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Section 9

Section 9. Powers Denied to Congress p. 765. Clause 1- a compromise. Between 1789-1808, Congress couldn’t restrict the slave trade. In 1808, Congress outlawed the importation of slaves. Clause 2.

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Section 9

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  1. Section 9 Powers Denied to Congress p. 765

  2. Clause 1- a compromise • Between 1789-1808, Congress couldn’t restrict the slave trade. • In 1808, Congress outlawed the importation of slaves

  3. Clause 2 • No suspension of the use of the Writ of Habeas Corpus, unless in cases of rebellion or invasion

  4. Writ of Habeas Corpus Court order to prison official or other person who has restrained the liberty of a person, to bring that person before the court so that it can be shown that there is appropriate cause to hold that person in custody Latin: “You have the body” From English common law Congress can only restrict the use of a Writ of Habeas Corpus in an Emergency

  5. Clause 3-No Bill of Attainder • A legislative act that singles out an individual or group for punishment without a trial. • Laud • U.S. v. Brown • Bail-out bonus • Japanese Interment

  6. Ex post facto laws • “after the fact” • laws adopted after an act is committed making it illegal although it was legal when done • Domestic abuse/gun act • Sex offender registration

  7. Clause 4Originally, no direct tax • Amended by 16th Amendment, which created the income tax

  8. Other Exclusions • No tax on exports • All must be taxed equally • While Congress has the “power of the purse”, it must keep and publish careful records of expenditures • Can’t grant titles of nobility or accept such from foreign states

  9. Amendment 10 • The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

  10. Text p. 309Close-up On Primary Sources

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