Question

1. which eight powers does article i, section 9 deny congress?

a. (hint: \such persons\ refers to enslaved people.)

Explanation:

To answer this, we recall Article I, Section 9 of the US Constitution. The eight powers denied to Congress are:

1. Slave Trade (until 1808): Congress couldn’t prohibit the importation of “such persons” (enslaved people) before 1808.
2. Habeas Corpus Suspension: Can’t suspend unless in cases of rebellion or invasion (to protect against arbitrary detention).
3. Bill of Attainder: Can’t pass bills that punish individuals without a trial.
4. Ex Post Facto Laws: Can’t pass laws that criminalize acts done before the law was made.
5. Export Taxes: Can’t tax exports from any state.
6. Favoring Ports/States: Can’t give preferences to ports of one state over another; can’t require vessels to enter/clear/ pay duties in one state.
7. Appropriations (No Title of Nobility): Can’t appropriate money for longer than two years for the army; can’t grant titles of nobility.
8. No State Preference in Commerce: Can’t make laws that give one state’s commerce an advantage over another.

For part (a) (relating to “such persons”), the key is the slave trade clause: Congress could not prohibit the importation of enslaved persons before 1808.

Answer:

a. Congress could not prohibit the importation of enslaved persons ("such persons") before 1808.
The eight denied powers are: 1. No slave trade prohibition before 1808 (for "such persons"). 2. No habeas corpus suspension (except rebellion/invasion). 3. No bills of attainder. 4. No ex post facto laws. 5. No export taxes. 6. No port/state commerce preferences. 7. No appropriations >2 years for army; no titles of nobility. 8. No state commerce preference in laws.