- 1.9.1Migration and Importationnot yet published The migration clause shielded the slave trade from congressional prohibition for twenty years — a self-liquidating temporal compromise that held the union together at ratification but deferred, rather than resolved, the structural contradiction between liberty and bondage.
- 1.9.2The Suspension Clausenot yet published The Suspension Clause guarantees judicial review of government detention — the structural mechanism that prevents executive custody from becoming self-authorizing. The guarantee holds; the strain is in the timing gap between emergency detention and judicial review, where the architecture protects the principle retrospectively rather than in real time.
- 1.9.3Bills of Attainder and Ex Post Facto Lawsnot yet published The bill of attainder and ex post facto prohibitions enforce the boundary between legislative and judicial power — preventing Congress from punishing individuals by name and from criminalizing the past. Both prohibitions hold; the strains are doctrinal, not architectural: the "punishment" boundary in attainder law and the criminal-only limitation on ex post facto.
- 1.9.4Capitation and Direct Taxesnot yet published The apportionment clause requires direct taxes to be distributed among states by population — a structural constraint the framers designed to protect states from disproportionate federal tax burdens. The Sixteenth Amendment carved out income taxes, rendering the requirement largely dormant but not repealed; the boundary of "direct tax" remains unresolved for novel levies.
- 1.9.5No Export Taxesnot yet published The export-tax prohibition prevents Congress from taxing articles exported from any state — an absolute constraint adopted as a sectional bargain to protect agricultural export economies. The prohibition holds structurally, is consistently enforced, and generates no significant strain under modern conditions.
- 1.9.6Port Preferences and Dutiesnot yet published The port-preference clause prohibits Congress from using its commerce or revenue power to favor one state's ports over another's and prevents compulsory diversion of vessels through another state's port. The prohibition holds structurally, is settled doctrinally, and generates no significant strain — the structural abuse it targets has not materialized under the constitutional framework.
- 1.9.7Appropriations and Statementsnot yet published The Appropriations Clause requires that all federal spending be authorized by statute and that the government publish regular accounts of receipts and expenditures. The spending-authorization requirement holds; the transparency mandate strains where Congress has exempted intelligence spending from public disclosure — a constitutional question never resolved on the merits.
- 1.9.8Titles of Nobility and Foreign Emolumentsnot yet published The clause contains two prohibitions protecting republican governance: an absolute ban on domestic titles of nobility and a conditional restriction on foreign emoluments requiring congressional consent. The titles prohibition holds without strain; the emoluments clause strains where modern commercial relationships outpace the consent mechanism the framers designed for diplomatic gifts.