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1. IntroductionIntro.2 Introduction to the 2012 Centennial EditionIntroduction to the 2012 Centennial Edition The need for a comprehensive treatise on the Constitution was apparent to Congress from early in the 20th century. In 1911, the Senate Manual (a compilation . . .
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2. IntroductionIntro.3 Historical Note on Formation of the ConstitutionHistorical Note on Formation of the Constitution In June 1774, the Virginia and Massachusetts assemblies independently proposed an intercolonial meeting of delegates from the several colonies to . . .
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ArtI.S1.3 Enumerated, Implied, Resulting, and Inherent Powers
Enumerated, Implied, Resulting, and Inherent Powers Article I, Section 1: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and . . .
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ArtI.S1.4.2 The Nature and Scope of Permissible Delegations
The Nature and Scope of Permissible Delegations Article I, Section 1: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and . . .
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ArtI.S1.4.4.2 Delegations to Private Entities
Delegations to Private Entities Article I, Section 1: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of . . .
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ArtI.S1.5.4.1 Purpose
Purpose Article I, Section 1: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Beginning with the . . .
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ArtI.S8.C1.2.1 Regulation by Taxation
Regulation by Taxation Article I, Section 8, Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and . . .
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ArtI.S8.C1.3.1 Scope of the Power
Scope of the Power Article I, Section 8, Clause 1: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general . . .
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ArtI.S8.C3.1.1 Purposes Served by the Grant
Purposes Served by the Grant Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . .
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ArtI.S8.C3.1.2.1 Commerce
Commerce Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . The etymology of . . .
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ArtI.S8.C3.1.2.2 Among the Several States
Among the Several States Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . . . .
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ArtI.S8.C3.1.2.3 Regulate
Regulate Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . We are now . . .
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ArtI.S8.C3.1.2.4 Necessary and Proper Clause
Necessary and Proper Clause Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . . .
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ArtI.S8.C3.1.2.5 Federalism Limits on Exercise of Commerce Power
Federalism Limits on Exercise of Commerce Power Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with . . .
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ArtI.S8.C3.1.3 Illegal Commerce
Illegal Commerce Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . That . . .
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ArtI.S8.C3.1.4 Interstate Versus Foreign Commerce
Interstate Versus Foreign Commerce Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian . . .
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ArtI.S8.C3.1.5 Instruments of Commerce
Instruments of Commerce Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . . . .
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ArtI.S8.C3.1.6.1 Navigation
Navigation Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . In . . .
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ArtI.S8.C3.1.6.2 Hydroelectric Power; Flood Control
Hydroelectric Power; Flood Control Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian . . .
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ArtI.S8.C3.1.7.2 Federal Regulation of Land Transportation
Federal Regulation of Land Transportation Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the . . .
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ArtI.S8.C3.1.7.4 Federal Protection of Labor in Interstate Rail Transportation
Federal Protection of Labor in Interstate Rail Transportation Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several . . .
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ArtI.S8.C3.1.7.5 Regulation of Other Agents of Carriage and Communications
Regulation of Other Agents of Carriage and Communications Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, . . .
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ArtI.S8.C3.1.8.1 The Sherman Act: Sugar Trust Case
The Sherman Act: Sugar Trust Case Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian . . .
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ArtI.S8.C3.1.8.2 Sherman Act Revived
Sherman Act Revived Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . Four . . .
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ArtI.S8.C3.1.8.3 The Current of Commerce Concept: The Swift Case
The Current of Commerce Concept: The Swift Case Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with . . .
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ArtI.S8.C3.1.8.4 The Danbury Hatters Case
The Danbury Hatters Case Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . . . .
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ArtI.S8.C3.1.8.5 Stockyards and Grain Futures Acts
Stockyards and Grain Futures Acts Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian . . .
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ArtI.S8.C3.1.8.6 Securities and Exchange Commission
Securities and Exchange Commission Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian . . .
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ArtI.S8.C3.1.9 Congressional Regulation of Production and Industrial Relations: Antidepression
Legislation
Congressional Regulation of Production and Industrial Relations: Antidepression Legislation Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign . . .
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ArtI.S8.C3.1.10.1 Foreign Commerce: Jefferson's Embargo
Foreign Commerce: Jeffersons Embargo Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian . . .
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ArtI.S8.C3.1.10.2 Foreign Commerce: Protective Tariffs
Foreign Commerce: Protective Tariffs Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian . . .
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ArtI.S8.C3.1.10.3 Foreign Commerce: Banned Articles
Foreign Commerce: Banned Articles Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian . . .
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ArtI.S8.C3.1.10.4 Interstate Commerce: Power to Prohibit Questioned
Interstate Commerce: Power to Prohibit Questioned Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with . . .
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ArtI.S8.C3.1.10.5 Interstate Commerce: National Prohibitions and State Police Power
Interstate Commerce: National Prohibitions and State Police Power Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several . . .
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ArtI.S8.C3.1.10.6 The Lottery Case
The Lottery Case Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . The . . .
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ArtI.S8.C3.1.10.7 The Darby Case
The Darby Case Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . In . . .
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ArtI.S8.C3.1.11 The Commerce Clause as a Source of National Police Power
The Commerce Clause as a Source of National Police Power Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, . . .
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ArtI.S8.C3.2.1 Doctrinal Background
Doctrinal Background Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . The . . .
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ArtI.S8.C3.2.2 State Taxation and Regulation: The Old Law
State Taxation and Regulation: The Old Law Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the . . .
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ArtI.S8.C3.2.3.1 General Considerations
General Considerations Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . . . .
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ArtI.S8.C3.2.3.2 Taxation
Taxation Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . During the 1940s . . .
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ArtI.S8.C3.2.3.3 Regulation
Regulation Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . The modern . . .
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ArtI.S8.C3.2.4 Foreign Commerce and State Powers
Foreign Commerce and State Powers Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian . . .
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ArtI.S8.C3.3.1 The General Issue: Preemption
The General Issue: Preemption Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . .
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ArtI.S8.C3.4 Commerce with Indian Tribes
Commerce with Indian Tribes Article I, Section 8, Clause 3: The Congress shall have Power . . . To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; . . . . .
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ArtI.S8.C6.1 See Article I, Section 8, Clause 5
See Article I, Section 8, Clause 5 Article I, Section 8, Clause 6: The Congress shall have Power . . . To provide for the Punishment of counterfeiting the Securities and current Coin of the United . . .
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ArtI.S8.C7.1.1 Establish
Establish Article I, Section 8, Clause 7: The Congress shall have Power . . . To establish Post Offices and post Roads; . . . The great question raised in the early days with reference to the postal . . .
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ArtI.S8.C7.1.2 Power to Protect the Mails
Power to Protect the Mails Article I, Section 8, Clause 7: The Congress shall have Power . . . To establish Post Offices and post Roads; . . . The postal powers of Congress embrace all measures . . .
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ArtI.S8.C7.1.5 State Regulations Affecting the Mails
State Regulations Affecting the Mails Article I, Section 8, Clause 7: The Congress shall have Power . . . To establish Post Offices and post Roads; . . . In determining the extent to which state laws . . .
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ArtI.S8.C11.1.2 Declaration of War
Declaration of War Article I, Section 8, Clause 11: The Congress shall have Power . . . To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; . . . . .
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ArtI.S8.C18.1.1 Scope and Operation
Scope and Operation Article I, Section 8, Clause 18: The Congress shall have Power . . . To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all . . .
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ArtI.S8.C18.1.3 Chartering of Banks
Chartering of Banks Article I, Section 8, Clause 18: The Congress shall have Power . . . To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all . . .
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ArtI.S8.C18.1.5 Power to Charter Corporations
Power to Charter Corporations Article I, Section 8, Clause 18: The Congress shall have Power . . . To make all Laws which shall be necessary and proper for carrying into Execution the foregoing . . .
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ArtI.S9.C3.1 Bills of Attainder
Bills of Attainder Article I, Section 9, Clause 3: No Bill of Attainder or ex post facto Law shall be passed. Bills of attainder . . . are such special acts of the legislature, as inflict capital . . .
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ArtI.S9.C5.1 Taxes on Exports
Taxes on Exports Article I, Section 9, Clause 5: No Tax or Duty shall be laid on Articles exported from any State. The prohibition on excise taxes applies only to the imposition of duties on goods by . . .
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ArtI.S9.C6.1 The No Preference Clause
The No Preference Clause Article I, Section 9, Clause 6: No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound . . .
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ArtI.S10.C1.1 Treaties, Alliances, or Confederations
Treaties, Alliances, or Confederations Article I, Section 10, Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills . . .
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ArtI.S10.C1.6.13 Strict Construction and the Police Power
Strict Construction and the Police Power Article I, Section 10, Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills . . .
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ArtI.S10.C2.1.1.2 Privilege Taxes
Privilege Taxes Article I, Section 10, Clause 2: No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for . . .
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ArtI.S10.C2.1.1.4 Inspection Laws
Inspection Laws Article I, Section 10, Clause 2: No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for . . .
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ArtI.S10.C3.3.3 Consent of Congress
Consent of Congress Article I, Section 10, Clause 3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement . . .
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ArtI.S10.C3.3.4 Grants of Franchise to Corporations by Two States
Grants of Franchise to Corporations by Two States Article I, Section 10, Clause 3: No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of . . .
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ArtII.S1.C2.1 Electoral College
Electoral College Article II, Section 1, Clause 2: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and . . .
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ArtII.S2.C1.1.3 The Cold War and After: Presidential Power to Use Troops Overseas Without
Congressional Authorization
The Cold War and After: Presidential Power to Use Troops Overseas Without Congressional Authorization Article II, Section 2, Clause 1: The President shall be Commander in Chief of the Army and Navy of . . .
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ArtII.S2.C2.2 International Agreements Without Senate Approval
International Agreements Without Senate Approval Article II, Section 2, Clause 2: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the . . .
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ArtII.S2.C2.3.4.1 The Myers Case
The Myers Case Article II, Section 2, Clause 2: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he . . .
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ArtII.S2.C2.3.4.2 The Humphrey Case
The Humphrey Case Article II, Section 2, Clause 2: He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he . . .
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68. Article II Section 3ArtII.S3.2.4 Congressional Implementation of Presidential PoliciesCongressional Implementation of Presidential Policies Article II, Section 3: He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration . . .
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69. Article II Section 3ArtII.S3.3.7 Preventive Martial LawPreventive Martial Law Article II, Section 3: He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall . . .
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70. Article II Section 3ArtII.S3.5 Presidential Action in the Domain of Congress: The Steel Seizure CasePresidential Action in the Domain of Congress: The Steel Seizure Case Article II, Section 3: He shall from time to time give to the Congress Information of the State of the Union, and recommend to . . .
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71. Article III Section 1ArtIII.S1.1.1 Organization of Courts, Tenure, and Compensation of Judges: OverviewOrganization of Courts, Tenure, and Compensation of Judges: Overview Article III, Section 1: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts . . .
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72. Article III Section 1ArtIII.S1.3.1.9 Contempt Power in Aid of Administrative PowerContempt Power in Aid of Administrative Power Article III, Section 1: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may . . .
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73. Article III Section 1ArtIII.S1.3.4 Congressional Limitation of the Injunctive PowerCongressional Limitation of the Injunctive Power Article III, Section 1: The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may . . .
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ArtIII.S2.C1.1 Judicial Power and Jurisdiction-Cases and Controversies
Judicial Power and Jurisdiction-Cases and Controversies Article III, Section 2, Clause 1: The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of . . .
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ArtIII.S2.C1.4.1 Cases Arising Under the Constitution, Laws, and Treaties of the United
States
Cases Arising Under the Constitution, Laws, and Treaties of the United States Article III, Section 2, Clause 1: The Judicial Power shall extend to all Cases, in Law and Equity, arising under this . . .
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ArtIII.S2.C1.4.3 Cases of Admiralty and Maritime Jurisdiction
Cases of Admiralty and Maritime Jurisdiction Article III, Section 2, Clause 1: The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United . . .
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ArtIII.S2.C2.2.2 The Theory Reconsidered
The Theory Reconsidered Article III, Section 2, Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be a Party, the supreme Court shall . . .
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ArtIV.S2.C1.1.1 Origin and Purpose
Origin and Purpose Article IV, Section 2, Clause 1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. The primary purpose of this clause, . . .
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ArtIV.S2.C1.1.3 Citizens of Each State
Citizens of Each State Article IV, Section 2, Clause 1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A question much mooted before . . .
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ArtIV.S3.C1.1 Doctrine of Equality of States
Doctrine of Equality of States Article IV, Section 3, Clause 1: New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any . . .
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81. Article VI Clause 2ArtVI.C2.1.3 The Operation of the Supremacy ClauseThe Operation of the Supremacy Clause Article VI, Clause 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be . . .
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82. Article VI Clause 2ArtVI.C2.1.5 Supremacy Clause Versus the Tenth AmendmentSupremacy Clause Versus the Tenth Amendment Article VI, Clause 2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall . . .
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83. Fourth AmendmentAmdt4.2.4.1.1 Seizure of PropertySeizure of Property Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no . . .
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84. Fifth AmendmentAmdt5.4.3 Substantive Due ProcessSubstantive Due Process Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in . . .
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85. Fifth AmendmentAmdt5.5.3 Just CompensationJust Compensation Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the . . .
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86. Fifth AmendmentAmdt5.5.4 When Property is TakenWhen Property is Taken Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in . . .
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87. Sixth AmendmentAmdt6.4 Place of Trial: Jury of the VicinagePlace of Trial: Jury of the Vicinage Sixth Amendment: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district . . .
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88. Tenth AmendmentAmdt10.1.1 Scope and PurposeScope and Purpose Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. The . . .
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89. Tenth AmendmentAmdt10.1.2.2 Federal Police PowerFederal Police Power Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. . . .
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90. Tenth AmendmentAmdt10.1.2.3 Federal Regulations Affecting State Activities and InstrumentalitiesFederal Regulations Affecting State Activities and Instrumentalities Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are . . .
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Amdt11.1.3 Suits Against States
Suits Against States Eleventh Amendment: The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States . . .
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Amdt13.S1.1.1 Origin and Purpose
Origin and Purpose Thirteenth Amendment, Section 1: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the . . .
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Amdt14.S1.3 Privileges or Immunities
Privileges or Immunities Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the . . .
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Amdt14.S1.4.6.3 Compellable Services
Compellable Services Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State . . .
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Amdt14.S1.4.7.1 Generally
Generally Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein . . .
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Amdt14.S1.4.8.1 Oil and Gas
Oil and Gas Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein . . .
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Amdt14.S1.4.8.2 Protection of Property and Agricultural Crops
Protection of Property and Agricultural Crops Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United . . .
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Amdt14.S1.4.8.3 Water, Fish, and Game
Water, Fish, and Game Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State . . .
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Amdt14.S1.4.14.1 Generally
Generally Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein . . .
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Amdt14.S1.4.14.4 Intangible Personalty
Intangible Personalty Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State . . .
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