Chapter
Fourteenth Amendment, Section 5
Election Law (Poll Tax Abolition Enforcement)
Twenty-Fourth Amendment, Section 2
Article I, Section 4, Clause 1
Emolument, Office, or Title (Acceptance by Federal Official)
Article I, Section 9, Clause 8
Equal Protection Enforcement
Fourteenth Amendment, Section 5
Federal Courts (Creation and Regulation)
Article I, Section 8, Clause 9
Federal Courts (Exceptions to Jurisdiction)
Full Faith and Credit (Manner of Proving)
Article I, Section 9, Clause 2
Article I, Section 8, Clause 4
Interstate Travel Regulation
Article I, Section 8, Clause 3
Article I, Section 8, Clause 3
Letters of Marque and Reprisal
Article I, Section 8, Clause 11
Article I, Section 8, Clauses 14
Article I, Section 8, Clause 16
Militia Use to Suppress Insurrection or Repel Invasions
Article I, Section 8, Clause 15
Navy (Creation and Maintenance)
Article I, Section 8, Clause 13
Necessary and Proper Regulations to Effectuate Powers
Article I, Section 8, Clause 18
Article I, Section 8, Clause 8
Piracy, Crimes on the High Seas, and Offences Against Nations
Article I, Section 8, Clause 10
Article I, Section 8, Clause 7
Presidential and Vice-Presidential Disability Regulation
Article II, Section 1, Clause 6
Presidential Electors (Time of Vote Casting)
Article II, Section 1, Clause 4
Presidential Electors for District of Columbia
Twenty-Third Amendment, Section 2
Presidential Secession Regulation
Twentieth Amendment, Section 4
Presidential Vacancy and Disability Regulation
Twenty-Fifth Amendment, Section 4
Privileges or Immunities Enforcement
Fourteenth Amendment, Section 5
Property Regulation, Federal
Article IV, Section 3, Clause 2
Republican Form of State Government Guarantee
Rules of Each House (Providing for by Legislation)
Article I, Section 5, Clause 2
Slavery, Involuntary Servitude and Racial Discrimination
Thirteenth Amendment, Section 2
Article I, Section 8, Clause 1
State Admission to the Union
Article IV, Section 3, Clause 1
State Imposts and Duties (Congressional Consent)
Article I, Section 10, Clause 2
State Interstate or Foreign Compacts (Congressional Consent)
Article I, Section 10, Clause 3
States Duties (Congressional Consent)
Article I, Section 10, Clause 3
States Keeping Troops or Ships in Peace (Congressional Consent)
Article I, Section 10, Clause 3
Article I, Section 8, Clause 1
Article I, Section 8, Clause 1
Article IV, Section 3, Clause 2
Article III, Section 3, Clause 2
Voting Age Reduction Enforcement
Twenty-Sixth Amendment, Section 2
Voting Discrimination Regulation
Fifteenth Amendment, Section 2
Article I, Section 8, Clause 11
Women’s Suffrage Regulation
Nineteenth Amendment, Section 2
Chapter 3 THE ORIGINATION CLAUSE OF THE UNITED STATES CONSTITUTION: INTERPRETATION AND ENFORCEMENT*
THE CONSTITUTIONAL CONVENTION AND THE ORIGINATION CLAUSE
INTERPRETING THE ORIGINATION CLAUSE
ENFORCING THE ORIGINATION CLAUSE
OTHER LEGISLATION AND THE ORIGINATION CLAUSE
Appropriations Legislation
Chapter 4 PRESIDENTIAL SIGNING STATEMENTS: CONSTITUTIONAL AND INSTITUTIONAL IMPLICATIONS*
HISTORICAL USAGE AND CONSTITUTIONAL BASIS
A. Signing Statements in the Reagan Administration
B. Signing Statements in the George H.W. Bush Administration
C. Signing Statements in the Clinton Administration
D. Signing Statements in the George W. Bush Administration
E. Signing Statements in the Barack Obama Administration
LEGAL AND CONSTITUTIONAL IMPLICATIONS OF SIGNING STATEMENTS
SUBSTANTIALITY OF CONSTITUTIONAL OBJECTIONS
Direct Reporting Requirements
Legislative Veto Provisions
INSTITUTIONAL IMPLICATIONS OF SIGNING STATEMENTS
Statutory Construction and the Courts
Chapter 5 A BALANCED BUDGET CONSTITUTIONAL AMENDMENT: BACKGROUND AND CONGRESSIONAL OPTIONS*
The Call for a Balanced Budget Amendment
The Debate in Recent Decades
II. THE CONSTITUTIONAL AMENDMENT APPROACH
Concerns an Amendment Would Need to Address
III. CONGRESSIONAL CONSIDERATION OF PROPOSED CONSTITUTIONAL AMENDMENTS
Hearings on a Balanced Budget Amendment
Floor Consideration of Amendment Proposals
IV. A CONSTITUTIONAL CONVENTION
V. THE STATUTORY APPROACH
VI. ANALYSIS OF TYPICAL PROVISIONS OF PROPOSED BALANCED BUDGET AMENDMENTS
Super-Majority Requirements
Presidential Responsibility
Tax or Expenditure Limitations
APPENDIX A. COMPARISON OF DEFICIT PROJECTED IN PRESIDENTIAL BUDGET SUBMISSIONS AND ACTUAL AMOUNTS, FY1965-FY2010
APPENDIX B. LEGISLATIVE HISTORY OF THE BALANCED BUDGET PROVISION IN 31 U.S.C. 1103
Chapter 6 STATE AND LOCAL ECONOMIC SANCTIONS: CONSTITUTIONAL ISSUES*
TYPES OF STATE AND LOCAL ECONOMIC SANCTIONS
OVERVIEW OF CONSTITUTIONAL ISSUES
Intrusion into Foreign Affairs
FEDERAL JUDICIAL RULINGS ON STATE SANCTIONS (2000-PRESENT)
Crosby v. National Foreign Trade Council
American Insurance Association v. Garamendi
National Foreign Trade Council v. Giannoulias
Faculty Senate of Florida International University v. Winn
SOME ONGOING LEGAL AND PRACTICAL CONCERNS
RECENT FEDERAL ENACTMENTS
Sudan Accountability and Divestment Act
Comprehensive Iran Sanctions, Accountability, and Divestment Act
APPENDIX. STATE ENACTMENTS RELATING TO DIVESTMENT IN FOREIGN COUNTRIES
Chapter 7 THE CONSTITUTIONALITY OF REGULATING CORPORATE EXPENDITURES: A BRIEF ANALYSIS OF THE SUPREME COURT RULING IN CITIZENS UNITED V. FEC
Impact on Federal Campaign Finance Law
Chapter 8 FLAG PROTECTION: A BRIEF HISTORY AND SUMMARY OF SUPREME COURT DECISIONS AND PROPOSED CONSTITUTIONAL AMENDMENTS*
Chapter 9 FUNERAL PROTESTS: SELECTED FEDERAL LAWS AND CONSTITUTIONAL ISSUES*
CONSTITUTIONALITY OF THE FEDERAL FUNERAL PROTEST LAWS
Prohibition on Intentional Disturbance of a Military Funeral
Ample Alternative Speech Opportunities
Prohibition on Impeding Access to or Egress from Funeral Location
LEGISLATIVE OPTIONS AND PROPOSALS
Expanding the Buffer Zone
H.R. 961, The Safe Haven for Heroes Act of 2011
Chapter 10 CONSTITUTIONAL ANALYSIS OF SUSPICIONLESS DRUG TESTING REQUIREMENTS FOR THE RECEIPT OF GOVERNMENTAL BENEFITS*
FOURTH AMENDMENT OVERVIEW
Synthesis of Supreme Court Precedent
PRELIMINARY LOWER COURT OPINIONS ON THE MICHIGAN AND FLORIDA LAWS
The Challenged Michigan Law—Marchwinski v. Howard
The Challenged Florida Law—Lebron v. Wilkens
IMPLICATIONS FOR FUTURE FEDERAL OR STATE LEGISLATION
Chapter 11 SORRELL V. IMS HEALTH, INC.: THE CONSTITUTIONALITY OF RESTRICTIONS ON THE USE OF DATA FOR COMMERCIAL PURPOSES*
CONFLICTING APPEALS COURT DECISIONS
SORRELL V. IMS HEALTH, INC.
Chapter 12 ROTHE DEVELOPMENT CORPORATION V. DEPARTMENT OF DEFENSE: THE CONSTITUTIONALITY OF FEDERAL CONTRACTING PROGRAMS FOR MINORITY-OWNED AND OTHER SMALL BUSINESSES*
DOD’s Small Disadvantaged Business Program
The Facts Underlying the Rothe Litigation
The Constitutional Principles at Issue in Rothe
Prior Litigation in the Rothe Case
FEDERAL CIRCUIT’S DECISION FINDING SECTION 1207 UNCONSTITUTIONAL
DISTRICT COURT’S JUDGMENT PROHIBITING SECTION 1207 PROGRAMS FOR MINORITY-SERVING INSTITUTIONS
PROPOSED AMENDMENTS TO THE FAR
IMPLICATIONS OF THE ROTHE DECISION FOR FEDERAL SMALL-BUSINESS CONTRACTING PROGRAMS
Will Rothe Lead to a Decline in Federal Contracting with Minority-Owned Businesses?
What Effect Could Rothe Have on Other Minority Contracting Programs?
Overview of Existing Programs
Potential Vulnerability of Existing Programs
Technical Assistance and Outreach
Subcontracting Programs: 8(a), 8(d), Evaluation Factors, & Monetary Incentives
What Effect Could Rothe Have on Contracting Programs for Women-Owned Small Businesses?
What Effect Could Rothe Have on Other Contracting Programs for Small Businesses?
CONGRESS’S ROLE IN ESTABLISHING FUTURE PROGRAMS
The U.S. Constitution: Interpretations, Court Decisions and Analyses
( Government Procedures and Operations )
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