Traces the history of, and analyzes, the current status of the
law on a number of prohibited acts forbidden to the federal
government as prescribed in Article I, Section 9, of the United
States Constitution. Most of these represent constraints on
Congress with the exception of the statement that no money may be
drawn from the U.S. Treasury except by appropriation, which
increases the power of Congress. The provisions include
prohibitions against suspending the privilege of the writ of habeas
corpus except in cases of emergency and against passing bills of
attainder and ex post facto laws. These prohibitions secure
important freedoms for the citizens of the United States.
Among the other prohibitions discussed are a delay in stopping
the slave trade, forbidding taxes on exports between states,
forbidding giving preferences to ports of one state, and forbidding
public officers from accepting things of value from foreign
countries. Several of these provisions, such as those concerning
bills of attainder, ex post facto laws, and the writ of habeas
corpus laws are the bedrock of our free society. The provision on
the need for appropriations enhances the role of Congress and sets
up potential conflicts between it and the other two branches of
government, conflicts that might lead to highly significant cases
that will help to clarify to doctrine of the separation of powers.
A table of cases, bibliographic essay, and an index to enable
further pursuit of key topics is included to aid students, legal,
and constitutional scholars.
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