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U.S. Constitution study guide: Difference between revisions
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→Section 9. (Enumerated limits on the powers of Congress)
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* 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}}''', 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. | The Privilege of the {{#tip-text:Writ of Habeas Corpus|Writ of Habeas Corpus | ||
* = order to "show the body" | |||
* = the requirement that a prisoner or person held by the government be brought to a court, judge, or magistrate to be tried with a crime | |||
* = a fundamental procedural right that protects against imprisonment without being charged | |||
* = a fundamental protection against arbitrary law}}''' 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 | No '''{{#ttip-text:Bill of Attainder|Bill of Attainder | ||
* = a law or legislative act that declares a person or specific group of people guilty of a crime and punishes them without a trial | |||
* this Constitutional protection keeps individuals from being singled out in state or federal laws for punishment | |||
* "Attainders" (meaning "tainted") come from English law, where the process of declaring a person guilty and confiscating property and/or imprisoning them was a power of the Parliament | |||
* Note: "Private bills" were those acts of Parliament that applied to a specific person; "private bills" only become an '"attainder" if the act includes a punishment. In America, the Congress may pass legislation directed at a specific person, only it must not include a punishment or sanction. | |||
* The protection against Bills of Attainder: | |||
* = a procedural right / protection against arbitrary law | |||
* = equal a separation of powers, for bills of attainder allow a legislature sit in judgment of a crime.}}''' or e'''{{#tip-text:x post facto Law|ex post facto | |||
* = "after the fact" | |||
* the Constitution protects against Congress or the States from enacting laws that can be applied backwards in time, | |||
* i.e., making illegal an action that was previously legal and enforcing the new law against old actions.}}''' 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. | '''{{#tip-text:No Capitation, or other direct, Tax|Capitation or "direct" Tax | ||
* = 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 limitation was ruled by the Supreme Court in 1895 ("Pollock v " ) to prohibit a direct tax on incomes | |||
* the 16th amendment removed this limitation and allowed for a federal tax on individual incomes.}}''' 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 Tax or Duty shall be laid on Articles exported from any State. | ||
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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 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. | No '''{{#tip-text:Title of Nobility|No Title of Nobility | ||
* = prohibition against assigning titles of nobility (duke, lord, prince, etc.) | |||
* nobility = hereditary and is thereby arbitrary | |||
* this prohibition can be seen as a protection against arbitrary law | |||
* the prohibition is repeated in Article I, Section 10, where it is applied to the States}}''' 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. | |||
===Section 10. (limits on powers of the states)=== | ===Section 10. (limits on powers of the states)=== | ||