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Powers Denied to Congress

Congress has numerous prohibited powers dealing with habeas corpus, regulation of commerce, titles of nobility, ex post facto and taxes.

Learning Objective

  • Recall the limits placed on Congressional power by Article 1, Section 9 of the Constitution


Key Points

    • The privilege of the Writ of Habeas Corpus shall not be suspended unless in cases of rebellion or invasion of public safety.
    • No preference shall be given by any regulation of commerce or revenue to ports of one state over another.
    • No title of nobility shall be granted by the United States and no person holding an office can accept gifts of any kind.
    • No bill of attainder of ex post facto law shall be passed.
    • No tax shall be laid unless in proportion to the census or enumeration.

Terms

  • habeas corpus

    A writ to bring a person before a court or a judge, most frequently used to ensure that a person's imprisonment, detention, or commitment is legal.

  • ex post facto

    Formulated or enacted after some event, and then retroactively applied to it.

  • attainder

    The state a prisoner enters once a death sentence (usually for treason) had been issued; the state of being stripped of all civil rights.

  • ex post facto law

    a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law


Full Text

Restrictions on Congress

Section 9 of Article 1 of the U.S. Constitution provided limits on Congressional powers. These limits are as follows:

  • The Migration or Importation of such Persons as any of the States now existing shall think proper to admit (referring to the slave trade) shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
  • The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
  • No Bill of Attainder 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 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.
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