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GILLMAN, GRABER AND WHITTINGTON, AMERICAN CONSTITUTIONALISM
TABLE OF CONTESTS
TEXT AND WEB
BOLDED CASES ARE ON THE WEB
2.
The Colonial Era: Before 1776
I.
Introduction
II.
Foundations
A. Sources
i. Constitutions and Amendments
1. The English Bill of Rights
2. Massachusetts Body of Liberties
B. Principles
i. Winthrop, Little Speech on Liberty
ii. Locke, The Second Treatise of Civil Government
iii. The Putney Debates (classical republican political thought
iv. Blackstone, Commentaries on the Laws of England
v. Judicial Review
1. Bonham’s Case
2. Blackstone, Commentaries on the Laws of England
C. Scope
III.
Individual Rights
A. Property
B. Religion
i. Establishment
1. Blackstone, Offences Against God and Religion
2. Locke, A Letter Concerning Toleration
3. Williams, The Bloudy Tenent
4. Witherspoon, The Dominion of Providence over the Passions of Men
(why a liberal state should promote religion)
ii. Free Exercise
1. Ward, The Simple Cobler of Aggawam in America (the leading
colonial rejection of toleration)
2. Maryland Toleration Act
3. Penn, The Great Case of Liberty of Conscience
4. Legal Exemptions for Religious Believers
C. Guns
D. Personal Freedom and Public Morality
IV.
Democratic Rights
A. Free Speech
i. The Zenger Trial
B. Voting
C. Citizenship
i. Calvin’s Case (citizenship is determined by birth)
V.
Equality
A. Equality Under Law
B. Race
VI.
3.
i. Somerset v. Stewart (slavery is antithetical to the common law)
C. Gender
D. Native Americans
Criminal Justice
A. Due Process and Habeas Corpus
B. Search and Seizure
i. Wilkes v. Wood (general warrants are invalid at common law)
ii. Entick v. Carrington (cannot search a person’s private papers)
iii. Otis, Against Writs of Assistance (attack on general writs)
C. Interrogations
D. Juries and Lawyers
E. Punishments
The Founding Era: 1776-1791
I.
Introduction
II.
Foundations
A. Sources
i. Constitutions and Amendments
1. State Bills of Right
a. Virginia Declaration of Rights
b. A Declaration of the Rights of the Inhabitants of the
Commonwealth or State of Pennsylvania
2. The Drafting Debates over the National Bill of Rights
3. The Ratification Debates over the National Bill of Rights
a. Wilson, State House Yard Speech (rejecting need for a Bill
of Rights)
b. The Pennsylvania Ratification Debates
c. The Address and Reasons of Dissent of the Minority of the
Convention of Pennsylvania to their Constituents (arguing
for a Bill of Rights
d. Hamilton, The Federalist No. 84
e. Jefferson and Madison, Correspondence
f. Amendments to the Constitution Proposed by State
Conventions
i. Amendments proposed by the Virginia
Convention
ii. Amendments Proposed by the New York
Convention
4. The First Congress Debates the Bill of Rights
5. Americans React to the Bill of Rights
ii. The Law of Nations
1. Rutgers v. Waddington (laws are presumed consistent with the law
of nations)
B. Principles
i. Jefferson, Declaration of Independence
ii. Madison, The Federalist No. 10
C. Scope
III.
Individual Rights
IV.
V.
VI.
A. Property
i. Contracts
ii. Takings and Due Process
1. Bayard v. Singleton (legislative effort to adjudicate property dispute
is an unconstitutional taking)
2. Bowman v. Middleton (uncompensated takings violate natural law)
B. Religion
i. Establishment
1. South Carolina Constitution of 1778, Section 38 (establishing
multiple Protestant Churches)
2. The Virginia Debate over Religious Assessments
a. A Bill Establishing a Provision for Teachers of the Christian
Religion
b. Madison, Memorial and Remonstrance against Religious
Assessments
c. An Act for Establishing Religious Freedom
3. Test Oaths
ii. Free Exercise
1. House Debate over Conscience Objectors
C. Guns
D. Personal Freedom and Public Morality
Democratic Rights
A. Free Speech
i. Respublica v. Oswald (sustaining fine for commenting on an ongoing case
B. Voting
i. Adams and Franklin on Universal Male Suffrage
1. Adams, Letter to James Sullivan (against universal suffrage)
2. Franklin, Queries and Remarks Respecting Alterations in the
Constitution of Pennsylvania (for universal suffrage
ii. The Debate over Property Qualifications
C. Citizenship
i. American Identity
ii. From British Subject to American Citizen
1. Respublica v. Chapman (Americans get time to decide whether to
be American or English citizens)
iii. National and State Citizenship
Equality
A. Equality Under Law
B. Race
i. Commonwealth v. Jennison (slavery unconstitutional in Massachusetts)
ii. Jefferson, Notes on the State of Virginia
C. Gender
i. John and Abigail Adams, Correspondence on Women’s Rights
D. Native Americans
Criminal Justice
A. Due Process and Habeas Corpus
B. Search and Seizure
C. Interrogations
i. Commonwealth of Pennsylvania v. Dillon (a confession that rings true is
admissible)
D. Juries and Lawyers
i. Trevett v. Weeden (law that disposes of jury trial is unconstitutional)
E. Punishments
i. Rush, On Punishing Murder by Death
4.
The Early National Era: 1791-1828
I.
Introduction
II.
Foundations
A. Sources
i. Constitutions and Amendments
1. Alabama Declaration of Rights
ii. Natural Law
1. Calder v. Bull
iii. The Law of Nations
1. United States v. La Jeune Eugenie (the slave trade violates the law of
nations)
2. The Antelope (American courts cannot determine whether the slave
trade violates the law of nations)
B. Principles
i. Marbury v. Madison
C. Scope
III.
Individual Rights
A. Property
i. Contracts
1. Fletcher v. Peck
2. Trustees of Dartmouth College v. Woodward
ii. Takings and Due Process
1. University of North Carolina v. Foy (legislature revocation of grant
to a public university is a taking)
2. Callender v. Marsh (rejecting claim of regulatory taking)
3. Crenshaw & Crenshaw v. The Slate River Company (first instance
where court may have accepted a claim of regulatory taking)
B. Religion
i. Establishment
1. Jefferson, Letter to the Danbury Baptists
2. Massachusetts Debates Test Oaths (expanded on web)
3. The First American Presidents on Thanksgiving Proclamations
4. Blasphemy
a. People v. Ruggles
ii. Free Exercise
1. Washington, Letter to the Jews of Newport
2. Exemptions for Religious Believers
a. Commonwealth v. Wolf (religious exemption rejected)
b. State v. Willson (religious exemption rejected)
c. People v. Phillips (first instance where court may have
found a constitutional right to a religious exemption)
IV.
V.
C. Guns
i. Bliss v. Commonwealth (court finds constitutional right to carry weapons)
D. Personal Freedom and Public Morality
i. Barker v. People (no constitutional right to duel)
Democratic Rights
A. Free Speech
i. The Sedition Act (expanded on web)
1. An Act for the Punishment of Certain Crimes Against the United
States
2. The Debate in Congress
3. The Report of a Select Committee on the Petitions Praying for a
Repeal of the Alien and Sedition Laws
4. Resolutions of Virginia of December 21, 1798
5. Resolutions of the Kentucky Legislature
6. Madison, Virginia Report of 1799
7. Report of the Minority on the Virginia Resolutions
8. U.S. v. Cooper
ii. The War of 1812 (Madison rejects calls to suppress speech)
iii. Defamation
1. People v. Croswell (truth for good reasons and motive is protected)
2. Commonwealth v. Clap (truth is not a defense of a libel of a private
person)
3. Commonwealth v. Blanding (truth is not a defense of a libel of a
private person)
iv. Obscenity
1. Commonwealth v. Sharpless (early opinion sustaining conviction
for obscenity)
B. Voting
i. Massachusetts Debates Property Qualifications (expanded on the web)
C. Citizenship
i. The Alien Friends Act (expanded on the web)
ii. Expatriation
1. Case of Williams
iii. Becoming a Citizen
1. The Controversy over William Smith (whether person who spent
most of the Revolution in England was a citizen of the United States)
iv. Privileges and Immunities
1. Corfield v. Coryell (classic statement of the meaning of the
privileges and immunities of citizenship
Equality
A. Equality Under Law
i. Holden v. James (state laws cannot provide and individual with a special
benefit)
ii. Ward v. Bernard (state laws cannot provide an individual with a special
benefit)
B. Race
i. Race: The Rights of Masters
1. Congressional Debate over the Missouri Compromise
VI.
ii. Slavery and Free Blacks
1. Hudgins v. Wright (lower state court finding of constitutional
presumption against slavery rejected)
2. Commonwealth v. Griffith (African-Americans are presumed to be
slaves)
iii. Free Blacks
1. Congressional Debate over the Missouri Compromise and Black
Citizenship
2. Amy v. Smith (free blacks are not state citizens)
3. Aldridge v. Commonwealth (free blacks are not state citizens)
4. Wirt, Rights of Free Virginia Negroes (free blacks are not state
citizens)
C. Gender
i. Mason, Salutatory Oration (early assertion of women’s rights)
ii. Wilson, Lectures on Law (early defense of separate spheres)
iii. Martin v. Commonwealth (expanded on web)(wife’s obligation to follow her
husband)
D. Native Americans
i. Goodell v. Jackson ex dem. Smith (Native Americans are not citizens of
New York)
ii. Johnson v. McIntosh (Native Americans are not protected by the Bill of Rights)
Criminal Justice
A. Due Process and Habeas Corpus
B. Search and Seizure
i. Mayo v. Wilson (warrantless arrest is constitutional only if person arrested is
guilty
ii. Wakely v. Hart (warrantless arrest is constitutional only if person arrested is
guilty)
C. Interrogations
i. State v. Guild (reliable confessions are constitutional)
D. Juries and Lawyers
i. United States v. Callender (jury’s may not determine constitutionality)
ii. Zylastra v. Corporation of Charleston (failure to have jury trial violates the
state constitution)
E. Punishments
i. James v. Commonwealth (ducking a woman in the river is an unconstitutional
punishment)
ii. Commonwealth v. Wyatt (whipping is a constitutional punishment)
F. Infamous Crimes and Criminals
i. The Burr Treason Trials (expanded on the web)
1. Jefferson, Message to Congress on the Burr Conspiracy
2. Ex parte Bollman
a. The Habeas Issue
b. The Treason Issue
3. United States v. Burr
a. Compulsory Process
b. Self-Incrimination
c. Jury Selection
4.
5.
d. Treason (expanded on the web)
e. Confrontation
Jefferson, Seventh Annual Message
The Jacksonian Era: 1829-1860
I.
Introduction
II.
Foundations
A. Sources
i. The Constitutional Status of Slavery
1. Phillips, The Constitution, A Pro-Slavery Compact
2. Douglass, The Constitution of the United States: Is It Pro-Slavery or
Anti-Slavery
ii. Slavery and Civil Disobedience
1. Parker, The Law of God and the Statutes of Men
2. Lord, The Higher Law in its Application to the Fugitive Slave Bill
3. Webster, Seventh of March Speech
B. Principles
i. Democrats v. Whigs
1. Leggett, True Functions of Government
2. Mann, The Ground of the Free School System
ii. Democrats v. Republicans: National Party Platforms
1. Republican Party Platform of 1856
2. Democrat Party Platform of 1856
iii. Public Interest Groups in Jacksonian America
1. Constitution of the American Temperance Society
2. Constitution of the American Anti-Slavery Society
C. Scope
i. Incorporation
1. Barron v. Baltimore
2. Campbell v. State
ii. Extra-territoriality
1. The Bill of Rights in the Territories
III.
Individual Rights
A. Property
i. Contracts
1. Proprietors of Charles River Bridge v. Proprietors of the Warren
Bridge
2. West River Bridge Co. v. Dix
ii. Takings
1. Beekman v. The Saratoga and Schenectady Railroad Company
2. Taylor v. Porter & Ford
3. Parham v. Justices of Inferior Court of Decatur County
iii. Due Process
1. Wynehamer v. People (expanded on the web)
2. The Mayor and Alderman of Mobile v. Yuille
3. Hoke v. Henderson
4. Wally’s Heirs v. Kennedy
5. White v. White
IV.
B. Religion
i. General
1. Morse, Foreign Conspiracy against the Liberties of the United
States
2. Phillips, On the Religious Proscription of Catholics
ii. Establishment
1. General Principles
a. Leggett, Thanksgiving Day
b. Beecher, A Plea for the West
2. The Debate over Congressional Chaplains
a. Remonstrance Against the Appointment of Chaplains to
Congress by Inhabitants of Livingston County, Kentucky
b. Badger, Senate Report on Congressional Chaplains
3. Blasphemy
a. Commonwealth v. Kneeland
iii. Free Exercise
1. The Debate over Sunday Mails
a. Memorial from Newark, New Jersey on Sunday Mails
b. Memorial from North Carolina
c. Senate Report on Sunday Mails
d. House Report on Sunday Mails
2. Public Schools
a. Donahoe v. Richards
b. Catholics and Protestants Debate Funding for Parochial
Schools in New York City
i. Hughes, Speech on the School Question
ii. Pastors of the Methodist Episcopal Church, To the
Honorable the Common Council of the City of New
York
C. Guns
i. State v. Buzzard (expanded on the web)
ii. State v. Reid
iii. Nunn v. State
iv. Persons of Color and the Right to Bear Arms
1. State v. Newsome
2. Tiffany, A Treatise on the Unconstitutionality of American Slavery
D. Personal Freedom and Public Morality
i. People v. Gallagher
ii. State v. Gurney
Democratic Rights
A. Free Speech
i. Birney, Proceedings Against the Liberty of the Press
ii. Congress Debates Incendiary Publications in the Mail (expanded on the web)
1. Kendall, Report of the Postmaster General
2. Jackson, Seventh Annual Message
3. Calhoun, Report from the Select Committee on the Circulation of
Incendiary Publications
4.
V.
Report of the Minority of the Committee on Post Offices and Post
roads on the President’s Message
iii. The Petition Controversy
iv. States Debate Prohibiting Abolitionist Speech
1. Resolutions of South Carolina
2. New York in Reply to the South
3. Wolf, Annual Message to the Assembly—1835
v. State v. Worth
B. Voting
i. Senate Debate on the Right of State Legislatures to Instruct U.S. Senators
ii. Virginia Debates Property Qualifications and Apportionment(expanded on
the web)
iii. Congress Debates Alien Suffrage
iv. Principles and Objects of the American Party
v. Regulating Elections
1. Capen v. Foster
C. Citizenship
i. Black, Right of Expatriation
Equality
A. Equality Under Law
i. Leggett, Monopolies
B. Race
i. Slavery: The Rights of Masters
1. Jacksonians Debate the Constitutional Status of Slavery (and Race)
a. Calhoun, Resolutions on Slavery
b. Resolves of the Southern Convention at Nashville
c. Douglas on Popular Sovereignty
d. Lincoln on Slavery
e. Chase and Cleveland, Anti-Slavery Addresses of 1844 and
1845
2. Dred Scott v. Sandford (expanded on the web)
3. Lemmon v. the People
ii. Free Blacks
1. Citizenship
a. State v. Manuel
b. Hobbs v. Fogg
c. Appeal of Forty Thousand Citizens, Threatened with
Disenfranchisement, to the People of Pennsylvania
2. Roberts v. City of Boston
3. Kansas Debates the Rights of Free Persons of Color
C. Gender
i. The Seneca Falls Convention
1. Stanton, Keynote Address, Seneca Falls Convention
2. Declaration of Sentiments
ii. Kansas Debates the Rights of Women
1. Nichols, Reminiscences
2. Report of Judiciary Franchise Committee on Woman Suffrage
Petitions
VI.
6.
iii. Shanks v. Dupont
D. Native Americans
i. The Removal Debates
ii. Cushing, Relation of Indians to Citizenship
Criminal Justice
A. Due Process and Habeas Corpus
i. The Fugitive Slave Act of 1793
1. Jack v. Mary Martin
2. Prigg v. Pennsylvania
ii. The Fugitive Slave Act of 1850
1. The Congressional Debate over the Fugitive Slave Act of 1850
a. Crittenden, Constitutionality of the Fugitive Slave Bill
b. Sumner, Speech on Our Present Anti-Slavery Duties
2. The Booth Cases (expanded on the web)
a. In re Booth
b. Ableman v. Booth
c. Resolutions of the Wisconsin Legislature
B. Search and Seizure
i. Rohan v. Sawin
ii. Commonwealth v. Dana
iii. Fisher v. McGirr
C. Interrogations
i. People v. McMahon
D. Juries and Lawyers
i. Anthes v. Commonwealth
ii. Ex parte Crouse (no jury trial required to sent child to reform school)
iii. State v. Cummings
E. Punishments
i. State v. McCauley
ii. Michigan Debates Capital Punishment
Civil War and Reconstruction: 1861-1876
I.
Introduction
II.
Foundations
A. Sources
i. Constitutions and Amendments
1. The Constitution of the Confederate States of America
2. Proposed Thirteenth Amendments
3. Debates over the Thirteenth Amendment (expanded on the web)
4. Debates over the Fourteenth Amendment (expanded on the web)
5. The Fifteenth Amendment
B. Principles
i. Stephens, Cornerstone Speech
ii. Lincoln
1. Gettysburg Address
2. Second Inaugural
iii. Douglass, The Mission of the War
iv. State Convention of the Colored People of South Carolina, Memorial
III.
IV.
V.
v. Johnson, Veto Message
C. Scope
i. Slaughter-House Cases
Individual Rights
A. Property
i. Contracts
1. Slavery
a. Emancipation and Property Rights in Slaves
b. Osborn v. Nicholson
ii. Takings
1. Confiscation
a. Debate over the Second Confiscation Act
b. Lincoln, To the Senate and House of Representatives
c. Norris v. Doniphan
d. Miller v. U.S.
iii. Due Process
1. Test Oaths
a. Ex parte Garland
b. Cummings v. Missouri
B. Religion
i. Establishment
ii. Free Exercise
1. Conscientious Objectors and the Draft
C. Guns
i. English v. State
D. Personal Freedom and Public Morality
i. Burns v. State
ii. State v. Gibson
Democratic Rights
A. Free Speech
i. The Trial of Clement Vallandigham (expanded on the web)
B. Voting
i. Congress debates the Ironclad Oath (expanded on the web)
ii. Green v. Shumway
iii. Blair v. Ridgely
iv. Anderson v. Baker
C. Citizenship
i. Crandall v. State of Nevada
ii. The Seating of Hiram Revels
Equality
A. Equality Under Law
i. Cooley, A Treatise on the Constitutional Limitations which Rest upon the
Legislative Power of the States of the American Union
ii. In re Opinion of the Justices
B. Race
i. The Senate Debates Asians (and Gypsies)
ii. Implementing the Thirteenth Amendment
1. The Mississippi Black Code
2.
VI.
Congressional Debates over the Second Freedmen’s Bureau Act
(expanded on the web)
3. The Debate over the Civil Rights Act of 1866
4. In re Turner
iii. Implementing the Fourteenth Amendment
1. The Enforcement Act of 1871
2. U.S. v. Hall
3. Congressional Debates over the Civil Rights Act of 1875
4. U.S. v. Cruikshank
iv. Federal Courts
v. The States and School Segregation
1. Clark v. Board of School Directors
2. State ex rel Garnes v. McCann
C. Gender
i. The Senate Debates Women’s Suffrage (expanded on the web)
ii. The New Departure
1. The Address of Victoria C. Woodhull
2. The Trial of Susan B. Anthony
3. Bradwell v. State
4. Minor v. Happersett
D. Native Americans
i. The Senate Debates Native American Citizenship
Criminal Justice
A. Due Process and Habeas Corpus
i. The Civil War
1. Ex parte Merryman
2. Bates, Suspension of the Privilege of the Writ of Habeas Corpus
3. Lincoln and New York Democrats Debate Habeas Corpus and
Martial Law
a. Letter of the Committee and Resolutions
b. President Lincoln’s Reply
c. Society for the Diffusion of Political Knowledge, Reply to
President Lincoln’s Letter
4. The Debate over the Habeas Corpus Act of 1863
5. Ex Parte Milligan
ii. Reconstruction
1. Ex parte McCardle
B. Search and Seizure
i. Burns v. Erben
C. Interrogations
i. McGlothlin v. State
ii. Superintendent Walling: His Trial Before the Police Board
D. Juries and Lawyers
i. Jackson v. Clark
E. Punishments
i. Garcia v. Territory of New Mexico
F. Infamous Crimes and Criminals
i. The Trial of Jefferson Davis
7.
The Republican Era: 1877-1932
I.
Introduction
II.
Foundations
A. Sources
i. Constitutions and Amendments
1. The Living Constitution?
a. Wilson, What is Progress
b. Smith, The Spirit of American Government
c. Hill, the Crisis in Constitutionalism
2. The Debate over the Seventeenth Amendment: Direct Election of
Senators
a. Hoar, Direct Election of Senators
b. Edmunds, Should Senators be Elected by the People
c. Clark, The Election of Senators and the President by
Popular Vote and the Veto Power
3. Congressional Debate over the Eighteenth Amendment: Prohibition
(expanded on the web)
a. Committee on the Judiciary, Prohibition Amendment
i. Majority Report
ii. Minority Views I
iii. Minority Views II
b. The Senate Debate
c. United States v. Sprague
4. The Debate over the Nineteenth Amendment (expanded on the
web)
a. Leser v. Garnett
ii. The Law of Nations
1. The Paquete Habana
B. Principles
i. Spencer, Social Statics
ii. Wilson, The Meaning of Democracy
iii. Judicial Power
1. Brewer, The Nation’s Safeguard
2. Field, The Centenary of the Supreme Court of the United States
3. Thayer, The Origin and Scope of the American Doctrine of
Constitutional Law
C. Scope
i. Incorporation
1. Hurtado v. California
2. Twining v. New Jersey
ii. Extra-Territoriality
1. Ross v. McIntyre
2. The Foraker Act
3. Downes v. Bidwell
4. Hawaii v. Mankichi
5. Balzac v. Puerto Rico
6. Dunne, The Supreme Court’s Decision
III.
iii. State Action
1. Civil Rights Cases
2. The Debate over Federal Power to Punish Lynching
a. Attorney General Daugherty to Representative Volstead
b. Speech of Representative Hawes
3. Nixon v. Condon
Individual Rights
A. Property
i. Christopher Tiedeman and Benjamin Cardozo on Property Rights and the
Public Good
1. Tiedeman, A Treatise on the Limitations of the Police Power in the
United States
2. Cardozo, The Nature of the Judicial Process
ii. Contracts
1. Stone v. Mississippi
iii. Takings
1. Pumpelly v. Green Bay & Mississippi Canal Co.
2. Mugler v. Kansas
3. Pennsylvania Coal Co. v. Mahon
4. Village of Euclid v. Ambler Realty Co.
5. Miller v. Schoene
iv. Due Process
1. Munn v. State of Illinois
2. In re Jacobs
3. Ritchie v. People
4. City of Chicago v. Netcher
5. Smyth v. Ames
6. Allgeyer v. State of Louisiana
7. Holden v. Hardy
8. Lochner v. New York
9. Muller v. Oregon
10. Adkins v. Children’s Hospital
B. Religion
i. Holy Trinity Church v. U.S.
ii. Establishment
1. Proposed Constitutional Amendments on Religious
Establishments
a. Grant, Seventh Annual Message
b. The Blaine Amendment
i. House Version
ii. Senate Version
iii. Speech of Senator Frelinghuysen
c. National Reform Association Proposed Constitutional
Amendment
i. Stevenson, The Ends We Seek
d. National Liberty League, Proposed Constitutional
Amendment
IV.
i. National Liberty League, Patriotic Address of the
National Liberty League to the People of the
United States
2. Sunday Laws
a. Rafts, The Civil Sabbath: The Friend, Not the Foe, of Liberty
b. Nash, The Sunday Law: Unconstitutional and Unscriptural
3. Bradfield v. Roberts
iii. Free Exercise
1. Mormons
a. Reynolds v. United States
b. Davis v. Beason
2. Bible Reading
a. Wilkerson v. City of Rome
3. People v. Pierson
C. Guns
i. Presser v. People of State of Ill.
ii. City of Salina v. Blaksley
iii. State v. Kerner
D. Personal Freedom and Public Morality
i. Territory v. Ah Lim
ii. Commonwealth v. Campbell
iii. Jacobson v. Commonwealth of Massachusetts
iv. Murphy v. People of State of California
v. Selective Draft Law Cases
vi. Meyer v. Nebraska
vii. Pierce v. Society of the Sisters of the Holy Names of jesus and Mary
viii. Buck v. Bell
Democratic Rights
A. Free Speech
i. Advocacy
1. Schenck v. United States
2. Debs v United States
3. Abrams v. United States
4. Whitney v. California
5. Near v. Minnesota
ii. Public Property, Subsidies, Employees and Schools
1. Anderson v. City of Wellington
2. Commonwealth v. Davis
iii. Obscenity
1. United States v. Harmon
B. Voting
i. Americans Debate Universal (Male) Suffrage
1. Parkman, The Failure of Universal Suffrage
2. Babcock, The Right of the Ballot
ii. Regulating Elections
1. State ex rel. Runge v. Anderson
2. Newberry v. U.S.
iii. Reapportionment
V.
1. Fergus v. Marks
2. Parker v. State, ex rel. Powell
iv. Initiatives and Referenda
1. Kadderly v. Portland
C. Citizenship
i. United States v. Wong Kim Ark
ii. Fong Yue Ting v. U.S.
iii. United States v. Schwimmer
Equality
A. Equality Under Law
i. Barbier v. Connolly
ii. Yick Wo v. Hopkins
iii. Mayor and City Council of Baltimore v. Radecke
B. Race
i. Basics
1. United States v. Bhagat Singh Thind
2. Strauder v. West Virginia
3. Ex parte Virginia
ii. Badges and Incidents of Slavery
1. Hodges v. U.S.
iii. The Rise of Jim Crow
1. Attorney General Alphonso Taft on Voting Rights
a. Taft, the Southern Elections
b. Speech of Hon. Alphonso Taft
2. Ex parte Yarbrough
3. Debates over the Lodge Federal Elections Bill (expanded on the
web)
a. Harrison, Inaugural Address
b. Harrison, First Annual Message
c. The House Debate
4. The Repeal of Federal Election Laws
5. Ratcliffe v. Beale
6. Plessy v. Ferguson
7. Knox, Address to the Alabama Constitutional Convention
8. Giles v. Harris
iv. The Birth of the Civil Rights Movement
1. Booker T. Washington and W.E.B. DuBois Debate How to Achieve
Racial Equality
a. Washington, The Atlanta Compromise Address
b. DuBois, Of Mr. Booker T. Washington and Others
2. Guinn and Beal v. United States
3. Buchanan v. Warley
C. Gender
i. People ex rel. Ahrens v. English
ii. Jury Service
1. Rosencrantz v. Territory
2. People ex rel. Fyfe v. Barnett
3. People v. Barltz
VI.
8.
iii. Debates over the Blanket Amendment
D. Native Americans
i. Elk v Wilkins
ii. Lone Wolf v. Hitchcock
iii. Talton v. Mayes
iv. Piper v. Big Pine School Dist. Of Inyo County
Criminal Justice
A. National Popular Government League, Report upon the Illegal Practices by the
United States Department of Justice
B. Due Process and Habeas Corpus
i. Habeas Corpus
1. In re Neagle
2. Ex parte Royall
3. Commonwealth of Virginia v. Rives
4. Frank v. Mangum
5. Moore v. Dempsey
C. Search and Seizure
i. Boyd v. United States
ii. Weeks v. United States
iii. Gouled v. U.S.
iv. Carroll v. U.S.
v. People v. Defore
vi. Olmstead v. United States
D. Interrogations
E. Juries and Lawyers
i. Juries
1. Reynolds v. United States
2. Powell v. Alabama
F. Punishments
i. Weems v. United States
ii. Wilkerson v. State of Utah
iii. Sterilization
1. State v. Feilen
2. Mickle v. Henrichs
The New Deal/Great Society Era: 1933-1968
I.
Introduction
II.
Foundations
A. Sources
i. Constitutions and Amendments
1. The Twenty-First Amendment
ii. The Law of Nations
B. Principles
i. Roosevelt, Four Freedoms Speech
ii. Goldwater, Speech Accepting the Republican Presidential Nomination
iii. King, Letter from Birmingham Jail
iv. United States v. Carolene Products Co.
v. American Civil Liberties Union, Policy Guide
III.
C. Scope
i. Incorporation
1. Palko v. Connecticut
2. Adamson v. California
3. Duncan v. Louisiana (expanded on the web)
ii. Extra-Territoriality
1. Reid v. Covert (expanded on the web)
2. Johnson v. Eisentrager
iii. State Action
1. Smith v. Allwright
2. Shelly v. Kraemer
3. Burton v. Wilmington Parking Authority
4. Bell v. Maryland
5. Jones v. Alfred H. Mayer Co.
Individual Rights
A. Property
i. Contracts
1. Home Building & Loan Association v. Parrish
ii. Takings
1. Berman v. Parker
2. United States v. Causby
3. Goldblatt v. Town of Hempstead
iii. Due Process
1. Nebbia v. People of New York
2. West Coast Hotel Co. v. Parrish
3. Williamson v. Lee Optical
4. Ferguson v. Skrupa
B. Religion
i. General
1. Roosevelt, D-Day Prayer
2. Kennedy, Speech to the Greater Houston Ministerial Association
3. United States v. Ballard
ii. Establishment
1. Everson v. Board of Education of Ewing Tp.
2. McCollum v. Board of Education
3. Engel v. Vitale
4. Flast v. Cohen
iii. Free Exercise
1. Cantwell v. Connecticut
2. Sherbert v. Verner
C. Guns
i. United States v. Miller
ii. Burton v. Sills
iii. The Omnibus Crime Control and Safe Streets Act of 1968
D. Personal Freedom and Public Morality
i. Skinner v. State of Oklahoma ex rel. Williamson
ii. Perez v. Sharp
iii. Naim v. Naim
IV.
iv. Loving v. Virginia
v. Poe v. Ullman
vi. Griswold v. Connecticut
vii. Stanley v. Georgia
Democratic Rights
A. Free Speech
i. Advocacy
1. Employers and Employees
a. Associated Press v. National Labor Relations Board
b. Thomas v. Collins
2. Chaplinsky v. State of New Hampshire
3. The Flag Salute Cases
a. Minersville School District v. Gobitis
b. West Virginia State Board of Education v. Barnette
4. Nazis and Communists
a. Hartzel v. United States
b. The Internal Security Act
i. McCarran, The Internal Security Act of 1950
ii. Truman, Veto of the Internal Security Bill
c. Dennis v. United States
d. Pennsylvania v. Nelson
e. Joseph McCarthy and his Opponents
i. McCarthy, Communists in the State Department
ii. Smith, Patriotic Thinking
f. The House Committee on Un-American Activities
g. Watkins v. United States
h. Barenblatt v. United States
5. Feiner v. United States
6. The Civil Rights Movement
a. NCAAP v. Alabama
b. NCAAP v. Button
c. New York Times Co. v. Sullivan
7. United States v. O’Brien
8. Brandenburg v. Ohio
ii. Media
1. Red Lion Broadcasting Co. v. Federal Communications Commission
iii. Public Property, Subsidies, Employees and Schools
1. Hague v. Committee for Indus. Organization
2. Adderly v. Florida
3. Co v. Louisiana I
4. Cox v. Louisiana II
5. Tinker v. Des Moines Independent Community School District
iv. Obscenity
1. U.S. v. One Book Entitled Ulysses by James Joyce
2. Roth v. United States
v. Commercial Speech
B. Voting
i. Louisiana v. United States
V.
ii. The Congressional Debate over Poll Taxes
iii. Lassiter v. Northhampton County Bd. Of Elections
iv. The Voting Rights Act
1. Congressional Reports on the Voting Rights Act of 1965
2. South Carolina v. Katzenbach
3. Katzenbach v. Morgan (expanded on the web)
v. Reapportionment
1. Baker v. Carr
2. Reynolds v. Sims
vi. Harper v. Virginia Board of Elections
vii. Regulating Elections
1. Williams v. Rhodes
C. Citizenship
i. Schneiderman v. United States
ii. Afroyim v. Rusk
Equality
A. Equality Under Law
i. Railway Express Agency v. People of State of New York
B. Race
i. Truman, Special Message to Congress on Civil Rights
ii. National Party Platforms on Civil Rights
1. Democratic Party Platform of 1960
2. Republican Party Platform of 1960
iii. Strict Scrutiny
1. Hirabayashi v. United States
2. Korematsu v. United States
3. Ex parte Endo
iv. The Road to Brown
1. Margold, Preliminary Report to the Joint Committee Supervising the
Expenditure of the 1930 Appropriation by the American Fund for
Public Service to the N.A.A.C.P. (expanded on the web)
2. Civil Rights Advocates Debate Strategy (expanded on the web)
a. DuBois, Does the Negro Need Separate Schools?
b. Frazier, The Status of the Negro in the American Social
Order
c. Bunche, A Critical Analysis of the Tactics and Programs of
Minority Groups
d. Edwards, A Critique: The Courts and the Negro Separate
School
e. Long, Some Psychogenic Hazards of Segregated Education
of Negroes
f. Locke, The Dilemma of Segregation
g. Kilpatrick, Resort to Courts by Negroes to Improve
Schools a Conditional Alternative
h. Thompson, Court Action the Only Reasonable Alternative to
Remedy Immediate Abuses of the Negro Separate School
i. Williams, Court Action by Negroes to Improve Their
Schools is a Doubtful Remedy
3.
4.
5.
6.
VI.
Brown v. Board of Education (Brown I)
Bolling v. Sharpe
Brown v. Board of Education (Brown II)
The Reaction to Brown
a. The Southern Manifesto
b. Eisenhower, Address to the Nation on the Introduction of
Troops in Little Rock
c. Cooper v. Aaron
v. The Fall of Jim Crow
1. Morgan v. Virginia
2. The Montgomery Bus Boycott
a. Browder v. Gayle
b. Gayle v. Browder
3. Executive and Legislative Action Promoting Racial Equality
a. Truman, Executive Order 9981
b. The Civil Rights Act of 1964
i. The Debate in Congress
ii. Johnson, Radio and Television Remarks upon
Signing the Civil Rights Bill
iii. Heart of Atlanta Motel, Inc. v. United States
c. Fair Housing Act of 1968
vi. Implementing Brown
1. Green v. County School Board of New Kent County
C. Gender
i. Goesaert v. Cleary
ii. The Report of the U.S. President’s Commission on the Status of Women
iii. Gallagher v. City of Bayonne
D. Native Americans
i. United States v. Klamath and Moadoc Tribes of Indians
ii. Tee-Hit-Ton Indians v. United States
iii. Native American Church of America v. Navajo Tribal Council
Criminal Justice
A. General
i. The Report of the Conference of State Court Justices
ii. Dershowitz, The Rules of the Justice Game
iii. The Scottsboro Boys
B. Due Process and Habeas Corpus
i. Due Process
1. The Wickersham Commission Report
2. Rochin v. California
3. Griffin v. Illinois
ii. Habeas Corpus
1. Fay v. Noia
2. Ex parte Quirin
3. The 1966 Amendments to the Federal Habeas Corpus Statute
4. Linkletter v. Walker
5. The Retroactivity Scorecard
C. Search and Seizure
i. Oklahoma Press Pub. Co. v. Walling
ii. Mapp v. Ohio
iii. Katz v. United States
iv. Terry v. Ohio
D. Interrogations
i. Brown v. Mississippi
ii. Miranda v. Arizona
E. Juries and Lawyers
i. Juries
1. Norris v. Alabama
2. Swain v. Alabama
3. Shepard v. Maxwell
ii. Lawyers
1. Gideon v. Wainwright
F. Punishments
i. Trop v. Dulles
ii. Robinson v. California
iii. Powell v. Texas
iv. Capital Punishment
9.
Liberalism Divided: 1969-1980
I.
Introduction
II.
Foundations
A. Sources
i. Constitutions and Amendments
B. Principles
C. Scope
i. State Action
1. Moose Lodge No. 107 v. Irvis
2. Jackson v. Metropolitan Edison
III.
Individual Rights
A. Property
i. Contracts
1. U.S. Trust Co. of New York v. New Jersey
2. Allied Structural Steel Co. v. Spannaus
ii. Takings
1. Penn Central Transportation Co. v. City of New York
iii. Due Process
1. Goldberg v. Kelly
2. Arnett v. Kennedy
3. Bishop v. Wood
4. Boddie v. Connecticut
5. United States v. Kras
B. Religion
i. Establishment
1. Lemon v. Kurtzman
ii. Free Exercise
1. Wisconsin v. Yoder
2.
IV.
Gillette v. United States
C. Guns
i. National Party Platforms on Gun Rights and Gun Control
D. Personal Freedom and Public Morality
i. Eisenstadt v. Baird
ii. Redhail v. Zablocki
iii. Abortion
1. Roe v. Wade
2. Doe v. Bolton
3. Debate over the Human Life Amendment (expanded on the web)
4. Funding
a. Maher v. Roe
b. Harris v. McRae
Democratic Rights
A. Free Speech
i. Advocacy
1. New York Times Co. v. United States
2. Cohen v. California
3. Libel
a. New York Times v. Sullivan/Libel Scorecard
b. Gertz v. Robert Welch, Inc.
ii. Public Property, Subsidies, Employees and Schools
1. Police Dept. of City of Chicago v. Mosley
iii. Campaign Finance
1. Buckley v. Valeo
2. First National Bank of Boston v. Bellotti
iv. Media
1. F.C.C. v. Pacifica Foundation
2. Zurcher v. Stanford Daily
v. Obscenity
1. The President’s Commission on Obscenity and Pornography
a. The Report of the Commission on Obscenity and
Pornography
b. Nixon, Statement About the Report of the Commission on
Obscenity and Pornography
2. Miller v. California
3. Paris Adult Theater I v. Slaton
vi. Commercial Speech
1. Virginia State Board of Pharmacy v. Virginia Citizens Consumer
Council, Inc.
B. Voting
i. The Voting Rights Acts
1. Congressional Debate on the Voting Rights Act of 1970
2. Oregon v. Mitchell
3. The Voting Rights Act of 1975
ii. The Right to Vote
1. The Right to Vote Scorecard
2. Dunn v. Blumstein
V.
3. Richardson v. Ramirez
iii. Majority-Minority Districts
1. United Jewish Organizations of Williamsburgh v. Carey
iv. Reapportionment
1. Reapportionment Scorecard
2. Gaffney v. Cummings
v. Regulating Elections
1. Election Regulation Scorecard
2. Storer v. Brown
C. Citizenship
i. Graham v. Richardson
ii. Ambach v. Norwick
Equality
A. Equality Under Law
i. San Antonio Independent School District v. Rodriguez
ii. U.S. Dept. of Agriculture v. Moreno
iii. Parnum v. Hughes
iv. United States Railroad Retirement Bd. v. Fritz
B. Race
i. Implementing Brown
1. School Desegregation Scorecard
2. Swann v. Charlotte-Mecklenburg Board of Education
3. Milliken v. Bradley
4. Executive and Legislative Attacks on Busing (expanded on the web)
a. Nixon, Special Message to Congress on Equal Educational
Opportunities and School Business
b. Humphrey, Senate Retreats from Equal Opportunity
c. The Educational Division and Related Agencies
Appropriate Act, 1976
d. Brown v. Califano
ii. Affirmative Action
1. Regents of the University of California v. Bakke
2. Fullilove v. Klutznick
iii. Racial Discrimination
1. Palmer v. Thompson
2. Washington v. Davis
C. Gender
i. National Organization of Women, Bill of Rights
ii. Debate over the Equal Rights Amendment
1. Ginsburg and Fasteau, Sex Bias in the U.S. Code
2. Schlafly, A Short History of E.R.A.
iii. The Standard of Constitutional Protection
1. Frontiero v. Richardson
2. Craig v. Boren
iv. Separate Schools
1. Vorchheimer v. School District of Philadelphia
v. Military Service
1. Presidential Recommendation for Selective Service Reform
VI.
2. Senate Report, Department of Defense Authorization Report
3. Rostker v. Goldberg
vi. Pregnancy
1. Geduldig v. Aiello
2. The Pregnancy Discrimination Act of 1978
D. Native Americans
i. Santa Clara Pueblo v. Martinez
Criminal Justice
A. General
i. National Party Platforms on Criminal Justice
1. Republican Party Platform of 1972
2. Democratic Party Platform of 1972
ii. The Omnibus Crime Control and Safe Streets Act of 1988
iii. Brennan, State Constitutions and the Protection of Individual Rights
B. Due Process and Habeas Corpus
i. Due Process
1. In re Winship
2. Santobello v. New York
3. Bordenkircher v. Hayes
ii. Habeas Corpus
1. Wainwright v. Sykes
2. Stone v. Powell
C. Search and Seizure
i. United States v. Calandra
ii. United States v. United States District Court
iii. Payton v. New York
D. Interrogations
i. Harris v. New York
ii. People v. Disbrow
iii. Rhode Island v. Innis
E. Juries and Lawyers
i. Juries
1. Peters v. Kiff
ii. Lawyers
1. Scott v. Illinois
F. Punishments
i. The Death Penalty
1. Rockefeller, Executive Clemency and the Death Penalty
2. Furman v. Georgia
3. Gregg v. Georgia
4. Capital Punishment in Massachusetts
a. Opinion of the Justices
b. District Attorney for Suffolk District v. Watson
10. The Reagan Era: 1980-1993
I.
Introduction
II.
Foundations
A. Sources
III.
i. Constitutions and Amendments
1. Debate over the Flag Protection Amendment
ii. The Law of Nations
1. Garcia-Mir v. Meese
B. Principles
i. Reagan, First Inaugural Address
ii. Originalism and Judicial Supremacy
1. Meese, The Law of the Constitution
2. Office of Legal Policy, Guidelines on Constitutional Litigation
3. Rehnquist, The Notion of a Living Constitution
4. Brennan, The Constitution of the United States: Contemporary
Ratification
5. The Nomination of Robert H. Bork to the U.S. Supreme Court
a. Reagan, Address to the Nation
b. Senate Judiciary Committee Hearings on the Bork
Nomination
iii. Mellor, Natural Rights and the Future of Public Interest Law
iv. Jerry Falwell and Richard Viguerie on the New Right
C. Scope
i. Extraterritoriality
1. U.S. v. Verdugo-Urquidez
ii. State Action
1. DeShaney v. Winnebago County Department of Social Services
2. Blum v. Yaretsky
Individual Rights
A. Property
i. Contracts
1. General Motors Corp. v. Romein
ii. Takings
1. Lucas v. South Carolina Coastal Council
2. Keystone Bituminous Coal Ass’n v. DeBenedictis
3. Nollan v. California Coastal Commission
4. Dolan v. City of Tigard
5. Public Use
a. Hawaii Housing Authority v. Midkiff
b. Poletown Neighborhood Council v. City of Detroit
iii. Due Process
B. Religion
i. Establishment
1. Reagan, Speech to National Religious Broadcasters
2. Muller v. Allen
3. Edwards v. Aguillard
4. Lee v. Wiseman
5. Board of Education of Kiryas Joel Village School v. Grumet
ii. Free Exercise
1. From Sherbert to Smith Scorecard
2. Lyng v. Northwest Indian Cemetery Protective Association
3. Employment Division v. Smith
4.
5.
6.
IV.
House Committee on the Judiciary, Report on the Religious Freedom
Restoration Act
Chruch of the Lukumi Babalu Aye. Inc. v. City of Hialeah
Mozert v. Hawkins County Board of Education
C. Guns
i. Debate over the Federal Assault Weapons Ban
D. Personal Freedom and Public Morality
i. Michael H. v. Gerald D.
ii. Abortion
1. The Reagan Administration on Roe v. Wade
2. Planned Parenthood of Southeastern Pennsylvania v. Casey
iii. Gay Rights
1. Bowers v. Hardwick
iv. Right to Die
1. Cruzan v. Director, Missouri Department of Health
Democratic Rights
A. Free Speech
i. Advocacy
1. Texas v. Johnson
2. The Hate Speech Debate
a. Doe v. University of Michigan
b. R.A.V. v. St. Paul
3. Hustler Magazine v Falwell
4. Barnes v. Glen Theater, Inc.
ii. Public Property, Subsidies, Employees, and Schools
1. Rust v. Sullivan
2. Perry Educ. Ass’n v. Perry Local Educators’ Ass’n
3. Ward v. Rock Against Racism
iii. Campaign Finance
iv. Media
1. The Fairness Doctrine
a. Federal Communications Commission, Inquiry into Section
73.1910
b. Reagan, Message to the Senate Returning without Approval
the Fairness in Broadcasting Act
c. Hollings
d. Speech in Response to the Reagan Veto
2. Sable Communications of California v. F.C.C.
v. Obscenity
1. Meese Commission on Pornography
2. American Booksellers Association v. Hudnut
vi. Other Free Speech Issues
1. Roberts v. U.S. Jaycees
B. Voting
i. The Voting Rights Acts
1. City of Mobile v. Bolden
2. Senate Committee on the Judiciary, Senate Report on the Voting
Rights Act Amendments of 1982
V.
VI.
3. Thornburg v. Gingles
ii. Majority-Minority Districts
1. Shaw v. Reno
2. The Lani Guinier Nomination Fight
a. Bolick, Clinton’s Quota Queens
b. Guinier, What I Would Have Told the Senate
iii. Gerrymandering
1. David v. Bandemer
iv. Regulating Elections
1. Tashjian v. Republican Party of Conn.
C. Citizenship
i. Phyler v. Doe
ii. Haig v. Agee
Equality
A. Equality Under Law
i. City of Cleburne, Tex. V. Cleburne Living Center
ii. School Financing
1. Rose, et al. v. Council for Better Education
2. Abbott, et al. v. Burke, et al.
B. Race
i. Implementing Brown
1. Freeman v. Pitts
ii. Affirmative Action
1. Two Presidents on Affirmative Act
a. Reagan, Radio Address to the Nation on Civil Rights
b. Clinton, Remarks on Affirmative Action
2. City of Richmond v. J.A. Croson Co.
C. Gender
i. National Party Platforms on Women’s Rights
1. The Democratic Party Platform
2. The Republican Party Platform
ii. Mississippi University for Women v. Hogan
iii. American Nurses Association v. State of Illinois
iv. Johnson v. Transportation Agency, Santa Clara County
D. Native Americans
i. Duro v. Reina
Criminal Justice
A. Due Process and Habeas Corpus
i. Due Process
1. U.S. v. Salerno
ii. Habeas Corpus
1. Legislative and Executive Efforts to Limit Habeas Corpus
a. Bush, Message to Congress Transmitting Proposed
Legislation to Combat Violent Crime
b. Ad Hoc Committee on Federal Habeas Corpus in Capital
Cases Committee Report
c. The Congressional Debate
2. Teague v. Lane
B.
C.
D.
E.
3. McCleskey v. Zant
4. Herrera v. Collins
Search and Seizure
i. United States v. Leon
ii. Skinner v. Railway Labor Executives Association
iii. United States v. Sokolow
iv. New Jersey v. T.L.O.
Interrogations
i. New York v. Quarles
Juries and Lawyers
i. Juries
1. Batson v. Kentucky
ii. Lawyers
1. Strickland v. Washington
2. Ake v. Oklahoma
Punishments
i. The Death Penalty
1. McCleskey v. Kemp
2. First Presidential Debate
3. Callins v. Collins
ii. Proportionality
1. Solem v. Helm
2. Harmelin v. Michigan
iii. Prisons
1. Hudson v. McMillian
11. The Contemporary Era: 1994-Present
I.
Introduction
II.
Foundations
A. Sources
i. Constitutions and Amendments
ii. Comparative Constitutional Law
a. House Judiciary Subcommittee on the Constitution, Hearing on
the Appropriate Role of Foreign Judgments in the Interpretation of
American Law
iii. The Law of Nations
iv. Medellin v. Texas
B. Principles
i. Clinton, Fourth Annual Message
ii. Obama, Inaugural Address
iii. The Nomination of Samuel Alito to the U.S. Supreme Court
C. Scope
i. Incorporation
1. McDonald v. City of Chicago
ii. Extraterritoriality
1. Boumediene v. Bush
iii. State Action
1.
III.
Brentwood Academy v. Tennessee Secondary School Athletic
Ass’n
Individual Rights
A. Property
i. Contracts
ii. Takings
1. Public Use
a. Kelo v. City of New London
b. Board of County Commissioners of Muskogee County v.
Lowery
2. Stop the Beach Renourishment, Inc. v. Florida Dept. of
Environmental Protection
iii. Due Process
1. Punitive Damages
a. BMW of North America, Inc. v. Gore
b. Philip Morris USA v. Williams
B. Religion
i. Establishment
1. Funding
a. Mitchell v. Helms
b. Zelman v. Simmons-Harris
c. Bush v. Holmes
2. Santa Fe Independent School Dist. v. Doe
3. Kitzmiller v. Dover Area School District
4. Religious Momuments
a. McCreary County v. ACLU of Kentucky
b. Van Orden v. Perry
c. Salazaar v. Buono
ii. Free Exercise
1. The Religious Freedom Restoration Act
a. City of Boerne v. Flores
b. Gonzales v. O Centro Espiria Beneficiente Uniao Do Ve
2. Cutter v. Wilkinson
3. Hosanna-Tabor Evangelical Lutheran Church and School v.
E.E.O.C.
4. The Debate over Exemptions from the Affordable Care Act
a. Obama, Remarks on Preventive Health Care Insurance
Coverage and an Exchange with Reporters
b. United States Conference of Catholic Bishops, Bishops
Renew Call to Legislative Action on Religious Liberty
5. Parker v. Hurley
iii. Establishment and Free Exercise (and Free Speech)
1. Locke v. Davey
2. Rosenberger v. Rector and Visitors of University of Virginia
C. Guns
i. Ashcroft, Letter to National Rifle Association
ii. District of Columbia v. Heller
iii. Interest Groups on Gun Control and the Second Amendment
1.
IV.
National Rifle Association, The Constitution, Bill of Rights, and
Firearm Ownership in America
2. Brady Center to Prevent Gun Violence, Unintended Consequences:
What the Supreme Court’s Second Amendment Decision in D. C.
v. Heller Means for the Future of Gun Laws
D. Personal Freedom and Public Morality
i. Troxel v. Granville
ii. Abortion
1. Gonzales v. Carhart
2. Texas Medical Providers Performing Abortion Services v. Lakey
iii. Gay Rights
1. Lawrence v. Texas
2. Goodridge v. Department of Public Health
3. Perry v. Brown
4. The Defense of Marriage Act
a. House Committee on the Judiciary, Report on the Defense of
Marriage Act
b. Dissenting Views on H.R. 3396
c. Holder, Letter from Attorney General to Congress on
Litigation Involving the Defense of Marriage Act
5. States Debate Same-Sex Marriage
a. In re Marriage Cases
b. Conaway v. Deane
c. New York Same-Sex Marriage Law, Statement in Support
d. Christie, Veto Message
e. Protect Marriage Maine, Why Marriage Matters
iv. Right to Die (and Right to Life)
1. Washington v. Glucksberg
2. The Terri Schiavo Affair
a. In re Guardianship of Schiavo
b. Congressional Debate over the Bill for the Relief of the
Parents of Terri Schiavo
c. Bush, Statement on the Signing of Legislation for the Relief
of the Parents of Theresa Marie Schiavo
d. Schiavo ex rel. Schindler v. Schiavo
Democratic Rights
A. Free Speech
i. Advocacy
1. Virginia v. Black
2. Republican Party of Minnesota v. White
3. Holder v. Humanitarian Law Project
4. Brown v. Entertainment Merchants Association
5. Snyder v. Phelps
6. United States v. Alvarez
ii. Public Property, Subsidies, Employees, and Schools
1. Hill v. Colorado
2. Schenck v. Pro-Choice Network of Western New York
3. Pleasant Grove City, Utah v. Summum
V.
4. Rumsfeld v. Forum for Academic and Institutional Rights, Inc.
5. Legal Services Corporation v. Velazquez, et al.
6. United States v. American Library Association
7. Morse v. Frederick
iii. Campaign Finance
1. McConnell v. FEC
2. Randall v. Sorrell
3. Citizens United v. Federal Elections Commission
4. Arizona Free Enterprise Club’s Freedom Club PACv. Bennett
5. American Traditional Partnership, Inc. v. Bullock
iv. Media
1. Denver Area Educational Telecommunications Consortium, Inc. v.
FCC
2. Reno v. American Civil Liberties Union
v. Other Free Speech Issues
1. Boy Scouts of America v. Dale
B. Voting
i. One Person, One Vote
1. Bush v. Gore
ii. The Voting Rights Acts
1. The Fannie Lou Hamer, Rosa Parks and Coretta Scott King Voting
Rights Act Reauthorization and Amendments Act of 2006
2. Northwest Austin Municipal Utility District No. One v. Holder
iii. Gerrymandering
1. Vieth v. Jubelirer
iv. Majority-Minority Districts
1. Easley v. Cromartie
v. Regulating Elections
1. Crawford v. Marion County Election Board
2. California Democratic Party v. Jones
C. Citizenship
i. Saenz v. Roe
ii. Illegal Aliens
1. Martinez v. The Regents of the University of California
2. Arizona v. United States
Equality
A. Equality Under Law
i. Romer v. Evans
ii. Retail Industry Leaders Association v. Fielder
iii. Wal-Mart Stores, Inc. v. City of Turlock
B. Race
i. Affirmative Action
1. Grutter v. Bollinger
2. Gratz v. Bollinger
3. Ricci v. DeStefano
4. Parents involved in Community Schools v. Seattle School District
No. 1
5. Fisher v. University of Texas at Austin
VI.
ii. Racial Profiling
1. Department of Justice, Fact Sheet: Racial Profiling
C. Gender
i. United States v. Virginia
ii. State ERAs
1. New Mexico Right to Choose/NARAL v. Johnson
2. Bell v. Low Income Women of Texas
iii. Federal Power to Promote Gender Equality
1. United States v. Morrison
2. Nevada Department of Human Resources v. Hibbs
D. Native Americans
i. State v. Madsen
ii. United States v. Lara
Criminal Justice
A. Due Process and Habeas Corpus
i. Due Process
1. District Attorney’s Office for the Third Judicial District v. Osborne
2. Capeton v. A.T. Massey Coal Co., Inc.
ii. Habeas Corpus
1. The Antiterrorism and Effective Death Penalty Act
a. Congressional Debate over the AEDPA
b. Clinton, Statement on Signing the Antiterrorism and
Effective Death Penalty Act of 1996
c. Felker v. Turpin (expanded on the web)
B. Search and Seizure
i. Knowles v. Iowa
ii. Kyllo v. United States
iii. Board of Education of Independent School District No. 92 of Pottawatomie
County v. Earls
iv. Arizona v. Gant
v. Herring v. United States
vi. Safford Unified School District No. 1 v. Redding
vii. Florence v. Board of Chosen Freeholders of County of Burlington
viii. Ferguson v. City of Charleston
ix. United States v. Jones
C. Interrogations
i. Dickerson v. United States
ii. Missouri v. Siebert
iii. Berghuis v. Thompkins
D. Juries and Lawyers
i. Juries
1. Miller-El v. Dretke
2. Apprendi v. New Jersey
ii. Lawyers
1. Burdine v. Johnson
2. Husske v. Commonwealth
3. Lafler v. Cooper
E. Punishments
i. The Death Penalty
1. Atkins v. Virginia
2. Roper v. Simmons
3. Kennedy v. Louisiana
ii. Juvenile Offenders
1. Graham v. Florida
2. Miller v. Alabama
iii. Proportionality
1. Ewing v. California
iv. Prisons
1. Brown v. Plata
F. Infamous Crimes and Criminals
i. The War on Terror
1. Koh, The Obama Administration and International Law
2. The USA Patriot Act
a. Senate Debate over the Patriot Act
b. Bush, Remarks on Signing the USA Patriot Act of 2001
3. Hamdi v. Rumsfeld
4. Hamdan v. Rumsfeld
5. United States v. Awadallah
6. Ashcroft v. Al-Kidd
7. Tabbaa v. Chertoff
8. Electronic Surveillance
a. Department of Justice, Paper on National Security Agency
Activities
b. Congressional Research Service, Presidential Authority to
Conduct Warrantless Electronic Surveillance to Gather
Foreign Intelligence Information
c. Dworkin, On NSA Spying: A Letter to Congress
9. Enhanced Interrogation
a. Memoranda on Standards of Conduct of Interrogation
(“Torture Memos”)
i. Bybee, Memo to Albert R. Gonzales, Counsel to the
President
ii. Yoo, Memo to William Haynes II, General Counsel
of the Department of Defense
iii. Levin, Memo to James B. Comey, Deputy Attorney
General
b. Republican Presidential Candidates Debate Enhanced
Interrogation