Article I, Section 10, Clause 2
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
The Federalist and Federalist essays
- cited bySuggestedAristides, ¶ 97
She ſhall not, without conſent of congreſs, lay any duty on imports or exports, except what may be neceſſary for executing her inſpection laws. She ſhall not, without conſent of congreſs, lay any duty on tonnage, keep troops or ſhips of war, in time of peace; enter into any agreement, or compact, with another…
The paragraph restates the limit on state duties on imports and exports, with the exception for inspection laws, in the words of Article I, Section 10, Clause 2.
- cited bySuggestedCassius 9, ¶ 16
…no state shall enter into any treaty, alliance, &c., coin money, emit bills of credit, make any other but gold and silver coin a tender in payment of debts — all laws respecting imposts, duties, and excises, shall be subject to the revision and controul of Congress,
Names, from "The last section of this article," the provision that state laws on imposts and duties "shall be subject to the revision and controul of Congress," the words of this clause.
- quoted bySuggestedA Native of Virginia, Article I, ¶ 104
…ſhall, without the conſent of the Congreſs, lay any impoſts or duties on imports and exports, except what may be obſolutely neceſſary for executing its inſpection laws; and the nett produce of all duties and impoſts, laid by any State on imports or exports, ſhall be for the uſe of the Treaſury of the United States; and all ſuch laws ſhall be ſubject to the reviſion and controul of the Congreſs. No State ſhall, without the conſent of Congreſs, lay any duty of tonnage, keep troops, or ſhips of war in time of peace, enter into any agreement or compact with…
The paragraph prints Article I, Section 10, Clause 2 of the Constitution as signed; the quoted words are the same as the clause's (apart from capitals and the long s), though the pamphlet's punctuation differs in places.
- cited bySuggestedA Native of Virginia, Article I, ¶ 105
And with regard to exports, it was highly reaſonable that one State ſhould be prohibited from laying an export duty on the articles of a ſiſter State, which may be ſhipped through that State.
The paragraph defends the bar on state duties on imports and exports, which is Article I, Section 10, Clause 2.
- cited bySuggestedA Native of Virginia, Article I, ¶ 106
By this clauſe, a door is open to the States, to raiſe their reſpective quotas, in lieu of direct taxes; by laying a duty upon exports; or even duties upon imports.
The paragraph discusses the state duties on imports and exports allowed by "this clause" and Congress's power of revision, which is Article I, Section 10, Clause 2.
- cited bySuggestedRemarks on the New Plan, ¶ 9
It has finally been objected that the several states are not permitted to tax their exports for the benefit of their particular treasuries.
The paragraph names the restriction on the states' taxing their exports for their own treasuries, which only Article I, Section 10, Clause 2 fits.
- cited bySuggestedFederalist No. 32, ¶ 1
And making this concession, I affirm that (with the sole exception of duties on imports and exports) they would, under the plan of the convention, retain that authority in the most absolute and unqualified sense; and that an attempt on the part of the national government…
Mentions in passing "the sole exception of duties on imports and exports" to the States' power to raise revenue, the restriction the next paragraph quotes from this clause; this paragraph does not name or quote the clause itself.
- quoted byReviewedFederalist No. 32, ¶ 2
…of the same section empowers Congress “TO LAY AND COLLECT TAXES, DUTIES, IMPOSTS AND EXCISES”; and the second clause of the tenth section of the same article declares that, “NO STATE SHALL, without the consent of Congress, LAY ANY IMPOSTS OR DUTIES ON IMPORTS OR EXPORTS, except for the purpose of executing its inspection laws.” Hence would result an exclusive power in the Union to lay duties on imports and exports, with the particular exception mentioned; but this power is abridged by another clause,…
Quotes this clause, which it identifies as "the second clause of the tenth section of the same article"; the quoted wording differs slightly from the clause near its end.
- cited bySuggestedFederalist No. 32, ¶ 3
The restraining or prohibitory clause only says, that they shall not, WITHOUT THE CONSENT OF CONGRESS, lay such duties; and if we are to understand this in the sense last mentioned, the Constitution would then be made to introduce a formal provision for the sake of a very…
Refers to "the restraint laid upon the States in relation to duties on imports and exports" and to "the restraining or prohibitory clause," repeating its words "WITHOUT THE CONSENT OF CONGRESS"; this is the clause quoted in the preceding paragraph.
- cited bySuggestedFederalist No. 34, ¶ 1
I flatter myself it has been clearly shown in my last number that the particular States, under the proposed Constitution, would have COEQUAL authority with the Union in the article of revenue, except as to duties on imports.
Repeats the exception "except as to duties on imports" to the States' revenue authority, the restriction this clause places on the States. The paragraph does not name or quote the clause.
- quoted byReviewedFederalist No. 44, ¶ 7
“No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws, and the net produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.
Quotes this clause in quotation marks as the first part of the second of the restrictions on the States.
- cited bySuggestedFederalist No. 80, ¶ 3
The imposition of duties on imported articles, and the emission of paper money, are specimens of each kind.
Names "the imposition of duties on imported articles" as one of the things the States are "by the plan of the convention" prohibited from doing, the prohibition in this clause.
Anti-Federalist essays
- cited bySuggestedBrutus 1, ¶ 8
No State can emit paper money, lay any duties or imposts, on imports, or exports, but by consent of the Congress; and then the net produce shall be for the benefit of the United States : the only means, therefore, left for any State to support its government and discharge its debts, is by direct taxation ; and the United States have also power to…
Among the limits "set by this Constitution, to the State governments", the paragraph names the bar on State duties on imports or exports without the consent of Congress and the rule on their net produce, which only Article I, Section 10, clause 2 contains.
- quoted bySuggestedSydney 1, ¶ 15
…the several states, and with the Indian tribes," when they are armed with legislative, executive and judicial powers, and their laws the supreme laws of the land — and when the states are prohibited, without the consent of Congress, to lay any "imposts or duties on imports," and if they do they shall be for the use of the treasury ofthe United States — and all such laws subject to the revision and controul of Congress.
The paragraph quotes "imposts or duties on imports" and paraphrases the rest of the clause (duties for the use of the treasury of the United States, laws subject to the revision and controul of Congress).
Other writings
- cited bySuggestedNew York convention, June 28, 1788, ¶ 26
If the states are prohibited from laying duties on imports, the implication is clear.
The speaker, discussing "the article of imposts", says the states are "prohibited from laying duties on imports", which describes Article I, Section 10, second paragraph; he does not give a number.
- quoted bySuggestedNorth Carolina convention, July 29, 1788, ¶ 8
It provides, “that no state shall, without the consent of Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; that no preference shall be given, by any regulation of commerce or revenue, to the ports of one state over those of another; and that no state shall emit…
Davie quotes the prohibitions of the Constitution in quotation marks; this is the first of them.
- quoted bySuggestedVirginia convention, June 17, 1788, ¶ 82
The clause says that all such laws shall be subject to the revision and control of Congress.
The speaker says "The clause says that all such laws shall be subject to the revision and control of Congress"; the words are not in quotation marks.
- quoted bySuggestedVirginia convention, June 17, 1788, ¶ 84
The sum arising therefrom may be appropriated to it consistently with the clause; for it only says that “the net produce of all duties and imposts, laid by any state on imparts or exports, shall be for the use of the treasury of the United States,” which necessarily implies that all contingent charges shall have been previously paid.
The speaker says the clause "only says that" and quotes "the net produce of all duties and imposts, laid by any state on imparts or exports, shall be for the use of the treasury of the United States".
Debates in Congress
- cited bySuggestedHouse, August 18, 1789, ¶ 49
Sect. 10. clause 2. amend the first sentence to read thus, **No State shall lay any duties on imports or exports, or any duty of tonnage, except such as shall be uniform in their operation on all foreign…
The proposal names "Sect. 10. clause 2." of Article I and would amend its first sentence, which it echoes in "duties on imports or exports".
On Article I, Section 10 as a whole
- cited bySuggestedHouse, August 17, 1789, ¶ 53
- cited bySuggestedHouse, June 8, 1789, ¶ 39
- cited bySuggestedNorth Carolina convention, July 29, 1788, ¶ 70
- cited bySuggestedSouth Carolina convention, May 20, 1788, ¶ 6
- cited bySuggestedFederal Farmer 4, ¶ 9
- cited byFederalist No. 32, ¶ 5
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