MADISONCENTER FOR AMERICAN LEADERSHIP
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The Constitution,
connected.

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Discover the ideas that hold a republic together.

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The constitutional text

Article I · Section 9

Select any highlighted phrase to understand what it means.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

[No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.]*

No Tax or Duty shall be laid on Articles exported from any State

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

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 Original wording is preserved; commentary explains historical and superseded provisions.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 9, Clause 3a

No punishment by legislative accusation

Current text
No Bill of Attainder

What it means

Congress may not enact a bill of attainder: legislation imposing punishment on identified persons or a sufficiently specific group without a judicial trial. The prohibition separates lawmaking from adjudicating individual guilt.

Historical setting

Bills of attainder were associated with legislative punishment in English history. Federalist 44 grouped the prohibition with protections against arbitrary interference by government.

What it does

Congress may define offenses in general laws, but it cannot replace the trial process with a statute pronouncing selected people punishable. Whether a measure is punitive and sufficiently targeted can require careful analysis.

Debate & interpretation

The provision protects unpopular people precisely when a political majority is tempted to punish them directly. It does not forbid all laws that adversely affect a group, so consequences, purpose, and legal form must be examined.

A common misreading

Every law that disadvantages someone is not automatically an attainder; the constitutional concern is targeted legislative punishment without judicial process.

Think it through

What would be lost if Congress could punish named opponents simply by passing a law declaring them guilty?

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Sources & further reading

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

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