Article I, Section 10, Clause 1 of the Constitution lists powers that states can never exercise, even with congressional permission. States cannot make treaties with foreign nations, coin money, pass bills of attainder that assign guilt without trials, enact ex post facto laws that criminalize past conduct, or interfere with legal contracts.
These absolute prohibitions prevent states from undermining national unity on critical matters like foreign policy and currency. The Framers wanted to avoid the chaos under the Articles of Confederation, when states issued competing currencies and made conflicting agreements with other nations.
Unlike qualified prohibitions in Clauses 2 and 3—which ban state tariffs and military forces unless Congress consents—these absolute limits protect core federal powers that no state can claim.
These absolute prohibitions prevent states from wrecking national unity on core matters like foreign policy and currency. They protect federal powers that must be uniform across the country.
People often think all state powers can be authorized by Congress if Congress consents. Some prohibitions are absolute: no state can make treaties or coin money, even with Congress's permission.
These absolute prohibitions prevent states from wrecking national unity on core matters like foreign policy and currency. They protect federal powers that must be uniform across the country.
People often think all state powers can be authorized by Congress if Congress consents. Some prohibitions are absolute: no state can make treaties or coin money, even with Congress's permission.