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Article IX [Rights granted the Federal Government]
Paragraph 1
The united States, in congress assembled, shall have the sole and exclusive right and power of determining on peace and war, except in the cases mentioned in the sixth Article, of sending and receiving ambassadors; entering into treaties and alliances, provided that no treaty of commerce shall be made, whereby the legislative power of the respective States shall be restrained from imposing such imposts and duties on foreigners, as their own people are subjected to, or from prohibiting the exportation or importation of any species of goods or commodities whatsoever; of establishing rules for de-ciding, in all cases, what captures on land or water shall be legal, and in what manner prizes taken by land or naval forces in the service of the united Sates, shall be divided or appropriated; of granting letters of marque and reprisal in times of peace; appointing courts for the trial of piracies and felonies committed on the high seas; and establishing courts; for receiving and determine-ing finally appeals in all cases of captures; provided that no member of congress shall be appointed a judge of any of the said courts.