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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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ArtI.S8.C1.1 Taxing Power
Taxing 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.C1.2 Spending Power
Spending 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.C3.1.4.1 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 . . .
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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.C3.1 States and Duty of Tonnage
States and Duty of Tonnage 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 . . .
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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. . . .
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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. . . .
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Amdt1.1.1 The Religion Clauses: Historical Background
The Religion Clauses: Historical Background First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of . . .
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10. First AmendmentAmdt1.2.13.1 Freedom of Association: OverviewFreedom of Association: Overview First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or . . .
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11. Fifth AmendmentAmdt5.4.4.3.1 What Process is "Due" when a Deprivation Occurs: Pre-Modern DoctrineWhat Process is "Due" when a Deprivation Occurs: Pre-Modern Doctrine Fifth Amendment: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or . . .
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12. 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, . . .
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13. 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 . . .
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14. 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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15. 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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16. 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 . . .
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17. 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 . . .
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Amdt11.1.3.2.1 Exceptions to Eleventh Amendment Immunity: Waiver
Exceptions to Eleventh Amendment Immunity: Waiver 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 . . .
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Amdt11.1.3.2.2 Exceptions to Eleventh Amendment Immunity: Abrogation
Exceptions to Eleventh Amendment Immunity: Abrogation 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 . . .
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Amdt11.1.3.2.3 Exceptions to Eleventh Amendment Immunity: Officer Suits
Exceptions to Eleventh Amendment Immunity: Officer Suits Eleventh Amendment: The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or . . .
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Amdt14.S1.4.1.1 Race-Based Classifications: Overview
Race-Based Classifications: Overview 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 . . .
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Amdt14.S1.4.1.2 Race-Based Classifications: Historical Background
Race-Based Classifications: Historical Background Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the . . .
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Amdt14.S1.4.1.3.1.2.2 Segregation in Other Contexts
Segregation in Other Contexts 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 . . .
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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 . . .
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Amdt14.S1.4.1.3.1.4 Facially Neutral Laws Implicating a Racial Minority
Facially Neutral Laws Implicating a Racial Minority Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the . . .
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Amdt14.S1.4.1.4.1 Political Process Doctrine
Political Process 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 States and of the . . .
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Amdt14.S1.4.1.4.2 Peremptory Challenges
Peremptory Challenges 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.S1.4.2.1 Non-Race Based Classifications: Overview
Non-Race Based Classifications: Overview 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.S1.4.2.2.1 Alienage Classification
Alienage Classification 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.S1.4.2.3.1.1.1 Gender Classifications: Doctrine from 1870s to 1960s
Gender Classifications: Doctrine from 1870s to 1960s Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the . . .
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Amdt14.S1.4.2.3.1.1.2 Gender Classifications: Doctrine during 1970s
Gender Classifications: Doctrine during 1970s 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.S1.4.2.3.1.2.1 Gender Classifications: General Approach
Gender Classifications: General Approach 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.S1.4.2.3.1.2.2 Facially Non-Neutral Laws that Benefit Women
Facially Non-Neutral Laws that Benefit Women 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.S1.4.2.4.1.1.1 Economic Regulations: General Approach
Economic Regulations: General Approach 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 . . .
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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.S1.4.2.4.1.2 Sexual Orientation
Sexual Orientation 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.S1.4.2.4.1.3 Wealth
Wealth 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 they . . .
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Amdt14.S1.4.3.1 Equal Protection: Overview
Equal Protection: Overview 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.S1.4.3.3.3.1.1 Dillution of the Right to Vote: General Approach
Dillution of the Right to Vote: General Approach Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the . . .
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Amdt14.S1.4.3.3.3.1.2 Partisan Gerrymandering
Partisan Gerrymandering 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.S1.4.3.3.3.1.3 Inequalities Within a State
Inequalities Within a State 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.S1.4.3.4.1.1 Racial Discrimination in Voting Rights: Doctrine and Practice
Racial Discrimination in Voting Rights: Doctrine and Practice Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are . . .
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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 . . .
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Amdt14.S5.1.1.2.1 Who Congress May Regulate
Who Congress May Regulate Fourteenth Amendment, Section 5: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. In enforcing by appropriate . . .
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Amdt14.S5.1.1.2.2.1 What May Congress Do to Enforce the Fourteenth Amendment: Pre-Modern Doctrine
What May Congress Do to Enforce the Fourteenth Amendment: Pre-Modern Doctrine Fourteenth Amendment, Section 5: The Congress shall have the power to enforce, by appropriate legislation, the provisions . . .
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Amdt14.S5.1.1.2.2.2 What May Congress Do to Enforce the Fourteenth Amendment: Modern Doctrine
What May Congress Do to Enforce the Fourteenth Amendment: Modern Doctrine Fourteenth Amendment, Section 5: The Congress shall have the power to enforce, by appropriate legislation, the provisions of . . .
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Amdt15.S2.1.1.1 Enforcement Clause: Doctrine and Practice
Enforcement Clause: Doctrine and Practice Fifteenth Amendment, Section 2: The Congress shall have the power to enforce this article by appropriate legislation. State Action Like section 1 of the . . .
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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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Amdt24.S2.1 Twenty-Fourth Amendment: Historical Background
Twenty-Fourth Amendment: Historical Background Twenty-Fourth Amendment: The right of citizens of the United States to vote in any primary or other election for President or Vice President, for . . .
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Amdt24.S2.2 Twenty-Fourth Amendment: Doctrine and Practice
Twenty-Fourth Amendment: Doctrine and Practice Twenty-Fourth Amendment: The right of citizens of the United States to vote in any primary or other election for President or Vice President, for . . .
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