Article I, Section 9, Clause 4

The Federalist and Federalist essays

• quoted bySuggested
  A Native of Virginia, Article I, ¶ 94

  No capitation, or other direct tax, ſhall be laid, unleſs in proportion to the cenſus or enumeration herein before directed to be taken.

  The paragraph prints Article I, Section 9, Clause 4 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 bySuggested
  A Native of Virginia, Article I, ¶ 95

  THIS clauſe is a confirmation of the third clauſe of the ſecond ſection of the firſt article.

  The paragraph refers to "this clause," the clause on capitation and direct taxes printed above it (Article I, Section 9, Clause 4), as confirming Article I, Section 2, Clause 3.

• cited bySuggested
  Federalist No. 36, ¶ 9

  An actual census or enumeration of the people must furnish the rule, a circumstance which effectually shuts the door to partiality or oppression.

  The words "census or enumeration" match this clause's "Census or enumeration," but the paragraph itself attributes the rule to the second section of the first article and does not name this clause.

Anti-Federalist essays

• cited bySuggested
  Centinel 2, ¶ 28

  …and other indirect duties imposed, and as land taxes will operate too equally to be agreeable to the wealthy aristocracy in the senate who will be possessed of the government, poll taxes will be substituted, as provided for in the new plan; for the doctrine then will be that slaves ought to pay for wearing their heads.

  The paragraph refers to poll taxes "as provided for in the new plan"; the only provision naming a capitation tax is Article I, Section 9, Clause 4.

Other writings

• cited bySuggested
  North Carolina convention, July 29, 1788, ¶ 43

  It is, however, to be observed, that the 1st and 4th clauses in the 9th section of the 1st article are protected from any alteration till the year 1808; and in order that no consolidation should take place, it is provided that no state shall, by any amendment or alteration,…

  Iredell names "the 1st and 4th clauses in the 9th section of the 1st article"; this link is to the 4th (the clause on direct taxes and the census).

• cited bySuggested
  Virginia convention, June 17, 1788, ¶ 13

  GEORGE MASON said, that gentlemen might think themselves secured by the restriction, in the 4th clause, that no capitation or other direct tax should be laid but in proportion to the census before directed to be taken; but that, when maturely considered, it would be found to be no security whatsoever.

  Mr. Mason speaks of "the restriction, in the 4th clause, that no capitation or other direct tax should be laid but in proportion to the census"; the section is not named in the paragraph.

• quoted bySuggested
  Virginia convention, June 17, 1788, ¶ 37

  The 4th restriction is, that no capitation, or other direct tax, shall be laid, unless in proportion to the census before directed to be taken.

  Gov. Randolph says "The 4th restriction is, that no capitation, or other direct tax, shall be laid, unless in proportion to the census"; the words are not in quotation marks.

• cited bySuggested
  Virginia convention, June 5, 1788, ¶ 21

  Provided, that no amendment which may be made prior to the year 1808, shall in any manner affect the 1st and 4th clauses in the 9th section of the 1st article; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate.”

  Within the quotation of Article V, the paragraph names "the 1st and 4th clauses in the 9th section of the 1st article"; the fourth of these is Article I, Section 9, fourth clause.

Debates in Congress

• cited bySuggested
  House, June 15, 1864, ¶ 82

  You could not, prior to 1808, prohibit the slave trade or alter the proportion of direct taxes to the census as prescribed in the ninth section of the first article.

  The paragraph names "the proportion of direct taxes to the census as prescribed in the ninth section of the first article", which is Article I, Section 9, Clause 4.

• cited bySuggested
  House, July 12, 1909, ¶ 47

  They thought so much of this limitation upon taxation that they again referred to it in the Constitution, and there are two clauses which provide that direct taxes shall be apportioned among the States according to population.

  The speaker says the Constitution refers to the rule a second time, in one of "two clauses which provide that direct taxes shall be apportioned"; the second is Article I, Section 9, Clause 4.

• quoted bySuggested
  House, July 12, 1909, ¶ 655

  …shall be uniform throughout the United States;" and it further provides that "Representatives and direct taxes shall be apportioned among the several States according to the respective numbers," and that "no capitation or other direct tax shall be laid unle s in proportion to the population of the States." The constitutional power of Congress to tax the people for the support of the Government is complete and plenary, the only restraint found in it relating to the taxing power…

  The paragraph quotes Article I, Section 9, Clause 4, "no capitation or other direct tax shall be laid unless in proportion to" (OCR "unle s"), ending it with "the population of the States" for the clause's "the Census or enumeration".

• cited bySuggested
  Senate, April 7, 1864, ¶ 63

  Up to 1808 there were two other clauses in the Constitution that could not be amended, the one in regard to the importation of Africans into this country, and the other in regard to capitation or other direct taxes.

  The paragraph names the other of the two clauses that could not be amended before 1808, the one "in regard to capitation or other direct taxes", which is Article I, Section 9, Clause 4.

• quoted bySuggested
  Senate, July 3, 1909, ¶ 26

  I do not say that I shall vote against this proposed amendment, but I shall offer to amend the constitutional amendment by striking out the words "or other direct" in one place, and by striking out the words " and direct taxes " in another.

  The speaker proposes to strike "the words \"or other direct\"" out of the Constitution; the words are those of the direct-tax clause of Article I, Section 9, which the paragraph does not name.

• quoted bySuggested
  Senate, July 5, 1909 (2), ¶ 13

  No capitation or other direct tax shall be laid.

  The paragraph quotes the opening words of Article I, Section 9, Clause 4.

• quoted bySuggested
  Senate, July 5, 1909 (2), ¶ 14

  The words " or other direct " are the words that make the mischief in this elause 4 of section 9.

  The paragraph quotes the words "or other direct" and places them in "clause 4 of section 9" (OCR "elause"); the article, Article I, is named in the speaker's paragraph 10.

• quoted bySuggested
  Senate, July 5, 1909 (2), ¶ 15

  tion "-a capitation tax; that is, a direct tax which operates upon the · individual himself, wi t hout reference to any property at all-and the words "or other direct tax," of course, always, by all rules of construction, must be construed to mean a tax of the same kind.

  The paragraph quotes the words "or other direct tax" and "capitation" from Article I, Section 9, Clause 4, which the speaker discussed in the paragraphs before.

• quoted bySuggested
  Senate, July 5, 1909 (2), ¶ 20

  …by striking out all after line 7 and in s erting the following, to wit: " The words ' and direct taxes,' in clause 3, section 2, Article I, and the words ' or other direct,' in clause 4, section 9, Article I, of the Constitution of the United States are hereby stricken out."

  The amendment offered quotes the words "or other direct" and names "clause 4, section 9, Article I" of the Constitution.

• quoted bySuggested
  Senate, July 5, 1909 (2), ¶ 31

  The words " and direct ta.xes," in clause 3, section 2, Article I, and the · words " or other direct." in clause 4, section 9, Article I of the Constitution of the United States are hereby stricken out.

  The amendment quotes the words "or other direct" and names "clause 4, section 9, Article I" of the Constitution.

• cited bySuggested
  Senate, July 5, 1909 (2), ¶ 35

  And so forth; thus leaving out the words "and direct taxes." Clause 4, section 9, Article I would read as follows:

  The speaker names "Clause 4, section 9, Article I" before reading how it would read if amended.

• quoted bySuggested
  Senate, July 5, 1909 (2), ¶ 36

  No capitation tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be · taken-

  The paragraph gives Article I, Section 9, Clause 4 as it would read with the words "or other direct" struck out; the rest of its words appear in the clause.

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 bySuggestedOverruled
  Pollock v. Farmers’ Loan & Trust Co. (1895)157 U.S. 429, decided April 8, 1895

  The Constitution Annotated's essays on this provision cite the case on 3 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S9.C4.1, ArtI.S9.C4.3, ArtI.S9.C4.4, pp. 551, 554, 555.

• interpreted bySuggested
  National Federation of Independent Business v. Sebelius (2012)567 U.S. 519, decided June 28, 2012

  The Constitution Annotated's essays on this provision cite the case on 4 pages.

  Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays ArtI.S9.C4.1, ArtI.S9.C4.3, ArtI.S9.C4.4, pp. 551, 554, 557, 558.

On Article I, Section 9 as a whole

• cited bySuggested
  House, August 15, 1789, ¶ 3
• cited bySuggested
  House, June 8, 1789, ¶ 29
• cited bySuggested
  Federal Farmer 4, ¶ 9