MADISONCENTER FOR AMERICAN LEADERSHIP
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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 Original wording is preserved; commentary explains historical and superseded provisions.

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202 elements · 219 connections · One constitutional systemOpen the reader
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Article I, Section 9, Clause 5

No federal tax on state exports

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

What it means

The federal government may not impose a tax or duty on articles exported from a state. The Export Clause is a specific restriction on national revenue power.

Historical setting

The founding economy included regions heavily dependent on exporting agricultural commodities. A national export tax could shift burdens toward particular states and sectional interests.

What it does

The government’s otherwise substantial taxing and commerce powers remain subject to this prohibition. Determining whether a particular charge is an export tax or a different lawful fee requires examining what it actually taxes or pays for.

Debate & interpretation

The rule protects an aspect of state equality and commercial security while limiting available national fiscal tools. It also shows why broad enumerated powers must be read together with explicit exceptions.

A common misreading

Congress’s power to regulate foreign commerce is not permission to ignore the Constitution’s specific export-tax restriction.

Think it through

Why might states agree to common import duties while insisting on protection against taxes on their exports?

Follow the connection

Sources & further reading

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

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