Ms. Valentine's Notes
Unit 2
Article I section 9
Denied Powers
This section contains the powers that are specifically denied the government under the Constitution.
Clause 1
Congress cannot prohibit the migration or importation of any person that any of the 13 original states chose to admit until 1808, but a tax of no more than $10 per person could be imposed.
the words slave and slavery are not found anywhere, but are referenced as:
three fifths of all other persons (Article I section 2)
importation of such Persons as any of the States now existing shall think proper to admit " (Article I section 9)
persons "held to Service or Labor in one State, under the Laws thereof, escaping into another " (Article IV section 2)
Clause 2
Except when required for public safety, the government cannot deny a Writ of Habeas Corpus. A Writ of Habeas Corpus is issued by a judge requiring law officials to bring a prisoner before the court and show cause for holding the prisoner.
Clause 3
No bill of Attainder or ex post facto law shall be passed.
A bill of Attainder is a bill that punishes a person without a trial.
An ex post facto law is one that makes an act a crime after it has been committed.
Clause 4
No direct tax or income tax will be laid unless it is equal amongst the population.
Clause 5
‘Congress may not tax goods that move from one state to another.
Clause 6
Prohibits Congress from favoring one state or region over another in the regulation of trade.
Clause 7
oMoney cannot be taken out of the National Treasury without an Appropriations Bill, and any and all money spent from the Treasury must be recorded and published periodically.
Clause 8
o The U.S. government will not give anyone a title of nobility such as Duke, Lord, Barron, etc.
oIt also states that no government official can accept a gift, payment for services, job, or title from any foreign government without consent of Congress.
Article I section 10 denied powers to the States
Clause 1
The states are prohibited from conducting foreign affairs, carrying on war, or controlling interstate and foreign commerce.
They are not allowed to pass laws that the federal government is not allowed to pass, i.e. ex post facto and bills of attainder.
Clause 2
l States cannot lay duties on exports and imports without the consent of Congress unless necessary to carryout inspection laws in such a case the proceeds would be for the use of the National Treasury and are subject to the control and revision of Congress.
Clause 3
States are prohibited from maintaining an army or navy and from going to war unless directly attacked.
States cannot enter into any agreement or compact with another state or foreign power.
States cannot collect fees from foreign vessels in their ports.
Texas Legislature
Texas House of Representatives
150 members elected for 2 year terms
Choose the Speaker at the beginning of each session.
Qualifications:
21 years of age
U.S. Citizen
Resident of the district from which they are elected
Qualified Texas Voter
Texas Senate
31 members chosen for 4 year terms half of whom are up for re-election every 2 years.
President of the Senate is the Lt. Governor
Qualifications:
26 years of age
U.S. citizen
Resident of the district from which they are elected
Qualified Texas voter
Texas Legislators compensation
Salary of $7,200 per year
Office and expense allowance determined by the State Ethics Committee.
Retirement benefits for long-serving legislators.
The House and Senate meet in regular session only 140 days in each odd numbered year.
Redistricting every 10 years
Texas requires that legislative districts have equal population.
U.S. Senate districts are by state (not equal)
U.S. House districts have equal population.