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1. Introduction
Intro.2 Introduction to the 2012 Centennial Edition

Introduction 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 . . .
2. Article I Section 8 Clause 1
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 Welfare . . .
3. Article I Section 8 Clause 1
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 Welfare . . .
4. Article I Section 8 Clause 3
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; . . .
5. Article I Section 9 Clause 6
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 . . .
6. Article I Section 10 Clause 3
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 Agreement . . .
7. Article IV Section 2 Clause 1
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 . . .
8. Article IV Section 2 Clause 1
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 . . .
9. First Amendment
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 speech, . . .
10. First Amendment
Amdt1.2.13.1 Freedom of Association: Overview

Freedom 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 of . . .
11. Fifth Amendment
Amdt5.4.4.3.1 What Process is Due when a Deprivation Occurs: Pre-Modern Doctrine

What 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 indictment of . . .
12. Tenth Amendment
Amdt10.1 Tenth Amendment: Historical Background

Tenth 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 . . .
13. Tenth Amendment
Amdt10.2.1 Tenth Amendment: Early Doctrine

Tenth 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 . . .
14. Tenth Amendment
Amdt10.2.2 Tenth Amendment: Postbellum Case Law

Tenth 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 . . .
15. Tenth Amendment
Amdt10.2.3 Tenth Amendment: Post-New Deal Court

Tenth 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 . . .
16. Tenth Amendment
Amdt10.2.4.1 Tenth Amendment: Commandeering Prohibitions

Tenth 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, . . .
17. Tenth Amendment
Amdt10.2.4.2 Tenth Amendment: Commerce Clause

Tenth 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 . . .
18. Eleventh Amendment
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 against . . .
19. Eleventh Amendment
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 . . .
20. Eleventh Amendment
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 prosecuted . . .
21. Fourteenth Amendment
Amdt14.1 Fourteenth Amendment: Overview

Fourteenth Amendment: Overview Amendment of the Constitution during the post-Civil War Reconstruction period resulted in a fundamental shift in the relationship between the Federal Government and the states. . . .
22. Fourteenth Amendment
Amdt14.2 State Action Doctrine

State Action Doctrine The Fourteenth Amendment, by its terms, limits discrimination only by governmental entities, not by private parties. As the Court has noted, the action inhibited by the first section . . .
23. Fourteenth Amendment Section 1
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 and . . .
24. Fourteenth Amendment Section 1
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 United . . .
25. Fourteenth Amendment Section 1
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 the . . .
26. Fourteenth Amendment Section 1
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 . . .
27. Fourteenth Amendment Section 1
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 . . .
28. Fourteenth Amendment Section 1
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 United . . .
29. Fourteenth Amendment Section 1
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 State . . .
30. Fourteenth Amendment Section 1
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 . . .
31. Fourteenth Amendment Section 1
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 States . . .
32. Fourteenth Amendment Section 1
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 State . . .
33. Fourteenth Amendment Section 1
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 . . .
34. Fourteenth Amendment Section 1
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 . . .
35. Fourteenth Amendment Section 1
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 States . . .
36. Fourteenth Amendment Section 1
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 States . . .
37. Fourteenth Amendment Section 1
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 . . .
38. Fourteenth Amendment Section 1
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 . . .
39. Fourteenth Amendment Section 1
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 wherein . . .
40. Fourteenth Amendment Section 1
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 reside. . . .
41. Fourteenth Amendment Section 1
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 State . . .
42. Fourteenth Amendment Section 1
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 United . . .
43. Fourteenth Amendment Section 1
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 State . . .
44. Fourteenth Amendment Section 1
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 . . .
45. Fourteenth Amendment Section 1
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 citizens . . .
46. Fourteenth Amendment Section 5
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, . . .
47. Fourteenth Amendment Section 5
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 legislation . . .
48. Fourteenth Amendment Section 5
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 of . . .
49. Fourteenth Amendment Section 5
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 this . . .
50. Fifteenth Amendment Section 2
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 Fourteenth, . . .
51. Twenty-First Amendment Section 3
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 . . .
52. Twenty-Fourth Amendment Section 2
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 electors . . .
53. Twenty-Fourth Amendment Section 2
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 electors . . .

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