Written by attorneys · grounded in primary & secondary sources — see below
A hereditary rank or title conferring social or political preeminence, typically granted by a sovereign or inherited through bloodline.
Sources & Authorities
How it applies
Common Examples
6
State Legislature Attempts Title Grant
Natalie Norris persuades her state legislature to pass a bill naming her Duchess of the Northern Counties in recognition of her family estate. The governor signs the measure into law and issues formal letters patent. A federal court later voids the enactment because the state action directly contravenes the constitutional bar on titles of nobility.
Federal Officeholder Accepts Foreign Honor
Nyah Ndlovu, a sitting U.S. ambassador, receives a knighthood from a European monarch for diplomatic service. Congress has not given consent. The State Department orders her to decline the title, citing the constitutional prohibition that bars federal officers from accepting foreign titles of nobility without legislative approval.
Select any source to read its text and confirm it supports the definition.
Dictionaries
Minority Set-Aside Program Challenged
Neil Nair, a non-minority contractor, sues to enjoin a federal grant program that reserves construction funds for businesses owned by members of designated racial groups. He argues the classification creates hereditary privilege akin to nobility. The reviewing court rejects the claim, explaining that the program rests on congressional findings of past discrimination rather than birth-based rank.
Fullilove v. Klutznick448 U.S. 448, 496 (1980)
Coal Company Attacks Subsidence Statute
Northstar Logistics, a coal operator, contends that a state law requiring support for surface structures impairs its contractual rights and amounts to an impermissible grant of special status. The court notes that the statute applies uniformly and does not confer hereditary titles or noble rank on any class of landowners.
Keystone Bituminous Coal Association v. DeBenedictis480 U.S. 470 (1987)
Mining Firm Renews Contracts Clause Claim
Nightingale Healthcare, which owns subsurface mineral rights, asserts that enforcement of a new support regulation violates the prohibition on laws impairing contract obligations. The opinion emphasizes that the nobility clause within the same constitutional sentence targets only formal hereditary titles, not ordinary regulatory adjustments to property use.
Keystone Bituminous Coal Assn. v. DeBenedictis480 U.S. 491, 491-492 (1987)
Lapsed Mineral Interest Statute Reviewed
Natasha Nielsen, heir to severed mineral rights, challenges an Indiana statute that automatically lapses unused interests after twenty years. She claims the law creates an unconstitutional preference resembling a title of nobility. The court holds that the uniform statutory mechanism does not grant hereditary rank or status to any person or class.
Texaco, Inc. v. Short454 U.S. 516, 534 (1982)
Common questions
Frequently Asked
4
What does the Constitution prohibit regarding titles of nobility?+
Both Article I, Section 9 and Article I, Section 10 forbid the United States and the states from granting any title of nobility. The clauses prevent creation of an aristocratic class through official hereditary rank or status.
Supporting sources
Does a statute increasing criminal penalties for certain goods implicate the titles of nobility clause?+
No. The prohibition targets only formal hereditary ranks or titles such as duke or earl. A law that merely changes sentencing ranges for trafficking offenses does not create or confer noble status on any person or group.
Supporting sources
May a federal officeholder accept a foreign knighthood without congressional consent?+
No. Article I, Section 9 bars any person holding an office of profit or trust from accepting a title from a foreign state absent congressional approval. The restriction prevents divided loyalty and the appearance of aristocratic privilege.
Supporting sources
Does the nobility clause limit state power to enact contracts-impairing legislation?+
The clause appears in the same sentence as the Contracts Clause but operates independently. It forbids only the grant of hereditary titles and does not supply the standard for evaluating contract-impairment claims.
Supporting sources
463 U.S. 277, 103 S. Ct. 3001, 77 L. Ed. 2d 637 (1983)Criminal Law
…. . . ." F. Maitland, Pleas of the Crown for the County of Gloucester xxxiv (1884). Chapter 21 granted the same rights to the nobility, and chapter 22 granted the same rights to the clergy. [^maj-10]: The Eighth Amendment was based directly on Art. I, § 9, of the Virginia Declaration of Rights (1776), authored by George…