The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
Section 9. Clause 1. 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.
Powers Denied to Congress
GENERAL PURPOSE OF THE SECTION
This section of the Constitution (containing eight clauses restricting
or prohibiting legislation affecting the importation of slaves, the
suspension of the writ of _habeas corpus_, the enactment of bills of
attainder or _ex post facto_ laws, the levying of taxes on exports, the
granting of preference to ports of one State over another, the granting
of titles of nobility, etc.,) is devoted to restraints upon the power of
Congress and of the National Government,[1432] and in no respect affects
the States in the regulation of their domestic affairs.[1433]
The above clause, which sanctioned the importation of slaves by the
States for twenty years after the adoption of the Constitution, when
considered with the section requiring escaped slaves to be returned to
their masters (art. IV, Sec. 1, cl. 3), was held by Chief Justice Taney
in Scott _v._ Sanford,[1434] to show conclusively that such persons and
their descendants were not embraced within the term "citizen" as used in
the Constitution. Today is interesting only as an historical curiosity.
Clause 2. 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.
HABEAS CORPUS
Purpose of the Writ
Public-domain text, read in full here on John Shaqi.
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