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What are two things which states are forbidden to do under the Constitution?

Published in Constitutional Prohibitions 2 mins read

Under the U.S. Constitution, states are expressly forbidden from coining money and passing any Bill of Attainder. These specific prohibitions are critical for maintaining a unified federal system and safeguarding individual rights.

Key Constitutional Prohibitions on State Powers

The U.S. Constitution, particularly in Article I, Section 10, sets clear boundaries on state authority, preventing actions that could undermine federal power or infringe upon citizens' liberties.

1. Coining Money

States are forbidden to coin money or emit Bills of Credit. This fundamental prohibition ensures the stability and uniformity of the national economy.

  • Purpose: By centralizing the power to create currency with the federal government, the Constitution prevents economic chaos that could arise from multiple state-issued currencies, which could lead to inconsistent values, inflation, and barriers to interstate commerce. This ensures a consistent monetary system across the entire United States.

2. Passing Bills of Attainder

Another significant restriction is that states cannot pass any Bill of Attainder. A Bill of Attainder is a legislative act that declares a person or group guilty of a crime and prescribes punishment, such as death, imprisonment, or forfeiture of property, without a judicial trial.

  • Purpose: This prohibition is a cornerstone of due process and the separation of powers. It prevents legislative bodies from overstepping their authority and acting as judges, thereby ensuring that individuals are guaranteed a fair trial and judicial review before facing criminal penalties. It protects citizens from arbitrary punishment by the legislature.

Other Notable Prohibitions on States

Beyond these two critical examples, the Constitution also prohibits states from undertaking several other actions to maintain the federal structure and protect rights:

  • Entering into any Treaty, Alliance, or Confederation.
  • Granting Letters of Marque and Reprisal (authorizing private citizens to engage in acts of war).
  • Making any Thing but gold and silver Coin a Tender in Payment of Debts (preventing states from declaring other forms of payment as legal tender for debts).
  • Passing ex post facto Laws (laws that criminalize actions retroactively or increase the penalties for past actions).
  • Passing Laws impairing the Obligation of Contracts (interfering with existing contractual agreements).
  • Granting any Title [of Nobility].

Summary of Core State Prohibitions

Prohibited Action Core Reason for Prohibition
Coining Money Ensures a uniform national currency and economic stability.
Passing Bills of Attainder Upholds due process and prevents legislative overreach.

[[Constitutional State Prohibitions]]