Unit 6 Powers Denied to Congress
(This unit is based on article I, Sections 9,10.)
The authors of the constitution remembered
that before the American Revolution, the English
government passed laws which took away the
people's rights. Because they did not want the
new American government to do the same thing,
the framers included in the Constitution a list of
powers forbidden to the Congress.
Habeas Corpus. In the colonies, before the
Revolution. English officials sometimes
had
people arrested and thrown into jail. Often,
these people remained in jail without knowing why
they were there and without hope of a trial. The
authors of the Constitution said that this was
illegal.
In the United States, all persons accused of a
crime have the right to receive a writ of habeas
corpus.
Habeas corpus is a Latin expression
which means, "you may have the body." A writ of
habeas corpus is a court order freeing a person
from imprisonment until he has been legally tried
and convicted of a crime. The Constitution says
that Congress may not do away with this right
except in time of war or rebellion.
Ex Post Facto L a w s . In order to understand
ex post facto laws, let us use the following
example. Suppose that on Monday, a man parks
his car on Main Street. On Tuesday, a law is
passed making it illegal to park on Main Street.
The same law also provides that the man who
parked his car on Main Street on Monday may be
fined for illegal parking. This is an ex post facto
law. It is a law which punishes someone for an
act committed before the act was made a crime.
The constitution prohibits Congress from passing
such laws.
Bills of Attainder.
The delegates to the
Constitutional Convention believed that a person
accused of a crime is entitled to a jury trial. They
said, therefore, that Congress may not pass a bill
of attainder
This is a law punishing someone
without a jury trial.
Export Taxes. The Founding Fathers had seen
the
problems
which
arose
because
the
Confederation Congress had little control over
commerce. They realized that it was important
for the new Congress to have the power to
regulate interstate and foreign trade. But they
also realized that Congress must be prevented
from taking any action that would hinder trade.
Although Congress was given the power to tax
imports, or goods coming into the country, it was
denied the power to tax exports, or goods leaving
the country. The Constitution also provides that
Congress may not favor one state over another in
matters of trade.
Powers Denied to the States. In addition to
the powers denied to Congress, the Constitution
also lists powers denied to the states. No state
may coin money or interfere with the national
money system. Nor may any state tax goods
shipped to it from another state. Like Congress,
states may not pass bills of attainder or ex post
facto laws. In addition, no state may enter into a
treaty with a foreign nation. States may not even
make agreements among themselves without the
consent of Congress. And, finally, both the states
and the Congress are prohibited from granting
titles of nobility.
A jury is sworn to listen to the evidence and to reach a
verdict based on it and on the law as explained by the
judge.
Hour
Name
Date
ACTIVITY PAGE
A. True or False
In the space at the left, write T if the statement is true or F if it is false.
1. Congress may pass ex post facto laws.
2. Under certain conditions, Congress may suspend the right of habeas
corpus.
3. Congress has the power to tax goods being shipped out of the United States.
4. A state may tax goods sent into it from another state.
5. Congress may not grant titles of nobility.
6. The state of New York may make a treaty with Canada.
7. No state may coin money.
8. The state of New York may enter into an agreement with the state of Connecticut without the
consent of Congress.
B. Words to Know
In the space at the left, write the letter of the term that best fits the
definition.
1. goods leaving the country
a. habeas corpus
2. the right of an accused to be free from imprisonment until he
has been legally tried and convicted of a crime
b. ex post
3. goods entering the country
c. bill of attainder
4. a law which punishes someone for an act committed
before the act was made a crime
d. imports
5. a law punishing someone without a jury trial
e. exports
facto
C. Facts to Remember
Fill in the blanks with the word or phrase that best completes
1. The right of
the
sentence.
protects people from illegal imprisonment.
2. All persons in this country are entitled to a trial by
.
3. Although Congress has the power to tax imports, it may not tax
4. Only the
.
may coin money.
D. Things to Do
After consulting an almanac or encyclopedia, answer the following questions.
1. Write a paragraph describing what might happen if each state were allowed to print its own money.
2. Prepare a brief talk explaining why the Founding Fathers decided that neither the states nor the federal
govemment should be allowed to grant titles of nobility.
3. Prepare a debate on the following topic: Resolved,
during time of war.
Congress should suspend the right of habeas
corpus