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Article I, Section 10

Clause 1

No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any thing but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

States cannot make their own treaties or agreements with any foreign powers because they are not sovereign governments. The National Government possesses the sole power to conduct foreign relations. The states cannot coin their own money or create their own currency. The states have the following same restrictions as the federal government: cannot grant letters of marque or reprisal; cannot pass bills of attainder or ex post facto laws; and cannot grant titles of nobility.

Clause 2

No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imports, laid by any state on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress.

In matters of international trade, the states cannot impose taxes or duties. Only the federal government can tax imports. States cannot tax exports.

Clause 3

No state shall, without the consent of Congress, lay any duty of tonnage, keep troops, or ships of war in time of peace, enter into any agreement or compact with any other state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

No state can impose a tax on ships according to cargo capacity. While states have a constitutional to keep a militia, they cannot keep a standing army or navy. States may not form compacts or agreements with other states or foreign powers. States may not engage in war unless there is an immediate danger to public safety because only Congress may declare war.

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© Copyright 1997 Jonathan Chin & Alan Stern