Publius Blog – Page 5 – Taking the U.S. Constitution seriously

Article 1, Section 9, Clause 6: Prohibition on Port Preferences

Posted on June 20, 1787
/Under Clause 6: Prohibition on Port Preferences
/With 0 Comments

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. This clause might seem uncontroversial, but in fact there…continue reading →

Article 1, Section 9, Clause 5: Prohibition on taxes on exports

Posted on June 19, 1787
/Under Clause 5: Prohibition on taxes on exports
/With 0 Comments

No Tax or Duty shall be laid on Articles exported from any State. This relatively straightforward and uncontroversial clause prohibits any duty or export tax on anything exported from the United States. A Harbor Maintenance Tax was struck down in 1996 on the basis of this clause, since the tax…continue reading →

Article 1, Section 9, Clause 4: Prohibition on direct taxation

Posted on June 18, 1787
/Under Clause 4: No direct taxes
/With 0 Comments

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. Under U.S. constitutional law, a direct tax is a tax per person (a capitation tax), a tax on personal property, or a tax on real property. This…continue reading →

Article 1, Section 9, Clause 3: Bills of Attainder; Ex Post Facto Laws

Posted on June 16, 1787
/Under Clause 3: Bills of Attainder; Ex Post Facto Laws
/With 0 Comments

No Bill of Attainder or ex post facto Law shall be passed. A bill of attainder is an act by a legislature that declares a person or a clearly identifiable group of persons to be guilty of a crime, and imposes punishment, without a trial. It nullifies the usual procedural…continue reading →

Article 1, Section 9, Clause 2: Habeas Corpus

Posted on June 15, 1787
/Under Clause 2: Habeas Corpus
/With 0 Comments

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. The writ of habeas corpus, sometimes called the Great Writ, is one of the oldest and most important procedural safeguards in the English legal…continue reading →

Article 1, Section 9, Clause 1: Slave Trade Clause

Posted on June 14, 1787
/Under Clause 1: Slave Trade Clause, Uncategorized
/With 0 Comments

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…continue reading →

Article 1, Section 8, Clause 18: Necessary and Proper Clause

Posted on June 13, 1787
/Under Clause 18: Necessary and Proper Clause
/With 0 Comments

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 Elastic Clause exists so that the Constitution does not have…continue reading →

Article 1, Section 8, Clause 17: District of Columbia

Posted on June 13, 1787
/Under Clause 17: District of Columbia
/With 0 Comments

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…continue reading →

Article 1, Section 8, Clause 16: Regulation of the Militia

Posted on June 12, 1787
/Under Clause 16: Regulation of the Militia
/With 0 Comments

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…continue reading →

Article 1, Section 8, Clause 15: The Militia

Posted on June 11, 1787
/Under Clause 15: The Militia
/With 0 Comments

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; Congress enacts the statutes under which the militia is "called to the colors"; that is, mobilized for federal service. Under the Constitution, Congress is restricted to calling forth the militia only…continue reading →