Omar Bennett
Article I of the U.S. Constitution outlines the design of the legislative branch of the U.S. government, also known as Congress. It details the separation of powers between the branches of government, the election of Senators and Representatives, the law-making process, and the powers granted to Congress. While Congress has been granted a wide range of powers, there are certain areas where its authority is limited or prohibited.
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What You'll Learn
No power to coin money
Article I, Section 10 of the U.S. Constitution explicitly states that "no state shall...coin money". This clause is often referred to as the "coinage clause". The Constitution, therefore, does not grant Congress the power to coin money. This power is prohibited to the states.
The Supreme Court has interpreted this clause as giving Congress the exclusive power to coin money and regulate the value of U.S. currency. This includes the power to charter banks and allow them to issue circulating notes, such as coins, banknotes, and government notes.
The Supreme Court has also upheld Congress's power to regulate currency by making Treasury notes legal tender in satisfaction of antecedent debts. This includes the abrogation of clauses in pre-existing private contracts calling for payment in gold coin or allowing bondholders to elect to be paid in foreign currencies.
Additionally, the Supreme Court has ruled that Congress can levy taxes on banknotes issued by state banks or "municipal corporations", allowing them to restrain currencies not issued under their authority. This power extends to prohibiting the use of anything other than gold or silver coins as legal tender.
The "necessary and proper clause" in Article I, Section 8, Clause 18, further supports Congress's power to regulate currency. This clause allows Congress to pass federal laws necessary for carrying out its powers, including enumerating and punishing crimes related to counterfeiting.
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Can't enter into treaties
The US Constitution explicitly states that "no State shall enter into any Treaty, Alliance, or Confederation". This restriction on states is included in the Constitution to ensure compliance with the nation's international obligations, particularly its commitments to England under the 1783 Treaty of Peace that ended the Revolutionary War.
The Treaty Clause, or Article II, Section 2, of the Constitution, vests the power to make treaties in the national government. It states that the president "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur". The Senate does not ratify treaties; it gives its advice and consent to ratification, and it is the president who ratifies the treaty by signing an instrument of ratification.
Congressional-executive agreements are another mechanism for making international agreements. These require a simple majority in both the Senate and the House of Representatives, followed by the signature of the president. Executive agreements are entered into unilaterally by the president pursuant to constitutional executive powers.
While the Constitution does not provide for an alternative to the Article II treaty procedure, Article I, Section 10, distinguishes between "treaties" (which states are forbidden to make) and "agreements" (which states may make with congressional consent). Legal scholars interpret this provision as permitting a class of less-important international agreements that do not warrant the Treaty Clause procedure.
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Can't emit bills of credit
The US Constitution prohibits states from emitting bills of credit. This is mentioned in Article One, Section 10, Clause One (also known as the Contract Clause) of the US Constitution. Bills of credit are documents similar to banknotes issued by a government that represent a government's indebtedness to the holder. They are typically designed to circulate as currency or currency substitutes.
The issuing of bills of credit by state governments is prohibited. This was a direct response to how states managed their financial policy during the era of the Articles of Confederation. While all states theoretically recognized the American Continental as their official currency, nearly every state issued its own bills of credit, which devalued the Continental and led to its collapse as a currency.
The inclusion of the Contract Clause in the US Constitution was prompted by the painful experience of runaway inflation and the collapse of the Continental dollar. This was caused by the issuing of bills of credit, which were referred to as Continentals, during the American Revolutionary War. The issuance of bills of credit by the Continental Congress led to price inflation and a drop in value relative to the pound sterling.
The US government has, at various times throughout history, issued bills of credit in place of paper currency, particularly during wartime. For example, in 1862, the US Department of the Treasury began to issue United States Notes as obligations of the United States. These notes are considered bills of credit as they were inserted into circulation free of interest.
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Can't suspend habeas corpus
The U.S. Constitution, in Article 1, Section 9, states that "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." This clause, known as the Suspension Clause, places a restriction on the power to suspend habeas corpus, allowing it only in specific circumstances where there is a clear and present danger to public safety. The writ of habeas corpus is a legal procedure that protects individuals from unlawful detention by requiring their case to be brought before a court. It is a foundational right that safeguards against arbitrary imprisonment and ensures that individuals have the right to challenge the legality of their detention.
Throughout history, there have been rare instances where habeas corpus has been suspended. During the Civil War, President Abraham Lincoln unilaterally suspended habeas corpus, and Congress retroactively approved his decision two years later. In the years following, Congress voted to suspend habeas corpus in parts of South Carolina due to Ku Klux Klan violence during Reconstruction. Additionally, in 1905, U.S. officials suspended habeas corpus in the Philippines, then a U.S. territory, amid concerns about an insurrection.
In modern times, the debate around suspending habeas corpus has resurfaced. Following the 9/11 terrorist attacks, Congress passed legislation expanding the executive branch's surveillance powers, but neither Congress nor President George W. Bush suspended habeas corpus. More recently, in 2025, officials in the Trump administration suggested that President Donald Trump might suspend habeas corpus to address illegal immigration, characterizing it as an "invasion." However, this proposal faced strong opposition, with Democratic Senator Maggie Hassan asserting that habeas corpus is a foundational right that distinguishes free societies from police states.
The power to suspend habeas corpus is not solely vested in Congress, as the Suspension Clause does not specify which branch of government holds this authority. While Congress has historically played a role in authorizing suspensions, the president also has the power to suspend habeas corpus. However, any suspension must adhere to the strict limitations set forth by the Constitution, ensuring that this power is exercised only in extraordinary circumstances where public safety is at risk.
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Can't pass ex post facto laws
The United States Constitution prohibits Congress from passing ex post facto laws. This is outlined in Clause 3 of Article I, Section 9 of the Constitution.
Ex post facto laws are criminal statutes that punish actions retroactively, thereby criminalizing conduct that was legal when originally performed. In other words, ex post facto laws prohibit legislatures from retroactively criminalizing behaviour. For example, the Criminal Justice Act 2003 in the UK allows for the retrial of individuals acquitted of murder or other serious offences if new and compelling evidence emerges. This law can be applied retroactively, meaning individuals acquitted before the law came into force can still be retried.
The US Constitution also prohibits the states from passing any laws that apply ex post facto. The Supreme Court has defined the scope of ex post facto laws as any statute that:
- Punishes as a crime an act previously committed that was innocent when done
- Makes the punishment for a crime more burdensome after its commission
- Deprives one charged with a crime of any defence available according to law at the time when the act was committed
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Frequently asked questions
Article I of the Constitution describes the design of the legislative branch of the US government, or Congress. Congress is granted legislative powers, which include the power to lay and collect taxes, duties, imposts, and excises, as well as to regulate commerce with foreign nations and among the states.
Article I also establishes checks and balances on Congress's powers. For example, no person shall be a Representative who has not attained the age of twenty-five years, and been seven years a citizen of the United States. In addition, Representatives and direct taxes must be apportioned among the states according to their respective numbers, with free persons and three-fifths of other persons included in the count.
The Constitution also outlines powers that are not granted to Congress. For example, no state shall enter into any treaty, alliance, or confederation without the consent of Congress. Similarly, no state can coin money, emit bills of credit, or make anything but gold and silver coin a tender in payment of debts.
Congress is granted a variety of other powers, including the power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. They can also raise and support armies, but no appropriation of money for that use shall be for longer than two years.
