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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 restore . . .
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ArtI.S1.1.2 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 House . . .
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ArtI.S1.1.4.2 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 Representatives. . . .
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ArtI.S8.C3.1.1 Foreign Commerce Power
Foreign 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 the Indian Tribes; . . . There . . .
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ArtI.S8.C3.1.2 Commerce Among the Several States
Commerce 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.C3.1.3 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.C3.1.4.1 Dormant Commerce Power: Overview
Dormant Commerce Power: Overview 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.C5.1 Coinage Power
Coinage Power Article I, Section 8, Clause 5: The Congress shall have Power . . . To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; . . . The . . .
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ArtI.S8.C6.1 Counterfeiting Power
Counterfeiting Power 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 States; . . . In its . . .
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ArtI.S8.C7.1.1 Postal Power: Overview
Postal Power: Overview Article I, Section 8, Clause 7: The Congress shall have Power . . . To establish Post Offices and post Roads; . . . Establish The great question raised in the early days with reference . . .
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ArtI.S8.C7.1.2.1 Postal Power: Restrictions on State Power
Postal Power: Restrictions on State Power 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.C10.1.1 Define and Punish Clause: Historical Background
Define and Punish Clause: Historical Background Article I, Section 8, Clause 10: The Congress shall have Power . . . To define and punish Piracies and Felonies committed on the high Seas, and Offences . . .
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ArtI.S8.C10.1.2 Define and Punish Clause: Doctrine and Practice
Define and Punish Clause: Doctrine and Practice Article I, Section 8, Clause 10: The Congress shall have Power . . . To define and punish Piracies and Felonies committed on the high Seas, and Offences . . .
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ArtI.S8.C11.1 Power to Declare War
Power to Declare 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.S9.C5.1 Prohibition on Taxes on Exports
Prohibition on 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 . . .
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ArtI.S9.C6.1 Prohibition on Port Preferences
Prohibition on Port Preferences 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 . . .
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ArtI.S10.C1.1 States Engaging in Foreign Policy
States Engaging in Foreign Policy 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 of Credit; . . .
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ArtI.S10.C1.2.1 States and Coining of Money and Issuing Bills of Credit: Overview
States and Coining of Money and Issuing Bills of Credit: Overview Article I, Section 10, Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; . . .
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ArtI.S10.C1.2.2.1 Limits on Issuing Legal Tender
Limits on Issuing Legal Tender 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 of Credit; . . .
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ArtI.S10.C2.1 Import-Export Clause
Import-Export Clause 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 executing . . .
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ArtIV.S2.C1.1.1 Privileges and Immunity Clause: Historical Background
Privileges and Immunity Clause: Historical Background 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 . . .
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ArtIV.S2.C1.1.2 Privileges and Immunity Clause: Doctrine and Practice
Privileges and Immunity Clause: Doctrine and Practice 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. At . . .
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ArtIV.S3.C1.1.1.1 Admission of and the Rights of New States: Historical Background
Admission of and the Rights of New States: Historical Background 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 . . .
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25. 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 Warrants . . .
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26. Fifth AmendmentAmdt5.5.1.2.2 Property Interests Subject to the Takings ClauseProperty Interests Subject to the Takings Clause 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 . . .
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27. Fifth AmendmentAmdt5.5.1.2.3 Physical TakingsPhysical Takings 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 land . . .
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28. Fifth AmendmentAmdt5.5.1.2.4.1 Regulatory Takings: General DoctrineRegulatory Takings: General Doctrine 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 . . .
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29. Fifth AmendmentAmdt5.5.1.2.4.2 Regulatory Takings: Exceptions to the General DoctrineRegulatory Takings: Exceptions to the General Doctrine 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, . . .
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30. Fifth AmendmentAmdt5.5.1.3.1 Need for a Just CompensationNeed for a Just 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 . . .
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31. Fifth AmendmentAmdt5.5.1.3.2 Calculating Just CompensationCalculating Just 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 . . .
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32. Fifth AmendmentAmdt5.5.1.3.3 Enforcing the Right to CompensationEnforcing the Right to 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 . . .
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33. Tenth AmendmentAmdt10.1 Tenth Amendment: Historical BackgroundTenth Amendment: Historical Background 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 . . .
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34. Tenth AmendmentAmdt10.2.1 Tenth Amendment: Early DoctrineTenth Amendment: Early Doctrine 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 . . .
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35. Tenth AmendmentAmdt10.2.2 Tenth Amendment: Postbellum Case LawTenth Amendment: Postbellum Case Law 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 . . .
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36. Tenth AmendmentAmdt10.2.3 Tenth Amendment: Post-New Deal CourtTenth Amendment: Post-New Deal Court 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 . . .
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37. Tenth AmendmentAmdt10.2.4.1 Tenth Amendment: Commandeering ProhibitionsTenth Amendment: Commandeering Prohibitions 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, . . .
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38. Tenth AmendmentAmdt10.2.4.2 Tenth Amendment: Commerce ClauseTenth Amendment: Commerce Clause 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 . . .
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Amdt14.S1.2.1.1.1 Slaughter-House
Slaughter-House 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.S1.2.1.1.2 Privileges or Immunities Clause: Current Doctrine
Privileges or Immunities Clause: Current Doctrine 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.S1.4.1.3.1.3.1.1 Appropriate Level of Scrutiny: Early Doctrine
Appropriate Level of Scrutiny: Early Doctrine 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.S1.4.1.3.1.3.1.2 Appropriate Level of Scrutiny: Current Doctrine
Appropriate Level of Scrutiny: Current Doctrine 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.S1.4.2.4.1.1.2 Economic Regulations: Taxing Power
Economic Regulations: Taxing Power 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 . . .
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Amdt14.S5.1.1.1 Enforcement Clause: Overview
Enforcement Clause: Overview Fourteenth Amendment, Section 5: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. In the aftermath of the Civil War, . . .
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Amdt18.S3.1 Eighteenth Amendment: Doctrine and Practice
Eighteenth Amendment: Doctrine and Practice Eighteenth Amendment: After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation . . .
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Amdt21.S3.1 Twenty-First Amendment: Doctrine and Practice
Twenty-First Amendment: Doctrine and Practice Twenty-First Amendment: The eighteenth article of amendment to the Constitution of the United States is hereby repealed. The transportation or importation . . .
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