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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. Introduction
    Intro.3 Historical Note on Formation of the Constitution
    Historical 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 . . .
  • 3. Article I Section 1
    ArtI.S1.4.3.1 Foreign Affairs
    Foreign Affairs 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. That the . . .
  • 4. Article I Section 1
    ArtI.S1.4.3.2 Military
    Military 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. Superintendence . . .
  • 5. Article I Section 1
    ArtI.S1.4.4.1 Delegations to the States
    Delegations to the States 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. . . .
  • 6. Article I Section 2 Clause 1
    ArtI.S2.C1.1 Congressional Districting
    Congressional Districting Article I, Section 2, Clause 1: The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in . . .
  • 7. Article I Section 6 Clause 2
    ArtI.S6.C2.1.2 Incompatible Offices
    Incompatible Offices Article I, Section 6, Clause 2: No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United . . .
  • 8. Article I Section 8 Clause 4
    ArtI.S8.C4.1.5 Expatriation: Loss of Citizenship
    Expatriation: Loss of Citizenship 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 . . .
  • 9. Article I Section 8 Clause 10
    ArtI.S8.C10.1.2 Definition of Offenses
    Definition of Offenses 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 against the Law of . . .
  • 10. Article I Section 8 Clause 11
    ArtI.S8.C11.2.2 Time Limit on Appropriations for the Army
    Time Limit on Appropriations for the Army 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 . . .
  • 11. Article I Section 8 Clause 11
    ArtI.S8.C11.2.3 Conscription
    Conscription 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; . . . The . . .
  • 12. Article I Section 8 Clause 11
    ArtI.S8.C11.2.4 Care of the Armed Forces
    Care of the Armed Forces 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 . . .
  • 13. Article I Section 8 Clause 11
    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 . . .
  • 14. Article I Section 8 Clause 11
    ArtI.S8.C11.3.1 War Powers in Peacetime
    War Powers in Peacetime 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; . . .
  • 15. Article I Section 8 Clause 11
    ArtI.S8.C11.4.1.1 Theater of Military Operations
    Theater of Military Operations 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 . . .
  • 16. Article I Section 8 Clause 11
    ArtI.S8.C11.4.1.2 Enemy Country
    Enemy Country 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; . . . It . . .
  • 17. Article I Section 8 Clause 11
    ArtI.S8.C11.4.2.1 Personal Liberty
    Personal Liberty 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; . . . . . .
  • 18. Article I Section 8 Clause 11
    ArtI.S8.C11.4.2.2 Enemy Aliens
    Enemy Aliens 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; . . . The . . .
  • 19. Article I Section 8 Clause 11
    ArtI.S8.C11.4.2.3 Eminent Domain
    Eminent Domain 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; . . . An . . .
  • 20. Article I Section 8 Clause 15
    ArtI.S8.C15.1.2 Regulation of the Militia
    Regulation of the Militia Article I, Section 8, Clause 15: The Congress shall have Power . . . To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and . . .
  • 21. Article I Section 8 Clause 17
    ArtI.S8.C17.2.2 Duration of Federal Jurisdiction
    Duration of Federal Jurisdiction Article I, Section 8, Clause 17: The Congress shall have Power . . . To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten . . .
  • 22. Article I Section 10 Clause 3
    ArtI.S10.C3.2 Keeping Troops
    Keeping Troops 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 . . .
  • 23. Article II Section 1 Clause 1
    ArtII.S1.C1.1.3 Executive Power: Separation-of-Powers Judicial Protection
    Executive Power: Separation-of-Powers Judicial Protection Article II, Section 1, Clause 1: The executive Power shall be vested in a President of the United States of America. He shall hold his Office . . .
  • 24. Article II Section 2 Clause 1
    ArtII.S2.C1.1.1 Development of the Concept
    Development of the Concept 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 States, when called . . .
  • 25. Article II Section 2 Clause 1
    ArtII.S2.C1.1.2 Presidential Theory of the Commander-in-Chiefship in World War II–And Beyond
    Presidential Theory of the Commander-in-Chiefship in World War II–And Beyond Article II, Section 2, Clause 1: The President shall be Commander in Chief of the Army and Navy of the United States, and . . .
  • 26. Article II Section 2 Clause 1
    ArtII.S2.C1.1.3 The Cold War and After: Presidential Power to Use Troops Overseas Without Congressional Authorization
    The Cold War and After: Presidential Power to Use Troops Overseas Without Congressional Authorization Article II, Section 2, Clause 1: The President shall be Commander in Chief of the Army and Navy of . . .
  • 27. Article II Section 2 Clause 1
    ArtII.S2.C1.1.4 The President as Commander of the Armed Forces
    The President as Commander of the Armed Forces 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 . . .
  • 28. Article II Section 2 Clause 1
    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 . . .
  • 29. Article II Section 2 Clause 2
    ArtII.S2.C2.1.2 Treaties as Law of the Land
    Treaties as Law of the Land 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 present . . .
  • 30. Article II Section 2 Clause 2
    ArtII.S2.C2.2 International Agreements Without Senate Approval
    International Agreements Without Senate Approval 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 . . .
  • 31. Article II Section 2 Clause 2
    ArtII.S2.C2.3.1 Office
    Office 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 present concur; and he shall . . .
  • 32. Article II Section 2 Clause 2
    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 . . .
  • 33. Article II Section 3
    ArtII.S3.2.5 The Doctrine of Political Questions
    The Doctrine of Political Questions 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 . . .
  • 34. Article II Section 3
    ArtII.S3.3.1 Powers Derived from the Take Care Duty
    Powers Derived from the Take Care Duty 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 . . .
  • 35. Article II Section 3
    ArtII.S3.3.5 Military Power in Law Enforcement: The Posse Comitatus
    Military Power in Law Enforcement: The Posse Comitatus 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 . . .
  • 36. Article II Section 4
    ArtII.S4.1.1 Impeachment and Removal from Office: Overview
    Impeachment and Removal from Office: Overview Article II, Section 4: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and . . .
  • 37. Article II Section 4
    ArtII.S4.1.2.1 Offices Eligible for Impeachment
    Offices Eligible for Impeachment Article II, Section 4: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, . . .
  • 38. Article III Section 1
    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 . . .
  • 39. Article III Section 2 Clause 1
    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 . . .
  • 40. Article III Section 2 Clause 1
    ArtIII.S2.C1.4.4.4 Suits Against United States Officials
    Suits Against United States Officials 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 the United States, . . .
  • 41. Article III Section 2 Clause 2
    ArtIII.S2.C2.2.1 The Theory of Plenary Congressional Control
    The Theory of Plenary Congressional Control 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 . . .
  • 42. Article III Section 2 Clause 2
    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 . . .
  • 43. Article VI Clause 2
    ArtVI.C2.1.7.3 Taxation of Government Contractors
    Taxation of Government Contractors 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, . . .
  • 44. First Amendment
    Amdt1.1.2 Establishment of Religion
    Establishment 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 . . .
  • 45. First Amendment
    Amdt1.1.3 Free Exercise of Religion
    Free 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 . . .
  • 46. First Amendment
    Amdt1.2.1 Adoption and the Common Law Background
    Adoption and the Common Law Background First Amendment: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of . . .
  • 47. First Amendment
    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 . . .
  • 48. First Amendment
    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 . . .
  • 49. First Amendment
    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 . . .
  • 50. First Amendment
    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 . . .
  • 51. Second Amendment
    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, . . .
  • 52. Third Amendment
    Amdt3.1 In General
    In General Third Amendment: No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. There has been . . .
  • 53. Fifth Amendment
    Amdt5.1 Indictment by Grand Jury
    Indictment by Grand Jury 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 . . .
  • 54. Fifth Amendment
    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 . . .
  • 55. Fifth Amendment
    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 . . .
  • 56. Fifth Amendment
    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 . . .
  • 57. Sixth Amendment
    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 . . .
  • 58. Eighth Amendment
    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 . . .
  • 59. Thirteenth Amendment Section 1
    Amdt13.S1.1.3 Situations in Which the Amendment is Inapplicable
    Situations in Which the Amendment is Inapplicable Thirteenth Amendment, Section 1: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly . . .
  • 60. Fourteenth Amendment Section 1
    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 . . .
  • 61. Fourteenth Amendment Section 1
    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 . . .
  • 62. Fourteenth Amendment Section 3
    Amdt14.S3.1 Disqualification and Public Debt
    Disqualification and Public Debt Fourteenth Amendment, Section 3: No Person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or . . .
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