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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
• 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
  9 KB (1,350 words) - 22:06, 26 November 2018
• 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
  17 KB (2,577 words) - 20:19, 27 November 2018
• 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]]
  4 KB (576 words) - 00:50, 28 November 2018
• 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).
  4 KB (619 words) - 19:18, 21 October 2019
• 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
  7 KB (972 words) - 02:10, 30 November 2018
• Police Power
  ...S. Supreme Court]] cases involve balancing state police power with federal constitutional requirements. [[Category:Constitutional Provisions]]
  1 KB (169 words) - 04:34, 9 November 2018
• 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.
  20 KB (3,010 words) - 07:12, 2 January 2019
• 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 ===
  22 KB (3,308 words) - 05:10, 12 February 2019
• 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
  7 KB (1,136 words) - 19:29, 21 October 2019
• 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.
  7 KB (1,097 words) - 19:30, 21 October 2019
• 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
  18 KB (2,814 words) - 06:51, 12 February 2019
• 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
  18 KB (2,695 words) - 02:29, 30 April 2019
• 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
  3 KB (407 words) - 08:59, 28 October 2017
• Reserved Powers
  [[Category:Constitutional Provisions]]
  1 KB (170 words) - 20:44, 30 April 2019
• 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
  2 KB (288 words) - 01:55, 21 February 2020
• 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
  6 KB (840 words) - 01:19, 1 May 2019
• 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
  9 KB (1,335 words) - 20:23, 1 May 2019
• 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
  4 KB (669 words) - 19:36, 2 May 2019
• 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
  12 KB (1,848 words) - 19:46, 2 May 2019
• 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
  21 KB (3,316 words) - 20:21, 3 May 2019

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