AMERICAN
American ConstitutionalismVolume I: Structures of GovernmentHoward Gillman, Mark A. Graber, and Keith E. WhittingtonIndex of Materials ArchivePart 1: ThemesIntroduction to American ConstitutionalismPart 2: DevelopmentThe Colonial Era: Before 1776IntroductionJudicial Power and Constitutional AuthorityJames Otis, Part of Speech before the Superior Court of Massachusetts on the Writs of AssistancePowers of the National GovernmentMassachusetts Circular LetterThe Speeches of His Excellency Governor Hutchinson .?.?. With the Answers of .?.?. the House of RepresentativesSeparation of PowersThomas Pownall, The Administration of the ColoniesA List of Infringements and Violations of RightsRichard Jackson, “An Historical Review of the Constitution and Government of Pennsylvania”The Founding Era: 1776–1788IntroductionJudicial Power and Constitutional AuthorityJudicial ReviewAn Elector [James Iredell], “To the Public”Powers of the National GovernmentJames Madison, “Vices of the Political System of the United States”The Northwest OrdinanceFederalismRepresentation of State InterestsJames Madison, “The Federalist No. 46”Constitutional Amendment and RatificationThomas Jefferson, Notes on the State of VirginiaResolves of the Concord Town MeetingSeparation of PowersJohn Adams, “Thoughts on Government”Debate in the Constitutional ConventionJames Madison, “The Federalist No. 49”James Madison, “The Federalist No. 57”James Madison, “The Federalist No. 62”Alexander Hamilton, “Federalist No. 68”The Early National Era: 1789–1828IntroductionJudicial Power and Constitutional AuthorityJudicial ReviewKamper v. HawkinsHayburn’s CaseVanhorne’s Lessee v. DorranceUnited States v. CallenderEakin v. RaubJudicial Supremacyi.Attorney General Caesar Rodney, Letter to President Thomas JeffersonFederal Review of the StatesFletcher v. PeckCohens v. VirginiaAlgernon Sidney [Spencer Roane], “On the Lottery Decision” Constitutional LitigationJohn Jay, Letter to George Washington on Advisory OpinionsBank of United States v. DeveauxJudicial Structure and SelectionSenate Debate on the Judiciary Act of 1801Stuart v. LairdDebate on the Impeachment of Justice Samuel ChaseUnited States v. WorrallPowers of the National GovernmentNecessary and Proper ClauseQuaker Petition on SlaveryHouse Report on the Petitions Praying for a Repeal of the Sedition ActJames Monroe, Proposal for a Military DraftDaniel Webster, Speech on the Proposed Military DraftTerritorial Acquisition and GovernanceSenate Debate on the Louisiana PurchaseHouse and Senate Debate on the Missouri CompromisePower to Regulate CommerceResolutions of the Hartford ConventionTaxing and Spending PowerHylton v. United StatesJames Madison, Internal Improvements Veto MessageHouse Report on Internal ImprovementsTreaty PowerAlexander Hamilton, “Camillus No. 36”James Madison, Speech on the Jay TreatyFederalismConstitutional Amendment and RatificationThomas Jefferson, Letter to Samuel KerchevalState Authority to Interpret the ConstitutionMassachusetts Resolution and Virginia Reply regarding the Virginia Resolutions of 1798 Virginia Report of 1799Police PowersCorfield v. CoryellStates and the Commerce ClauseBrown v. MarylandSeparation of PowersPardon PowerWilliam Wirt, PardonsPresidential Power to Execute the LawWilliam Wirt, Opinion on the President and Accounting OfficersLegislative Investigation PowersAnderson v. DunnLegislative Speech and DebateThomas Jefferson, Letter on Cabell CasePresidential War and Foreign Affairs PowersJames Madison, “Helvidius, No. 1”Martin v. MottNondelegation of Legislative PowersWayman v. SouthardThe Jacksonian Era: 1829–1860IntroductionJudicial Power and Constitutional AuthorityJudicial SupremacyAbleman v. BoothConstitutional LitigationCommonwealth v. AnthesSheldon v. SillLouisville, Cincinnati and Charleston Railroad Co. v. LetsonMassachusetts Constitutional Convention, Debate on Advisory OpinionsFederal Review of the StatesBarron v. BaltimoreSwift v. TysonPowers of the National GovernmentNecessary and Proper ClauseU.S. v. HaunTaxing and Spending PowerPresident James Polk, Veto of Internal Improvements BillSharpless v. Mayor of PhiladelphiaTerritorial Acquisition and GovernanceCongressional Debate on the Annexation of TexasStephen A. Douglas, “Popular Sovereignty in the Territories”Foster v. NeilsonFederal Regulation of ElectionsCongressional Debate on the Apportionment Act of 1842FederalismComityCommonwealth v. AvesBank of Augusta v. EarleState Authority to Interpret the ConstitutionAndrew Jackson, Proclamation on NullificationSouth Carolina Exposition and ProtestSouth Carolina Protest and InstructionsDaniel Webster, Speech on NullificationRepresentation of State InterestsSenate Debate on the Right of State Legislatures to Instruct U.S. SenatorsStates and the Commerce ClauseWillson v. Black Bird Creek Marsh CompanyCity of New York v. MilnThe Passenger CasesThe License CasesSeparation of PowersPresidential Power to Execute the LawDecatur v. PauldingDissenting Democrats of Removal of the Federal DepositsCaleb Cushing, Relation of the President to the Executive DepartmentsPresidential War and Foreign Affairs PowersCaleb Cushing, Opinion on Ambassadors and Other Public MinistersMartial Law and Habeas CorpusUnited States v. JacksonNondelegation of Legislative PowersCincinnati, Wilmington and Zanesville, Rail Road Company v. The Commissioners of Clinton CountyRice v. FosterSharing the Legislative PowerHouse Debate on the Veto PowerDaniel Webster, Speech on the Bank VetoWilliam Henry Harrison, Inaugural AddressJohn Tyler, Statement upon Signing the Apportionment ActHouse Debate on Tyler’s Signing StatementAppointment and Removal PowerEx Parte HennenField v. People of Illinois, ex rel. McClernandPardon PowerUnited States v. WilsonImpeaching and Censuring the PresidentNote: The Censure of President Andrew Jackson“The Colored Seamen’s Acts”: A Case StudySecession, Civil War, and Reconstruction: 1861–1876IntroductionJudicial Power and Constitutional AuthorityConstitutional LitigationEx Parte YergerTennessee v. DavisMurdock v. City of MemphisMississippi v. JohnsonPowers of the National GovernmentGeneral PrinciplesTimothy Farrar, “Adequacy of the Constitution”Sidney George Fisher, “The Trial of the Constitution”Necessary and Proper ClauseCongressional Debate on the Conscription BillKneedler v. LaneKneedler v. Lane IIChief Justice Taney, Draft Opinion on the Conscription LawCorrespondence between Jefferson Davis and Joseph Brown on ConscriptionFederal Power to Enforce Civil RightsUnited States v. ReeseFederalismGeneral PrinciplesNote: Federalism in the Confederate SouthTerritorial IntegrityNote: The Creation of West VirginiaIntergovernmental ImmunityCollector v. DayIn re TarbleStates and the Commerce ClauseReading Railroad Co. v. PennsylvaniaStates and Native American SovereigntyThe New York IndiansInterstate TravelCrandall v. NevadaSecessionJefferson Davis, “The Right of Secession”Abraham Lincoln, Fourth of July Message to CongressConstitutional Amendment and RatificationJohn Alexander Jameson, A Treatise on Constitutional ConventionsWells v. BainWood’s AppealSeparation of PowersMartial Law and Habeas CorpusEx Parte MilliganPardon PowerUnited States v. KleinImpeaching and Censuring the PresidentNote: The Impeachment of Andrew JohnsonThe Republican Era: 1877–1932IntroductionJudicial Power and Constitutional AuthorityJudicial ReviewJames Bradley Thayer, “The Origin and Scope of the American Doctrine of Constitutional Law”Stephen Field, “The Centenary of the Supreme Court of the United States”J. Allen Smith, The Spirit of American GovernmentMugler v. KansasLochner v. New YorkFederal Review of the StatesHurtado v. CaliforniaSmyth v. AmesConstitutional LitigationUnited States v. LeeFergus v. MarksParker v. the State, ex rel. PowellKadderly v. PortlandUnited States v. TexasPowers of the National GovernmentPower to Regulate CommerceCorrespondence between John Altgeld and Grover Cleveland on the Pullman StrikeIn Re DebsStafford v. WallaceHoke and Economides v. United StatesHouse Report on Convict LaborTaxing and Spending PowerHooe v. United StatesMcCray v. United StatesSpringer v. United StatesTerritorial Acquisition and GovernanceInsular Cases [Downes v. Bidwell]Immigration and NaturalizationFong Yue Ting v. U.S.FederalismStates and the Commerce ClauseWabash, St. Louis and Pacific Railway Company v. IllinoisRobbins v. Shelby County Taxing DistrictShreveport Rate CaseLiesy v. HardinIn re RahrerConstitutional Amendment and RatificationDavid Jayne Hill, “The Crisis in Constitutionalism”Leser v. GarnettDillon v. GlossSovereign ImmunityHans v. LouisianaEx parte YoungRepresentation of State InterestsGeorge F. Edmunds, “Should Senators Be Elected by the People?”State Regulation of Federal ElectionsMcPherson v. BlackerState ex rel. Nebraska Republican State Central Committee v. Wait (NE 1912)Police PowersAnderson v. Board of County CommissionersComityFauntleroy v. LumHaddock v. HaddockCunningham v. CunninghamSeparation of PowersAppointments and RemovalsThe Presidential Appointment Power in the Age of Congressional GovernmentPresidential Power to Execute the LawIn re NeagleBates and Guild Co. v. PayneUnited States v. Midwest Oil CompanyNondelegation of Legislative PowerState of Minnesota ex rel. Railroad & Warehouse Commission v. Chicago, Milwaukee, & St. Paul Railway CompanyMarshall Field & Co. v. Clark Sharing the Legislative PowerWilliam D. Mitchell, “Constitutionality of Proposed Legislation Affecting Tax Refunds”Legislative Investigation Powers McGrain v. DaughtertyLegislative OrganizationHouse Report on ExpulsionThe New Deal and Great Society Era: 1933–1968IntroductionJudicial Power and Constitutional AuthorityConstitutional LitigationAshwander v. Tennessee Valley AuthorityPoe v. UllmanAbbott Laboratories v. GardnerFederal Review of the StatesAdamson v. CaliforniaDuncan v. LouisianaPowers of the National GovernmentPower to Regulate CommerceCarter v. Carter Coal Co.United States v. DarbyParker v. BrownNecessary and Proper ClauseWood v. MillerFederal Power to Enforce Civil RightsKatzenbach v. MorganTaxing and Spending PowerUnited States v. KahrigerFederalismStates and the Commerce ClauseMorgan v. VirginiaPennsylvania v. NelsonSouthern Pacific Co. v. Arizona ex rel. SullivanSouth Carolina v. Barnwell Bros.Rice v. Santa Fe Elevator Corp.Dean Milk v. City of MadisonComityWilliams v. North Carolina—1942Williams v. North Carolina—1945State Regulation of Federal ElectionsSmiley v. HolmIn the Matter of the Application of William A. Thomas v. Cohen (NYS Kings Co. 1933)Rau v. BlairIn the Matter of the Application of William A. Thomas v. Cohen (NYS Kings Co. 1933)Constitutional Amendment and RatificationOpinion of the Court re. Constitutional ConventionSeparation of PowersPresidential War and Foreign Affairs PowersUnited States v. PinkUnited States v. BelmontNote: Lend–LeaseRobert H. Jackson, “Acquisition of Naval and Air Bases in Exchange for Over-Age Destroyers”State Department Memorandum, “Authority of the President to Order the Armed Forces of the United States Abroad”United States v. ReynoldsDepartment of State Memorandum on the Authority of the President to Repel Attack in KoreaUnited States v. Guy W. Capps, Inc. (4th Cir. 1953)Nicholas Katzenbach, Memorandum on Presidential Authority in VietnamLegislative Investigation PowersBarenblatt v. United StatesWatkins v. United StatesLegislative OrganizationTennessee Constitutional Convention, Debate on Legislative PaySenate Hearings on the Filibuster—1947Senate Hearings on the Filibuster—1957Martial Law and Habeas CorpusEx parte EndoEx parte Quirin et al.Hirabayashi v. United StatesKorematsu v. United StatesNondelegation of Legislative PowersPanama Refining Co. et al. v. Ryan et al.Yakus v. United StatesNational Broadcasting Co. v. United StatesSharing the Legislative PowerHerbert Brownell, Jr., “Authority of Congressional Committees to Disapprove Action of the Executive Branch”William P. Rogers, “Authority of Congressional Committees to Disapprove Action of the Executive Branch”Impeaching and Censuring the President Hearings on Presidential InabilityLiberalism Divided: 1969–1980IntroductionBarry Goldwater, Speech Accepting the Republican Presidential NominationJudicial Power and Constitutional AuthorityConstitutional LitigationGoldwater v. CarterMassachusetts v. LairdCongressional Hearings on Attorney Fees and Public Law LitigationD & W Auto Supply v. Department of RevenueUnited States v. RichardsonNorth Carolina v. RiceJudicial SupremacyKansas v. McClanahan (Kan., 1973)Judicial ReviewCommonwealth ex rel. Carroll v. TatePowers of the National GovernmentTaxing and Spending PowerCongressional Hearings on the Disclosure of the Intelligence BudgetFederalismStates and the Commerce ClauseNational Bellas Hess v. Department of Revenue of the State of IllinoisPolice PowersPeople v. ZelinskiInterstate TravelShapiro v. ThompsonStates and Native American SovereigntyUnited States v. WheelerSeparation of PowersPresidential War and Foreign Affairs PowersWilliam H. Rehnquist, The President and the War Powers: South Vietnam and the Cambodian SanctuariesJoseph Harmon, Presidential Power to Use the Armed Forces Abroad without Statutory AuthorizationPresidential Power to Execute the LawRamsey Clark, “Power of President to Impound Funds”William H. Rehnquist, Presidential Authority to Impound FundsWilliam H. Rehnquist, Testimony to Congress on Presidential ImpoundmentCongressional Hearings on ImpoundmentConrad C.M. Arensberg, Official Opinion No. 78-15 on Duty to Defend (PA 1978)Benjamin R. Civiletti, The Attorney General’s Duty to Defend and Enforce Constitutionally Objectional LegislationSharing the Legislative PowerCongressional Debate on Legislative VetoAntonin Scalia, Testimony on the Congressional VetoRobert G. Dixon, Jr., Amenability of the President, Vice President an Other Civil Officers to Federal Criminal Prosecution while in OfficeExecutive PrivilegeNixon v. Administrator of General ServicesKissinger v. Reporters Committee for Freedom of the PressPardon PowerMary C. Lawton, Presidential or Legislative Pardon of the PresidentCongressional Hearings on the Pardon of Richard NixonLegislative Speech and DebateHutchinson v. ProxmireGravel v. United StatesImpeaching and Censuring the PresidentConstitutional Grounds for Presidential ImpeachmentPart 3: Contemporary Issues10. The Reagan Era: 1981–1993IntroductionJudicial Power and Constitutional AuthorityJudicial ReviewAbbott et al. v. Burke et al.Rose, et al. v. Council for Better EducationConstitutional LitigationAllen v. WrightLujan v. Defenders of WildlifeHeckler v. ChaneyJudicial Structure and SelectionThomas v. Union Carbide Agricultural Products Co.Powers of the National GovernmentTaxing and Spending PowerWashington State Housing Finance Commission v. O’BrienPower to Raise ArmiesPerpich v. Department of DefenseFederalismStates and the Commerce ClauseWest Lynn Creamery v. HealyQuill v. North DakotaMaine v. TaylorConstitutional Amendment and Ratification Timothy E. Flanigan, Congressional Pay AmendmentSeparation of PowersEmolumentsLarry L. Simms, President Ragan’s Ability to Receive Retirement Benefits from the State of CaliforniaRobert B. Shanks, Application of the Emoluments Clause of the Constitution and the Foreign Gifts and Decorations ActSamuel Alito, Emoluments Clause Questions Raised by NASA Scientist’s Proposed Consulting Arrangement with the University of New South WalesNondelegation of Legislative PowersMistretta v. United StatesLincoln v. VigilSharing the Legislative PowerRalph Tarr, Constitutionality of Line-Item Veto ProposalCongressional Hearings on Legislative VetoPresidential Power to Execute the LawWilliam Franch Smith, The Attorney General’s Duty to Defend the Constitutionality of StatuesTheodore B. Olson, Prosecution for Contempt of Congress of an Executive Branch OfficialBowsher v. SynarPresidential War and Foreign Affairs PowersDames and Moore v. ReganHaig v. AgeeTimothy Flanigan, Issuance of Official or Diplomatic PassportsFinal Report of the Independent Counsel for Iran/Contra MattersTimothy Flanigan, Authority to Use United States Military Forces in SomaliaWalter Dellinger, Deployment of United States Armed Forces into HaitiLegislative OrganizationHouse Report on the Expulsion of Representative LedererImmunity from Judicial ProcessesMitchell v. ForsythHarlow v. FitzgeraldNixon v. FitzgeraldExecutive PrivilegeWilliam French Smith, Assertion of Executive Privilege in Response to Congressional SubpoenaTheodore Olson, Memorandum on the Confidentiality of Attorney General’s Communications11. The Contemporary Era: 1994–PresentIntroductionIntroduction to the 2012–2013 TermIntroduction to the 2013–2014 TermIntroduction to the 2012–2015 TermsJudicial PowerConstitutional LitigationBirmingham–Jefferson Civil Center Authority v. City of Birmingham et al.Guinn v. Legislature of NevadaCaperton v. A.?T. Massey Coal Company, Inc.Friends of the Earth v. Laidlaw Environmental ServicesJohn Roberts, “Year-End Report on the Federal Judiciary”Elk Grove Unified School District v. NewdowHein v. Freedom from Religion FoundationArizona Christian School Tuition Organization v. WinnHertz v. FriendRaines v. ByrdEl Shifa Pharmaceuticals v. United StatesMohamed v. Jeppersen DataplanZivotofsky v. ClintonWindsor v. United StatesHollingsworth v. PerrySummers v. Earth Island InstituteAl-Aulaqi v. Obama (D.D.C. 2010)Al-Aulaqi v. Panetta (D.D.C. 2014)In re Al-Nashiri (D.C.C. 2015)Armstrong v. Exceptional Child CenterSpokeo, Inc. v. RobinsZubik v. BurwellPatchak v. ZinkeRucho v. Common CauseVirginia House of Delegates v. Bethune-HillJudicial Structure and Selection The Nomination fo Merrick Garland to the U.S. Supreme Court Oil States Energy Services, LLC v. Greene’s Energy Group, LLCPowers of the National GovernmentNecessary and Proper ClauseUnited States v. KebodeauxFederal Power to Enforce Civil RightsNevada Department of Human Resources v. HibbsTaxing and Spending PowerRumsfeld v. Forum for Academic and Institutional Rights, Inc. (FAIR), et al.Legal Services Corporation v. Velazquez, et al.Maready v. City of Winston-SalemTown of Beloit v. County of RockUnited States v. International Business MachinesCounty of Santa Clara v. Trump (ND Ca. 2017)Upstate Citizens for Equality, Inc. v. United StatesPower to Regulate CommerceGonzales v. RaichNational Federation of Independent Business v. SebeliusKing v. BurwellTreaty PowerBond v. United StatesHearings on GATT Implementing LegislationWalter Dellinger, Whether Uruguay Round Agreements Required Ratification as a TreatyFederalismIntergovernmental Immunity Dawson v. Steager States and the Commerce ClauseCrosby v. National Foreign Trade CouncilUnited Haulers Association, Inc. v. Oneida–Herkimer Solid Waste Management AuthorityGranholm v. HealdWyeth v. LevineSouth Central Bell Telephone Co. v. AlabamaOverstock v. New York State Department of TaxationComptroller of the Treasury of Maryland v. WynneSouth Dakota v. Wayfair, Inc.Tennessee Wine and Spirits Retailers Association v. ThomasNon-CommandeeringReno v. CondonLunn v. Commonwealth (MA 2017)Murphy v. National Collegiate Athletic AssociationSovereign ImmunityFranchise Tax Board of the State of California v. Hyatt (Nev., 2014)United Skagit Indian Tribe v. LundgrenFranchise Tax Board of California v. HyattPolice PowersArizona v. United StatesStates and the Regulation of ElectionsArizona v. Inter Tribal CouncilArizona State Legislature v. Arizona Independent Redistricting Commission (U.S.D.C. AZ, 2014)Arizona State Legislature v. Arizona Independent Redistricting CommissionStates and Native American SovereigntyInyo County v. Paiute-Shoshone IndiansMichigan v. Bay Mills Indian CommunityInterstate TravelSaenz v. RoeSeparation of PowersEmolumentsWalter Dellinger, Applicability of Emoluments Clause to Employment of Government Employees by Foreign Public UniversitiesDavid J. Barron, “Applicability of the Emoluments Clause to the President’s Receipt of the Nobel Peace Prize”The Debate over Donald Trump’s Business ArrangementsSharing the Legislative PowerWalter Dellinger, “The Legal Significance of Presidential Signing Statements”Senate Report on the Line Item VetoEx parte Perry (TX 2016) Presidential Power to Execute the LawMedellin v. TexasAndrew Fois, Letter to Orin G. Hatch on Duty to DefendEric Holder, Non-Defense of the Defense of Marriage ActHearings on the President’s Constitutional Duty to Faithfully Execute the LawsPerez v. Mortgage Bankers AssociationUnited States v. Juarez-Escobar (W.D. Penn., 2014)Texas v. United States (S.D. Tex., 2015)Department of Commerce v. New YorkPresidential War and Foreign Affairs PowersRandolph D. Moss, Authorization for Continuing Hostilities in KosovoJay Bybee, Authority of the President to Use Military Force against IraqDepartment of Justice Paper on National Security Agency ActivitiesCongressional Research Service, Presidential Authority to Conduct Warrantless Electronic Surveillance to Gather Foreign Intelligence InformationLetter from Scholars and Former Government Officials on National Security Agency ActivitiesJohn Yoo and Robert J. Delahunty, Authority of the President to Suspend Certain Provisions of the ABM TreatyWalter Dellinger, Deployment of United States Armed Forces into BosniaWalter Dellinger, Deployment of United States Armed Forces into HaitiWalter Dellinger, Constitutionality of Legislative Provision Regarding ABM TreatyChristopher Schroder, Validity of Congressiona-Executive Agreements that Substantially Modify the United States’ Obligations under an Exiting TreatyDepartment of Justice White Paper on Drone StrikesCongressional Hearings on Drone StrikesZivotofsky v. Kerry (D.C. Cir., 2013)Zivotofsky v. KerryReport on the Legal and Policy Frameworks guiding the United States’ Use of Military ForceStephen A. Engle, Airstrikes against Syrian Chemical-Weapons FacilitiesMartial Law and Habeas CorpusHamdan v. RumsfeldBoumediene v. BushImmunity from Judicial Process Karl R. Thompson, Immunity of the Assistant to the President from Congressional SubpoenaRobert D. Moss, Indictability of the PresidentRandolph D. Moss, A Sitting President’s Amenability to Indictment and Criminal ProsecutionZervos v. Trump (NY Co. Sup. Ct. 2018)Robert Mueller, Report on the Investigation into Russian Interference in the 2016 Presidential Election (Volume I)Robert Mueller, Report on the Investigation into Russian Interference in the 2016 Presidential Election (Volume II)Executive PrivilegeIn re Sealed CaseCommittee on the Judiciary v. Miers (D.D.C. 2008)Eric Holder, Assertion of Executive Privilege over DocumentsLegislative Investigation PowersRobert Rubin, Letter to John Linder on Congressional OversightCurtis E. Gannon, Authority of Individual Members of Congress to Conduct OversightCharles E. Grassley, Letter on Requests for Information by Individual Members of CongressAppointment and RemovalVirginia A. Seitz, “Lawfulness of Recess Appointments during a Recess of the Senate Notwithstanding Periodic Pro Forma Sessions”Canning v. National Labor Relations BoardNational Labor Relations Board v. CanningLucia v. Securities and Exchange CommittionNondelegation of Legislative PowersBriefs in Whitman v. American Trucking Associations, Inc., et al.Free Enterprise Fund v. Public Fund Company Accounting Oversight BoardDepartment of Transportation v. Association of American RailroadsGundy v. United StatesImpeaching and Censuring the PresidentCharges and Reply in the Impeachment of President William ClintonElections and Political PartiesElliott v. Cruz (PA 2016) ................
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