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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


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


Case Law


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


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


Birth Control, Right to

Capital Punishment


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


Immigration and Naturalization Laws

Indian Bill of Rights

Indigent Criminal Defendants

Insanity Defense

Jury, Trial by

Jury Size and Composition

Lemon Test


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


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


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