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Topic: Due Process
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  • 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 . . .
  • Intro.4 Bill of Rights
    Bill of Rights First Through Tenth Amendments On September 12, five days before the Convention adjourned, Mason and Gerry raised the question of adding a bill of rights to the Constitution. Mason . . .
  • 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 . . .
  • 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 . . .
  • ArtI.S1.4.5 Particular Subjects or Concerns – Closer Scrutiny or Uniform Standard?
    Particular Subjects or Concerns – Closer Scrutiny or Uniform Standard? Article I, Section 1: All legislative Powers herein granted shall be vested in a Congress of the United States, which shall . . .
  • ArtI.S1.5.4.2 Protection of Witnesses; Pertinency and Related Matters
    Protection of Witnesses; Pertinency and Related Matters 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 . . .
  • ArtI.S1.5.4.3 Protection of Witnesses; Constitutional Guarantees
    Protection of Witnesses; Constitutional Guarantees 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 . . .
  • ArtI.S1.5.5 Sanctions of the Investigatory Power: Contempt
    Sanctions of the Investigatory Power: Contempt 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 . . .
  • 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 . . .
  • 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 . . .
  • 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 . . .
  • ArtI.S8.C4.1.2 Categories of Citizens: Birth and Naturalization
    Categories of Citizens: Birth and Naturalization 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 . . .
  • ArtI.S8.C4.2 Aliens
    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 throughout the United States; . . .
  • ArtI.S8.C4.3.3 Constitutional Limitations on the Bankruptcy Power
    Constitutional Limitations on the Bankruptcy Power Article I, Section 8, Clause 4: The Congress shall have Power . . . To establish an uniform Rule of Naturalization, and uniform Laws on the subject . . .
  • ArtI.S8.C11.2.5 Trial and Punishment of Offenses: Servicemen, Civilian Employees, and Dependents
    Trial and Punishment of Offenses: Servicemen, Civilian Employees, and Dependents Article I, Section 8, Clause 11: The Congress shall have Power . . . To declare War, grant Letters of Marque and . . .
  • ArtI.S8.C11.4.2.4 Rent and Price Controls
    Rent and Price Controls 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; . . .
  • ArtI.S9.C3.2.3 Change in Place or Mode of Trial
    Change in Place or Mode of Trial Article I, Section 9, Clause 3: No Bill of Attainder or ex post facto Law shall be passed. A change of the place of trial of an alleged offense after its commission is . . .
  • ArtI.S10.C1.6.14 Doctrine of Inalienability as Applied to Eminent Domain, Taxing, and Police Powers
    Doctrine of Inalienability as Applied to Eminent Domain, Taxing, and Police Powers Article I, Section 10, Clause 1: No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of . . .
  • 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 . . .
  • ArtII.S2.C1.1.5 Martial Law and Constitutional Limitations
    Martial Law and Constitutional Limitations Article II, Section 2, Clause 1: The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several . . .
  • ArtII.S2.C2.3.5 The Presidential Aegis: Demands for Papers
    The Presidential Aegis: Demands for Papers 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 . . .
  • ArtII.S3.3.7 Preventive Martial Law
    Preventive 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 . . .
  • ArtIII.S1.1.1 Organization of Courts, Tenure, and Compensation of Judges: Overview
    Organization 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 . . .
  • ArtIII.S1.3.1.1 Categories of Contempt
    Categories of Contempt 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 . . .
  • ArtIII.S1.3.1.5 Due Process Limitations on Contempt Power: Right to Notice and to a Hearing Versus Summary Punishment
    Due Process Limitations on Contempt Power: Right to Notice and to a Hearing Versus Summary Punishment Article III, Section 1: The judicial Power of the United States, shall be vested in one supreme . . .
  • ArtIII.S1.3.1.6 Due Process Limitations on Contempt Power: Right to Jury Trial
    Due Process Limitations on Contempt Power: Right to Jury Trial 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 . . .
  • ArtIII.S1.3.1.7 Due Process Limitations on Contempt Powers: Impartial Tribunal
    Due Process Limitations on Contempt Powers: Impartial Tribunal 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 . . .
  • ArtIII.S1.3.3 Power to Issue Writs: The Act of 1789
    Power to Issue Writs: The Act of 1789 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 . . .
  • 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 . . .
  • ArtIII.S2.C1.4.6 Controversies Between a State and Citizens of Another State
    Controversies Between a State and Citizens of Another State Article III, Section 2, Clause 1: The Judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws . . .
  • 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 . . .
  • ArtIII.S2.C2.3.4 Conflicts of Jurisdiction: Federal Court Interference with State Courts
    Conflicts of Jurisdiction: Federal Court Interference with State Courts Article III, Section 2, Clause 2: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a . . .
  • ArtIV.S1.2.3 Divorce Decrees: Domicile as the Jurisdictional Prerequisite
    Divorce Decrees: Domicile as the Jurisdictional Prerequisite Article IV, Section 1: Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every . . .
  • 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, . . .
  • Amdt1.2.5 Subsequent Punishment: Clear and Present Danger and Other Tests
    Subsequent Punishment: Clear and Present Danger and Other Tests First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or . . .
  • Amdt1.2.7 Right of Association
    Right 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; . . .
  • Amdt1.2.10 Particular Governmental Regulations that Restrict Expression
    Particular 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 . . .
  • Amdt1.2.13 Government Restraint of Content of Expression
    Government 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 . . .
  • Amdt1.2.14 Speech Plus – The Constitutional Law of Leafleting, Picketing, and Demonstrating
    Speech 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 . . .
  • Amdt1.3.1 Background and Development
    Background and Development 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 . . .
  • Amdt2.1 In General
    In General Second Amendment: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. For over 200 years, . . .
  • Amdt4.1.4.2 Federal Communications Act
    Federal Communications Act 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 . . .
  • Amdt4.1.5 Enforcing the Fourth Amendment: The Exclusionary Rule
    Enforcing the Fourth Amendment: The Exclusionary Rule Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, . . .
  • Amdt5.2.1 Development and Scope
    Development and Scope 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 . . .
  • Amdt5.2.3 Reprosecution Following Acquittal
    Reprosecution Following Acquittal 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 . . .
  • Amdt5.3.3.1 The Common Law Rule
    The Common Law Rule 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 . . .
  • Amdt5.3.3.3 State Confession Cases Before Miranda
    State Confession Cases Before Miranda 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 . . .
  • Amdt5.3.3.4 From the Voluntariness Standard to Miranda
    From the Voluntariness Standard to Miranda 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 . . .
  • Amdt5.3.4.1 Supreme Court Review
    Supreme Court Review 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 . . .
  • Amdt5.3.4.2 Procedure in the Trial Courts
    Procedure in the Trial Courts 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 . . .
  • Amdt5.4.1 History and Scope
    History and Scope 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 . . .
  • Amdt5.4.2 Procedural Due Process
    Procedural 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 . . .
  • Amdt5.4.3 Substantive Due Process
    Substantive 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 . . .
  • Amdt5.5.1 Overview
    Overview 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 or . . .
  • Amdt5.5.3 Just Compensation
    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 in the . . .
  • Amdt5.5.4 When Property is Taken
    When 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 . . .
  • Amdt6.1.1 Coverage
    Coverage 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 wherein the crime shall have been . . .
  • Amdt6.2.1.2 Application and Scope
    Application and Scope 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 wherein the crime . . .
  • Amdt6.2.2 Public Trial
    Public Trial 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 wherein the crime shall have . . .
  • Amdt6.3.1 Jury Trial
    Jury Trial 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 wherein the crime shall have . . .
  • Amdt6.3.2 Impartial Jury
    Impartial Jury 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 wherein the crime shall . . .
  • Amdt6.7 Compulsory Process
    Compulsory Process 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 wherein the crime shall . . .
  • Amdt6.8.1.1 Historical Practice
    Historical Practice 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 wherein the crime . . .
  • Amdt6.8.1.2 Development of Right
    Development of Right 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 wherein the crime . . .
  • Amdt6.8.1.3 Limits on the Right to Retained Counsel
    Limits on the Right to Retained Counsel 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 . . .
  • Amdt6.8.1.4 Effective Assistance of Counsel
    Effective Assistance of Counsel 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 wherein . . .
  • Amdt6.8.2.3 Lineups and Other Identification Situations
    Lineups and Other Identification Situations 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 . . .
  • Amdt6.8.2.4 Post-Conviction Proceedings
    Post-Conviction Proceedings 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 wherein the . . .
  • Amdt6.8.2.5 Noncriminal and Investigatory Proceedings
    Noncriminal and Investigatory Proceedings 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 . . .
  • Amdt8.1 Excessive Bail
    Excessive Bail Eighth Amendment: Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. This traditional right to freedom before conviction . . .
  • Amdt8.3 Cruel and Unusual Punishments
    Cruel 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 . . .
  • Amdt14.S1.4.1 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 . . .
  • Amdt14.S1.4.2.1 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 . . .
  • Amdt14.S1.4.2.3 Liberty
    Liberty 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 . . .
  • Amdt14.S1.4.3 The Rise and Fall of Economic Substantive Due Process: Overview
    The Rise and Fall of Economic Substantive Due Process: Overview Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are . . .
  • Amdt14.S1.4.4.1 Liberty of Contract
    Liberty of Contract 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 . . .
  • 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 . . .
  • Amdt14.S1.4.4.3 Workers’ Compensation Laws
    Workers Compensation Laws 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 . . .
  • 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 . . .
  • Amdt14.S1.4.5 Regulation of Business Enterprises: Price Controls
    Regulation of Business Enterprises: Price Controls Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the . . .
  • Amdt14.S1.4.6.1 In General
    In General 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 . . .
  • Amdt14.S1.4.6.2 Compulsory Expenditures: Grade Crossings, and the Like
    Compulsory Expenditures: Grade Crossings, and the Like Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of . . .
  • Amdt14.S1.4.6.4 Imposition of Statutory Liabilities and Penalties Upon Common Carriers
    Imposition of Statutory Liabilities and Penalties Upon Common Carriers Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, . . .
  • 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 . . .
  • Amdt14.S1.4.7.2 Laws Prohibiting Trusts, Restraint of Trade or Fraud
    Laws Prohibiting Trusts, Restraint of Trade or Fraud Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the . . .
  • Amdt14.S1.4.7.3 Banking, Wage Assignments, and Garnishment
    Banking, Wage Assignments, and Garnishment Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United . . .
  • Amdt14.S1.4.7.4 Insurance
    Insurance 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 . . .
  • Amdt14.S1.4.7.5 Miscellaneous Businesses and Professions
    Miscellaneous Businesses and Professions Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United . . .
  • 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 . . .
  • 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 . . .
  • Amdt14.S1.4.9.1 Zoning and Similar Actions
    Zoning and Similar Actions 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 . . .
  • Amdt14.S1.4.9.2 Estates, Succession, Abandoned Property
    Estates, Succession, Abandoned Property Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United . . .
  • Amdt14.S1.4.10.1 Health
    Health 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 . . .
  • Amdt14.S1.4.11 Vested and Remedial Rights
    Vested and Remedial 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 States and of the . . .
  • Amdt14.S1.4.12 State Control over Local Units of Government
    State Control over Local Units of Government Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United . . .
  • Amdt14.S1.4.13.1 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 . . .
  • 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 . . .
  • 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 . . .
  • Amdt14.S1.4.14.5 Transfer (Inheritance, Estate, Gift) Taxes
    Transfer (Inheritance, Estate, Gift) Taxes Fourteenth Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United . . .
  • Amdt14.S1.4.14.6 Corporate Privilege Taxes
    Corporate Privilege Taxes 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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