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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
  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
• 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
  5 KB (769 words) - 19:40, 21 October 2019
• 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
  6 KB (853 words) - 22:24, 3 May 2019
• 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.
  4 KB (559 words) - 19:51, 6 May 2019
• 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]].
  16 KB (2,377 words) - 22:47, 3 May 2019
• 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
  16 KB (2,484 words) - 19:47, 6 May 2019
• 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
  13 KB (1,935 words) - 20:14, 6 May 2019
• 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
  7 KB (983 words) - 20:21, 6 May 2019
• 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
  4 KB (584 words) - 20:01, 8 May 2019
• 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
  21 KB (3,260 words) - 20:17, 8 May 2019
• 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
  12 KB (1,931 words) - 19:51, 8 May 2019
• 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
  18 KB (2,757 words) - 22:09, 3 May 2018
• 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
  20 KB (3,232 words) - 19:41, 10 May 2019
• 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
  10 KB (1,557 words) - 20:15, 10 May 2019
• 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
  6 KB (909 words) - 20:04, 13 May 2019
• 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
  23 KB (3,553 words) - 20:10, 3 June 2019
• 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
  22 KB (3,500 words) - 20:19, 3 June 2019
• 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
  18 KB (2,746 words) - 03:42, 10 December 2017
• 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
  5 KB (766 words) - 21:33, 18 June 2019
• 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
  16 KB (2,476 words) - 21:38, 18 June 2019
• 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.
  45 KB (7,577 words) - 22:51, 4 October 2021
• 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.
  5 KB (723 words) - 22:33, 29 October 2019
• 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
  9 KB (1,374 words) - 21:32, 22 January 2019
• 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
  10 KB (1,513 words) - 04:42, 9 November 2018
• 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
  5 KB (702 words) - 18:58, 2 May 2019
• State Constitutional Rights Federalism
  State Constitutional Rights Federalism, also known as “new judicial federalism” refers to th
  18 KB (2,680 words) - 01:55, 5 September 2020

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