THE CONSTITUTION SERIES by Lola Kakes

Safeguarding Liberties and Ensuring Fairness, No. 2

In my first article I discussed the “three-legged stool” concept of democracy, where the three branches of government, Executive, Legislative, and Judicial, must be strong and even to maintain democracy – and in today’s political environment it is in danger of collapsing. This article will delve into specific limits on powers granted to the three branches.

Article 1, Section 9 is a crucial component in the framework of American governance. This section outlines specific limits on the powers of Congress, ensuring the preservation of individual liberties, fairness among states, and the prevention of tyranny. Its provisions have been integral to maintaining the balance of power and protecting the rights of citizens since the founding of the nation.

Here is Article 1, 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 Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

• No Bill of Attainder or ex post facto Law shall be passed.

• No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

• No Tax or Duty shall be laid on Articles exported from any State.

• 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.

• No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

• No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.”

So, what does this mean to us in 2025? Let’s look at each of the areas that I have bulleted in this Section.

In the first bullet point, the Constitution included a clause prohibiting Congress from banning the slave trade until 1808. This was included to ensure that the slave states would ratify the Constitution. This provides our country with important historical context as we address efforts to reduce diversity and inclusion. This would be of increased importance with the Civil War and the passing of the 13^th, 14^th, and 15^th Amendments, which abolished slavery, defined and granted broad rights of national citizenship, and forbid racial discrimination in elections. This relates to us today as we fight the dismantling of our various regulations regarding diversity and inclusion. Congress is not doing their job or upholding the Constitution.

The second point is the all-important Writ of Habeas Corpus. This is a fundamental legal safeguard against unjust imprisonment. It requires that individuals be charged with a crime before being detained. However, it can be suspended in cases of rebellion or invasion, highlighting the balance between

Why is this important? The arrests of a Judge in Wisconsin to the removal of immigrants all without due process is destroying our Constitution. The need for security and individual freedoms is a basic right that is enshrined in our democracy. This writ ensures that no one can be held without just cause, providing a crucial check against arbitrary detention. Its significance lies in its protection of individual liberty and its role in upholding the rule of law. The DOJ, a crucial arm of the government, is turning its back on this constitutional requirement of due process. It must be held accountable.

Bullet 3 states that “No laws that punish people without a trial (bills of attainder)” and “No laws that make something a crime after it was done (ex post facto laws).” These clauses protect individuals from legislative abuse. Bills of attainder allow for punishment without a trial, while ex post facto laws criminalize actions retroactively. Both are prohibited to ensure fairness and justice in the legal system. Our current environment is questioning the Administration in snatching people off the street and removing them from their homes – without a trial and then after the fact stating the individuals were criminals.

Bullet 4 states that there shall be no unfair taxes – especially on imports and exports – which relates to tariffs. This section was modified later with the passing of the income tax laws. Our country is currently reeling from the imposing of worldwide tariffs and the ups and downs of the markets. We, the people, need to understand that the Executive Branch does not set tariffs – that is a function of Congress.

Bullet 5 is fundamental in maintaining fairness in commerce among the states. It prohibits Congress from favoring the ports of one state over another, ensuring that all states have equal opportunities in trade and commerce. There can be no banning of a blue state over a red state.

Bullet 6 grants Congress the "power of the purse," meaning that all government spending must be approved by Congress. It serves as a vital check on federal power, ensuring that taxpayer money is allocated and spent according to the laws passed by elected representatives. This is being undermined by the Executive Orders dismantling various government programs already authorized by Congress to be paid. This is against the Constitution.

Bullet 7 prohibits the granting of titles of Nobility by the United States, ensuring we remain a republic where power comes from the people. It also forbids accepting titles or gifts from foreign states without Congress's consent. The current Administration's intake of such gifts needs more scrutiny. We fought to escape servitude to a King and must not return to monarchy or anarchy. The Executive and DOJ should reaffirm their commitment to the Constitution.

In summary, Article 1, Section 9 is about checks on federal power, ensuring individual liberties and state fairness, and guarding against tyranny. Its provisions collectively illustrate the foresight of our Founders in creating a government that is robust yet restrained, powerful yet protective of the rights of its citizens.

Today, the provisions of Article 1, Section 9 continue to play a vital role in American governance. They serve as a check on the potential overreach of the three branches and ensure that government actions are conducted within the bounds of the law. The principles enshrined in this section resonate with contemporary issues of civil liberties, governmental accountability, and the equitable treatment of states and citizens.

Article 1, Section 9 of the U.S. Constitution is a testament to the enduring values of the American democratic system. Its provisions encapsulate the principles of fairness, justice, and liberty that have guided the nation since its inception. As the United States continues to navigate the complexities of the modern era, the safeguards established by Article 1, Section 9 remain as relevant as ever, ensuring that the power of our government is balanced by the rights and freedoms of its citizens.