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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.S4.C1.1 Regulation by Congress
Regulation by Congress Article I, Section 4, Clause 1: The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; . . .
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ArtI.S8.C1.1.1 Kinds of Taxes Permitted
Kinds of Taxes Permitted 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.C3.1.2.3 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.C3.1.11 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.C3.2.3.2 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.C4.1.3 The Naturalization of Aliens
The Naturalization of Aliens Article I, Section 8, Clause 4: The Congress shall have Power . . . To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies . . .
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ArtI.S8.C4.1.4 Rights of Naturalized Persons
Rights of Naturalized Persons Article I, Section 8, Clause 4: The Congress shall have Power . . . To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies . . .
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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.C3.1 Tonnage Duties
Tonnage Duties 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 or . . .
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16. Article III Section 1ArtIII.S1.3.1.3 An Inherent PowerAn Inherent 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 from time to time ordain and . . .
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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.C2.3.2.2 Use of State Courts in Enforcement of Federal Law
Use of State Courts in Enforcement of Federal Law 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, . . .
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ArtIII.S2.C2.3.3 Conflicts of Jurisdiction: Rules of Accommodation
Conflicts of Jurisdiction: Rules of Accommodation 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, . . .
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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.C1.1.4 All Privileges and Immunities of Citizens in the Several States
All Privileges and Immunities of Citizens in the Several States Article IV, Section 2, Clause 1: The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the . . .
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ArtIV.S2.C1.1.5 Discrimination in Private Rights
Discrimination in Private Rights 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. Not only has judicial . . .
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ArtIV.S2.C1.1.7 Taxation
Taxation 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. In the exercise of its taxing power, a state . . .
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24. Article VI Clause 2ArtVI.C2.1.7.5 Ad Valorem Taxes Under the DoctrineAd Valorem Taxes Under the Doctrine 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 made, . . .
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25. First AmendmentAmdt1.1.1 An OverviewAn 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 of the press; or the . . .
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26. First AmendmentAmdt1.1.2 Establishment of ReligionEstablishment of Religion 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 of the . . .
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27. First AmendmentAmdt1.1.3 Free Exercise of ReligionFree Exercise of Religion 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 of the . . .
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28. First AmendmentAmdt1.2.7 Right of AssociationRight of Association 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 of the press; . . .
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29. First AmendmentAmdt1.2.10 Particular Governmental Regulations that Restrict ExpressionParticular Governmental Regulations that Restrict Expression First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging . . .
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30. First AmendmentAmdt1.2.11 Governmental Regulation of Communications IndustriesGovernmental Regulation of Communications Industries First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the . . .
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31. First AmendmentAmdt1.2.13 Government Restraint of Content of ExpressionGovernment Restraint of Content of Expression 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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32. First AmendmentAmdt1.2.14 Speech Plus – The Constitutional Law of Leafleting, Picketing, and DemonstratingSpeech Plus – The Constitutional Law of Leafleting, Picketing, and Demonstrating First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise . . .
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33. Fifth AmendmentAmdt5.4.2 Procedural Due ProcessProcedural 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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34. 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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Amdt7.1.2.1 Cases at Common Law
Cases at Common Law Seventh Amendment: In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, . . .
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36. Eighth AmendmentAmdt8.3 Cruel and Unusual PunishmentsCruel and Unusual Punishments Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. During congressional consideration of . . .
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37. 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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Amdt11.1.4 Suits Against State Officials
Suits Against State Officials 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 . . .
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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.S1.1 The Fourteenth Amendment and States' Rights
The Fourteenth Amendment and States Rights 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.S1.4.4.2 Laws Regulating Working Conditions and Wages
Laws Regulating Working Conditions and Wages 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.S1.4.4.4 Collective Bargaining
Collective Bargaining 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.S1.4.15.6 Sufficiency of Remedy
Sufficiency of Remedy 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.S1.4.17 Fundamental Rights (Noneconomic Substantive Due Process)
Fundamental Rights (Noneconomic Substantive Due Process) Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of . . .
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Amdt14.S1.5.2.2 The Property Interest
The Property Interest 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.S1.7.1.1 State Action
State Action 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.S1.7.1.2 Person
Person 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.S1.7.2 Equal Protection: Judging Classifications by Law
Equal Protection: Judging Classifications by Law 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.S1.7.3 Testing Facially Neutral Classifications Which Impact on Minorities
Testing Facially Neutral Classifications Which Impact on Minorities 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.S1.8.1 Taxation
Taxation 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.S1.8.2.1 Classification
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 State . . .
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Amdt14.S1.8.3.1 Labor Relations
Labor Relations 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.S1.8.3.2 Monopolies and Unfair Trade Practices
Monopolies and Unfair Trade Practices 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.S1.9.1 Overview
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 State wherein they . . .
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Amdt14.S1.9.2.4 Implementation of School Desegregation
Implementation of School Desegregation 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.S1.9.2.5 Northern Schools: Inter- and Intradistrict Desegregation
Northern Schools: Inter- and Intradistrict Desegregation Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of . . .
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Amdt14.S1.9.2.6 Efforts to Curb Busing and Other Desegregation Remedies
Efforts to Curb Busing and Other Desegregation Remedies Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of . . .
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Amdt14.S1.9.2.7 Termination of Court Supervision
Termination of Court Supervision 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.S1.9.3 Juries
Juries 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.S1.9.4 Capital Punishment
Capital Punishment 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.S1.9.5 Housing
Housing 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.S1.9.6.6 Public Accommodations
Public Accommodations 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.S1.9.7 Affirmative Action: Remedial Use of Racial Classifications
Affirmative Action: Remedial Use of Racial Classifications Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens . . .
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Amdt14.S1.10.1.1 Alienage and Nationality
Alienage and Nationality 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.S1.10.1.2 Sex
Sex 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.S1.10.3 Fundamental Interests: The Political Process
Fundamental Interests: The Political Process 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.S1.10.6 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.S1.10.7.1 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.S5.1.1 Generally
Generally 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, Congress, in . . .
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Amdt14.S5.1.2 State Action
State Action Fourteenth Amendment, Section 5: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. In enforcing by appropriate legislation the . . .
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Amdt14.S5.1.3 Congressional Definition of Fourteenth Amendment Rights
Congressional Definition of Fourteenth Amendment Rights Fourteenth Amendment, Section 5: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. In . . .
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Amdt15.S1.1.1.2 The Judicial View of the Amendment
The Judicial View of the Amendment Fifteenth Amendment, Section 1: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of . . .
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Amdt15.S1.1.1.3 Grandfather Clauses
Grandfather Clauses Fifteenth Amendment, Section 1: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, . . .
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Amdt15.S1.1.1.4 The White Primary
The White Primary Fifteenth Amendment, Section 1: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or . . .
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Amdt15.S1.1.2 Congressional Enforcement
Congressional Enforcement Fifteenth Amendment, Section 1: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, . . .
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Amdt21.S1.1.2.1 Discrimination Against Interstate Commerce
Discrimination Against Interstate Commerce Twenty-First Amendment, Section 1: The eighteenth article of amendment to the Constitution of the United States is hereby repealed. In a series of decisions . . .
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Amdt24.S1.1 Expansion of the Right to Vote
Expansion of the Right to Vote Twenty-Fourth Amendment, Section 1: The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for . . .
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