The Supreme Court A to Z
- Publisher: CQ Press |
- Publication Year: 2007 |
- Online Publication Date: October 22, 2013 |
- DOI: http://dx.doi.org/10.4135/9781483300658 |
- Print ISBN: 9780872893351 |
- Online ISBN: 9781483300658 |
- Series: CQ Press: American Government A to Z Series |
- See Other Editions |
- Print Purchase Options
- Subject: Supreme Court, Law & Courts
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The Supreme Court A to Z offers accessible information about the Supreme Court, including its history, traditions, organization, dynamics, and personalities. Entries are arranged alphabetically and are extensively cross-referenced to related information. The Supreme Court A to Z incorporates coverage of significant cases and changes on the bench and includes more than 350 alphabetized entries.
- Entries A-Z
Copyright by Sage Publications, Inc.
About the Authors
No one could have come to the position of chief justice of the United States with a better legal résumé than John G. Roberts Jr.
A star student at Harvard College and then Harvard Law School in the 1970s, Roberts advanced from a Supreme Court clerkship to influential legal jobs in the White House and the solicitor general's office in the 1980s and early 1990s. Over the next decade, he earned a reputation as a premier Supreme Court litigator with a top Washington law firm before taking a seat in 2003 on the federal appeals court for the District of Columbia.
President George W. Bush cited that résumé when he chose Roberts on July 19, 2005, to succeed retiring justice Sandra Day O'Connor. Bush pointed to the résumé again on September 5 when he nominated Roberts instead to succeed Chief Justice William H. Rehnquist, who had died two days earlier after an eleven-month battle with thyroid cancer.
Roberts's credentials more than satisfied Senate Republicans and conservative interest groups. But his record of conservative views troubled liberal interest groups and some Democratic senators. In the seventeen hours he spent on the witness stand before the Senate Judiciary Committee, however, Roberts dazzled senators of both parties—and the viewing public—with his encyclopedic knowledge of Supreme Court decisions. He repeatedly promised to apply the law fairly and impartially with no political agenda.
In the end, all of the Senate's Republicans and half of the Democrats joined in the 78–22 vote on September 29 to confirm Roberts for the lifetime post as the nation's highest-ranking judicial officer. Four days later, he presided over the opening of the Court's new term on October 3, the traditional first Monday in October. At age 50, Roberts became the youngest chief justice since the great John Marshall assumed the post at age 45 in 1801.
It was Marshall who forged the Court into a coequal branch of the national government during his yet-to-be-equaled thirty-four year tenure as chief justice (1801–1835). Barely two years in office, Marshall spoke for a unanimous Court in claiming the authority to declare a law passed by Congress and signed by the president to be contrary to the Constitution and for that reason null and void. “It is, emphatically, the province and duty of the judicial department to say what the law is,” Marshall wrote in Marbury v. Madison (1803).
In the two centuries since, the Supreme Court has wielded its power of judicial review over a full alphabet of political issues—[Page xvi]from abortion to zoning and every letter in between. It has struck down on constitu- tional grounds more than 160 laws passed by Congress and more than 1,250 state or local laws or constitutional provisions. It has clashed with presidents from Andrew Jackson and Abraham Lincoln in the nineteenth century to Franklin D. Roosevelt and Richard Nixon in the twentieth.
Under the leadership of another of the great chief justices, Earl Warren (1953–1969), the Court ordered an end to racial segregation in public schools. It forced state legislatures to reallocate power between urban and rural voters. And it required police, prosecutors, and judges to afford suspects and criminal defendants the legal protections set out in the Bill of Rights. Under Warren's successor, Warren E. Burger (1969–1986), the Court threw out state abortion laws, laid the foundations for modern sex discrimination law, and extended First Amendment protections to political campaign spending.
Rehnquist, for whom Roberts clerked in the 1980–1981 term, moved the Court in a conservative but no less assertive direction in his nineteen years as chief justice (1986–2005). He led a narrow majority in curbing the power of Congress vis-vis the states, easing the restrictions on government involvement with religion, giving police greater leeway in criminal cases, and limiting federal courts' powers in school desegregation and other institutional reform cases. Yet the Court also reaffirmed the most important rulings of the Warren and Burger eras and, on occasion, exercised its power to go beyond them. In 2003, for example, the Court invalidated state criminal laws banning gay sex—overturning a seventeen-year-old precedent. (Rehnquist was one of three dissenters.)
Rehnquist's death brought the first vacancy on the Court in a near-record eleven years. The Rehnquist Court had been closely divided between conservative and liberal camps. Reagan appointee O'Connor often cast decisive votes—sometimes to the disappointment of conservatives—such as her 1992 vote to uphold abortion rights and her 2003 vote to permit racial preferences in university admissions. During his two presidential campaigns, Bush signaled his intention to shift the Court to the right by promising to appoint new justices in the mold of the Court's most conservative members: Antonin Scalia and Clarence Thomas.
With Roberts confirmed, Bush chose another conservative federal appeals court judge, Samuel A. Alito Jr., to succeed O'Connor. Like Roberts, Alito had come of age as a Reagan-era conservative. With the ideological stakes higher because of O'Connor's pivotal role, liberal interest groups lobbied hard against Alito's nomination. Like Roberts, however, Alito deflected the opposition by disclaiming any ideological agenda. The Senate vote of 58–42 was closer than for Roberts and almost completely along party lines, but Alito won confirmation and took his seat in time for the Court's February 2006 calendar of cases.
By the end of the term, Roberts and Alito had cast conservative votes in almost all of the Court's divided cases. Yet Roberts also held the justices together in an unusually high percentage of unanimous decisions—almost half. Overall, the Roberts Court seemed to be charting a course of judicial restraint that left conservatives pleased and liberals wary. But the Court's sixty-nine signed decisions, the lowest total in fifty years, lacked the drama of previous terms.
In the term's most important ruling, however, the Court showed once again the power of judicial review by blocking the policies President Bush had adopted after the September 11, 2001, attacks of detaining suspected “enemy combatants” for trials before specially established military tribunals. By a 5–3 vote, the Court held that the administration's policies violated U.S. military law as well as the Geneva Conventions, the international agreements governing the treatment of wartime captives. “The danger posed by international terrorism,” Justice John Paul Stevens wrote, “does not by itself justify dispensing with established procedure.”
The ruling had the effect of blocking a planned trial for Salim Ahmed Hamdan, who had served as driver and bodyguard for al-Qaida leader Osama bin Laden, the mastermind behind the September 11 attacks. Roberts had to sit out the Supreme Court case because he had ruled on it, in Bush's favor, as a judge on the D.C. Circuit Court of Appeals. But the outcome brought to mind Roberts's tribute to the Supreme Court's role in his opening statement nine months earlier as he faced the Senate Judiciary Committee.
Roberts recalled for the senators that as a private lawyer, he sometimes represented clients in cases against the United States—“the most powerful entity in the world.” And yet, Roberts said,
[A]ll I had to do was convince the Court that I was right on the law, and the Government was wrong, and all that power and might would recede in deference to the rule of law.
That is a remarkable thing. It is what we mean when we say that we are a Government of laws and not of men. It is that rule of law that protects the rights and liberties of all Americans. It is the envy of the world, because without the rule of law, any rights are meaningless.
The Supreme Court's role in defining those “rights and liberties” has been and remains controversial. Yet in a year when public confidence in the president and Congress has fallen sharply, Americans still generally trust and respect the Court. That too is a remarkable thing.
Kenneth JostNovember 2006
List of Entries
- Administrative Assistant to the Chief Justice
- Administrative Office of the U.S. Courts
- Affirmative Action
- Alito, Samuel A., Jr.
- Amending Process
- American Bar Association
- Amicus Curiae
- Appointment and Removal Power
- Arms, Right to Bear
- Assembly, Freedom of
- Assigning Opinions
- Associate Justices
- Association, Freedom of
- Attainder, Bill of
- Attorney General
- Background of Justices
- Baker v. Carr
- Baldwin, Henry
- Barbour, Philip P.
- Bar of the Supreme Court
- Bill of Rights
- Black, Hugo L.
- Blackmun, Harry A.
- Blair, John, Jr.
- Blatchford, Samuel
- Bradley, Joseph P.
- Brandeis, Louis D.
- Brennan, William J., Jr.
- Brewer, David J.
- Breyer, Stephen G.
- Brown, Henry B.
- Brown v. Board of Education
- Burger, Warren E.
- Burton, Harold H.
- Bush v. Gore
- Butler, Pierce
- Byrnes, James F.
- Calhoun, John C.
- Campaigns and Elections
- Campbell, John A.
- Capital Punishment
- Cardozo, Benjamin N.
- Case Law
- Case or Controversy Rule
- Catron, John
- Chase, Salmon P.
- Chase, Samuel
- Chief Justice
- Child Labor
- Circuit Riding
- Civil Liberties
- Civil Rights
- Civil War Amendments
- Clark, Tom C.
- Clarke, John H.
- Class Action
- Clay, Henry
- Clerk of the Court
- Clifford, Nathan
- Commerce Power
- Common Law
- Concurring Opinions
- Confirmation Process
- Congress and the Court
- Congressional Immunity
- Constitutional Law
- Contempt of Court
- Contract Clause
- Cost of Supreme Court
- Counsel, Right to Legal
- Court Packing
- Courts, Lower
- Courts, Powers of
- Criminal Law and Procedure
- Cruel and Unusual Punishment
- Curator's Office
- Currency Powers
- Curtis, Benjamin R.
- Cushing, William
- Daniel, Peter V.
- Davis, David
- Davis, John W.
- Day, William R.
- Death Penalty
- Decision Days
- De Facto, De Jure
- Disability Rights
- Dissenting Opinions
- District Courts
- Diversity Jurisdiction
- Double Jeopardy
- Douglas, William O.
- Draft Law Cases
- Dred Scott Case
- Due Process
- Duvall, Gabriel
- Education and the Court
- Eighth Amendment
- Elections and the Court
- Electronic Surveillance
- Ellsworth, Oliver
- Eminent Domain
- Equal Protection
- Exclusionary Rule
- Executive Privilege and Immunity
- Ex Parte
- Ex Post Facto
- Extrajudicial Activities
- Fair Trial
- Federal Judicial Center
- Field, Stephen J.
- Fifteenth Amendment
- Fifth Amendment
- First Amendment
- Flag Salute Cases
- Foreign Affairs
- Fortas, Abe
- Fourteenth Amendment
- Fourth Amendment
- Frankfurter, Felix
- Freedom of Assembly
- Freedom of Association
- Freedom of Press
- Freedom of Religion
- Freedom of Speech
- Fuller, Melville W.
- Garland, Augustus H.
- Gay Rights
- Gibbons v. Ogden
- Gideon v. Wainwright
- Ginsburg, Ruth Bader
- Goldberg, Arthur J.
- Grand Jury
- Gray, Horace
- Grier, Robert C.
- Habeas Corpus
- Hamilton, Alexander
- Harlan, John Marshall
- Harlan, John Marshall
- Historical Society, Supreme Court
- Holmes, Oliver Wendell, Jr.
- Housing the Court
- Hughes, Charles Evans
- Hunt, Ward
- Impeachment of Justices
- Income Tax
- Incorporation Doctrine
- In Forma Pauperis
- Intellectual Property
- International Law
- Internment Cases
- Interstate Commerce
- Iredell, James
- Jackson, Andrew
- Jackson, Howell E.
- Jackson, Robert H.
- Jay, John
- Jefferson, Thomas
- Job Discrimination
- Johnson, Thomas
- Johnson, William
- Judgment of the Court
- Judicial Activism
- Judicial Conference of the United States
- Judicial Power
- Judicial Restraint
- Judicial Review
- Kennedy, Anthony M.
- Lamar, Joseph R.
- Lamar, Lucius Q.C.
- Law Clerks
- Legal Office of the Court
- Legal System in America
- Legal Tender Cases
- Legislative Veto
- Library of the Court
- Lincoln, Abraham
- Livingston, H. Brockholst
- Loyalty Oaths
- Lurton, Horace H.
- Majority Opinion
- Mandatory Jurisdiction
- Marbury v. Madison
- Marshal of the Court
- Marshall, John
- Marshall, Thurgood
- Matthews, Stanley
- McCulloch v. Maryland
- McKenna, Joseph
- McKinley, John
- McLean, John
- McReynolds, James C.
- Merits, On the
- Miller, Samuel F.
- Minton, Sherman
- Miranda v. Arizona
- Moody, William H.
- Moore, Alfred
- Murphy, Frank
- Nelson, Samuel
- New York Times Co. v. Sullivan
- New York Times Co. v. United States
- Nixon, Richard
- Nomination to the Court
- Oaths of Office
- Obiter Dictum
- Obscenity and Indecency
- O'Connor, Sandra Day
- Official Immunity
- Open Housing
- Operations of the Court
- Original Intent
- Original Jurisdiction
- Packing the Court
- Parochial Schools, Aid to
- Paterson, William
- Pay and Perquisites
- Peckham, Rufus W.
- Pentagon Papers Case
- Per Curiam Opinion
- Personal Papers
- Petition, Right of
- Pitney, Mahlon
- Plea Bargaining
- Plessy v. Ferguson
- Plurality Opinion
- Police Power
- Political Question
- Politics and the Court
- Powell, Lewis F., Jr.
- The President and the Court
- Press, Freedom of
- Prima Facie
- Privacy, Right of
- Probable Cause
- Property Rights
- Public Accommodations
- Public Information Office
- Public Opinion and the Court
- Ratings of Justices
- Reagan, Ronald
- Reapportionment and Redistricting
- Reed, Stanley F.
- Rehnquist, William H.
- Religion, Freedom of
- Removal of Cases
- Reporter of Decisions
- Restraint, Judicial
- Reversals of Earlier Rulings
- Reversals of Rulings by Constitutional Amendment
- Reversals of Rulings by Legislation
- Review, Judicial
- Right to Bear Arms
- Roberts, John G., Jr.
- Roberts, Owen J.
- Roe v. Wade
- Roosevelt, Franklin D.
- Rutledge, John
- Rutledge, Wiley B.
- Sanford, Edward T.
- Scalia, Antonin
- Schedule of Arguments and Conferences
- School Desegregation
- School Prayer
- Scottsboro Cases
- Scott v. Sandford
- Seal of the Supreme Court
- Search and Seizure
- Second Amendment
- Sedition Laws
- Selective Service Rulings
- Sentencing Guidelines
- Separate but Equal
- Separation of Powers
- Seventh Amendment
- Sex Discrimination
- Shiras, George, Jr.
- Sixteenth Amendment
- Sixth Amendment
- Size of the Court
- Slaughterhouse Cases
- Slavery and the Court
- Solicitor General
- Souter, David H.
- Speech, Commercial
- Speech, Freedom of
- Speedy Trial, Right to
- Spending Powers
- Standing to Sue
- Stare Decisis
- States and the Court
- Steel Seizure Cases
- Stevens, John Paul
- Stewart, Potter
- Stone, Harlan Fiske
- Story, Joseph
- Strict Construction
- Strong, William
- Students' Rights
- Summary Judgment
- Supremacy Clause
- Supreme Court Building
- Sutherland, George
- Swayne, Noah H.
- Taft, William Howard
- Takings Clause
- Taney, Roger B.
- Taxing Power
- Temporary Restraining Order
- Tenth Amendment
- Term Limits
- Term of the Court
- Test Case
- Thirteenth Amendment
- Thomas, Clarence
- Thompson, Smith
- Three-Judge Court
- Todd, Thomas
- Tort Law
- Traditions of the Court
- Travel, Right to
- Treaty Power
- Trimble, Robert
- Twenty-fourth Amendment
- Twenty-seventh Amendment
- Twenty-sixth Amendment
- Unconstitutional Statutes
- United States Reports
- Van Devanter, Willis
- Veto, Legislative
- Veto Power
- Vinson, Frederick M.
- Voting Rights
- Waite, Morrison R.
- War Powers
- Warren, Earl
- Washington, Bushrod
- Wayne, James M.
- Webster, Daniel
- White, Byron R.
- White, Edward D.
- Whittaker, Charles E.
- Wilson, James
- Woodbury, Levi
- Woods, William B.
- Workload of the Court
- Writing Opinions
- Youngstown Sheet and Tube Co. v. Sawyer
AppendixSupreme Court Nominations, 1789-2005
AppendixAppendixSeat Chart of the Justices
AppendixConstitution of the United StatesConstitution of the United States
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Section 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
Section 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.
No Person shall be a Representative who shall not have attained to the age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.
[Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.]1 The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.
When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.
Section 3. The Senate of the United States shall be composed of two Senators from each State, [chosen by the Legislature thereof,]1 for six Years; and each Senator shall have one Vote.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; [and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.]1
No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.
The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.
The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
Section 4. The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.
The Congress shall assemble at least once in every Year, and such Meeting shall [be on the first Monday in December],1 unless they shall by Law appoint a different Day.
Section 5. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.
Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.
Section 6. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.
Section 7. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same [Page 565]shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
Section 8. The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatso-ever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 9. The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
No Bill of Attainder or ex post facto Law shall be passed.
No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.1
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.
Section 10. No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.
No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.
Section 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
[The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the list the said House shall in like Manner chuse the President. But in chusing the President, the Votes [Page 567]shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.]1
The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office,1 the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be encreased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Section2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by grant-ing Commissions which shall expire at the End of their next Session.
Section 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Section 4. The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Section 1. The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Section 2. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State;—between Citizens of different States;—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.1
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Section3. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
Section 1. Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
Section 2. The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
[No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.]1
Section 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.
Section 4. The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the [Page 569]Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided [that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and]1 that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth. IN WITNESS whereof We have hereunto subscribed our Names,
George Washington,President and deputy from Virginia.
[The language of the original Constitution, not including the Amendments, was adopted by a convention of the states on September 17, 1787, and was subsequently ratified by the states on the following dates: Delaware, December 7, 1787; Pennsylvania, December 12, 1787; New Jersey, December 18, 1787; Georgia, January 2, 1788; Connecticut, January 9, 1788; Massachusetts, February 6, 1788; Maryland, April 28, 1788; South Carolina, May 23, 1788; New Hampshire, June 21, 1788.
Ratification was completed on June 21, 1788.
The Constitution subsequently was ratified by Virginia, June 25, 1788; New York, July 26, 1788; North Carolina, November 21, 1789; Rhode Island, May 29, 1790; and Vermont, January 10, 1791.]
(First ten amendments ratified December 15, 1791.)
Congress shall make no law respecting an establishment of religion, or prohibiting the free [Page 570]exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Amendment XI (Ratified February7, 1795)
The Judicial power of the United States shall not be construed to extend to any suit in law or [Page 571]equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
Amendment XII (Ratified June15, 1804)
The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;—The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;—The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.—]1 The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
Amendment XIII (Ratified December6, 1865)
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
Amendment XIV (Ratified July9, 1868)
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,1 and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be [Page 572]reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Amendment XV (Ratified February3, 1870)
Section1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.
Section2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment XVI (Ratified February3, 1913)
The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.
Amendment XVII (Ratified April8, 1913)
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
[Amendment XVIII (Ratified January16, 1919)
Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.
Section 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.]1
Amendment XIX (Ratified August18, 1920)
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.
Congress shall have power to enforce this article by appropriate legislation.
Amendment XX (Ratified January23, 1933)
Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Section2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Section 3.14 If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.
Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.
Amendment XXI (Ratified December5, 1933)
Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed.
Section 2. The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.
Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
Amendment XXII (Ratified February27, 1951)
Section 1. No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
Section 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
Amendment XXIII (Ratified March29, 1961)
Section 1. The District constituting the seat of Government of the United States shall appoint in such manner as the Congress may direct:
A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment XXIV (Ratified January23, 1964)
Section 1. The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment XXV (Ratified February10, 1967)
Section 1. In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Section 2. Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.
Section 3. Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.
Section 4. Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.
Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.
Amendment XXVI (Ratified July1, 1971)
Section 1. The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
Amendment XXVII (Ratified May 7 á 1992)
No law varying the compensation for the services of the Senators and Representatives shall take effecta until an election of Representatives shall have intervened.
Source: U.S. Congress, House, Committee on the Judiciary, The Constitution of the United States of America, as Amended, 100th Cong., 1st sess., 1987, H Doc 100–94.Notes
The part in brackets was changed by section 2 of the Fourteenth Amendment.
The part in brackets was changed by the first paragraph of the Seventeenth Amendment.
The part in brackets was changed by the second paragraph of the Seventeenth Amendment.
The part in brackets was changed by section 2 of the Twentieth Amendment.
The Sixteenth Amendment gave Congress the power to tax incomes.
The material in brackets was superseded by the Twelfth Amendment.
This provision was affected by the Twenty-fifth Amendment.
These clauses were affected by the Eleventh Amendment.
This paragraph was superseded by the Thirteenth Amendment.
The part in brackets was superseded by section 3 of the Twentieth Amendment.
See the Nineteenth and Twenty-sixth Amendments.
This amendment was repealed by section 1 of the Twenty-first Amendment.
See the Twenty-fifth Amendment.
AppendixAppendixOnline Sources of Decisions
By using the Internet, one can read the full text of Supreme Court decisions and listen to oral arguments from historic cases. The following sites are some of the best.U.S. Supreme Court Web site
The U.S. Supreme Court's Web site opened April 17, 2000. Opinions are available the day they are handed down, although the Cornell University or FindLaw sites are often quicker. In addition to opinions, the site contains basic information about the Court and its operations: rules, argument calendars, bar admission forms, visitors' guides, and a small number of photographs and historical materials.Cornell Legal Information Institute
Although several Internet sites provide Supreme Court opinions, the Cornell Legal Information Institute is a popular choice because it is so easy to use.
Cornell offers the full text of all Supreme Court decisions from May 1990 to the present. Decisions are posted the same day the Court releases them and can be accessed by using the name of the first party, the name of the second party, keyword, date, and other variables.
The site also provides nearly 600 historic Supreme Court decisions dating back to the Court's beginnings on such topics as school prayer, abortion, administrative law, copyright, patent law, and trademarks. Cases can be accessed by topic, party name, or opinion author.
The site also has the full text of the Supreme Court Rules, the Court calendar for the current term, the schedule of oral arguments, biographical data about current and former justices, and a glossary of legal terms.liibulletin
Send an email message to listserv http://listserv.law.cornell.edu
The liibulletin is a free mailing list that alerts subscribers when new Supreme Court decisions are placed on the Internet. The list provides syllabi of new decisions, in addition to instructions about how to obtain the full text. Cornell Law School's Legal Information Institute operates the site.
To subscribe, send an email message to listserv http://listserv.law.cornell.edu and leave the subject line blank. In the message area type: subscribe liibulletin firstname lastname, where firstname and lastname are replaced by your first and last names.Oyez Oyez Oyez: A U.S. Supreme Court Database
This site offers recordings of oral arguments from about 1,000 Supreme Court cases. The site is operated by Northwestern University, and the recordings are digitized from tapes in the National Archives.
Listening to the cases requires RealAudio software. Oyez offers a link to another Internet site where the software can be downloaded for free.
The database can be searched by title, citation, subject, and date. For each case, the site provides recordings of oral arguments and text listing the facts of the case, the constitutional question involved, and the Court's conclusion.
Oyez also provides brief biographies of all current and former justices and a virtual tour of the Supreme Court building.FindLaw
This site provides the full text of all Supreme Court decisions from 1893 to the present. The database can be browsed by year and U.S. Reports volume number, and it also can be searched by citation, case title, and keywords. The decisions are in HTML format, and many have hyperlinks to citations from previous decisions.
The site also offers the full text of the U.S. Constitution, with annotations by the Congressional Research Service, and links to cited Supreme Court cases. FindLaw, a legal publisher, operates the site.FedWorld/FLITE Supreme Court Decisions
FedWorld's database contains the full text of all Supreme Court decisions issued between 1937 and 1975. The database was originally compiled by the U.S. Air Force and has been placed online by the National Technical Information Service.
The more than 7,000 decisions are from volumes 300 to 422 of U.S. Reports. They can be searched by case name and keyword. The decisions are provided in ASCII text format.
AppendixSelected BibliographyMajor References
Cushman, Clare, ed. The Supreme Court Justices: Illustrated Biographies, 1789–1995. 2d ed. Washington, D.C.: Congressional Quarterly, 1996.
Epstein, Lee, Jeffrey A. Segal, Harold J. Spaeth, and Thomas W. Walker. The Supreme Court Compendium: Data, Decisions, and Developments. 4th ed. Washington, D.C.: CQ Press, 2007.
Farrand, Max. The Records of the Federal Convention of 1787. 4 vols. Rev. ed. New Haven: Yale University Press, 1966.
Finkelman, Paul, and Melvin I. Urofsky. Landmark Decisions of the United States Supreme Court. Washington, D.C.: CQ Press, 2003.
Freund, Paul A., and Stanley N. Katz, gen. eds. History of the Supreme Court of the United States. Vol. 1, Antecedents and Beginnings to 1801, by Julius Goebel Jr., 1971; Vol. 2, Foundations of Power: John Marshall, 1801–1815, by George L. Haskins and Herbert A. Johnson, 1981; Vols. 3 and 4, The Marshall Court and Cultural Change, 1815–1835, by G. Edward White, 1988; Vol. 5, The Taney Period, 1836–1864, by Carl B. Swisher, 1974; Vol. 6, Reconstruction and Reunion, 1864–1888, Part One, by Charles Fairman; Vol. 7, Reconstruction and Reaction, 1864–1888, Part Two, by Charles Fairman, 1987; Vol. 8, Troubled Beginnings of the Modern State, 1888–1910, by Owen M. Fiss, 1993; Vol. 9, The Judiciary and Responsible Government, 1910–1921, by Alexander M. Bickel and Benno C. Schmidt Jr., 1984. New York: Macmillan.
Friedman, Leon, and Fred L. Israel, eds. Justices of the United States Supreme Court, 1789–1991:Their Lives and Major Opinions. 5 vols. Rev. ed. New York: Chelsea House, 1969–1995.
Hall, Kermit L., ed. The Oxford Guide to United States Supreme Court Decisions. New York: Oxford University Press, 1999.
Hall, Kermit L., James W. Ely Jr., and Joel B. Grossman, eds. The Oxford Companion to the Supreme Court of the United States. 2d ed. New York: Oxford University Press, 2005.
Irons, Peter H., and Howard Zinn. A People's History of the Supreme Court. New York: Viking, 1999.
Jost, Kenneth. CQ Supreme Court Yearbook Online Edition. CQ Electronic Library. http://library.cqpress.com/scyb. Washington, D.C.: CQ Press, annual updates.
Kurland, Philip B., and Gerhard Casper. Landmark Briefs and Arguments in the Supreme Court of the United States. Bethesda, Md.: University Publications, series.
Marcus, Maeva, ed. The Documentary History of the Supreme Court of the United States. New York: Columbia University Press, 1985–1992.
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Benson, Paul R., Jr. The Supreme Court and the Commerce Clause, 1937–1970. New York: Dunellen, 1970.
Bork, Robert H. The Antitrust Paradox: A Policy at War With Itself. New York: Basic Books, 1978.
Cortner, Richard C. The Iron Horse and the Constitution: Railroads and the Transformation of the Fourteenth Amendment. Westport, Conn.: Greenwood Press, 1993.
———. The Jones & Laughlin Case. New York: Knopf, Borzoi Books, 1970.
Corwin, Edward S. The Commerce Power versus States Rights. Princeton, N.J.: Princeton University Press, 1959.
Coyle, Dennis J. Property Rights and the Constitution. Albany: State University of New York Press, 1993.
Edling, Max M. A Revolution in Favor of Government: Origins of the U.S. Constitution and the Making of the American State. New York: Oxford University Press, 2003.
Epstein, Richard A. Takings. Cambridge, Mass.: Harvard University Press, 1985.
Frankfurter, Felix. The Commerce Clause Under Marshall, Taney and Waite. Chapel Hill: University of North Carolina Press, 1937.
Gellman, Howard. The Constitution Besieged: The Rise and Demise of Lochner Era Police Powers Jurisprudence. Durham, N.C.: Duke University Press, 1993.
Kens, Paul. Lochner v. New York: Economic Regulation on Trial. Lawrence: University Press of Kansas, 1998.
Kutler, Stanley. Privilege and Creative Destruction: The Charles River Bridge Case. Philadelphia: J. B. Lippincott, 1971.
Labbé, Ronald M., and Jonathan Lurie. The Slaughterhouse Cases: Regulation, Reconstruction, and the Fourteenth Amendment. Lawrence: University Press of Kansas, 2003.
Lieberman, Elias. Unions Before the Bar. New York: Harper and Row, 1950.
Miller, Arthur Selwyn. The Supreme Court and American Capitalism. New York: Free Press, 1968.
Peritz, Rudolph J. R. Competition Policy in America, 1888–1992: History, Rhetoric, Law. New York: Oxford University Press, 1996.
Siegan, Bernard H. Economic Liberties and the Constitution. Chicago: University of Chicago Press, 1981.
Stites, Francis N. Private Interest and Public Gain: The Dartmouth College Case. Amherst: University of Massachusetts Press, 1972.
Twiss, Benjamin R. Lawyers and the Constitution: How Laissez Faire Came to the Supreme Court. Princeton, N.J.: Princeton University Press, 1942.
Wood, Stephen. Constitutional Politics in the Progressive Era: Child Labor and the Law. Chicago: University of Chicago Press, 1968.Civil Rights and Civil Liberties
Abraham, Henry J., and Barbara A. Perry, Freedom and the Court: Civil Rights and Liberties in the United States. 8th ed. Lawrence: University Press of Kansas, 2003.
Baker, Thomas E., and John F. Stack Jr., eds. At War with Civil Rights and Civil Liberties. Lanham, Md.: Rowman and Littlefield, 2005.
Ball, Howard. The Bakke Case: Race, Education, and Affirmative Action. Lawrence: University Press of Kansas, 2000.
———. Murder in Mississippi: United States v. Price and the Struggle for Civil Rights. Lawrence: University Press of Kansas, 2004.
Bell, Derrick. Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform. New York: Oxford University Press, 2004.
Brant, Irving. The Bill of Rights: Its Original Meaning. Indianapolis: Bobbs-Merrill, 1965.
Claude, Richard. The Supreme Court and the Electoral Process. Baltimore: Johns Hopkins University Press, 1970.
Cottrol, Robert J., Raymond T. Diamond, and Leland B. Ware. Brown v. Board of Education: Caste, Culture, and the Constitution. Lawrence: University Press of Kansas, 2003.
Cushman, Clare, ed. Supreme Court Decisions and Women's Rights. Washington, D.C.: CQ Press, 2001.
Cushman, Clare, and Melvin I. Urofsky, eds. Black, White, and Brown: The Landmark School Desegregation Case in Retrospect. Washington, D.C.: CQ Press, 2004.
Dorsen, Norman. Discrimination and Civil Rights. Boston: Little, Brown, 1969.
Fehrenbacher, Don E. The Dred Scott Case: Its Significance in American Law and Politics. New York: Oxford University Press, 1978.
Fellman, David. The Constitutional Right of Association. Chicago: University of Chicago Press, 1963.
Galloway, Russell W. Justice for All? The Rich and Poor in Supreme Court History, 1790–1990. Durham, N.C.: Carolina Academic Press, 1991.
Garrow, David J. Liberty and Sexuality: The Right of Privacy and the Making of Roe v. Wade. New York: Macmillan, 1994.
Gerstmann, Evan. Same-Sex Marriage and the Constitution. New York: Cambridge University Press, 2004.
Glendon, Mary Ann. Rights Talk. New York: Free Press, 1991.
Graglia, Lino A. Disaster by Decree: The Supreme Court's Decisions on Race and the Schools. Ithaca: Cornell University Press, 1976.
Graham, Hugh D. The Civil Rights Era: Origins and Development of National Policy. New York: Oxford University Press, 1992.
Greenawalt, Kent. Discrimination and Reverse Discrimination. New York: Knopf, 1983.
Guggenheim, Martin, and Alan Sussman. The Rights of Young People. New York: Bantam Books, 1985.
Hand, Learned. The Bill of Rights. New York: Atheneum, 1964.
Harris, Richard. Freedom Spent. Boston: Little, Brown, 1974.
Hasen, Richard L. The Supreme Court and Election Law: Judging Equality from Baker v. Carr to Bush v. Gore. New York: New York University Press, 2003.
Hull, N.E.H., and Peter Charles Hoffer. Roe v. Wade: The Abortion Rights Controversy in American History. Lawrence: University Press of Kansas, 2001.
Hyman, Harold M., and William M. Weicek. Equal Justice Under Law. New York: Harper and Row, 1982.
Irons, Peter. The Courage of Their Convictions: Sixteen Americans Who Fought Their Way to the Supreme Court. New York: Free Press, 1988.
Johnson, John W. Griswold v. Connecticut: Birth Control and the Constitutional Right to Privacy. Lawrence: University Press of Kansas, 2005.
Kahlenberg, Richard D. The Remedy: Class, Race, and Affirmative Action. New York: Basic Books, 1996.
Kersch, Ken I. Constructing Civil Liberties: Discontinuities in the Development of American Constitutional Law. New York: Cambridge University Press, 2004.
Klarman, Michael J. From Jim Crow to Civil Rights: The Supreme Court and the Struggle for Racial Equality. New York: Oxford University Press, 2004.
Kluger, Richard. Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality. New York: Knopf, 1976.
Kull, Andrew. The Color-Blind Constitution. Cambridge, Mass.: Harvard University Press, 1992.
Lawrence, Charles R., III, and Mari Matsuda. We Won't Go Back: Making the Case for Affirmative Action. Boston: Houghton Mifflin, 1997.
Luker, Kristin. Abortion and the Politics of Motherhood. Berkeley: University of California Press, 1984.
Morgan, Richard E. The Law and Politics of Civil Rights and Liberties. New York: Knopf, 1985.
Murdoch, Joyce, and Deb Price. Courting Justice: Gay Men and Lesbians v. the Supreme Court. New York: Basic Books, 2001.
Raskin, Jamin B. We the Students: Supreme Court Cases for and about Students. 2d ed. Washington, D.C.: CQ Press, 2003.
Rehnquist, William H., All the Laws but One: Civil Liberties in Wartime. New York: Knopf, 1998.
Romero, Victor C. Alienated: Immigrant Rights, the Constitution, and Equality in America. New York: New York University Press, 2005.
Ross, Susan Deller, and Ann Barcher. The Rights of Women: The Basic ACLU Guide to Women's Rights. 3d ed. Carbondale: Southern Illinois University Press, 1993.
Rubin, Eva, ed. The Abortion Controversy: A Documentary History. Westport, Conn.: Greenwood Press, 1994.
———. Abortion, Politics, and the Courts: Roe v. Wade and Its Aftermath. New York: Greenwood Press, 1987.
Schwartz, Bernard. Behind Bakke: Affirmative Action and the Supreme Court. New York: New York University Press, 1988.
Skrentny, John D. The Minority Rights Revolution. Cambridge, Mass.: Harvard University Press, Belknap Press, 2002.
Smith, Christopher E. Courts and the Poor. Chicago: Nelson-Hall, 1991.
Spann, Girardeau A. The Law of Affirmative Action: Twenty-five Years of Supreme Court Decisions on Race and Remedies. New York: New York University Press, 2000.
Stampp, Kenneth M. The Era of Reconstruction, 1865–1877. New York: Knopf, 1965.
Steiner, Gilbert. The Abortion Dispute and the American System. Washington, D.C.: Brookings, 1983.
Strong, Frank R. Substantive Due Process of Law: A Dichotomy of Sense and Nonsense. Durham, N.C.: Carolina Academic Press, 1986.
Tribe, Laurence H. Abortion: The Clash of Absolutes. Rev. ed. New York: Norton, 1992.
Tucker, D. F. B. The Rehnquist Court and Civil Rights. Brookfield, Vt.: Dartmouth, 1995.
Tushnet, Mark, ed. The Constitution in Wartime: Beyond Alarmism and Complacency. Durham, N.C.: Duke University Press, 2005.
Valelly, Richard, ed. The Voting Rights Act: Securing the Ballot. Washington, D.C.: CQ Press, 2006.
Vose, Clement E. Caucasians Only: The Supreme Court, the NAACP, and the Restrictive Covenant Cases. Berkeley: University of California Press, 1959.
Walker, Samuel. In Defense of American Liberties: A History of the ACLU. New York: Oxford University Press, 1990.
White, Welsh S. Miranda's Warning Protections: Police Interrogation Practices after Dickerson. Ann Arbor: University of Michigan Press, 2001.
Wilkinson, J. Harvie, III. From Brown to Bakke: The Supreme Court and School Integration. New York: Oxford University Press, 1979.
Zelden, Charles L. The Battle for the Black Ballot: Smith v. Allwright and the Defeat of the Texas All-White Primary. Lawrence: University Press of Kansas, 2004.Criminal Justice
Ahranjani, Maryam, Andrew G. Ferguson, and Jamin B. Raskin. Youth Justice in America. Washington, D.C.: CQ Press, 2005.
Baker, Liva. Miranda: Crime, Law and Politics. New York: Atheneum, 1983.
Bedau, Hugo Adam. The Death Penalty in America. 2d ed. New York: Oxford University Press, 1982.
———, ed. The Death Penalty in America: Current Controversies. New York: Oxford University Press, 1997.
Berger, Mark. Taking the Fifth: The Supreme Court and the Privilege Against Self-Incrimination. Lexington, Mass.: Lexington Books, 1980.
Cortner, Richard C. The Supreme Court and the Second Bill of Rights. Madison: University of Wisconsin Press, 1980.
Duker, William F. A Constitutional History of Habeas Corpus. Westport, Conn.: Greenwood Press, 1980.
Fellman, David. The Defendant's Rights Today. Madison: University of Wisconsin Press, 1976.
Fisher, Edward C. Search and Seizure. Evanston, Ill.: Northwestern University Press, 1970.
Fliter, John A. Prisoners' Rights: The Supreme Court and Evolving Standards of Decency. Westport, Conn.: Greenwood Press, 2001.
Graham, Fred P. The Due Process Revolution: The Warren Court's Impact on Criminal Law. Rochelle Park, N.J.: Hayden, 1979.
———. The Self-Inflicted Wound. New York: Macmillan, 1970.
Griswold, Erwin N. Search and Seizure: A Dilemma of the Supreme Court. Lincoln: University of Nebraska Press, 1975.
Heller, Francis H. The Sixth Amendment to the Constitution of the United States. Lawrence: University of Kansas Press, 1951.
Landynski, Jacob W. Search and Seizure and the Supreme Court. Baltimore: Johns Hopkins University Press, 1966.
Levy, Leonard. Against the Law: The Nixon Court and Criminal Justice. New York: Harper and Row, 1974.
Lewis, Anthony. Gideon's Trumpet. New York: Vintage, 1964.
Long, Carolyn N. Mapp v. Ohio: Guarding against Unreasonable Searches and Seizures. Lawrence: University Press of Kansas, 2006.
Medalie, Richard J. From Escobedo to Miranda: The Anatomy of a Supreme Court Decision. Washington, D.C.: Lerner Law Book Co., 1966.
Meltsner, Michael. Cruel and Unusual: The Supreme Court and Capital Punishment. New York: Random House, 1973.
Schlesinger, Steven R. Exclusionary Injustice. New York: Marcel Dekker, 1977.
White, Welsh S. The Death Penalty in the Eighties: An Examination of the Modern System of Capital Punishment. Ann Arbor: University of Michigan Press, 1987.
Zotti, Priscilla H. Machado. Injustice for All: Mapp v. Ohio and the Fourth Amendment. New York: Peter Lang, 2005.Federalism and Separation of Powers
Ball, Howard. The Warren Court's Conceptions of Democracy: An Evaluation of the Supreme Court's Apportionment Cases. Rutherford, N.J.: Fairleigh Dickinson University Press, 1971.
Barnes, Jeb. Overruled? Legislative Overrides, Pluralism, and Contemporary Court-Congress Relations. Stanford, Calif.: Stanford University Press, 2004.
Berger, Raoul. Congress v. the Supreme Court. Cambridge, Mass.: Harvard University Press, 1969.
———. Executive Privilege: A Constitutional Myth. Cambridge, Mass.: Harvard University Press, 1974.
Bland, Russell W. The Black Robe and the Bald Eagle: The Supreme Court and the Foreign Policy of the United States. San Francisco: Austin and Winfield, 1997.
Dershowitz, Alan M. Supreme Injustice: How the High Court Hijacked Election 2000. Oxford, New York: Oxford University Press, 2001.
Dixon, Robert G., Jr. Democratic Representation: Reapportionment in Law and Politics. New York: Oxford University Press, 1968.
Fisher, Louis. Constitutional Conflicts between Congress and the President. Princeton, N.J.: Princeton University Press, 1985.
———. Military Tribunals and Presidential Power: American Revolution to the War on Terrorism. Lawrence: University Press of Kansas, 2005.
———. Presidential War Power. 2d ed. Lawrence: University Press of Kansas, 2004.
Graham, Gene. One Man, One Vote: Baker v. Carr and the American Levelers. Boston: Little Brown, 1972.
Henkin, Louis. Foreign Affairs and the Constitution. New York: Foundation Press, 1972.
Kurland, Philip B. Watergate and the Constitution. Chicago: University of Chicago Press, 1978
Marcus, Maeva. Truman and the Steel Seizure Case: The Limits of Presidential Power. New York: Columbia University Press, 1977.
Murphy, Walter F. Congress and the Court: A Case Study in the American Political Process. Chicago: University of Chicago Press, 1962.
Pickerill, J. Mitchell. Constitutional Deliberation in Congress: The Impact of Judicial Review in a Separated System. Durham, N.C.: Duke University Press, 2004.
Polsby, Nelson W., ed. Reapportionment in the 1970s. Berkeley: University of California Press, 1971.
Posner, Richard A. Breaking Deadlock: The 2000 Election, the Constitution, and the Courts. Princeton, N.J.: Princeton University Press, 2001.
Raskin, Jamin B. Overruling Democracy: The Supreme Court vs. the American People. New York: Routledge, 2003.
Rossiter, Clinton. The Supreme Court and the Commander in Chief. Exp. ed. by Richard P. Longaker. Ithaca: Cornell University Press, 1976.
Schmidhauser, John R., and Larry L. Berg. The Supreme Court and Congress: Conflict and Interaction, 1945–1968. New York: Free Press, 1972.
———. The Supreme Court as Final Arbiter in Federal-State Relations, 1789–1957. Chapel Hill: University of North Carolina Press, 1958.
Scigliano, Robert. The Supreme Court and the Presidency. New York: Free Press, 1971.
Sunstein, Cass R., and Richard A. Epstein, eds. The Vote: Bush, Gore, and the Supreme Court. Chicago: University of Chicago Press, 2001.
Yoo, John C. The Powers of War and Peace: The Constitution and Foreign Affairs after 9/11. Chicago: University of Chicago Press, 2005.Freedom of Speech, Press, Religion
Chafee, Zechariah, Jr. Free Speech in the United States. Cambridge, Mass.: Harvard University Press, 1941.
Curry, Thomas. The First Freedoms. New York: Oxford University Press, 1986.
Dolbeare, Kenneth M., and Phillip E. Hammond. The School Prayer Decisions: From Court Policy to Local Practice. Chicago: University of Chicago Press, 1971.
Emerson, Thomas I. The System of Freedom of Expression. New York: Random House, 1970.
Epps, Garrett. To an Unknown God: Religious Freedom on Trial. New York: St. Martin's Press, 2001.
Friendly, Fred. Minnesota Rag: The Dramatic Story of the Landmark Supreme Court Case That Gave New Meaning to Freedom of the Press. New York: Random House, 1981.
Goldstein, Robert Justin. Flag Burning and Free Speech: The Case of Texas v. Johnson. Lawrence: University Press of Kansas, 2000.
Kurland, Philip B. Religion and the Law: Of Church and State and the Supreme Court. Chicago: Aldine, 1962.
Lawhorne, Clifton O. The Supreme Court and Libel. Carbondale: Southern Illinois University Press, 1981.
Levy, Leonard W. Emergence of a Free Press. New York: Oxford University Press, 1985.
———. The Establishment Clause: Religion and the First Amendment. New York: Macmillan, 1986.
Lewis, Anthony. Make No Law: The Sullivan Case and the First Amendment. New York: Random House, 1991.
McGarvie, Mark Douglas. One Nation Under Law: America's Early National Struggles to Separate Church and State. DeKalb: Northern Illinois University Press, 2004.
Morgan, Richard E. The Supreme Court and Religion. New York: Free Press, 1972.
Nelson, Harold L., ed. Freedom of the Press: From Hamilton to the Warren Court. Indianapolis: Bobbs-Merrill, 1967.
Peters, Shawn Francis. The Yoder Case: Religious Freedom, Education, and Parental Rights. Lawrence: University Press of Kansas, 2003.
Pfeffer, Leo. Religion, State, and the Burger Court. Buffalo: Prometheus, 1984.
Rudenstine, David. The Day the Presses Stopped: A History of the Pentagon Papers Case. Berkeley: University of California Press, 1996.
Schweber, Howard. Speech, Conduct, and the First Amendment. New York: Peter Lang, 2003.
Shapiro, Martin. Freedom of Speech: The Supreme Court and Judicial Review. Englewood Cliffs, N.J.: Prentice-Hall, 1966.
Smolla, Rodney A. Free Speech in an Open Society. New York: Knopf, 1992.
———. Jerry Falwell v. Larry Flynt: The First Amendment on Trial New York: St. Martin's, 1988.
Stone, Geoffrey R. Perilous Times: Free Speech in Wartime from the Sedition Act of 1798 to the War on Terrorism. New York: Norton, 2004.
Sunstein, Cass R. Democracy and the Problem of Free Speech. New York: Free Press, 1993.