Constitutional Congress

(1790 US Congressional Constitutional Duties)

  1. Taxation and Revenue: Article I, Section 8, Clause 1 grants Congress the power to lay and collect taxes, duties, imposts, and excises, with the exception of duties on imports and exports, which are regulated by Article I, Section 9, Clause 5.

 See Note 1 below

  1. Tariffs and Trade: Article I, Section 8, Clause 3 gives Congress the authority to regulate commerce with foreign nations, including the power to impose tariffs and duties on imports and exports. Article I, Section 9, Clause 5 prohibits states from imposing duties on imports and exports without congressional consent.
  2. Appropriations: Article I, Section 9, Clause 7 grants Congress the power to appropriate federal funds, known as the “power of the purse.”
  3. Foreign Affairs: Although the Constitution does not explicitly establish a Department of Foreign Affairs, Congress passed legislation creating the Department of State in 1789, which assumed responsibility for conducting foreign relations. The Constitution (Article II, Section 2) grants the President the authority to negotiate treaties, subject to Senate ratification.
  4. Inspection Laws: Article I, Section 8, Clause 18 gives Congress the power to establish inspection laws for imports and exports.
  5. Piracy: The Constitution (Article I, Section 8, Clause 10) grants Congress the authority to define and punish piracy, which was a universal crime recognized by the law of nations.
Congressional Laws Excluded

Note 1:

According to the 1790 US Constitution, Article I, Section 9, Clause 5 prohibits Congress from passing a Bill of Attainder or an Ex Post Facto Law.

  • Bill of Attainder: A legislative act that targets a specific individual or group, imposing punishment without a trial. This clause ensures that Congress cannot single out individuals for punishment without due process.
  • Ex Post Facto Law: A law that retroactively criminalizes an act that was not illegal at the time it was committed. This clause prevents Congress from making an action a crime after it has already been committed, thereby denying individuals the right to a fair trial.

This is important because the Executive branch has unlawfully begun to impose laws :

  1. that targets a specific individual or group, imposing punishment without a trial.

2. that retroactively criminalizes an act that was not illegal at the time it was committed

States’ Specific Duties 1790

Based on the provided search results, here are the specific duties left to the states in 1790:

  1. Revenue Collection: The Tariff Act of 1789 and the Tariff of 1790 imposed duties on imported goods, but the states were still responsible for collecting these duties. The federal government did not have a centralized revenue collection system, and the states continued to collect and remit taxes to the federal government.
  2. Internal Taxes: The Funding Act of 1790 did not abolish state-imposed internal taxes, such as property taxes, excise taxes, and other levies. These taxes remained the responsibility of the states, as they had been prior to the federal government’s assumption of debt.
  3. State Debt Management: Although the federal government assumed the debts of the states, the states were still responsible for managing their own debt and issuing new bonds to finance their operations.
  4. Local Governance: The states retained authority over local governance, including law enforcement, education, and infrastructure development. The federal government did not assume direct control over these areas, leaving them to the states and local governments.
  5. State Constitutional and Legislative Powers: The states continued to exercise their constitutional and legislative powers, including the ability to pass laws, elect officials, and govern their internal affairs.

The states retained significant autonomy and authority over revenue collection, internal taxes, state debt management, local governance, and state constitutional and legislative powers.

Current Statistical Data:

  • Originally, George Washington proposed each congressman represent about 30,000 people.
  • By1790 congress expanded to 37,143 people per district.
  • Currently, each congressman represents over 760,000 people.
  • Comparatively, we need 20-25 times the current representation in congress.
  • In 1929, Congress passed the Permanent Apportionment Act, which capped the number of representatives in the House of Representatives at 435.

Current existing jurisdictional statistics:

  • 50 states comprised of 3143 counties.
  • 3143 counties comprised of 179,933 precincts.
  • US Post Office has 41,624 zip codes.
  • The average population of a US county is approximately 104,435.

Executive Branch Original Limited Duties:

Initially, there were only three executive departments established under the Constitution:

  1. Department of State
  2. Department of War
  3. Department of Finance