No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal In addition to granting the government powers to regulate trade and raise revenue that it either lacked or could not enforce under the Articles of Confederation, the Framers intended the Constitution to centralize much, if not all, power over foreign affairs.

Many of the federal government's enumerated powers relate to foreign affairs and have corresponding restrictions on states in Article I, Section Article VI of the Articles of Confederation had permitted the states to conclude treaties with foreign governments with the consent of Congress.

States could also grant letters of marque and reprisal after Congress had declared war. While some of Article I, Section 10's proscriptions, like the ability to levy tonnage duties or enter into "compacts or agreements," may be permitted by Congress, others, like the prohibitions described here, are absolute.

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Treaties, as well as alliances and confederations, are formal, binding agreements between nations that are the subjects of international law. In the late eighteenth century, governments issued letters of marque and reprisal to authorize private ships to attack certain foreign shipping and gain booty for their efforts.

Issuing them was regarded as an act of war. In The Federalist No. The courts have had little occasion to deal with the clause, though in Holmes v.

Jennison , Justice Roger B. Taney, writing for himself and three other Justices, commented that the clause "positively and unconditionally" forbade states from entering into treaties, and that "even the consent of Congress could not authorize" them to do so. He also distinguished formal "treaties," which were expressly forbidden to states, from "agreements" and "compacts" that Congress could authorize.

The Heritage Guide to The Constitution. Further Reading Louis Henkin, Foreign Affairs and the U.

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Case Law Holmes v. Related Essays Marque and Reprisal Compact Clause Treaty Clause.

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Ratification Amendments 1 Freedom of Religion, Speech, Press, Assembly, and Petition 2 Right to Bear Arms 3 Quartering of Troops 4 Searches and Seizures 5 Grand Juries, Double Jeopardy,