MADISONCENTER FOR AMERICAN LEADERSHIP
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The Constitution,
connected.

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The constitutional text

Article I · Section 10

Select any highlighted phrase to understand what it means.

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

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.

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.

Source: National Constitution Center edition. Original wording is preserved; commentary explains historical and superseded provisions.

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You don’t have to understand everything at once. One connection is a good beginning.

LOOK A LITTLE CLOSER

Article I, Section 10, Clause 2b

Net proceeds belong to the United States

Current text
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;

What it means

Net proceeds of the covered state import and export duties are for the United States Treasury. This qualification limits the state’s ability to turn the permitted duty into a separate source of discretionary revenue.

Historical setting

The fiscal rule accompanies the effort to coordinate external commerce under the Union. It addresses the incentive a port state might otherwise have to profit at the expense of people or businesses elsewhere.

What it does

The permitted inspection-related charge is not simply a state tariff with a different label. The allocation of net proceeds reinforces the distinction between necessary local administration and revenue extraction.

Debate & interpretation

Constitutional restrictions can operate through incentives as well as outright prohibitions. Removing the state’s claim to surplus revenue reduces one reason to stretch the inspection exception.

A common misreading

The words net produce refer to proceeds after relevant costs, not agricultural products transported through a port.

Think it through

How does changing who receives surplus revenue alter a government’s incentive to impose or increase a charge?

Follow the connection

Sources & further reading

Original Madison Center commentary. Explanations distinguish the text, historical context, and interpretive disagreements.

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