- Overview of Article I
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Section 1 Legislative Vesting Clause
- Overview of the Legislative Vesting Clause
- Legislative Vesting Clause: Historical Background
- Legislative Power in the Constitutional Framework
- Delegations of Legislative Power
- Nondelegation Doctrine
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Categories of Legislative Delegations
- Criminal Statutes and the Nondelegation Doctrine
- Delegations of Foreign and Military Affairs to the President
- States and Legislative Power Delegations
- Quasi-Governmental Entities and Legislative Power Delegations
- Private Entities and Legislative Power Delegations
- Taxes and Delegations of Legislative Power
- Individual Liberties and Delegations of Legislative Power
- Section 2 House of Representatives
- Section 3 Senate
- Section 4 Congress
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Section 5 Proceedings
- Clause 1 Authority
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Clause 2 Rules
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Rules, Punishments, and Expulsions
- Congressional Proceedings and the Rulemaking Clause
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Punishments and Expulsions from Congress
- Overview of the Expulsion Clause
- Historical Background of the Expulsion Clause
- Judicial Interpretations of the Expulsion Clause
- Misconduct That Occurred in Office
- Misconduct Occurring Prior to Election or Reelection
- House of Representatives Treatment of Prior Misconduct
- Senate Treatment of Prior Misconduct
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Rules, Punishments, and Expulsions
- Clause 3 Records
- Clause 4 Sessions
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Section 6 Rights and Disabilities
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Clause 1 Compensation, Privileges, and Immunities
- Compensation of Members of Congress
- Privilege from Arrest
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Speech or Debate Clause
- Overview of the Speech or Debate Clause
- Historical Background on the Speech or Debate Clause
- Activities to Which the Speech or Debate Clause Applies
- The Distraction Rationale and the Speech or Debate Clause
- Treatment of Communications Outside the Legislative Process
- The Subpoena Power and Congress
- Persons Who Can Claim the Speech or Debate Privilege
- Clause 2 Bar on Holding Federal Office
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Clause 1 Compensation, Privileges, and Immunities
- Section 7 Legislation
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Section 8 Enumerated Powers
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Clause 1 General Welfare Clause
- Taxation
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The Spending Power
- Overview of the Spending Clause
- Historical Background of the Spending Clause
- Early Spending Clause Jurisprudence
- Modern Spending Clause Jurisprudence Generally
- Clear Notice Requirement and the Spending Clause
- Anti-Coercion Requirement and the Spending Clause
- The General Welfare, Relatedness, and Independent Constitutional Bars
- Clause 2 Borrowing
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Clause 3 Commerce
- Overview of the Commerce Clause
- Meaning of Commerce
- Meaning of Among the Several States in the Commerce Clause
- Meaning of Regulate in the Commerce Clause
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Historical Background on the Commerce Clause Cases
- The Sherman Antitrust Act of 1890 and the Sugar Trust Case
- The Current of Commerce Concept and the 1905 Swift Case
- The Packers and Stockyards Act of 1921 and the Grain Futures Act of 1922
- New Deal Legislation Generally
- National Industrial Recovery and Agricultural Adjustment Acts of 1933
- Railroad Retirement and Securities Exchange Acts of 1934
- Public Utility Holding Company and Bituminous Coal Conservation Acts of 1935
- National Labor Relations Act of 1935
- Agricultural Marketing Agreement Act of 1937
- Fair Labor Standards Act of 1938
- Dual Federalism and the Commerce Clause
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Modern Interstate Commerce Clause Doctrine
- United States v. Lopez and the Interstate Commerce Clause
- Channels of Interstate Commerce
- Persons or Things in and Instrumentalities of Interstate Commerce
- Intrastate Activities Having a Substantial Relation to Interstate Commerce
- Limits on Federal Regulation of Intrastate Activity
- Regulation of Activity Versus Inactivity
- Regulation of Interstate Commerce to Achieve Policy Goals
- Civil Rights and the Commerce Clause
- Criminal Law and the Commerce Clause
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Dormant Commerce Clause
- Overview of the Dormant Commerce Clause
- Historical Background of the Dormant Commerce Clause
- Early Dormant Commerce Clause Jurisprudence
- Modern Dormant Commerce Clause Jurisprudence Generally
- General Prohibition on Facial Discrimination
- The State Proprietary Activity (Market Participant) Exception
- Congressional Authorization of Otherwise Impermissible State Action
- Facially Neutral Laws
- Traditional Government Functions
- Foreign Commerce and State Powers
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State Taxation
- Overview of State Taxation and the Dormant Commerce Clause
- Early Dormant Commerce Clause Jurisprudence on State Taxation
- Modern Dormant Commerce Clause Jurisprudence on State Taxation Generally
- The Nexus Prong of the Complete Auto Test for Taxes on Interstate Commerce
- The Apportionment Prong of the Complete Auto Test for Taxes on Interstate Commerce
- The Discrimination Prong of the Complete Auto Test for Taxes on Interstate Commerce
- The Benefit Prong of the Complete Auto Test for Taxes on Interstate Commerce
- Foreign
- Commerce With Native American Tribes: Scope of Authority
- Commerce With Native American Tribes: Restrictions on State Powers
- Clause 4 Naturalization and Bankruptcy Clauses
- Clause 5 Standards
- Clause 6 Counterfeiters
- Clause 7 Post Offices
- Clause 8 Intellectual Property
- Clause 9 Courts
- Clause 10 Maritime Crimes
- Clause 11 War Powers
- Clause 12 To Raise and Maintain Armies
- Clause 13 Navy Clause
- Clause 14 Land and Naval Force Rules
- Clause 15 To Call Militias
- Clause 16 Organization of Militias
- Clause 17 Enclave Clause
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Clause 18 Necessary and Proper Clause
- Overview of Necessary and Proper Clause
- Historical Background of the Necessary and Proper Clause
- Early Doctrine and McCulloch v. Maryland
- Post-McCulloch Nineteenth Century Development
- Twentieth Century to Present Doctrine
- Meaning of Proper
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Implied Power of Congress to Conduct Investigations and Oversight
- Overview of Investigation and Oversight Power of Congress
- Historical Background on Investigation and Oversight Power of Congress
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Implied Power of Congress to Conduct Investigations and Oversight
: Doctrine and Practice
- Early Doctrine on Congressional Investigations and Oversight (1787-1864)
- Postbellum and Pre-War Congressional Investigation and Oversight Doctrine (1865-1940)
- Mid-Twentieth Century Congressional Investigation and Oversight Developments (1940-1970)
- Rules-Based Limits of Congressional Investigations and Oversight
- Limits of Congressional Investigations and Oversight Based on Individual Constitutional Rights
- Modern Doctrine (1970-present)
- Immigration
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Clause 1 General Welfare Clause
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Section 9 Powers Denied Congress
- Clause 1 Migration or Importation Clause
- Clause 2 Habeas Corpus
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Clause 3 Nullification of Procedural Protections
- Historical Background on Bills of Attainder
- Doctrine on Bills of Attainder
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Ex Post Facto Laws
- Overview of Ex Post Facto Laws
- Historical Background on Ex Post Facto Laws
- Retroactivity of Ex Post Facto Laws
- Ex Post Facto Law Prohibition Limited to Penal Laws
- Increasing Punishment and Ex Post Facto Laws
- Imposing Criminal Liability and Ex Post Facto Laws
- Civil Commitment, Sex Offender Registration, and Ex Post Facto Laws
- Procedural Changes and Ex Post Facto Laws
- Employment Qualifications and Ex Post Facto Laws
- Retroactive Taxes and Ex Post Facto Laws
- Ex Post Facto Prohibition Does Not Apply to Judicial Decisions
- Ex Post Facto Laws, Deportation, and Related Issues
- Clause 4 Direct Taxes
- Clause 5 Export Taxes
- Clause 6 Ports Preferences
- Clause 7 Appropriations Clause
- Clause 8 Foreign Emoluments and Titles of Nobility
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Section 10 Powers Denied States
- Clause 1 Treaties, Coining Money, Impairing Contracts, etc.
- Clause 2 Imports and Exports
- Clause 3 Acts Requiring Consent of Congress