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Prohibited Powers

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In addition to granting powers to the national government and the states, the Constitution also prohibits certain specific powers. Article I, Section 9 of the Constitution lists powers denied to Congress. For example, Congress is prohibited from passing a bill of attainder (a law declaring a person or group of persons guilty of a crime without a trial) or an ex post facto law (a law that makes an act a criminal offense retroactively, even though the act was not a crime when it was committed). Among other things, Congress is also prohibited from granting titles of nobility and from favoring one state over another when exercising its authority to regulate interstate commerce.

concurrent powers Powers shared by the national government and the states (both, for example, have the power to tax).

Article I, Section 10 of the Constitution lists powers denied to the states. States, for example, are prohibited from entering into treaties, coining money, altering obligations of contracts, or issuing letters of marquee and reprisal (warrants authorizing what would otherwise be an act of piracy: the attack and capture of a ship). And, similar to Congress, states are prohibited from passing bills of attainder, ex post facto laws, and titles of nobility.

American Democracy in Context

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