Preface to the Seventh Edition |
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Acknowledgments |
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Chapter 1 The Background And Purposes Of The Constitution |
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1 | (22) |
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The Declaration of Independence |
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The Background of the Declaration |
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The Purpose of the Document |
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The Idea of Equality of Human Rights |
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The Purpose of Government |
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Charges against the English King |
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Indictments against the King and the Parliament |
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War Atrocities and Slavery |
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Recapitulation of Earlier Petitions |
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The Articles of Confederation |
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The Principles and Structures |
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The Achievements and Problems |
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Prelude to the Constitutional Convention |
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The Constitutional Convention |
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Prominent Convention Issues and Compromises |
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Ratification of the Constitution |
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The Purposes of the Constitution |
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For Reflection and Discussion |
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References and Suggestions for Further Study |
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Chapter 2 Article I: The Legislative Branch |
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The Outline of the Constitution and Separation of Powers |
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The Priority of the Legislative Branch |
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The U.S. House of Representatives |
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Terms of Office and Qualifications for Voters |
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Qualifications for the House |
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Representation and Taxation |
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Initial State Representation |
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Representation, Voting, and Terms |
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Staggered Senate Terms and Vacancies |
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Qualifications for the Senate |
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The Legislative Role of the Vice President |
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The Consequences of Impeachment |
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Other Matters Involving Congressional Operations |
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Congressional Compensation |
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Article I, Section 7-Procedures for Passing Laws |
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Procedures for Lawmaking and Presidential Vetoes |
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Article I, Section 8-Powers Granted to Congress |
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Power to Regulate Commerce |
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A Note on Native Americans |
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Power over Naturalization |
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Coining Money and Establishing Uniform Standards |
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Establishing a Post Office and Promoting Scientific Advances |
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Establishing Lower Courts |
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Governing the District of Columbia |
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Congressional Investigations |
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Article I, Section 9-Limits on Congressional Powers |
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The Suspension Clause and the Writ of Habeas Corpus |
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Bills of Attainder and Ex Post Facto Laws |
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Economic Protections for the States |
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The Appropriation of Money |
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Limits on Titles of Nobility and Foreign Emoluments |
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Article I, Section 10-Limits on the States |
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Powers Reserved to the National Government |
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Other Economic Limits on the States |
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For Reflection and Discussion |
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References and Suggestions for Further Study |
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Chapter 3 Article II: The Executive Branch |
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65 | (26) |
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Presidential Selection and the Electoral College |
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Presidential Qualifications |
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The Vice President and Presidential Disability |
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Getting Advice from the Cabinet |
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Power to Pardon and Reprieve |
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Negotiation and Ratification of Treaties |
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Presidential Appointment and Removal Powers |
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Recess Appointments Clause |
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The State of the Union Address |
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Power to Convene and Adjourn Congress |
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The President as Chief Diplomat |
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Power to Execute the Laws and Executive Privilege |
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Commissioning of Military Officers |
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Executive Orders and Presidential Signing Statements |
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For Reflection and Discussion |
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References and Suggestions for Further Study |
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Chapter 4 Article III: The Judicial Branch |
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91 | (18) |
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Organization and Guidelines |
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The U.S. Supreme Court and Other Inferior Courts |
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Cases Based on Subject Matter and Parties to the Suit |
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Cases of Original and Appellate Jurisdiction |
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Limits on the Judicial Branch |
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The Political Questions Doctrine |
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Statutory Interpretation and Judicial Review |
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Judicial Review in Practice |
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The Nature of Article III |
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For Reflection and Discussion |
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References and Suggestions for Further Study |
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Chapter 5 Article IV: The Federal System |
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109 | (12) |
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Three Forms of Government |
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Layer Cake or Marble Cake? |
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Obligations of States to One Another |
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The Full Faith and Credit Clause |
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The Privileges and Immunities Clause |
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The Fugitive Slave Clause |
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The Admission of New States |
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Governing the Territories |
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Obligations of the Nation to the States |
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Rejected Doctrines of Federalism |
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The Status of Local Governments |
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For Reflection and Discussion |
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References and Suggestions for Further Study |
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Chapter 6 Articles V-VII: The Amending Provision And Miscellaneous Matters |
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121 | (12) |
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The Most Common Route for Proposal and Ratification |
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The Unused Convention Mechanism |
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Rescissions and Time Limits |
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Is the Amending Process Exclusive? |
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The History of Amendments in the United States |
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The Continuing Validity of Debts |
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Oaths of Office and Prohibition of Religious Tests |
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Ratification of the Constitution |
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For Reflection and Discussion |
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References and Suggestions for Further Study |
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Chapter 7 The Bill Of Rights-The First Amendment |
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133 | (28) |
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Application of the Bill of Rights |
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The Bill of Rights: A Floor or a Ceiling? |
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The Placement of the First Amendment |
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The Establishment and Free Exercise Clauses |
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The Three-Part Lemon Test and the Wall of Separation |
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Application of the Establishment Clause to Schools |
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The Free Exercise Clause and the Belief/Practice Dichotomy |
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Application of the Free Exercise Clause |
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Justifications for Freedom of Speech |
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Tests for Subversive Speech |
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Fighting Words and True Threats |
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Additional First Amendment Rights |
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Assembly, Association, and Petition |
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For Reflection and Discussion |
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References and Suggestions for Further Study |
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Chapter 8 The Bill Of Rights: Of Arms And Men-Amendments 2-3 |
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161 | (6) |
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The Second Amendment Right to Bear Arms |
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The Prohibition against Quartering Troops |
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For Reflection and Discussion |
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References and Suggestions for Further Study |
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Chapter 9 The Bill Of Rights And The Rights Of The Accused And The Convicted-Amendments 4-8 |
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167 | (24) |
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The Fourth Amendment and Searches and Seizures |
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An Amendment in Two Parts |
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The Reasonableness Requirement |
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The Double Jeopardy Provision |
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Protection against Self-Incrimination |
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Physical Evidence versus Testimonial Evidence |
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The Rights of Notification, Confrontation, and Compulsory Process |
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Petit Juries in Common-Law Cases |
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Recidivism Laws and Proportionality Concerns |
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For Reflection and Discussion |
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References and Suggestions for Further Study |
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Chapter 10 The Bill Of Rights, The Rights Of The States (Amendments 9-10), And Amendments 11 And 12 |
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191 | (16) |
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Two Prominent Views of the Amendment |
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Birth Control and Abortion |
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Postscript to the Elections of 2000 and 2020 |
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For Reflection and Discussion |
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References and Suggestions for Further Study |
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Chapter 11 The Post-civil War Amendments-amendments 13-15 |
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207 | (22) |
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Three Important Guarantees |
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Supreme Court Decisions Limiting the Impact of the Fourteenth Amendment |
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Brown and the Rebirth of the Fourteenth Amendment |
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School Busing and Affirmative Action Programs |
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Equal Protection and Gender-Based Classifications |
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Equal Protection and Other Classifications |
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Equal Protection and Legislative Apportionment |
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A Rebirth of the Due Process Clause? |
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Reversing the Three-Fifths Clause |
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Restrictions on Former Rebels |
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Valid and Invalid Public Debts |
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Enforcement of the Fourteenth Amendment |
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Racially Discriminatory Voting |
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The Lesson of the Postwar Amendments |
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For Reflection and Discussion |
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References and Suggestions for Further Study |
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Chapter 12 The Progressive Era Amendments-amendments 16-19 |
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229 | (8) |
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The Seventeenth Amendment |
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The Election of U.S. Senators |
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The National Prohibition of Alcohol |
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For Reflection and Discussion |
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References and Suggestions for Further Study |
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Chapter 13 The Recent Amendments-amendments 20-27 |
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237 | (16) |
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The Twenty-first Amendment |
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The Repeal of National Alcohol Prohibition |
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The Twenty-second Amendment |
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A Limit on Presidential Terms of Office |
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The Twenty-third Amendment |
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Electoral Votes for the District of Columbia |
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The Twenty-fourth Amendment |
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The Prohibition of Poll Taxes |
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The Twenty-fifth Amendment |
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Vacancies and Disabilities |
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Vacancies in the Vice Presidency |
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Cases of Presidential Disability |
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The Twenty-sixth Amendment |
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Eighteen-Year-Olds and the Right to Vote |
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The Twenty-seventh Amendment |
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Author's Postscript on the American Future |
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For Reflection and Discussion |
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References and Suggestions for Further Study |
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Reading Supreme Court Decisions |
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253 | (8) |
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Locating Cases and Understanding Citations |
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Fifty Case Names and Decisions |
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Glossary |
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261 | (18) |
Highlights of Constitutional History |
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279 | (14) |
U.S. Supreme Court Justices |
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293 | (4) |
Appendix 1: The Constitution of the United States |
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297 | (18) |
Appendix 2: The Declaration of Independence |
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315 | (4) |
Appendix 3: The Articles of Confederation |
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319 | (8) |
Index |
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