James Madison Delivers on the Promise of Amendments
Madison’s Speech to the House Introducing Amendments
The Original Meaning of the Phrase “Rights . . . Retained by the People” in the Ninth Amendment
C. The Scope of Congressional Power: The Debate over the First National Bank
James Madison, Speech in Congress Opposing the National Bank
Opinion of Attorney General Edmund Randolph
Opinion of Secretary of State Thomas Jefferson
Opinion of Secretary of the Treasury Alexander Hamilton
D. Popular Sovereignty vs. State Sovereignty
Chisholm v. Georgia
The Eleventh Amendment
E. Fundamental Principles vs. Expressed Constraints
Calder v. Bull
Chapter 2: Foundational Cases on Constitutional Structure: The Marshall Court
A. The Judicial Power
Marbury v. Madison
Evidence of the Meaning of the “Judicial Power”
Judicial Review of State Statutes and State Supreme Court Decisions
B. The Necessary and Proper Clause
McCulloch v. Maryland
John Marshall, “A Friend of the Constitution,” Alexandria Gazette
James Madison, Letter to Judge Spencer Roane
James Madison, Letter to Charles J. Ingersoll
Andrew Jackson, Veto Message
C. The Commerce Clause
Gibbons v. Ogden
Evidence of the Original Meaning of the Word “Commerce”
D. Did the “Bill of Rights” Apply to the States?
Barron v. City of Baltimore
Chapter 3: Slavery and the Constitution
A. The Development of Slavery in America from 1619 to 1787
B. The Constitution’s Three Primary Concessions to Slavery
The First Compromise over Slavery: The Three- Fifths Clause
The Second Concession to Slavery: The Slave Trade Clause
The Third Concession to Slavery: The Fugitive Slave Clause
Antislavery Delegates Held the Line and Rejected the Concept of “Property in Man”
Why Compromise with Slaveholders?
The Growth of Slavery and Proslavery Ideology After Ratification
C. The Fugitive Slave Act of 1793
Salmon P. Chase Argued That the Fugitive Slave Act Was Unconstitutional
Speech of Salmon P. Chase, in the Case of the Colored Woman, Matilda, Who Was Brought Before the Court of Common Pleas of Hamilton County, Ohio, by Writ of Habeas Corpus
The Taney Court Upheld the Constitutionality of the Fugitive Slave Act
Prigg v. Pennsylvania
Constitutional Abolitionism: Rejecting the Framers’ Intent
The Constitutional Abolitionists Response to Prigg
Lysander Spooner, A Defense for Fugitive Slaves Against the Acts of Congress of February 12, 1793
Chapter 4: Enumerated Powers
A. The Chase Court
United States v. Dewitt
Hepburn v. Griswold
Knox v. Lee
Juilliard v. Greenman
B. Progressive Era Cases
United States v. E.C. Knight Co.
Champion v. Ames
Hammer v. Dagenhart
Schechter Poultry Corp. v. United States
C. The New Deal Court
The Substantial Effects Doctrine
NLRB v. Jones & Laughlin Steel Corp.
United States v. Darby
The Aggregation Principle
Wickard v. Filburn
Barry Cushman, Rethinking the New Deal Court: The Structure of a Constitutional Revolution
United States v. South- Eastern Underwriters
D. The Warren Court
Heart of Atlanta Motel v. United States
Katzenbach v. McClung
E. The Rehnquist Court
The Spending Power
South Dakota v. Dole
President James Madison, Veto of Federal Public Works Bill
The Commerce Clause and Necessary and Proper Clause
United States v. Lopez
United States v. Morrison
Gonzales v. Raich
F. The Roberts Court
The Commerce and Necessary and Proper Clauses
NFIB v. Sebelius
The Spending Power
NFIB v. Sebelius
Chapter 5: Federalism Limits on Congressional Power
A. The Tenth Amendment
The Rise and Fall of the Tenth Amendment on the Burger Court
The Rise of the Tenth Amendment on the Rehnquist Court
The Anti- Commandeering Doctrine
New York v. United States
Printz v. United States
B. The Eleventh Amendment
Hans v. State of Louisiana
C. Abrogating State Sovereign Immunity Through Article I Powers
Seminole Tribe of Florida v. Florida
D. Limiting the Enforcement Clause of the Fourteenth Amendment
City of Boerne v. Flores
E. Abrogating State Sovereign Immunity Through the Enforcement Clause
Allen v. Cooper
Chapter 6: Federalism Limits on State Power
A. The Dormant Commerce Clause
Willson v. Black Bird Creek Marsh Co.
Cooley v. Board of Wardens
South Carolina State Highway Department v. Barnwell Bros.
Hunt v. Washington State Apple Advertising Commission
Tyler Pipe v. Washington Department of Revenue
United Haulers Association v. Oneida- Herkimer Solid Waste Management Authority
B. The Privileges and Immunities Clause of Article IV
Hicklin v. Orbeck
Chapter 7: The Executive Power
A. A Single, Vigorous Executive
Alexander Hamilton, Federalist No. 70
B. The President’s Power to Suspend the Writ of Habeas Corpus
Ex parte Merryman
Abraham Lincoln, Message to Congress in Special Session
C. The Commander in Chief ’s Power to Use Military Force
The Prize Cases
D. The President’s Power to Expropriate Property in Time of War
The Power to Emancipate Slaves
Abraham Lincoln, Emancipation Proclamation, Washington, D.C.
Benjamin Curtis, Objections to Emancipation Proclamation
The Power to Seize Private Businesses
Youngstown Sheet & Tube Co. v. Sawyer
E. The President’s Domestic Powers When He Enters into Agreements with Other Nations
Dames & Moore v. Regan
F. The Power to Detain American Citizens Without Trial
Hirabayashi v. United States
Korematsu v. United States
Ex parte Endo
Chapter 8: The Separation of Powers
A. The Appointment and Removal Powers
Morrison v. Olson
Seila Law v. Consumer Finance Protection Bureau
National Labor Relations Board v. Noel Canning
B. Presidential Privileges and Immunities
Executive Privilege
United States v. Nixon
Presidential Immunity from Civil Suits
Clinton v. Jones
Trump v. Vance
Chapter 9: Advisory Opinions and the Political Question Doctrine
A. Prohibition of Advisory Opinions
B. The Political Question Doctrine
The Political Question Doctrine and the Guarantee Clause
Baker v. Carr
The Political Question Doctrine and Impeachment
Walter Nixon v. United States
The Political Question Doctrine and Foreign Policy
Zivotofsky ex rel. Zivotofsky v. Clinton
The Political Question Doctrine and Political Gerrymandering
Rucho v. Common Cause
Chapter 10: Standing, Ripeness, and Mootness
A. Standing
Allen v. Wright
Federal Election Commission v. Akins
Clapper v. Amnesty International USA
B. Ripeness
Doe v. Bush
C. Mootness
DeFunis v. Odegaard
Friends of the Earth v. Laidlaw Environmental Services
New York State Rifle and Pistol Association v. City of New York
