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 Original wording is preserved; commentary explains historical and superseded provisions.

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Article I, Section 10, Clause 2c

Congress supervises these state duties

Current text
and all such Laws shall be subject to the Revision and Controul of the Congress.

What it means

The covered state laws remain subject to congressional revision and control. State administration of inspection-related duties therefore exists within continuing national oversight.

Historical setting

The Constitution combines a limited state exception with mechanisms preventing that exception from defeating common commercial policy. The oversight rule completes the consent and proceeds conditions in the same clause.

What it does

A state law is not constitutionally insulated merely because it began as a valid inspection measure. Congress retains an assigned role in controlling the covered arrangement.

Debate & interpretation

The provision exemplifies a layered system: permission, conditions, and supervision operate together. Debate can concern whether national intervention addresses a real commercial conflict or unnecessarily displaces useful local administration.

A common misreading

The inspection exception does not make the state the final and exclusive judge of every aspect of its import or export duty.

Think it through

Why might an initial permission be insufficient without a continuing ability to revise the arrangement?

Follow the connection

Sources & further reading

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

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