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US Constitution study guide: Difference between revisions
→Section 9. [Enumerated limits on the powers of Congress]
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* many of these restrictions represent limits on abuses of powers experienced by the colonies under British rule}}''' | * many of these restrictions represent limits on abuses of powers experienced by the colonies under British rule}}''' | ||
The '''{{#tip-text: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|Congress may not ban importation of slaves or indentured servants before 1808 | <span style="background-color:#cccccc>The '''{{#tip-text: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|Congress may not ban importation of slaves or indentured servants before 1808 | ||
* here the Constitution addresses the slave trade (as ever, without calling slavery by its name) with the compromise that importation of slaves end by that date | * here the Constitution addresses the slave trade (as ever, without calling slavery by its name) with the compromise that importation of slaves end by that date | ||
* Southern states agreed to the prohibition largely out of the necessity of compromise along with the notion that the end of slave importation would enhance the value of existing slaves | * Southern states agreed to the prohibition largely out of the necessity of compromise along with the notion that the end of slave importation would enhance the value of existing slaves | ||
* by 1808, the South no longer objected to an importation ban and the "Act Prohibiting Importation of Slaves" was passed in 1807, banning importation of slaves as of January 1, 1808}}''', but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person. | * by 1808, the South no longer objected to an importation ban and the "Act Prohibiting Importation of Slaves" was passed in 1807, banning importation of slaves as of January 1, 1808 | ||
* this provision was annulled by the Thirteenth Amendment which banned slavery}}''', but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.</span> | |||
The Privilege of the '''{{#tip-text:Writ of Habeas Corpus|Writ of Habeas Corpus | The Privilege of the '''{{#tip-text:Writ of Habeas Corpus|Writ of Habeas Corpus | ||
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* i.e., making illegal an action that was previously legal and enforcing the new law against old actions.}}''' shall be passed. | * i.e., making illegal an action that was previously legal and enforcing the new law against old actions.}}''' shall be passed. | ||
No '''{{#tip-text:Capitation, or other direct, Tax|Capitation or "direct" Tax | <span style="background-color:#cccccc>No '''{{#tip-text:Capitation, or other direct, Tax|Capitation or "direct" Tax | ||
* = taxes laid directly on citizens without any specific reason such as income or property | * = taxes laid directly on citizens without any specific reason such as income or property | ||
* the Constitution here requires that any direct tax be apportioned across the states based on population | * the Constitution here requires that any direct tax be apportioned across the states based on population | ||
* the limitation was ruled by the Supreme Court in 1895 ("Pollock v Farmers' Loan & Trust") to prohibit a direct tax on incomes | * the limitation was ruled by the Supreme Court in 1895 ("Pollock v Farmers' Loan & Trust") to prohibit a direct tax on incomes | ||
* the 16th amendment removed this limitation and allowed for a federal tax on individual incomes | * the 16th amendment removed this limitation and allowed for a federal tax on individual incomes | ||
* for more notes see the Enumeration clause in Article I, Section 2}}''' shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken. | * for more notes see the Enumeration clause in Article I, Section 2}}''' shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.</span> | ||
No Tax or Duty shall be laid on Articles exported from any State. | No Tax or Duty shall be laid on Articles exported from any State. | ||