Let’s Read the Thing Together, Part 10 of 21

This is:

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Section. 9.

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.

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.

I’m not your lawyer. This is not legal advice.

So, this opens right up with a part that isn’t worth paying a lot of attention to, because of amendments, but it’s worth looking at briefly, because of history. The text talks about the “migration or importation of persons,” which means slavery, and says it can’t be regulated until 1808 but it can be taxed, up to $10 a person. Now, with inflation, $10 per person is still a tax on slaves, and it’s enshrined right there in the document. 

Congress cannot suspend habeas corpus, except when it can, and no “bill of attainder” or ex post facto law can be passed. “Ex post facto” refers to a law criminalizing past conduct. A bill of attainder is legislation that says a person (or group) is guilty of a crime. Congress can criminalize acts, but cannot simply pass a bill that says “Democrats are guilty of Fraud,” not that anybody would ever suggest that. 

This section also probibits taxes that are based on anything but the census (see $10 per person slave tax). This will change with the sixteenth amendment, so don’t get all happy and forget to pay your taxes. 

States can’t tarrif each other and the Fed can’t either, and can’t give preference to ships from the ports of one over another, which is I’m sure news to the Iowa navy. 

There’s a little bit of Sunshine law here, prohibiting slush funds generally and requiring the budget be published.

And finally, no kings. And anybody who works for the federal government has to get congress’s approval to accept a present or title from royalty (or other foreign governments).Well, if they were saving the best part of Article I for last, I’ll bet we’re in for a treat next week!