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The Bill of Rights, 2nd Edition

Table of Contents

Volume 1



Incorporation of the Bill of Rights


Publisher’s Note


Contributor List


Introduction


Overview of the Ten Amendments



First Amendment


Second Amendment


Third Amendment


Fourth Amendment


Fifth Amendment


Sixth Amendment


Seventh Amendment


Eighth Amendment


Ninth Amendment


Tenth Amendment


Historical Topics and Legal Concepts



Bill of Rights: A Brief History and Summary


Blaine Amendments


Blasphemy Laws


Capitalism


Case Law


Citizenship


Commerce, Regulation of


Cold War and The Bill of Rights


Common Law


Comstock Act


Constitutional Interpretation


Constitutional Law


Constitution, U.S.


Contract, Freedom of


Dale’s Laws


Declaration of Independence


Dual Sovereignty


English Bill of Rights


Equal Protection and the Fifth Amendment


Espionage Statutes of World War I


Evolution and Creationism in the Public Schools


Federalism


Fundamental Rights


Habeas Corpus


Hatch Act


Hicklin Rule


Incorporation of The Bill of Rights


Innocence, Presumption of


Japanese American Relocation


Judicial Review


Judicial Scrutiny


Mere Evidence Rule


Military Law and The Bill of Rights


Plea Bargaining


Police Powers of the States


Reasonable Doubt in Criminal Trials


Sedition Act of 1798


Silver Platter Doctrine


Smith Act


Standing to Sue and Mootness


State Constitutions


Travel, Right to


Virginia Declaration of Rights


War and The Bill of Rights


Contemporary Issues Relating to The Bill of Rights



Abortion Rights


Academic Freedom


Affirmative Action Programs


Assembly and Association, Freedom of


Automobile Searches


Bad Tendency Test


Bail


Birth Control, Right to


Capital Punishment


Censorship


Chilling Effect


Civil Rights and Liberties


Clear and Present Danger Test


Commercial Speech


Conscientious Objection


Counsel, Right to


Cruel and Unusual Punishment


Double Jeopardy


Due Process, Procedural


Due Process, Substantive


Elastic Clause


Exclusionary Rule


First Amendment Absolutism


First Amendment Balancing


First Amendment Speech Tests


Flag Desecration


Gag Order


Gay And Lesbian Rights


Gender Issues of Equal Protection


Grand Jury


Hate Crimes


Hate Speech


Illegitimacy


Immigration and Naturalization Laws


Indian Bill of Rights


Indigent Criminal Defendants


Insanity Defense


Jury, Trial by


Jury Size and Composition


Lemon Test


Libel


Loyalty Oaths


Miranda Rights


Miscegenation Laws


National Security and The Bill of Rights


Natural Law


Newsroom Searches


Nuremberg Files


Obscenity and Pornography


Petition, Right of


Preferred Freedoms Doctrine


Preventive Detention


Prior Restraint on Speech and Publications


Privacy, Right of


Privileges and Immunities


Probable Cause


Property Rights


Public Forums


Public Use Doctrine


Released Time


Religion, Establishment of


Religion, Freedom of


School Prayer


Search and Seizure


Search Warrant Requirement


Seditious Libel


Self-Incrimination, Immunity Against


Speech and Press, Freedom of


Speech Codes at Colleges and Universities


Speedy Trials


States’ Rights


Stop and Frisk Rule


Sunday Closing Laws


Symbolic Speech


Takings Clause


Tax Exemptions and Deductions Based on Religion


Time, Place, and Manner Regulations


Transgender Persons, Rights of


Unprotected Speech


Viewpoint Neutrality


Witnesses, Confrontation of


Zoning


Volume 2



Court Cases



Abington School District v. Schempp


Abrams v. United States


Adair v. United States


Adamson v. California


Adarand Constructors v. Peña


Adderley v. Florida


Adkins v. Children’s Hospital


Afroyim v. Rusk


Agostini v. Felton


Albertson v. Subversive Activities Control Board


Allegheny County v. American Civil Liberties Union Greater Pittsburgh Chapter


Allgeyer v. Louisiana


Alvarez, United States v.


American Communications Association v. Douds


Argersinger v. Hamlin


Arizona v. Gant


Arizona v. United States


Ashcroft v. Free Speech Coalition


Atkins v. Virginia


Ballard v. United States


Barenblatt v. United States


Barker v. Wingo


Barnes v. Glen Theatre, Inc.


Barron v. Baltimore


Bates v. State Bar of Arizona


Batson v. Kentucky


Baze v. Rees


Bearden v. Georgia


Benton v. Maryland


Berghuis v. Thompkins


Betts v. Brady


Bigelow v. Virginia


Block v. Hirsh


BMW of North America v. Gore


Board of Education v. Allen


Board of Trustees of Scarsdale v. McCreary


Board of Education of Kiryas Joel Village School District v. Grumet


Bob Jones University v. United States


Boerne v. Flores


Bolling v. Sharpe


Bond v. United States


Botiller v. Dominguez


Boumediene v. Bush


Bowers v. Hardwick


Boyd v. United States


Boy Scouts of America v. Dale


Brandenburg v. Ohio


Branzburg v. Hayes


Brecht v. Abrahamson


Brewer v. Williams


Brown v. Board of Education


Brown v. Entertainment Merchants Association


Brown v. Mississippi


Brushaber v. Union Pacific Railroad Company


Buchanan v. Warley


Buckley v. Valeo


Burstyn v. Wilson


Burwell v. Hobby Lobby Stores, Inc.


Butler v. United States


Calder v. Bull


California v. Acevedo


Cantwell v. Connecticut


Carolene Products Co., United States v.


Carroll v. United States


Carter v. Carter Coal Co.


Champion v. Ames


Chaplinsky v. New Hampshire


Chicago, Burlington, and QuincyRailroad Co. v. Chicago


Chicago v. Morales


Chimel v. California


Christian Legal Society v. Martinez


Church of Lukumi Babalu Aye v. Hialeah


Citizens United v. Federal Election Commission


Clark v. Arizona


Cochran v. Louisiana State Board of Education


Cohen v. California


Cohen v. Cowles Media Co.


Coker v. Georgia


Collector v. Day


Committee for Public Education and Liberty v. Regan


Communist Party v. Subversive Activities Control Board


Cooley v. Board of Wardens of the Port of Philadelphia


Cooper v. Aaron


Corrigan v. Buckley


Counselman v. Hitchcock


Cox v. Louisiana


Cox v. New Hampshire


Craig v. Boren


Crawford v. Washington


Cruikshank, United States v.


Cruzan v. Director, Missouri Department of Health


Cummings v. Missouri


Cutter v. Wilkinson


Darby Lumber Company, United States v.


Davis v. Beason


DeJonge v. Oregon


Demore v. Kim


Dennis v. United States


DeShaney v. Winnebago County Department of Social Services


District of Columbia v. Heller


Dolan v. City of Tigard


Dombrowski v. Pfister


Dorr v. United States


Duncan v. Kahanamoku


Duncan v. Louisiana


E. C. Knight Company, United States v.


Edmonson v. Leesville Concrete Co.


Edwards v. Aguillard


Edwards v. California


Edwards v. South Carolina


Eichman, United States v.


Eisenstadt v. Baird


Elfbrandt v. Russell


Elk Grove Unified School District v. Newdow


Elrod v. Burns


Employment Division v. Smith


Engel v. Vitale


Epperson v. Arkansas


Escobedo v. Illinois


Everson v. Board of Education of Ewing Township


Farmer v. Brennan


Fedorenko v. United States


Feiner v. New York


Ferguson v. City of Charleston


First English Evangelical Lutheran Church of Glendale v. County of Los Angeles


Fisher v. University of Texas


Fletcher v. Peck


Florence v. Board of Chosen Freeholders of County of Burlington


Florida v. Bostick


Florida v. Jardines


Ford v. Wainwright


Frank v. Mangum


Friedrichs v. California Teachers Association


Frontiero v. Richardson


Frothingham v. Mellon


Fullilove v. Klutznick


Furman v. Georgia


Gault, In Re


Gibbons v. Ogden


Gideon v. Wainwright


Gitlow v. New York


Glossip v. Gross


Goldberg v. Kelly


Goldman v. Weinberger


Gonzales v. Carhart


Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal


Gonzales v. Raich


Good News Club v. Milford Central School


Graham v. Connor


Graham v. Florida


Graham v. Richardson


Grand Rapids School District v. Ball


Greer v.Spock


Gregg v. Georgia


Griffin v. California


Griswold v. Connecticut


Grosjean v. American Press Co.


Hague v. Congress of Industrial Organizations


Hall v. Florida


Hamdan v. Rumsfeld


Hammer v. Dagenhart


Harmelin v. Michigan


Harris v. McRae


Harris v. New York


Helvering v. Davis


Hernandez v. Commissioner of internal revenue


Hirabayashi v. United States


Hodel v. Irving


Holden v. Hardy


Holder v. Humanitarian Law Project


Holt v. Hobbs


Home Building and Loan Association v. Blaisdell


Hudson v. Michigan


Hudson v. Palmer


Hurley v. Irish-American Gay, Lesbian, and Bisexual Group of Boston


Hurtado v. California


Hustler Magazine v. Falwell


Hutto v. Davis


Illinois ex rel. McCollum v. Board of Education


Illinois v. Caballes


Illinois v. Wardlow


Jacobellis v. Ohio


Jacobson v. Massachusetts


Jimmy Swaggart Ministries v. Board of Equalization of California


Johnson v. Louisiana


Johnson v. Santa Clara County


Johnson v. Transportation Agency, Santa Clara County


Johnson v. Zerbst


Jones, United States v.


Kansas v. Hendricks


Kastigar v. United States


Katz v. United States


Katzenbach v. Morgan


Kelo v. City of New London


In re Kemmler


Kennedy v. Louisiana


Kent v. Dulles


Keyishian v. Board of Regents of the University of the State of New York


Keystone Bituminous Coal Association v. DeBenedictis


Klopfer v. North Carolina


Koontz v. St. Johns River Water Management District


Korematsu v. United States


Kunz v. New York


Kyllo v. United States


Lanza, United States v.


Larkin v. Grendel’s Den, Inc


Lawrence v. Texas


Lee v. Weisman


Legal Tender Cases


Lemon v. Kurtzman


Leon, United States v.


Lochner v. New York


Lone Wolf v. Hitchcock


Lopez, United States v.


Louisiana ex rel. Francis v. Resweber


Lovell v. City of Griffin


Loving v. Virginia


Lucas v. South Carolina Coastal Council


Lynch v. Donnelly


Matal v. Tam


McCleskey v. Kemp


McConnell v. Federal Election Commission


McCray v. United States


McCreary County v. American Civil Liberties Union


McCulloch v. Maryland


McDonald v. Chicago


McKeiver v. Pennsylvania


Mallory v. United States


Malloy v. Hogan


Mapp v. Ohio


Marshall v. Barlow’s


Maryland v. Buie


Maryland v. Craig


Maryland v. King


Massachusetts v. Mellon


Massiah v. United States


Masson v. New Yorker Magazine


Maxwell v. Dow


Memoirs v. Massachusetts


Metro Broadcasting, Inc. v. Federal Communications Commission


Meyer v. Nebraska


Miami Herald Publishing Co. v. Tornillo


Michigan Department of State Police v. Sitz


Michigan v. Bryant


Miller v. California; Paris Adult Theatre v. Slaton


Ex parte Milligan


Minersville School District v. Gobitis


Minnesota v. Carter


Miranda v. Arizona


Missouri v. Holland


Mitchell v. Helms


Moore v. City of East Cleveland


Moore v. Dempsey


Morehead v. New York ex rel. Tipaldo


Mugler v. Kansas


Mulford v. Smith


Munn v. Illinois


Murdock v. Pennsylvania


Murphy v. Waterfront Commission of New York


Murray’s Lessee v. Hoboken Land and Improvement Co.


National Association for the Advancement of Colored People v. Alabama


National Association for the Advancement of Colored People v. Button


National Endowment for the Arts v. Finley


National Federation of Independent Business v. Sebelius (a.k.a the Health Care Case)


National Labor Relations Board v. Jones and Laughlin Steel Corp.


National League of Cities v. Usery


National Socialist Party of America v. Village of Skokie


National Treasury Employees Union v.Von Raab


Near v. Minnesota


Nebbia v. New York


Nebraska Press Association v. Stuart


New York State Club Association v. City of New York


New York Times Co. v. Sullivan


New York Times Co. v. United States


New York v. Belton


New York v. Ferber


Nguyen v. Immigration and Naturalization Service


Nollan v. California Coastal Commission


Norris v. Alabama


Noto v. United States


Obergefell v. Hodges


O’Gorman and Young v. Hartford Fire Insurance Co.


Olmstead v. United States


Orr v. Orr


Osborne v. Ohio


Pacific Mutual Life Insurance Co. v. Haslip


Palko v. Connecticut


Payne v. Tennessee


Payton v. New York


Penn Central Transportation Co. v. City of New York


Penry v. Lynaugh


Personnel Administrator of Massachusetts v. Feeney


Pierce v. Society of Sisters


Plyler v. Doe


Pointer v. Texas


Powell v. Alabama


Presser v. Illinois


Printz v. United States


Ex parte Quirin


Railroad Retirement Board v. Fritz


R.A.V. v. City of St. Paul


Red Lion Broadcasting Co. v. Federal Communications Commission


Reed v. Reed


Regents of the University of California v. Bakke


Reno v. American Civil Liberties Union


Reynolds v. United States


Richmond Newspapers v. Virginia


Richmond v. J. A. Croson Co.


Robel, United States v.


Roberts v. United States Jaycees


Robinson v. California


Rochin v. California


Roe v. Wade


Romer v. Evans


Rompilla v. Beard


Roper v. Simmons


Ross, United States v.


Rostker v. Goldberg


Roth v. United States/Alberts v. California


Rummel v. Estelle


Runyon v. McCrary


Rust v. Sullivan


Rutan v. Republican Party of Illinois


Safford Unified School District v. Redding


Salinas v. Texas


Schenck v. United States


Scopes v. State of Tennessee


Scott v. Harris


Scott v. Sandford


Selective Draft Law Cases


Shapiro v. Thompson


Sherbert v. Verner


United States v. Shipp


Skinner v. Oklahoma


Skinner v. Railway Labor Executives Association


Slaughterhouse Cases


Smyth v. Ames


Snyder v. Phelps


Solem v. Helm


Stanford v. Kentucky


South Dakota v. Dole


Stanley v. Georgia


Steward Machine Co. v. Davis


Stone v. Graham


Stone v. Powell


Strauder v. West Virginia


Stromberg v. California


Talton v. Mayes


Taylor v. Louisiana


Tennessee v. Garner


Terminiello v. Chicago


Terry v. Ohio


Texas Monthly, Inc. v. Bullock


Texas v. Johnson


Thornhill v. Alabama


Tilton v. Richardson


Time v. Hill


Tinker v. Des Moines Independent Community School District


Trinity Lutheran Church v. Comer


Trop v. Dulles


Twining v. New Jersey


Tyson v. Banton


Ullman v. United States


United States District Court, United States v


Ursery, United States v


Utah v. Strieff


Van Orden v. Perry


Virginia v. Black


Voisine v. United States


Wade, United States v


Wallace v. Jaffree


Walz v. Tax Commission of The City of New York


Washington v. Davis


Washington v. Glucksberg


Watkins v. United States


Webster v. Reproductive Health Services


Weeks v. United States


Weems v. United States


Weinberger v. Wiesenfeld


West Coast Hotel v. Parrish


Whitney v. California


Whren v. United States


Wickard v. Filburn


Williams v. Florida


Williams v. Mississippi


Windsor, United States v


Wisconsin v. Mitchell


Wisconsin v. Yoder


Wolf v. Colorado


Wolff Packing Co. v. Court of Industrial Relations


Wolman v. Walter


Woodson v. North Carolina


Yates v. United States


Young v. American Mini Theatres


Younger v. Harris


Youngstown Sheet and Tube Co. v. Sawyer


Zadvydas v. Davis


Zelman v. Simmons-Harris


Zobrest v. Catalina Foothills School District


Zorach v. Clauson


Zurcher v. The Stanford Daily


Appendixes



A. The Declaration of Independence


B. The Constitution of The United States of America


C. Amendments to The U.S. Constitution


D. Supreme Court Justices and the Bill of Rights


E. Time Line


F. Glossary


G. Select Bibliography