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 Original wording is preserved; commentary explains historical and superseded provisions.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 7a

Public spending requires an appropriation

Current text
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law;

What it means

Money may be drawn from the Treasury only pursuant to appropriations made by law. The clause places public expenditure under legislative authorization rather than executive preference alone.

Historical setting

Control of public money is a practical foundation of representative government. The Constitution pairs national revenue capacity with a requirement that spending proceed through lawful appropriations.

What it does

An agency’s desirable objective does not by itself authorize a payment. An appropriation can provide standing or time-limited authority according to law; the Constitution does not require every program to use the same funding schedule.

Debate & interpretation

The power of the purse can hold executive action accountable but also become a source of governmental stalemate. Disputes may involve the scope of an appropriation, its conditions, or whether another claimed authority actually permits the expenditure.

A common misreading

Authority to regulate an activity, borrow money, or collect revenue is not automatically an appropriation to spend on it.

Think it through

Why might the ability to withhold money constrain an executive more effectively than issuing a critical resolution?

Follow the connection

Sources & further reading

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

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