'34 NFA and US Const, Art I, Sec 9

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geekWithA.45

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US Constitution, Article I, section 9 states that:

"No Tax or Duty shall be laid on Articles exported from any State."

And yet, wasn't the 2A end run on NFA Weapons a $200 TAX?

Wasn't the NFA tax held not to be due if the article in question wasn't going to leave the state?

Was this angle ever played out in court?
 
The intent of the article you reference is to prohibit individual states from taxing goods leaving or entering their state (which was a real problem under the Articles of Confederation and why that prohibition is in the US Constitution).

The 1934 NFA is a Federal Tax not a State tax and is permitted. It is similar to Federal Excise tax on phone calls, tires etc.
 
Werewolf:

I can't agree with you at this point.

I went back and reread that section, and it's not explicit, but it certainly does seem that each section of it is a restriction on the FedGov, and not on the States.

My unscholarly interpretation, based on being a native speaker of English, is in {}

http://www.archives.gov/national_archives_experience/constitution_transcript.html

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Section. 9.

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

{Restriction on FedGov, re: importing slaves?}

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

{Restriction on FedGov}

No Bill of Attainder or ex post facto Law shall be passed.

{Restriction on FedGov}

No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.

{Restriction on FedGov}

No Tax or Duty shall be laid on Articles exported from any State.

{Restriction on FedGov}

No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.

{Restriction on FedGov}

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.


{Restriction on FedGov}


No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.

{Restriction on FedGov}
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