Article I · Section 9 of 10
What Congress cannot do
Article I: Congress
The one-line version
Limits on Congress, like protecting habeas corpus and banning titles of nobility.
Section 9 in plain English
Congress could not ban "the Migration or Importation of such Persons" that states chose to admit until 1808. It could tax each person brought in up to ten dollars.
Note: This clause protected the overseas slave trade until 1808. Congress banned bringing enslaved people into the country starting January 1, 1808, the earliest date this clause allowed. Slavery itself continued until the Thirteenth Amendment (1865).
Congress cannot suspend habeas corpus except during a rebellion or invasion when public safety requires it. Habeas corpus means a jailed person can ask a court to decide if they are being held lawfully.
Congress cannot pass a bill of attainder, meaning a law that declares a specific person guilty without a trial.
Congress cannot pass an ex post facto law, meaning a law that punishes something that was legal when it was done.
Congress cannot pass a direct tax, such as a tax on each person, unless it is divided among states by population.
Note: The Sixteenth Amendment (1913) lets Congress tax income without dividing it by population.
Congress cannot tax goods shipped out of any state.
Trade and tax laws cannot favor one state's ports over another's. Ships going between states cannot be forced to pay duties in another state.
The government can spend money only when a law approves it. It must publish regular reports of what it takes in and spends.
The United States cannot give anyone a title of nobility, like "duke." Federal officials cannot accept gifts, payments, offices, or titles from foreign governments without Congress's consent.
Original text, 1788
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.
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.
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.