of the House
by the Speaker, at the advice of the Parliamentarian.
(3) Report from the committee or committees, after public
hearings and ‘‘markup’’ meetings by subcommittee, committee,
or both.
(4) House approval of a special rule, reported by the House
Rules Committee, making it in order for the House to consider
the bill, and setting the terms for its debate and amendment.
(5) Consideration of the bill in Committee of the Whole, in
two stages: first, a time for general debate on the bill; and sec-
ond, a time for amending the bill, one part at a time, under
a rule that limits speeches on amendments to five minutes
each.
(6) Passage by the House after votes to confirm the amend-
ments that were adopted in Committee of the Whole.
(7) Transmittal to the Senate, by message.
(8) Consideration and passage by the Senate—usually after
referral to and reporting from a Senate committee—and after
debate and amendment on the Senate floor.
(9) Transmission from the Senate back to the House, with or
without Senate amendments to the bill.
(10) Resolution of differences between the House and the
Senate, either through additional amendments between the
Houses, or the report of a conference committee.
(11) Enrollment on parchment paper and then signing by the
Speaker and by the President of the Senate.
(12) Transmittal to the President of the United States.
(13) Approval or disapproval by the President; if the Presi-
dent disapproves, the bill will be returned with a veto message
that explains reasons for the disapproval. A two-thirds vote in
each chamber is needed to override a veto.
(14) Filing with the Archivist of the United States as a new
public law after approval of the President, or after passage by
Congress overriding a veto.
Bills may be introduced in the Senate, and they follow essentially
the same course of passage as bills first introduced and considered
in the House of Representatives. (See questions above, however, on
the House originating tax and appropriations bills.)
73. What courses are open to the President when a bill is
presented to him?
The President has three choices: First, to sign a bill within 10
days (Sundays excepted), whereupon it becomes a law. Second, the
President may veto the bill, i.e., return it to Congress (stating ob-
jections) without a signature of approval. In this case, Congress
may override the veto with a two-thirds vote in each House. The
bill would then become a law despite the President’s veto. The
House and Senate are not required to attempt veto overrides.
Third, the President may hold the bill without taking any action.
Two different developments may occur in this situation depending
upon whether Congress is in session. If Congress is in session, the
bill becomes law after the expiration of 10 days (excluding Sun-
days), even without the President’s signature. If Congress has ad-
journed at the end of a Congress the bill does not become law; this
is called a ‘‘pocket veto’’.
74. What happens to a bill after it becomes law?
The provisions of a law take effect immediately unless the law
itself provides for another date. The law may also specify which ex-
ecutive departments, agencies, or officers are empowered to carry
out or enforce the law.
The actual written document is sent to the National Archives
and Records Administration, an independent agency of the Govern-
ment, where it is given a number. It is then published in individual
form as a ‘‘slip law.’’ At the end of each session of Congress, these
new laws are consolidated in a bound volume called U.S. Statutes
at Large. In addition, all permanent, general laws currently in
force are included in the Code of Laws of the United States of
America, commonly called the U.S. Code. The Office of Law Revi-
sion Counsel, part of the institutional structure of the House of
Representatives, is responsible for preparing and issuing annual
supplements to keep the Code up-to-date.
75. Are the proceedings of Congress published and pre-
served?
Each House, by constitutional requirement, keeps a Journal of its
proceedings. The Senate maintains and publishes a legislative jour-
nal and an executive journal. The latter contains proceedings re-
lated to the Senate’s responsibilities for approving treaties and
nominations. When the Senate sits as a court of impeachment, it
keeps a separate journal of its proceedings. The executive journal
is published annually.
The Journals do not report debates; they only report the bare
parliamentary proceedings of each Chamber. In addition, the
House Journal contains minimal information about actions taken
by the House when meeting as a Committee of the Whole, because
any action taken there is not official unless and until it is ratified
by the full House.
For a public record of the debates, there have been a succession
of reports, overlapping in part, as follows: Annals of Congress
(1789–1824), Register of Debates (1824–37), Congressional Globe
(1833–73), and finally and currently the Congressional Record
(1873 to the present).
The Congressional Record contains a stenographic record of ev-
erything said on the floor of both Houses, including rollcall votes
on all questions. Members are permitted to edit and revise the
transcripts of their spoken remarks. An appendix contains material
not spoken on the floor but inserted by permission—the so-called
‘‘extensions of remarks.’’ It also carries a brief resume of the con-
gressional activities of the previous day, as well as a future legisla-
tive program and a list of scheduled committee hearings.
Since 1979 in the House and 1986 in the Senate, floor sessions
have been televised. Videotape copies of House and Senate Cham-
ber activities are preserved and available for research use at the
Library of Congress and at the National Archives.
76. What are joint sessions and joint meetings?
Congress holds joint sessions to receive addresses from the Presi-
dent (e.g., State of the Union and other addresses) and to count
electoral ballots for President and Vice President. Congress also
holds joint meetings to receive addresses from such dignitaries as
foreign heads of state or heads of governments or from distin-
guished American citizens.
Of the two types of gatherings, the joint session is the more for-
mal and typically occurs upon adoption of a concurrent resolution
passed by both Houses of Congress. The joint meeting, however,
typically occurs when each of the two Houses adopts a unanimous
consent agreement to recess to meet with the other legislative
body. Since 1809, the prevailing practice has been to hold joint ses-
sions and joint meetings in the Hall of the House of Representa-
tives, the larger of the two Chambers.
Except for the first inauguration in 1789, in which the Congress
convened in joint session to inaugurate President George Wash-
ington, these special occasions have occurred outside of the regular
legislative calendars. Occasionally one chamber will convene a leg-
islative session prior to attending the ceremony, but unless both do
so and subsequently adjourn to attend the ceremony, the inaugura-
tion is not a joint session.
77. May the Secretary of State or any other Cabinet officer
appear on the floor of either House to answer questions?
No. Cabinet officers frequently testify before House and Senate
committees and subcommittees, but they may not appear on the
floor of either Chamber to respond publicly to Members’ questions.
There have been proposals to permit such a ‘‘question period’’ by
amending congressional rules, but they have not been approved.
78. Are visitors allowed to listen to the proceedings of Con-
gress?
Visitors are allowed to listen to and watch the proceedings of the
House and Senate from visitors’ galleries in each House. Tour
guides bring groups of visitors briefly into the House and Senate
galleries. Visitors who wish to observe House and Senate floor ses-
sions for longer periods of time without interruption must obtain
gallery passes, available without prior notice in the offices of their
Senator or Representative.
All visitors must abide by certain rules and maintain proper de-
corum. They are not allowed to take radios, cameras, or umbrellas
into either Chamber and they may not read, write, or take notes
while inside. Visitors in the galleries are subject to control and su-
pervision by the Presiding Officers of the House and Senate as well
as doorkeepers stationed beside each entrance to the galleries. Un-
less there is a rare closed meeting of either House, visitors are al-
lowed whenever Congress is in session.
Most committee hearings and meetings are also open to the pub-
lic. Committees generally meet in rooms set aside for their use in
the congressional office buildings and no visitors’ passes are re-
quired, although audience space may be limited to accommodate
congressional staff, executive branch officials, and journalists.
Under certain circumstances specified in House and Senate Rules,
committees may vote to close hearings or meetings to the public.
Special space is available in the galleries for accredited journal-
ists, who are not subject to the prohibition on writing and taking
notes. Since 1979, proceedings of the House have been accessible
to the news media for television or radio broadcast. Senate sessions
have been available for television and radio broadcast since 1986.
Any committee hearing or meeting open to the public can also be
broadcast on radio or television, subject to administrative control
by the individual committee.
THE COMMITTEE SYSTEM
79. Has Congress ever altered its committee organization?
Congressional organization and procedure have changed consid-
erably over Congress’s 200-year history in response to new needs
and circumstances.
With respect to the committee system, for example, in the early
years of the Republic, Congress relied on temporary, ad hoc com-
mittees to process legislation the full Chambers had considered. A
system of permanent standing committees developed in the first
half of the 19th century, when committees acquired many modern-
day powers, such as the power to hold legislation they do not rec-
ommend for full Chamber action. Throughout the 19th century, so
many committees were created to deal with emerging national
issues that, by the 20th century, the system had become unwieldy.
Early 20th century action by the Chambers abolished and consoli-
dated panels to streamline decision making.
Major reorganization of the committee system was also achieved
by the Legislative Reorganization Act of 1946. It established stand-
ardized committee procedures in many areas, abolished and
merged committees to form integrated panels with broad jurisdic-
tions, and gave each standing committee a permanent complement
of staff. The act also revamped other areas of congressional proce-
dure. For example, it established the first comprehensive laws to
regulate the lobbying of Congress, which have since been amended.
A similar 1970 Reorganization Act revised committee and other
procedures, including strengthening Congress’s fiscal controls. A
1974 House committee reform measure refined committees’ juris-
dictions, amended committee procedures, and expanded Congress’s
oversight of the executive branch. A 1977 Senate committee reform
measure realigned and consolidated jurisdictions, revised and ex-
panded Senators’ service limitations on committees, and amended
procedures for hiring staff and referring legislation, among other
things. In 1993, another reform review was initiated by the Joint
Committee on the Organization of Congress.
80. What is a conference committee?
From the earliest days, differences on legislation between the
House and Senate have been committed to conference committees
to work out a settlement. The most usual case is that in which a
bill passes one Chamber with amendments unacceptable to the
other. In such a case, the Chamber that disagrees to the amend-
ments generally asks for a conference, and the Speaker of the
House and the Presiding Officer of the Senate appoint the ‘‘man-
agers,’’ as the conferees are called. Generally, they are selected
from the committee or committees having charge of the bill. After
attempting to resolve the points in disagreement, the conference
committee issues a report to each Chamber. If the report is accept-
ed by both Chambers, the bill is then enrolled and sent to the
President. If the report is rejected by either Chamber, the matter
in disagreement comes up for disposition anew as if there had been
no conference. Unless all differences between the two Houses are
resolved, the bill fails.
Until 1975, it was customary for conference committees to meet
in executive sessions closed to the public. In that year, both cham-
bers adopted rules to require open conference meetings. Two years
later, the House strengthened its open conference rule. Today, most
conference committee sessions are open to public observation, with
only a few exceptions for national security, or for other reasons.
81. What are congressional standing committees and why
are they necessary?
Standing committees are permanent panels comprised of Mem-
bers of a Chamber. Each panel has jurisdiction over measures and
laws in certain areas of public policy, such as health, education, en-
ergy, the environment, foreign affairs, and agriculture.
Although Congress has used standing committees since its ear-
liest days, it did not predominantly rely on them during its first
quarter century. In these early years, legislative proposals were
considered initially by all Members of one Chamber in plenary ses-
sion; afterwards, each proposal was referred to a temporary, ad hoc
committee responsible for working out a proposal’s details and
making any technical changes. As the amount of legislative pro-
posals increased, especially in certain subject areas, permanent
committees replaced temporary ones for more expeditious screening
and processing of legislation before its consideration by an entire
Chamber.
Each Chamber now has its own standing committees, to allow it
to consider many issues at the same time. Each committee selects,
from the measures it receives each Congress, a relatively small
number that merit committee scrutiny and subsequent consider-
ation by the full Chamber. Because of the small size of commit-
tees—and the often lengthy service of Members on the same
panel—committees provide an effective means of managing
Congress’s enormous workload and gaining expertise over the
range and complexity of subjects with which the Government deals.
82. What are the standing committees of the House?
In 2003, the 19 standing committees were named: Agriculture;
Appropriations; Armed Services; Budget; Education and the Work-
force; Energy and Commerce; Financial Services; Government Re-
form; House Administration; International Relations; Judiciary; Re-
sources; Rules; Science; Small Business; Standards of Official Con-
duct; Transportation and Infrastructure; Veterans’ Affairs; and
Ways and Means.
83. What are the standing committees of the Senate?
In 2003, 16 standing committees were named: Agriculture, Nutri-
tion, and Forestry; Appropriations; Armed Services; Banking,
Housing, and Urban Affairs; Budget; Commerce, Science, and
Transportation; Energy and Natural Resources; Environment and
Public Works; Finance; Foreign Relations; Governmental Affairs;
Health, Education, Labor, and Pensions; Judiciary; Rules and Ad-
ministration; Small Business and Entrepreneurship; and Veterans’
Affairs.
84. How are the members of the standing committees se-
lected?
Before Members are assigned to committees, each committee’s
size and the proportion of Democrats to Republicans must be de-
cided by each Chamber’s party leaders. The total number of com-
mittee slots allotted to each party is approximately the same as the
ratio between majority-party and minority-party Members in the
full Chamber. Members are then assigned to committees in a three-
step process, where the first is the most critical and decisive. Each
of the two principal parties in the House and Senate is responsible
for assigning its Members to committees, and, at the first stage,
each party uses a committee on committees to make the initial rec-
ommendations for assignments. At the beginning of a new Con-
gress, Members express preferences for assignment to the appro-
priate committee on committees; most incumbents prefer to remain
on the same committees so as not to forfeit expertise and com-
mittee seniority. These committees on committees then match pref-
erences with committee slots, following certain guidelines designed
in part to distribute assignments fairly. They then prepare and ap-
prove an assignment slate for each committee, and submit all
slates to the appropriate full-party conference for approval. Ap-
proval at this second stage often is granted easily, but the con-
ferences have procedures for disapproving recommended Members
and nominating others in their stead. Finally, at the third stage,
each committee submits its slate to the pertinent full Chamber for
approval, which is generally granted readily.
85. What constitutes a quorum of a standing committee of
the House and of the Senate?
Each House and Senate committee is authorized to establish its
own quorum requirement for the transaction of business. House
rules specify that House committees shall have at least two mem-
bers present to take testimony or receive evidence and at least one
third of the members present for taking any other action, except re-
porting out a bill to the floor. Senate rules also require at least
one-third of the committee membership present to conduct most
business, but permit committees to lower that quorum requirement
for purposes of taking testimony. However, in both Chambers, a
physical majority of the committee members must be present to re-
port a bill to the floor.
86. What is a select committee?
In the contemporary era, select committees are established by
the House and Senate usually for limited time periods and for
strictly limited purposes. In most cases, they have not been ac-
corded legislative power—the authority to consider and report leg-
islation to the full Chamber. After completing their purpose, such
as an investigation of a Government activity and making a report
thereon, the select committee expires. Recently, however, the
Chambers have permitted select committees to continue to exist
over long periods; some, such as the House and Senate Select Com-
mittees on Intelligence, have been granted legislative authority.
87. What are joint committees and how are they established?
Joint committees are those that have Members chosen from both
the House and Senate, generally with the chairmanship rotating
between the most senior majority-party Senator and Representa-
tive. In general, they do not have legislative power to consider and
report legislation to the full Chambers. These committees can be
created by statute, or by joint or concurrent resolution, although all
existing ones have been established by statute. Congress now has
four permanent or long-term joint committees, the oldest being the
Joint Committee on the Library, which dates from 1800; the other
three are the Joint Economic Committee, Joint Committee on
Printing, and Joint Committee on Taxation. In addition, Congress
sometimes establishes temporary joint committees for particular
purposes, such as the Joint Congressional Committee on Inaugural
Ceremonies, which is formed every four years to handle the organi-
zational and financial responsibilities for the inauguration of the
President and Vice President.
88. Do congressional committees hold hearings on all bills
referred to them?
No. There may also be several bills similar or almost identical in
substance introduced at the same time. In such cases, hearings fre-
quently are held on a group of related measures, or a hearing on
one bill serves for all similar bills. It is not always possible for
Members to have individual hearings on their particular bills be-
fore a committee because of the press of business and the large
number of bills referred to most committees.
89. Does the congressional committee to which a bill is re-
ferred effectively control its disposition?
Committees, for the most part, control whether hearings will be
held on bills referred to them and whether these bills will be re-
ported to the full Chamber for debate. Ordinarily, if a bill is not
reported by a committee, the bill dies because the Chambers usu-
ally defer to the expertise and power of committee members in de-
termining a measure’s fate.
However, both the House and Senate have procedures for allow-
ing measures not reported by a committee to be considered by the
full Chamber. The House has a discharge procedure, usually used
with measures of a controversial character. It is rarely employed
and rarely successful, because it is cumbersome and because Mem-
bers are uncomfortable circumventing committee authority. The
procedure allows a majority of Representatives (218) to sign a peti-
tion to discharge a committee of any bill held there longer than 30
days, at which point the bill is placed on a special calendar and
may be called up by any of the signers on the second or fourth
Monday of any month. Very limited debate is allowed on the ques-
tion of whether to consider a bill on the calendar. But, if the House
agrees by majority to a bill’s consideration, then it is debated under
its general rules.
It is also possible to discharge a Senate committee by motion, but
the procedure is rarely used. Instead, because the Senate does not
generally require amendments to measures to be on the same sub-
ject as the measures, a Senator may offer the text of a measure
buried in committee as an amendment to any measure being de-
bated by the full Senate. This practice is not allowed in the House,
where amendments must be relevant (called ‘‘germane’’) to the
measures they seek to amend.
90. Are committee hearings open to the public?
Hearings by House committees and subcommittees are open to
the public except when a committee, by majority vote while in pub-
lic session, determines otherwise. This occurs, for instance, when
national security matters are considered.
The Legislative Reorganization Act of 1970 permitted, for the
first time, radio and television broadcast of House committee and
subcommittee hearings.
Hearings by Senate committees and subcommittees are also open
to the public. However, Senate committee hearings may be closed
to the public if the committee determines by majority vote in open
session that testimony must be secret for any of several reasons,
including if it relates to national security matters, reflects ad-
versely on the character or reputation of witnesses, or divulges in-
formation which is of a confidential nature.
Hearings of public interest in the Senate have been broadcast for
more than 40 years.
91. What is meant by the ‘‘seniority rule’’?
It had been the custom whereby a member who served longest
on the majority side of a committee became its chairman or if on
the minority, its ranking member. Members were ranked from the
chairman or ranking member down, according to length of service
on the committee.
Modifications—including party practices, term limits on chair-
manships, and limits on the number of committees and subcommit-
tees chaired—have caused the seniority rule to be less rigidly fol-
lowed than previously. Nevertheless, length of service on a com-
mittee remains the predominant criterion for choosing its chairman
and ranking member. In both Chambers, nominees for committee
chairmen are subject to public votes, first in meetings of their party
colleagues (in conference or caucus), then in the full Chamber.
Members who interrupt their service in a Chamber but subse-
quently return to the Congress, start again at the bottom of a com-
mittee list. Returning Members outrank other new Members who
have no prior service. New Members also earn seniority over other
newly elected Members by having prior service in the other legisla-
tive Chamber. In some cases, in which two Members have equal
time in service in a Chamber, prior service as a State Governor or
State legislator also may contribute in the determination of senior-
ity.
THE EXECUTIVE BRANCH
92. How is the executive branch organized?
The Federal executive branch is headed by the President and
consists of various entities and organizations of largely an adminis-
trative, regulatory, or policy-implementing character. Most promi-
nent among these are 15 departments, whose heads comprise the
Cabinet. In addition, there are a number of agencies (such as the
Central Intelligence Agency and Environmental Protection Agency)
plus separate smaller boards, committees, commissions, and offices
created by law or Presidential directive. Immediately assisting the
President are the agencies and entities of the Executive Office of
the President. Additional information on the White House and
Presidential activities is at <www.whitehouse.gov>.
93. What is the Executive Office of the President?
Formally established in 1939, the Executive Office of the Presi-
dent consists of satellite offices and agencies that assist the Presi-
dent in the exercise of various statutory responsibilities. Later, as
conditions merited, such units were abolished or transferred to pro-
gram departments and agencies of the executive branch. (See ac-
companying graphic, White House and Executive Office of the
President.)
WHITE HOUSE AND EXECUTIVE OFFICE OF
THE PRESIDENT
THE PRESIDENT AND VICE PRESIDENT
94. Is the U.S. President comparable to a reigning monarch,
a prime minister, or a premier?
The American President has been compared to an elective mon-
arch, but there are few kings or queens today who exercise the
same degree of authority as does the President of the United
States. The President simultaneously serves to perform functions
that parallel the activities of a king or queen in a monarchy and
the prime minister or premier in a parliamentary democracy.
The President is traditionally accorded the unofficial designation
‘‘Chief of State,’’ a position which most closely parallels that of a
king or queen in a monarchy. As such the President is often recog-
nized as the symbolic embodiment of the United States and its citi-
zens.
The President also performs many of the functions of a prime
minister or premier in a parliamentary democracy. As Chief Execu-
tive, an office held under the Constitution, the President presides
over the Cabinet and has responsibility for the management of the
executive branch. The Constitution also vests the President with
the power to make treaties, and to appoint ambassadors, U.S. offi-
cers, and judges of Federal courts, with the advice and consent of
the Senate. The President also holds the position of Commander in
Chief of the Armed Forces.
Unlike a prime minister, the President is neither a member of
the legislature nor is his tenure in office dependent upon the ap-
proval of a majority of legislators. Elected indirectly by the citizens
through the electoral college, the President serves a definite term
and can only be removed by the process of impeachment. Under the
22nd Amendment, presidential tenure is limited to no more than
two elected four-year terms and a maximum of 10 years under spe-
cial circumstances: i.e., if a twice-elected President serves an addi-
tional two years (or less) of the term of another elected President.
95. How is the President addressed?
Simply as ‘‘Mr. President.’’ A letter sent to the Chief Executive
is addressed ‘‘The President, The White House.’’
One of the earliest congressional debates dealt with the title of
the Chief Executive. A committee of the House of Representatives
suggested the simple title ‘‘The President of the United States.’’
However, the Senate rejected this report in May 1789 at the behest
of Vice President John Adams. Adams believed that ‘‘titles and po-
litically inspired elegance were essential aspects of strong govern-
ment,’’ and supported the title ‘‘His Highness the President of the
United States and protector of their Liberties.’’ George Washington
himself was annoyed by this debate and made known his annoy-
ance at Adams’s attempts to ‘‘bedizen him with a superb but spu-
rious title.’’ The issue was resolved on May 27 when the Senate
agreed that the Chief Executive should have the simple title ‘‘the
President of the United States.’’
96. What are the enumerated or express constitutional pow-
ers of the President?
Article II of the Constitution vests the ‘‘executive power’’ in the
President. There is dispute among scholars as to whether such ex-
ecutive power consists solely of the authorities enumerated for the
President or whether it also includes powers that are implied in
Article II. Most authorities lean toward the latter interpretation.
These powers are those expressly granted to the President within
the text of the Constitution. They are few in number and most are
listed in Article II, sections 2 and 3 of the Constitution. The Presi-
dent is Commander in Chief of the Army, Navy, and Air Force, and
of the State Militias (now called the National Guard) when called
into the service of the United States. The President may require
the written opinion of military executive officers, and is empowered
to grant reprieves and pardons, except in the case of impeachment.
The President receives ambassadors and other public ministers, en-
sures that the laws are faithfully executed, and commissions all of-
ficers of the United States. The President has power, by and with
the advice and consent of the Senate, to make treaties, provided
that two-thirds of the Senators present concur. The President also
nominates and appoints ambassadors, other public ministers and
consuls, Justices of the Supreme Court, Federal judges, and other
Federal officers whose appointments are established by law, by and
with the advice and consent of the Senate. The President has the
power to fill temporarily all vacancies that occur during the recess
of the Senate. Also, the President may, on extraordinary occasions,
convene ‘‘emergency’’ sessions of Congress. Furthermore, if the two
Houses disagree as to the time of adjournment, the President him-
self may adjourn the bodies. In addition to these powers, the Presi-
dent also has enumerated powers that allow him to directly influ-
ence legislation. The Constitution directs the President periodically
to inform Congress on the State of the Union, and to recommend
legislation that is considered necessary and expedient. Also, in Ar-
ticle I, section 7, the Constitution grants the President the author-
ity to veto acts of Congress.
97. What are the implied constitutional powers of the Presi-
dent?
In addition to express powers, the President possesses powers
that are not enumerated within the Constitution’s text. These im-
plied powers have been, and continue to be, a subject of dispute
and debate. The task of attributing implied powers to the President
is complicated by three factors: the importance of the presidency in
the political strategy of the Constitution; the President’s extensive
and vaguely defined authority in international relations; and the
fact that the President is often said to have inherent or residual
powers of authority.
For example, although the Constitution does not grant to the
President express power to remove administrators from their of-
fices, as the chief executive, the President holds power over execu-
tive branch officers, unless such removal power is limited by public
law. The President, however, does not have such implied authority
over officers in independent establishments. When President
Franklin D. Roosevelt removed a member of the Federal Trade
Commission, an independent regulatory agency, and not part of the
executive branch, the Supreme Court, in 1935, ruled the removal
invalid.
Another implied constitutional power is derived from the Presi-
dent’s authority as Commander in Chief. Though the Congress has
the explicit power to declare war, the President not only has the
responsibility to protect the Nation from sudden attack, but also
has initiated military activities abroad without a formal declaration
of war. American Presidents have authorized military force abroad
more than 225 times, but only on five occasions has Congress de-
clared war: The War of 1812, the Mexican War, the Spanish-Amer-
ican War, World War I, and World War II. In recent years, most
notably through the War Powers Resolution of 1973, Congress has
sought to define more clearly the conditions under which Presi-
dents unilaterally can authorize military action abroad.
98. It is constitutionally mandated that the President is
Commander in Chief of the Army and the Navy. What
about the other military services?
Organizationally, the U.S. Marine Corps is a part of the U.S.
Navy, and the military service that is now the U.S. Air Force was
once part of the U.S. Army. These four military services are a part
of the Department of Defense, an executive branch department.
Congress, moreover, has provided that, subject to the direction of
the President and applicable laws, the Secretary of Defense has au-
thority, direction, and control over the Department of Defense and,
thus, over the Armed Forces. During time of war or as directed by
the President, the commissioned corps of the Public Health Service
may be declared to be a military service by Executive order. Like-
wise, the Coast Guard, usually a part of the U.S. Department of
Transportation, operates as part of the U.S. Navy in time of war
or when directed by the President.
99. What is a Presidential veto?
There are two types of vetoes available to the President. One, the
regular veto, is a ‘‘qualified negative veto,’’ which is limited by the
ability of Congress to muster the necessary two-thirds vote of each
House for constitutional override. The other type of veto is not ex-
plicitly designated in the U.S. Constitution but is traditionally
called a ‘‘pocket veto.’’ This veto is actually an ‘‘absolute veto’’ that
cannot be overridden. It becomes effective when the President fails
to sign a bill after Congress has adjourned and is unable to over-
ride the veto.
The President’s veto authority is one of the significant tools in
legislative dealings with Congress. It is not only effective in di-
rectly preventing the passage of legislation undesirable to the
President, but also as a threat, thereby bringing about changes in
the content of legislation long before the bill is ever presented to
the President.
100. Have many bills been vetoed by Presidents?
As of August 31, 2003, U.S. Presidents have vetoed 2,550 bills
presented to them by Congress. Of that total number, 1,484 were
regular vetoes, and 1,066 were pocket vetoes. This may appear to
be a large number of vetoes, but it actually represents about 3 per-
cent of the approximately 93,555 bills presented to U.S. Presidents
since George Washington. (See the accompanying table, Vetoes by
Presidents.)
VETOES BY PRESIDENTS
[Through August 31, 2003]
Vetoes
Regular Pocket Total
President over-
vetoes vetoes vetoes ridden
George Washington ............................................................................... 2 ............ 2 ............

John Adams .......................................................................................... ............ ............ 0 ............
Thomas Jefferson .................................................................................. ............ ............ 0 ............
James Madison ..................................................................................... 5 2 7 ............
James Monroe ....................................................................................... 1 ............ 1 ............
John Quincy Adams .............................................................................. ............ ............ 0 ............
Andrew Jackson .................................................................................... 5 7 12 ............
Martin Van Buren ................................................................................. ............ 1 1 ............
William Henry Harrison ......................................................................... ............ ............ 0 ............
John Tyler .............................................................................................. 6 4 10 1
James K. Polk ....................................................................................... 2 1 3 ............
Zachary Taylor ...................................................................................... ............ ............ 0 ............
Millard Fillmore ..................................................................................... ............ ............ 0 ............
Franklin Pierce ...................................................................................... 9 ............ 9 5
James Buchanan .................................................................................. 4 3 7 ............
Abraham Lincoln ................................................................................... 2 5 7 ............
Andrew Johnson .................................................................................... 21 8 29 15
Ulysses S. Grant ................................................................................... 45 48 93 4
Rutherford B. Hayes ............................................................................. 12 1 13 1
James A. Garfield ................................................................................. ............ ............ 0 ............
Chester A. Arthur .................................................................................. 4 8 12 1
Grover Cleveland (1st term) ................................................................. 304 110 414 2
Benjamin Harrison ................................................................................ 19 25 44 1
Grover Cleveland (2nd term) ................................................................ 42 128 170 5
William McKinley ................................................................................... 6 36 42 ............
Theodore Roosevelt ............................................................................... 42 40 82 1
William H. Taft ..................................................................................... 30 9 39 1
Woodrow Wilson .................................................................................... 33 11 44 6
Warren G. Harding ................................................................................ 5 1 6 ............
Calvin Coolidge ..................................................................................... 20 30 50 4
Herbert C. Hoover ................................................................................. 21 16 37 3
Franklin D. Roosevelt ............................................................................ 372 263 635 9
Harry S Truman .................................................................................... 180 70 250 12
Dwight D. Eisenhower ........................................................................... 73 108 181 2
John F. Kennedy .................................................................................... 12 9 21 ............
Lyndon B. Johnson ................................................................................ 16 14 30 ............
Richard M. Nixon .................................................................................. 26 17 43 7
Gerald R. Ford ...................................................................................... 48 18 66 12
James E. Carter .................................................................................... 13 18 31 2
Ronald W. Reagan ................................................................................ 39 39 78 9
George H.W. Bush ................................................................................. 29 1 15 44 1
William J. Clinton ................................................................................. 36 1 37 2
George W. Bush .................................................................................... 0 0 0 0
Total .................................................................................... 1,484 1,066 2,550 106
1 President
Bush asserted that two bills were not enacted into law under the pocket veto provisions of the Constitution
because Congress was in recess. Congress, however, maintained that these were not vetoes because they required action
within 10 days of receipt by the President; both ultimately were considered to be law. A third bill was asserted by Presi-
dent Bush to be pocket-vetoed during a congressional recess, but he returned a veto message to the originating House
and it was treated as a regular veto. For further explanation, See U.S. Congress, Office of the Secretary of the Senate,
Presidential Vetoes, 1989–1996, S. Pub. 105–22 (Washington: GPO, September 1997), pp. 6, 12.
101. Are acts often passed over the President’s veto?
This occurs very rarely, because pocket vetoes cannot be over-
ridden and regular vetoes require a two-thirds vote in each House
of Congress. As a consequence, regular vetoes have been overridden
by Congress only 106 times in over 200 years. Presidents may also
be anxious about a poor public image resulting from having a veto
overridden by Congress and, depending on the circumstances, may
be hesitant to use it unless reasonably assured of being sustained.
The U.S. President with the highest percentage of veto overrides
was Andrew Johnson (71.4 percent), followed by Presidents Pierce
(55.5 percent), Nixon (26.9 percent), Ford (25.0 percent), Arthur
(25.0 percent), and Reagan (22.9 percent).
102. What important court cases relate to the pocket veto?
In practice, Presidents have found the pocket veto to be a useful
tool and have employed it frequently (42.5 percent of all vetoes),
both because Congress has adjourned and because it precludes a
potential override by Congress. Supporters of congressional prerog-
atives, on the other hand, object to unconstitutional use (in their
view) of the pocket veto, because, as an absolute veto, it diminishes
the capacity of Congress to function as a coequal branch of Govern-
ment in legislative matters.
Attempts in Federal courts to determine the limits of the pocket
veto have satisfied neither the executive nor the legislative branch
of Government. Federal court opinions have sustained the Presi-
dent’s use of the pocket veto at the end of a complete congressional
cycle. What remains in contention, despite various court rulings
and agreements with two administrations, is whether the President
can pocket veto a bill between the first and second sessions of a
Congress or during intrasession adjournments of more than 3 days.
The Supreme Court has ruled in only two cases related to the
pocket veto issue. The Pocket Veto Case, 279 U.S. 644 (1929), is
probably the most famous of the rulings. In this case, the Supreme
Court ruled that the President may pocket veto a measure not only
after the final adjournment of a Congress, but also during the ad-
journment after the first session. According to the Court, the inter-
session adjournment prevented the President (Coolidge) from re-
turning the bill, and the measure did not become law.
The second Supreme Court opinion came in Wright v. United
States, 302 U.S. 583 (1938). The Supreme Court held in Wright
that the bill in question had been properly returned to the Senate
by the President and, in the absence of a congressional vote to
override, it could not become law. In contrast to the views it had
expressed in the Pocket Veto Case, the Wright opinion approved the
President’s return of a vetoed bill to an agent (official of the Sen-
ate) of the originating House, even though that body was not in
session.
Lower court opinions have also affected the use of the pocket
veto. In 1974, the U.S. Court of Appeals for the District of Colum-
bia Circuit extended the decision in Wright by ruling that an
intrasession adjournment of Congress does not prevent the Presi-
dent from returning a bill to Congress so long as appropriate ar-
rangements are made for the receipt of veto message during an ad-
journment, Kennedy v. Sampson, 511 F.2d 430 (D.C. Cir. 1974).
In other litigation, two 1974 pocket vetoes, one by President
Richard Nixon during a 29-day intersession adjournment and one
by President Gerald Ford during a 31-day intrasession adjourn-
ment, were contested in court. These pocket vetoes were invali-
dated when the Justice Department agreed to the summary judg-
ment in Kennedy v. Jones, 412 F. Supp. 353, 356 (D.D.C. 1976).
In Barnes v. Carmen, 582 F. Supp. 163 (D.D.C. 1984), a pocket
veto by President Ronald Reagan between sessions of the 98th Con-
gress was upheld by the district court, following the ruling in the
Pocket Veto Case. In a 2-to-1 decision in Barnes v. Kline, 759 F.2d
21 (D.C. Cir. 1985), the Court of Appeals for the District of Colum-
bia Circuit found that use of the pocket veto during an intersession
adjournment to be unconstitutional, and rested the decision on the
reasoning in Wright and Kennedy v. Sampson. That decision was
vacated as moot by the Supreme Court in Burke v. Barnes, 479
U.S. 361 (1987). The Supreme Court did not reach the pocket veto
issue since the bill in question (H.R. 4042, a bill requiring presi-
dential certification of human rights progress by El Salvador as a
condition of continuing United States aid) had expired by its own
terms shortly after the court of appeals had rendered its decision.
103. What was the line item veto?
The Line Item Veto Act of 1996 gave the President the authority
to cancel certain new spending or entitlement projects, as well as
the authority to cancel certain types of limited, targeted tax breaks.
The President could make these cancellations within five days of
the enactment of a money bill providing for such funds. These line
item vetoes could then be subject to a two-thirds veto override by
each the House and Senate. President Clinton used the line item
veto to make 82 cancellations, and Congress overrode 38 of the can-
cellations, all within a single military construction bill.
In 1998, in Clinton v. City of New York, the Supreme Court held
the line item veto unconstitutional, in violation of the Presentment
Clause, found in Article I, section 7 of the Constitution. The Pre-
sentment Clause requires that every bill that passes the House and
Senate must be presented to the President for either approval or
disapproval. According to Justice John Paul Stevens, writing for
the majority, this clause was violated because the line item veto
authority gave the President a power which was ‘‘the functional
equivalent of partial repeals of acts of Congress,’’ and the Constitu-
tion makes no such provision for this.
104. What is the date for the commencement of a President’s
term and how is it set?
When the Constitution was ratified, Congress was given power
to determine the date for beginning the operations of the new ad-
ministration. Congress set the date of March 4, 1789. Although
George Washington did not take the oath of office until April 30,
1789, his term began March 4. Later, the 20th or so-called ‘‘lame-
duck’’ amendment, ratified in 1933, established January 20 as the
date on which Presidents would be inaugurated. In 1937, President
Franklin D. Roosevelt became the first President to take the oath
on January 20. When inauguration day falls on a Sunday, it is tra-
ditional practice for the President to take the oath privately on
January 20 and to hold the public ceremony the following day.
105. What qualifications are prescribed for the President?
According to Article II, section 1 of the Constitution, that person
must be a natural-born citizen, at least 35 years old, and a resident
of the United States for at least 14 years. The question as to
whether a child born abroad of an American parent is ‘‘a natural-
born citizen,’’ in the sense of this clause, has been frequently de-
bated. While several constitutional scholars have argued that such
a person should qualify as a natural-born citizen, there is no defini-
tive answer.
106. Did any presidential candidate win the popular vote
but lose election in the electoral college?
Yes. In 1876, 1888, and 2000. In 1876, Rutherford B. Hayes, a
Republican, received 4,034,311 popular votes and 185 electoral col-
lege votes, as opposed to Samuel J. Tilden, a Democrat, who won
4,288,546 votes and only 184 electoral college votes. This election
was further complicated by disputes over elections in Florida, Or-
egon, South Carolina, and Louisiana. Congress appointed a com-
mission made up of five Senators, five representatives and five Su-
preme Court Justices to adjudicate the undecided and contested
votes of a deadlocked electoral college. On the basis of the rulings
of the congressional commission, the final electoral votes were 185
votes for Hayes and 184 for Tilden. The final tallies were not de-
cided until March 2, 1877, two days before the inauguration. Nei-
ther candidate knew who would be President as each boarded a
train for Washington the week before the inauguration.
In 1888, Benjamin Harrison, a Republican, was elected President
with 233 electoral votes to Grover Cleveland’s 168 votes, despite
Cleveland’s popular election victory of 5,534,488 votes over Har-
rison’s 5,442,892.
In 2000, George W. Bush, a Republican, was elected President
with 271 electoral votes after receiving 50,465,165 popular votes to
Democrat Albert Gore, Jr.’s 266 electoral votes and 50,996,062 pop-
ular votes.
The post-election period before the electoral college met on De-
cember 18, 2000, was centered on disputes about the popular vote
total in Florida. The U.S. Supreme Court decided in Bush v. Gore
(531 U.S. 98) that the Florida Supreme Court’s order directing a
partial manual recount of the vote for presidential electors violated
the Equal Protection Clause by allowing arbitrary and disparate
treatment of members of the electorate.
107. How often has the election of the President passed to
the House of Representatives?
Two times. In 1800, Thomas Jefferson and Aaron Burr were tied
with 73 electoral votes each. The House voted in favor of Jefferson.
In 1824, Andrew Jackson won about 155,000 popular votes and
99 electoral votes, but he lacked sufficient numbers to gain a clear
majority over John Quincy Adams, who won approximately 105,000
of the popular votes and only 84 electoral votes, and two additional
candidates, William H. Crawford and Henry Clay, who had 78 elec-
toral votes between them. The House voted in favor of John Quincy
Adams.
108. What is the wording of the oath taken by the President?
Who administers it?
The oath of office for the President is prescribed by Article II,
section 1, clause 8 of the Constitution as follows: 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.
Usually, the Chief Justice of the Supreme Court administers the
oath, although there is no provision made for this within the Con-
stitution. In fact, other judges have administered the oath at times
of unexpected presidential succession.
109. What provision is made by the Constitution or by law
for execution of the duties of President in the event of
death, resignation, disability, or removal from office?
The 25th amendment states:
(1) in case of the removal of the President from office or of
his death or resignation, the Vice President becomes President;
(2) when there is a vacancy in the office of Vice President, the
President shall nominate a Vice President who shall take office
upon confirmation by a majority vote of both Houses of Con-
gress;
(3) whenever the President transmits to the President pro
tempore of the Senate and Speaker of the House of Representa-
tives his written declaration that he is unable to discharge the
powers and duties of his office, and until he transmits to them
a written declaration to the contrary, such powers and duties
shall be discharged by the Vice President as Acting President;
(4) whenever the Vice President and a majority of either the
principal officers of the executive departments or of such other
body as Congress may by law provide, transmit to the President
pro tempore of the Senate and Speaker of the House of Rep-
resentatives their written declaration that the President is un-
able to discharge the powers and duties of his office, the Vice
President shall immediately assume the powers and duties of
the office as Acting President.
Thereafter, when the President transmits to the President pro
tempore of the Senate and the Speaker of the House of Rep-
resentatives his written declaration that no inability exists, he
shall resume the powers and duties of his office unless the Vice
President and a majority of either the principal officers of the
executive departments or such other body as Congress may by
law provide, transmit within 4 days to the President pro tem-
pore of the Senate and Speaker of the House of Representatives
their written declaration that the President is unable to dis-
charge the powers and duties of his office. Thereupon Congress
shall decide the issue, assembling within 48 hours for that pur-
pose, if not already in session. If the Congress, within 21 days
after receipt of the latter written declaration, or, if Congress is
required to assemble, determines by two-thirds vote of both
Houses that the President is unable to discharge the powers
and duties of his office, the Vice President shall continue to dis-
charge the same as Acting President; otherwise, the President
shall assume the powers and duties of his office.
110. Who would succeed to the Presidency if the office be-
comes vacant and there is no Vice President?
Under the Presidential Succession Act of 1947, it would be the
Speaker of the House of Representatives, after resigning as Speak-
er and as a Representative. In the event the Speaker should not
qualify, the President pro tempore of the Senate would discharge
the powers and duties of the office of President. He would be re-
quired to resign from the Senate. Succession would then proceed in
the following order, which has been modified over the years as new
departments have been added: Secretary of State, Secretary of the
Treasury, Secretary of Defense, Attorney General, Secretary of the
Interior, Secretary of Agriculture, Secretary of Commerce, Sec-
retary of Labor, Secretary of Health and Human Services, Sec-
retary of Housing and Urban Development, Secretary of Transpor-
tation, Secretary of Energy, Secretary of Education, and Secretary
of Veterans Affairs.
111. Has a President or Vice President ever resigned?
Two Vice Presidents have resigned. John C. Calhoun resigned on
December 28, 1832, three months before the expiration of his term,
to become Senator from South Carolina. Spiro T. Agnew resigned
October 10, 1973, subsequent to pleading nolo contendere (no con-
test) to a charge of Federal income tax evasion. Following Mr.
Agnew’s resignation, President Richard Nixon nominated Gerald R.
Ford, the Minority Leader of the House, to fill the Vice Presidential
vacancy. The Senate and House, in accordance with the provisions
of the 25th Amendment, under which Mr. Ford had been nomi-
nated, approved the nomination. He was sworn into office on De-
cember 6, 1973. Less than a year later, on August 9, 1974, Gerald
Ford became President following Richard Nixon’s resignation.
Shortly thereafter, Mr. Ford nominated Nelson A. Rockefeller to be
Vice President; he was confirmed and sworn into office on Decem-
ber 19, 1974. Thus, in about one year, two occasions arose for using
the provisions of the 25th Amendment to fill a vacancy in the Vice
Presidency.
112. How many Vice Presidents have succeeded to the Presi-
dency by reason of a vacancy in that office?
Nine: John Tyler, Millard Fillmore, Andrew Johnson, Chester A.
Arthur, Theodore Roosevelt, Calvin Coolidge, Harry S Truman,
Lyndon B. Johnson, and Gerald R. Ford.
113. Of these successions, how many were caused by the as-
sassination of Presidents?
Four: Abraham Lincoln, James A. Garfield, William McKinley,
and John F. Kennedy were assassinated. Andrew Johnson served
as President all but 1 month of Lincoln’s second term; Theodore
Roosevelt served 31⁄2 years of McKinley’s second term; Chester A.
Arthur served 31⁄2 years of Garfield’s term; and Lyndon B. Johnson
served about 11⁄4 years of Kennedy’s term.
114. What would happen if the President-elect were to die
before taking office?
In the event that the President-elect dies or resigns after the
electoral vote is cast, then the Vice President-elect would be sworn
in as President, as provided for in the 20th Amendment.
115. How are Vice Presidents elected?
The 12th Amendment provides that the electors appointed by
each State will name on distinct ballots the persons to be voted for
as Vice President. A list of the electoral votes is then signed, cer-
tified, and transmitted ‘‘sealed’’ to the President of the U.S. Senate
(i.e., the incumbent Vice President). These certificates are opened
by the President of the Senate, in the presence of the Senate and
House of Representatives, and the votes are then counted. The per-
son having a majority of the Vice Presidential votes of the electors
becomes Vice President. If no person has a majority, the Senate
then chooses the Vice President from the two candidates receiving
the largest number of votes. Two-thirds of the Senators must be
present during the voting, with a majority necessary for election.
116. What are the qualifications for Vice President?
The qualifications for Vice President are the same as President.
Article II, Section 4 of the Constitution provides that a President
must be a natural-born citizen, at least 35 years old, and have been
a resident of the United States for at least 14 years. The Vice
President must meet these same criteria.
117. Does a President have any control over the sessions of
Congress?
Under the Constitution the President may convene Congress, or
either House, ‘‘on extraordinary occasions.’’ It is usual for the Presi-
dent in calling an extra session to indicate the exact matter that
needs the attention of Congress. However, once convened, a Con-
gress cannot be limited in the subject matter that it will consider.
The President is also empowered by the Constitution to adjourn
Congress ‘‘at such time as he may think proper’’ when the House
and Senate disagree with respect to the time for adjournment. No
President has exercised this power. Many constitutional experts be-
lieve the provision applies only in the case of extraordinary ses-
sions.
118. Has it always been customary for Presidents to appear
before joint sessions of the House and Senate to deliver
their annual State of the Union message?
Presidents George Washington and John Adams appeared before
the two Houses in joint session to read their messages. Thomas Jef-
ferson discontinued the practice in 1801, transmitting his message
to the Capitol to be read by clerks in both Chambers. Jefferson’s
procedure was followed for a full century. In 1913, believing that
the President should make appeals to the Nation and to Congress,
Woodrow Wilson personally appeared before the two Houses and
delivered a special message on finance. Later that same year, he
delivered the ‘‘Annual Message’’ before both chambers, and, with
the exception of President Herbert Hoover, the practice has been
followed by subsequent Presidents.
119. What is the ‘‘President’s Cabinet’’?
The President’s Cabinet has been commonly regarded as an insti-
tution whose existence has relied more upon custom than law. Arti-
cle II, section 2 of the Constitution, gives some guidance in this
matter, stating that the President ‘‘may require the Opinion, in
writing, of the principal Officer in each of the executive Depart-
ments, upon any subject relating to the Duties of their respective
Offices.’’ The historical origins of the Cabinet can be traced to the
first President, George Washington. After the First Congress cre-
ated the State, Treasury, and War Departments and established
the Office of the Attorney General, Washington made appropriate
appointments and, subsequently, found it useful to meet with the
heads, also known as secretaries, of the executive departments. The
Cabinet could act as the President’s primary advisory group; in
practice, however, Presidents have used it, along with other advi-
sors and ad hoc arrangements, as they have seen fit.
120. What is the membership of the Cabinet?
Traditionally, the membership of the Cabinet has consisted of the
heads of the executive departments. Currently, there are 15 depart-
ments: the Departments of Agriculture, Commerce, Defense, Edu-
cation, Energy, Health and Human Services, Housing and Urban
Development, the Interior, Justice, Labor, State, Transportation,
the Treasury, Veterans Affairs, and Homeland Security.
From the earliest days, Presidents have accorded to others the
privilege of attending and participating in Cabinet meetings. In re-
cent years, the President’s Chief of Staff, the Director of Central
Intelligence, and the Director of the Office of Management and
Budget, among others, have been accorded Cabinet rank.
THE EXECUTIVE DEPARTMENTS AND AGENCIES
121. How are executive departments and agencies created?
Executive departments must be created by statute. By compari-
son, agencies in the executive branch may be created by a variety
of means: statute, internal departmental reorganizations, or, in
some instances, Presidential directive. Deriving from the constitu-
tional capacity as Chief Executive, Commander in Chief, or by dele-
gation of authority by Congress, the President can create various
agencies or units by Executive order. All agencies, however, must
ultimately be given a statutory authority if they are to receive ap-
propriations or their decisions are to have legal force.
122. How are executive departments and agencies funded?
Most depend on annual appropriations passed by Congress. In
some cases, though, the appropriation is permanent and requires
no annual action by Congress. Certain agencies also operate from
revenue received when loans are repaid and from nonappropriated
funds such as money received from theaters, post exchanges on
military bases, and various other types of user fees.
123. Who oversees the operations of executive departments
and agencies?
Oversight of the executive departments is shared among the
three branches of Government. It is exercised by Congress as a con-
sequence of its constitutional authority to enact laws, appropriate
funds, and make rules for the Government. Congress monitors de-
partmental administration and operations and reviews past activi-
ties, in order to ensure compliance with legislative intent, among
other reasons. Congressional oversight is conducted largely through
the committees and subcommittees of the House of Representatives
and Senate. These panels are assisted by their own staff and con-
gressional support agencies.
The Federal courts also exert a degree of control over the execu-
tive departments through judgments as to the legality of actions or
orders compelling compliance with the laws.
Within the executive branch, the President exercises control over
departments and the agencies through appointments of officials, as
well as through the Office of Management and Budget. In addition,
other offices, such as chief financial officers and inspectors general,
are involved in overseeing agency operations and activities.
124. Why is there a merit system for Federal employees?
The Federal merit system was established to ensure that any
personnel actions, such as hiring, promotion, demotion, or firing,
are taken on the basis of an individual’s ability and performance.
It replaced the ‘‘spoils system’’ whereby political patronage con-
trolled hiring and firing practices. By contrast, the merit system is
designed to ensure that the best candidates are hired for Federal
positions, that they will be treated fairly, and that they will have
the opportunity to rise as far as their abilities take them. Impor-
tant merit system principles include the selection and advancement
for Federal positions on the basis of knowledge, ability and skills,
under fair and open competition; and personnel management con-
ducted without regard to politics, race, color, religion, national ori-
gin, sex, marital status, age or handicapping condition.
125. Are all Federal employees covered by a merit system?
More than 90 percent of federal employees are covered under one
of four merit systems. The Civil Service System is the largest merit
system and is managed by the Office of Personnel Management. It
covers approximately three-fifths of all Federal employees. The
Senior Executive Service system covers only the upper stratum of
civil servants. Some agencies, including the U.S. Postal Service and
the Federal Bureau of Investigation, have separate merit systems,
and these systems account for approximately 30 percent of all fed-
eral employees. The remainder of the federal employees covered by
merit systems are under the Excepted Service.
126. What are the roles of the Office of Personnel Manage-
ment, the Merit Systems Protection Board, and the Fed-
eral Labor Relations Authority?
The Civil Service Reform Act of 1978 created three separate
agencies to replace the U.S. Civil Service Commission. The Office
of Personnel Management (OPM) is the central personnel agency
for the Federal Government. Among other responsibilities, it ad-
vises the President on civilian employment matters; executes, ad-
ministers, and enforces civil service laws, rules, and regulations;
and provides leadership and assistance to Federal agencies in car-
rying out Federal personnel policies.
The Merit Systems Protection Board (MSPB) is a quasi-judicial
agency designed to protect the integrity of the Federal merit sys-
tem against prohibited personnel practices. An Office of Special
Counsel (OSC), which until 1989 was part of MSPB, but is now an
independent entity, is an investigative and prosecutorial agency
charged with protecting employees from prohibited personnel prac-
tices, especially reprisal for whistleblowing. The Federal Labor Re-
lations Authority (FLRA) adjudicates labor-management disputes
in Federal agencies. It is responsible for conducting hearings and
deciding complaints of unfair labor practices.
INDEPENDENT AGENCIES AND COMMISSIONS
127. What are independent agencies and regulatory commis-
sions?
In general, the independent agencies comprise all Federal admin-
istrative agencies not included under the executive departments or
under the direct, immediate authority of the President. These
many and diverse organizations range from regulatory commis-
sions, to Government corporations, such as the U.S. Postal Service,
to a wide variety of boards and foundations. Some of these, such
as the Smithsonian Institution, are of long standing, while others
have been created in recent years, as the Federal Government has
increased its responsibilities. Independent regulatory commissions
have been established by Congress—beginning in the 1880s with
the now defunct Interstate Commerce Commission—to regulate
some aspect of the U.S. economy. Among these are the Securities
and Exchange Commission, the Federal Communications Commis-
sion, the Federal Trade Commission, and the Nuclear Regulatory
Commission.
Such agencies are not independent of the U.S. Government and
are subject to the laws that are approved by Congress and executed
by the President.
128. To whom are independent agencies and commissions
responsible? How do they report on their activities?
Independent regulatory commissions, Government corporations,
and various other Government-sponsored enterprises are bodies
headed by several commissioners, directors, or governors, who are
appointed by the President and confirmed by the Senate. Unlike
administrators of executive agencies, regulatory commissioners
serve for fixed terms and cannot be removed at the pleasure of the
President. In some cases, Government-sponsored enterprises may
also have directors who are private citizens. While all of the inde-
pendent regulatory commissions and most of the Government-spon-
sored enterprises submit their budget requests to OMB for review
and clearance, the degree of dependence on these budgets varies
considerably. While nearly all of the Government-sponsored enter-
prises generate a substantial part of their financial resources from
outside sources, almost all the independent regulatory commissions
rely on the Government for their funding.
Activities of all of these entities are presented in public reports
which are prepared annually. In addition, they are subject to peri-
odic authorization and appropriations hearings in Congress, where
their activities and operations can be reviewed.
THE JUDICIAL BRANCH
129. What is the ‘‘supreme law of the land’’?
The Constitution, laws of the United States made pursuant to
the Constitution, and treaties made under authority of the United
States comprise the ‘‘supreme law of the land.’’ Judges throughout
the country are bound by them, regardless of anything in separate
State constitutions or laws.
130. What is the main principle of the system of justice in
the United States?
The guiding principle of the U.S. system of justice, ‘‘Equal Jus-
tice Under Law,’’ is engraved in the marble pediment above the en-
trance of the U.S. Supreme Court Building.
THE COURTS OF THE UNITED STATES
131. By what authority are the Federal courts established?
Article III of the Constitution provides that there shall be one
Supreme Court and such inferior courts as Congress may ‘‘ordain
and establish.’’ Additionally, Article 1, Section 8 provides that Con-
gress has the power ‘‘to constitute tribunals inferior to the Supreme
Court.’’ The Judiciary Act of 1789 formally established the Su-
preme Court and Federal court system. Additional information
about the federal court system may be found at
<www.uscourts.gov>.
132. What is the highest court and how is it organized?
As mandated by the Constitution, the Supreme Court of the
United States is the highest court. The Court has been composed
of the Chief Justice of the United States and, since 1869, eight As-
sociate Justices. Congress, which governs the Court’s organization
by legislation, varied the number of Justices between five and 10
in the period prior to 1869. Congress requires six Justices for a
quorum to transact the business of the Court.
133. What is the jurisdiction of the Supreme Court?
The Constitution provides that in all cases affecting ambassadors
to the United States, other public ministers and consuls, and those
in which a State is party, the Supreme Court has original jurisdic-
tion. The 11th amendment, moreover, precludes citizens of one
State from suing another State. Additionally, the Constitution pro-
vides that Congress may regulate the appellate jurisdiction of the
Court. Congress has authorized the Supreme Court, among other
things, to review judgements of lower Federal courts and the high-
est courts of the States.
134. What is the process by which the Supreme Court
reaches a decision and who sets this process or proce-
dure?
The internal review process of the Court has largely evolved by
custom while the procedures to be followed by petitioners to the
Court are established in rules set forth by the Court.
After initially examining each case submitted, the Justices hold
a private conference to decide which cases to schedule for oral ar-
gument, which to decide without argument, and which to deny. If
at least four Justices agree, a case will be taken by the Court for
a decision, with or without oral argument, and the other petitions
for review will be denied. If oral argument is heard, the parties are
generally allowed a total of one hour to argue the issues and re-
spond to questions from the Justices. Later, in conference, the Jus-
tices make their decision by simple majority or plurality vote. A tie
vote means that the decision of the lower court is allowed to stand.
Such a vote could occur when one or three Justices do not take part
in a decision.
135. How does the Supreme Court cope with the large num-
ber of decisions which it receives on appeal from State
and Federal courts?
Each year the Court receives more than 7,000 petitions from
State and lower Federal courts. While examining all of the cases
submitted, the Court agrees to hear oral arguments on about 90
each term. Also, the Justices, without hearing oral arguments, de-
cide a limited number of other cases—usually fewer than 75. The
rest of the petitions are denied.
136. Who writes the opinions of the Supreme Court?
When the Justices have decided a case, the Chief Justice, if vot-
ing with the majority, may write the opinion himself or assign an
Associate Justice to write the opinion of the Court. If the Chief Jus-
tice is in the minority, the senior Associate Justice in the majority
may write the opinion himself or herself or assign another Asso-
ciate Justice in the majority to write the opinion. The individual
Justices may write their own concurring or dissenting opinions in
any decision.
137. Why is so much importance placed on a Supreme Court
decision?
Article VI of the Constitution provides that the Constitution and
the laws of the United States made ‘‘in Pursuance thereof ’’ shall
be the supreme law of the land. Thus, when the Supreme Court de-
cides a case, particularly on constitutional grounds, it becomes
guidance for all the lower courts and legislators when a similar
question arises. Under its power of judicial review, the Court can
declare laws unconstitutional, thus making them null and void.
138. What are the Federal District Courts and how are they
organized?
The 94 district courts, created by Congress, are the trial courts
in the Federal judicial system. It is in these courts that most Fed-
eral cases are first tried and decided. There is at least one district
court in each State for a total of 89 in the 50 States. In addition,
there is one court for each of the following five jurisdictions: Dis-
trict of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and
the Northern Mariana Islands. The number of judges varies in
each court from two to 28. Trials in these courts are generally
heard by a single judge.
139. What are the Courts of Appeals and how are they orga-
nized?
Often called circuit courts, they are divided geographically into
12 circuits, each having from 6 to 28 judges. The jurisdiction of
these courts covers appeals from the district courts and appeals
from actions of Government agencies. Cases are generally pre-
sented to the courts sitting in panels consisting of three judges.
There also is a Court of Appeals for the Federal Circuit with a na-
tionwide jurisdiction, which reviews lower court rulings in, among
other things, patent, trademark, and copyright cases.
140. What other Federal courts are there?
There are several special courts of the United States that have
jurisdiction over specialized subjects. The jurisdiction of each court
is indicated by its title: The U.S. Court of Federal Claims hears
various kinds of claims against the United States; the Court of
International Trade hears claims against the Government arising
from Federal laws governing import transactions; the Tax Court
adjudicates controversies involving deficiencies or overpayment of
taxes; the U.S. Court of Appeals for the Armed Forces reviews
court-martial convictions of all of the armed services; and the Court
of Veterans Appeals reviews decisions of the Board of Veterans Ap-
peals. There are a few other courts composed of regular U.S. dis-
trict and appellate judges who render this service in addition to
their regular duties.
THE JUSTICES AND JUDGES
141. What are the qualifications required to be a Justice of
the Supreme Court?
There are neither constitutional nor statutory qualifications for
appointees to the Supreme Court. Determining the qualifications of
the individuals selected is left up to the President, who nominates,
and the Members of the Senate, who confirm individuals to the
Court.
142. What is the tenure of a Federal judge?
Judges of the Court of Federal Claims, Tax Court, Court of Ap-
peals for the Armed Forces, and Court of Veterans Appeals have
terms of 15 years, and judges of the territorial District Courts in
Guam, the Virgin Islands, and the Northern Mariana Islands have
10-year terms. Otherwise, the judges of the courts mentioned in the
preceding questions, including the Supreme Court, courts of ap-
peals, and most Federal district courts, have ‘‘good behaviour’’ ten-
ure as specified in the Constitution, which is generally considered
to be life tenure.
143. Why do most Federal judges have ‘‘good behaviour’’ ten-
ure?
The Framers of the Constitution believed that by allowing for a
‘‘good behaviour’’ tenure and prohibiting the diminution of a judge’s
compensation while in office, the independence of the Federal judi-
ciary could be preserved. Thus, if a judicial decision displeased the
Executive or legislature, or a majority of the population, the judges
could not be punished for it. This judicial independence was consid-
ered to be a key part of the system of checks and balances estab-
lished by the Constitution.
144. How and for what reasons may judges with ‘‘good be-
haviour’’ tenure be removed from office?
Such judges may be removed from office by impeachment for
treason, bribery, or other high crimes and misdemeanors. One stat-
ute specifically states that Justices or judges appointed under the
authority of the United States who engage in the practice of law
are guilty of a high misdemeanor. Otherwise, it is up to Congress
to determine if certain judicial misbehavior meets the under-
standing of a high crime and misdemeanor.
145. What is the oath of office for Federal judges and Jus-
tices?
A Federal statute provides that each Justice or judge of any
court created by enactment of Congress shall take the following
oath before performing the duties of office: ‘‘I do solemnly swear (or
affirm) that I will administer justice without respect to persons, and
do equal right to the poor and to the rich, and that I will faithfully
and impartially discharge and perform all the duties incumbent
upon me as * * * under the Constitution and laws of the United
States. So help me God.’’
THE ELECTORAL PROCESS
146. How are Presidents and Vice Presidents of the United
States nominated?
Candidates for President and Vice President are nominated ei-
ther through individual declaration or by the action of a major or
minor political party.
Presidential and Vice Presidential candidates nominated by the
major parties are chosen at the national conventions of their re-
spective parties. Delegates to these conventions are chosen on the
State level by a variety of methods, including Presidential pri-
maries, caucuses, conventions, or some combination of two or more
of these elements. The process of delegate selection begins early in
the Presidential election year, usually in late January or early Feb-
ruary, and is completed well in advance of the national conven-
tions, usually by June. National party conventions traditionally
meet in July or August of Presidential election years, with the
party ‘‘out of power’’ in the White House usually convening about
one month prior to the other party.
The prenomination campaign may begin within the major parties
as early as a candidate wishes to announce and begin organizing
and fundraising. However, only funds raised after January 1 of the
year preceding the Presidential election year qualify for Federal
matching funds.
147. How are Presidents and Vice Presidents elected?
The President and Vice President of the United States are cho-
sen every four years, in even-numbered years divisible by the num-
ber four, by a majority vote of Presidential electors who are elected
by popular vote in each State.
Candidates for the Presidency, Vice Presidency, and the office of
elector representing the major political parties are automatically
accorded ballot access in all of the States, while minor party can-
didates must satisfy various State requirements, such as gaining a
requisite degree of public support, through petition signatures, es-
tablishing a State-mandated organizational structure, or having
polled a required number of votes in the most recent statewide
election.
All States also provide for inclusion of independent candidates on
the general election ballot. In almost every case, candidates must
submit a requisite number of petitions signed by registered voters
in order to gain ballot access. Some States also provide for write-
in votes for candidates not included on the ballot.
Although the major political parties dominate Presidential elec-
tion contests, there are usually a number of independent and minor
party candidates. In 1996, for example, 19 minor party candidates
for President were listed on the ballot in at least one state, includ-
ing the Reform Party candidate, who received 8.4% of the popular
vote. The same candidate had also run in 1992 on the Reform
Party ticket and won 18.9% of the vote, the highest minor party
vote total since the 1912 election, when former President Theodore
Roosevelt won 27.4% as the Progressive Party candidate. None of
the minor party candidates in either 1992 or 1996 won any elec-
toral votes.
The general election campaign for independent or minor party
candidates may begin as early as the candidates wish. Major-party
Presidential campaigns traditionally begin on Labor Day and,
therefore, last approximately two months.
148. What is the ‘‘electoral college’’? What is its role in the
election of the President and Vice President of the
United States?
The President and Vice President of the United States are elect-
ed by electors, individuals who are chosen in the November general
election in Presidential election years. The electors meet in their
respective States on the first Monday after the second Wednesday
in December to vote, separately, for President and Vice President.
Although the term does not appear in the Constitution, the electors
are collectively known as the electoral college.
Each State is assigned a number of electors equal to the total of
its Senators and Representatives in the U.S. Congress. The District
of Columbia, under the 23rd Amendment, chooses a number equal
to that assigned to the least populous State (three). The electoral
college currently comprises 538 members when constituted. The
Constitution requires that candidates for President and Vice Presi-
dent receive an absolute majority of electoral votes in order to be
elected (270 of the current total of 538).
The Constitution, in Article II, Section 1, provides that, ‘‘No Sen-
ator or Representative, or person holding an office of trust or profit
under the United States shall be appointed an elector.’’ Aside from
this disqualification, any person is qualified to be an elector for
President and Vice President.
While the Constitution (Article II, Section 1) empowers the
States to appoint electors ‘‘in such manner as the legislature there-
of may direct,’’ all 50 States and the District of Columbia currently
provide that Presidential electors be elected by popular vote. Forty-
eight States and the District of Columbia provide for winner-take-
all, at-large elections, known as the general ticket system; it
awards all electoral votes to the candidate who receives a plurality
of popular votes cast in the State. Maine, beginning in 1972, and
Nebraska, beginning in 1992, comprise the only current exceptions
to this arrangement, using the district system to award electoral
votes. Under the district system, popular votes are tallied in each
congressional district and on a statewide basis. The popular vote
winner in each district is awarded one electoral vote, while the
statewide popular vote winner is awarded two additional votes, re-
flecting the two ‘‘senatorial’’ electors assigned to each State regard-
less of population.
The modern electoral college almost always reflects the
preelection pledges of its members and does not, as the Founding
Fathers anticipated, make independent judgments concerning who
should be elected President and Vice President. Between 1820 and
1988, only 16 electors cast their votes for candidates other than
those to whom they were pledged. This is known as the phe-
nomenon of the ‘‘unfaithful’’ or ‘‘faithless’’ elector. While a number
of States have enacted legislation that seeks to bind electors to the
popular vote winners, the preponderance of opinion among con-
stitutional scholars holds that electors remain free agents.
The electoral college never meets as one body, but in 51 State
electoral colleges, usually in the State capital. Separate votes are
cast for President and Vice President. Once the electors have voted
and the results have been certified by the Governor of each State,
the results are forwarded to the President of the U.S. Senate (the
Vice President). The electoral vote certificates are opened and tal-
lied at a joint session of Congress held on the sixth day of January
succeeding every meeting of the electors, or, by custom, on the fol-
lowing day if the sixth falls on a Sunday, with the Vice President
presiding. The winning candidates are then declared to have been
elected.
If no candidate for President or Vice President has received a
majority, the House of Representatives, voting by States, elects the
President, and the Senate, voting as individuals, elects the Vice
President.
149. Did the electoral college ever vote unanimously for any
President?
The electors voted unanimously on only two occasions, both for
George Washington, for the terms beginning in 1789 and 1793. In
the Presidential election of 1820, all the electors except one voted
to reelect James Monroe.
150. How are Senators and Representatives nominated and
elected?
Senate and House candidates of major political parties are nomi-
nated by primary election in most States. Some States also provide
for a party convention or committee recommendation in conjunction
with a primary. In many States, no primary election is held for a
particular office if the candidate is unopposed for nomination.
Minor-party candidates in most States are nominated according to
individual party rules and procedures. Independent candidates are
nominated by self-declaration.
Major-party candidates are afforded automatic ballot access in all
States, while minor-party and independent candidates must meet
various State requirements, such as submission of petition signa-
tures of registered voters, in order to be placed on the general elec-
tion ballot.
Senators are elected by plurality vote of eligible voters in their
State. A plurality means that the candidate with the largest num-
ber of votes, usually, but not necessarily a majority, is the victor.
Representatives are elected by plurality vote in the congressional
district in which they are candidates. The only major exceptions to
this rule in Federal general elections is found in the District of Co-
lumbia, for its Delegate to the House, which requires that a can-
didate receive a majority of popular votes in order to be elected. A
runoff election is scheduled in the event no candidate receives the
requisite majority. In addition, Louisiana requires that all can-
didates, including those for the U.S. Senate and House of Rep-
resentatives, compete in an all-party primary election. A candidate
winning a majority of votes under this arrangement is declared
elected, and the general election is canceled for that office.
151. What are the qualifications to vote in a national elec-
tion?
In practice, all U.S. citizens 18 years of age or older who meet
certain additional qualifications established by the States are eligi-
ble to vote in national elections.
The Constitution originally provided for a limited degree of pub-
lic participation in the electoral process, requiring that Members of
the House of Representatives be chosen by electors having ‘‘the
Qualifications requisite for Electors of the most numerous Branch
of the State Legislature’’; that Senators be elected by the State leg-
islature; and that electors for President be chosen, as previously
noted, ‘‘in such a Manner as the Legislature thereof may direct.’’
Prior to the Civil War, State action extended the franchise to a
point where all white males, 21 years of age or older, and some
black males, in certain nonslave States, were eligible to vote. Since
the Civil War, Congress and the States have, through a series of
constitutional amendments and legislative enactments, progres-
sively extended the franchise. The 15th Amendment (1870) guaran-
teed the right to vote regardless of ‘‘race, color, or previous condi-
tion of servitude’’; the 17th Amendment (1913) provided for direct
popular election to the Senate; the 19th Amendment (1920) ex-
tended the vote to women; the 23rd Amendment (1961) established
the right to vote in Presidential elections for citizens of the District
of Columbia; the 24th Amendment (1964) prohibited the payment
of any tax as a prerequisite for voting in Federal elections; and the
26th Amendment (1971) extended the vote to citizens 18 years of
age or older.
Since 1957, Congress has enacted laws designed to prevent racial
discrimination in the election process, namely, the Civil Rights
Acts of 1957, 1960, and 1964. In 1965, Congress also passed the
Voting Rights Act which suspended for a stated period of time all
tests and similar devices, which had been used to discriminate
against minority groups, particularly black citizens. This same leg-
islation authorized Federal officers to register voters and to observe
elections to insure that there was no discrimination. In 1970, Con-
gress extended for an additional period of time the test suspension
features of the 1965 Act and reduced the residence requirements
imposed by States as a prerequisite for voting for Presidential elec-
tors. The Voting Rights Act Amendments of 1970 provided for the
abolition of continual residency requirements for voting in Presi-
dential elections and required the States to provide for absentee
registration and voting in Presidential elections.
In 1975, Congress again extended the Voting Rights Act; placed
a permanent nationwide ban on the use of literacy tests and de-
vices; expanded the act to provide coverage for minority groups not
literate in English; and required affected States and jurisdictions
to offer certain kinds of bilingual assistance to voters. Congress
again extended the Voting Rights Act in 1982 and amended it, to
enable jurisdictions to seek release from its coverage, but only if
they could meet certain conditions. Section 2 of the Act was also
amended to provide that the courts could judge an election law to
be discriminatory without proof that it was intended to be so, so
long as the law resulted in abridging or diluting minority voting
power.
The Uniformed and Overseas Citizens Absentee Voting Act of
1987 guarantees the right of persons in military service or living
abroad to vote by absentee ballot in Federal elections. The Voting
Accessibility for the Elderly and Handicapped Act of 1984 man-
dates Federal standards of physical accessibility for polling places
and registration sites and requires the availability of large type
ballots and hearing devices for the handicapped.
Voters must also meet State requirements in order to vote, the
most common of which is registration. Citizens in 46 States and
the District of Columbia must register between 10 and 50 days in
advance of election day, while the States of Maine, Minnesota, and
Wisconsin provide for registration on election day. In addition,
North Dakota does not require registration of voters, relying in-
stead on presentation of personal identification at the polls. Thirty
States and the District of Columbia require that voters be residents
for a period of between 1 and 50 days prior to election day. In addi-
tion, most States bar registration and voting by convicted felons
and those judged mentally incompetent.
152. Who is responsible for the administration of elections
in the United States?
The administration of elections, including regulation of political
parties, ballot access, and registration procedures, establishment of
polling places, provision of election-day workers, counting and cer-
tification of the vote, and all costs associated with these activities,
are the responsibility of the States. In performing these functions,
the States are subject to the requirements of the Constitution and
Federal law, as noted above.
153. How was the choice of a national election day made?
The Constitution (Article II, Section 1) provides that ‘‘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.’’ In 1792, Congress enacted legisla-
tion establishing the first Wednesday in December as the day on
which Presidential electors were to assemble and vote, and further
required the States to appoint electors within 34 days prior to the
date set for the electors to vote. In 1845, Congress enacted legisla-
tion providing a uniform date for the choice of electors in all States,
establishing ‘‘Tuesday next after the first Monday in the month of
November of the year in which they are to be appointed.’’
In 1872, Congress extended the November election day to cover
elections for Members and Delegates to the U.S. House of Rep-
resentatives. In 1915, following ratification of the 17th amendment,
which established direct popular election of Senators, the Tuesday
after the first Monday in November was also designated as election
day for Senators.
The decision to create a single day for the selection of Presi-
dential electors was intended, in part, to prevent election abuses
resulting from electors being selected on separate days in neigh-
boring States. Several other reasons are also traditionally cited as
being responsible for the selection of November as the time for Fed-
eral elections. In a largely rural and agrarian nation, harvesting of
crops was completed by November, so farmers were able to take
the time necessary to vote. Travel was also easier before the onset
of winter weather throughout the northern States. Tuesday was
chosen partly because it gave a full day’s travel time between Sun-
day, which was widely observed by religious denominations as a
strict day of rest, precluding most travel, and voting day. This in-
terval was considered necessary when travel was either on foot or
by horse in many areas, and the only polling place in most rural
areas was at the county seat. The choice of Tuesday after the first
Monday prevented elections from falling on the first day of the
month, which was often reserved for court business at the county
seat.
INFORMATION RESOURCES
154. What is the Office of the Federal Register?
The Office of the Federal Register was established in 1935 by the
Federal Register Act and is administered by the National Archives
and Records Administration. It is responsible for the periodic publi-
cation of laws or acts of Congress, Presidential documents, regula-
tions that Federal agencies have issued under authority delegated
by Congress, and the U.S. Government Manual (official handbook
of the Federal Government). The Manual provides information on
Federal agencies as well as on quasi-official agencies, on inter-
national organizations in which the United States participates, and
on boards, committees, and commissions. The Office of the Federal
Register Web site is located at <www.nara.gov/fedreg/>.
Laws consist of both public laws, which have general applica-
bility in the society, and private laws, which normally affect a par-
ticular individual or organization. Each Act of Congress is num-
bered and published upon enactment in ‘‘slip law’’ or pamphlet
form, and they are cumulated for each session of Congress in the
U.S. Statutes at Large. Regulations of Government agencies, Presi-
dential proclamations, and Executive orders having general appli-
cability and legal effect are published in the Federal Register,
which appears usually five times a week. All regulations currently
in force are published in codified form in the Code of Federal Regu-
lations, which is updated annually. Presidential speeches, state-
ments, messages, and other materials made public by the White
House are published currently in the Weekly Compilation of Presi-
dential Documents and annually in the Public Papers of the Presi-
dents.
155. What kinds of documents are published in the Federal
Register?
Four types of documents must be published in the Federal Reg-
ister before they are considered legally binding: (1) Presidential
proclamations and Executive orders of general interest, and any
other document the President submits or orders to be published; (2)
every document issued under proper authority, which prescribes a
penalty or course of conduct, confers a right, privilege, authority,
or immunity, or which imposes an obligation relevant or applicable
to the general public, members of a class of people, or persons of
a locality; (3) documents or classes of documents required by Act
of Congress to be filed and published; and (4) other documents
deemed by the Director of the Office of the Federal Register to be
of sufficient interest. These materials are reproduced in the Federal
Register under one of the following sections: (1) Presidential Docu-
ments; (2) Rules and Regulations; (3) Proposed Rules; and (4) No-
tices. Although the Federal Register is unknown to many citizens,
it constitutes a major means of regulating and governing the
United States.
156. What are the other responsibilities of the National Ar-
chives?
Statutorily chartered in 1934, the National Archives, headed by
the Archivist of the United States, maintains the historically valu-
able records of the Federal Government, including materials dating
to the Revolutionary War era. Its staff arranges and preserves Fed-
eral records and prepares inventories, guides, and other finding
aids to facilitate their use by Government personnel, scholars, and
the public. Its collections are available for use in research rooms
in all of its facilities, and copies may be purchased. Most of the his-
torically valuable records in the agency’s custody are maintained in
facilities in the Washington, DC, area. Records that are primarily
of regional or local interest, however, are maintained in 11 regional
archives; and there are, as well, 10 specialized Presidential librar-
ies, which are managed by the National Archives.
157. What are these Presidential libraries and where are
they located?
The Presidential libraries managed by the National Archives
began with President Franklin D. Roosevelt, but the current pro-
gram was established with the Presidential Libraries Act of 1955.
Under the terms of this law, a former President or heirs may pur-
chase land, usually near the former President’s birthplace or home-
town, erect a library edifice, place his papers and records in it, and
deed the facility to the Federal Government. These libraries and
their holdings are open to both scholars and the public. Presi-
dential libraries have been established for Herbert Hoover (West
Branch, IA), Franklin D. Roosevelt (Hyde Park, NY), Harry S Tru-
man (Independence, MO), Dwight D. Eisenhower (Abilene, KS),
John F. Kennedy (Boston, MA), Lyndon B. Johnson (Austin, TX),
Gerald R. Ford (Ann Arbor, MI), Jimmy Carter (Atlanta, GA), Ron-
ald Reagan (Simi Valley, CA), and George Bush (College Station,
TX). A Richard M. Nixon Presidential Library has been built
(Yorba Linda, CA), but it is a private facility and has not been
deeded to the Federal Government. The Nixon Presidential records,
however, remain in Washington, DC, due to a special 1974 Act of
Congress placing them in the custody of the Archivist. A library
also is being planned for William Clinton in Little Rock, AR. Web
sites for Presidential libraries maintained by the Archivist of the
United States may be found at <http://www.archives.gov/presi-
dentialllibraries/index.html>.
158. Are there libraries across the United States that regu-
larly receive copies of Federal Government publications
as they are produced?
Many years ago, Congress recognized the desirability of making
Government publications available to the public. The depository li-
brary program was created by Congress in order to promote the
American public’s awareness of the activities of their Government.
Under this program, which is administered by the Superintendent
of Documents of the Government Printing Office, nearly 1,300 li-
braries throughout the country receive Federal Government publi-
cations free of charge, and, in return, pledge to provide free access
to all library patrons. Depository libraries are designated by law,
by the Superintendent of Documents, and by Members of Congress.
The Superintendent prepares lists of documents that are available
to the depositories; and they, on the basis of patron interest, select
publications for their collections. A congressional Member’s office,
a Federal Citizen Information Center, or a local reference librarian
can usually help to identify the locations of depository libraries. A
Government Printing Office Web site located at
<www.gpoaccess.gov/libraries.html> may also be consulted to lo-
cate depository libraries.
159. What is the Federal Citizen Information Center Pro-
gram?
Established in 1966 and managed by the Administrator of the
General Services Administration, the Federal Information Center
(FIC) is a single point of contact for people who have questions
about Federal agencies, programs, and services. The FCIC cur-
rently responds to about 2 million calls per year via its nationwide,
toll-free number: 800–334–4636. The Center is open for public in-
quiries from 8:00 AM to 8:00 PM ET each workday, except Federal
holidays. Among the most frequent public inquiries are those hav-
ing to do with workplace safety issues, State government matters,
immigration and naturalization, Federal taxes, Federal employ-
ment, Government publications, disaster assistance, and consumer
matters. A FIC Web site may be found at <http://fic.info.gov>.
160. What special information resources may be found at the
Library of Congress?
The Library of Congress in Washington, DC—which was estab-
lished by an act of April 24, 1800 appropriating $5,000 ‘‘for the pur-
chase of such books as may be necessary for the use of Congress’’—
is now a library both for the Congress and for the Nation. It was
restarted in 1814, when Congress purchased Thomas Jefferson’s
personal library of 6,500 books to replace the 3,000 volumes that
burned in the Capitol fire during the War of 1812. The Library
serves Congress in numerous ways, especially through its collec-
tions, reference resources, and research and analysis provided by
the Congressional Research Service, the Law Library, and other de-
partments and divisions.
The Library’s vast multimedia holdings include books, papers,
maps, prints, photographs, motion pictures, and sound recordings.
Among them are the most comprehensive collections of Chinese,
Japanese, and Russian language books outside Asia and the Com-
monwealth of Independent States; volumes relating to science and
legal materials outstanding for American and foreign law; the
world’s largest collection of published aeronautical literature; the
most extensive collection in the Western Hemisphere of books
printed before 1501 A.D.; and manuscript collections relating to
manifold aspects of American history and civilization, including the
personal papers of the Presidents from George Washington through
Calvin Coolidge. No introduction or special credentials are required
for persons over high-school age to use the general reading rooms;
special collections, however, may be used only by those with a seri-
ous purpose for doing so. The Library of Congress Web site is lo-
cated at <www.loc.gov>.
161. What special information resources are found in other
Federal libraries?
The national medical collection is located at the National Library
of Medicine <www.nlm.nih.gov> in Bethesda, MD, and the national
agricultural collection is housed at the National Agricultural Li-
brary <www.nal.usda.gov> in Beltsville, MD.
162. How may someone get access to unpublished Federal
records that are still in agency files?
Enacted in 1966, the Freedom of Information Act (FOIA) statu-
torily established a presumptive right of the people to know about
the activities and operations of the Federal departments and agen-
cies. The law provides any person, individual or corporation, re-
gardless of nationality, with access to identifiable, existing agency
records without having to demonstrate a need or even give a rea-
son for such a request. The burden of proof for withholding mate-
rial sought by the public is placed upon the Government. The law
specifies nine categories of information, including certain law en-
forcement records, confidential business information, and properly
classified national security documents, that may permissibly be ex-
empted from the rule of disclosure. Disputes over the accessibility
of requested records may be ultimately settled in Federal court.
163. How is a request for records made under the Freedom
of Information Act?
A request for records under the Freedom of Information Act
should be made by letter indicating as specifically as possible what
is being sought. The requester should state that he or she is using
the FOI Act. This letter should be sent to the Federal agency or
agencies thought to possess the desired records. The lower left-
hand corner of the envelope should be marked ‘‘FOIA Request.’’ If
a special form is needed to process your request, it will be sent by
the agency. An access professional from the agency may telephone
to clarify the request or discuss responsive materials. A requester
may also appeal if the original request is denied.
164. Must a fee be paid to make a Freedom of Information
Act request?
There is no fee to make a FOI Act request. Nonetheless, an indi-
vidual, who is not making a request for records for commercial,
scholarly, or news media use, may be asked to pay reasonable
standard charges only for document search and duplication. The
law states, however, that in the case of an average individual’s re-
quest, the first 2 hours of search time or the first 100 pages of du-
plication shall be provided free of charge. No agency may require
advance payment of any fee unless the requester has previously
failed to pay fees in a timely fashion, or the agency has determined
that the fee will exceed $250. The law also has a public interest
standard allowing the waiving of fees in whole or in part.
165. Will the Freedom of Information Act allow access to
one’s own personal records on file with a Federal agen-
cy?
The FOI Act provides any person with presumptive access to top-
ical agency records. Personal access to one’s own records is more
effectively pursued under the Privacy Act. It provides presumptive
access for U.S. citizens and permanent resident aliens to their own
personal records on file with most Federal agencies. The law speci-
fies certain categories of information, such as on-going criminal in-
vestigation records, that may be exempted from its rule of disclo-
sure. In the event an individual finds such personal records to be
erroneous, a supplemental correction may be placed in the file. Ac-
cess requests under the Privacy Act are made in the same manner
as FOI Act requests. The request envelope should be marked ‘‘Pri-
vacy Act Request.’’
166. What kinds of documents and publications are pro-
duced by Congress?
Congress produces various kinds of publications in the course of
conducting its work. The daily Chamber activities and events of the
House of Representatives and the Senate are recorded and pub-
lished in the Congressional Record. When the committees and sub-
committees of each House of Congress hold hearings on legislation,
to examine some matter, or, in the case of the Senate, to consider
a nomination or treaty, a transcript of these proceedings is made
and is later often published. Studies and other supplemental mate-
rials aiding the hearings process are sometimes published as so-
called committee prints. House and Senate reports, sequentially
numbered, usually result when a committee completes action on
legislation, concludes an investigation, or, in the case of the Senate,
votes on a nomination or treaty. Other auxiliary materials of im-
portance to each congressional Chamber, such as Presidential mes-
sages or official submissions by congressional officers, may be pub-
lished as House or Senate documents, another sequentially num-
bered series. Finally, proposals introduced by Representatives and
Senators are published as bills and resolutions.
Congress produces many other publications, such as the Congres-
sional Directory, the primary source of information on the Con-
gress. Others include the Congressional Pictorial Directory; How
Our Laws Are Made; Our Flag; The Capitol; The Constitution
Rules and Manual of the United States Senate; Constitution, Jef-
ferson’s Manual and Rules of the House of Representatives; high-
school and college debate books; and various historical documents.
167. Where are these congressional publications available?
All Members receive a limited allotment of most congressional
publications and documents. Committees also maintain a limited
supply of hearings transcripts, committee prints, reports, docu-
ments, bills, and resolutions. The House and Senate each have a
document room that is open to the public where bills, reports, pub-
lic laws, and certain documents may be obtained free of charge.
Some congressional publications and documents are available for
purchase from the Superintendent of Documents of the Govern-
ment Printing Office (GPO). Original or microform copies of the
items may also be found, to varying extents, in major public librar-
ies, Federal depository libraries, and university and law libraries
throughout the United States. Congressional publications are avail-
able, as well, through websites of the Government Printing Office
(<www.access.gpo.gov/suldocs/index>), the Library of Congress
(<http://thomas.loc.gov>), and the House (<www.house.gov/>) and
the Senate (<www.senate.gov/>), the latter two sites providing ave-
nues to committee Web sites where documents may be posted.
168. How may someone obtain access to unpublished
records of Congress?
Congress routinely transfers its noncurrent, unpublished official
records, consisting mostly of committee files, to the Center for Leg-
islative Archives of the National Archives. Senate records are avail-
able there 20 years after they are created, although some are
opened earlier by action of the committee that created them. House
records become available 30 years after their creation, with permis-
sion from the Clerk of the House. A small group of House and Sen-
ate records involving national security or personal privacy issues
remain closed for 50 years. The National Archives publishes guides
that provide full descriptions of these valuable collections.
The office files of individual Senators and Representatives are
considered their personal property. Most Members donate their pa-
pers to a historical research institution in their home state. Guides
to the locations of these papers are available from the House and
Senate historical offices.
169. What is the correct form for letters to elected Federal
officials?
CORRECT FORM FOR LETTERS
PRESIDENT
The President
The White House
1600 Pennsylvania Avenue, N.W.
Washington, DC 20500
Dear Mr. President:
Very respectfully,
VICE PRESIDENT
The Vice President
Old Executive Office Bldg.
17th St. & Pennsylvania Avenue, N.W.
Dear Mr. Vice President:
Sincerely,
SENATOR
The Honorable ll
U.S. Senate
Dear Senator ll
Sincerely,
REPRESENTATIVE
The Honorable ll
House of Representatives
Dear Mr. (Mrs. or Ms.) ll
Sincerely,
APPENDICES
GLOSSARY OF LEGISLATIVE TERMS
Act—Legislation which has passed both Houses of Congress, ap-
proved by the President, or passed over his veto, thus becoming
law. Also used technically for a bill that has been passed by one
House and engrossed.
Adjournment—Action taken by either House of Congress to end
a legislative day, which can last longer than 24 hours. (See also
sine die).
Advice and Consent—A process of Senate approval of executive
and judicial appointments, and for treaties negotiated by the execu-
tive branch and signed by the President. Advice and consent of
treaties requires approval by a two-thirds majority of Senators
present and voting, while appointments require approval by a sim-
ple majority.
Amendment—A proposal by a Member (in committee or floor
session of the respective Chamber) to alter the language or provi-
sions of a bill or act. It is voted on in the same manner as a bill.
Appropriation—A formal approval to draw funds from the
Treasury for specific purposes. This may occur through an annual
appropriations act, an urgent or supplemental appropriations act,
a continuing resolution, or on a permanent basis.
Authorization—A law creating or sustaining a program, dele-
gating power to implement it, and outlining its funding. Following
authorization, an appropriation actually draws funds from the
Treasury.
Bill—Formally introduced legislation. Most legislative proposals
are in the form of bills and are designated as H.R. (House of Rep-
resentatives) or S. (Senate), depending on the House in which they
originate, and are numbered consecutively in the order in which
they are introduced during each Congress. Public bills deal with
general questions and become Public Laws, or Acts, if approved by
Congress and signed by the President. Private bills deal with indi-
vidual matters such as claims against the Federal Government, im-
migration and naturalization cases, land titles, et cetera, and be-
come private laws if approved and signed.
Bipartisanship—Cooperation between Members of both political
parties in either or both Houses, or between the President and
Members of Congress representing the other party in addressing a
particular issue or proposal. Bipartisan action usually results when
party leaders agree that an issue is of sufficient national impor-
tance as to preclude normal considerations of partisan advantage.
Budget—The President’s annual proposal to Congress, sub-
mitted in January, outlining executive branch plans for Federal ex-
penditures and revenue for the coming year. The budget is subject
to substantial revision and amendment as part of its consideration
by Congress.
Budget Authority—Allows Federal agencies to incur a financial
liability. The basic types of budget authority are appropriations,
contract authority, and borrowing authority.
Budget Resolution—House and Senate guidelines, and later
caps, on budget authority and outlays. The budget resolution is not
submitted to the President for approval, as it is considered a mat-
ter of internal congressional rules. Bills that would exceed budget
caps are subject to a point of order, although waivers have been
granted regularly in both Houses of Congress.
Calendar—A list of bills, resolutions, or other matters to be con-
sidered before committees or on the floor of either House of Con-
gress.
HOUSE LEGISLATION IS PLACED ON ONE OF FIVE CALENDARS:
Corrections Calendar—The Speaker may place on the Correc-
tions Calendar any bill appearing on the Union or House Cal-
endar. Customarily, these bills are noncontroversial and are
normally called on the second and fourth Tuesday of each
month.
Discharge Calendar—Calendar to which written motions to
discharge bills from committees are referred when the nec-
essary 218 (a majority of the full House membership) signa-
tures have been obtained. Matters on the Discharge Calendar
are considered on the second and fourth Monday of each
month.
House Calendar—A list of public bills, and resolutions, other
than revenue measures and measures appropriating money di-
rectly or indirectly, awaiting action by the House.
Private Calendar—Private bills in the House dealing with in-
dividual matters (such as claims against the Government, im-
migration, and land titles) are put on this calendar. The Pri-
vate Calendar is called on the first and third Tuesday of each
month.
Union Calendar—Bills and joint resolutions that directly or
indirectly appropriate money or raise revenue are placed on
this House Calendar chronologically according to the date re-
ported from committee.
UNLIKE THE HOUSE, THE SENATE HAS ONLY TWO CALENDARS FOR
MATTERS PENDING IN THE SENATE CHAMBER:
Senate Legislative Calendar—Listing of bills, both public and
private, which have been reported from committee, have been
discharged from committee, or which have been placed directly
without referral to committee.
Senate Executive Calendar—Listing of Presidential nomina-
tions to Federal Government positions and treaties, both of
which under the Constitution require the approval of the Sen-
ate.
Caucus—A meeting of Democratic Party members in the House,
which elects party leaders and makes decisions on legislative busi-
ness. (See also conference.)
Cloture—A parliamentary device used in the Senate (Rule 22)
by which debate on a particular measure can be limited. The Sen-
ate otherwise has a tradition of unlimited debate. The action of 16
Senators is necessary to initiate a petition for cloture, and a vote
of at least 60 Senators is required to invoke it. A vote of two-thirds
of Senators present and voting is required to invoke cloture on any
change in the rules of the Senate.
Committee—Subsidiary organizations of both Houses of Con-
gress established for the purpose of considering legislation, con-
ducting investigations, or carrying out other assignments, as in-
structed by the parent Chamber. Committee memberships are de-
termined by party leadership in each House, with the seniority
(time in service) of a Member being generally a prominent factor
in committee assignments. Congressional committees generally fall
into one of four categories: (1) Standing committees—Permanent
organizations within each House specializing in consideration of
bills falling in particular subject areas. Most of these panels estab-
lish subcommittees or other subunits to handle some of the work-
load and conduct hearings. Membership on committees generally
reflects party strength in each House; the majority party usually
provides a majority of members, and a senior member of the major-
ity party is usually elected chair. (2) Joint committees—committees
including membership from both Houses. Joint committees are usu-
ally established with a narrow jurisdiction and normally lack au-
thority to report legislation to the floor of either House. (3) Select
or special committees—committees usually established for a limited
time period to perform a particular function and without authority
to report legislation to the floor of its Chamber. These panels may
be organized by either House, to conduct an investigation or to
make a study and recommendations about a particular problem. (4)
Conference committees—Ad hoc committees composed of Members
of both Houses who are appointed for the specific purpose of recon-
ciling similar bills which have passed the House and Senate in dif-
ferent form.
Committee of the Whole (Committee of the Whole House
on the State of the Union)—A practice widely used by the House
of Representatives to expedite the consideration of legislation. Ad-
vantages include lower quorum requirements (100 Members, rather
than 218)—and streamlined procedures, including limitations on
debate. All decisions taken in the Committee of the Whole require
approval by the full House.
Conference—Republican Members’ organization in the House
and Senate and Democratic Members’ organization in the Senate,
which elects party leaders and makes decisions on legislative busi-
ness. (See also caucus.)
Confirmation—Action by the Senate approving Presidential
nominees for the executive branch, the Federal Judiciary, regu-
latory commissions, and certain other positions.
Contempt of Congress—Willful obstruction of the legislative
process. Persons cited for contempt of Congress by either House or
one of their committees are subject to prosecution in Federal
courts.
Continuing Resolution—A joint appropriations measure pro-
viding emergency funding for agencies whose regular appropria-
tions bill has not been passed.
Discharge Petition—Process in the House of Representatives
by which a bill may be brought to the floor 30 days after referral
to a committee (or 7 days in the case of the Rules Committee) by
majority vote, despite the failure of the relevant committee to re-
port it.
Filibuster—Under the Rules of the Senate and as a matter of
tradition, debate on any measure or matter is generally unlimited.
A filibuster is typically characterized by individual Senators or
groups of Senators speaking at extended length against a pending
measure, often with the objective of frustrating action on the pend-
ing legislative proposals.
Five-Minute Rule—Under House Rules, a measure considered
in the Committee of the Whole is governed by the 5-minute rule.
A Member offering an amendment is recognized to speak in favor
of it for 5 minutes; another Member can claim 5 minutes of time
to speak against the amendment. Pro forma amendments may be
offered to extend debate time in additional 5-minute blocks.
Germaneness—A House rule that amendments to a bill must
relate to the subject matter under consideration.
Gerrymandering—Drawing of district lines to maximize the
electoral advantage of a political party or faction. The term was
first used in 1812, when Efbridge Gerry was Governor of Massa-
chusetts, to characterize the State redistricting plan.
Hearing—A meeting or session of a committee of Congress—
usually open to the public—to obtain information and opinions on
proposed legislation, to conduct an investigation, or oversee a pro-
gram.
Joint Meeting—A meeting of both Houses of Congress, in which
each Chamber recesses to meet for an occasion or ceremony, usu-
ally in the House Chamber. The Members of each Chamber agree
by unanimous consent agreements to meet, but without formally
adjourning the legislative session for the day. Foreign dignitaries
visiting the Capitol frequently address joint meetings of the Con-
gress.
Joint Session—A meeting of both Houses of Congress, custom-
arily held in the House Chamber. Joint sessions are held for nec-
essary administrative and official purposes: e.g., the purpose of
counting electoral votes, attending inaugurations, and to hear pres-
idential State of the Union messages. In recent years, concurrent
resolutions have been passed to set the time and place for joint ses-
sions. Before attending a joint session, each Chamber first adjourns
its legislative session.
Lame Duck Session—A session of Congress meeting after elec-
tions have been held, but before the newly elected Congress has
convened.
Legislative Day—A formal meeting of a House of Congress
which begins with the call to order and opening of business and
ends with adjournment. A legislative day may cover a period of sev-
eral calendar days, with the Senate recessing at the end of each
calendar day, rather than adjourning.
Markup—The process in which congressional committees and
subcommittees amend and rewrite proposed legislation in order to
prepare it for consideration on the floor.
Memorial—A petition to Congress from State legislatures, usu-
ally requesting some sort of legislation, or expressing the sense of
the State legislature on a particular question.
Nomination—Two distinct uses of this term are: (1) the process
by which candidates for an elected office gain political party ap-
proval and status as the party nominee on the general election bal-
lot; (2) appointments to office by the President that are subject to
Senate confirmation.
One-Hour Rule—The rule stipulating debate limits in the
House of Representatives. Measures brought up for consideration
in the House are debated for 1 hour, with the majority supporters
of the bill customarily yielding half of the debate time to the oppos-
ing party.
One-Minute Speech—By custom (and not by rule of the House),
Members may be recognized at the beginning of a daily session,
after the Chaplain’s prayer, the Pledge of Allegiance, and the ap-
proval of the Journal for the previous day’s session. Sometime
these speeches are made at the end of the day, after legislative
business. Members address the House on subjects of their choice
for not more than 1 minute each.
Other Body—The practices of the House and Senate prohibit di-
rect reference in floor debate to actions taken in the other Cham-
ber. Members typically refer to actions taken in ‘‘the other body,’’
rather than to name the House or Senate expressly.
Petition—A request or plea sent to one or both Houses from an
organization or private citizens’ group asking support of particular
legislation or favorable consideration of a matter. Petitions are re-
ferred to appropriate committees for action.
Point of Order—An objection by a Member of either House that
a pending matter or proceeding is in violation of the rules.
Political Action Committee (PAC)—A group organized to pro-
mote its members’ views on selected issues, usually through raising
money that is contributed to the campaign funds of candidates who
support the group’s position.
President Pro Tempore—(Latin for the time being). The officer
who presides over the Senate when its President (the Vice Presi-
dent of the United States) is absent. Tradition vests this office in
the senior Senator of the majority party.
Previous Question—A motion in the House to cut off debate
and force a vote on a pending measure.
Public Law—A bill or joint resolution (other than for amend-
ments to the Constitution) passed by both Houses of Congress and
approved by the President. Bills and joint resolutions vetoed by the
President, but overridden by the Congress also become public law.
Quorum—The number of Members in each House necessary to
conduct business (218 in the House, 100 in the Committee of the
Whole, 51 in the Senate).
Ratification—Two uses of this term are: (1) the act of approval
of a proposed constitutional amendment by the legislatures of the
States; (2) the Senate process of advice and consent to treaties ne-
gotiated by the President.
Reapportionment—The process by which seats in the House of
Representatives are reassigned among the States to reflect popu-
lation changes following the decennial census.
Recess—An interruption in the session of the House or Senate
of a less formal nature than an adjournment. Typically, the Senate
recesses at the end of most daily sessions in order to move more
quickly into legislative business when it convenes again. In the
House, the Speaker is authorized to declare short-term recesses
during the daily session, but the House typically adjourns at the
end of each day’s meeting.
Redistricting—The process within the States of redrawing leg-
islative district boundaries to reflect population changes following
the decennial census.
Report—The printed record of a committee’s actions, including
its votes, recommendations, and views on a bill or question of pub-
lic policy or its findings and conclusions based on oversight inquiry,
investigation, or other study.
Resolution—A proposal approved by either or both Houses
which, except for joint resolutions signed by the President, does not
have the force of law. Resolutions generally fall into one of three
categories: (1) Simple resolutions, designated H. Res. or S. Res.,
deal with matters entirely within the prerogatives of the respective
House. (2) Concurrent resolutions, designated H. Con. Res., or S.
Con. Res., must be passed by both Houses, but are not presented
for signature by the President. Concurrent resolutions generally
are used to make or amend rules applicable to both Houses, or to
express the sentiment of the two Houses. (3) Joint Resolutions, des-
ignated H.J. Res. or S.J. Res., require the approval of both Houses,
and, with one exception, the signature of the President, and have
the force of law if approved. There is no real difference between a
bill and a joint resolution. The latter is generally used in dealing
with limited matters, such as a single appropriation for a specific
purpose, or for the declaration of war. Joint resolutions are also
used to propose amendments to the Constitution, but these do not
require the President’s signature.
Rider—An unrelated amendment attached to a pending bill in
order to improve its chances for passage. Requirements of germane-
ness limit the use of riders in House bills.
Session—The period during which Congress assembles and car-
ries on its regular business. Each Congress generally has two reg-
ular sessions, based on the constitutional mandate that Congress
assemble at least once each year. In addition, the President is em-
powered to call Congress into special session.
Sine Die—The final adjournment (sine die being translated from
Latin literally as ‘‘without a day’’) used to conclude a session of
Congress.
Special Rule—Also known as a ‘‘rule from the Rules Com-
mittee.’’ Special rules are presented in the form of a House resolu-
tion by the Rules Committee to make House consideration of a par-
ticular bill in order, to set time limits for debate, and to regulate
which amendments, if any, may be offered during House or Com-
mittee of the Whole consideration of the measure. Special rules are
agreed to by the House by majority vote.
Statute Law—Bills and joint resolutions (except for those pro-
posing constitutional amendments) enacted by Congress and ap-
proved by the President (or his veto overridden).
Suspension of the Rules—A House procedure which expedites
consideration of legislation by limiting debate on a bill and prohib-
iting floor amendments, but which also requires a two-thirds ma-
jority for passage.
Tabling Motion—A motion to stop action on a pending proposal
and to lay it aside indefinitely. When the Senate or House agrees
to a tabling motion, the measure which has been tabled is effec-
tively defeated.
Unanimous Consent—A practice in the House and Senate to
set aside a rule of procedure, so as to expedite proceedings. It is
usually connected with noncontroversial matters.
Unanimous Consent Agreement—An agreement in the Sen-
ate, formulated by party leaders and other Senators, to regulate
when important bills will be taken up on the floor and to limit de-
bate on amendments. Sometimes referred to as a ‘‘time-limitation’’
agreement.
Veto—The constitutional procedure by which the President re-
fuses to approve a bill or joint resolution and thus prevents its en-
actment into law. A regular veto occurs when the President returns
the legislation to the originating House without approval. It can be
overridden only by a two-thirds vote in each House. A pocket veto
occurs after Congress has adjourned and is unable to override the
President’s action.
SELECTIVE BIBLIOGRAPHY AND REFERENCES
Alexander, De Alva Stanwood. History and Procedure of the
House of Representatives. New York, B. Franklin, 1970 [Reprint of
1916 edition].
Baker, Ross K. House and Senate. New York, W.W. Norton, 1995
(2nd ed.).
Bibby, John F. Politics, Parties, and Elections in America. Chi-
cago, Nelson-Hall, 1999 (4th ed.).
Biographical Directory of the United States Congress, 1774–1996:
Congressional Quarterly, Washington, DC, 1997.
Byrd, Robert C. The Senate, 1789–1989. Washington, DC, U.S.
Govt. Print. Off., 1988–1991. 2 vols.
Chandler, Ralph Clark (ed.). A Centennial History of the Amer-
ican Administrative State. New York, The Free Press, 1987.
Cigler, Allan J. and Burdett A. Loomis (eds.). Interest Group Poli-
tics. Washington, DC, Congressional Quarterly Press, 1998 (5th
ed.).
Congress and the President: Invitation to Struggle. Annals of the
American Academy of Political and Social Science, v. 499, Sep-
tember 1988.
Congressional Quarterly. Guide to the Congress, 4th edition.
Washington, DC, Congressional Quarterly, 1991.
———. Guide to the Presidency, 2nd edition. Washington, DC,
Congressional Quarterly, 1996.
———. Guide to the U.S. Supreme Court, 3rd edition. Wash-
ington, DC, Congressional Quarterly, 1997.
The Constitution of the United States of America: Analysis and
Interpretation: Annotations of Cases Decided by the Supreme Court
of the United States to July 2, 1992. Prepared by the Congressional
Research Service, Library of Congress. Washington, DC, U.S. Govt.
Print. Off., 1996 (Senate Document 103–6, 103rd Congress, 1st
Sess.).
Corwin, Edward S. The President: Office and Powers, 1787–1984.
New York, New York University Press, 1984 (5th rev. ed.).
Corwin, Edward S. and J.W. Peltason. Understanding the Con-
stitution. New York, Holt, Rinehart and Winston, 1988.
Davidson, Roger H. and Walter J. Oleszek. Congress and Its
Members. Washington, DC, Congressional Quarterly Press, 1998.
Diamond, Martin. The Founding of the Democratic Republic.
Itasca, IL, F.E. Peacock Publishers, 1981.
Encyclopedia of the American Constitution. New York, Macmillan
Publishing Company, 1986.
Encyclopedia of the American Judicial System. New York,
Charles Scribner’s Sons, 1987.
Encyclopedia of the American Legislative System. New York,
Charles Scribner’s Sons, 1994.
Encyclopedia of the American Presidency. New York, Simon and
Schuster, 1994.
Encyclopedia of the United States Congress. New York, Simon
and Schuster, 1995.
Farrand, Max. The Framing of the Constitution of the United
States. New Haven, CT, Yale University Press, 1913.
The Federalist. [1787–88] by Alexander Hamilton, James Madi-
son, and John Jay. Edited by Benjamin Fletcher Wright. Cam-
bridge, MA, Belknap Press of Harvard University Press, 1961.
Fesler, James W. and Donald F. Kettl. The Politics of the Admin-
istrative Process. Chatham, NJ, Chatham House, 1996 (2nd ed.).
Fisher Louis. The Politics of Shared Power. College Station, TX,
Texas A&M University Press, 1998 (4th ed.).
Hernon, Peter, et al. U.S. Government on the Web: Getting the In-
formation You Need. Englewood, CO, Libraries Unlimited, 1999.
Hofstadter, Richard. The American Political Tradition and the
Men Who Made It. Foreword by Christopher Lasch. New York, Vin-
tage Books, 1974 [cl948].
Hutson, James H. To Make All Laws: The Congress of the United
States, 1789–1989. Boston, Houghton Mifflin, 1990.
Jones, Charles O. Separate But Equal Branches: Congress and
the Presidency. New York, Chatham House, 1999 (2nd ed.).
Key, V.0. Public Opinion and American Democracy. New York,
Alfred A. Knopf, 1961.
Kurian, George Thomas (ed.). A Historical Guide to the U.S. Gov-
ernment. New York, Oxford University Press, 1998.
Light, Paul C. The Tides of Reform: Making Government Work,
1945–1995. New Haven, CT, Yale University Press, 1997.
Lowi, Theodore. The End of Liberalism: The Second Republic of
the United States. New York, Norton, 1979 (2nd ed.).
———. The End of the Republic Era. Norman, OK, University of
Oklahoma Press, 1995.
Neustadt, Richard E. Presidential Power and the Modern Presi-
dents: The Politics of Leadership from Roosevelt to Reagan. New
York, Free Press, 1990.
Oleszek, Walter J. Congressional Procedures and the Policy Proc-
ess. Washington, DC, Congressional Quarterly Press, 1996 (4th
ed.).
Seidman, Harold. Politics, Position, and Power: The Dynamics of
Federal Organization. New York, Oxford University Press, 1998
(5th ed.).
Tocqueville, Alexis de. Democracy in America. Edited by J.P.
Mayer. [Two volumes in one. Based on 13th edition, 1850] Garden
City, NY, Anchor Books, Doubleday & Company, Inc., 1969.
Van Riper, Paul P. History of the United States Civil Service.
Evanston, IL, Row, Peterson, and Co., 1958.
Waldo, Dwight. The Administrative State. New York, Holmes and
Meier, 1984 (rev. ed.).
White, Leonard D. [Four studies in administrative history] The
Federalists. The Jacksonians. The Jeffersonians. and The Repub-
lican Era, 1869–1901. New York, Macmillan, 1948, 1951, 1951, and
1958, respectively.
Wilson, Woodrow. Congressional Government. Boston, Houghton,
Mifflin, 1885.
———. Constitutional Government in the United States. New
York, Columbia University Press, 1908.
World Wide Web Sites:
www.congress.gov [Legislative Information System of Con-
gress]
www.fedworld.gov [clearinghouse for information at many
federal sites]
www.loc.gov [Library of Congress site, including Thomas and
legislation]
www.nara.gov/fedreg [Office of Federal Register publications]
www.uscourts.gov [federal judiciary, including Supreme
Court]
www.whitehouse.gov [White House and presidential activi-
ties].
VerDate jul 14 2003
14:35 Feb 25, 2004
STATE APPORTIONMENT AND HOUSE APPORTIONMENT

Jkt 087102
[Based on the 2000 Census]
1990 Census 2000 Census Seat 2003

change average
State Change from 1990
PO 00000
Apportion- Apportion- Overseas from district

Seats Seats c
ment pop. a ment pop. b federal 1990 pop. d
Total Percent
Alabama ................................................................................... 4,040,587 7 4,461,130 14,030 420,543 10.41 7 ........ 635,300

Alaska ....................................................................................... 550,043 1 628,933 2,001 78,890 14.34 1 ........ 626,932
Frm 00087
Arizona ...................................................................................... 3,665,228 6 5,140,683 10,051 1,475,455 40.26 8 +2 641,329

Arkansas ................................................................................... 2,350,725 4 2,679,733 6,333 329,008 14.00 4 ........ 668,350
California .................................................................................. 29,760,021 52 33,930,798 59,150 4,170,777 14.01 53 1 639,088
Colorado ................................................................................... 3,294,394 6 4,311,882 10,621 1,017,488 30.89 7 +1 614,466
Connecticut .............................................................................. 3,287,116 6 3,409,535 3,970 122,419 3.72 5 ¥1 681,113
Fmt 6604
Delaware ................................................................................... 666,168 1 785,068 1,468 118,900 17.85 1 ........ 783,600

Florida ....................................................................................... 12,937,926 23 16,028,890 46,512 3,090,964 23.89 25 +2 639,295
Georgia ..................................................................................... 6,478,216 11 8,206,975 20,522 1,728,759 26.69 13 +2 629,727
Hawaii ....................................................................................... 1,108,229 2 1,216,642 5,105 108,413 9.78 2 ........ 605,768
Sfmt 6602
Idaho ......................................................................................... 1,006,749 2 1,297,274 3,321 290,525 28.86 2 ........ 646,976

Illinois ....................................................................................... 11,430,602 20 12,439,042 19,749 1,008,440 8.82 19 ¥1 653,647
Indiana ..................................................................................... 5,544,159 10 6,090,782 10,297 546,623 9.86 9 ¥1 675,609
Iowa .......................................................................................... 2,776,755 5 2,931,923 5,599 155,168 5.59 5 ........ 585,265
Kansas ...................................................................................... 2,477,574 4 2,693,824 5,406 216,250 8.73 4 ........ 672,104
E:\RENEE\HD094.108
Kentucky ................................................................................... 3,685,296 6 4,049,431 7,662 364,135 9.88 6 ........ 673,628

Louisiana .................................................................................. 4,219,973 7 4,480,271 11,295 260,298 6.17 7 ........ 638,425
Maine ........................................................................................ 1,227,928 2 1,277,731 2,808 49,803 4.06 2 ........ 637,462
Maryland ................................................................................... 4,781,468 8 5,307,886 11,400 526,418 11.01 8 ........ 662,061
Massachusetts ......................................................................... 6,016,425 10 6,355,568 6,471 339,143 5.64 10 ........ 634,910
Michigan ................................................................................... 9,295,297 16 9,955,829 17,385 660,532 7.11 15 ¥1 662,563
Minnesota ................................................................................. 4,375,099 8 4,925,670 6,191 550,571 12.58 8 ........ 614,935
Mississippi ............................................................................... 2,573,216 5 2,852,927 8,269 279,711 10.87 4 ¥1 711,164
Missouri .................................................................................... 5,117,073 9 5,606,260 11,049 489,187 9.56 9 ........ 621,690
HD094
Montana .................................................................................... 799,065 1 905,316 3,121 106,251 13.30 1 ........ 902,195

Nebraska ................................................................................... 1,578,385 3 1,715,369 4,106 136,984 8.68 3 ........ 570,421
Nevada ...................................................................................... 1,201,833 2 2,002,032 3,775 800,199 66.58 3 +1 666,086
New Hampshire ........................................................................ 1,109,252 2 1,238,415 2,629 129,163 11.64 2 ........ 617,893
New Jersey ................................................................................ 7,730,188 13 8,424,354 10,004 694,166 8.98 13 ........ 647,258
New Mexico ............................................................................... 1,515,069 3 1,823,821 4,775 308,752 20.38 3 ........ 606,349
VerDate jul 14 2003
14:35 Feb 25, 2004
STATE APPORTIONMENT AND HOUSE APPORTIONMENT—Continued

Jkt 087102
[Based on the 2000 Census]
1990 Census 2000 Census Seat 2003

change average
PO 00000
State Change from 1990

Apportion- Apportion- Overseas from district
Seats Seats c
ment pop. a ment pop. b federal 1990 pop. d
Total Percent
New York .................................................................................. 17,990,455 31 19,004,973 28,516 1,014,518 5.64 29 ¥2 654,361

North Carolina .......................................................................... 6,628,637 12 8,067,673 18,360 1,439,036 21.71 13 +1 619,178
Frm 00088
North Dakota ............................................................................ 638,800 1 643,756 1,556 4,956 0.78 1 ........ 642,200
Ohio .......................................................................................... 10,847,115 19 11,374,540 21,400 527,425 4.86 18 ¥1 630,730
Oklahoma .................................................................................. 3,145,585 6 3,458,819 8,165 313,234 9.96 5 ¥1 690,131
Oregon ...................................................................................... 2,842,321 5 3,428,543 7,144 586,222 20.62 5 ........ 684,280
Fmt 6604
Pennsylvania ............................................................................. 11,881,643 21 12,300,670 19,616 419,027 3.53 19 ¥2 646,371

Rhode Island ............................................................................ 1,003,464 2 1,049,662 1,343 46,198 4.60 2 ........ 524,160
South Carolina ......................................................................... 3,486,703 6 4,025,061 13,049 538,358 15.44 6 ........ 668,669
South Dakota ............................................................................ 696,004 1 756,874 2,030 60,870 8.75 1 ........ 754,844
Sfmt 6602
Tennessee ................................................................................. 4,877,185 9 5,700,037 10,754 822,852 16.87 9 ........ 632,143

Texas ......................................................................................... 16,986,510 30 20,903,994 52,174 3,917,484 23.06 32 +2 651,619
Utah .......................................................................................... 1,722,850 3 2,236,714 2,545 513,864 29.83 3 ........ 744,390
Vermont .................................................................................... 562,758 1 609,890 1,063 47,132 8.38 1 ........ 608,827
E:\RENEE\HD094.108
Virginia ..................................................................................... 6,187,358 11 7,100,702 22,187 913,344 14.76 11 ........ 643,501

Washington ............................................................................... 4,866,692 9 5,908,684 14,563 1,041,992 21.41 9 ........ 654,902
West Virginia ............................................................................ 1,793,477 3 1,813,077 4,733 19,600 1.09 3 ........ 602,781
Wisconsin .................................................................................. 4,891,769 9 5,371,210 7,535 479,441 9.80 8 ¥1 670,459
Wyoming ................................................................................... 453,588 1 495,304 1,522 41,716 9.20 1 ........ 493,782
Total ................................................................................. 248,102,973 435 281,424,17? 574,330 33,321,204 13.43 435 ........ ......................
a ‘‘U.S. Congress, House, Apportionment Population and State Representation, H. Doc. 102–18, 102nd Cong., 1st sess., (Washington: GPO, 1991), pp. 3,4.
b U.S. Dept. of Commerce, Bureau of the Census, Census 2000 Shows Resident Population of 281,421,906; Apportionment Counts Delivered to President, Press Release CB00–CN.64 (Washington, Dec. 28,
HD094
2000), Table 1. (Please note that resident population total does not include the foreign-based military and other federal employees included in the apportionment population.)
c Article 1, Section 2 of the Constitution establishes the minimum size of the House (one Representative per state), and a maximum (one for every 30,000 persons). Based on the 2000 Census, the House
could be as few as 50 Representatives, and as many as 9,380 Representatives.
d The average size congressional district for each state is calculated on the resident population for each state (which is the apportionment population minus the overseas military (and other federal) em-
ployees. In 2003, the nationwide mean population for a district was 645,632, the median was 642,850, the minimum population was 493,782 and the maximum was 902,195.
POLITICAL DIVISIONS OF THE SENATE AND HOUSE FROM 1855 TO 2003
[All Figures Reflect Immediate Result of Elections. Figures Supplied by the Clerk of the House]
SENATE HOUSE OF REPRESENTATIVES
No. of
Congress Years No. of Re- Va- Re- Va-
Demo- Other Rep- Demo- Other
Sen- publi- can- publi- can-
crats parties resenta- crats parties
ators cans cies cans cies
tives
34th ............ 1855–1857 62 42 15 5 ........ 234 83 108 43 ........

35th ............ 1857–1859 64 39 20 5 ........ 237 131 92 14 ........
36th ............ 1859–1861 66 38 26 2 ........ 237 101 113 23 ........
37th ............ 1861–1863 50 11 31 7 1 178 42 106 28 2
38th ............ 1863–1865 51 12 39 ........ ........ 183 80 103 ........ ........
39th ............ 1865–1867 52 10 42 ........ ........ 191 46 145 ........ ........
40th ............ 1867–1869 53 11 42 ........ ........ 193 49 143 ........ 1
41st ............ 1869–1871 74 11 61 ........ 2 243 73 170 ........ ........
42d ............. 1871–1873 74 17 57 ........ ........ 243 104 139 ........ ........
43d ............. 1873–1875 74 19 54 ........ 1 293 88 203 ........ 2
44th ............ 1875–1877 76 29 46 ........ 1 293 181 107 3 2
45th ............ 1877–1879 76 36 39 1 ........ 293 156 137 ........ ........
46th ............ 1879–1881 76 43 33 ........ ........ 293 150 128 14 1
47th ............ 1881–1883 76 37 37 2 ........ 293 130 152 11 ........
48th ............ 1883–1885 76 36 40 ........ ........ 325 200 119 6 ........
49th ............ 1885–1887 76 34 41 ........ 1 325 182 140 2 1
50th ............ 1887–1889 76 37 39 ........ ........ 325 170 151 4 ........
51st ............ 1889–1891 84 37 47 ........ ........ 330 156 173 1 ........
52d ............. 1891–1893 88 39 47 2 ........ 333 231 88 14 ........
53d ............. 1893–1895 88 44 38 3 3 356 220 126 10 ........
54th ............ 1895–1897 88 39 44 5 ........ 357 104 246 7 ........
55th ............ 1897–1899 90 34 46 10 ........ 357 134 206 16 1
56th ............ 1899–1901 90 26 53 11 ........ 357 163 185 9 ........
57th ............ 1901–1903 90 29 56 3 2 357 153 198 5 1
58th ............ 1903–1905 90 32 58 ........ ........ 386 178 207 ........ 1
59th ............ 1905–1907 90 32 58 ........ ........ 386 136 250 ........ ........
60th ............ 1907–1909 92 29 61 ........ 2 386 164 222 ........ ........
61st ............ 1909–1911 92 32 59 ........ 1 391 172 219 ........ ........
62d ............. 1911–1913 92 42 49 ........ 1 391 228 162 1 ........
63d ............. 1913–1915 96 51 44 1 ........ 435 290 127 18 ........
64th ............ 1915–1917 96 56 39 1 ........ 435 231 193 8 3
65th ............ 1917–1919 96 53 42 1 ........ 435 1 210 216 9 ........
66th ............ 1919–1921 96 47 48 1 ........ 435 191 237 7 ........
67th ............ 1921–1923 96 37 59 ........ ........ 435 132 300 1 2
68th ............ 1923–1925 96 43 51 2 ........ 435 207 225 3 ........
69th ............ 1925–1927 96 40 54 1 1 435 183 247 5 ........
70th ............ 1927–1929 96 47 48 1 ........ 435 195 237 3 ........
71st ............ 1929–1931 96 39 56 1 ........ 435 163 267 1 4
72d ............. 1931–1933 96 47 48 1 ........ 435 2 216 218 1 ........
73d ............. 1933–1935 96 59 36 1 ........ 435 313 117 5 ........
74th ............ 1935–1937 96 69 25 2 ........ 435 322 103 10 ........
75th ............ 1937–1939 96 75 17 4 ........ 435 333 89 13 ........
76th ............ 1939–1941 96 69 23 4 ........ 435 262 169 4 ........
77th ............ 1941–1943 96 66 28 2 ........ 435 267 162 6 ........
78th ............ 1943–1945 96 57 38 1 ........ 435 222 209 4 ........
79th ............ 1945–1947 96 57 38 1 ........ 435 243 190 2 ........
80th ............ 1947–1949 96 45 51 ........ ........ 435 188 246 1 ........
81st ............ 1949–1951 96 54 42 ........ ........ 435 263 171 1 ........
82d ............. 1951–1953 96 48 47 1 ........ 435 234 199 2 ........
83d ............. 1953–1955 96 46 48 2 ........ 435 213 221 1 ........
84th ............ 1955–1957 96 48 47 1 ........ 435 232 203 ........ ........
85th ............ 1957–1959 96 49 47 ........ ........ 435 234 201 ........ ........
86th ............ 1959–1961 98 64 34 ........ ........ 3 436 283 153 ........ ........
87th ............ 1961–1963 100 64 36 ........ ........ 4 437 262 175 ........ ........
88th ............ 1963–1965 100 67 33 ........ ........ 435 258 176 ........ 1
89th ............ 1965–1967 100 68 32 ........ ........ 435 295 140 ........ ........
90th ............ 1967–1969 100 64 36 ........ ........ 435 248 187 ........ ........
91st ............ 1969–1971 100 58 42 ........ ........ 435 243 192 ........ ........
92d ............. 1971–1973 100 54 44 2 ........ 435 255 180 ........ ........
POLITICAL DIVISIONS OF THE SENATE AND HOUSE FROM 1855 TO 2003—Continued
[All Figures Reflect Immediate Result of Elections. Figures Supplied by the Clerk of the House]
SENATE HOUSE OF REPRESENTATIVES
No. of
Congress Years No. of Re- Va- Re- Va-
Demo- Other Rep- Demo- Other
Sen- publi- can- publi- can-
crats parties resenta- crats parties
ators cans cies cans cies
tives
93d ............. 1973–1975 100 56 42 2 ........ 435 242 192 1 ........

94th ............ 1975–1977 100 60 37 2 ........ 435 291 144 1 ........
95th ............ 1977–1979 100 61 38 1 ........ 435 292 143 ........ ........
96th ............ 1979–1981 100 58 41 1 ........ 435 277 158 ........ ........
97th ............ 1981–1983 100 46 53 1 ........ 435 242 192 1 ........
98th ............ 1983–1985 100 46 54 ........ ........ 435 269 166 ........ ........
99th ............ 1985–1987 100 47 53 ........ ........ 435 253 182 ........ ........
100th .......... 1987–1989 100 55 45 ........ ........ 435 258 177 ........ ........
101st .......... 1989–1991 100 55 45 ........ ........ 435 260 175 ........ ........
102d ........... 1991–1993 100 56 44 ........ ........ 435 267 167 1 ........
103d ........... 1993–1995 100 57 43 ........ ........ 435 258 176 1 ........
104th .......... 1995–1997 100 48 52 ........ ........ 435 204 230 1 ........
105th .......... 1997–1999 100 45 55 ........ ........ 435 207 226 2 ........
106th .......... 1999–2001 100 45 55 ........ ........ 435 211 223 1 ........
107th .......... 2001–2003 100 50 50 ........ ........ 435 212 221 2 ........
108th .......... 2003–2005 100 48 51 1 ........ 435 204 229 1 1
1 Democrats organized House with help of other parties.
2 Democrats organized House because of Republican deaths.
3 Proclamation declaring Alaska a State issued January 3, 1959.
4 Proclamation declaring Hawaii a State issued August 21, 1959.
IN CONGRESS, JULY 4, 1776.
THE UNANIMOUS
DECLARATION
OF THE
THIRTEEN UNITED STATES OF AMERICA.

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 them-
selves 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 Gov-
ernment, 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 di-
rect Object the Establishment of an absolute Tyranny over these
States. To prove this, let Facts be submitted to a candid World.
HE has refused his Assent to Laws, the most wholesome and nec-
essary for the public Good.
HE has forbidden his Governors to pass Laws of immediate and
pressing Importance, unless suspended in their Operation till his
Assent should be obtained; and when so suspended, he has utterly
neglected to attend to them.
HE has refused to pass other Laws for the Accommodation of
large Districts of People, unless those People would relinquish the
Right of Representation in the Legislature, a Right inestimable to
them, and formidable to Tyrants only.
HE has called together Legislative Bodies at Places unusual, un-
comfortable, and distant from the Depository of their public
Records, for the sole Purpose of fatiguing them into Compliance
with his Measures.
HE has dissolved Representative Houses repeatedly, for opposing
with manly Firmness his Invasions on the Rights of the People.
HE has refused for a long Time, after such Dissolutions, to cause
others to be elected; whereby the Legislative Powers, incapable of
Annihilation, have returned to the People at large for their exer-
cise; the State remaining in the mean time exposed to all the Dan-
gers of Invasion from without, and Convulsions within.
HE has endeavoured to prevent the Population of these States;
for that Purpose obstructing the Laws for Naturalization of For-
eigners; refusing to pass others to encourage their Migrations hith-
er, and raising the Conditions of new Appropriations of Lands.
HE has obstructed the Administration of Justice, by refusing his
Assent to Laws for establishing Judiciary Powers.
HE has made Judges dependent on his Will alone, for the Tenure
of their Offices, and the Amount and Payment of their Salaries.
HE has erected a Multitude of new Offices, and sent hither
Swarms of Officers to harrass our People, and eat out their Sub-
stance.
HE kept among us, in Times of Peace, Standing Armies, without
the consent of our Legislatures.
HE has affected to render the Military independent of and supe-
rior to the Civil Power.
HE has combined with others to subject us to a Jurisdiction for-
eign to our Constitution, and unacknowledged by our Laws; giving
his Assent to their Acts of pretended Legislation:
FOR quartering large Bodies of Armed Troops among us:
FOR protecting them, by a mock Trial, from Punishment for any
Murders which they should commit on the Inhabitants of these
States:
FOR cutting off our Trade with all Parts of the World:
FOR imposing Taxes on us without our Consent:
FOR depriving us, in many Cases, of the Benefits of Trial by
Jury:
FOR transporting us beyond Seas to be tried for pretended
Offences:
FOR abolishing the free System of English Laws in a
neighbouring Province, establishing therein an arbitrary Govern-
ment, and enlarging its Boundaries, so as to render it at once an
Example and fit Instrument for introducing the same absolute Rule
into these Colonies:
FOR taking away our Charters, abolishing our most valuable
Laws, and altering fundamentally the Forms of our Governments:
FOR suspending our own Legislatures, and declaring themselves
invested with Power to legislate for us in all Cases whatsoever.
HE has abdicated Government here, by declaring us out of his
Protection and waging War against us.
HE has plundered our Seas, ravaged our Coasts, burnt our
Towns, and destroyed the Lives of our People.
HE is, at this Time, transporting large Armies of foreign Merce-
naries to compleat the Works of Death, Desolation, and Tyranny,
already begun with circumstances of Cruelty and Perfidy, scarcely
paralleled in the most barbarous Ages, and totally unworthy the
Head of a civilized Nation.
HE has constrained our fellow Citizens taken Captive on the high
Seas to bear Arms against their Country, to become the Execu-
tioners of their Friends and Brethren, or to fall themselves by their
Hands.
HE has excited domestic Insurrections amongst us, and has
endeavoured to bring on the Inhabitants of our Frontiers, the mer-
ciless Indian Savages, whose known Rule of Warfare, is an
undistinguished Destruction, of all Ages, Sexes and Conditions.
IN every stage of these Oppressions we have Petitioned for Re-
dress in the most humble Terms: Our repeated Petitions have been
answered only by repeated Injury. A Prince, whose Character is
thus marked by every act which may define a Tyrant, is unfit to
be the Ruler of a free People.
NOR have we been wanting in Attentions to our British Brethren.
We have warned them from Time to Time of Attempts by their
Legislature to extend an unwarrantable Jurisdiction over us. We
have reminded them of the Circumstances of our Emigration and
Settlement here. We have appealed to their native Justice and
Magnanimity, and we have conjured them by the Ties of our com-
mon Kindred to disavow these Usurpations, which, would inevi-
tably interrupt our Connections and Correspondence. They too have
been deaf to the Voice of Justice and of Consanguinity. We must,
therefore, acquiesce in the Necessity, which denounces our Separa-
tion, and hold them, as we hold the rest of Mankind, Enemies in
War, in Peace, Friends.
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 po-
litical Connection between them and the State of Great-Britain, is
and ought to be totally dissolved; and that as FREE AND INDE-
PENDENT 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 Protec-
tion of divine Providence, we mutually pledge to each other our
Lives, our Fortunes, and our sacred Honor.
JOHN HANCOCK, PRESIDENT.
SIGNERS OF THE DECLARATION OF INDEPENDENCE
According to the Authenticated List Printed by Order of Congress of

January 18, 1777
John Hancock.
GEORGIA, BUTTON GWINNETT, NEW-YORK, WM. FLOYD,

LYMAN HALL, PHIL. LIVINGSTON,
GEO. WALTON. FRANS. LEWIS,
LEWIS MORRIS.
NORTH-CAROLINA, WM. HOOPER, NEW-JERSEY, RICHD. STOCKTON,

JOSEPH HEWES, JNO. WITHERSPOON,
JOHN PENN.
FRAS. HOPKINSON,
JOHN HART,
ABRA. CLARK.
SOUTH-CAROLINA, EDWARD RUTLEDGE, NEW-HAMPSHIRE, JOSIAH BARTLETT,

THOS. HEYWARD, JUNR., WM. WHIPPLE,
THOMAS LYNCH, JUNR., MATTHEW
ARTHUR MIDDLETON. THORNTON.
MARYLAND, SAMUEL CHASE, MASSACHUSETTS- SAML. ADAMS,

WM. PACA, BAY, JOHN ADAMS,
THOS. STONE, ROBT. TREAT PANE,
CHARLES CARROLL, ELBRIDGE GERRY.
OF CARROLLTON.
VIRGINIA, GEORGE WYTHE, RHODE-ISLAND AND STEP. HOPKINS,

RICHARD HENRY LEE, PROVIDENCE &C., WILLIAM ELLERY.
THS. JEFFERSON,
BENJA. HARRISON,
THOS. NELSON, JR.,
FRANCIS LIGHTFOOT LEE,
CARTER BRAXTON.
PENNSYLVANIA, ROBT. MORRIS, CONNECTICUT, ROGER SHERMAN,

BENJAMIN RUSH, SAML.
BENJA. FRANKLIN, HUNTINGTON,
JOHN MORTON, WM. WILLIAMS,
GEO. CLYMER, OLIVER WOLCOTT.
JAS. SMITH,
GEO. TAYLOR,
JAMES WILSON,
GEO. ROSS.
DELAWARE, CAESAR RODNEY,

GEO. READ.
IN CONGRESS, JANUARY 18, 1777.

ORDERED,
That an authenticated Copy of the DECLARATION of INDEPENDENCY, with
Names of the MEMBERS of CONGRESS, subscribing the same, be sent to each of
the UNITED STATES, and that they be desired to have the same put on RECORD.
By Order of CONGRESS,
JOHN HANCOCK, President.
Attest. Chas Thomson, Sec y
[Explanatory Note: On January 18, 1777, Congress, then sitting in Baltimore, Mary-
land, ordered that authenticated copies of the Declaration be sent to the States. This
version was printed by Mary Katherine Goddard of Baltimore and is known as the
Goddard Broadside. Earlier, on July 19, 1776, Congress had ‘‘Resolved, That the
Declaration passed on the 4th, be fairly engrossed on parchment, with the title and
stile of ‘The unanimous declaration of the thirteen United States of America,’ and
the same, when engrossed, be signed by every member of Congress.’’ The name of
Thomas McKean, then a member from Delaware, however, does not appear on the
Goddard Broadside, as he did not sign the engrossed copy until after January 18,
1777.]
Constitution of the United States
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 se-
cure 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 House of Representatives.1
1 This text of the Constitution follows the engrossed copy signed by Gen. Washington and the
deputies from 12 States. The small superior figures preceding the paragraphs designate clauses,
and were not in the original and have reference to footnotes.
The Constitution was adopted by a convention of the States on September 17, 1787, and was
subsequently ratified by the several States, on the following dates: Delaware, December 7, 1787;
Pennsylvania, December 12, 1787; New Jersey, December 18, 1787; Georgia, January 2, 1788;
Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 28, 1788;
South Carolina, May 23, 1788; New Hampshire, June 21,1788.
Ratification was completed on June 21, 1788.
The Constitution was subsequently ratified by Virginia, June 25, 1788; New York, July 26,
1788; North Carolina, November 21, 1789; Rhode Island, May 29, 1790; and Vermont, January
10, 1791.
In May 1785, a committee of Congress made a report recommending an alteration in the Arti-
cles of Confederation, but no action was taken on it, and it was left to the State legislatures
to proceed in the matter. In January 1786, the Legislature of Virginia passed a resolution pro-
viding for the appointment of five commissioners, who, or any three of them, should meet such
commissioners as might be appointed in the other States of the Union, at a time and place to
be agreed upon, to take into consideration the trade of the United States; to consider how far
a uniform system in their commercial regulations may be necessary to their common interest
and their permanent harmony; and to report to the several States such an act, relative to this
object, as, when ratified by them, will enable the United States in Congress effectually to pro-
vide for the same. The Virginia commissioners, after some correspondence, fixed the first Mon-
day in September as the time, and the city of Annapolis as the place for the meeting, but only
four other States were representative, viz: Delaware, New York, New Jersey, and Pennsylvania;
the Commissioners appointed by Massachusetts, New Hampshire, North Carolina, and Rhode
Island failed to attend. Under circumstances of so partial a representation, the commissioners
present a agreed upon a report, (drawn by Mr. Hamilton, of New York), expressing their unani-
mous conviction that it might essentially tend to advance the interests of the Union if the States
by which they were respectively delegated would concur, and use their endeavors to procure the
concurrence of the other States, in the appointment of commissioners to meet at Philadelphia
on the Second Monday of May following, to take into consideration the situation of the United
States; to devise such further provisions as should appear to them necessary to render the Con-
stitution of the Federal Government adequate the exigencies of the Union; and to report such
an act for that purpose to the United State in Congress assembled as, when agreed to by them
and afterwards confirmed by the Legislatures of every State, would effectually provide for the
same.
Congress, on the 21st of February, 1787, adopted a resolution in favor of a convention, and
the Legislatures of those States which had not already done so (with the exception of Rhode
Island) promptly appointed delegates. On the 25th of May, seven States having convened,
George Washington, of Virginia, was unanimously elected President, and the consideration of
the proposed constitution was commenced. On the 17th of September, 1787, the Constitution as
engrossed and agreed upon was signed by all the members present, except Mr. Gerry of Massa-
chusetts, and Messrs. Mason and Randolph, of Virginia. The president of the convention trans-
mitted it to Congress, with a resolution stating how the proposed Federal Government should
Continued
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 Inhab-
itant 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.2 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 Rep-
resentatives 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, Massachusetts eight, Rhode-Island and
Providence Plantations one, Connecticut five, New-York six, New
Jersey four, Pennsylvania eight, Delaware one, Maryland six, Vir-
ginia 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 there-
of,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 va-
cated 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 Ex-
piration of the sixth Year, so that one third may be chosen every
be put in operation, and an explanatory letter. Congress, on 28th of September, 1787, directed
the Constitution so framed, with the resolutions and letter concerning the same, to ‘‘be trans-
mitted 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.’’
On the 4th of March, 1789, the day which had been fixed for commencing the operations of
Government under the new Constitution, it had been ratified by the conventions chosen in each
State to consider it, as follows: Delaware, December 7, 1787; Pennsylvania, December 12, 1787;
New Jersey, December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; Mas-
sachusetts, February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 1788; New
Hampshire, June 21, 1788; Virginia, June 25, 1788; and New York, July 26, 1788.
The President informed Congress, on the 28th of January, 1790, that North Carolina had rati-
fied the Constitution November 21, 1789; and he informed Congress on the 1st of June, 1790,
that Rhode Island had ratified the Constitution May 29, 1790. Vermont, in convention, ratified
the Constitution January 10, 1791, and was, by an act of Congress approved February 18, 1791,
‘‘received and admitted into this Union as a new and entire member of the United States.’’
2 The part of this clause relating to the mode of apportionment of representatives among the
several States has been affected by section 2 of amendment XIV, and as to taxes on incomes
without apportionment by amendment XVI.
3 This clause has been affected by clause 1 of amendment XVII.
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.4
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 Affirma-
tion. 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 In-
dictment, Trial, Judgment and Punishment, according to Law.
SECTION. 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,5 unless
they shall by Law appoint a different Day.
SECTION. 5. Each House shall be the Judge of the Elections, Re-
turns and Qualifications of its own Members, and a Majority of
each shall constitute a Quorum to do Business; but a smaller Num-
ber 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.
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.
SECTION. 6. The Senators and Representatives shall receive a
Compensation for their Services, to be ascertained by Law, and
4 This clause has been affected by clause 2 of amendment XVIII.
5 This clause has been affected by amendment XX.
paid out of the Treasury of the United States.6 They shall in all
Cases, except Treason, Felony and Breach of the Peace, be privi-
leged 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 Emolu-
ments 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.
SECTION. 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 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 Reconsid-
eration 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 Con-
gress 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, accord-
ing to the Rules and Limitations prescribed in the Case of a Bill.
SECTION. 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 sev-
eral 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;
6 This clause has been affected by amendment XXVII.
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 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 Legisla-
ture of the State in which the Same shall be, for the Erection of
Forts, Magazines, Arsenals, dock-Yards, and other needful Build-
ings;— And
To make all Laws which shall be necessary and proper for car-
rying 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.
SECTION. 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 Im-
portation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be sus-
pended, 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 Pro-
portion to the Census or Enumeration herein before directed to be
taken.7
No Tax or Duty shall be laid on Articles exported from any State.
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.
7 This clause has been affected by amendment XVI.
No Money shall be drawn from the Treasury, but in Consequence
of Appropriations made by Law; and a regular Statement and Ac-
count 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, Emolu-
ment, Office, or Title, of any kind whatever, from any King, Prince,
or foreign State.
SECTION. 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 the Congress, lay any Im-
post or Duties on Import or Exports, except what may be absolutely
necessary for executing it’s 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 Controul 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 for-
eign Power, or engage in War, unless actually invaded, or in such
imminent Danger as will not admit of delay.
ARTICLE. II.
SECTION. 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 Num-
ber of Senators and Representatives to which the State may be en-
titled 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 Inhab-
itant 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 hav-
ing 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, then the House of Representatives shall
immediately chuse 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 chuse the President. But in
chusing the President, the Votes shall be taken by States, the Rep-
resentation 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 Per-
son having the greatest Number of Votes of the Electors shall be
the Vice President. But if there should remain two or more who
have equal Votes, the Senate shall chuse from them by Ballot the
Vice President.8
The Congress may determine the Time of chusing 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 Du-
ties of the said Office,9 the Same shall devolve on the Vice Presi-
dent, and the Congress may by Law provide for the Case of Re-
moval, 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 re-
moved, or a President shall be elected.
The President shall, at stated Times, receive for his Services, a
Compensation, which shall neither be encreased 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 de-
fend the Constitution of the United States.’’
SECTION. 2. The President shall be Commander in Chief of the
Army and Navy of the United States, and of the Militia of the sev-
eral States, when called into the actual Service of the United
States; he may require the Opinion, in writing, of the principal Of-
ficer in each of the executive Departments, upon any Subject relat-
ing 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 pub-
lic Ministers and Consuls, Judges of the supreme Court, and all
other Officers of the United States, whose Appointments are not
8 This clause has been superseded by amendment XII.
9 This clause has been affected by amendment XXV.
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.
SECTION. 3. He shall from time to time give to the Congress In-
formation of the State of the Union, and recommend to their Con-
sideration such Measures as he shall judge necessary and expe-
dient; 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 faith-
fully executed, and shall Commission all the Officers of the United
States.
SECTION. 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.
SECTION. 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 Behaviour, and shall, at stated Times, receive for their
Services, a Compensation, which shall not be diminished during
their Continuance in Office.
SECTION. 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 Au-
thority;—to all Cases affecting Ambassadors, other public Ministers
and Consuls;—to all Cases of admiralty and maritime Jurisdic-
tion;—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; 10—between Citizens of dif-
ferent States;—between Citizens of the same State claiming Lands
under Grants of different States, and between a State, or the Citi-
zens 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 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.
10 This clause has been affected by amendment XI.
SECTION. 3. Treason against the United States, shall consist only
in levying War against them, or in adhering to their Enemies, giv-
ing 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 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.
SECTION. 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 Man-
ner in which such Acts, Records and Proceedings shall be proved,
and the Effect thereof.
SECTION. 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.11
SECTION. 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 Con-
sent of the Legislatures of the States concerned as well as of the
Congress.
The Congress shall have Power to dispose of and make all need-
ful Rules and Regulations respecting the Territory or other Prop-
erty belonging to the United States; and nothing in this Constitu-
tion shall be so construed as to Prejudice any Claims of the United
States, or of any particular State.
SECTION. 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 Legisla-
ture, 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 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
11 This clause has been affected by amendment XII.
fourths of the several States, or by Conventions in three fourths
thereof, as a of Ratification may be proposed by the one or the
other Mode 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 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 Con-
stitution; but no religious Test shall ever be required as a Quali-
fication to any Office or public Trust under the United States.
ARTICLE. VII.
The Ratification of the Conventions of nine States, shall be suffi-
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 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 of America the Twelfth.
In Witness whereof We have hereunto subscribed our

Names,
GO. WASHINGTON—PRESIDt.
and deputy from Virginia
[Signed also by the deputies of twelve States.]
New Hampshire Delaware
JOHN LANGDON GEO: READ

NICHOLAS GILMAN GUNNING BEDFORD JUN
JOHN DICKINSON
RICHARD BASSETT
JACO: BROOM
Massachusetts Maryland
NATHANIEL GORHAM JAMES MCHENRY

RUFUS KING DAN OF ST THOS JENIFER
DANL CARROLL
Connecticut Virginia
WM SAML JOHNSON JOHN BLAIR

ROGER SHERMAN JAMES MADISON JR.
New York
ALEXANDER HAMILTON
New Jersey North Carolina
WIL: LIVINGSTON WM BLOUNT

DAVID BREARLEY. RICHD DOBBS SPAIGHT.
WM PATERSON. HU WILLIAMSON
JONA: DAYTON
Pennsylvania South Carolina
B FRANKLIN J. RUTLEDGE
THOMAS MIFFLIN CHARLES COTESWORTH PINCKNEY
ROBT MORRIS CHARLES PINCKNEY
GEO. CLYMER PIERCE BUTLER.
THOS FITZSIMONS
JARED INGERSOLL Georgia
JAMES WILSON
GOUV MORRIS WILLIAM FEW
ABR BALDWIN
Attest: WILLIAM JACKSON, Secretary
AMENDMENTS TO THE CONSTITUTION OF THE UNITED
STATES OF AMERICA, PROPOSED BY CONGRESS, AND
RATIFIED BY THE LEGISLATURES OF THE SEVERAL
STATES, PURSUANT TO THE FIFTH ARTICLE OF THE
ORIGINAL CONSTITUTION 12
AMENDMENT [I.] 13
Congress shall make no law respecting an establishment of reli-
gion, or prohibiting the free exercise thereof; or abridging the free-
dom of speech, or of the press; or the right of the people peaceably
to assemble, and to petition the Government for a redress of griev-
ances.
AMENDMENT [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.
AMENDMENT [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.
AMENDMENT [IV.]
The right of the people to be secure in their persons, houses, pa-
pers, 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 describ-
ing the place to be searched, and the persons or things to be seized.
AMENDMENT [V.]
No person shall be held to answer for a capital, or otherwise infa-
mous 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 or public danger; nor
12 The first ten amendments to the Constitution of the United States (and two others, one of
which failed of ratification and the other which later became the 27th amendment) were pro-
posed to the legislatures of the several States by the First Congress on September 25, 1789.
The first ten amendments were ratified by the following States, and the notifications of ratifica-
tion by the Governors thereof were successively communicated by the President to Congress:
New Jersey, November 20, 1789; Maryland, December 19, 1789; North Carolina, December 22,
1789; South Carolina, January 19, 1790; New Hampshire, January 25, 1790; Delaware, January
28, 1790; New York, February 24, 1790; Pennsylvania, March 10, 1790; Rhode Island, June 7,
1790; Vermont, November 3, 1791; and Virginia, December 15, 1791.
Ratification was completed December 15, 1791.
The amendments were subsequently ratified by legislatures of Massachusetts, March 2, 1939:
Georgia, March 18, 1939; and Connecticut, April 19, 1939.
13 Only the 13th, 14th, 15th, 16th amendments had numbers assigned to them at the time
of ratification.
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.
AMENDMENT [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 dis-
trict 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.
AMENDMENT [VII.]
In Suits at common law, where the value in controversy shall ex-
ceed twenty dollars, the right of trial by jury shall be preserved,
and no fact tried by jury, shall be otherwise re-examined in any
Court of the United States, than according to the rules of the com-
mon law.
AMENDMENT [VIII.]
Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishments inflicted.
AMENDMENT [IX.]
The enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the people.
AMENDMENT [X.]
The powers not delegated to the United States by the Constitu-
tion, nor prohibited by it to the States, are reserved to the States
respectively, or to the people.
AMENDMENT [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 of another State, or by Citizens
or Subjects of any Foreign State.
PROPOSAL AND RATIFICATION
The eleventh amendment to the Constitution of the United States was proposed
to the legislatures of the several States by the Third Congress, on the 4th of March
1794; and was declared in a message from the President to Congress, dated the 8th
of January, 1798, to have been ratified by the legislatures of three-fourths of the
States. The dates of ratification were: New York, March 27, 1794: Rhode Island,
March 31, 1794; Connecticut, May 8, 1794; New Hampshire, June 16, 1794; Massa-
chusetts, June 26, 1794; Vermont, between October 9, 1794 and November 9, 1794;
Virginia, November 18, 1794; Georgia, November 29, 1794; Kentucky, December 7,
1794; Maryland, December 26, 1794; Delaware, January 23, 1795; North Carolina,
February 7, 1795.
Ratification was completed on February 7, 1795.
The amendment was subsequently ratified by South Carolina on December 4,
1797. New Jersey and Pennsylvania did not take action on the amendment.
AMENDMENT [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 dis-
tinct 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 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 hav-
ing the greatest number of votes for President, shall be the Presi-
dent, if such number be a majority of the whole number of Electors
appointed; and if no person have such majority, then from the per-
sons 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 when-
ever the right of choice shall devolve upon them, before the fourth
day of March next following, then the Vice-President shall act as
President, as in the case of the death or other constitutional dis-
ability of the President.14—The person having the greatest number
of votes as Vice-President, shall be the Vice-President, if such num-
ber 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. But no person constitutionally ineligible to the office of
President shall be eligible to that of Vice-President of the United
States.
The twelfth amendment to the Constitution of the United States was proposed to
the legislatures of the several States by the Eighth Congress, on the 9th of Decem-
ber, 1803, in lieu of the original third paragraph of the first section of the second
article; and was declared in a proclamation of the Secretary of State, dated the 25th
of September, 1804, to have been ratified by the legislatures of 13 of the 17 States.
The dates of ratification were: North Carolina, December 21, 1803; Maryland, De-
cember 24, 1803; Kentucky, December 27, 1803; Ohio, December 30, 1803; Pennsyl-
vania, January 5, 1804; Vermont, January 30, 1804; Virginia, February 3, 1804;
New York, February 10, 1804; New Jersey, February 22, 1804; Rhode Island, March
12, 1804; South Carolina, May 15, 1804; Georgia, May 19, 1804; New Hampshire,
June 15, 1804.
Ratification was completed on June 15, 1804.
The amendment was subsequently ratified by Tennessee, July 27, 1804.
14 This sentence has been superseded by section 3 of amendment XX.
The amendment was rejected by Delaware, January 18, 1804; Massachusetts,
February 3, 1804; Connecticut, at its session begun May 10, 1804.
AMENDMENT XIII.
SECTION. 1. Neither slavery nor involuntary servitude, except as
a punishment for crime whereof the party shall have been duly
convicted, shall exist within the United States, or any place subject
to their jurisdiction.
SECTION. 2. Congress shall have power to enforce this article by
appropriate legislation.
The thirteenth amendment to the Constitution of the United States was proposed
to the legislatures of the several States by the Thirty-eighth Congress, on the 31st
day of January, 1865, and was declared, in a proclamation of the Secretary of State,
dated the 18th of December, 1865, to have been ratified by the legislatures of twen-
ty-seven of the thirty-six States. The dates of ratification were: Illinois, February
1, 1865; Rhode Island, February 2, 1865; Michigan, February 2, 1865; Maryland,
February 3, 1865; New York, February 3, 1865; Pennsylvania, February 3, 1865;
West Virginia, February 3, 1865; Missouri, February 6, 1865; Maine, February 7,
1865; Kansas, February 7, 1865; Massachusetts, February 7, 1865; Virginia, Feb-
ruary 9, 1865; Ohio, February 10, 1865; Indiana, February 13, 1865; Nevada, Feb-
ruary 16, 1865; Louisiana, February 17, 1865; Minnesota, February 23, 1865; Wis-
consin, February 24, 1865; Vermont, March 9, 1865; Tennessee, April 7, 1865; Ar-
kansas, April 14, 1865; Connecticut, May 4, 1865; New Hampshire, July 1, 1865;
South Carolina, November 13, 1865; Alabama, December 2, 1865; North Carolina,
December 4, 1865; Georgia, December 6, 1865.
Ratification was completed on December 6, 1865.
The amendment was subsequently ratified by Oregon, December 8, 1865; Cali-
fornia, December 19, 1865; Florida, December 28, 1865 (Florida again ratified on
June 9, 1868, upon its adoption of a new constitution); Iowa, January 15, 1866; New
Jersey, January 23, 1866 (after having rejected the amendment on March 16, 1865);
Texas, February 18, 1870; Delaware, February 12, 1901 (after having rejected the
amendment on February 8, 1865); Kentucky, March 18, 1976 (after having rejected
it on February 24, 1865).
The amendment was rejected (and not subsequently ratified) by Mississippi, De-
cember 4, 1865.
AMENDMENT XIV.
SECTION. 1. All persons born or naturalized in the United States,
and subject to the jurisdiction thereof, are citizens of the United
States and of the State wherein they reside. No State shall make
or enforce any law which shall abridge the privileges or immunities
of citizens of the United States; nor shall any State deprive any
person within its jurisdiction the equal protection of the laws.
SECTION. 2. Representatives shall be apportioned among the sev-
eral States according to their respective numbers, counting the
whole number of persons in each State, excluding Indians not
taxed. But when the right to vote at any election for the choice of
electors for President and Vice President of the United States, Rep-
resentatives in Congress, the Executive and Judicial officers of a
State, or the members of the Legislature thereof, is denied to any
of the male inhabitants of such State, being twenty-one years of
age,15 and citizens of the United States, or in any way abridged,
except for participation in rebellion, or other crime, the basis of
representation therein shall be reduced in the proportion which the
15 See amendment XIX and section 1 of amendment XXVI.
number of such male citizens shall bear to the whole number of
male citizens twenty-one years of age in such State.
SECTION. 3. No person shall be a Senator or Representative in
Congress, or elector of President and Vice President, or hold any
office, civil or military, under the United States, or under any
State, who, having previously taken an oath, as a member of Con-
gress, or as an officer of the United States, or as a member of any
State legislature, or as an executive or judicial officer of any State,
to support the Constitution of the United States, shall have en-
gaged in insurrection or rebellion against the same, or given aid or
comfort to the enemies thereof. But Congress may by a vote of two-
thirds of each House, remove such disability.
SECTION. 4. The validity of the public debt of the United States,
authorized by law, including debts incurred for payment of pen-
sions and bounties for services in suppressing insurrection or rebel-
lion, shall not be questioned. But neither the United States nor any
State shall assume or pay any debt or obligation incurred in aid
of insurrection or rebellion against the United States, or any claim
for the loss or emancipation of any slave; but all such debts, obliga-
tions and claims shall be held illegal and void.
SECTION. 5. The Congress shall have power to enforce, by appro-
priate legislation, the provisions of this article.
The fourteenth amendment to the Constitution of the United States was proposed
to the legislatures of the several States by the Thirty-ninth Congress, on the 13th
of June, 1866. It was declared, in a certificate of the Secretary of State dated July
28, 1868 to have been ratified by the legislatures of 28 of the 37 States. The dates
of ratification were: Connecticut, June 25, 1866; New Hampshire, July 6, 1866; Ten-
nessee, July 19, 1866; New Jersey, September 11, 1866 (subsequently the legislature
rescinded its ratification, and on March 24, 1868, readopted its resolution of rescis-
sion over the Governor’s veto, and on November 12, 1980, expressed support for the
amendment); Oregon, September 19, 1866 (and rescinded its ratification on October
15, 1868); Vermont, October 30, 1866; Ohio, January 4, 1867 (and rescinded its rati-
fication on January 15, 1868); New York, January 10, 1867; Kansas, January 11,
1867; Illinois, January 15, 1867; West Virginia, January 16, 1867; Michigan, Janu-
ary 16, 1867; Minnesota, January 16, 1867; Maine, January 19, 1867; Nevada, Jan-
uary 22, 1867; Indiana, January 23, 1867; Missouri, January 25, 1867; Rhode Is-
land, February 7, 1867; Wisconsin, February 7, 1867; Pennsylvania, February 12,
1867; Massachusetts, March 20, 1867; Nebraska, June 15, 1867; Iowa, March 16,
1868; Arkansas, April 6, 1868; Florida, June 9, 1868; North Carolina, July 4, 1868
(after having rejected it on December 14, 1866); Louisiana, July 9, 1868 (after hav-
ing rejected it on February 6, 1867); South Carolina, July 9, 1868 (after having re-
jected it on December 20, 1866).
Ratification was completed on July 9, 1868.
The amendment was subsequently ratified by Alabama, July 13, 1868; Georgia,
July 21, 1868 (after having rejected it on November 9, 1866); Virginia, October 8,
1869 (after having rejected it on January 9, 1867); Mississippi, January 17, 1870;
Texas, February 18, 1870 (after having rejected it on October 27, 1866); Delaware,
February 12, 1901 (after having rejected it on February 8, 1867); Maryland, April
4, 1959 (after having rejected it on March 23, 1867); California, May 6, 1959; Ken-
tucky, March 18, 1976 (after having rejected it on January 8, 1867).
AMENDMENT XV.
SECTION. 1. The right of citizens of the United States to vote
shall not be denied or abridged by the United States or by any
State on account of race, color, or previous condition of servitude.
SECTION. 2. The Congress shall have power to enforce this article
by appropriate legislation.
The fifteenth amendment to the Constitution of the United States was proposed
to the legislatures of the several States by the Fortieth Congress, on the 26th of
February 1869, and was declared, in a proclamation of the Secretary of State, dated
March 30, 1870, to have been ratified by the legislatures of twenty-nine of the thir-
ty-seven States. The dates of ratification were: Nevada, March 1, 1869; West Vir-
ginia, March 3, 1869; Illinois, March 5, 1869; Louisiana, March 5, 1869; North Caro-
lina, March 5, 1869; Michigan, March 8, 1869; Wisconsin, March 9, 1869; Maine,
March 11, 1869; Massachusetts, March 12, 1869; Arkansas, March 15, 1869; South
Carolina, March 15, 1869; Pennsylvania, March 25, 1869; New York, April 14, 1869
(and the legislature of the same State passed a resolution January 5, 1870, to with-
draw its consent to it, which action it rescinded on March 30, 1970); Indiana, May
14, 1869; Connecticut, May 19, 1869; Florida, June 14, 1869; New Hampshire, July
1, 1869; Virginia, October 8, 1869; Vermont, October 20, 1869; Missouri, January
7, 1870; Minnesota, January 13, 1870; Mississippi, January 17, 1870; Rhode Island,
January 18, 1870; Kansas, January 19, 1870; Ohio, January 27, 1870 (after having
rejected it on April 30, 1869); Georgia, February 2, 1870; Iowa February 3, 1870.
Ratification was completed on February 3, 1870, unless the withdrawal of ratifica-
tion by New York was effective; in which event ratification was completed on Feb-
ruary 17, 1870, when Nebraska ratified.
The amendment was subsequently ratified by Texas, February 18, 1870; New Jer-
sey, February 15, 1871 (after having rejected it on February 7, 1870); Delaware,
February 12, 1901 (after having rejected it on March 18, 1869); Oregon, February
24, 1959; California, April 3, 1962 (after having rejected it on January 28, 1870);
Kentucky, March 18, 1976 (after having rejected it on March 12, 1869).
The amendment was approved by the Governor of Maryland, May 7, 1973; Mary-
land having previously rejected it on February 26, 1870.
The amendment was rejected (and not subsequently ratified) by Tennessee, No-
vember 16, 1869.
AMENDMENT XVI.
The Congress shall have power to lay and collect taxes on in-
comes, from whatever source derived, without apportionment
among the several States, and without regard to any census or
enumeration.
The sixteenth amendment to the Constitution of the United States was proposed
to the legislatures of the several States by the Sixty-first Congress on the 12th of
July, 1909, and was declared, in a proclamation of the Secretary of State, dated the
25th of February, 1913, to have been ratified by 36 of the 48 States. The dates of
ratification were: Alabama, August 10, 1909; Kentucky, February 8, 1910; South
Carolina, February 19, 1910; Illinois, March 1, 1910; Mississippi, March 7, 1910;
Oklahoma, March 10, 1910; Maryland, April 8, 1910; Georgia, August 3, 1910;
Texas, August 16, 1910; Ohio, January 19, 1911; Idaho, January 20, 1911; Oregon,
January 23, 1911; Washington, January 26, 1911; Montana, January 30, 1911; Indi-
ana, January 30, 1911; California, January 31, 1911; Nevada, January 31, 1911;
South Dakota, February 3, 1911; Nebraska, February 9, 1911; North Carolina, Feb-
ruary 11, 1911; Colorado, February 15, 1911; North Dakota, February 17, 1911;
Kansas, February 18, 1911; Michigan, February 23, 1911; Iowa, February 24, 1911;
Missouri, March 16, 1911; Maine, March 31, 1911; Tennessee, April 7, 1911; Arkan-
sas, April 22, 1911 (after having rejected it earlier); Wisconsin, May 26, 1911; New
York, July 12, 1911; Arizona, April 6, 1912; Minnesota, June 11, 1912; Louisiana,
June 28, 1912; West Virginia, January 31, 1913; New Mexico, February 3, 1913.
The amendment as subsequently ratified by Massachusetts, March 4, 1913; New
Hampshire, March 7, 1913 (after having rejected it on March 2, 1911).
The amendment was rejected (and not subsequently ratified) by Connecticut,
Rhode Island, and Utah.
AMENDMENT [XVII.]
The Senate of the United States shall be composed of two Sen-
ators from each State, elected by the people thereof, for six years;
and each Senator shall have one vote. The electors in each State
shall have the qualifications requisite for electors of the most nu-
merous branch of the State legislatures.
When vacancies happen in the representation of any State in the
Senate, the executive authority of such State shall issue writs of
election to fill such vacancies: Provided, That the legislature of any
State may empower the executive thereof to make temporary ap-
pointments until the people fill the vacancies by election as the leg-
islature may direct.
This amendment shall not be so construed as to affect the elec-
tion or term of any Senator chosen before it becomes valid as part
of the Constitution.
The seventeenth amendment to the Constitution of the United States was pro-
posed to the legislatures of the several States by the Sixty-second Congress on the
13th of May, 1912, and was declared, in a proclamation of the Secretary of State,
dated the 31st of May, 1913, to have been ratified by the legislatures of 36 of the
48 States. The dates of ratification were: Massachusetts, May 22, 1912; Arizona,
June 3, 1912; Minnesota, June 10, 1912; New York, January 15, 1913; Kansas, Jan-
uary 17, 1913; Oregon, January 23, 1913; North Carolina, January 25, 1913; Cali-
fornia, January 28, 1913; Michigan, January 28, 1913; Iowa, January 30, 1913;
Montana, January 30, 1913; Idaho, January 31, 1913; West Virginia, February 4,
1913; Colorado, February 5, 1913; Nevada, February 6, 1913; Texas, February 7,
1913; Washington, February 7, 1913; Wyoming, February 8, 1913; Arkansas, Feb-
ruary 11, 1913; Maine, February 11, 1913; Illinois, February 13, 1913; North Da-
kota, February 14, 1913; Wisconsin, February 18, 1913; Indiana, February 19, 1913;
New Hampshire, February 19, 1913; Vermont, February 19, 1913; South Dakota,
February 19, 1913; Oklahoma, February 24, 1913; Ohio, February 25, 1913; Mis-
souri, March 7, 1913; New Mexico, March 13, 1913; Nebraska, March 14, 1913; New
Jersey, March 17, 1913; Tennessee, April 1, 1913; Pennsylvania, April 2, 1913; Con-
necticut, April 8, 1913.
Ratification was completed on April 8, 1913.
The amendment was subsequently ratified by Louisiana, June 11, 1914.
The amendment was rejected by Utah (and not subsequently ratified) on February
26, 1913.
AMENDMENT [XVIII.] 16
SECTION. 1. After one year from the ratification of this article the
manufacture, sale, or transportation of intoxicating liquors within,
the importation thereof into, or the exportation thereof from the
United States and all territory subject to the jurisdiction thereof for
beverage purposes is hereby prohibited.
SECTION. 2. The Congress, and the several States shall have con-
current power to enforce this article by appropriate legislation.
SECTION. 3. This article shall be inoperative unless it shall have
been ratified as an amendment to the Constitution by the legisla-
tures of the several States, as provided in the Constitution, within
seven years from the date of the submission hereof to the States
by the Congress.
The eighteenth amendment to the Constitution of the United States was proposed
to the legislatures of the several States by the Sixty-fifth Congress, on the 18th of
December, 1917, and was declared, in a proclamation of the Secretary of State,
dated the 29th of January, 1919, to have been ratified by the legislatures of 36 of
the 48 States. The dates of ratification were: Mississippi, January 8, 1918; Virginia,
16 Repealed by section 1 of amendment XXI.
January 11, 1918; Kentucky, January 14, 1918; North Dakota, January 25, 1918;
South Carolina, January 29, 1918; Maryland, February 13, 1918; Montana, Feb-
ruary 19, 1918; Texas, March 4, 1918; Delaware, March 18, 1918; South Dakota,
March 20, 1918; Massachusetts, April 2, 1918; Arizona, May 24, 1918; Georgia, June
26, 1918; Louisiana, August 3, 1918; Florida, December 3, 1918; Michigan, January
2, 1919; Ohio, January 7, 1919; Oklahoma, January 7, 1919; Idaho, January 8, 1919;
Maine, January 8, 1919; West Virginia, January 9, 1919; California, January 13,
1919; Tennessee, January 13, 1919; Washington, January 13, 1919; Arkansas, Janu-
ary 14, 1919; Kansas, January 14, 1919; Alabama, January 15, 1919; Colorado, Jan-
uary 15, 1919; Iowa, January 15, 1919; New Hampshire, January 15, 1919; Oregon,
January 15, 1919; Nebraska, January 16, 1919; North Carolina, January 16, 1919;
Utah, January 16, 1919; Missouri, January 16, 1919; Wyoming, January 16, 1919.
Ratification was completed on January 16, 1919. See Dillon v. Gloss, 256 U.S.
368, 376 (1921).
The amendment was subsequently ratified by Minnesota on January 17, 1919;
Wisconsin, January 17, 1919; New Mexico, January 20, 1919; Nevada, January 21,
1919; New York, January 29, 1919; Vermont, January 29, 1919; Pennsylvania, Feb-
ruary 25, 1919; Connecticut, May 6, 1919; and New Jersey, March 9, 1922.
The amendment was rejected (and not subsequently ratified) by Rhode Island.
AMENDMENT [XIX.]
The right of citizens of the United States to vote shall not be de-
nied or abridged by the United States or by any State on account
of sex.
Congress shall have power to enforce this article by appropriate
legislation.
The nineteenth amendment to the Constitution of the United States was proposed
to the legislatures of the several States by the Sixty-sixth Congress, on the 4th of
June, 1919, and was declared, in a proclamation of the Secretary of State, dated the
26th of August, 1920, to have been ratified by the legislatures of 36 of the 48 States.
The dates of ratification were: Illinois, June 10, 1919 (and that State readopted its
resolution of ratification June 17, 1919); Michigan, June 10, 1919; Wisconsin, June
10, 1919; Kansas, June 16, 1919; New York, June 16, 1919; Ohio, June 16, 1919;
Pennsylvania, June 24, 1919; Massachusetts, June 25, 1919; Texas, June 28, 1919;
Iowa, July 2, 1919; Missouri, July 3, 1919; Arkansas, July 28, 1919; Montana, Au-
gust 2, 1919; Nebraska, August 2, 1919; Minnesota, September 8, 1919; New Hamp-
shire, September 10, 1919; Utah, October 2, 1919; California, November 1, 1919;
Maine, November 5, 1919; North Dakota, December 1, 1919; South Dakota, Decem-
ber 4, 1919; Colorado, December 15, 1919; Kentucky, January 6, 1920; Rhode Island,
January 6, 1920; Oregon, January 13, 1920; Indiana, January 16, 1920; Wyoming,
January 27, 1920; Nevada, February 7, 1920; New Jersey, February 9, 1920; Idaho,
February 11, 1920; Arizona, February 12, 1920; New Mexico, February 21, 1920;
Oklahoma, February 28, 1920; West Virginia, March 10, 1920; Washington, March
22, 1920; Tennessee, August 18, 1920.
Ratification was completed on August 18, 1920.
The amendment was subsequently ratified by Connecticut on September 14, 1920
(and that State reaffirmed on September 21, 1920); Vermont, February 8, 1921;
Delaware, March 6, 1923 (after having rejected it on June 2, 1920); Maryland,
March 29, 1941 (after having rejected it on February 24, 1920, ratification certified
on February 25, 1958); Virginia, February 21, 1952 (after having rejected it on Feb-
ruary 12, 1920); Alabama, September 8, 1953 (after having rejected it on September
22, 1919); Florida, May 13, 1969; South Carolina, July 1, 1969 (after having rejected
it on January 28, 1920, ratification certified on August 22, 1973); Georgia, February
20, 1970 (after having rejected it on July 24, 1919); Louisiana, June 11, 1970 (after
having rejected it on July 1, 1920); North Carolina, May 6, 1971; Mississippi, March
22, 1984 (after having rejected it on March 29, 1920).
AMENDMENT [XX.]
SECTION. 1. The terms of the President and Vice President shall
end at noon on the 20th day of January, and the terms of Senators
and Representatives at noon on the 3d day of January, of the years
in which such terms would have ended if this article had not been
ratified; and the terms of their successors shall then begin.
SECTION. 2. The Congress shall assemble at least once in every
year, and such meeting shall begin at noon on the 3d day of Janu-
ary, unless they shall by law appoint a different day.
SECTION. 3. If, at the time fixed for the beginning of the term of
the President, the President elect shall have died, the Vice Presi-
dent elect shall become President. If a President shall not have
been chosen before the time fixed for the beginning of his term, or
if the President elect shall have failed to qualify, then the Vice
President elect shall act as President until a President shall have
qualified; and the Congress may by law provide for the case where-
in neither a President elect nor a Vice President elect shall have
qualified, declaring who shall then act as President, or the manner
in which one who is to act shall be selected, and such person shall
act accordingly until a President or Vice President shall have quali-
fied.
SECTION. 4. The Congress may by law provide for the case of the
death of any of the persons from whom the House of Representa-
tives may choose a President whenever the right of choice shall
have devolved upon them, and for the case of the death of any of
the persons from whom the Senate may choose a Vice President
whenever the right of choice shall have devolved upon them.
SECTION. 5. Sections 1 and 2 shall take effect on the 15th day
of October following the ratification of this article.
tures of three-fourths of the several States within seven years from
the date of its submission.
The twentieth amendment to the Constitution was proposed to the legislatures of
the several States by the Seventy-Second Congress, on the 2d day of March, 1932,
and was declared, in a proclamation by the Secretary of State, dated on the 6th day
of February, 1933, to have been ratified by the legislatures of 36 of the 48 States.
The dates of ratification were: Virginia, March 4, 1932; New York, March 11, 1932;
Mississippi, March 16, 1932; Arkansas, March 17, 1932; Kentucky, March 17, 1932;
New Jersey, March 21, 1932; South Carolina, March 25, 1932; Michigan, March 31,
1932; Maine, April 1, 1932; Rhode Island, April 14, 1932; Illinois, April 21, 1932;
Louisiana, June 22, 1932; West Virginia, July 30, 1932; Pennsylvania, August 11,
1932; Indiana, August 15, 1932; Texas, September 7, 1932; Alabama, September 13,
1932; California, January 4, 1933; North Carolina, January 5, 1933; North Dakota,
January 9, 1933; Minnesota, January 12, 1933; Arizona, January 13, 1933; Mon-
tana, January 13, 1933; Nebraska, January 13, 1933; Oklahoma, January 13, 1933;
Kansas, January 16, 1933; Oregon, January 16, 1933; Delaware, January 19, 1933;
Washington, January 19, 1933; Wyoming, January 19, 1933; Iowa, January 20,
1933; South Dakota, January 20, 1933; Tennessee, January 20, 1933; Idaho, Janu-
ary 21, 1933; New Mexico, January 21, 1933; Georgia, January 23, 1933; Missouri,
January 23, 1933; Ohio, January 23, 1933; Utah, January 23, 1933.
Ratification was completed on January 23, 1933.
The amendment was subsequently ratified by Massachusetts on January 24, 1933;
Wisconsin, January 24, 1933; Colorado, January 24, 1933; Nevada, January 26,
1933; Connecticut, January 27, 1933; New Hampshire, January 31, 1933; Vermont,
February 2, 1933; Maryland, March 24, 1933; Florida, April 26, 1933.
AMENDMENT [XXI.]
SECTION. 1. The eighteenth article of amendment to the Constitu-
tion of the United States is hereby repealed.
SECTION. 2. The transportation or importation into any State,
Territory, or possession of the United States for delivery or use
therein of intoxicating liquors, in violation of the laws thereof, is
hereby prohibited.
been ratified as an amendment to the Constitution by conventions
in the several States, as provided in the Constitution, within seven
years from the date of the submission hereof to the States by the
Congress.
The twenty-first amendment to the Constitution was proposed to the several
States by the Seventy-Second Congress, on the 20th day of February, 1933, and was
declared, in a proclamation by the Secretary of State, dated on the 5th day of De-
cember, 1933, to have been ratified by 36 of the 48 States. The dates of ratification
were: Michigan, April 10, 1933; Wisconsin, April 25, 1933; Rhode Island, May 8,
1933; Wyoming, May 25, 1933; New Jersey, June 1, 1933; Delaware, June 24, 1933;
Indiana, June 26, 1933; Massachusetts, June 26, 1933; New York, June 27, 1933;
Illinois, July 10, 1933; Iowa, July 10, 1933; Connecticut, July 11, 1933; New Hamp-
shire, July 11, 1933; California, July 24, 1933; West Virginia, July 25, 1933; Arkan-
sas, August 1, 1933; Oregon, August 7, 1933; Alabama, August 8, 1933; Tennessee,
August 11, 1933; Missouri, August 29, 1933; Arizona, September 5, 1933; Nevada,
September 5, 1933; Vermont, September 23, 1933; Colorado, September 26, 1933;
Washington, October 3, 1933; Minnesota, October 10, 1933; Idaho, October 17, 1933;
Maryland, October 18, 1933; Virginia, October 25, 1933; New Mexico, November 2,
1933; Florida, November 14, 1933; Texas, November 24, 1933; Kentucky, November
27, 1933; Ohio, December 5, 1933; Pennsylvania, December 5, 1933; Utah, December
5, 1933.
Ratification was completed on December 5, 1933.
The amendment was subsequently ratified by Maine, on December 6, 1933, and
by Montana, on August 6, 1934.
The amendment was rejected (and not subsequently ratified) by South Carolina,
on December 4, 1933.
AMENDMENT [XXII.]
SECTION. 1. No person shall be elected to the office of the Presi-
dent more than twice, and no person who has held the office of
President, or acted as President, for more than two years of a term
to which some other person was elected President shall be elected
to the office of the President more than once. But this Article shall
not apply to any person holding the office of President when this
Article was proposed by the Congress, and shall not prevent any
person who may be holding the office of President, or acting as
President, during the term within which this Article becomes oper-
ative from holding the office of President or acting as President
during the remainder of such term.
tures of three-fourths of the several States within seven years from
the date of its submission to the States by the Congress.
This amendment was proposed to the legislatures of the several States by the
Eightieth Congress on March 21, 1947 by House Joint Res. No. 27, and was declared
by the Administrator of General Services, on March 1, 1951, to have been ratified
by the legislatures of 36 of the 48 States. The dates of ratification were: Maine,
March 31, 1947; Michigan, March 31, 1947; Iowa, April 1, 1947; Kansas, April 1,
1947; New Hampshire, April 1, 1947; Delaware, April 2, 1947; Illinois, April 3, 1947;
Oregon, April 3, 1947; Colorado, April 12, 1947; California, April 15, 1947; New Jer-
sey, April 15, 1947; Vermont, April 15, 1947; Ohio, April 16, 1947; Wisconsin, April
16, 1947; Pennsylvania, April 29, 1947; Connecticut, May 21, 1947; Missouri, May
22, 1947; Nebraska, May 23, 1947; Virginia, January 28, 1948; Mississippi, Feb-
ruary 12, 1948; New York, March 9, 1948; South Dakota, January 21, 1949; North
Dakota, February 25, 1949; Louisiana, May 17, 1950; Montana, January 25, 1951;
Indiana, January 29, 1951; Idaho, January 30, 1951; New Mexico, February 12,
1951; Wyoming, February 12, 1951; Arkansas, February 15, 1951; Georgia, Feb-
ruary 17, 1951; Tennessee, February 20, 1951; Texas, February 22, 1951; Nevada,
February 26, 1951; Utah, February 26, 1951; Minnesota, February 27, 1951.
The amendment was subsequently ratified by North Carolina on February 28,
1951; South Carolina, March 13, 1951; Maryland, March 14, 1951; Florida, April 16,
1951; Alabama, May 4, 1951.
The amendment was rejected (and not subsequently ratified) by Oklahoma in
June 1947, and Massachusetts on June 9, 1949.
CERTIFICATION OF VALIDITY
Publication of the certifying statement of the Administrator of General Services
that the amendment had become valid was made on March 1, 1951, F.R. Doc. 51–
2940, 16 F.R. 2019.
AMENDMENT [XXIII.]
SECTION. 1. The District constituting the seat of Government of
the United States shall appoint in such manner as the Congress
may direct:
A number of electors of President and Vice President equal to the
whole number of Senators and Representatives in Congress to
which the District would be entitled if it were a State, but in no
event more than the least populous State; they shall be in addition
to those appointed by the States, but they shall be considered, for
the purposes of the election of President and Vice President, to be
electors appointed by a State and they shall meet in the District
and perform such duties as provided by the twelfth article of
amendment.
This amendment was proposed by the Eighty-sixth Congress on June 17, 1960
and was declared by the Administrator of General Services on April 3, 1961, to have
been ratified by 38 of the 50 States. The dates of ratification were: Hawaii, June
23, 1960 (and that State made a technical correction to its resolution on June 30,
1960); Massachusetts, August 22, 1960; New Jersey, December 19, 1960; New York,
January 17, 1961; California, January 19, 1961; Oregon, January 27, 1961; Mary-
land, January 30, 1961; Idaho, January 31, 1961; Maine, January 31, 1961; Min-
nesota, January 31, 1961; New Mexico, February 1, 1961; Nevada, February 2, 1961;
Montana, February 6, 1961; South Dakota, February 6, 1961; Colorado, February
8, 1961; Washington, February 9, 1961; West Virginia, February 9, 1961; Alaska,
February 10, 1961; Wyoming, February 13, 1961; Delaware, February 20, 1961;
Utah, February 21, 1961; Wisconsin, February 21, 1961; Pennsylvania, February 28,
1961; Indiana, March 3, 1961; North Dakota, March 3, 1961; Tennessee, March 6,
1961; Michigan, March 8, 1961; Connecticut, March 9, 1961; Arizona, March 10,
1961; Illinois, March 14, 1961; Nebraska, March 15, 1961; Vermont, March 15, 1961;
Iowa, March 16, 1961; Missouri, March 20, 1961; Oklahoma, March 21, 1961; Rhode
Island, March 22, 1961; Kansas, March 29, 1961; Ohio, March 29, 1961.
Ratification was completed on March 29, 1961.
The amendment was subsequently ratified by New Hampshire on March 30, 1961
(when that State annulled and then repeated its ratification of March 29, 1961).
The amendment was rejected (and not subsequently ratified) by Arkansas on Jan-
uary 24, 1961.
that the amendment had become valid was made on April 3, 1961, F.R. Doc. 61–
3017, 26 F.R. 2808.
AMENDMENT [XXIV.]
SECTION. 1. The right of citizens of the United States to vote in
any primary or other election for President or Vice President, for
electors for President or Vice President, or for Senator or Rep-
resentative in Congress, shall not be denied or abridged by the
United States or any State by reason of failure to pay any poll tax
or other tax.
This amendment was proposed by the Eighty-seventh Congress by Senate Joint
Resolution No. 29, which was approved by the Senate on March 27, 1962, and by
the House of Representatives on August 27, 1962. It was declared by the Adminis-
trator of General Services on February 4, 1964, to have been ratified by the legisla-
tures of 38 of the 50 States.
This amendment was ratified by the following States:
Illinois, November 14, 1962; New Jersey, December 3, 1962; Oregon, January 25,
1963; Montana, January 28, 1963; West Virginia, February 1, 1963; New York, Feb-
ruary 4, 1963; Maryland, February 6, 1963; California, February 7, 1963; Alaska,
February 11, 1963; Rhode Island, February 14, 1963; Indiana, February 19, 1963;
Utah, February 20, 1963; Michigan, February 20, 1963; Colorado, February 21,
1963; Ohio, February 27, 1963; Minnesota, February 27, 1963; New Mexico, March
5, 1963; Hawaii, March 6, 1963; North Dakota, March 7, 1963; Idaho, March 8,
1963; Washington, March 14, 1963; Vermont, March 15, 1963; Nevada, March 19,
1963; Connecticut, March 20, 1963; Tennessee, March 21, 1963; Pennsylvania,
March 25, 1963; Wisconsin, March 26, 1963; Kansas, March 28, 1963; Massachu-
setts, March 28, 1963; Nebraska, April 4, 1963; Florida, April 18, 1963; Iowa, April
24, 1963; Delaware, May 1, 1963; Missouri, May 13, 1963; New Hampshire, June
12, 1963; Kentucky, June 27, 1963; Maine, January 16, 1964; South Dakota, Janu-
ary 23, 1964; Virginia, February 25, 1977.
Ratification was completed on January 23, 1964.
The amendment was subsequently ratified by North Carolina on May 3, 1989.
The amendment was rejected by Mississippi (and not subsequently ratified) on
December 20, 1962.
that the amendment had become valid was made on February 5, 1964, F.R. Doc.
64–1229, 29 F.R. 1715.
AMENDMENT [XXV.]
SECTION. 1. In case of the removal of the President from office
or of his death or resignation, the Vice President shall become
President.
SECTION. 2. Whenever there is a vacancy in the office of the Vice
President, the President shall nominate a Vice President who shall
take office upon confirmation by a majority vote of both Houses of
Congress.
SECTION. 3. Whenever the President transmits to the President
pro tempore of the Senate and the Speaker of the House of Rep-
resentatives his written declaration that he is unable to discharge
the powers and duties of his office, and until he transmits to them
a written declaration to the contrary, such powers and duties shall
be discharged by the Vice President as Acting President.
SECTION. 4. Whenever the Vice President and a majority of either
the principal officers of the executive departments or of such other
body as Congress may by law provide, transmit to the President
pro tempore of the Senate and the Speaker of the House of Rep-
resentatives their written declaration that the President is unable
to discharge the powers and duties of his office, the Vice President
shall immediately assume the powers and duties of the office as
Acting President.
Thereafter, when the President transmits to the President pro
tempore of the Senate and the Speaker of the House of Representa-
tives his written declaration that no inability exists, he shall re-
sume the powers and duties of his office unless the Vice President
and a majority of either the principal officers of the executive de-
partment 17 or of such other body as Congress may by law provide,
transmit within four days to the President pro tempore of the Sen-
ate and the Speaker of the House of Representatives their written
declaration that the President is unable to discharge the powers
and duties of his office. Thereupon Congress shall decide the issue,
assembling within forty-eight hours for that purpose if not in ses-
sion. If the Congress, within twenty-one days after receipt of the
latter written declaration, or, if Congress is not in session, within
twenty-one days after Congress is required to assemble, determines
by two-thirds vote of both Houses that the President is unable to
discharge the powers and duties of his office, the Vice President
shall continue to discharge the same as Acting President; other-
wise, the President shall resume the powers and duties of his of-
fice.
This amendment was proposed by the Eighty-ninth Congress by Senate Joint Res-
olution No. 1, which was approved by the Senate on February 19, 1965, and by the
House of Representatives, in amended form, on April 13, 1965. The House of Rep-
resentatives agreed to a Conference Report on June 30, 1965, and the Senate agreed
to the Conference Report on July 6, 1965. It was declared by the Administrator of
General Services, on February 23, 1967, to have been ratified by the legislatures of
39 of the 50 States.
This amendment was ratified by the following States:
Nebraska, July 12, 1965; Wisconsin, July 13, 1965; Oklahoma, July 16, 1965;
Massachusetts, August 9, 1965; Pennsylvania, August 18, 1965; Kentucky, Sep-
tember 15, 1965; Arizona, September 22, 1965; Michigan, October 5, 1965; Indiana,
October 20, 1965, California; October 21, 1965; Arkansas, November 4, 1965; New
Jersey, November 29, 1965; Delaware, December 7, 1965; Utah, January 17, 1966;
West Virginia, January 20, 1966; Maine, January 24, 1966; Rhode Island, January
28, 1966; Colorado, February 3, 1966; New Mexico, February 3, 1966; Kansas, Feb-
ruary 8, 1966; Vermont, February 10, 1966; Alaska, February 18, 1966; Idaho,
March 2, 1966; Hawaii, March 3, 1966; Virginia, March 8, 1966; Mississippi, March
10, 1966; New York, March 14, 1966; Maryland, March 23, 1966; Missouri, March
30, 1966; New Hampshire, June 13, 1966; Louisiana, July 5, 1966; Tennessee, Janu-
ary 12, 1967; Wyoming, January 25, 1967; Washington, January 26, 1967; Iowa;
January 26, 1967; Oregon, February 2, 1967; Minnesota, February 10, 1967; Ne-
vada, February 10, 1967.
The amendment was subsequently ratified by Connecticut, February 14, 1967;
Montana, February 15, 1967; South Dakota, March 6, 1967; Ohio, March 7, 1967;
Alabama, March 14, 1967; North Carolina, March 22, 1967; Illinois, March 22, 1967;
Texas, April 25, 1967; Florida, May 25, 1967.
17 So in original. Probably be ‘‘departments’’.
that the amendment had become valid was made on February 25, 1967, F.R. Doc.
67–2208, 32 F.R. 3287.
AMENDMENT [XXVI.]
SECTION. 1. The right of citizens of the United States, who are
eighteen years of age or older, to vote shall not be denied or
abridged by the United States or by any State on account of age.
This amendment was proposed by the Ninety-second Congress by Senate Joint
Resolution No. 7, which was approved by the Senate on March 10, 1971, and by the
House of Representatives on March 23, 1971. It was declared by the Administrator
of General Services on July 5, 1971, to have been ratified by the legislatures of 39
of the 50 States.
This amendment was ratified by the following States: Connecticut, March 23,
1971; Delaware, March 23, 1971; Minnesota, March 23, 1971; Tennessee, March 23,
1971; Washington, March 23, 1971; Hawaii, March 24, 1971; Massachusetts, March
24, 1971; Montana, March 29, 1971; Arkansas, March 30, 1971; Idaho, March 30,
1971; Iowa, March 30, 1971; Nebraska, April 2, 1971; New Jersey, April 3, 1971;
Kansas, April 7, 1971; Michigan, April 7, 1971; Alaska, April 8, 1971; Maryland,
April 8, 1971; Indiana, April 8, 1971, Maine, April 9, 1971; Vermont, April 16, 1971;
Louisiana, April 17, 1971; California, April 19, 1971; Colorado, April 27, 1971; Penn-
sylvania, April 27, 1971; Texas, April 27, 1971; South Carolina, April 28, 1971; West
Virginia, April 28, 1971; New Hampshire, May 13, 1971; Arizona, May 14, 1971;
Rhode Island, May 27, 1971; New York, June 2, 1971; Oregon, June 4, 1971; Mis-
souri, June 14, 1971; Wisconsin, June 22, 1971; Illinois, June 29, 1971; Alabama,
June 30, 1971; Ohio, June 30, 1971; North Carolina, July 1, 1971; Oklahoma, July
1, 1971.
Ratification was completed on July 1, 1971.
The amendment was subsequently ratified by Virginia, July 8, 1971; Wyoming,
July 8, 1971; Georgia, October 4, 1971.
that the amendment had become valid was made on July 7, 1971, F.R. Doc. 71–
9691, 36 F.R. 12725.
AMENDMENT [XXVII.]
Article the Second . . . No law, varying the compensation for the
services of the Senators and Representatives, shall take effect,
until an election of Representatives shall have intervened.
This amendment, being the second of twelve articles proposed by the First Con-
gress on September 25, 1789, was declared by the Archivist of the United States
on May 18, 1992, to have been ratified by the legislatures of 40 of the 50 States.
This amendment was ratified by the following States: Maryland, December 19,
1789; North Carolina, December 22, 1789; South Carolina, January 19, 1790; Dela-
ware, January 28, 1790; Vermont, November 3, 1791; Virginia, December 15, 1791;
Ohio, May 6, 1873; Wyoming, March 6, 1978; Maine, April 27, 1983; Colorado, April
22, 1984; South Dakota, February 21, 1985; New Hampshire, March 7, 1985; Ari-
zona, April 3, 1985; Tennessee, May 23, 1985; Oklahoma, July 10, 1985; New Mex-
ico, February 14, 1986; Indiana, February 24, 1986; Utah, February 25, 1986; Ar-
kansas, March 6, 1987; Montana, March 17, 1987; Connecticut, May 13, 1987; Wis-
consin, July 15, 1987; Georgia, February 2, 1988; West Virginia, March 10, 1988;
Louisiana, July 7, 1988; Iowa, February 9, 1989; Idaho, March 23, 1989; Nevada,
April 26, 1989; Alaska, May 6, 1989; Oregon, May 19, 1989; Minnesota, May 22,
1989; Texas, May 25, 1989; Kansas, April 5, 1990; Florida, May 31, 1990; North Da-
kota, March 25, 1991; Alabama, May 5, 1992; Missouri, May 5, 1992; Michigan, May
7, 1992; New Jersey, May 7, 1992.
Ratification was completed on May 7, 1992.
The amendment was subsequently ratified by Illinois on May 12, 1992, and by
California on June 26, 1992.
Publication of the certifying statement of the Archivist of the United States that
the amendment had become valid was made on May 18, 1992, F.R. Doc. 92–11951,
57 F.R. 21187.
[EDITORIAL NOTE: There is some conflict as to the exact dates of
ratification of the amendments by the several States. In some
cases, the resolutions of ratification were signed by the officers of
the legislatures on dates subsequent to that on which the second
house had acted. In other cases, the Governors of several of the
States ‘‘approved’’ the resolutions (on a subsequent date), although
action by the Governor is not contemplated by article V, which re-
quired ratification by the legislatures (or conventions) only. In a
number of cases, the journals of the State legislatures are not
available. The dates set out in this document are based upon the
best information available.]
PROPOSED AMENDMENTS TO THE
CONSTITUTION NOT RATIFIED BY THE STATES
During the course of our history, in addition to the 27 amend-
ments that have been ratified by the required three-fourths of the
States, six other amendments have been submitted to the States
but have not been ratified by them.
Beginning with the proposed Eighteenth Amendment, Congress
has customarily included a provision requiring ratification within
seven years from the time of the submission to the States. The Su-
preme Court in Coleman v. Miller, 307 U.S. 433 (1939), declared
that the question of the reasonableness of the time within which
a sufficient number of States must act is a political question to be
determined by the Congress.
In 1789, twelve proposed articles of amendment were submitted
to the States. Of these, Articles III-XII were ratified and became
the first ten amendments to the Constitution, popularly known as
the Bill of Rights. In 1992, proposed Article II was ratified and be-
came the 27th amendment to the Constitution. Proposed Article I
which was not ratified is as follows:
‘‘ARTICLE THE FIRST
‘‘After the first enumeration required by the first article of the Constitution, there
shall be one Representative for every thirty thousand, until the number shall
amount to one hundred, after which the proportion shall be so regulated by Con-
gress, that there shall be not less than one hundred Representatives, nor less than
one Representative for every forty thousand persons, until the number of Represent-
atives shall amount to two hundred; after which the proportion shall be so regulated
by Congress, that there shall not be less than two hundred Representatives, nor
more than one Representative for every fifty thousand persons.’’
Thereafter, in the 2d session of the Eleventh Congress, the Con-

gress proposed the following article of amendment to the Constitu-
tion relating to acceptance by citizens of the United States of titles
of nobility from any foreign government.
The proposed amendment, which was not ratified by three-
fourths of the States, is as follows:
Resolved by the Senate and House of Representatives of the United States of Amer-
ica in Congress assembled, two thirds of both houses concurring, That the following
section be submitted to the legislatures of the several states, which, when ratified
by the legislatures of three fourths of the states, shall be valid and binding, as a
part of the constitution of the United States.
If any citizen of the United States shall accept, claim, receive or retain any title
of nobility or honour, or shall, without the consent of Congress, accept and retain
any present, pension, office or emolument of any kind whatever, from any emperor,
king, prince or foreign power, such person shall cease to be a citizen of the United
States, and shall be incapable of holding any office of trust or profit under them,
or either of them.
The following amendment to the Constitution relating to slavery
was proposed by the 2d session of the Thirty-sixth Congress on
March 2, 1861, when it passed the Senate, having previously
passed the House on February 28, 1861. It is interesting to note
in this connection that this is the only proposed (and not ratified)
amendment to the Constitution to have been signed by the Presi-
dent. The President’s signature is considered unnecessary because
of the constitutional provision that on the concurrence of two-thirds
of both Houses of Congress the proposal shall be submitted to the
States for ratification.
ica in Congress assembled, That the following article be proposed to the Legislatures
of the several States as an amendment to the Constitution of the United States,
which, when ratified by three-fourths of said Legislatures, shall be valid, to all in-
tents and purposes, as part of the said Constitution, viz:
‘‘ARTICLE THIRTEEN
‘‘No amendment shall be made to the Constitution which will authorize or give
to Congress the power to abolish or interfere, within any State, with the domestic
institutions thereof, including that of persons held to labor or service by the laws
of said State.’’
A child labor amendment was proposed by the lst session of the

Sixty-eighth Congress on June 2, 1926, when it passed the Senate,
having previously passed the House on April 26, 1926. The pro-
posed amendment, which has been ratified by 28 States, to date,
is as follows:
JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE
UNITED STATES
ica in Congress assembled (two-thirds of each House concurring therein), That the
following article is proposed as an amendment to the Constitution of the United
States, which, when ratified by the legislatures of three-fourths of the several
States, shall be valid to all intents and purposes as a part of the Constitution:
‘‘ARTICLE—.
‘‘SECTION 1. The Congress shall have power to limit, regulate, and prohibit the
labor of persons under eighteen years of age.
‘‘SECTION 2. The power of the several States is unimpaired by this article except
that the operation of State laws shall be suspended to the extent necessary to give
effect to legislation enacted by the Congress.’’
An amendment relative to equal rights for men and women was

proposed by the 2d session of the Ninety-second Congress on March
22, 1972, when it passed the Senate, having previously passed the
House on October 12, 1971. The seven-year deadline for ratification
of the proposed amendment was extended to June 30, 1982, by the
2d session of the Ninety-fifth Congress. The proposed amendment,
which was not ratified by three-fourths of the States by June 30,
1982, is as follows:
JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE
UNITED STATES RELATIVE TO EQUAL RIGHTS FOR MEN AND WOMEN
States, which shall be valid to all intents and purposes as part of the Constitution
when ratified by the legislatures of three-fourths of the several States within seven
years from the date of its submission by the Congress:
‘‘ARTICLE—
‘‘SECTION 1. Equality of rights under the law shall not be denied or abridged by
the United States or by any State on account of sex.
‘‘SECTION 2. The Congress shall have the power to enforce, by appropriate legisla-
tion, the provisions of this article.
‘‘SECTION 3. amendment shall take effect two years after the date of ratification.’’
An amendment relative to voting rights for the District of Colum-

bia was proposed by the 2d session of the Ninety-fifth Congress on
August 22, 1978, when it passed the Senate, having previous
passed the House on March 2, 1978. The proposed amendment,
which was not ratified by three-fourths of the States within the
specified seven-year period, is as follows:
JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION ON TO
PROVIDE FOR REPRESENTATION OF THE DISTRICT OF COLUMBIA IN THE CONGRESS.
States, which shall be valid to all intents and purposes as part of the Constitution
when ratified by the legislatures of three-fourths of the several States within seven
years from the date of its submission by the Congress:
‘‘ARTICLE—
‘‘SECTION 1. For purposes of representation in the Congress, election of the Presi-
dent and Vice President, and article V of this Constitution, the District constituting
the seat of government of the United States shall be treated as though it were a
State.
‘‘SECTION 2. The exercise of the rights and powers conferred under this article
shall be by the people of the District constituting the seat of government, and as
shall be provided by the Congress.
‘‘SECTION 3. The twenty-third article of amendment to the Constitution of the
United States is hereby repealed.
‘‘SECTION 4. This article shall be inoperative, unless it shall have been ratified as
an amendment to the Constitution by the legislatures of three-fourths of the several
States within seven years from the date of its submission.’’
INDEX
[The terms are cross-referenced to the question numbers in the text. The terms
with an asterisk (*) are also included in the Glossary of Legislative Terms in
the Appendix.]
Page
Acts of Congress* .................................. 47–50, 66, 67, 70–74, 88–89, 99–103, 166, 167
Adjournment of Congress* .............................................................................. 71, 99–103
Amendments to the Constitution* (See Constitution. The complete text of
the U.S. Constitution, with its amendments, is printed in the Appendix.)
Annals of Congress (See also Congressional Record) .................................................. 75
Apportionment (See also State Population and House Apportionment, in the
Appendix) .............................................................................................................. 18, 19
Appropriation*.................................................................................................. 48–50, 122
Armed Forces ......................................................................................... 53, 56, 57, 96–98
Architect of the Capitol.................................................................................................. 42
Articles of Confederation ................................................................................................. 5
Authorization* ................................................................................................................ 49
Bill of Rights* (See also Constitution. The complete text of the U.S. Constitu-
tion, with its amendments, is printed in the Appendix) ................................... 5, 7, 8
Bills in Congress* .............................................................................. 70–75, 80, 166, 167
Bipartisanship*
Budget*................................................................................................... 42, 43, 44, 51, 52
Cabinet ............................................................................................. 53, 54, 110, 119, 120
Calendar*.............................................................................................................. 166, 167
Caucus* ..................................................................................................................... 36, 37
Chaplain:
House ........................................................................................................... 26, 27, 64
Senate ................................................................................................................ 32, 64
Checks and Balances ............................................................................................. 13, 143
Civil Service System ............................................................................................ 124–126
Citizenship ................................................................................................................ 3, 151
Clerk of House .......................................................................................................... 26, 27
Cloture* (See Senate, Debate)
Code of Federal Regulations........................................................................................ 154
Committee of the Whole* ........................................................................................ 61, 72
Confirmation* ........................................................................................................... 53, 54
Congress* (See also Congressional Committees, Congressional Process, Con-
gressional Rules, House, Senate)......................................................................... 14–91
Constitutional Powers....................................................................................... 53–57
Joint Sessions* ........................................................................................................ 76
Office Space ............................................................................................................. 41
Session*
Term ......................................................................................................................... 16
Congressional Budget Office and Process............................................ 42, 43, 44, 51, 52
Page
Congressional Caucuses and Conferences:
Party Caucuses and Conferences........................................................................... 36
Other types .............................................................................................................. 37
Congressional Committees ...................................................................................... 79–91
Appropriations Committees.............................................................................. 48–50
Budget Committee ...................................................................................... 43, 51, 52
Chairmanship .......................................................................................................... 91
Conference Committee ............................................................................................ 80
Hearings............................................................................................................. 88–90
Joint Committees .................................................................................................... 87
Legislation ............................................................................................. 47–53, 70–74
Ranking Minority Member ..................................................................................... 91
Rules Committee (House and Senate) ................................................................... 59
Select Committees............................................................................................. 79, 86
Seniority Rule.......................................................................................................... 91
Standing Committees ................................................................................. 79, 81–85
Congressional Districts ............................................................................................ 18, 19
Gerrymandering*
Redistricting* (See State Population and House Apportionment, in the
Appendix)
Congressional Documents ............................................................. 75, 158, 160, 166–168
Congressional Globe ....................................................................................................... 75
Congressional Interns and Volunteers ......................................................................... 45
Congressional Process and Powers........... 47–78 99–103, 106–107, 117–118, 121–123,
128, 131, 132, 138–141, 143, 144
Appropriations* ......................................................................................... 48–50, 122
Authorizations* ............................................................................................... 49, 122
Budget........................................................................................................ 51, 52, 103
Confirmation............................................................................................................ 54
Hearings*........................................................................................................... 88–90
Oversight ................................................................................................. 14, 123, 128
Tax Bills................................................................................................................... 47
Congressional Record..................................................................................... 75, 166, 167
Congressional Research Service .............................................................................. 42–44
Congressional Rules* ............................................................................................... 58–78
Acts of Congress.......................................................................... 70–75, 80, 166, 167
Bills and other measures ........................................................... 70–75, 80, 166, 167
Calendars* ..................................................................................................... 166, 167
Debate (and Cloture) ........................................................................................ 68, 69
Parliamentarians..................................................................................................... 62
Point of Order*
Quorum* .................................................................................................................. 60
Rules Committee ..................................................................................................... 59
Special Rules*
Suspension of Rules*
Tabling Motion*
Unanimous Consent* .............................................................................................. 66
Voting in Congress .................................................................................................. 67
Congressional Service Organizations and Caucuses ................................................... 37
Congressional Support Agencies ............................................................................. 42–44
Congressional Staff and Services ............................................................................ 42–46
Constitution* (See also the complete text of the U.S. Constitution, with its
amendments, in the Appendix).............................................................................. 1–13
Amending Process* ....................................................................................... 9, 10, 12
Amendments ................................................................................... 5–8, 11, 109, 151
Page
Constitution* (See also the complete text of the U.S. Constitution, with its
amendments, in the Appendix)—Continued
Principles Behind............................................................................................ 1, 6, 13
Supreme Law of the Land................................................................................ 5, 129
Contacting Elected Officials ........................................................................................ 169
Contempt of Congress*
Continuing Resolution*
Courts (See Judicial Branch)
Democracy......................................................................................................................... 2
Depository Libraries..................................................................................................... 158
Discharge Petition*
Election to Office (See also Electoral College).................................................... 146–153
Administration of Elections.................................................................................. 152
Election Day .......................................................................................................... 153
President ............................................................................... 106, 107, 114, 146–149
Representatives ............................................................................ 15, 18, 19, 23, 150
Senators..................................................................................................... 15, 23, 150
Vice President ............................................................................... 114, 115, 146–148
Voter Qualifications .............................................................................................. 151
Electoral College................................................................................... 114–115, 147–149
‘‘Equal Justice Under the Law’’................................................................................... 130
Executive Branch ................................................................................................... 92–126
Executive Departments and Agencies (See also Cabinet) ................................. 121–126
Executive Journal of House and Senate....................................................................... 75
Executive Office of the President.................................................................................. 93
Federal Information Center......................................................................................... 159
Federal Register ................................................................................................... 154, 155
Federalism ........................................................................................................................ 2
Federalist Papers ........................................................................................................... 13
Filibuster (See Senate, Debate)
Freedom of Information Act ................................................................................ 162–165
General Accounting Office ....................................................................................... 42–44
Gerrymandering* (See Congressional Districts)
Government Printing Office .................................................................................. 42, 167
House of Representatives ...................................................................... 14–30, 33–38, 41
Legislative Counsel ................................................................................................. 44
Officers of House ............................................................................................... 26–30
Majority Party....................................................................................... 33–36, 64, 65
Minority Party ...................................................................................... 33–36, 64, 65
Quorum* .................................................................................................................. 60
Whips ....................................................................................................................... 35
Impeachment and Removal from Office:
Justices and Judges ................................................................................. 53, 55, 142–144
President, Vice President and other U.S. Officers ................................. 53, 55, 109
Independent Agencies and Commissions ........................................................... 127, 128
Information Resources ......................................................................................... 154–169
Judicial Branch (See also Justices and Judges)................................................. 129–145
Appeals Courts .............................................................................................. 131–139
District Courts............................................................................................... 131, 138
Justice System............................................................................................... 129, 130
Special Courts........................................................................................................ 140
Supreme Court .............................................................................................. 131–137
Justices and Judges ............................................................................................. 141–145
Impeachment and Removal .......................................................................... 142–144
Oath of Office ........................................................................................................ 145
Page
Justices and Judges—Continued
Opinions and Rulings ................................................................................... 136, 137
Qualifications......................................................................................................... 141
Tenure ............................................................................................................ 142–144
‘‘Lame Duck’’ Amendment ..................................................................................... 11, 104
Legislative Branch (See also Congress) .................................................................. 14–91
Legislative Counsel in House and Senate .................................................................... 44
Legislative Day*
Legislative Reorganization Acts .................................................................................... 79
Libraries:
Library of Congress .................................................................................. 42, 43, 160
National Agricultural Library.............................................................................. 161
National Library of Medicine ............................................................................... 161
Presidential Libraries ........................................................................................... 157
Members of Congress:
Delegates ........................................................................................................... 18, 21
Misconduct and Punishments .......................................................................... 24, 25
Qualifications........................................................................................................... 15
Representatives ........................................................................ 14, 15, 17, 18, 20, 38
Resident Commissioner .................................................................................... 18, 21
Senators .................................................................................... 16, 17, 19, 22, 41, 42
Memorials*
Merit Systems....................................................................................................... 124–126
National Archives ............................................................................ 74, 75, 154–157, 168
Nomination (See Confirmation)
Oaths of Office:
Members of Congress .............................................................................................. 24
Justices and Judges .............................................................................................. 145
President ................................................................................................................ 108
One-Minute Speech*
Oversight of Executive ................................................................................................. 123
Pages in Congress .......................................................................................................... 46
Parliamentarians............................................................................................................ 62
Petitions*
Pocket Veto* (See Veto by President)
Political Action Committee*
President of the Senate (See Senate; Vice President)
President of the United States
Addresses to Congress .......................................................................................... 118
Assassinations of ................................................................................................... 113
Constitutional Powers .......................................................... 54, 56, 57, 96–103, 117
Election.......................................................................... 106, 107, 112–114, 146–149
Executive Office of the President........................................................................... 93
Impeachment ........................................................................................................... 55
Inauguration............................................................................................................ 87
Nomination Power................................................................................................... 54
Oath........................................................................................................................ 108
Papers ............................................................................................................ 156–158
Powers and Roles ........................................................................................ 94, 96, 97
Presidential Libraries ........................................................................................... 157
President-Elect ...................................................................................................... 114
Qualifications......................................................................................................... 105
Resignation ............................................................................................................ 111
Term........................................................................................................... 11, 94, 104
Vacancy, Disability, Succession ................................................................... 109–114
Page
President Pro Tempore of Senate* ................................................................... 31, 36, 65
Presidential Libraries .................................................................................................. 157
Public Law*
Qualifications:
Justices .................................................................................................................. 141
President........................................................................................................ 105, 116
Vice President........................................................................................................ 116
Voters ..................................................................................................................... 151
Quorum*.......................................................................................................................... 60
Reapportionment* (See Apportionment)
Recess*
Redistricting* (See Congressional Districts)
Register of Debates in Congress ................................................................................... 75
Regulatory Commissions (See Independent Agencies)
Removal from Office:
President, Vice President, Justices, Judges, and others (See Impeach-
ment)
Representation.................................................................................................................. 2
Representatives (See Members of Congress)
Republic............................................................................................................................. 2
Rider Amendments*
Secretary for the Senate Majority................................................................................. 32
Secretary for the Senate Minority ................................................................................ 32
Secretary of the Senate.................................................................................................. 32
Senate ................................................................................................................. 14, 16, 17
Confirmation Power ................................................................................................ 54
Debate (and Cloture) ........................................................................................ 68, 69
Legislative Counsel ................................................................................................. 44
Majority Party ............................................................................................. 31–36, 65
Minority Party............................................................................................. 31–36, 65
Officers ..................................................................................................................... 32
President of Senate (See also Vice President) ................................................ 31, 65
Quorum* .................................................................................................................. 60
Treaties .................................................................................................................... 53
Whips ....................................................................................................................... 35
Senators (See Members of Congress)
Separation of Powers ..................................................................................................... 13
Sequestration .................................................................................................................. 52
Sergeant at Arms:
House ........................................................................................................... 26, 27, 67
Senate ...................................................................................................................... 32
Sine Die* (See Adjournment)
Speaker of the House.......................................... 26, 28–30, 36, 38, 41, 64, 69, 109, 110
State of the Union Address ......................................................................................... 118
Statutes at Large* (See also Acts of Congress)...................................................... 72–74
Supreme Court ..................................................................................................... 130–137
Opinions and Decisions ................................................................................ 136, 137
Procedures ..................................................................................................... 134, 135
Suspension of the Rules*
Unanimous Consent Requests*
United States Code ........................................................................................................ 74
Vacancies in Office:
House ....................................................................................................................... 23
Page
Vacancies in Office—Continued
Senate ...................................................................................................................... 23
President ........................................................................................................ 109–113
President-Elect ...................................................................................................... 114
Vice President................................................................................................ 109–113
Vice President-Elect .............................................................................................. 114
Veto by President*............................................................................... 72, 73, 96, 99–103
Vice President:
Election .................................................................................................. 115, 146–148
Impeachment..................................................................................................... 53, 55
President of Senate ........................................................................................... 31, 65
Qualifications......................................................................................................... 116
Resignation ............................................................................................................ 111
Succession ...................................................................................................... 109–116
Term................................................................................................................. 11, 104
Vice President-Elect .............................................................................................. 114
Visitors to Congress ................................................................................................. 78, 90
Voting in Elections................................................................................... 3, 147, 150, 151
War Powers* (See also Armed Forces; President)............................... 53, 56, 57, 96, 98

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108TH CONGRESS H. DOC.

Printed by authority of H. Con. Res. 139, 108th Congress

U.S. GOVERNMENT PRINTING OFFICE

For sale by the Superintendent of Documents, U.S. Government Printing Office

One Hundred Eighth Congress

ROBERT W. NEY, SAXBY CHAMBLISS,

DEMOCRACY AND ITS AMERICAN INTERPRETATION

George Washington ............................................................................... 2 ............ 2 ............

STATE APPORTIONMENT AND HOUSE APPORTIONMENT

[Based on the 2000 Census]

1990 Census 2000 Census Seat 2003

Apportion- Apportion- Overseas from district

Alabama ................................................................................... 4,040,587 7 4,461,130 14,030 420,543 10.41 7 ........ 635,300

Arizona ...................................................................................... 3,665,228 6 5,140,683 10,051 1,475,455 40.26 8 +2 641,329

Delaware ................................................................................... 666,168 1 785,068 1,468 118,900 17.85 1 ........ 783,600

Idaho ......................................................................................... 1,006,749 2 1,297,274 3,321 290,525 28.86 2 ........ 646,976

Kentucky ................................................................................... 3,685,296 6 4,049,431 7,662 364,135 9.88 6 ........ 673,628

Montana .................................................................................... 799,065 1 905,316 3,121 106,251 13.30 1 ........ 902,195

STATE APPORTIONMENT AND HOUSE APPORTIONMENT—Continued

[Based on the 2000 Census]

1990 Census 2000 Census Seat 2003

State Change from 1990

New York .................................................................................. 17,990,455 31 19,004,973 28,516 1,014,518 5.64 29 ¥2 654,361

Pennsylvania ............................................................................. 11,881,643 21 12,300,670 19,616 419,027 3.53 19 ¥2 646,371

Tennessee ................................................................................. 4,877,185 9 5,700,037 10,754 822,852 16.87 9 ........ 632,143

Virginia ..................................................................................... 6,187,358 11 7,100,702 22,187 913,344 14.76 11 ........ 643,501

SENATE HOUSE OF REPRESENTATIVES

34th ............ 1855–1857 62 42 15 5 ........ 234 83 108 43 ........

SENATE HOUSE OF REPRESENTATIVES

93d ............. 1973–1975 100 56 42 2 ........ 435 242 192 1 ........

THIRTEEN UNITED STATES OF AMERICA.

According to the Authenticated List Printed by Order of Congress of

GEORGIA, BUTTON GWINNETT, NEW-YORK, WM. FLOYD,

NORTH-CAROLINA, WM. HOOPER, NEW-JERSEY, RICHD. STOCKTON,

SOUTH-CAROLINA, EDWARD RUTLEDGE, NEW-HAMPSHIRE, JOSIAH BARTLETT,

MARYLAND, SAMUEL CHASE, MASSACHUSETTS- SAML. ADAMS,

VIRGINIA, GEORGE WYTHE, RHODE-ISLAND AND STEP. HOPKINS,

PENNSYLVANIA, ROBT. MORRIS, CONNECTICUT, ROGER SHERMAN,

DELAWARE, CAESAR RODNEY,

IN CONGRESS, JANUARY 18, 1777.

We the People of the United States, in Order to form a more perfect

In Witness whereof We have hereunto subscribed our

JOHN LANGDON GEO: READ

NATHANIEL GORHAM JAMES MCHENRY

WM SAML JOHNSON JOHN BLAIR

New Jersey North Carolina

WIL: LIVINGSTON WM BLOUNT

Pennsylvania South Carolina

Attest: WILLIAM JACKSON, Secretary

14 This sentence has been superseded by section 3 of amendment XX.

16 Repealed by section 1 of amendment XXI.

17 So in original. Probably be ‘‘departments’’.

Thereafter, in the 2d session of the Eleventh Congress, the Con-

A child labor amendment was proposed by the lst session of the

An amendment relative to equal rights for men and women was

An amendment relative to voting rights for the District of Colum-

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