Article I: Limits on the Powers of Congress

“I congratulate you, fellow-citizens, on the approach of the period at which you may interpose your authority constitutionally to withdraw the citizens of the United States from all further participation in those violations of human rights which have been so long continued on the unoffending inhabitants of Africa, and which the morality, the reputation, and the best interests of our country have long been eager to proscribe.”

—President Thomas Jefferson in his address to Congress, 1806

Article I, Section 9, of the Constitution outlines what Congress cannot do. This section of the Constitution includes what is known as the Slave Trade Clause, which prohibited the government from limiting the importation of (enslaved) “persons” until the year 1808, over 20 years after the Constitution took effect. This was a pivotal compromise between the southern states, where slavery was crucial to the economy, and other states that had, or were considering, abolishing slavery.

Article I, Section 9: Slave Trade Clause

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.

Article I, Section 9: 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.

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.

Habeas Corpus is a means by which a prisoner can test the legality of their imprisonment; for example, someone being imprisoned must be told why they are being imprisoned and receive judicial process. Article I, Section 9, prohibits Congress from suspending it. This clause also lays out other requirements and limits for Congress.

Article I, Section 9: Foreign Emoluments Clause

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.

Known as the Foreign Emoluments Clause, this clause is meant to prevent corruption and limit foreign influence on federal officers.

Take Notes

Using what you have learned about the powers and limits that the Constitution grants to and imposes on Congress, answer the following questions.