Introduction to the 2012 edition
Historical note on formation of the Constitution
Constitution Of The United States of America: Literal Print
Amendments Of The Constitution Of The United States Of America
Proposed Amendments Not Ratified By The States
Constitution Of The United States of America: With Analysis
Purpose and effect of the Preamble
Article 1: Legislative Department:
Section 1: Legislative Powers:
Separation of Powers and Checks and Balances
Theory Elaborated and implemented
Enumerated, Implied, Resulting, and Inherent Powers
Delegation of Legislative Power:
History of the Doctrine of Nondelegability
Nature and Scope of Permissible Delegations
Delegations to the President in Areas of Shared Authority
Delegations to States and to Private Entities
Particular Subjects or Concerns: Closer Scrutiny or Uniform Standard?
Congressional Investigations
Source of the Power to Investigate
Investigations of Conduct of Executive Department
Investigations of Members of Congress
Investigations in Aid of Legislation
Sanctions of the Investigatory Power: Contempt
Section 2: House Of Representatives:
Clause 1: Congressional Districting
Clause 2: Qualifications of Members of Congress
When the Qualifications must be Possessed
Exclusivity of Constitutional Qualifications
Clause 3: Apportionment of Seats in the House
Clause 5: Officers and Power of Impeachment
Clauses 1 and 2: Composition and Election
Clauses 3-5: Qualifications, Vice President, Officers
Clauses 6- 7: Trial and Judgments on impeachment
Clause 1: Congressional Power to Regulate
Legislation protecting Electoral Process
Clause 2: Time of Assembling
Section 5: Powers And Duties Of The Houses:
Clauses 1-4: Judging Elections, Quorum, Rules, Discipline, Journal, Adjournment
Powers and Duties of the Houses
Section 6: Rights And Disabilities Of Members:
Clause 1: Compensation and Immunities of Members
Privilege of Speech or Debate
Clause 2: Disabilities of Members
Appointment to Executive Office
Section 7: Legislative Process:
Clause 1-3: Legislative Process
Approval by the President
Presentation of Resolutions
Section 8: Powers Of Congress:
Clause 1: Power to Tax And Spend
Spending For the General Welfare
Social Security Act Cases
Conditional Grants-in-Aid
Debts of the United States
Clause 2: Borrowing Power
Clause 3: Power to Regulate Commerce
Purposes Served by the Grant
Interstate Versus Foreign Commerce
Congressional Regulation of Waterways
Congressional Regulation of Land Transportation
Congressional Regulation of Commerce as Traffic
Congressional Regulation of Production and Industrial Relations: Antidepression Legislation
Acts of Congress Prohibiting Commerce
Commerce Clause as a Source of National Police Power
Commerce Clause As a Restraint On State Powers
State Taxation and Regulation: The Old Law
State Taxation and Regulation: The Modern Law
Foreign Commerce and State Powers
Concurrent Federal and State Jurisdiction
Commerce With Indian Tribes
Clause 4: Naturalization and Bankruptcies
Naturalization and Citizenship
Fiscal and Monetary Powers of Congress
Clause 8: Copyrights and Patents
Origins and Scope of the Power
atentable Discoveries -- Procedure in Issuing Patents -- Nature and Scope of the Right Secured for Copyright -- Power of Congress Over Patents and Copyrights -- Copyright and the First Amendment -- State Power Affecting Patents and Copyrights -- Trade-Marks and Advertisements -- Clause 9: Creation of Courts -- In General -- Clause 10: Maritime Crimes -- Piracies, Felonies, and Offenses Against the Law of Nations -- Clauses 11-14: War Power -- Source and Scope -- Declaration of War -- Power to Raise and Maintain Armed Forces -- War Legislation -- Constitutional Rights In Wartime -- Clauses 15 and 16: Militia -- Militia Clauses -- Clause 17: District of Columbia; Federal Property -- Seat of the Government -- Authority Over Places Purchased -- Duration of Federal Jurisdiction -- Reservation of Jurisdiction by States -- Clause 18: Necessary and Proper Clause -- Scope and Operation -- Definition of Punishment and Crimes -- Chartering of Banks -- Currency Regulations -- Power to Charter Corporations -- Courts and Judicial Proceedings -- Special Acts Concerning Claims -- Maritime Law -- Section 9: Powers Denied To Congress: -- Clause 1: Importation of Slaves -- In General -- Clause 2: Habeas Corpus Suspension-- In General -- Clause 3: Bills of Attainder and Ex Post Facto Laws -- Bills of Attainder -- Ex Post Facto Laws -- Clause 4: Taxes -- Direct Taxes -- Clause 5: Duties on exports from States -- Taxes On Exports -- Clause 6: Preference to Ports -- No Preference Clause -- Clause 7: Appropriations and Accounting of Public Money -- Appropriations -- Payment of Claims -- Clause 8: Titles of Nobility; Presents -- In General -- Section 10: Powers Denied To The States: -- Clause 1: Treaties, Coining Money, Impairing Contracts, Etc -- Clause 2: Duties on Exports and Imports -- Duties On Exports or Imports -- Clause 3: Tonnage Duties, Keeping Troops, Making Compacts, War -- Tonnage Duties -- Keeping Troops -- Interstate Compacts -- Background of Clause -- Subject Matter of Interstate Compacts -- Consent of Congress -- Grants of Franchise to Corporations by Two States -- Legal Effect of Interstate Compacts -- Article 2: Executive Department: -- Section 1: President: -- Clause 1: Powers and Term of the President -- Nature and Scope of Presidential Power -- Tenure -- Clauses 2-4: Election -- Electoral College -- Clause 5: Qualifications -- Clause 6: Presidential Succession -- Clause 7: Compensation and Emoluments -- Clause 8: Oath of Office -- Section 2: Powers And Duties Of The President: -- Clause 1: Commander-in-Chiefship; Presidential Advisers; Pardons -- Commander-In-Chief -- Martial Law and Constitutional Limitations -- Presidential Advisers -- Pardons and Reprieves -- Clause 2: Treaties and Appointment of Officers -- Treaty-Making Power -- Treaties as Law of the Land -- Constitutional Limitations of the treaty Power -- Interpretation and Termination of Treaties as International compacts -- Indian Treaties -- International Agreements Without Senate Approval -- Executive Establishment -- Appointments and Congressional Regulation of Offices -- Stages of Appointment Process -- Removal Power -- Presidential Aegis: Demands for Papers -- Clause 3: Vacancies during Recess of Senate -- Recess Appointments -- Section 3: Legislative, Diplomatic, and Law Enforcement Duties Of The President -- Legislative Role of the President -- Conduct of Foreign Relations -- President As Law Enforcer -- Protection of American Rights of Person and Property Abroad -- President Action In the Domain of Congress: the Steel Seizure Case -- Presidential Immunity From Judicial Direction -- Commissioning Officers -- Section 4: Impeachment: -- Impeachment --
Article 3: Judicial Department:
Section 1: Judicial Power, Courts, Judges:
Organization of Courts, Tenure, and Compensation of Judges
Courts of Specialized Jurisdiction
Noncourt Entities in the Judicial Branch
Characteristics and Attributes of Judicial Power
Finality of Judgment as an Attribute of Judicial Power
Judicial Immunity from Suit
Ancillary Powers of Federal Courts
Sanctions Other Than Contempt
Power to Issue Writs: The Act of 1789
Congressional Limitation of the Injunctive Power
Rule-Making Power and Powers Over Process
Appointment of Referees, Masters, and Special Aids
Power to Admit and Disbar Attorneys
Sections 2: Judicial Power And Jurisdiction:
Clause 1: Cases and Controversies; Grants of Jurisdiction
Judicial Power and Jurisdiction-Cases and Controversies
Jurisdiction of Supreme Court and Inferior Federal Courts
Suits Affecting Ambassadors, Other Public Ministers, and Consuls
Cases of Admiralty and Maritime Jurisdiction
Cases to Which the United States Is A Party
Suits Between Two or More States
Controversies Between a State and Citizens of Another State
Controversies Between Citizens of Different States
Controversies Between Citizens of the Same State Claiming Land Under Grants of Different States
Controversies Between a State, or the Citizens Thereof, and Foreign States, Citizens, or Subjects
Clause 2: Original And Appellate Jurisdiction
Original jurisdiction of the Supreme Court
Power of Congress to Control the Federal Courts
Federal-State Court Relations
Clause 1: Definition and Limitations
Corruption of the Blood and Forfeiture
Article 4: States' Relations:
Section 1: Full Faith And Credit:
Sources and effect of Full Faith and Credit
Private International Law
Judgments: effect to be given in Forum State
Jurisdiction: A Prerequisite to Enforcement of Judgments
Divorce Decrees: Domicile as the Jurisdictional Prerequisite
Penal Judgments: Types Entitled to Recognition
Fraud as a Defense to suits on Foreign Judgments
Recognition of Rights Based Upon Constitutions, Statutes, Common Law
Development of the Modern Rule
Full Faith and Credit: Miscellany
Scope of Powers of Congress Under Provision
Judgments of Foreign States
Section 2: Interstate Comity:
Clause 1: State Citizenship: Privileges and Immunities
All Privileges and Immunities of Citizens in the Several States
Discrimination in Private Rights
Clause 2: Interstate Rendition
Duty to Surrender Fugitives From Justice
Fugitive From Justice Defined
Trial of Fugitives After Removal
Clause 3: Fugitives from Labor
Section 3: Admission Of New States ; Property Of United States:
Clause 1: Admission of New Stats to Union
Doctrine of the Equality of States
Clause 2: Property of the United States
Property and Territory: Powers of Congress
Section 4: Obligations Of United States To States:
Guarantee of Republican Form of Government
Article 5: Mode Of Amendment:
Amendment of the Constitution
Scope of the Amending Power
Proposing a Constitutional Amendment
Authentication and Proclamation
Judicial Review Under Article 5
Article 6: Prior Debts, National Supremacy, Oaths Of Office:
Clause 1: Validity of Prior Debts and engagements
Clause 2: Supremacy of the Constitution, Laws and Treaties
on of the National Supremacy Clause
Task of the Supreme Court Under the Clause: Preemption
Operation of the Supremacy Clause
Obligation of State Courts Under the Supremacy Clause
Supremacy Clause Versus the Tenth Amendment
Federal Instrumentalities and Personnel and State Police Power
Doctrine of Federal Exemption From State Taxation
Power of Congress in Respect to Oaths
National Duties of State Officers
Amendments To The Constitution
First through Tenth Amendments:
Bill of Rights and the States
First Amendment: Religion And Expression:
First Amendment: Religion And Expression:
Court tests applied to Legislation Affecting Religion
Government Neutrality in Religious Disputes
Establishment of Religion:
Financial Assistance to Church-Related Institutions
Governmental Encouragement of Religion in Public Schools: Released Time
Governmental Encouragement of Religion in Public Schools: Prayers and Bible Reading
Governmental Encouragement of Religion in Public Schools: Curriculum Restriction
Access of Religious Groups to School Property
Tax Exemptions of Religious Property
Exemption of Religious Organizations from Generally Applicable Laws
Regulation of Religious Solicitation
Religion in Governmental Observances
Religious Displays on Government Property
Free Exercise of Religion:
Belief-Conduct Distraction
Jehovah's Witnesses Cases
Free Exercise Exemption from General Governmental Requirements
Religious Disqualification
Freedom of Expression-Speech and Press:
Adoption and Common Law Background
Freedom of Expression: The Philosophical Basis
Freedom of Expression: Is There a Difference Between Speech and Press?
Doctrine of Prior Restraint:
Injunctions and the Press in Fair Trial Cases
Obscenity and Prior Restraint
Subsequent Punishment: Clear and Present Danger and Other Tests:
Adoption of Clear and Present Danger
Contempt of Court and Clear and Present Danger
Clear and Present Danger Revised: Dennis
Absolutist View of the First Amendment, With a Note on "Preferred Position"
Modern Tests and Standards: Vagueness, Overbreadth, Strict Scrutiny, Intermediate Scrutiny, and Effectiveness of Speech Restrictions
Flag Salute and Other Compelled Speech
Imposition of Consequences for Holding Certain Beliefs
Conflict Between Organization and Members
Maintenance of National Security and the First Amendment:
Compelled Registration of Communist Party
Punishment for Membership in an organization That Engages in Proscribed Advocacy
Disabilities Attaching to Membership in Proscribed Organizations
Employment Restriction and Loyalty Oaths
Legislative Investigations and the First Amendment
Interference With War Effort
Suppression of Communist Propaganda in the Mails
Exclusion of Certain Aliens as a First Amendment Problem
Material Support of Terrorist Organizations
Particular Government Regulations that Restrict Expression
Government as Employer: Political and Other Outside Activities
Government as Employer: Free Expression Generally
Government as Regulator of the Electoral Process: Elections and Referendums
Government as Regulator of the Electoral Process: Lobbying
Government as Regulator of Labor Relations
Government as Investigator: Reporter's Privilege
Government and the Conduct of Trials
-- Government as Administrator of Prisons -- Government and Power of the Purse -- Governmental Regulation of Communications Industries -- Commercial Speech -- Taxation -- Labor Relations -- Antitrust Laws -- Broadcast Radio and Television -- Governmentally Compelled Right of Reply to Newspapers -- Cable Television -- Government Restraint of Content of Expression -- Seditious Speech and Seditious Libel -- Fighting Words and Other Threats to the Peace -- Threats of Violence Against Individuals -- Group Libel, Hate Speech -- Defamation -- False Statements -- Invasion of Privacy -- Emotional Distress Tort Actions -- Right of Publicity Tort Actions -- Publication of Legally Confidential Information -- Obscenity -- Child Pornography -- Non-obscene But Sexually Explicit and Indecent Expression -- Speech Plus: Constitutional Law of Leafleting, Picketing, and Demonstrating -- Public Forum -- Quasi-Public Places -- Picketing and Boycotts by Labor Unions -- Public Issue Picketing and Parading -- Leafleting, Handbilling, and the Like -- Sound Trucks, Noise -- Door-to-Door Solicitation and Charitable Solicitation -- Problem of Symbolic Speech -- Rights of Assembly and Petition -- Background and Development -- Cruikshank Case -- Hague Case --
Second Amendment: Bearing Arms:
Third Amendment: Quartering Soldiers
Fourth Amendment: Search And Seizure:
History and Scope of the Amendment
Arrests and Other Detentions
Searches and Inspections in Noncriminal Cases
Searches and Seizure pursuant to warrant
Issuance by Neutral Magistrate
First Amendment Bearing on Probable Cause and Particularity
Property Subject to Seizure
Valid Searches And Seizures Without Warrants
Detention Short of Arrest: Stop and Frisk
Search Incident to Arrest
Prisons and Regulation of Probation and Parole
Electronic Surveillance and the Fourth Amendment
Federal Communications Act
Nontelephonic Electronic Surveillance
Warrantless "National Security" Electronic Surveillance
Enforcing the fourth Amendment: The Exclusionary Rule
Alternatives to the Exclusionary Rule
Development of the Exclusionary Rule
Foundations of the Exclusionary Rule
Narrowing Application of the Exclusionary Rule
Operation of the Rule: Standing
Fifth Amendment: Rights Of Persons:
Reprosecution Following Mistrial
Reprosecution Following Acquittal
Acquittal by the Trial Judge
Trial Court Rulings Terminating Trial Before Verdict
Reprosecution Following Conviction
Reprosecution After Reversal on Defendant's Appeal
Legislative Discretion as to Multiple Sentences
Successive Prosecutions for the same Offense
Power to Compel Testimony and Disclosure
Required Records Doctrine
Confessions: Police Interrogation, Due Process, and Self-Incrimination
State Confession Cases Before Miranda
From the Voluntariness Standard to Miranda
Operation of the Exclusionary Rule
Procedure in the Trial Courts
Administrative Proceedings: A Fair Hearing
Aliens: Entry and Deportation
Judicial Review of Administrative or Military Proceedings
Congressional Police Measures
Congressional Regulation of Public Utilities
Congressional Regulations of Railroads
Deprivation of property: Retroactive Legislation
Right to Sue the Government
Congressional Power to Abolish Common Law Judicial Actions
Deprivation of Liberty: Economic Legislation
National Eminent Domain Power
Rights for Which Compensation Must Be Made
Enforcement of Right to Compensation
Government Activity Not Directed at the Property
Sixth Amendment: Rights Of Accused In Criminal Prosecutions:
Right to a Speedy and Public Trial
Right to Trial by Impartial Jury
Attributes and Function of the Jury
When the Jury trial Guarantee Applies
Place of Trial: Jury of the Vicinage
Absolute Right to Counsel
at Trial -- Historical Practice -- Development of Right -- Limits on the Right to Retained Counsel -- Effective Assistance of Counsel -- Self-Representation -- Right to Assistance of Counsel in Nontrial Situations -- Judicial Proceedings Before Trial -- Custodial Interrogation -- Lineups and Other Identification Situations -- Post-Conviction Proceedings -- Noncriminal and Investigatory Proceedings -- Seventh Amendment: Civil Trials -- Trial by Jury in Civil Cases -- Right and the Characteristics of the Civil Jury -- History -- Composition and Functions of Civil Jury -- Courts in Which the Guarantee Applies -- Waiver of the Right -- Application of the Amendment -- Cases "at Common Law" -- Continuing Law-Equity distinction -- Procedures Limiting Jury's Role -- Directed Verdicts -- Jury Trial Under the Federal Employer's Liability Act -- Appeals from State Courts to the Supreme Court -- Eighth Amendment: Further Guarantees In Criminal Cases: -- Excessive Bail -- Excessive Fines -- Cruel and unusual Punishments -- Style of Interpretation -- Application and Scope -- Capital Punishment -- General Validity and Guiding Principles -- Implementation of Procedural Requirements -- Limitations on Capital Punishment: Proportionality -- Limitations on capital Punishment: Diminished Capacity -- Limitations on Capital Punishment: Equality of Application -- Limitations on Habeas Corpus Review of Capital Sentences -- Proportionality -- Prisons and Punishment -- Limitation of the Clause to Criminal Punishments -- Ninth Amendment: Unenumerated Rights: -- Tenth Amendment: Reserved Powers: -- Reserved Powers: -- Scope and Purpose -- Effect of Provision on Federal Powers -- Federal Taxing Power -- Federal Police Power -- Federal Regulations Affecting State Activities and Instrumentalities -- Eleventh Amendment: Suits Against States: -- State Immunity: -- Purpose and Early Interpretation -- Expansion of the Immunity of the States -- Nature of the States' Immunity -- Suits Against States -- Consent to Suit and Waiver -- Congressional Withdrawal of Immunity -- Suits Against State Officials -- Tort Actions Against State Officials -- Twelfth Amendment: Election Of President: --
Thirteenth Amendment: Slavery And Involuntary Servitude:
Situations in Which the Amendment Is Inapplicable
Fourteenth Amendment: Rights Guaranteed: Privileges And Immunities Of Citizenship, Due Process, And Equal Protection:
Section 1: Rights Guaranteed
Fourteenth Amendment and States' Rights
Citizens of the United States
Rise and Fall of Economic Substantive Due Process: Overview
Regulation of Labor Conditions
Regulation of Business Enterprises: Price Controls
Regulation of Public Utilities and Common Carriers
Regulation of Businesses, Corporations, Professions, and Trades
Protection of State Resources
Ownership of Real Property: Rights and Limitations
Health, Safety, and Morals
Vested and Remedial Rights
State Control over Local Units of Government
Fundamental Rights (Noneconomic Substantive Due Process)
Procedural Due Process: Civil
Procedure Which Is Due Process
Power of the States to Regulate Procedure
Procedural Due Process: Criminal
Equal Protection of the Laws
Traditional Equal Protection: Economic Regulation and Related exercises of the Police Powers
Other Business and Employment Relations
Equal Protection and Race
Other Areas of Discrimination
Affirmative Action: Remedial Use of Racial Classifications
Classifications Meriting Close Scrutiny
Fundamental Interests: The Political Process
Marriage and Familial Relations
Poverty and Fundamental Interests: The Intersection of Due Process and Equal Protection
Section 2: Apportionment of Representation
Apportionment of Representation
Sections 3 and 4: Disqualification and Public Debt
Congressional Definition of Fourteenth Amendment Rights
Fifteenth Amendment: Rights Of Citizens To Vote:
Abolition of Suffrage Qualifications on Basis of Race
Adoption and judicial enforcement
Judicial View of the Amendment
Congressional Enforcement
Federal Remedial Legislation
Sixteenth Amendment: Income Tax:
History and Purpose of the Amendment
Income Subject to Taxation
History and Purpose of the Amendment
Income Subject to Taxation
Corporate Dividends: When Taxable
Corporate Earnings: When Taxable
Income from Illicit Transactions
Deductions and exemptions
Seventeenth Amendment: Popular Election Of Senators:
Eighteenth Amendment: Prohibition Of Intoxicating Liquors
Nineteenth Amendment: Women's Suffrage Rights
Twentieth Amendment: Terms Of President, Vice President, Members Of Congress: Presidential Vacancy
Twenty-First Amendment: Repeal Of Eighteenth Amendment:
Repeal of Eighteenth Amendment
Scope of Regulatory Power conferred upon the States
Discrimination between Domestic and Imported Products
Regulation of Transportation and "Through" Shipments
Regulation of Imports Destined for a Federal Area
Foreign Imports, Exports; Taxation, Regulation
Effect of Section 2 upon Other Constitutional Provisions
Effect on Federal Regulation
Twenty-Second Amendment: Presidential Tenure
Twenty-Third Amendment: Presidential Electors For The District Of Columbia
Twenty-Fourth Amendment: Abolition Of The Poll Tax Qualification In Federal Elections
Twenty-Fifth Amendment: Presidential Vacancy, Disability, And Inability
Twenty-Sixth Amendment: Reduction Of Voting Age Qualification
Twenty-Seventh Amendment: Congressional Pay Limitation
Acts Of Congress Held Unconstitutional In Whole Or In Part By The Supreme Court Of The United States
State Constitutional And Statutory Provisions And Municipal Ordinances Held Unconstitutional Or Held To Be Prempted By Federal Law
Supreme Court Decisions Overruled By Subsequent Decision