many matters not specifically mentioned in the Constitution. This flexibility helps explain why
the Constitution is one of the oldest written constitutions and why it has needed so few
formal amendments.
Article I
Section 9
POWERS FORBIDDEN TO CONGRESS
(1 ) 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.
COMMENTARY:
This paragraph refers to the slave trade. Dealers in slaves, as well as some slaveholders,
wanted to make sure that Congress could not stop anyone from bringing African slaves into the
country before the year 1808. That year, Congress did ban the importation of slaves.
(2) 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.
COMMENTARY:
A writ of habeas corpus is a court order that commands officials who have a person in
custody to bring the person into court. The officials must explain to the judge why the person
is being restrained. If their explanation is unsatisfactory, the judge can order the prisoner
released.
(3) No Bill of Attainder or ex post facto Law shall be passed.
COMMENTARY:
A bill of attainder is an act passed by a legislature to punish a person without trial. An ex
post facto law is one that makes criminal an act that was not illegal when the act was committed.
This also includes an act that retroactively increases the punishment for a criminal act.
(4) No Capitation, [or other direct,] Tax shall be laid, unless in Proportion to the Census or
Enumeration herein before directed to be taken.
COMMENTARY:
A capitation is a tax collected equally from everyone. It is also called a head tax or poll
tax. The Supreme Court held that this section prohibits an income tax, but the 16th Amendment
set aside the effect of the court’s decision.