Article I, Section 10, Clause 3
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 another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
The Federalist and Federalist essays
- quoted bySuggestedAristides, ¶ 97
…on tonnage, keep troops or ſhips of war, in time of peace; enter into any agreement, or compact, with another ſtate, or with a foreign power; or engage in war, unleſs actually invaded, or in ſuch imminent danger, as will not admit of delay.
The paragraph restates the limits on state duties of tonnage, troops, compacts and war in the words of Article I, Section 10, Clause 3, ending with the exception for actual invasion.
- quoted bySuggestedA Native of Virginia, Article I, ¶ 104
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 another State, or with a foreign power, or engage in war; unleſs actually invaded, or in ſuch imminent danger, as will not admit of delay.
The paragraph prints Article I, Section 10, Clause 3 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.
- quoted byReviewedFederalist No. 44, ¶ 7
No State shall, without the 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 State, or with a foreign power, or engage in war unless actually invaded, or in such imminent danger as will not admit of delay.
Quotes this clause in quotation marks as the second part of the second of the restrictions on the States.
Other writings
- quoted bySuggestedVirginia convention, June 16, 1788, ¶ 25
But what excludes every possibility of doubt, is the last part of it — that “no state shall engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.” When invaded, they call engage in war, as also when in imminent danger.
The speaker refers to "the 10th section of the 1st article" and quotes its last part: "no state shall engage in war, unless actually invaded, or in such imminent danger as will not admit of delay."
- quoted bySuggestedVirginia convention, June 16, 1788, ¶ 32
It says, that “no state shall engage in war, unless actually invaded.” If you give this clause a fair construction, what is the true meaning of it?
The speaker refers to "The 10th section of the 1st article" and says "It says, that" "no state shall engage in war, unless actually invaded."
- quoted bySuggestedVirginia convention, June 16, 1788, ¶ 35
The other clause runs in these words: “No state shall, without the 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 state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.” They are restrained from making war, unless invaded, or in imminent danger.
The speaker says "The other clause runs in these words" and quotes its words that no state shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, and the rest.
Debates in Congress
- cited bySuggestedSenate, February 8, 1869, ¶ 9
A State, which cannot make a treaty, or coin money, or emit bills of credit, or lay any imposts or duties on tonnage, or keep troops or ships of war or engage in war with any foreign Power—a State, all of whose territory is subject to the laws of another Power—for the Constitution declares that the Constitution and the laws of the Federal Government shall be the…
The paragraph lists among things a State cannot do "keep troops or ships of war or engage in war", prohibitions of Article I, Section 10, Clause 3.
The Supreme Court
Cases whose essays in the Constitution Annotated cite them under this clause, oldest first. Each link names the pages it comes from.
- interpreted bySuggestedVirginia v. Tennessee (1893)148 U.S. 503, decided April 3, 1893
The Constitution Annotated's essays on this provision cite the case on 8 pages.
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S10.C3.1.4, ArtI.S10.C3.2, ArtI.S10.C3.3, ArtI.S10.C3.3.1, ArtI.S10.C3.3.2, ArtI.S10.C3.3.4, ArtI.S10.C3.3.5, ArtI.S10.C3.3.6, pp. 610, 611, 612, 613, 617, 618, 619, 621.
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
Links marked “Suggested” were proposed by a machine and await review by a person. How links are made · Map of connections