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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
  22 KB (3,400 words) - 19:45, 6 July 2018
• Amendment Process
  [[Category:Constitutional Provisions]]
  4 KB (671 words) - 20:11, 12 July 2018
• Topical List
  ===Constitutional Provisions=== category = Constitutional Provisions
  2 KB (182 words) - 23:25, 28 January 2022
• Fourteenth Amendment
  === PROVISIONS OF THE AMENDMENT === ...the Congress shall have power to enforce, by appropriate legislation, the provisions of this article.”
  17 KB (2,624 words) - 23:17, 4 July 2018
• 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
  19 KB (2,844 words) - 22:56, 4 October 2021
• 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
  14 KB (2,226 words) - 19:26, 13 July 2018
• 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.”
  4 KB (566 words) - 19:33, 13 July 2018
• 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
  5 KB (825 words) - 20:21, 16 July 2018
• 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
  2 KB (253 words) - 08:27, 18 October 2019
• 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),
  8 KB (1,189 words) - 00:52, 3 July 2018
• 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,
  32 KB (5,040 words) - 02:12, 18 June 2019
• Concurrent Powers
  [[Category:Constitutional Provisions]]
  2 KB (234 words) - 04:07, 26 July 2018
• 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
  6 KB (903 words) - 03:56, 8 August 2018
• 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
  4 KB (565 words) - 04:31, 8 August 2018
• Dred Scott v. Sandford (1857)
  2 KB (363 words) - 09:06, 18 October 2019
• 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
  8 KB (1,195 words) - 06:02, 17 August 2018
• 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
  8 KB (1,107 words) - 19:04, 27 August 2018
• 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
  12 KB (1,847 words) - 22:42, 2 December 2020
• 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. ''
  19 KB (2,950 words) - 19:29, 27 August 2018
• Enumerated Powers of the U.S. Constitution
  [[Category:Constitutional Provisions]]
  8 KB (1,356 words) - 20:05, 27 August 2018
• 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
  15 KB (2,300 words) - 20:06, 27 August 2018
• 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
  22 KB (3,332 words) - 23:19, 6 September 2018
• 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.''
  6 KB (919 words) - 23:20, 6 September 2018
• 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
  17 KB (2,657 words) - 21:31, 10 September 2018
• 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 ===
  25 KB (3,755 words) - 01:35, 15 September 2018
• 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
  5 KB (730 words) - 06:05, 13 September 2018
• 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
  23 KB (3,503 words) - 21:08, 4 July 2018
• Fifteenth Amendment
  [[Category:Constitutional Provisions]]
  3 KB (492 words) - 22:57, 4 July 2018
• 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.
  8 KB (1,159 words) - 01:23, 5 July 2018
• 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
  17 KB (2,661 words) - 01:35, 5 July 2018
• 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
  16 KB (2,271 words) - 01:54, 5 July 2018
• 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
  26 KB (3,778 words) - 02:34, 5 July 2018
• 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]].
  3 KB (532 words) - 17:55, 21 October 2019
• 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]]
  4 KB (661 words) - 02:58, 5 July 2018
• 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
  4 KB (590 words) - 01:15, 26 September 2018
• Interstate Commerce
  [[Category:Constitutional Provisions]]
  4 KB (528 words) - 01:23, 26 September 2018
• 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
  23 KB (3,570 words) - 20:48, 29 September 2018
• 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
  3 KB (482 words) - 21:06, 29 September 2018
• Land Use
  ...y empowering through [[State Legislatures|legislation]] and constitutional provisions their legal creatures, the general purpose local governments, to zone and u
  7 KB (1,061 words) - 05:46, 2 October 2018
• 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
  5 KB (681 words) - 05:51, 2 October 2018
• 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
  9 KB (1,364 words) - 03:15, 5 October 2018
• 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
  18 KB (2,575 words) - 03:20, 5 October 2018
• 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
  23 KB (3,550 words) - 03:48, 17 October 2018
• 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
  9 KB (1,392 words) - 18:21, 21 October 2019
• 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
  23 KB (3,761 words) - 21:47, 26 November 2018

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