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134-771: No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's [ sic ] inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul [ sic ] of

268-412: A lexicographical analysis of the clause: An impost, or duty on imports is a custom or a tax levied on articles brought into a country, and is most usually secured before the importer is allowed to exercise his rights of ownership over them, because evasions of the law can be prevented more certainly by executing it while the articles are in its custody. It would not, however, be less an impost or duty on

402-529: A sic' , emerged in 1889, E. Belfort Bax 's work in The Ethics of Socialism being an early example. On occasion, sic has been misidentified as an acronym (and therefore sometimes misspelled with periods): s.i.c. is said to stand for "spelled/said in copy/context", "spelling is correct", "spelled incorrectly", and other such folk etymology phrases. These are all incorrect and are simply backronyms from sic . Use of sic greatly increased in

536-573: A bill and the president to sign into law an act to reapportion the House from since the ratification of the constitution up until 1941, which is when a self-executing statute was enacted, thus making reapportionment an automatic process. Although the first sentence in this clause originally concerned apportionment of both House seats and taxes among the several states, the Fourteenth Amendment sentence that replaced it in 1868 mentioned only

670-545: A house of Congress exercising its Section 5 authority to "judge...the...qualifications of its own members" or by a state in its exercise of its Section 4 authority to prescribe the "times, places and manner of holding elections for Senators and Representatives." The Supreme Court, as well as other federal courts , have repeatedly barred states from additional restrictions, such as imposing term limits on members of Congress, allowing members of Congress to be subject to recall elections , or requiring that Representatives live in

804-481: A law firm The Latin adverb sic ( / s ɪ k / ; thus , so , and in this manner ) inserted after a quotation indicates that the quoted matter has been transcribed or translated as found in the source text, including erroneous, archaic, or unusual spelling, punctuation , and grammar . Sic also applies to any surprising assertion, faulty reasoning, or other matter that might be interpreted as an error of transcription . The typical editorial usage of Sic

938-458: A license, which cost $ 50 ($ 1,056 in 2015 dollars), before they could sell imported goods. The act prescribed a $ 150 penalty ($ 3,169 in 2015 dollars) for violating its provisions. The plaintiff in the case was charged, and found guilty by the Maryland courts, with selling one package of foreign dry goods without a license. The court's opinion, written by Chief Justice John Marshall , began with

1072-522: A lifetime and escape all State, county, and city taxes; for all that he is worth is invested in goods which he claims to be protected as imports from New York." Justice Samuel Nelson dissented from the court's ruling in Woodruff , reasoning first that the majority's decision leaves "no security or protection ... in this government against obstructions and interruptions of commerce among the States," which

1206-471: A necessary sacrifice to that spirit of conciliation, which was indispensable to the union of states having a great diversity of interests, and physical condition, and political institutions". Section 2 of the Fourteenth Amendment (1868) later superseded Article 1, Section 2, Clause 3 and explicitly repealed the compromise. Following the completion of each census, Congress is empowered to use

1340-441: A parenthetical sentence only when used after a complete sentence, like so: ( Sic. ) Some guides, including The Chicago Manual of Style , recommend "quiet copy-editing " (unless where inappropriate or uncertain) instead of inserting a bracketed sic , such as by substituting in brackets the correct word in place of the incorrect word or by simply replacing an incorrect spelling with the correct one. Alternatively, to show both

1474-492: A proper purpose ("in aid of" its legislative powers) functions as a limit on Congress's ability to investigate the private affairs of individual citizens; matters that simply demand action by another branch of government, without implicating an issue of public policy necessitating legislation by Congress, must be left to those branches due to the doctrine of separation of powers. The courts are highly deferential to Congress's exercise of its investigation powers, however. Congress has

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1608-471: A replacement to serve out the remainder of the senator's term. If the state legislature was not in session, its governor could appoint a temporary replacement to serve until the legislature could elect a permanent replacement. This was superseded by the Seventeenth Amendment , which provided for the popular election of senators, instead of their appointment by the state legislature. In a nod to

1742-487: A result, including: three presidents ( Andrew Johnson , Bill Clinton , and Donald Trump , twice), two Cabinet secretaries ( William W. Belknap and Alejandro Mayorkas ), one senator ( William Blount ), one Supreme Court associate justice ( Samuel Chase ), and fourteen federal judges . Also, notably, impeachment proceedings compelled the resignation of President Richard Nixon . The Constitution does not specify how impeachment proceedings are to be initiated. Until

1876-453: A state from other states. The court began by examining the usage of the terms "imports" and "imposts" in Brown : In the case of Brown v. Maryland , the word imports, as used in the [Import-Export Clause], is defined, both on the authority of the lexicons and of usage, to be articles brought into the country; and impost is there said to be a duty, custom, or tax levied on articles brought into

2010-538: A substantial nexus with the taxing State, is fairly apportioned, does not discriminate against interstate commerce, and is fairly related to the services provided by the State." In Japan Line, Ltd. v. County of Los Angeles , the U.S. Supreme Court had occasion to consider the application of the dormant commerce clause doctrine to foreign commerce. In addition to the four-prong test in Complete Auto Transit ,

2144-497: A tax upon them, in any shape, is within the constitutional prohibition. The question is not as to the extent of the tax, or its equality with respect to taxes on other property, but as to the power of the State to levy any tax. This doctrine, which became known as the "original package doctrine", would define the interpretation of the Import-Export Clause for over a century. In 1976, the U.S. Supreme Court re-examined

2278-524: A vessel, which is an indirect method of taxing imports and exports. At the time the Constitution was adopted, duties of tonnage were imposed on ships for entering or lying in a harbor and were distinct from charges imposed for pilotage or loading and unloading cargo. In Clyde Mallory Lines v. Alabama , the Supreme Court explained that the prohibition on tonnage duties "was due to the desire of

2412-546: Is a vesting clause that bestows federal legislative power exclusively to Congress. Similar clauses are found in Article II , which confers executive power upon the president alone, and Article III , which grants judicial power solely to the federal judiciary. These three articles create a separation of powers among the three branches of the federal government . This separation of powers, by which each branch may exercise only its own constitutional powers and no others,

2546-429: Is central to the theory. The nondelegation doctrine is primarily used as a way of interpreting a congressional delegation of authority narrowly, in that the courts presume Congress intended only to delegate that which it certainly could have, unless it clearly demonstrates it intended to "test the waters" of what the courts would allow it to do. Although not mentioned in the Constitution, Congress has also long asserted

2680-518: Is currently impossible, because while the size of the House of Representatives is fixed at 435, several states had less than 1/435 of the national population at the time of the last reapportionment in 2020. However, the Supreme Court has interpreted the provision of Clause One that Representatives shall be elected "by the People" to mean that, in those states with more than one member of the House of Representatives, each congressional election district within

2814-547: Is fundamental to the idea of a limited government accountable to the people. The separation of powers principle is particularly significant for Congress. The Constitution declares that the Congress may exercise only those legislative powers "herein granted" within Article I (as later limited by the Tenth Amendment ). It also, by implied extension, prohibits Congress from delegating its legislative authority to either of

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2948-403: Is most often inserted into quoted or reprinted material to indicate meticulous accuracy in reproducing the preceding text, despite appearances to the reader of an incorrect or unusual orthography ( spelling , punctuation , grammar, syntax, fact, logic, etc.). Several usage guides recommend that a bracketed sic be used primarily as an aid to the reader, not as an indicator of disagreement with

3082-420: Is not, taken in its literal sense, confined to a duty levied while the article is entering the country, but extends to a duty levied after it has entered the country. The Import-Export Clause has an exception for state inspection laws. Since state inspections were carried out on land, for both imports and exports, a "tax or duty of inspection" was "frequently, if not always, paid for service performed on land" once

3216-426: Is to inform the reader that any errors in a quotation did not arise from editorial errors in the transcription, but are intentionally reproduced as they appear in the source text being quoted; thus, sic is placed inside brackets to indicate it is not part of the quotation. Sic can also be used derisively to direct the reader's attention to the writer's spelling mistakes and erroneous logic, or to show disapproval of

3350-517: Is up for re-election every two years, but the entire body is never up for re-election in the same year (as contrasted with the House, where its entire membership is up for re-election every 2 years). As originally established, senators were elected by the Legislature of the State they represented in the Senate. If a senator died, resigned, or was expelled, the legislature of the state would appoint

3484-561: The 1920 census , Congress failed to apportion the House, with the House using the allocations of the Apportionment Act of 1911 until after the 1932 elections, which was the date determined by Congress after it passed and the president signed the Reapportionment Act of 1929 . This resulted in the representation within the House to remain frozen for twenty years. Reapportionment of the House required Congress to pass

3618-519: The District of Columbia full representation in the Congress without also granting it statehood. Their argument is that an amendment that would allow a non-state district to have two senators would deprive the states of their equal suffrage in the Senate and would therefore require unanimous ratification by all the states. Those in favor of the amendment have argued that the States are merely entitled to equal suffrage amongst one another, and that granting

3752-412: The Reapportionment Act of 1929 , a constant 435 House seats have been apportioned among the states according to each census, and determining the size of the House is not presently part of the apportionment process. With one exception, the apportionment of 1842, the House of Representatives had been enlarged by various degrees from sixty-five members in 1788 to 435 members by 1913. The determination of size

3886-526: The Supreme Court , the power to raise and support an army and a navy, the power to call forth the militia "to execute the laws of the Union, suppress insurrections, and repel invasions" and to provide for the militia's "organizing, arming, disciplining...and governing" and granting Congress the power to declare war . Section 8 also provides Congress the power to establish a federal district to serve as

4020-598: The framers to supplement [the Import-Export Clause] ... by forbidding a corresponding tax on the privilege of access by vessels to the ports of a state, and to their doubts whether the Commerce Clause would accomplish that purpose." The Tonnage Clause was also, like the Import-Export Clause, intended to prevent states with convenient ports from taxing goods destined to states which lacked good ports. The Export Clause (Art. I, §9, clause 5) prohibits

4154-458: The income tax to income derived from real estate and specifically income in the form of dividends from personal property ownership such as stock shares was found to be unconstitutional because it was not apportioned among the states; that is to say, there was no guarantee that a State with 10% of the country's population paid 10% of those income taxes collected, because Congress had not fixed an amount of money to be raised and apportioned it between

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4288-439: The separation of powers among the three branches of the federal government. Section 2 of Article One addresses the House of Representatives, establishing that members of the House are elected every two years, with congressional seats apportioned to the states on the basis of population. Section 2 includes various rules for the House of Representatives, including a provision stating that individuals qualified to vote in elections for

4422-441: The three-fifths compromise , was a compromise between Southern and Northern states in which three-fifths of the population of slaves would be counted for enumeration purposes and for the apportionment of seats in the House of Representatives and of taxes among the states. It was, according to Supreme Court Justice Joseph Story (writing in 1833 ), a "matter of compromise and concession, confessedly unequal in its operation, but

4556-418: The veto power of the president of the United States . Under Section 7, the president can veto a bill, but Congress can override the president's veto with a two-thirds vote of both chambers. Section 8 lays out the powers of Congress. It includes several enumerated powers, including the power to lay and collect "taxes, duties, imposts, and excises" (provided duties, imposts, and excises are uniform throughout

4690-468: The Articles of Confederation, Congress could not effectively prevent states from imposing tariffs and regulations that conflicted with Congress' efforts to regulate trade with foreign nations. There was also considerable commercial strife between the states without major ports and those with major ports, which used tariffs on goods destined to other states to generate revenue. New Jersey, sandwiched between

4824-540: The Congress. The United States were first organized under the Articles of Confederation , under which the states maintained significant autonomy while the national government was weak. Among the major weaknesses of the Articles of Confederation was the inability to regulate commerce with foreign nations and among the states and the inability of the national government to impose taxes. The national government lacked power to enforce acts of Congress and requests for money from

4958-525: The Equal Protection Clause of the Fourteenth Amendment , finding that, "construed in its historical context, the command of Art. I, § 2, that Representatives be chosen 'by the People of the several States' means that as nearly as is practicable one man's vote in a congressional election is to be worth as much as another's." Court involvement in this issue developed slowly from an initial practice of electing representatives at-large, until in

5092-507: The Equal Protection Clause of the Fourteenth Amendment. In a dissenting opinion of a 1964 Supreme Court case involving reapportionment in the Alabama state legislature, Associate Justice John Marshall Harlan II included Minor v. Happersett (an 1875 case which allowed states to deny women the right to vote) in a list of past decisions about voting and apportionment which were no longer being followed. In Oregon v. Mitchell (1970),

5226-619: The Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies. After

5360-538: The Export Clause, which prohibits the federal government from imposing taxes or duties on exports. The adoption of the Import-Export Clause received considerable debate, more so than the Export Clause or the Commerce Clause . The Constitutional Convention also decided that tariffs on imports was to be the main source of revenue for the federal government. In Federalist No. 12 , Alexander Hamilton made

5494-478: The Federal Government, with no concurrent state power: the Federal Government must speak with one voice when regulating commercial relations with foreign governments, and tariffs, which might affect foreign relations, could not be implemented by the States consistently with that exclusive power; import revenues were to be the major source of revenue of the Federal Government, and should not be diverted to

Import-Export Clause - Misplaced Pages Continue

5628-409: The Federal Government, with no concurrent state power: the Federal Government must speak with one voice when regulating commercial relations with foreign governments, and tariffs, which might affect foreign relations, could not be implemented by the States consistently with that exclusive power; import revenues were to be the major source of revenue of the Federal Government, and should not be diverted to

5762-420: The House of Representatives shall choose its Speaker and its other officers. Though the Constitution does not mandate it, every Speaker has been a member of the House of Representatives. The Speaker rarely presides over routine House sessions, choosing instead to deputize a junior member to accomplish the task. Finally, Section Two grants to the House of Representatives the sole power of impeachment . Although

5896-417: The House of Representatives and the Senate the power to judge their own elections, determine the qualifications of their own members, and punish or expel their own members. Section 6 establishes the compensation, privileges, and restrictions of those holding congressional office. Section 7 lays out the procedures for passing a bill, requiring both houses of Congress to pass a bill for it to become law, subject to

6030-442: The House to serve as the prosecution team in the impeachment trial in the Senate (see Section 3, Clause 6 below). The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. The first Clause of Section Three provides that each state is entitled to have two senators, who would be elected by its state legislature (now by

6164-448: The House. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. A senator must be at least 30 years of age, must have been a citizen of the United States for at least nine years before being elected, and must reside in

6298-514: The Import Export Clause. "We think this case cannot be distinguished from that of Brown v. Maryland ," he wrote, concluding that "the state tax in question is a duty upon the export of gold and silver, and consequently repugnant to the [Import-Export Clause]." In 1869, however, the Supreme Court was presented with a case, Woodruff v. Parham , specifically addressing whether the Import-Export Clause applied to merchandise brought into

6432-517: The Import-Export Clause only applied to foreign goods. In 1945, the Supreme Court held that the Import-Export Clause applied to imports from the Philippine Islands, which at that time was a territory of the United States. In Low v. Austin (1872), the Supreme Court was given the question of "whether imported merchandise, upon which the duties and charges at the custom-house have been paid, is subject to State taxation, whilst remaining in

6566-460: The Import-Export Clause to interstate commerce, remarking that "we suppose the principles laid down in this case, to apply equally to importations from a sister State." In 1860, Chief Justice Taney, who had argued for Maryland in Brown v. Maryland , wrote the Supreme Court's opinion in Almy v. California , which found a tax on a bill of lading for gold dust exported from California to New York violated

6700-530: The Senate." Thus, no individual state may have its individual representation in the Senate adjusted without its consent. That is to say, an amendment that directly changed this clause to provide that all states would get only one senator (or three senators, or any other number) could become valid as part of the Constitution if ratified by three-fourths of the states; however, one that provided for some basis of representation other than strict numerical equality (for example, population, wealth, or land area), would require

6834-561: The State they will represent at the time of the election. The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by a House of Congress exercising its Section 5 authority to "Judge... the... Qualifications of its own Members," or by a state in its exercise of its Section 4 authority to prescribe the "Times, Places and Manner of holding Elections for Senators and Representatives,..." The Vice President of

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6968-475: The States according to their respective shares of the national population. To permit the levying of such an income tax, Congress proposed and the states ratified the Sixteenth Amendment , which removed the restriction by specifically providing that Congress could levy a tax on income "from whatever source derived" without it being apportioned among the States or otherwise based on a State's share of

7102-533: The States; and harmony among the States might be disturbed unless seaboard States, with their crucial ports of entry, were prohibited from levying taxes on citizens of other States by taxing goods merely flowing through their ports to the other States not situated as favorably geographically. Sic We are prepared, under appropriate circumstances, to provide information bearing on the credibly [ sic ] and veracity of any such source. Irin Carmon quoting

7236-422: The States; and harmony among the States might be disturbed unless seaboard States, with their crucial ports of entry, were prohibited from levying taxes on citizens of other States by taxing goods merely flowing through their ports to the other States not situated as favorably geographically. The Tonnage Clause (Art. I, § 10, clause 3), prevents states from imposing taxes based on the tonnage (internal capacity) of

7370-453: The Supreme Court cited a tariff as "the paradigmatic example of a law discriminating against interstate commerce ... so patently unconstitutional that our cases reveal not a single attempt by any State to enact one. Instead the cases are filled with state laws that aspire to reap some of the benefits of tariffs by other means." In 1827, the Supreme Court addressed a Maryland act that required importers and persons selling imported items to obtain

7504-553: The Supreme Court has not had an occasion to interpret this specific provision, the Court has suggested that the grant to the House of the " sole " power of impeachment makes the House the exclusive interpreter of what constitutes an impeachable offense. This power, which is analogous to the bringing of criminal charges by a grand jury , has been used only rarely. The House has begun impeachment proceedings 62 times since 1789, and twenty-one federal officials have been formally impeached as

7638-480: The Supreme Court has recognized voting as a fundamental right, the Equal Protection Clause places very tight limitations (albeit with uncertain limits) on the states' ability to define voter qualifications; it is fair to say that qualifications beyond citizenship, residency, and age are usually questionable. In the 1960s, the Supreme Court started to view voting as a fundamental right covered by

7772-547: The Supreme Court held that the Qualifications clause did not prevent Congress from overriding state-imposed minimum age restrictions for voters in Congressional elections. Since clause 3 provides that Members of the House of Representatives are apportioned state-by-state and that each state is guaranteed at least one Representative, exact population equality between all districts is not guaranteed and, in fact,

7906-524: The Supreme Court in Michelin . In United States v. IBM (1996), the Supreme Court determined that there was a meaningful difference in the language of the two clauses and that the Export Clause prohibits even nondiscriminatory taxes on exports. The Commerce Clause, which grants Congress the authority to "regulate trade with foreign nations, among the states, and with the Indian Tribes," complements

8040-492: The Supreme Court remarked that "there is some diversity in language" between the Export Clause and Import-Export Clause, "but none is perceivable in the act which is prohibited." The difference in language—"no tax or duty" in the Export Clause versus "any impost or duty on imports or exports" in the Import-Export Clause—needed to be addressed in the wake of the new interpretation of the Import-Export Clause adopted by

8174-451: The U.S. Constitution places no restrictions on state or local office-holders simultaneously holding federal office , most state constitutions today effectively ban state and local office holders from also holding federal office at the same time by prohibiting federal office holders from also holding state and local office. Unlike other state-mandated restrictions, these sorts of prohibitions are constitutional as long they are enforced purely at

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8308-550: The U.S. Supreme Court was whether the tires had lost their "distinctive character" as imports once they were unloaded from the sea-vans, sorted, and stored in Michelin's warehouse. However, the court chose sua sponte to investigate the meaning of the Import-Export Clause, noting that "[c]ommentators have uniformly agreed that Low v. Austin misread [Brown v. Maryland]" to prohibit "nondiscriminatory ad valorem property taxes among prohibited 'imposts' or 'duties.'" The court's decision

8442-566: The U.S., then driven to the Georgia warehouse. The remaining 25% were placed on trailers in Nova Scotia, then driven to the Michelin warehouse. In both cases, at the warehouse the tires were unloaded, sorted, and stored until purchased and delivered to a retail store. The ad valorum tax applied to business inventory regardless of whether it was imported or not and was therefore non-discriminatory. The tires were not individually packaged during

8576-579: The United States establishes the legislative branch of the federal government , the United States Congress . Under Article One, Congress is a bicameral legislature consisting of the House of Representatives and the Senate . Article One grants Congress various enumerated powers and the ability to pass laws " necessary and proper " to carry out those powers. Article One also establishes

8710-402: The United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. Section Three provides that the vice president is the president of the Senate . Excepting the duty to receive the tally of electoral votes for president, this is the only regular responsibility assigned to the office of the vice president by the Constitution. When serving in this capacity,

8844-467: The United States), "to provide for the common defense and general welfare of the United States", the power to regulate interstate and international commerce , the power to set naturalization laws , the power to coin and regulate money, the power to borrow money on the credit of the United States, the power to establish post offices and post roads, the power to establish federal courts inferior to

8978-407: The act which is prohibited." The opinion concluded by noting two issues that were left open: "It may be proper to add that we suppose the principles laid down in this case to apply equally to importations from a sister state. We do not mean to give any opinion on a tax discriminating between foreign and domestic articles." In Brown v. Maryland , Chief Justice Marshall remarked on the applicability of

9112-423: The aggregate population in all the states (according to the prevailing Constitutional rule for determining population) to determine the relative population of each state to the population of the whole, and, based on its calculations, to establish the appropriate size of the House and to allocate a particular number of representatives to each state according to its share of the national population. Since enactment of

9246-401: The apportionment of House seats. Even so, the constraint placed upon Congress's taxation power remained, as the restriction was reiterated in Article 1 Section 9 Clause 4. The amount of direct taxes that could be collected by the federal government from the people in any State would still be tied directly to that state's share of the national population. Due to this restriction, application of

9380-535: The argument that tariffs on imports would need to be the primary source of revenue for the new federal government and that the federal government could more effectively impose tariffs on imports than the states could separately. In Michelin Tire Corp. v. Wages (1976), the U.S. Supreme Court explained the purpose of this clause: The Framers of the Constitution thus sought to alleviate three main concerns by committing sole power to lay imposts and duties on imports in

9514-420: The articles, if it were to be levied on them after they were landed. ... What, then, are "imports?" The lexicons inform us they are "things imported." If we appeal to usage for the meaning of the word, we shall receive the same answer. They are the articles themselves which are brought into the country. "A duty on imports," then, is not merely a duty on the act of importation, but is a duty on the thing imported. It

9648-471: The authority of Congress given in the Import-Export Clause. Following the Michelin interpretation of the Import-Export Clause, the U.S. Supreme Court re-examined its application of the dormant commerce clause doctrine in Complete Auto Transit, Inc. v. Brady , which related to interstate commerce and established a four-prong test in which a tax is valid if it "is applied to an activity with

9782-635: The congressional district in which they represent. A 2002 Congressional Research Service report also found that no state could implement a qualification that a Representative not be a convicted felon or incarcerated. However, the United States Supreme Court has ruled that certain ballot access requirements, such as filing fees and submitting a certain number of valid petition signatures do not constitute additional qualifications and thus few Constitutional restrictions exist as to how harsh ballot access laws can be. Finally, although

9916-680: The content or form of the material. In the English language, the Latin adverb sic is used as an adverb, and derivatively as a noun and as a verb. The adverb sic , meaning 'intentionally so written', first appeared in English c.  1856 . It is derived from the Latin adverb sīc , which means 'so', 'thus', 'in this manner'. According to the Oxford English Dictionary , the verbal form of sic , meaning 'to mark with

10050-416: The correct form when using recte . A third alternative is to follow an error with sic , a comma or colon, "read", and the correct reading, all within square brackets, as in the following example: Item 26 - 'Plan of space alongside Evinghews [sic: read Evening News] Printing Works and overlooked by St. Giles House University Hall', [Edinburgh] Export Clause Article One of the Constitution of

10184-421: The country. In the ordinary use of these terms at this day, no one would, for a moment, think of them as having relation to any other articles than those brought from a country foreign to the United States, and at the time the case of Brown v. Maryland was decided. The court then proceeded into a lexicographical inquiry of the terms "imports" and "imposts" used elsewhere in the Constitution. The court first examined

10318-525: The court added two prongs derived from the Import-Export Clause: whether the tax creates a risk of multiple taxation and whether it impairs the federal government's one voice in dealing with foreign nations. The dormant commerce clause is important in complementing the Import-Export Clause (which only prohibits "imposts" and "duties"), since the former also prohibits discriminatory regulations. In West Lynn Creamery, Inc. v. Healy , for example,

10452-627: The court's view, Congress' authority to impose internal taxes was provided for by the terms "taxes" and "excises". The court reasoned that "the words imports, exports, and imposts are used with exclusive reference to foreign trade" in Article ;VI, §3 and Article IX, §1 of the Articles of Confederation and found that the records of the Constitutional Convention used the words "duty," "impost," and "import" in reference to foreign trade. The court's final line of reasoning

10586-443: The denial of the right to vote based on race, color, or previous condition of servitude. The Nineteenth Amendment prohibits the denial of the right to vote based on sex. The Twenty-fourth Amendment prohibits the revocation of voting rights due to the non-payment of a poll tax . The Twenty-sixth Amendment prohibits the denial of the right of US citizens, eighteen years of age or older, to vote on account of age. Moreover, since

10720-530: The direct election of senators. Section 3 lays out various other rules for the Senate, including a provision that establishes the vice president of the United States as the president of the Senate. Section 4 of Article One grants the states the power to regulate the congressional election process but establishes that Congress can alter those regulations or make its own regulations. Section 4 also requires Congress to assemble at least once per year. Section 5 lays out various rules for both houses of Congress and grants

10854-544: The early 20th century, a House member could rise and propose an impeachment, which would then be assigned to a committee for investigation upon a formal resolution vote of the judicial committee. Presently, it is the House Judiciary Committee that initiates the process and then, after investigating the allegations, prepares recommendations for the whole House's consideration. If the House votes to adopt an impeachment resolution, " managers " are appointed by

10988-456: The executive authority of all states with vacancies to hold a special election within 49 days of the announcement. This election is initiated via a writ of election from the Governor ( 2 U.S.C.   § 8(b) ). The House of Representatives shall chuse [ sic ] their Speaker and other Officers; and shall have the sole Power of Impeachment. Section Two further provides that

11122-544: The federal district Senate representation does not violate that right. Whether unanimous consent of the 50 states would be required for such an amendment to become operative remains an unanswered political question. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at

11256-444: The federal government from imposing any "tax or duty ... on articles exported from any state." The clause was proposed by southern states, which feared that northern states would control Congress and raise a disproportionate amount of revenue for the federal government from southern states through taxes on exports. The Export Clause has historically been interpreted in harmony with the Import-Export Clause. In Brown v. Maryland (1827),

11390-662: The first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse [ sic ] three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. After much debate,

11524-534: The first group of senators was elected to the First Congress (1789–1791), the senators were divided into three "classes" as nearly equal in size as possible, as required by this section. This was done in May 1789 by lot . It was also decided that each state's senators would be assigned to two different classes. Those senators grouped in the first class had their term expire after only two years; those senators in

11658-499: The following example from Fred Rodell 's 1955 book Nine Men : [I]n 1951, it was the blessing bestowed on Judge Harold Medina 's prosecution [ sic ] of the eleven so-called 'top native Communists,' which blessing meant giving the Smith Act the judicial nod of constitutionality. Where sic follows the quotation, it takes brackets : [ sic ]. The word sic is often treated as a loanword that does not require italics, and

11792-408: The framers of the Constitution decided to make population the basis of apportioning the seats in the House of Representatives and the tax liability among the states. To facilitate this, the Constitution mandates that a census be conducted every ten years to determine the population of each state and of the nation as a whole and establishes a rule for who shall be counted or excluded from the count. As

11926-480: The governors of the states were expressly allowed by the Constitution to make temporary appointments. The current system, under the Seventeenth Amendment, allows governors to appoint a replacement only if their state legislature has previously decided to allow the governor to do so; otherwise, the seat must remain vacant until the special election is held to fill the seat, as in the case of a vacancy in

12060-419: The importation process. Under the "original package" doctrine, the tires could not be subjected to even non-discriminatory taxes until they lost their character as imports and became incorporated into the general mass of property of the state. Because it was impractical to individually package some items shipped in bulk, the defining time for items shipped in bulk was when they were broken up. The question before

12194-431: The imported item was within the country. Marshall thus concluded that "th[e] exception in favor of duties for the support of inspection laws goes far in proving that the framers of the Constitution classed taxes of a similar character with those imposed for the purposes of inspection, with duties on imports and exports, and supposed them to be prohibited." Prior to the Constitution, there was significant trade quarrels among

12328-419: The largest chamber of their state's legislature have the right to vote in elections for the House of Representatives. Section 3 addresses the Senate, establishing that the Senate consists of two senators from each state, with each senator serving a six-year term. Section 3 originally required that the state legislatures elect the members of the Senate, but the Seventeenth Amendment , ratified in 1913, provides for

12462-530: The late 1940s and the early 1950s the Court used the " political question " doctrine in Baker v. Carr to decline to adjudicate districting and apportionment suits. The Supreme Court has held in Rucho v. Common Cause that there was no "constitutional directive" nor any "legal standards to guide" the Court in claims of unconstitutional partisan gerrymandering , and such claims today are considered nonjusticiable. At

12596-464: The less populist nature of the Senate, the amendment tracks the vacancy procedures for the House of Representatives in requiring that the governor call a special election to fill the vacancy, but (unlike in the House) it vests in the state legislature the authority to allow the governor to appoint a temporary replacement until the special election is held. Note, however, that under the original Constitution,

12730-465: The major importing states levied taxes on imports that were then transported to other states, the latter would likely impose countervailing measures. The opinion remarked on the difference between the Import-Export Clause and Export Clause: while "[t]here is some diversity in language" (imposts and duties in the Import-Export Clause; taxes or duties in the Export Clause), "none is perceivable in

12864-414: The male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State." The Fifteenth Amendment prohibits

12998-639: The mid-20th century. For example, in United States state-court opinions before 1944, sic appeared 1,239 times in the Westlaw database; in those from 1945 to 1990, it appeared 69,168 times, over 55 times as many. Its use as a form of ridicule has been cited as a major factor in this increase. The immoderate use of sic has created some controversy, leading some editors, including bibliographical scholar Simon Nowell-Smith and literary critic Leon Edel , to speak out against it. The bracketed form [ sic ]

13132-402: The national capital and gives Congress the exclusive power to administer that district. In addition to various enumerated powers, Section 8 grants Congress the power to make laws necessary and proper to carry out its enumerated powers and other powers vested in it. Section 9 places various limits on the power of Congress, banning bills of attainder and other practices. Section 10 places limits on

13266-636: The national population. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies. Generally states and territories fill vacancies within the House of Representatives according to their own laws, however when vacancies within the House exceed 100 members, the Speaker of the House will announce "extraordinary circumstances" have occurred, which obligates

13400-444: The new form of government would become operational prior to the completion of a national census, the Constitution also provides for a temporary apportionment of seats. Originally, the population of each state and of the nation as a whole was ascertained by adding to the whole number of free Persons, three-fifths the number of all other Persons (i.e. slaves ), but excluding non-taxed Native Americans . This Constitutional rule, known as

13534-552: The original and the suggested correction (as they often are in palaeography ), one may give the actual form, followed by recte , then the correct form, in brackets. The Latin adverb recte means rightly . An Iraqi battalion has consumed [ recte assumed] control of the former American military base, and our forces are now about 40 minutes outside the city. According to the Journal of Seventeenth-Century Music Style Sheet , there should be no punctuation, for example no colon, before

13668-526: The original cases, unbroken and unsold, in the hands of the importer." The court, drawing on Brown and the opinion of Chief Justice Taney in the License Cases (1847) decided that: [T]he goods imported do not lose their character as imports, and become incorporated into the mass of property of the State, until they have passed from the control of the importer or been broken up by him from their original cases. Whilst retaining their character as imports,

13802-488: The original package doctrine and fundamentally changed its Import-Export Clause analysis. The case concerned whether a local ad valorum tax on a business' inventory could be applied to imported tires held in a Michelin warehouse pending distribution to the company's retail outlets. About 75% of the tires had been loaded into truck trailers (known as "sea vans") that were loaded onto ships in France or Nova Scotia, transported to

13936-444: The other branches of government, a rule known as the nondelegation doctrine . However, the Supreme Court has ruled that Congress does have the latitude to delegate regulatory powers to executive agencies as long as it provides an "intelligible principle" which governs the agency's exercise of the delegated regulatory authority. That the power assigned to each branch must remain with that branch, and may be expressed only by that branch,

14070-585: The people of each state), serve for staggered six-year terms, and have one vote each. Through these provisions, adopted following the Connecticut Compromise , the Framers sought to protect the sovereignty and interests of states. This clause has been superseded by the Seventeenth Amendment , ratified in 1913, which, in part, provides as amended , that The Senate of the United States shall be composed of two Senators from each State, elected by

14204-545: The people thereof, for six years; and each Senator shall have one vote. Article Five specifies the means by which the Constitution of the United States can be amended. It ends by shielding three Article I clauses from being amended. The clause guaranteeing equal representation is among them. (The others are first and fourth clauses in Section 9, which were amendable after 1808.) Article Five provides that "no State, without its Consent, shall be deprived of its equal Suffrage in

14338-441: The port. There is no difference in effect between a power to prohibit the sale of an article and a power to prohibit its introduction into the country. ... No goods would be imported if none could be sold." It was not relevant how small or large the tax was or whether states would act in a manner injurious to their commercial interests, as "it cannot be conceded that each [state] would respect the interests of others." Furthermore, if

14472-596: The ports in New York and Philadelphia, was compared to a "cask tapped at both ends"; North Carolina, located between the ports in Virginia and Charleston, was likened to "a patient bleeding at both stumps". Also, under the Articles of Confederation, the federal government did not have any secure funding. The Import-Export Clause was adopted by the Constitutional Convention a few days after adopting

14606-430: The power to investigate and the power to compel cooperation with an investigation. The Supreme Court has affirmed these powers as an implication of Congress's power to legislate. Since the power to investigate is an aspect of Congress's power to legislate, it is as broad as Congress's powers to legislate. However, it is also limited to inquiries that are "in aid of the legislative function"; Congress may not "expose for

14740-797: The power to investigate that which it could regulate, and the courts have interpreted Congress's regulatory powers broadly since the Great Depression . The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. Election districts in each state have recently been required to be structured so that each elected representative represents substantially equal populations, based on court interpretations of

14874-482: The procedures for passing a bill and places various limits on the powers of Congress and the states from abusing their powers. Article One's Vesting Clause grants all federal legislative power to Congress and establishes that Congress consists of the House of Representatives and the Senate. In combination with the vesting clauses of Article Two and Article Three, the Vesting Clause of Article One establishes

15008-461: The prohibition of a tax upon foreign imports. Surely, if this had been intended, it must have occurred to the distinguished members of the Convention, it would be quite important to say so that the prohibition might not be misunderstood, especially when we take into consideration the eminent men who not only discussed and settled the terms and meaning of the clause, but to whom the whole instrument

15142-449: The sake of exposure". It is uncontroversial that a proper subject of Congress's investigation power is the operations of the federal government, but Congress's ability to compel the submission of documents or testimony from the president or his subordinates is often-discussed and sometimes controversial (see executive privilege ), although not often litigated. As a practical matter, the limitation of Congress's ability to investigate only for

15276-402: The second class had their term expire after only four years, instead of six. After this, all senators from those states have been elected to six-year terms, and as new states have joined the Union, their Senate seats have been assigned to two of the three classes, maintaining each grouping as nearly equal in size as possible. In this way, election is staggered; approximately one-third of the Senate

15410-420: The source. Sic may show that an uncommon or archaic expression is reported faithfully, such as when quoting the U.S. Constitution : "The House of Representatives shall chuse [ sic ] their Speaker ..." However, several writing guidebooks discourage its use with regard to dialect, such as in cases of American and British English spelling differences . The appearance of a bracketed sic after

15544-435: The state in which he or she is elected, and must have been a citizen of the United States for the previous seven years. There is no requirement that a Representative reside within the district in which he or she represents; although this is usually the case, there have been occasional exceptions. The Supreme Court has interpreted the Qualifications Clause as an exclusive list of qualifications that cannot be supplemented by

15678-534: The state level (i.e. against active federal office holders seeking to obtain or hold a state or local office). Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after

15812-435: The state must have nearly identical populations. No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. The Constitution provides three requirements for Representatives: A Representative must be at least 25 years old, must be an inhabitant of

15946-436: The states and uniformity in trade relations with foreign countries was difficult since states acted in their own interests without respecting the interests of other states. Imposts and duties on imports and exports was a subject given solely to Congress, "plainly because, in the general opinion, the interest of all would be best promoted by placing that whole subject under the control of Congress." Regardless of whether that power

16080-401: The states were frequently ignored. The Articles of Confederation did contain a similar clause on state duties: No State shall lay any imposts or duties, which may interfere with any stipulations in treaties, entered into by the united States in congress assembled, with any king, prince, or State, in pursuance of any treaties already proposed by congress, to the courts of France and Spain. Under

16214-401: The states' broad powers to set voter qualification standards. Though never enforced, clause 2 of the Fourteenth Amendment provides that "when the right to vote at any election for the choice of electors for president and vice president of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of

16348-412: The states, prohibiting them from entering into alliances with foreign powers, impairing contracts , taxing imports or exports above the minimum level necessary for inspection, keeping armies, or engaging in war without the consent of Congress. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Section 1

16482-487: The style manuals of New Zealand, Australian and British media outlets generally do not require italicisation. However, italicization is common in the United States, where authorities including APA Style insist upon it. Because sic is not an abbreviation, placing a full stop /period inside the brackets after the word sic is erroneous, although the California Style Manual suggests styling it as

16616-550: The terms in Article I, § 8, clause 1, which provides that "Congress shall have power to levy and collect taxes, duties, imposts, and excises, ... but all duties, imposts, and excises shall be uniform throughout the United States." If the term "imposts" was intended to include duties on interstate imports, it would be rendered invalid by Article I, § 9, clause 5—"No Tax or Duty shall be laid on Articles exported from any State"—because any import into one state from another would be an export which Congress could not tax. In

16750-523: The time of its creation, the Constitution did not explicitly give citizens an inherent right to vote. However, by stipulating that those qualified to vote in elections for the largest chamber of a state's legislature could vote in Congressional (House of Representatives) elections the Framers expressed a rather explicit intent that the House was to be directly elected. Since the Civil War , several constitutional amendments have been enacted that have curbed

16884-456: The unanimous consent of all the states. Denying the states their intended role as joint partners in the federal government by abolishing their equality in the Senate would, according to Chief Justice Salmon P. Chase (in Texas v. White ), destroy the grounding of the Union. This Article V provision has been employed by those opposed to contemplated constitutional amendments that would grant

17018-442: The vice president may cast tie-breaking votes . Early in the nation's history, vice presidents frequently presided over the Senate. In modern times, the vice president usually does so only during ceremonial occasions or when a tie in the voting is anticipated. As of August 7, 2022 , there have been 294 tie-breaking votes cast by vice presidents. The Senate shall chuse [ sic ] their other Officers, and also

17152-440: The word analyse in a book review led Bryan A. Garner to comment, "all the quoter (or overzealous editor) [sic] demonstrated was ignorance of British usage". Occasionally a writer places [ sic ] after their own words, to indicate that the language has been chosen deliberately for special effect, especially where the writer's ironic meaning may otherwise be unclear. Bryan A. Garner dubbed this use of sic "ironic", providing

17286-418: Was committed for special and final revision. It would have been easy to have made the clause clear by affixing the word "foreign" before the word "imports." Then the clause would read "foreign imports," that now is affixed, by construction, a pretty liberal one of the fundamental charter of the government. In his view, there is nothing in the Constitution or the records of the Constitutional Convention to suggest

17420-413: Was made based on the aggregate national population, so long as the size of the House did not exceed 1 member for every 30,000 of the country's total population nor the size of any state's delegation exceed 1 for every 30,000 of that state's population. With the size of the House still fixed at 435, the current ratio, as of the 2020 Census , is around 1 Representative per 760,000 Persons. However, after

17554-412: Was one of the primary issues prompting the Constitutional Convention. However, the later development of the dormant Commerce Clause doctrine later addressed this issue. Justice Nelson further critiqued the court's lexicographical inquiry: In looking at this clause, it will be seen that there is nothing in its terms, or connection, that affords the slightest indication that it was intended to be confined to

17688-543: Was that "a nondiscriminatory ad valorem property tax is not the type of state exaction which the Framers of the Constitution or the Court in Brown had in mind as being an 'impost' or 'duty' and that Low v. Austin ' s reliance upon the Brown dictum to reach the contrary conclusion was misplaced." It summarized the purpose of the clause as: The Framers of the Constitution thus sought to alleviate three main concerns by committing sole power to lay imposts and duties on imports in

17822-419: Was that application of the Import-Export Clause to interstate commerce would produce "the grossest injustice" and that the "equality of public burdens in all our large cities [would be] impossible," because contemporary case law prohibited the taxation of imports. "The merchant of Chicago who buys his goods in New York and sells at wholesale in the original packages, may have his millions employed in trade for half

17956-456: Was to prevent state taxation from disrupting harmony between the states, prevent states from hindering uniform trade relations between the US and foreign nations, or reserve this source of revenue solely to the government, "it is plain that the object would be as completely defeated by a power to tax the article in the hands of the importer the instant it was landed as by a power to tax it while entering

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