Summary—Powers denied to states
States are denied certain powers under the
Articles of Confederation. States may not
send ambassadors to foreign countries, receive
foreign ambassadors, or make any kind of
arrangement, meeting or treaty with any king,
prince or state. No person or state may accept any
gift, including titles of nobility, from a foreign
state. Neither Congress nor any state can give
people noble titles.
A state may not enter into any treaties or
alliances with another state without the approval
of Congress.
A state may not make imposts on trade that will
interfere with the terms of foreign treaties made
by Congress.
A state cannot maintain any warships, or other
military forces (troops) during peacetime unless
Congress has determined it necessary to defend that
state, its trade or forts in that state. Each state
must maintain a "well-regulated and disciplined"
militia, and a sufficient amount of supplies for
that militia.
A state does not have the power to make war without
the permission of Congress, unless it is forced to
defend itself against a surprise attack and cannot
wait for the permission of Congress.
Commentary
While the focus of Article 6 is on the limitations
of state power, it also reflects certain historical
realities that faced the young nation, and
addresses the threats, both internal and external,
that the nation was vulnerable to in its early years.
