The feeling was so strong about it in the
Federal Convention that the prohibition came near being extended to
the national government, but the question was unfortunately left
undecided.[25]
[Footnote 24: See above, p.175]
[Footnote 25: See my _Critical Period of American History_, pp.
168-186, 273-276.]
[Sidenote: Powers denied to Congress.]
[Sidenote: Bills of attainder.]
Some express prohibitions were laid upon the national government. Duties
may be laid upon imports but not upon exports; this wise restriction was
a special concession to South. Carolina, which feared the effect of an
export duty upon rice and indigo. Duties and excises must be uniform
throughout the country, and no commercial preference can be shown to one
state over another; absolute free trade is the rule between the states.
A census must be taken every ten years in order to adjust the
representation, and no direct tax can be imposed except according to the
census. No money can be drawn from the treasury except "in consequence
of appropriations made by law," and accounts must be regularly kept and
published. The privilege of the writ of _habeas corpus_ cannot be
suspended except "when, in case of rebellion or invasion, the public
safety may require it;" and "no bill of attainder, or _ex post facto_
law," can be passed.
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