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Proposed at the first session of the third Congress March 5th. 1791; and declared to have been adoptional number of States, Jany. 8th. 1798.


Judicial power.

See Art. ini. sec. 2.


Constitution, nor prohibited by it to the States, are reserved to the States respectively

, or te the people. Article the eleventh ....The Ju= dicial power of the Učnited States shall not be construed to extend to

any erite suit in law or

equity, commenced or prosecuted against of the United States by Citizens of another State,

by Citizens or 'Subjects of any Foreign State.

Article the twelfth...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 President, and in distinct ballots the person voted for as Vice-President, and they shall make distinctq lists of

Proposed Dec. 12th. 1803; and declared to have been adopted Sept. 25th. 1804.

Manner of electing the President and Vice-Presdent.


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Manner of electing the President and Vice-President.

all persons voted for as President, and of all persons voted for as Vice-Presi= dent, 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 countod; -The person having the greatest number of votes for President, shall | be the President, if such number be a|| majority of the whole number of Elec= bous appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Reprosentatives shall choose immediately, by

Manner of electing the President and Vice-President.

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.

to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of Moarch next following, then the Vice-President shall act as President, as in the

of the death or other constitutional disability of the President. --The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a


Manner of electing the President and Vice-President.

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

necessary to a choice. But person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

shall be necessary



Agreeable to the third paragraph of Art. II. Section I. of the original Constitution, Congress passed a law on the 23rd. of January, 1845, “ that the electors of President Election and Vice-President shall be appointed in each state on the Tuesday next after the first Monday in the month of November of the year in which they are to be appointed. Provided, That each state may by law provide for the filling of any vacancy or vacancies which may occur in its college of electors when such college meets to give its electoral vote. And provided also, When any state shall have held an election for the purpose of choosing electors, In case of and shall fail to make a choice on the day aforesaid, then ||tion. the electors may be appointed on a subsequent day in such manner as the state shall by law provide."

day determined by Congress.


Note. The Articles in addition to, and amendment of, the Constitution, have been numbered in the order of their adoption, (not as proposed). The 11th and 12th Articles were written on separate pieces of parchment, and were not numbered, when proposed; they have assumed the above titles by their adoption.

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