APPendIx B • The ConSTITUTIon of The UnITed STATeS 351
A writ of habeas corpus is a court order directing a sheriff
or other public officer who is detaining another person to
“produce the body” of the detainee so the court can assess
the legality of the detention.
Clause 3: Special Bills. No Bill of Attainder or ex post
facto Law shall be passed.
A bill of attainder is a law that inflicts punishment without
a trial. An ex post facto law is a law that inflicts punish-
ment for an act that was not illegal when it was committed.
Clause 4: Direct Taxes. [No Capitation, or other direct,
Tax shall be laid, unless in Proportion to the Census or
Enumeration herein before directed to be taken.]^6
A capitation is a tax on a person. A direct tax is a tax paid
directly to the government, such as a property tax. This
clause was intended to prevent Congress from levying a
tax on slaves per person and thereby taxing slavery out of
existence.
Clause 5: Export Taxes. No Tax or Duty shall be laid on
Articles exported from any State.
Congress may not tax any goods sold from one state to
another or from one state to a foreign country. (Congress
does have the power to tax goods that are bought from other
countries, however.)
Clause 6: Interstate Commerce. 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.
Congress may not treat different ports within the United
States differently in terms of taxing and commerce powers.
Congress may not give one state’s port a legal advantage
over the ports of another state.
Clause 7: Treasury Withdrawals. 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.
Federal funds can be spent only as Congress authorizes.
This is a significant check on the president’s power.
Clause 8: Titles of Nobility. No Title of Nobility shall be
granted by the United States: And no Person holding
any Office of Profit or Trust under them, shall, with
out the Consent of the Congress, accept of any present,
Emolument, Office, or Title, of any kind whatever, from
any King, Prince, or foreign State.
No person in the United States may hold a title of nobility,
such as duke or duchess. This clause also discourages brib-
ery of American officials by foreign governments.
Section 10. Those Powers Denied to the States
Clause 1: Treaties and Coinage. No State shall enter into
any Treaty, Alliance, or Confederation; grant Letters ofClause 15: The Militia. To provide for calling forth the
Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions;
The militia is known today as the National Guard. Both
Congress and the president have the authority to call the
National Guard into federal service.
Clause 16: How the Militia Is Organized. 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 disci
pline prescribed by Congress;
This clause gives Congress the power to “federalize” state
militia (National Guard). When called into such service, the
National Guard is subject to the same rules that Congress
has set forth for the regular armed services.
Clause 17: Creation of the District of Columbia. To exer
cise 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 of the Legislature of
the State in which the Same shall be, for the Erection of
Forts, Magazines, Arsenals, dockYards, and other need
ful Buildings;—And
Congress established the District of Columbia as the
national capital in 1791. Virginia and Maryland had
granted land for the District, but Virginia’s grant was
returned because it was believed it would not be needed.
Today, the District covers sixty-nine square miles.
Clause 18: The Elastic Clause. 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.
This clause—the necessary and proper clause, or the elastic
clause—grants no specific powers, and thus it can be stretched
to fit different circumstances. It has allowed Congress to
adapt the government to changing needs and times.
Section 9. The Powers Denied to Congress
Clause 1: Question of Slavery. The Migration or Impor
tation 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 hun
dred and eight, but a Tax or duty may be imposed on such
Importation, not exceeding ten dollars for each Person.
“Persons” referred to slaves. Congress outlawed the slave
trade in 1808.
Clause 2: Habeas Corpus. 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. 6. Modified by the Sixteenth Amendment.9781285436388_em_appb_347-362.indd 351 10/22/13 7:03 AM
Copyright 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. Due to electronic rights, some third party content may be suppressed from the eBook and/or eChapter(s).
Editorial review has deemed that any suppressed content does not materially affect the overall learning experience. Cengage Learning reserves the right to remove additional content at any time if subsequent rights restrictions require it.