The National Constitution: Habeas Corpus and Militia

Volume III · Supplement · Part 5 of 13 · circa 1790

To promote the progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; (The first copy-right law was enacted in 1790, on the petition of David Ramsay, the historian, and others. A copy-right, or patent-right to an invention, is given for a specified time. A copy-right is granted for twenty-eight years, and a renewal for fourteen years. Patents are granted for seventeen years, without the right of extension.)
To constitute Tribunals inferior to the Supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations; (Congress has power to provide for the punishment of offences committed by persons on board of an American ship, wherever that ship may be.)

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies; but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the Land and Naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections, and repel Invasions;

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States--reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the Discipline prescribed by Congress;(Clauses eleven to sixteen inclusive, define the war powers of the Government, such as granting licenses to privateers, raising and supporting armed forces on land and sea, calling out the militia, etc. See Article II. of the Amendments to this Constitution. These powers, used by the hand of an efficient and judicious Executive, are quite sufficient. The President cannot exercise any of them, until the power is given him by Congress, when he is bound by his oath to take care that all the laws shall be executed.)

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, (Congress has authority to impose a direct tax on the District of Columbia, in proportion to the census directed by the Constitution to be taken.) and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, Dockyards, and other needful Buildings;--And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Immigrants, how admitted.

SECTION 9. 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 object of this clause was to end the slave-trade, or the importation of negros from Africa, to become slaves in the United States, after the 1st of January, 1808. The Articles of Confederation allowed any State to continue the traffic indefinitely, for the States were independent of each other, and the organic law was silent on the subject. The importation of slaves after the beginning of 1808 was prohibited under severe penalities by the Act of March 2, 1807. Acts on the subject have since been passed by Congress from time to time. That of 1820 declared the foreign slave-trade to be piracy. In July, 1862, Congress made provisions for carrying into effect a treaty with Great Britain for the suppression of the slave-trade. A domestic slave-trade was kept up until the beginning of the Civil War, in 1861. It was Virginia's largest source of revenue.)

Habeas Corpus.

The Privilege of the Writ of Habeas Corpus(This is a writ for delivering a person from false imprisonment, or for removing a person from one court to another. The act of suspending the privilege of the writ must be done by the Executive, in the cases specified, under the authority of an Act of Congress.) shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

Attainder.

No Bill of Attainder(A deprivation of power to inherit or transmit property, a loss of civil rights, etc.) or ex post Facto law shall be passed.(Declaring an act criminal or penal, which was innocent when committed.)

Taxes.

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.(This was to secure uniformity in taxes laid on persons or on lands.)
No Tax or Duty shall be laid on articles exported from any State.

Regulations regarding duties.

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.(To secure free trade between the States, that one might not have an advantage over another, was the object of these two clauses.)

Money, how drawn.

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