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 an 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.
Law Journals and Reviews
Habeas corpus.
Habeas Corpus, Equitable Tolling, and AEDPA's Statute of Limitations: Why the Schlup v. Delo Gateway Standard for Claims of Actual Innocence Fails to Alleviate the Plight of Wrongfully Convicted Americans. 31 UH L. Rev. 225.
Case Notes
Ex post facto law.
Ex post facto clause did not bar aggregation of amounts of contraband distributed before and after effective date of federal statute during course of single ongoing conspiracy. 938 F.2d 972.
No ex post facto clause violation despite crew members' claims that possession of drugs on ship became illegal only when ship's flag nation consented to authority of U.S. law. 35 F.3d 426.
Not violated by rule that, for purposes of criminal history calculation, state conviction for conduct which occurred after defendant's federal offense, but for which defendant was sentenced before defendant's sentencing on the federal offense, is counted as a prior sentence. 44 F.3d 749.
Applicability of provisions of Title IV of the Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003 (PROTECT Act), Pub. L. No. 108-21, and amendments to U.S. Sentencing Commission Guidelines Manual in defendant's sentencing, where defendant's criminal conduct clearly preceded the enactment of the relevant law, discussed. 302 F. Supp. 2d 1170.
Because 18 U.S.C. §4248 of the Adam Walsh Child Protection and Safety Act is civil and not criminal in nature, the Constitution's ex post facto clause does not apply. 574 F. Supp. 2d 1123 (2008).
Habeas corpus.
Where applicants, passengers on vessel intercepted by U.S. Coast Guard and brought to Midway Island, argued that Immigration and Nationality Act effectively eliminated habeas jurisdiction and that such a repeal violated the suspension clause, Congress had not provided the benefit of a habeas corpus proceeding for aliens who were not in the United States; thus, applicants had no constitutional claim. 71 F. Supp. 2d 1052.