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 Original wording is preserved; commentary explains historical and superseded provisions.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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You don’t have to understand everything at once. One connection is a good beginning.

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Article I, Section 9, Clause 6a

No preference among state ports

Current text
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another:

What it means

Federal commerce or revenue regulations may not give preference to the ports of one state over those of another. The clause restrains using national commercial policy to favor particular state gateways.

Historical setting

A unified trade system could otherwise become a prize captured by some states at others’ expense. The restriction supports the constitutional project of a common market without deliberate port discrimination.

What it does

The clause addresses governmental preference rather than guaranteeing equal commercial success for every port. Geography, infrastructure, and private decisions can still produce different outcomes.

Debate & interpretation

Applying a national rule can create unequal effects without necessarily creating the forbidden preference. The legal and policy task is to distinguish ordinary consequences from a regulation designed or structured to privilege one state’s ports.

A common misreading

The Constitution does not promise every port an equal volume of trade or identical federal investment.

Think it through

What evidence would help distinguish a neutral commercial rule with uneven effects from a prohibited preference?

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Sources & further reading

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

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