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• Abortion
  ...lth of the woman. While the Court undeniably reinforced its support of the constitutional core of  ''Roe''  in 1992’s ''Planned Parenthood v. Casey'', it also ...ife” versus the contention by “pro-choice” groups that a woman has a constitutional right to reproductive freedom. The interests of the state and federal gover
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• Amendment Process
  [[Category:Constitutional Provisions]]
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• Topical List
  ===Constitutional Provisions=== category = Constitutional Provisions
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• Fourteenth Amendment
  === PROVISIONS OF THE AMENDMENT === ...the Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
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• Articles of Confederation
  ...ce after independence, the Articles established in law several of the main provisions of American [[federalism]] retained and strengthened in the [[U.S. Constitu ...learned, the defects of the Articles could be summed up in the compact’s provisions for remedying these problems—an amendment process that reinforced Congres
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• Bill of Rights
  ...owers between the states and the government of the United States under the provisions of the new Constitution. The several state constitutional conventions had proposed over 100 different amendments, and Madison had the
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• Bingham, John A.
  ...resident Andrew Johnson’s veto, while Bingham undertook the framing of a constitutional amendment that would legitimate the enactment and guarantee federal protect ...The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
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• Brennan, William J., Jr.
  ...he quickly picked up the mantle of incorporation—the effort to make the provisions of the [[Bill of Rights]] apply as limits on the power of the states, not j ...ederal system” and warning of “an ominous portent of disruption of our constitutional structure.” Rehnquist’s decision was later overruled by ''Garcia v. San
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• Bronson v. Kinzie (1843)
  ...ce [[Taney, Roger Brooke|Roger Brooke Taney]], invalidated the retroactive provisions of the two 1841 changes. According to Taney, the first of the new laws plac ...513; James W. Ely Jr., “3. The Taney Era,” in ''The Contract Clause: A Constitutional History'' (Lawrence: University Press of Kansas, 2016), 59–105; and Paul
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• Citizenship
  ...s . . . three fifths of all other persons” (Article I, Section 2). These provisions were understood to mean that a “citizen” was an active member of the fo ...the twentieth century, the rights of U.S. citizenship were strengthened by constitutional amendments (the Nineteenth, Twenty-third, Twenty-fourth, and Twentysixth),
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• Commerce among the States
  ...ment from application to them as employers of the Fair Labor Standards Act provisions on hours and wages. To be sure, the Court had always noted that there were ...ago: Quadrangle Books, 1964); Ralph A. Rossum and G. Alan Tarr, ''American Constitutional Law: The Structure of Government'', 9th Ed., New York, NY; Westview Press,
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• Concurrent Powers
  [[Category:Constitutional Provisions]]
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• Confederate States of America
  ...also convinced that the Union from which they recently seceded provided a constitutional blueprint from which to structure a reformed union geared toward the collec The CSA Constitution’s slave-related provisions acknowledged the slave issue to be of national importance and intentionally
  14 KB (2,086 words) - 03:16, 27 July 2018
• Connecticut Compromise
  The Connecticut Compromise was a proposal in the [[Constitutional Convention of 1787]] to create a bicameral legislature composed of a Senate ...nment. The founders considered various versions of a federal system at the Constitutional Convention. The Virginia Plan proposed a federal system that divided and se
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• Constitutional Convention of 1787
  The Constitutional Convention was a signal event in the history of [[federalism]] for it was t ...ideration the situation of the United States, [and] to devise such further provisions as shall appear to them to render the constitution of the Federal Governmen
  19 KB (2,995 words) - 04:16, 8 August 2018
• Contract Clause
  ...Often overlooked today, the Contract Clause occupied a pivotal place in constitutional law until the early twentieth century and served as a key protection for pr ...act Clause was little discussed at the [[Constitutional Convention of 1787|Constitutional Convention]], but the provision was clearly intended to curb state debtor r
  9 KB (1,361 words) - 04:28, 8 August 2018
• Contract with America
  ...cedural reforms in the House and would hold floor votes on ten legislative provisions with public opinion poll–tested titles such as the “American Dream Rest ...e federal government found expression in contract provisions that sought a constitutional amendment requiring a balanced federal budget, legislation to give the pres
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• Dred Scott v. Sandford (1857)
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• Dual Citizenship
  ...n]] (1787) established a dual national-state citizenship in several of its provisions. A national citizenship, for instance, was recognized in the requirements t ...ent is the product of numerous political and legal struggles. Although the constitutional rule stated a comity between national and state (and local) citizenship, th
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• Due Process
  [[Category:Constitutional Provisions]]
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• Elections
  ...gislatures did during the nation’s first few decades. Under the original constitutional plan, each state legislature also directly appointed the state’s two sena ...ranting Congress explicit enforcement authority. These amendments included provisions curtailing the states’ discretion to deny the franchise on the basis of r
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• Electoral College
  The delegates to the [[Constitutional Convention of 1787|Constitutional Convention]] knew that they would need a special presidential election proc ...llocate these electors, although they obviously may not violate some other constitutional provision in the process. (A state could not, for instance, refuse to let w
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• Extradition and Rendition
  ...itives from justice are returned by one nation to another nation under the provisions of a treaty, and rendition referred to the process between states in a conf ...with the Rendition Act of 1793 (1 Stat. 302) detailing the procedure. The constitutional provision refers only to states, but Congress included districts and territ
  8 KB (1,317 words) - 20:17, 5 October 2018
• Eleventh Amendment
  ...citizens of another state, the state argued that the federal courts lacked constitutional authority to hear any cases brought by private citizens against a state wit ...(1908), the Court ruled that the amendment does not bar suits for ongoing constitutional violations brought against state officials in their official capacities. ''
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• Enumerated Powers of the U.S. Constitution
  [[Category:Constitutional Provisions]]
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• Environmental Policy
  ...gulate environmental issues is derived from the [[U.S. Constitution]]. The constitutional authority for federal environmental policy has been grounded, primarily, in ...passed the Migratory Bird Treaty Act (16 U.S.C. 703–12) to implement the provisions of the treaty. Challenges to this new Act were upheld on the basis of the f
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• Equal Protection of the Laws
  ...sprudence has been to determine when such distinctions are appropriate and constitutional. The primary articulation of this understanding is found in the [[Fourteent ...ermine when laws distinguishing between groups and classes of citizens are constitutional and when they are unconstitutional. One significant and continuing point of
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• Equal Rights Amendment
  ...required 38 states (three-fourths of the states) needed for adoption of a constitutional amendment. The ERA read, “Equality of rights under the law shall not be d ...Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.''
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• Federal Courts
  Civil cases involving provisions of the U.S. Constitution and federal laws and treaties: jurisdiction over c ...the president to nominate members of the Supreme Court and, pursuant to a constitutional provision, Congress has directed that the president nominate district judge
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• Federal-State Relations
  ...tical, and have varied from cordial to combative. This entry examines the constitutional clauses structuring the federal-state relationship, some of which are not v === THE CONSTITUTIONAL FRAMEWORK ===
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• Federalism Summit
  ...can [[federalism]] and to consider a set of administrative, statutory, and constitutional proposals to restore a better balance of power between the states and the f ...ions by, among other things, requiring members of Congress to identify the constitutional sources of their authority to legislate on specific subjects and giving sta
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• The Federalist Papers
  ...y have played a significant role in the spread of federal, democratic, and constitutional governments around the world. ...pendence to whittle away federal powers, and defended the Constitution’s provisions for federal supremacy as a protection against such whittling away. Later it
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• Fifteenth Amendment
  [[Category:Constitutional Provisions]]
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• Frankfurter, Felix
  ...ounsel,” and the Eighth Amendment’s “cruel and unusual punishment” provisions to the states, thus protecting defendants’ rights, Frankfurter was much m ...position on federalism issues that continues to influence modern American constitutional law.
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• Full Faith and Credit Clause: Article IV, Section 1
  ...the first provision of Article IV of the Constitution. The members of the Constitutional Convention adopted the Articles’ version of the Clause, but made two fund ...receive and treat out-of-state acts, records, and judgments. Both of these provisions reflect a blueprint for hierarchy in federal-state relations, whereby the s
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• Guarantee Clause
  ...conceptions or open to contemporary approaches depends on the theory of constitutional interpretation adopted. The provision’s other two promises concretely des ...leventh [[Kentucky and Virginia Resolutions|Virginia Resolution]] at the [[Constitutional Convention of 1787]]. Edmund Randolph stated the resolution had “two obje
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• Health Care Policy
  ...American federalism until the New Deal has generally been characterized as constitutional federalism or [[Dual Federalism|dual federalism]]. During this period, stat ...e secretary of health and human services to grant waivers from the act’s provisions for demonstration programs. These waivers allow wholesale modification of M
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• Holmes v. Walton (1780)
  ...at the legislature, in passing the seizure law, had indeed overstepped its constitutional authority by altering the right of jury that the Constitution had previousl ...the founders would later adopt at the [[Constitutional Convention of 1787|Constitutional Convention in 1787]].
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• Implied Powers of the U.S. Constitution
  ...ful. The law creating a national bank was within the power of Congress and constitutional, therefore, because the bank was convenient, as Hamilton had argued, for th [[Category:Constitutional Provisions]]
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• Internal Improvements
  ...ederalism]] was whether the federal government has the [[U.S. Constitution|constitutional]] authority to develop economic infrastructure on the state and local level ...nt from funding internal improvements such as canals. Hamilton supported a constitutional amendment authorizing the federal government to fund and construct internal
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• Interstate Commerce
  [[Category:Constitutional Provisions]]
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• Interstate Relations
  ...orporate provisions governing relations between sister states. These later provisions are often refered to as “horizontal federalism.” The [[U.S. Constitutio ...of 1942 were granted consent for a specific period of time, but the sunset provisions subsequently were removed. Congress in 2001 did not act on a bill extending
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• Judiciary Act of 1789, Section 25
  ...nabled review by the Supreme Court of lower federal court opinions and had provisions for review of state court decisions as well. ...ion of the Judiciary Act of 1789 provided a source of early controversy in constitutional politics. After establishing its right to judicial review in the landmark c
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• Land Use
  ...y empowering through [[State Legislatures|legislation]] and constitutional provisions their legal creatures, the general purpose local governments, to zone and u
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• Lincoln, Abraham
  ...power. Although the federal government did not completely dominate states, constitutional amendments, [[Civil Rights|civil rights acts]], and a highly intrusive, con ...anded the national government’s role and authority over domestic policy. Provisions of the [[Morrill Act of 1862|Morrill Act]] (1862) created land grant colleg
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• Lincoln-Douglas Debates
  ...s argument for equality of rights, Douglas could point to constitutional provisions favoring slaveholders. Clauses in the 1787 Constitution regarding represent ...ong. The [[Civil War]] would transfer this debate to battlefields, and the constitutional amendments enacted by the victors would alter the terms upon which rights w
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• Local Government
  ...reserves powers to local governments; there is no mention of them. Lacking constitutional status, local governments are at the legal mercy of the states, which have ...nstitutional provisions regulating cities; other states soon followed. The constitutional shift moved local governments to a status where their powers are derived fr
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• Marshall, John
  ...urt]] as the primary arbiter of disputes concerning federalism, and as the constitutional watchdog for an effective and functional national government in the United ...reign powers between the federal government and the states, subject to the provisions of the [[Supremacy Clause: Article VI, Clause 2|Supremacy Clause]] (Article
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• Missouri v. Holland (1920)
  ...ecifically limited to particular subject matters. Nor is it clear from the constitutional text whether or to what extent the treaty power is affected by the [[Tenth
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• Nationalization of the Bill of Rights
  ...the Bill of Rights played an important albeit restricted role in American constitutional law, since the rights contained in the Bill of Rights could only be legitim ...y grand juries, or to afford criminal defendants jury trials, although the provisions of the Fifth, Sixth, and Seventh Amendments of the Bill of Rights imposed t
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• Necessary and Proper Clause
  ...l of the colonial charters and most of the state constitutions had similar provisions. The [[Articles of Confederation]] were somewhat unusual in limiting powers ...lause aroused little discussion in the [[Constitutional Convention of 1787|Constitutional Convention]]. This became, however, one of the most controversial issues co
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• New Deal
  ...of the social contract. A new concept of liberty anchored in the existing constitutional framework was central to this redefinition. In his eighth annual address be ...of government programs was minimal during the first 140 years of American constitutional history. Federal, state, and local governments had relatively separate domi
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• New Jersey Plan
  On June 14, 1787, William Paterson, delegate from New Jersey, rose in the [[Constitutional Convention of 1787|Convention]] on behalf of a coalition of delegates who d SEE ALSO: [[Connecticut Compromise]]; [[Constitutional Convention of 1787]]; [[Virginia Plan]]
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• New York v. United States (1992)
  ...lthough the case received relatively little attention from journalists and constitutional scholars at the time it was handed down, it marked the beginning of a renew ...terpretation of the Tenth Amendment under ''New York'' when it struck down provisions of the Brady Bill in ''[[Printz v. United States]]'' (1997).
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• Northwest Ordinance of 1787
  ...y principle were shortly incorporated into the Constitution, including the provisions of Article IV guaranteeing “full faith and credit” to the actions of ea ...otections for residents of the territory that were identical or similar to provisions written into the later Constitution, including religious freedom, writ of h
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• Police Power
  ...S. Supreme Court]] cases involve balancing state police power with federal constitutional requirements. [[Category:Constitutional Provisions]]
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• Preemption
  ...uarantees contained in these amendments and supersede state constitutional provisions and subnational laws as needed. Congress has utilized the preemptive power .... Hence, preemption and supremacy of the law are recognized as distinctive constitutional concepts.
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• Presidency
  ...he office in turn influence federalism in the course of carrying out their constitutional functions, which include taking care that the laws of the United States are === PRESIDENTS IN OFFICE: CONSTITUTIONAL ISSUES ===
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• Prigg v. Pennsylvania (1842)
  ...ir claims and gain legal custody over the fugitives. Quite remarkably, the constitutional issues raised by the act did not come before the [[Supreme Court of the Uni ...ever, the Fugitive Slave Clause, sandwiched in Section 2 between these two provisions, includes no such grant of power to Congress. One might interpret this lack
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• Printz v. United States (1997)
  ...the [[Supreme Court of the United States|U.S. Supreme Court]] struck down provisions of the federal Brady Handgun Violence Prevention Act for unconstitutionally ...izona—filed lawsuits challenging the constitutionality of the Brady Bill provisions that required them to conduct background checks on prospective gun buyers.
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• Privileges and Immunities Clause: Article IV
  ...icles of Confederation, there was very little debate on it either in the [[Constitutional Convention of 1787]] or in the ratification process. The creation of a stro ...on, each state determined who would be its citizens. That changed with the constitutional grant of the power of naturalization to Congress. Thus, citizenship was def
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• Reapportionment
  ...es such as county boards, municipal councils, and local school boards. The constitutional provision requiring this for the U.S. House is Article 1, Section 2, which ...that remain within this 10 percentage point standard are “presumptively constitutional” and are usually found to satisfy the one person, one vote rule for state
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• Referendum
  ...rather than prior to such actions. However, like initiatives and recalls, provisions relating to referenda are determined on a state-by-state basis as authorize ...states are generally considered to fall within four broad categories. The constitutional referendum calls for voters to approve an amendment to the state constituti
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• Reserved Powers
  [[Category:Constitutional Provisions]]
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• Reynolds v. Sims (1964)
  ...rr'', this sort of malapportionment was justiciable; the question was what constitutional standard to apply in deciding the issue. ''Baker v. Carr'' had left this qu ...nstitutional convention to overturn ''Reynolds v. Sims'', provisions for a constitutional amendment to overturn the decision were introduced in both the Senate and t
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• Scalia, Antonin
  ...upies the same “field,” Scalia has failed to spell out any affirmative constitutional limits to federal power over state policy making. Instead, he has examined ...consent. Scalia has accepted congressional authority to develop statutory provisions that selectively override the Hans limitation. However, he dissented when t
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• Seventeenth Amendment
  ...mocratic, inattentively abandoned what the framers regarded as the crucial constitutional means for protecting federalism. ...Federalism, the Supreme Court, and the Seventeenth Amendment: The Irony of Constitutional Democracy'' (Lanham, MD: Lexington Books, 2001); Woodrow Wilson, ''The New
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• Sixteenth Amendment
  In 1909, the language proposing the constitutional amendment was added to a Senate tariff bill. This created a bipartisan coal ...Oxford University Press, 1992); Ralph Rossum and G. Alan Tarr, ''American Constitutional Law'' (New York: St. Martin’s, 1983); and Stephen Skowronek, ''Building a
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• Slaughterhouse Cases
  ...rt’s definitions of the amendment’s key terms influenced the course of constitutional development, particularly in the area of fundamental rights, for a century. ...ally himself with the Confederacy. In one of the great ironies of American constitutional law, Campbell resorted to the newly adopted Fourteenth Amendment—the cent
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• Slavery
  === SLAVERY AT THE CONSTITUTIONAL CONVENTION === ...nded labor, began the process of emancipating their slaves by the time the Constitutional Convention met. This led to conflicts as to the parameters of national and
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• South Dakota v. Dole (1987)
  ...l offer of federal funds to the states, the regulation will be found to be constitutional. ...States’ drinking ages,” and went on to hold the legislation “within constitutional bounds ''even if Congress may not regulate drinking ages directly''” (emp
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• Sovereignty
  The [[Federalists]] at the [[Constitutional Convention of 1787|Constitutional Convention]] argued that sovereignty had passed from the Crown to the [[U.S ...y by federal and state governments over individuals goes hand in hand with provisions for the subordination of states to the federal government in core spheres o
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• Spending Power
  ...generally displayed an unwillingness to invalidate spending provisions on constitutional grounds. ...''Duke Law Journal'' 44, (1994): 1–109; and Laurence Tribe, ''American Constitutional Law'', vol. 1, 3rd ed. (New York: Foundation Press, 2000), 833–41.
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• State Constitutional Law
  ...ional law, however, is a very important, and increasingly visible, form of constitutional law. ...ence during the debates at the federal [[Constitutional Convention of 1787|Constitutional Convention]].
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• State Constitutions
  ...sue expansive interpretations of federal [[Bill of Rights|bill of rights]] provisions, a number of state supreme court judges concluded that their state bills of ...endment. All told, there have been 144 state constitutions, over 230 state constitutional conventions, and more than 7,000 amendments to the current state constituti
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• State Courts
  ...r of South Carolina, argued during the [[Constitutional Convention of 1787|Constitutional Convention]] that “the State Tribunals might and ought to be left in all ...ssues being litigated in federal court, for example the meaning of a state constitutional provision or state law, federal courts defer to and apply state court decis
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• State Legislatures
  ...slatures have a significant impact on American [[federalism]] due to their constitutional responsibilities, political influence, and [[Intergovernmental Relations|in ...endments than the twenty-seven they have actually approved. Although these constitutional powers are seldom used, they give legislatures leverage in the intergovernm
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• Stream of Commerce
  ...mplex understanding of commerce. In ''Stafford'', the Supreme Court upheld provisions of a federal law that regulated the business of large meatpackers. At the t | BIBLIOGRAPHY: Chester James Antieau and William J. Rich, ''Modern Constitutional Law'', 2nd ed. (Rochester, NY: Lawyers Cooperative Pub. Co., 1997), §44.05
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• Substantive Due Process
  ...ect property rights or personal liberties in the absence of constitutional provisions explicitly protecting those freedoms. ...he national Constitution, and [[State Constitutions|state constitutional]] provisions prohibiting monopolies and protecting private property, provided the legal
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• Supremacy Clause: Article VI, Clause 2
  ...ted that national laws and treaties were superior to any conflicting state provisions without granting Congress any expressed power to actively “negative” st ...nter’s Lessee]]'' (1816). In this case, the U.S. Supreme Court addressed constitutional issues that were of great importance to the fledgling nation. The first que
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• Supreme Court of the United States
  ...y yet prove more important to state autonomy than the Court’s overtly “constitutional” rulings. Part of the Rehnquist Court’s reluctance to aggressively expand constitutional protections for federalism may stem from an ongoing and vigorous debate ove
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• Takings Clause: Fifth Amendment
  ...xcept for a few specific limitations in the original Constitution, federal constitutional limitations were not applied to the states until after the [[Civil War]]. T ...of state, not federal, courts. Thus, state court interpretations of state constitutional principles and common law doctrine are most influential in determining the
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• Taxing and Spending Power
  ...l grounds just before he left office, but obviously Jefferson overcame his constitutional concerns in the [[Louisiana Purchase]]. James Monroe took a somewhat more e ...Court again took the Hamiltonian position and rejected charges that these provisions were coercive of the states, unrelated to the general welfare, and invasive
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• Tenth Amendment
  ...millan Reference USA, 2000); and Ralph A. Rossum and Alan Tarr, ''American Constitutional Law'' (Belmont, CA: Wadsworth/Thomson Learning, 2003). [[Category:Constitutional Provisions]]
  17 KB (2,583 words) - 20:37, 10 May 2019
• Three-fifths Compromise
  ...itimacy of [[slavery]], but chose to give the peculiar institution limited constitutional recognition to expedite ratification and federal union. To achieve that end ...he [[Articles of Confederation]] was that voting by states and the rule of constitutional unanimity had prevented the old [[U.S. Congress|Congress]] from establishin
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• U.S. Congress
  Federalism has shaped the form of the U.S. Congress. At the [[Constitutional Convention of 1787]], the framers designed a national legislature with two ...term of six years. Equal representation for the states was protected from constitutional amendment. Article V of the [[U.S. Constitution|Constitution]] stipulates t
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• U.S. Constitution
  ...so long as these powers were not exercised in a manner inconsistent with constitutional limitations or federal regulations. Finally, the framers’ federalism also ...as approval of treaties. It is also apparent in such other constitutional provisions as the mode by which the Constitution was to be ratified, the amending proc
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• U.S. Supreme Court
  ...y yet prove more important to state autonomy than the Court’s overtly “constitutional” rulings. Part of the Rehnquist Court’s reluctance to aggressively expand constitutional protections for federalism may stem from an ongoing and vigorous debate ove
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• Virginia Plan
  On May 29, 1787, the third day of the [[Constitutional Convention of 1787|Constitutional Convention]], Virginia Governor Edmund Randolph submitted a proposal for a ...nd judicial branches, with the power to veto both national and state laws. Provisions for the amendment of the Constitution and its ratification by the people, r
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• Voting Rights Act of 1965
  ...ivision in the Justice Department. A 1960 act strengthened the enforcement provisions for the earlier act and added tools to enforce school desegregation orders. ...ngress’ constitutional responsibilities and are consonant with all other provisions of the [[U.S. Constitution|Constitution]]. We therefore deny South Carolina
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• U.S. Constitution (full document)
  ...ice-President shall act as President, as in the case of the death or other constitutional disability of the President. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
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• Patient Protection and Affordable Care Act
  Although the ACA includes provisions to alter the cost and quality of health care, its primary goal is to reduce .... Sebelius'' (132 S. Ct. 2566 2012) ruled the mandates on individuals were constitutional, but states could choose not to expand Medicaid coverage; in that case, low
  10 KB (1,439 words) - 06:24, 29 December 2018
• Arizona v. United States (2012)
  ...al immigration were for the federal government to resolve and that several provisions in S.B. 1070 would promote racial profiling. Shortly after the law was pas ...son was legally in the United States, provided the police office had other constitutional reasons for detaining the person in question.
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• Constitutionalism
  ...glary only if the legislature has made burglary a crime. As important, in constitutional rule of law regimes, preexisting rules provide the necessary foundations fo The alternatives to constitutional rule of law regimes are rule by status and rule by law regimes. Governance
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• McDonald v. City of Chicago (2010)
  ...t in the late nineteenth and twentieth centuries began ruling that certain provisions of the Bill of Rights were incorporated by the due process clause of the Fo ...rsons from owning a handgun in their homes. ''McDonal''d claimed he had a constitutional right under the Second Amendment as incorporated by the due process clause
  5 KB (723 words) - 21:03, 22 January 2019
• National Federation of Independent Business v. Sebelius, 567 U.S. 519 (2012)
  ...ntly joined the lawsuit, resulting in half of the states challenging these provisions. The ACA was major federal health care reform legislation designed to achie ...e ACA, which became ''NFIB v. Sebelius'', involved four statutory and five constitutional questions and embodied deep divisions in American politics over the role of
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• Second Amendment
  ...al right to bear arms. After the Civil War, most states interpreted state constitutional rights to bear arms as either limited to the militia or permitting any reas
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• State Constitutional Rights Federalism
  State Constitutional Rights Federalism, also known as “new judicial federalism” refers to th
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