Article I Sections 9 & 10: Limitations on Congress and the States
Art. Sect. 9: Slave Trade <ul><li>Stated that slave trade could not be prohibited by Congress before 1808 AND allowed a ta...
The second provision prevented Congress from taxing the slave trade out of existence.
When was the importation of slaves officially banished in the U.S.? </li></ul>
Art. Sect. 9 #1 Slave Trade <ul><li>Stated that slave trade could not be prohibited by Congress before 1808 AND allowed a ...
The second provision prevented Congress from taxing the slave trade out of existence.
When was the importation of slaves officially banished in the U.S.?  Jan. 1, 1808
Did this stop the slave trade? </li></ul>
Art. Sect. 9 #1 Slave Trade <ul><li>Stated that slave trade could not be prohibited by Congress before 1808 AND allowed a ...
The second provision prevented Congress from taxing the slave trade out of existence.
When was the importation of slaves officially banished in the U.S.? Jan. 1, 1808
Did this stop the slave trade?
- No, it continued illegally on an international basis as well as between states
Note: This clause is now obsolete. </li></ul>
Art. I Sect. 9: Habeas Corpus <ul><li>Writ of habeas corpus = ? </li></ul>
Art. I Sect. 9: Habeas Corpus <ul><li>Writ of  habeas corpus  = Latin for “you have the body”
- the writ is a piece of paper which states the reason why one is being held in custody (or prison); it prevents the govt ...
Congress cannot suspend this right except in times of rebellion or invasion to protect public safety
Has it ever been suspended in the U.S.? </li></ul>
Art. I Sect. 9: Habeas Corpus <ul><li>Writ of  habeas corpus  = Latin for “you have the body”
- the writ is a piece of paper which states the reason why one is being held in custody (or prison); it prevents the govt ...
Congress cannot suspend this right except in times of rebellion or invasion to protect public safety
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Week 6.3 limitations on congress & states

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Limits on State Powers

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Week 6.3 limitations on congress & states

  1. 1. Article I Sections 9 & 10: Limitations on Congress and the States
  2. 2. Art. Sect. 9: Slave Trade <ul><li>Stated that slave trade could not be prohibited by Congress before 1808 AND allowed a tax to be imposed on imported slaves not to exceed $10 per slave.
  3. 3. The second provision prevented Congress from taxing the slave trade out of existence.
  4. 4. When was the importation of slaves officially banished in the U.S.? </li></ul>
  5. 5. Art. Sect. 9 #1 Slave Trade <ul><li>Stated that slave trade could not be prohibited by Congress before 1808 AND allowed a tax to be imposed on imported slaves not to exceed $10 per slave.
  6. 6. The second provision prevented Congress from taxing the slave trade out of existence.
  7. 7. When was the importation of slaves officially banished in the U.S.? Jan. 1, 1808
  8. 8. Did this stop the slave trade? </li></ul>
  9. 9. Art. Sect. 9 #1 Slave Trade <ul><li>Stated that slave trade could not be prohibited by Congress before 1808 AND allowed a tax to be imposed on imported slaves not to exceed $10 per slave.
  10. 10. The second provision prevented Congress from taxing the slave trade out of existence.
  11. 11. When was the importation of slaves officially banished in the U.S.? Jan. 1, 1808
  12. 12. Did this stop the slave trade?
  13. 13. - No, it continued illegally on an international basis as well as between states
  14. 14. Note: This clause is now obsolete. </li></ul>
  15. 15. Art. I Sect. 9: Habeas Corpus <ul><li>Writ of habeas corpus = ? </li></ul>
  16. 16. Art. I Sect. 9: Habeas Corpus <ul><li>Writ of habeas corpus = Latin for “you have the body”
  17. 17. - the writ is a piece of paper which states the reason why one is being held in custody (or prison); it prevents the govt from holding political enemies indefinitely for no specific charge
  18. 18. Congress cannot suspend this right except in times of rebellion or invasion to protect public safety
  19. 19. Has it ever been suspended in the U.S.? </li></ul>
  20. 20. Art. I Sect. 9: Habeas Corpus <ul><li>Writ of habeas corpus = Latin for “you have the body”
  21. 21. - the writ is a piece of paper which states the reason why one is being held in custody (or prison); it prevents the govt from holding political enemies indefinitely for no specific charge
  22. 22. Congress cannot suspend this right except in times of rebellion or invasion to protect public safety
  23. 23. Has it ever been suspended in the U.S.?
  24. 24. - Yes, during the Civil War </li></ul>
  25. 25. Art. I Sect. 9: No Bill of Attainder or Ex Post Facto Law <ul><li>Bill of Attainder = ? </li></ul>
  26. 26. Art. I Sect. 9: No Bill of Attainder or Ex Post Facto Law <ul><li>Bill of Attainder = a law that declares someone is guilty of a crime, usually treason, without giving that person the right to a trial
  27. 27. Ex Post Facto Law = ? </li></ul>
  28. 28. Art. I Sect. 9: Bill of Attainder or Ex Post Facto Law <ul><li>Bill of Attainder = a law that declares someone is guilty of a crime, usually treason, without giving that person the right to a trial
  29. 29. Ex Post Facto Law = a law that declares an act to be a crime after it has been committed
  30. 30. These types of law are forbidden under the Constitution
  31. 31. Why is this a good idea? </li></ul>
  32. 32. Art. I Sect. 9: Bill of Attainder or Ex Post Facto Law <ul><li>Bill of Attainder = a law that declares someone is guilty of a crime, usually treason, without giving that person the right to a trial
  33. 33. Ex Post Facto Law = a law that declares an act to be a crime after it has been committed
  34. 34. These types of law are forbidden under the Constitution
  35. 35. Why is this a good idea?
  36. 36. - Kings and others used these tactics to punish and silence their enemies without regard for their rights. They are definitely tyrannical. </li></ul>
  37. 37. Art. I Sect. 9: Direct Taxes <ul><li>What is a direct tax? </li></ul>
  38. 38. Art. I Sect. 9: Direct Taxes <ul><li>What is a direct tax ?
  39. 39. - a tax that is levied directly on a person just for existing; it cannot be avoided
  40. 40. Indirect taxes = taxes levied on activities that could be avoided if one so chooses such as sales taxes or import duties.
  41. 41. Also known as a capitation (or head) tax
  42. 42. Had to be proportional to the census results and equally levied across the nation – same tax on everyone
  43. 43. 16 th Amendment did away with this limitation, allowing federal govt to tax income directly w/o regard to the census or apportionment amongst the states </li></ul>
  44. 44. Art. I Sect. 9: No tax on exports of the states <ul><li>Neither those goods exported to other states or other nations can be taxed.
  45. 45. This type of tax was seen as anti-business, which it certainly is. </li></ul>
  46. 46. Art. I Sect. 9: Regarding state ports & favoritism <ul><li>Congress cannot give preference to any port or state through its laws
  47. 47. Congress cannot tax trade between the states even when that trade is carried on over the seas or other passages of water such as rivers </li></ul>
  48. 48. Art. I Sect. 9: Treasury procedures <ul><li>Treasury money can be spent only under the express approval of Congress
  49. 49. Appropriation = ? </li></ul>
  50. 50. Art. I Sect. 9: Treasury procedures <ul><li>Treasury money can be spent only under the express approval of Congress
  51. 51. Appropriation = specific amount of money set aside under the authority of Congress
  52. 52. Thus, Congress has the power of the purse.
  53. 53. Regular financial reports have to be filed by the Secretary of the Treasury </li></ul>
  54. 54. Art. I Sect. 9: No titles of nobility <ul><li>Congress cannot grant titles of nobility such as duke, earl, baron, etc. to anyone
  55. 55. Neither can anyone holding a public office accept such titles or other gifts, money, or offices from another country without the permission of Congress
  56. 56. Why was this added? </li></ul>
  57. 57. Art. I Sect. 9: No titles of nobility <ul><li>Congress cannot grant titles of nobility such as duke, earl, baron, etc. to anyone
  58. 58. Neither can anyone holding a public office accept such titles or other gifts, money, or offices from another country without the permission of Congress
  59. 59. Why was this added?
  60. 60. - to prevent abuses of nobility seen in other nations
  61. 61. - to prevent those in office from being beholden to foreign nations </li></ul>
  62. 62. Art. I Sect. 10: Powers Denied to the States <ul>States cannot do the following: <li>Enter into a treaty, alliance, or confederation (Civil War??)
  63. 63. Grant letters of marque or reprisal
  64. 64. Coin money
  65. 65. Issue bills of credit
  66. 66. Make anything other than gold or silver into legal tender to pay debts ( Hmm, is this one still followed? )
  67. 67. Pass any bill of attainder, ex post facto law, or law interfering with the obligations of contracts
  68. 68. Grant any title of nobility </li></ul>
  69. 69. Art. I Sect. 10: More powers forbidden to the States <ul><li>No state can levy taxes on imports or exports without Congress's permission other than to pay for inspection costs
  70. 70. Any net proceeds from such taxes will go into the U.S. Treasury
  71. 71. All such laws are subject to the revision and control of Congress </li></ul>
  72. 72. Art. I Sect. 10: More powers forbidden to the states <ul><li>The following powers are denied to the states unless Congress gives its consent:
  73. 73. Tax ships entering their ports
  74. 74. Keep troops or ships of war in times of peace
  75. 75. Enter into any agreement or compact with another state or foreign power, or engage in war UNLESS invaded or in imminent danger which will not allow for a delay.
  76. 76. NOTE - This bears repeating: either Congress or the states had jurisdiction in the various areas of law. They were not supposed to share jurisdiction. If Congress was given a power, it was denied to the states and vice versa. </li></ul>

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