Simone Lawson
The United States Constitution lays out the legislative powers of Congress, consisting of a Senate and a House of Representatives, in Article I. This article also outlines the limitations on Congress, including the nondelegation doctrine, which prohibits Congress from delegating its legislative authority to the executive or judicial branches. Congress is also restricted from granting titles of nobility, and no member can accept gifts or titles from foreign powers without congressional consent. Congress must also tax according to the number of citizens in the country and cannot tax goods sold between states. Congress must assemble at least once a year and each house must keep a journal of its proceedings.
| Characteristics | Values |
|---|---|
| Taxation | Congress must tax according to the number of citizens in the country, according to the Census. However, the 16th Amendment changed this so Congress could charge and collect taxes however they wanted. Congress cannot tax things sold from one state to another state. |
| Ports | Congress cannot show preference to one state's port over another. No ships from one state can be taxed for using another state's port. |
| Spending | Congress cannot spend money without passing an Appropriations law. They must publish a regular statement of the Treasury Account. |
| Titles | Congress cannot give anyone a title of nobility (King, Queen, Prince, Lord, etc.), and no officer of the United States can accept any title, office, or payment from any other country without Congress' consent. |
| Slave Trade | Congress could not ban the slave trade until at least 1808, but a tax of up to $10 could be put on imported slaves. |
| Legislative Authority | Congress cannot delegate its legislative authority to either of the other branches of government (the nondelegation doctrine). |
| Voting Rights | Congress and the states are prohibited from conditioning the right to vote in federal elections on the payment of a poll tax or other types of tax. |
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What You'll Learn
Congress cannot spend money without passing an Appropriations law
This clause is designed to ensure that Congress exercises control over the spending of public funds. It requires that any expenditure of government money must be specifically authorized by Congress through the passage of a law. This law must be made public and is subject to the approval of the Treasury, which is responsible for managing the government's finances.
The appropriations law typically takes the form of an appropriations bill, which is a type of legislation that authorizes the government to spend a specified amount of money on particular purposes. These purposes can include anything from funding government agencies and programs to providing relief after a natural disaster. The appropriations process is typically an annual occurrence, with Congress passing a series of appropriations bills to fund the government for the upcoming fiscal year.
The requirement for an appropriations law ensures that Congress, as the legislative branch of government, maintains control over the federal budget and how taxpayer money is spent. It allows for a transparent and accountable process, as the details of the appropriations bills and the subsequent expenditures must be made public. This clause also helps to prevent executive overreach by ensuring that the executive branch cannot spend money without the explicit authorization of Congress.
In addition to passing appropriations laws, Congress also has a responsibility to conduct oversight and ensure that the money appropriated is spent as intended. This includes reviewing financial reports, conducting audits, and holding hearings to examine how funds have been used by government agencies and departments. By exercising this oversight role, Congress can help to prevent waste, fraud, and abuse in the spending of public funds.
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Congress cannot tax goods sold from one state to another
Congress is constitutionally prohibited from taxing goods sold from one state to another. This is outlined in Article I, Section Nine, Clause 5 of the US Constitution, which states that "Congress cannot tax things sold from one state to another state".
This clause is designed to prevent Congress from interfering with interstate commerce by imposing taxes on goods that cross state lines. The intention is to ensure free trade and commerce between the states, without the burden of additional taxes being levied on goods simply because they are sold across state borders.
This clause is one of several limitations on Congress outlined in Article I, Section Nine, which also includes clauses prohibiting Congress from giving preference to one state's ports over another, spending money without passing an appropriations law, and granting titles of nobility.
The limitations on Congress in Article I, Section Nine, are an important part of the US Constitution, ensuring that Congress does not overstep its authority and respect the rights of the states and the people. These limitations have been interpreted and reaffirmed over time, with some being clarified or altered by subsequent amendments to the Constitution.
While Congress cannot tax goods sold from one state to another, it is important to note that the 16th Amendment changed how Congress could "charge and collect taxes". This amendment allows Congress to charge and collect taxes without apportioning them among the states or basing them on the Census, giving Congress more flexibility in taxation.
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Congress cannot favour one port over another
Article I, Section Nine of the United States Constitution outlines several limitations on Congress. One of these limitations is that Congress cannot favour one state's port over another. This restriction is designed to prevent Congress from showing preference or providing advantages to specific states by regulating commerce or revenue in a way that benefits certain ports over others.
The specific clause states: "No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another". This means that Congress cannot use its power to regulate commerce or revenue to favour particular states or ports. All ports are to be treated equally under the law, and Congress must remain impartial in its decision-making regarding port-related matters.
This clause ensures a level playing field for all states regarding port activities and maritime trade. It prevents Congress from enacting policies that could give preferential treatment to specific ports, such as reduced taxes or fees, exclusive access to certain goods or services, or favourable regulations that could hinder competition from other ports.
Additionally, this clause is closely related to another part of the same clause, which states: "nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another". This ensures that vessels travelling between states are not subjected to unfair obligations or taxes when using the ports of other states. Together, these provisions maintain fairness and equal opportunity for all states and their respective ports.
By prohibiting Congress from favouring one port over another, this constitutional limitation helps to prevent potential abuse of power and ensures that all states have equal opportunities to engage in maritime trade and commerce. It is an important safeguard against potential favouritism or discrimination in port-related matters, contributing to a more balanced and fair economic environment for all states in the United States.
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Congress cannot grant titles of nobility
Congress is constitutionally prohibited from granting titles of nobility, as outlined in Article I, Section 9, Clause 8, also known as the Title of Nobility Clause. This clause prohibits Congress from bestowing any titles of nobility, such as King, Queen, Prince, or Lord, which originated in medieval Europe and continue in the United Kingdom. It also forbids any officer of the United States from accepting any title, office, or payment from a foreign country without the consent of Congress.
The Title of Nobility Clause is designed to prevent the creation of a hereditary aristocracy in the United States and to ensure that all citizens are equal before the law. It reflects the founding principles of the country, including democracy, equality, and the rejection of monarchical rule. By prohibiting the granting of titles of nobility, the clause reinforces the idea that power and privilege should be based on merit rather than birthright.
The clause also addresses the concern of foreign influence in the young American republic. By prohibiting civil officers from accepting gifts, payments, offices, or titles from foreign rulers or states without congressional consent, the clause aims to prevent corruption and ensure that American officials act in the best interests of the nation rather than foreign powers. This aspect of the clause highlights the importance placed on transparency and accountability in the conduct of government officials.
While the Title of Nobility Clause generally prohibits the acceptance of foreign titles, there have been instances in American history where Congress has allowed exceptions. For example, Congress has explicitly consented to the acceptance of foreign honours by certain individuals. On the other hand, there have also been attempts to revoke the citizenship of anyone accepting such honours, although these efforts did not succeed in gaining enough state ratifications.
The prohibition on granting titles of nobility by Congress remains in place today, reflecting the enduring importance of the principles of equality and democracy in the United States. It serves as a reminder of the country's founding ideals and the efforts to create a fair and just society, free from the influence of hereditary privilege.
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Congress cannot ban the slave trade until 1808
The United States Constitution, in Article 1, Section 9, protected a state's involvement in the Atlantic slave trade for twenty years from federal prohibition. This meant that Congress was prohibited from banning the slave trade until 1808. This clause was protected from being affected by constitutional amendment.
On March 2, 1807, Congress passed a bill called "An Act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord, One Thousand Eight Hundred and Eight." The Act Prohibiting Importation of Slaves of 1807 was a federal law that prohibited the importation of slaves into the United States and took effect on January 1, 1808, the earliest date permitted by the Constitution.
The Act was promoted by President Thomas Jefferson, who called for its enactment in his 1806 State of the Union Address. It reflected the general trend toward abolishing the international slave trade, which had been restricted or prohibited by individual states since the 1770s. However, it is important to note that the 1807 Act did not abolish the practice of slavery or the domestic slave trade within the United States.
Despite the Act, the Atlantic slave trade continued illegally for decades, and Americans continued to engage in the slave trade by transporting Africans to Cuba and other countries. The U.S. Navy was slow to enforce anti-slaving patrols, and even after legislation in 1820 authorized the use of naval vessels for this task, enforcement remained sporadic and ineffective.
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