THE
CONSTITUTION
oftheUnitedStates
NATIONAL CONSTITUTION CENTER
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 secure 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.
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 Inhabitant of that State in which he
shall be chosen.
[Representatives and direct Taxes shall be apportioned
among the several States which may be included within
this Union, according to their respective Numbers, which
shall be determined by adding to the whole Number of
free Persons, including those bound to Service for a Term
of Years, and excluding Indians not taxed, three fifths of
all other Persons.]* The actual Enumeration shall be made
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
within three Years after the first Meeting of the Congress
of the United States, and within every subsequent Term of
ten Years, in such Manner as they shall by Law direct. The
Number of Representatives shall not exceed one for every
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, Virginia ten, North Carolina five, South Carolina five,
and Georgia three.
When vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of
Election to fill such Vacancies.
The House of Representatives shall 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 thereof,]* for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence
of the first Election, they shall be divided as equally as may
be into three Classes. The Seats of the Senators of the first
Class shall be vacated at the Expiration of the second Year,
of the second Class at the Expiration of the fourth Year, and
of the third Class at the Expiration of the sixth Year, so that
one third may be chosen every second Year; [and if Vacancies happen by Resignation, or otherwise, during the Recess
of the Legislature of any State, the Executive thereof may
make temporary Appointments until the next Meeting of
the Legislature, which shall then fill such Vacancies.]*
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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 Affirmation. When the President of the United
States is tried, the Chief Justice shall preside: And no
Person shall be convicted without the Concurrence of two
thirds of the Members present.
Judgment in Cases of Impeachment shall not extend
further than to removal from Office, and disqualification to
hold and enjoy any Office of honor, Trust or Profit under
the United States: but the Party convicted shall nevertheless
be liable and subject to Indictment, Trial, Judgment and
Punishment, according to Law.
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.
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 paid
out of the Treasury of the United States. They shall in all
Cases, except Treason, Felony and Breach of the Peace, be
privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either
House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time for
which he was elected, be appointed to any civil Office
under the Authority of the United States, which shall have
been created, or the Emoluments whereof shall have been
encreased during such time; and no Person holding any
Office under the United States, shall be a Member of either
House during his Continuance in Office.
The Congress shall assemble at least once in every Year, and
such Meeting shall be [on the first Monday in December,]*
unless they shall by Law appoint a different Day.
SECTION. 5.
Each House shall be the Judge of the Elections, Returns
and Qualifications of its own Members, and a Majority
of each shall constitute a Quorum to do Business; but a
smaller Number may adjourn from day to day, and may be
authorized to compel the Attendance of absent Members,
in such Manner, and under such Penalties as each House
may provide.
Each House may determine the Rules of its Proceedings,
punish its Members for disorderly Behaviour, and, with the
Concurrence of two thirds, expel a Member.
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
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SECTION. 7.
SECTION. 8.
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.
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;
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be
presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his
Objections to that House in which it shall have originated,
who shall enter the Objections at large on their Journal,
and proceed to reconsider it. If after such Reconsideration
two thirds of that House shall agree to pass the Bill, it shall
be sent, together with the Objections, to the other House,
by which it shall likewise be reconsidered, and if approved
by two thirds of that House, it shall become a Law. But in
all such Cases the Votes of both Houses shall be determined
by Yeas and Nays, and the Names of the Persons voting for
and against the Bill shall be entered on the Journal of each
House respectively, If any Bill shall not be returned by the
President within ten Days (Sundays excepted) after it shall
have been presented to him, the Same shall be a Law, in
like Manner as if he had signed it, unless the Congress by
their Adjournament 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, according to the
Rules and Limitations prescribed in the Case of a Bill.
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among
the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the
United States;
To coin Money, regulate the Value thereof, and of foreign
Coin, and fix the Standard of Weights and Measures;
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 Offenses 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;
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To exercise exclusive Legislation in all Cases whatsoever,
over such District (not exceeding ten Miles square) as
may, by Cession of particular States, and the Acceptance
of Congress, become the Seat of the Government of the
United States, and to exercise like Authority over all Places
purchased by the Consent of the Legislature of the State in
which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings;
-And
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.
SECTION. 9.
No State shall, without the Consent of the Congress, lay
any Imposts or Duties on Imports 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.
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 Importation, not exceeding ten dollars for each
Person.
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 foreign Power, or engage in War, unless
actually invaded, or in such imminent Danger as will not
admit of delay.
To make all Laws which shall be necessary and proper for
carrying 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.
The Privilege of the Writ of Habeas Corpus shall not be
suspended, unless when in Cases of Rebellion or Invasion
the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
[No Capitation, or other direct, Tax shall be laid, unless in
Proportion to the Census or Enumeration herein before
directed to be taken.]*
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.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular
Statement and Account 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, Emolument, Office, or Title, of any kind
whatever, from any King, Prince, or foreign State.
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
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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 Number of Senators and Representatives to which
the State may be entitled 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 Inhabitant 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 having 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 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. In every Case,
after the Choice of the President, the Person 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.]*
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
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 Duties of the said Office, the Same shall devolve on the
Vice President, and the Congress may by Law provide for
the Case of Removal, 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 removed, or a President
shall be elected.]*
The President shall, at stated Times, receive for his Services,
a Compensation, which shall neither be increased 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 defend the Constitution of
the United States.”
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SECTION. 2.
SECTION. 3.
The President shall be Commander in Chief of the Army
and Navy of the United States, and of the Militia of the
several States, when called into the actual Service of the
United States; he may require the Opinion, in writing, of
the principal Officer in each of the executive Departments,
upon any Subject relating to the Duties of their respective
Offices, and he shall have Power to grant Reprieves and
Pardons for Offenses against the United States, except in
Cases of Impeachment.
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their
Consideration such Measures as he shall judge necessary and expedient; 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 faithfully executed, and shall Commission all the Officers of the
United States.
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 public Ministers and Consuls, Judges
of the supreme Court, and all other Officers of the United
States, whose Appointments are not 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.
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.
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.
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
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Article.III.
SECTION. 1.
SECTION. 3.
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.
Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving 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.
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 Authority; - to all Cases affecting Ambassadors, other public Ministers and Consuls; - to all Cases of
admiralty and maritime Jurisdiction; - 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;-]* between Citizens of different States,
- between Citizens of the same State claiming Lands under
Grants of different States, [and between a State, or the Citizens thereof;- and foreign States, Citizens or Subjects.]*
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.
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.
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
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Article.IV.
Article.V.
SECTION. 1.
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-fourths of the several
States, or by Conventions in three fourths thereof, as the
one or the other Mode of Ratification may be proposed by
the Congress; Provided that no Amendment which may be
made prior to the Year One thousand eight hundred and
eight shall in any Manner affect the first and fourth Clauses
in the Ninth Section of the first Article; and that no State,
without its Consent, shall be deprived of its equal Suffrage
in the Senate.
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 Manner 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.]*
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 Consent of the Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all
needful Rules and Regulations respecting the Territory or
other Property belonging to the United States; and nothing
in this Constitution 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 Legislature, or of the Executive (when the Legislature
cannot be convened) against domestic Violence.
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
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Article.VI.
Article.VII.
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.
The Ratification of the Conventions of nine States, shall
be sufficient for the Establishment of this Constitution
between the States so ratifying the Same.
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 Constitution; but no religious Test shall ever
be required as a Qualification to any Office or public Trust
under the United States.
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
NEW HAMPSHIRE
John Langdon
Nicholas Gilman
MASSACHUSETTS
Nathaniel Gorham
Rufus King
CONNECTICUT
Wm. Saml. Johnson
Roger Sherman
NEW YORK
Alexander Hamilton
NEW JERSEY
Wil: Livingston
David Brearley
Wm. Paterson
Jona: Dayton
PENNSYLVANIA
B Franklin
Thomas Mifflin
Robt Morris
Geo. Clymer
Thos. FitzSimons
Jared Ingersoll
James Wilson
Gouv Morris
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
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DELAWARE
Geo: Read
Gunning Bedford jun
John Dickinson
Richard Bassett
Jaco: Broom
MARYLAND
James McHenry
Dan of St. Thos. Jenifer
Danl Carroll
VIRGINIA
John BlairJames Madison Jr.
NORTH CAROLINA
Wm. Blount
Richd. Dobbs Spaight
Hu Williamson
SOUTH CAROLINA
J. Rutledge
Charles Cotesworth Pinckney
Charles Pinckney
Pierce Butler
GEORGIA
William Few
Abr Baldwin
Attest William Jackson Secretary
In Convention Monday
September 17th, 1787.
Present
The States of
New Hampshire, Massachusetts, Connecticut, Mr. Hamilton from New York, New Jersey, Pennsylvania, Delaware,
Maryland, Virginia, North Carolina, South Carolina and
Georgia.
Resolved,
That the preceeding Constitution be laid before the United
States in Congress assembled, and that it is the Opinion
of this Convention, that it should afterwards be submitted
to a Convention of Delegates, chosen in each State by the
People thereof, under the Recommendation of its Legislature, for their Assent and Ratification; and that each Convention assenting to, and ratifying the Same, should give
Notice thereof to the United States in Congress assembled.
Resolved, That it is the Opinion of this Convention, that
as soon as the Conventions of nine States shall have ratified
this Constitution, the United States in Congress assembled
should fix a Day on which Electors should be appointed by
the States which shall have ratified the same, and a Day on
which the Electors should assemble to vote for the President, and the Time and Place for commencing Proceedings
under this Constitution.
That after such Publication the Electors should be appointed, and the Senators and Representatives elected: That
the Electors should meet on the Day fixed for the Election
of the President, and should transmit their Votes certified,
signed, sealed and directed, as the Constitution requires, to
the Secretary of the United States in Congress assembled,
that the Senators and Representatives should convene at the
Time and Place assigned; that the Senators should appoint
a President of the Senate, for the sole Purpose of receiving,
opening and counting the Votes for President; and, that
after he shall be chosen, the Congress, together with the
President, should, without Delay, proceed to execute this
Constitution.
By the unanimous Order of the Convention
Go. Washington-Presidt:
W. JACKSON Secretary.
* Language in brackets has been changed by amendment.
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
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THE AMENDMENTS TO THE CONSTITUTION OF
THE UNITED STATES AS RATIFIED BY THE STATES
Preambletothe
BillofRights
Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March,
one thousand seven hundred and eighty nine
THE Conventions of a number of the States, having at
the time of their adopting the Constitution, expressed
a desire, in order to prevent misconstruction or abuse
of its powers, that further declaratory and restrictive
clauses should be added: And as extending the ground
of public confidence in the Government, will best
ensure the beneficent ends of its institution.
RESOLVED by the Senate and House of
Representatives of the United States of America,
in Congress assembled, two thirds of both Houses
concurring, that the following Articles be proposed to
the Legislatures of the several States, as amendments
to the Constitution of the United States, all, or any of
which Articles, when ratified by three fourths of the said
Legislatures, to be valid to all intents and purposes, as
part of the said Constitution; viz.
ARTICLES in addition to, and Amendment of 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.
(Note: The first 10 amendments to the Constitution were
ratified December 15, 1791, and form what is known as
the “Bill of Rights.”)
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
AmendmentI.
Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right
of the people peaceably to assemble, and to petition the
Government for a redress of grievances.
AmendmentII.
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.
AmendmentIII.
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.
AmendmentIV.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated, and no Warrants shall issue,
but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched,
and the persons or things to be seized.
AmendmentV.
No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of
a Grand Jury, except in cases arising in the land or naval
forces, or in the Militia, when in actual service in time of
War or public danger; nor shall any person be subject for
the same offence to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness
against himself, nor be deprived of life, liberty, or property,
without due process of law; nor shall private property be
taken for public use, without just compensation.
11
AmendmentVI.
In all criminal prosecutions, the accused shall enjoy the
right to a speedy and public trial, by an impartial jury of
the State and district wherein the crime shall have been
committed, which district shall have been previously
ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel
for his defence.
AmendmentVII.
In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury shall be
preserved, and no fact tried by a jury shall be otherwise reexamined in any Court of the United States, than according
to the rules of the common law.
AmendmentVIII.
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishments inflicted.
AmendmentIX.
The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained
by the people.
AmendmentX.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to
the States respectively, or to the people.
AMENDMENTS 11-27
AmendmentXI.
Passed by Congress March 4, 1794. Ratified February 7, 1795.
(Note: A portion of Article III, Section 2 of the Constitution was
modified by the 11th Amendment.)
The Judicial power of the United States shall not be construed
to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another
State, or by Citizens or Subjects of any Foreign State.
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
AmendmentXII.
Passed by Congress December 9, 1803. Ratified June 15, 1804.
(Note: A portion of Article II, Section 1 of the Constitution was
changed by the 12th Amendment.)
The Electors shall meet in their respective states, and vote
by ballot for President and Vice-President, one of whom,
at least, shall not be an inhabitant of the same state with
themselves; they shall name in their ballots the person voted
for as President, and in distinct ballots the person voted
for as Vice-President, and they shall make distinct lists of
all persons voted for as President, and of all persons voted
for as Vice-President, and of the number of votes for each,
which lists they shall sign and certify, and transmit sealed
to the seat of the government of the United States, directed
to the President of the Senate;-the President of the Senate
shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be
counted;-The person having the greatest number of votes
for President, shall be the President, if such number be a
majority of the whole number of Electors appointed; and if
no person have such majority, then from the persons having
the highest numbers not exceeding three on the list of those
voted for as President, the House of Representatives shall
choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the
representation from each state having one vote; a quorum
for this purpose shall consist of a member or members from
two-thirds of the states, and a majority of all the states shall
be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of
choice shall devolve upon them, before the fourth day of
March next following, then the Vice-President shall act as
President, as in case 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 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.
*Superseded by Section 3 of the 20th Amendment.
12
AmendmentXIII.
Passed by Congress January 31, 1865. Ratified December 6,
1865.
(Note: A portion of Article IV, Section 2 of the Constitution
was changed by the 13th Amendment.)
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.
AmendmentXIV.
Passed by Congress June 13, 1866. Ratified July 9, 1868.
(Note: Article I, Section 2 of the Constitution was modified by
Section 2 of the 14th Amendment.)
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 of life, liberty, or property,
without due process of law; nor deny to any person within
its jurisdiction the equal protection of the laws.
SECTION 2.
Representatives shall be apportioned among the several
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, Representatives 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,]* 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 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 Congress, 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 engaged 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
pensions and bounties for services in suppressing insurrection or rebellion, 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, obligations and
claims shall be held illegal and void.
SECTION 5.
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
*Changed by Section 1 of the 26th Amendment.
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
13
AmendmentXV.
AmendmentXVIII.
Passed by Congress February 26, 1869. Ratified February 3, 1870.
Passed by Congress December 18, 1917. Ratified January 16,
1919. Repealed by the 21st Amendment, December 5, 1933.
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 the power to enforce this article by
appropriate legislation.
AmendmentXVI.
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.
Passed by Congress July 2, 1909. Ratified February 3, 1913.
The Congress and the several States shall have concurrent
power to enforce this article by appropriate legislation.
(Note: Article I, Section 9 of the Constitution was modified by
the 16th Amendment.)
SECTION 3.
The Congress shall have power to lay and collect taxes on
incomes, from whatever source derived, without apportionment among the several States, and without regard to any
census or enumeration.
This article shall be inoperative unless it shall have been
ratified as an amendment to the Constitution by the legislatures 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.
AmendmentXVII.
Passed by Congress May 13, 1912. Ratified April 8, 1913.
(Note: Article I, Section 3 of the Constitution was modified by
the 17th Amendment.)
The Senate of the United States shall be composed of two
Senators 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 numerous branch of the State legislatures.
AmendmentXIX.
Passed by Congress June 4, 1919. Ratified August 18, 1920.
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 sex.
Congress shall have power to enforce this article by appropriate legislation.
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 appointments until the people
fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the
election or term of any Senator chosen before it becomes
valid as part of the Constitution.
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
14
AmendmentXX.
Passed by Congress March 2, 1932. Ratified January 23, 1933.
(Note: Article I, Section 4 of the Constitution was modified
by Section 2 of this Amendment. In addition, a portion of the
12th Amendment was superseded by Section 3.)
SECTION 1.
The terms of the President and the 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 January,
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 President 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 wherein neither a President elect nor a
Vice President 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 qualified.
SECTION 4.
The Congress may by law provide for the case of the death
of any of the persons from whom the House of Representatives 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.
SECTION 6.
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.
AmendmentXXI.
Passed by Congress February 20, 1933. Ratified December 5,
1933.
SECTION 1.
The eighteenth article of amendment to the Constitution
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.
SECTION 3.
This article shall be inoperative unless it shall have 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.
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
15
AmendmentXXII.
AmendmentXXIII.
Passed by Congress March 21, 1947. Ratified February 27,
1951.
Passed by Congress June 16, 1960. Ratified March 29, 1961.
SECTION 1.
No person shall be elected to the office of the President
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 President more than once.
But this Article shall not apply to any person holding the
office of President when this Article was proposed by 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 operative from
holding the office of President or acting as President during
the remainder of such term.
SECTION 2.
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 to the States by the
Congress.
SECTION 1.
The District constituting the seat of Government of the
United States shall appoint in such manner as 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.
SECTION 2.
The Congress shall have power to enforce this article by
appropriate legislation.
AmendmentXXIV.
Passed by Congress August 27, 1962. Ratified January 23, 1964.
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
Representative in Congress, shall not be denied or abridged
by the United States or any State by reason of failure to pay
poll tax or other tax.
SECTION 2.
The Congress shall have power to enforce this article by
appropriate legislation.
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
16
AmendmentXXV.
Passed by Congress July 6, 1965. Ratified February 10, 1967.
(Note: Article II, Section 1 of the Constitution was modified by
the 25th Amendment.)
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
Representatives 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 Representatives 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
Representatives 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 department or of such other body
as Congress may by law provide, transmit within four days
to the President pro tempore of the Senate 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 session. 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; otherwise, the President shall resume the powers and duties of his office.
AmendmentXXVI.
Passed by Congress March 23, 1971. Ratified July 1, 1971.
(Note: Amendment 14, Section 2 of the Constitution was
modified by Section 1 of the 26th Amendment.)
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.
SECTION 2.
The Congress shall have power to enforce this article by
appropriate legislation.
AmendmentXXVII.
Originally proposed Sept. 25, 1789. Ratified May 7, 1992.
No law, varying the compensation for the services of the
Senators and Representatives, shall take effect, until an election of representatives shall have intervened.
C O N S T I T U T I O N O F T H E U N I T E D S TAT E S
17
T
he NCC is an independent,
non-partisan, nonprofit
organization that was established
in 1988 under the Constitution Heritage
Act. The Center’s mission is to increase
awareness and understanding of the
Constitution, the Constitution’s history
and its relevance to people’s daily lives.
National Constitution Center
525 Arch Street
Independence Mall
Philadelphia, PA 19106
(215) 409-6600
www.constitutioncenter.org
North American Free Trade Agreement
The North American Free Trade Agreement (NAFTA; Spanish: Tratado de Libre
Comercio de América del Norte, TLCAN; French: Accord de libre-échange nordaméricain, ALÉNA) is an agreement signed by Canada, Mexico, and the United
States, creating a trilateral trade bloc in North America. The agreement came into
force on January 1, 1994.[4] It superseded the Canada–United States Free Trade
Agreement between the U.S. and Canada.[5]
NAFTA has two supplements: the North American Agreement on Environmental
Cooperation (NAAEC) and the North American Agreement on Labor Cooperation
North American Free T rade
Agreement
Tratado de Libre Comercio
de América del
Norte (Spanish)
Accord de Libre-échange
Nord-Américain (French)
(NAALC).
Most economic analyses indicate that NAFTA has been beneficial to the North
American economies and the average citizen,[6][7][8] but harmed a small minority of
workers in industries exposed to trade competition.[9][10] Economists hold that
withdrawing from NAFTA or renegotiating NAFTA in a way that reestablishes
trade barriers will adversely affect the U.S. economy and cost jobs.[11][12][13]
Logo of the NAFT A Secretariat
However, Mexico would be much more severely affected by job loss and reduction
[14]
of economic growth in both the short term and long term.
Contents
Negotiation, ratification, and revision
Provisions
Intellectual property
Environment
Agriculture
Transportation infrastructure
Impact
Canada
Mexico
United States
Trade balances
Investment
Jobs
Environment
Mobility of persons
Disputes and controversies
1992 U.S. presidential candidate Ross Perot
Legal disputes
Change in income trust taxation not expropriation
Impact on Mexican farmers
Zapatista Uprising in response to NAFT
A in Chiapas, Mexico
Chapter 11
Chapter 19
Criticism from 2016 U.S. presidential candidates
Policy of the Trump administration
Languages
English · Spanish
· French
Type
Free trade area
Member states
Canada
Mexico
United
States
Establishment
January 1,
1994[1]
Area
• Total
• Water (%)
Population
• 2016 estimate
• Density
GDP (PPP)
• Total
21,578,137 km2
(8,331,365 sq mi)
7.4
481,800,000
22.3/km2
(57.8/sq mi)
2016 estimate
$22.567 trillion[2]
Renegotiation
Impact of withdrawing from NAFTA
• Per capita
Trans-Pacific Partnership
U.S. Public Opinion on NAFTA
See also
References
Further reading
$22.567 trillion[2]
$46,839
GDP (nominal)
• Total
• Per capita
2016 estimate
$21.144 trillion[2]
$43,885
HDI (2011)
0.868[3]
very high
Website
www.naftanow.org
External links
Negotiation, ratification, and revision
Back row, left to right: Mexican PresidentCarlos
Salinas de Gortari, U.S. President George H.
W. Bush, and Canadian Prime MinisterBrian
Mulroney, at the initialing of the draft North
American Free Trade Agreement in October
1992. In front are Mexican Secretary of
Commerce and Industrial DevelopmentJaime
Serra Puche, United States Trade
Representative Carla Hills, and Canadian
Minister of International Trade Michael Wilson.
NAFTA GDP – 2012 : IMF – World
Economic Outlook Databases (Oct 2013)
The impetus for a North American free trade zone began with U.S.
President Ronald Reagan, who made the idea part of his campaign when
he announced his candidacy for the presidency in November 1979.[15]
Canada and the United States signed the Canada-United States Free
Trade Agreement (FTA) in 1988, and shortly afterward Mexican
President Carlos Salinas de Gortari decided to approach US president
George H.W. Bush to propose a similar agreement in an effort to bring in
foreign investment following the Latin American debt crisis.[15] As the
two leaders began negotiating, the Canadian government under Prime Minister Brian Mulroney feared that the advantages Canada
had gained through the Canada-US FTA would be undermined by a US-Mexican bilateral agreement, and asked to become a party to
the US-Mexican talks.[16] Following diplomatic negotiations dating back to 1990 among the three nations, the three leaders signed
[17] The signed agreement then needed to beratified by each nation's
the agreement in their respective capitals on December 17, 1992.
legislative or parliamentary branch.
The earlier Canada–United States Free Trade Agreement had been controversial and divisive in Canada, and featured as an issue in
the 1988 Canadian election. In that election, more Canadians voted for anti-free trade parties (the Liberals and the New Democrats)
but the split of the votes between the two parties meant that the pro-free trade Progressive Conservatives (PCs) came out of the
election with the most seats and so took power. Mulroney and the PCs had a parliamentary majority easily passed the 1987 CanadaU.S. FTA and NAFTA bills. However, Mulroney was replaced as Conservative leader and prime minister by Kim Campbell.
Campbell led the PC party into the 1993 election where they were decimated by the Liberal Party under Jean Chrétien, who
campaigned on a promise to renegotiate or abrogate NAFTA. Chrétien subsequently negotiated two supplemental agreements with
Bush, who had subverted the LAC[18] advisory process[19] and worked to "fast track" the signing prior to the end of his term, ran out
of time and had to pass the required ratification and signing of the implementation law to incoming president
Bill Clinton.[20]
Before sending it to the United States Senate Clinton added two side agreements, the North American Agreement on Labor
Cooperation (NAALC) and the North American Agreement on Environmental Cooperation (NAAEC), to protect workers and the
environment, and also allay the concerns of many House members. They also required U.S. partners to adhere to environmental
practices and regulations similar to its own. After much consideration and emotional discussion, the US House of Representatives
passed the North American Free Trade Agreement Implementation Act on November 17, 1993, 234–200. The agreement's supporters
included 132 Republicans and 102 Democrats. The bill passed the Senate on November 20, 1993, 61–38.[21] Senate supporters were
34 Republicans and 27 Democrats. Clinton signed it into law on December 8, 1993; the agreement went into effect on January 1,
1994.[22][23] Clinton, while signing the NAFTA bill, stated that "NAFTA means jobs. American jobs, and good-paying American
[24] NAFTA then replaced the previous Canada-US FT
jobs. If I didn't believe that, I wouldn't support this agreement."
A.
Provisions
The goal of NAFTA was to eliminate barriers to trade and investment
Remarks on the Signing of the
NAFTA Implementation Act
(December 8, 1993)
between the U.S., Canada and Mexico. The implementation of
NAFTA on January 1, 1994 brought the immediate elimination of
tariffs on more than one-half of Mexico's exports to the U.S. and more
than one-third of U.S. exports to Mexico. Within 10 years of the
implementation of the agreement, all U.S.-Mexico tariffs were to be
eliminated except for some U.S. agricultural exports to Mexico to be
phased out within 15 years.[25] Most U.S.-Canada trade was already
duty-free. NAFTA also sought to eliminate non-tariff trade barriers
and to protect the intellectual property rightson traded products.
Chapter 52 provides a procedure for the international resolution of
disputes over the application and interpretation of NAFTA. It was
modeled after Chapter 69 of the Canada-United States Free Trade
Agreement.[26] The roster of NAFTA adjudicators includes many
retired judges, such as Alice Desjardins, John Maxwell Evans,
Constance Hunt, John Richard, Arlin M. Adams, Susan Getzendanner,
Play media
Bill Clinton's remarks on the
signing of the North American Free
Trade Agreement Implementation
Act, December 8, 1993.
Remarks on the Signing of the
NAFTA Implementation Act
(December 8, 1993)
0:00
George C. Pratt, Charles B. Renfrew and Sandra Day O'Connor.
Intellectual property
Problems playing these files? See media
help.
The North American Free Trade Agreement Implementation Act made some changes to the copyright law of the United States,
foreshadowing the Uruguay Round Agreements Act of 1994 by restoring copyright (within the NAFTA nations) on certain motion
pictures which had entered thepublic domain.[27][28]
Environment
U.S. congressional approval for NAFTA would have been impossible without addressing public concerns about NAFTA’s
environmental impact.[29] The Clinton administration negotiated a side agreement on the environment with Canada and Mexico, the
North American Agreement on Environmental Cooperation (NAAEC), which led to the creation of the Commission for
Environmental Cooperation (CEC) in 1994. To alleviate concerns that NAFTA, the first regional trade agreement between a
developing country and two developed countries, would have negative environmental impacts, the commission was mandated to
conduct ongoing ex post environmental assessment,[30] It created one of the firstex post frameworks for environmental assessment of
trade liberalization, designed to produce abody of evidence with respect to the initialhypotheses about NAFTA and the environment,
such as the concern that NAFTA would create a "race to the bottom" in environmental regulation among the three countries, or that
NAFTA would pressure governments to increase theirenvironmental protections.[31] The CEC has held four symposia to evaluate the
[32]
environmental impacts of NAFTA and commissioned 47 papers on the subject from leading independent experts.
Agriculture
From the earliest negotiation, agriculture was (and still is) a controversial topic within NAFTA, as it has been with almost all free
trade agreements signed within the WTO framework. Agriculture is the only section that was not negotiated trilaterally; instead, three
separate agreements were signed between each pair of parties. The Canada–U.S. agreement contains significant restrictions and tariff
quotas on agricultural products (mainly sugar, dairy, and poultry products), whereas the Mexico–U.S. pact allows for a wider
liberalization within a framework of phase-out periods (it was the firstNorth–South FTA on agriculture to be signed).
Transportation infrastructure
NAFTA established the CANAMEX Corridor for road transport between Canada and Mexico, also proposed for use by rail, pipeline,
and fiber optic telecommunications infrastructure. This became a High Priority Corridor under the U.S. Intermodal Surface
Transportation Efficiency Act of 1991.
Impact
Canada
In the year 2008 alone, Canadianexports to the United States and Mexico were
at $381.3 billion, with imports at $245.1 billion.[33] . According to University
of Toronto economist Daniel Trefler, NAFTA produced a significant net
benefit to Canada, with long-term productivity increasing by up to 15 percent
in industries that experienced the deepest tariff cuts.[34] While the contraction
of low-productivity plants reduced employment (up to 12 percent of existing
positions), these job losses lasted less than a decade; overall, unemployment in
Canada has fallen since the passage of the act. Commenting on this trade-off,
Trefler said that the critical question intrade policy is to understand "how freer
trade can be implemented in an industrialized economy in a way that
Obama, Peña Nieto and Harper at the IX
North American Leaders' Summit
(informally known as theThree Amigos
Summit) in Toluca.
recognizes both the long-run gains and the short-term adjustment costs borne
by workers and others."[35] Another of NAFTA's biggest economic effects on U.S.-Canada trade has been higher bilateral agricultural
flows.[36]
A study in 2007 found that NAFTA had "a substantial impact on international trade volumes, but a modest effect on prices and
welfare".[37] A 2015 study that focused on the impact of NAFTA's tariff reductions found that while intra-bloc trade increased by
41% for the U.S. and 118% for Mexico, it increased by a modest 11% for Canada. Moreover, U.S. and Mexico benefited more from
the tariff reductions component, with welfare increases of 0.08% and 1.31%, respectively, with Canada experiencing a decrease of
0.06%.[38]
Mexico
Maquiladoras (Mexican assembly plants that take in imported components and produce goods for export) have become the landmark
of trade in Mexico. They moved to Mexico from the United States, hence the debate over the loss of American jobs. Income in the
maquiladora sector has increased 15.5% since the implementation of NAFTA in 1994.[39] Other sectors now benefit from the free
trade agreement, and the share of exports to the US from non-border states has increased in the last five years while the share of
exports from border states has decreased. This has allowed rapid growth in non-border metropolitan areas such as Toluca, León and
Puebla; all larger in population thanTijuana, Ciudad Juárez, and Reynosa.
The overall effect of the Mexico–U.S. agricultural agreement is disputed. Mexico did not invest in the infrastructure necessary for
competition, such as efficient railroads and highways.This resulted in more difficult living conditions for the country's poor. Mexico's
agricultural exports increased 9.4 percent annually between 1994 and 2001, while imports increased by only 6.9 percent a year during
the same period.[40]
One of the most affected agricultural sectors is the meat industry. Mexico went from a small player in the pre-1994 U.S. export
market to the second largest importer of U.S. agricultural products in 2004, and NAFTA may be a major catalyst for this change. Free
trade removed the hurdles that impeded business between the two countries, so Mexico has provided a growing market for meat for
the U.S., and increased sales and profits for the U.S. meat industry. A coinciding noticeable increase in the Mexican per capita GDP
[41]
greatly changed meat consumption patterns; per capita meat consumption has grown.
Production of corn in Mexico has increased since NAFTA. But internal demand for corn has increased beyond Mexico's supply, and
imports have become needed, far beyond the quotas Mexico originally negotiated.[42] Zahniser & Coyle also point out that corn
prices in Mexico, adjusted for international prices, have drastically decreased, but through a program of subsidies expanded by
former president Vicente Fox, production has remained stable since 2000.[43] Reducing agricultural subsidies, especially corn
[44]
subsidies, has been suggested as a way to reduce harm to Mexican farmers.
A 2001 Journal of Economic Perspectives review of the existing literature found that NAFTA was a net benefit to Mexico.[8] By the
year 2003, 80% of the commerce in Mexico was executed only with the U.S. The commercial sales surplus, combined with the
deficit with the rest of the world, created a dependency in Mexico's exports. These effects were evident in 2001–2003; the result of
[45]
that recession was either a low rate or a negative rate in Mexico's exports.
A 2015 study found that Mexico's welfare increased by 1.31% as a result of the NAFT
A tariff reductions, and that Mexico's intra-bloc
trade increased by 118%.[38] Inequality and poverty fell in the most globalization-affected regions of Mexico.[46] 2013 and 2015
studies show that Mexican small farmers benefitted more from NAFT
A than large-scale farmers.[47][48]
NAFTA has also been credited with the rise of the Mexican middle class. A Tufts University study found that NAFTA lowered the
average cost of basic necessities in Mexico by up to 50%.[49] This price reduction increased cash-on-hand for many Mexican
families, allowing Mexico to graduate more engineers than Germany each year
.[50]
Growth in new sales orders indicates an increase in demand for manufactured products, which resulted in expansion of production
and a higher employment rate to satisfy the increment in the demand. The growth in the maquiladora industry and in the
[51] Three quarters of the imports and exports comes are with the U.S.
manufacturing industry was of 4.7% in August 2016.
Tufts University political scientist Daniel W. Drezner has argued that NAFTA made it easier for Mexico to transform to a real
democracy and become a country that views itself as North American. This has boosted cooperation between the United States and
Mexico.[52]
United States
Economists consider that NAFTA was beneficial for the United States.[53][54] In a 2012 survey of leading economists, 95% said that
on average U.S. citizens benefited from NAFTA.[7] A 2001 Journal of Economic Perspectives review found that NAFTA was a net
benefit to the United States.[8] A 2015 study found that US welfare increased by 0.08% as a result of NAFTA tariff reductions, and
that US intra-bloc trade increased by 41%.[38]
In 2015, the Congressional Research Service concluded that the "net overall effect of NAFTA on the U.S. economy appears to have
been relatively modest, primarily because trade with Canada and Mexico accounts for a small percentage of U.S. GDP. However,
there were worker and firm adjustment costs as the three countries adjusted to more open trade and investment among their
economies." The report also estimated that NAFTA added $80 billion to the US economy since its implementation, equivalent to a
0.5% increase in US GDP.[55]
The U.S. Chamber of Commerce credits NAFTA with increasing U.S. trade in goods and services with Canada and Mexico from
$337 billion in 1993 to $1.2 trillion in 2011, while the AFL-CIO blames the agreement for sending 700,000 American manufacturing
jobs to Mexico over that time.[56]
University of California, San Diego economics professor Gordon Hanson has said that NAFTA helped the U.S. compete against
China and therefore saved U.S. jobs.[57][58] While some jobs were lost to Mexico as a result of NAFTA, considerably more would
have been lost to China if not for NAFTA.[57][58]
Trade balances
The U.S. had a trade surplus with NAFTA countries of $28.3 billion for services in 2009 and a trade deficit of $94.6 billion (36.4%
[59]
annual increase) for goods in 2010. This trade deficit accounted for 26.8 percent of all U.S. goods trade deficit.
A study published in the August 2008 issue of the American Journal of Agricultural Economics, found NAFTA increased U.S.
agricultural exports to Mexico and Canada, even though most of the increase occurred a decade after its ratification. The study
focused on the effects that gradual "phase-in" periods in regional trade agreements, including NAFTA, have on trade flows. Most of
the increase in members’ agricultural trade, which was only recently brought under the purview of the
World Trade Organization, was
due to very high trade barriers before NAFT
A or other regional trade agreements.[60]
Investment
The U.S. foreign direct investment (FDI) in NAFTA countries (stock) was $327.5 billion in 2009 (latest data available), up 8.8%
from 2008.[59] The U.S. direct investment in NAFTA countries is in nonbank holding companies, and in the manufacturing,
finance/insurance, and mining sectors.[59] The foreign direct investment of Canada and Mexico in the United States (stock) was
[59][61]
$237.2 billion in 2009 (the latest data available), up 16.5% from 2008.
Jobs
Many American small businesses depend on exporting their products to Canada or Mexico under NAFTA. According to the U.S.
[62]
Trade Representative, this trade supports over 140,000 small- and medium-sized businesses in the US.
According to the Economic Policy Institute, California, Texas, Michigan and other states with high concentrations of manufacturing
jobs were most affected by job loss due to NAFTA.[63] EPI economist Robert Scott estimates some 682,900 U.S. jobs have been "lost
or displaced" as a result of the trade agreement.[64] However, other studies have found that NAFTA only had a modest impact on
manufacturing employment, and thatautomation explains 87% of the losses in manufacturing jobs.[65]
According to University of California Berkeley professor of economics Brad DeLong, NAFTA had an insignificant impact on US
manufacturing.[66] The adverse impact on manufacturing has been very exaggerated in US political discourse according to
DeLong,[66] Harvard economist Dani Rodrik agrees.[67]
Environment
According to a study in the Journal of International Economics, NAFTA reduced pollution emitted by the US manufacturing sector:
"On average, nearly two-thirds of the reductions in PM10 and SO2 emissions from the U.S. manufacturing sector between 1994 and
1998 can be attributed to trade liberalization following NAFT
A."[68]
According to the Sierra Club, NAFTA contributed to large-scale, export-oriented farming, which led to the increased use of fossil
fuels, pesticides and GMO.[69] NAFTA also contributed to environmentally destructive mining practices in Mexico.[69] It prevented
Canada from effectively regulating its tar sands industry, and created new legal avenues for transnational corporations to fight
environmental legislation.[69] In some cases, environmental policy was neglected in the wake of trade liberalization; in other cases,
NAFTA's measures for investment protection, such as Chapter 11, and measures against non-tariff trade barriers threatened to
discourage more vigorous environmental policy.[70] The most serious overall increases in pollution due to NAFTA were found in the
base metals sector, the Mexican petroleum sector, and the transportation equipment sector in the United States and Mexico, but not in
Canada.[71]
Mobility of persons
According to the Department of Homeland Security Yearbook of Immigration Statistics, during fiscal year 2006 (i.e., October 2005
through September 2006), 73,880 foreign professionals (64,633 Canadians and 9,247 Mexicans) were admitted into the United States
for temporary employment under NAFTA (i.e., in the TN status). Additionally, 17,321 of their family members (13,136 Canadians,
2,904 Mexicans, as well as a number of third-country nationals married to Canadians and Mexicans) entered the U.S. in the treaty
national's dependent (TD) status.[72] Because DHS counts the number of the new I-94 arrival records filled at the border, and the TN1 admission is valid for three years, the number of non-immigrants in TN status present in the U.S. at the end of the fiscal year is
approximately equal to the number of admissions during the year. (A discrepancy may be caused by some TN entrants leaving the
country or changing status before their three-year admission period has expired, while other immigrants admitted earlier may change
their status to TN or TD, or extend TN status granted earlier).
According to the International Organization for Migration, deaths of migrants have been on the rise worldwide with 5,604 deaths in
2016.[73] An increased number of undocumented farmworkers in California may be due to the initial passing of NAFT
A[74]
Canadian authorities estimated that on December 1, 2006, 24,830 U.S. citizens and 15,219 Mexican citizens were in Canada as
"foreign workers". These numbers include both entrants under NAFTA and those who entered under other provisions of Canadian
[76]
immigration law.[75] New entries of foreign workers in 2006 totalled 16,841 U.S. citizens and 13,933 Mexicans.
Disputes and controversies
1992 U.S. presidential candidate Ross Perot
In the second 1992 presidential debate, Ross Perot ar
gued:
We have got to stop sending jobs overseas. It's pretty simple: If you're paying $12, $13, $14 an hour for factory
workers and you can move your factory south of the border, pay a dollar an hour for labor,...have no health care—
that's the most expensive single element in making a car—have no environmental controls, no pollution controls and
no retirement, and you don't care about anything but making money
, there will be a giant sucking sound going south.
...when [Mexico's] jobs come up from a dollar an hour to six dollars an hour, and ours go down to six dollars an
hour, and then it's leveled again. But in the meantime, you've wrecked the country with these kinds
of deals.[77]
Perot ultimately lost the election, and the winner
, Bill Clinton, supported NAFTA, which went into effect on January 1, 1994.
Legal disputes
In 1996, the gasoline additive MMT was brought to Canada by Ethyl Corporation, an American company when the Canadian federal
government banned imports of the additive. The American company brought a claim under NAFTA Chapter 11 seeking US$201
million,[78] from the Canadian federal government as well as the Canadian provinces under the Agreement on Internal Trade (AIT).
They argued that the additive had not been conclusively linked to any health dangers, and that the prohibition was damaging to their
company. Following a finding that the ban was a violation of the AIT,[79] the Canadian federal government repealed the ban and
settled with the American company for US$13 million.[80] Studies by Health and Welfare Canada (now Health Canada) on the health
effects of MMT in fuel found no significant health effects associated with exposure to these exhaust emissions. Other Canadian
[81]
researchers and the U.S. Environmental Protection Agencydisagreed citing studies that suggested possible nerve damage.
The United States and Canada have argued for years over the United States' 27%duty on Canadian softwood lumber imports. Canada
filed many motions to have the duty eliminated and the collected duties returned to Canada.[82] After the United States lost an appeal
before a NAFTA panel, it responded by saying "We are, of course, disappointed with the [NAFTA panel's] decision, but it will have
no impact on the anti-dumping and countervailing duty orders." (Nick Lifton, spokesman for U.S. Trade Representative Rob
Portman)[83] On July 21, 2006, the United States Court of International Trade found that imposition of the duties was contrary to
U.S. law.[84][85]
Change in income trust taxation not expropriation
On October 30, 2007, American citizens Marvin and Elaine Gottlieb filed a Notice of Intent to Submit a Claim to Arbitration under
NAFTA, claiming thousands of U.S. investors lost a total of $5 billion in the fall-out from the Conservative Government's decision
the previous year to change the tax rate on income trusts in the energy sector. On April 29, 2009, a determination was made that this
change in tax law was not expropriation.[86]
Impact on Mexican farmers
Several studies have rejected NAFTA responsibility for depressing the incomes of poor corn farmers. The trend existed more than a
decade before NAFTA existed. Also, maize production increased after 1994, and there wasn't a measurable impact on the price of
Mexican corn because of subsidized corn from the United States. The studies agreed that the abolition of U.S. agricultural subsidies
would benefit Mexican farmers.[87]
Zapatista Uprising in response to NAFTA in Chiapas, Mexico
Preparations for NAFTA included cancellation of Article 27 of Mexico's constitution, the cornerstone of Emiliano Zapata's revolution
in 1910–1919. Under the historic Article 27, Indian communal landholdings were protected from sale or privatization. However, this
barrier to investment was incompatible with NAFTA. Indian farmers feared the loss of their remaining lands, and also feared cheap
imports (substitutes) from the US. The Zapatistas labelled NAFTA a "death sentence" to Indian communities all over Mexico. Then
EZLN declared war on the Mexican state on January 1, 1994, the day NAFT
A came into force.[88]
Chapter 11
Another contentious issue is the investor state dispute settlement obligations contained in Chapter 11 of NAFTA.[89] Chapter 11
allows corporations or individuals to sue Mexico, Canada or the United States for compensation when actions taken by those
governments (or by those for whom they are responsible at international law, such as provincial, state, or municipal governments)
violate international law.[90]
This chapter has been criticized by groups in the U.S.,[91] Mexico,[92] and Canada[93] for a variety of reasons, including not taking
into account important social and environmental[94] considerations. In Canada, several groups, including the Council of Canadians,
challenged the constitutionality of Chapter 11. They lost at the trial level[95] and have subsequently appealed.
Methanex Corporation, a Canadian corporation, filed a US$970 million suit against the United States because, it said, a California
ban on Methyl tert-butyl ether (MTBE), a substance that had found its way into many wells in the state, was hurtful to the
corporation's sales of methanol. The claim was rejected, and the company was ordered to pay US$3 million to the U.S. government in
costs, based on the following reasoning: "But as a matter of general international law, a non-discriminatory regulation for a public
purpose, which is enacted in accordance with due process and, which affects, inter alios, a foreign investor or investment is not
deemed expropriatory and compensable unless specific commitments had been given by the regulating government to the then
[96]
putative foreign investor contemplating investment that the government would refrain from such regulation."
In another case, Metalclad, an American corporation, was awarded US$15.6 million from Mexico after a Mexican municipality
refused a construction permit for the hazardous waste landfill it intended to construct in Guadalcázar, San Luis Potosí. The
construction had already been approved by the federal government with various environmental requirements imposed (see paragraph
48 of the tribunal decision). The NAFTA panel found that the municipality did not have the authority to ban construction on the basis
of its environmental concerns.[97]
In Eli Lilly and Company v. Government of Canada[98] the plaintiff presented a US$500 million claim for the way Canada requires
usefulness in its drug patent legislation.[99] Apotex is sued the U.S. for US$520 million because of opportunity it says it lost in an
FDA generic drug decision.[99]
Lone Pine Resources Inc. v. Government of Canada[100] filed a US$250 million claim against Canada, accusing it of "arbitrary,
capricious and illegal" behaviour,[101] because Quebec intends to prevent fracking exploration under the St. Lawrence Seaway.[99]
Milos Barutciski, the lawyer for Lone Pine, has decried portrayals of his client as "another rapacious multinational challenging
governments’ ability to regulate for health, safety and the environment".
Lone Pine Resources is incorporated in Delaware but headquartered in Calgary,[101] and had an initial public offering on the NYSE
May 25, 2011 of 15 million shares each for $13, which raised US$195 million.[102]
Barutciski acknowledged "that NAFTA and other investor-protection treaties create an anomaly in that Canadian companies that have
also seen their permits rescinded by the very same Quebec legislation, which expressly forbids the paying of compensation, do not
have the right (to) pursue a NAFTA claim," and that winning "compensation in Canadian courts for domestic companies in this case
would be more difficult since the Constitution puts property rights in provincial hands."[101]
A treaty with China would extend similar rights to Chinese investors, includingSOEs.[101]
Chapter 19
Also contentious is NAFTA's Chapter 19, which subjects antidumping and countervailing duty (AD/CVD) determinations to
binational panel review instead of, or in addition to, conventional judicial review.[103] For example, in the United States, review of
agency decisions imposing antidumping and countervailing duties are normally heard before the U.S. Court of International Trade, an
Article III court. NAFTA parties, however, have the option of appealing the decisions to binational panels composed of five citizens
from the two relevant NAFTA countries.[103] The panelists are generally lawyers experienced in international trade law. Since
NAFTA does not include substantive provisions concerning AD/CVD, the panel is charged with determining whether final agency
determinations involving AD/CVD conform with the country's domestic law. Chapter 19 is an anomaly in international dispute
settlement since it does not apply international law, but requires a panel composed of individuals from many countries to re-examine
the application of one country's domestic law
.
A Chapter 19 panel is expected to examine whether the agency's determination is supported by "substantial evidence". This standard
assumes significant deference to the domestic agency
. Some of the most controversial trade disputes in recent years, such as theU.S.–
Canada softwood lumber dispute, have been litigated before Chapter 19 panels.
Decisions by Chapter 19 panels can be challenged before a NAFTA extraordinary challenge committee. However, an extraordinary
challenge committee does not function as an ordinary appeal.[103] Under NAFTA, it will only vacate or remand a decision if the
decision involves a significant and material error that threatens the integrity of the NAFTA dispute settlement system. Since January
2006, no NAFTA party has successfully challenged a Chapter 19 panel's decision before an extraordinary challenge committee.
Criticism from 2016 U.S. presidential candidates
In a 60 Minutes interview in September 2015, American 2016 presidential candidate Donald Trump called NAFTA calling it "the
single worst trade deal ever approved in [the United States]",[104] and said that if elected, he would "either renegotiate it, or we will
break it".[105][106] Juan Pablo Castañón president of the trade group Consejo Coordinador Empresarial, expressed concern about
renegotiation and the willingness to focus on the car industry.[107] A range of trade experts have said that pulling out of NAFTA
would have a range of unintended consequences for the U.S., including reduced access to the its biggest export markets, a reduction
in economic growth, and higher prices for gasoline, cars, fruits, and vegetables.[108] Members of the private initiative in Mexico
noted that to eliminate NAFTA, many laws must be adapted by the U.S. Congress. The move would also eventually result in legal
complaints by the World Trade Organization.[107] The Washington Post noted that a Congressional Research Service review of
academic literature concluded that the "net overall effect of NAFTA on the U.S. economy appears to have been relatively modest,
primarily because trade with Canada and Mexico accounts for a small percentage of U.S.GDP".[38]
Democratic candidate Bernie Sanders opposed the Trans-Pacific Partnership trade agreement, which he called "a continuation of
other disastrous trade agreements, like NAFTA, CAFTA, and permanent normal trade relations with China". He believes that free
trade agreements have caused a loss of American jobs and depressed American wages. Sanders has said that America needs to
rebuild its manufacturing base using American factories for well-paying jobs for American labor rather than
outsourcing to China and
elsewhere.[109][110][111]
Policy of the Trump administration
Renegotiation
Shortly after his election, U.S. President Donald Trump said he would begin
renegotiating the terms of NAFTA, to resolve trade issues he had campaigned on.
The leaders of Canada and Mexico have indicated their willingness to work with the
Trump administration.[112] Although vague on the exact terms he seeks in a
[113]
renegotiated NAFTA, Trump threatened to withdraw from it if negotiations fail.
In July 2017, the Trump administration provided a detailed list of changes that it
would like to see to NAFTA.[114] The top priority was a reduction in the United
States' trade deficit.[114][115] The administration also called for the elimination of
provisions that allowed Canada and Mexico to appeal duties imposed by the United
States and limited the ability of the United States to impose import restrictions on
Chrystia Freeland, Luis Videgaray
Caso and Rex Tillerson in Mexico
City in 2018
Canada and Mexico.[114] The list also alleged subsidized state-owned enterprises
and currency manipulation.[114][116]
According to Chad Bown of the Peterson Institute for International Economics, the Trump administration's list "is very consistent
with the president's stance on liking trade barriers, liking protectionism. This makes NAFTA in many respects less of a free-trade
agreement."[114] The concerns expressed by the US Trade Representative over subsidized state-owned enterprises and currency
manipulation are not thought to apply to Canada and Mexico, but rather to be designed to send a message to countries beyond North
America.[114] Jeffrey Schott of the Peterson Institute for International Economics noted that it would not be possible to conclude
renegotiations quickly while also addressing all the concerns on the list.[116] He also said that it would be difficult to do anything
about trade deficits.[116]
An October 2017 op-ed in Toronto's Globe and Mail questioned whether the United States wanted to re-negotiate the agreement or
planned to walk away from it no matter what, noting that newly appointed American ambassador Kelly Knight Craft is married to the
owner of Alliance Resource Partners, a big US coal operation. Canada is implementing a carbon plan, and there is also the matter of a
sale of Bombardier jets. "The Americans inserted so many poison pills into last week's talks in Washington that they should have
been charged with murder", wrote the columnist,John Ibbitson.[117]
"A number of the proposals that the United States has put on the table have little or no support from the U.S. business and agriculture
community. It isn't clear who they're intended to benefit", said John Murphy, vice-president of the U.S. Chamber of Commerce.[118]
Pat Roberts, the senior US senator fromKansas, called for an outcry against Trump anti-NAFTA moves, saying the "issues affect real
jobs, real lives and real people". Kansas is a major agricultural exporter, and farm groups warn that just threatening to leave NAFTA
[118]
might cause buyers to minimize uncertainty by seeking out non-US sources.
A fourth round of talks included a U.S. demand for a sunset clause that would end the agreement in five years, unless the three
countries agreed to keep it in place, a provision U.S. Commerce Secretary Wilbur Ross has said would allow the countries to kill the
deal if it was not working. Canadian Prime Minister Justin Trudeau met with the House Ways and Means Committee, since Congress
would have to pass legislation rolling back the treaty's provisions if rump
T
tries to withdraw from the pact.[119]
Impact of withdrawing from NAFTA
Following Donald Trump's election to the presidency, a range of trade experts have said that pulling out of NAFTA as Trump
proposed would have a range of unintended consequences for the U.S., including reduced access to the U.S.'s biggest export markets,
a reduction in economic growth, and increased prices for gasoline, cars, fruits, and vegetables.[12] The worst affected sectors would
be textiles, agriculture and automobiles.[120][13]
According to Tufts University political scientist Daniel W. Drezner, the Trump administration's desire to return relations with Mexico
to the pre-NAFTA era are misguided. Drezner argues that NAFTA made it easier for Mexico to transform to a real democracy and
become a country that views itself as North American. If Trump acts on many of the threats that he has made against Mexico, it is not
inconceivable that Mexicans would turn to left-wing populist strongmen, as several South American countries have. At the very least,
US-Mexico relations would worsen, with adverse implications for cooperation on border security, counterterrorism, drug-war
cooperation, deportations and managing Central Americanmigration.[52]
According to Chad P. Bown (senior fellow at the Peterson Institute for International Economics), "a renegotiated NAFTA that would
reestablish trade barriers is unlikely to help workers who lost their jobs—regardless of the cause—take advantage of new
employment opportunities".[121]
According to Harvard economistMarc Melitz, "recent research estimates that the repeal of NAFT
A would not increase car production
[11]
in the United States".[11] Melitz notes that this would cost manufacturing jobs.
Trans-Pacific Partnership
If the Trans-Pacific Partnership(TPP) comes into effect, existing agreements such as NAFTA will be reduced to those provisions that
do not conflict with the TPP, or that require greater trade liberalization than the TPP.[122] However, only Canada and Mexico will
have the prospect of becoming members of the TPP after U.S. President Donald Trump withdrew the United States from the
agreement in January 2017. In May 2017, the 11 remaining members of the TPP, including Canada and Mexico, agreed to proceed
with the trade deal without U.S. participation.[123]
U.S. Public Opinion on NAFTA
The American public is largely divided on its view of the North American Free Trade Agreement (NAFTA), with a wide partisan gap
[124]
in beliefs. In a February 2018 Gallup Poll, 48% of Americans said NAFT
A was good for the U.S., while 46% said it was bad.
According to a journal from the Law and Business Review of the Americas (LBRA), U.S. public opinion of NAFTA centers around
three issues: NAFTA’s impact on the creation or destruction of American jobs, NAFTA’s impact on the environment, and NAFTA’s
impact on immigrants entering the U.S.[125]
After President Trump’s election in 2016, support for NAFTA has become very polarized between Republicans and Democrats.
Donald Trump expressed negative views of NAFTA, calling it “the single worst trade deal ever approved in this country.”[126]
Republican support for NAFTA has decreased from 43% support in 2008 to 34% in 2017. Meanwhile, Democrat support for NAFTA
[127]
has increased from 41% support in 2008 to 71% in 2017.
The political gap is especially large in concern to views on free trade with Mexico. As opposed to a favorable view of free trade with
Canada, whom 79% of American describe as a fair trade partner
, only 47% of Americans believe Mexico practices fair trade. The gap
widens between Democrats and Republicans: 60% of Democrats believe Mexico is practicing fair trade, while only 28% of
Republicans do. This is the highest level from Democrats and the lowest level from Republicans ever recorded by the Chicago
[128]
Council Survey. Republicans have more negative views of Canada as a fair trade partner than Democrats, as well.
NAFTA has strong support from young Americans. In a February 2017 Gallup poll, 73% of Americans aged 18-29 said NAFTA was
good for the U.S, showing higher support than any other U.S. age group.[124] It also has slightly stronger support from unemployed
Americans than from employed Americans.[129] The issue of NAFTA continues to remain a predominantly divisive issue.
See also
North American Leaders' Summit
Association of Southeast Asian Nations
Canada's Global Markets Action Plan
The Fight for Canada
Comprehensive Economic and Trade Agreement (CETA)
Economic Community of West African States
European Economic Area
European Free Trade Association
European Union
North American Transportation Statistics Interchange
Pacific Alliance
Trans-Pacific Partnership
Free trade debate
References
1. NAFTA Secretariat (http://www.nafta-sec-alena.org/en/view.aspx?conID=775) Archived (https://web.archive.org/web/
20130412160000/http://www.nafta-sec-alena.org/en/view.aspx?conID=775) April 12, 2013, at the Wayback
Machine.. Nafta-sec-alena.org (June 9, 2010). Retrieved on July 12, 2013.
2. "Report for Selected Countries and Subjects"(http://www.imf.org/external/pubs/ft/weo/2017/01/weodata/weorept.asp
x?sy=2016&ey=2016&scsm=1&ssd=1&sort=subject&ds=.&br=1&c=273,156,111&s=NGDPD,PPPGDP
,LP&grp=0&a
=&pr.x=53&pr.y=13). Retrieved September 5, 2017.
3. Calculated using UNDP data for the member states. If considered as a single entity
, NAFTA would rank 23rd among
the other countries.
4. "Free Trade Agreements (https://ustr.gov/issue-areas/industry-manufacturing/industrial-tariffs/free-tradeagreements)". Office of the United States Trade Representative. Retrieved 2016-08-23.
5. "Canada-United States Free Trade Agreement (FTA)" (http://www.international.gc.ca/trade-agreements-accords-com
merciaux/agr-acc/us-eu.aspx?lang=eng). Foreign Affairs, Trade, and Development Canada. Retrieved December 3,
2014.
6. "NAFTA's Economic Impact" (https://www.cfr.org/backgrounder/naftas-economic-impact). Council on Foreign
Relations. Retrieved 2017-07-18.
7. "Poll Results | IGM Forum"(http://www.igmchicago.org/igm-economic-experts-panel/poll-results?SurveyID=SV_0dfr9
yjnDcLh17m). www.igmchicago.org. 13 March 2012. Retrieved 2016-01-01.
8. Burfisher, Mary E; Robinson, Sherman; Thierfelder, Karen (2001-02-01). "The Impact of NAFTA on the United
States" (http://pubs.aeaweb.org/doi/abs/10.1257/jep.15.1.125)
. Journal of Economic Perspectives. 15 (1): 125–44.
CiteSeerX 10.1.1.516.6543 (https://citeseerx.ist.psu.edu/viewdoc/summary?doi=10.1.1.516.6543) .
doi:10.1257/jep.15.1.125 (https://doi.org/10.1257%2Fjep.15.1.125). ISSN 0895-3309 (https://www.worldcat.org/issn/
0895-3309).
9. Hiltzik, Michael (2017-01-30)."NAFTA doesn't count for much economically, but it's still a huge political football.
Here's why" (http://www.latimes.com/business/hiltzik/la-fi-hiltzik-nafta-politics-20170130-story.html). Los Angeles
Times. ISSN 0458-3035 (https://www.worldcat.org/issn/0458-3035). Retrieved 2017-07-18.
10. Rodrik, Dani (June 2017). "Populism and the Economics of Globalization".
NBER Working Paper No. 23559.
doi:10.3386/w23559 (https://doi.org/10.3386%2Fw23559).
11. "Driving Home the Importance of NAFT
A | Econofact" (http://econofact.org/driving-home-the-importance-of-nafta)
.
Econofact. Retrieved 2017-02-15.
12. Eric Martin, Trump Killing Nafta Could Mean Big Unintended Consequences for the U.S.(https://www.bloomberg.co
m/news/articles/2015-10-01/trump-killing-nafta-could-mean-big-unintended-consequences-for-the-u-s-)
, Bloomberg
Business (October 1, 2015).
13. "Which American producers would suffer from ending NAFTA?" (https://www.economist.com/blogs/graphicdetail/201
7/02/daily-chart-2). The Economist. Retrieved 2017-02-19.
14. https://www.ft.com/content/b0f343aa-ab3a-3657-8b57-f0086cfaa006
15. "North American Free Trade Agreement (NAFTA)" (http://www.thecanadianencyclopedia.ca/en/article/north-american
-free-trade-agreement-nafta/). The Canadian Encyclopedia. Historica Canada. Retrieved 19 November 2017.
16. Foreign Affairs and International trade Canada: Canada and the World: A History - 1984–1993: "Leap of Faith(http://
www.international.gc.ca/department/history/canada10-en.asp)
17. NAFTA: Final Text, Summary, Legislative History & Implementation Directory. New York: Oceana Publications. 1994.
pp. 1–3. ISBN 0-379-00835-1.
18. Labor Advisory Committee for Trade Negotiations and Trade Policy; established under theTrade Act of 1974.
19. Preliminary Report of the Labor Advisory Committee for rTade Negotiations and Trade Policy on the North American
Free Trade Agreement (https://babel.hathitrust.org/cgi/pt?id=uc1.31822015070683)
, dated Sept. 16, 1992
(Washington, D.C.: Executive Office of the President, Office of the U.S. Trade Representative, 1992), i, 1.
20. For an overview of the process, seeNoam Chomsky, “‘Mandate for Change,’ or Business as Usual”(https://zcomm.o
rg/wp-content/uploads/zbooks/www/chomsky/articles/z9302-mandate.html)
, Z Magazine 6, no. 2 (February 1993)...
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