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| Introduction to Constitutional Law | |
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| Why is the Constitution So Important? | |
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| Foundations of the Term "Constitution" | |
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| Development of the Term | |
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| The Constitution as a Paradigm | |
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| A Brief History of the U.S. Constitution | |
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| The Idea of a Constitution | |
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| The English Charters | |
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| The Colonial Charters | |
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| Americans and the Revolution | |
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| The New Government | |
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| The Articles of Confederation | |
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| The Post-War Rebellions | |
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| The Early Conventions | |
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| The Philadelphia Convention | |
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| Preparing for the Convention | |
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| The Beginning of the Convention | |
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| The Virginia Plan | |
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| The Pinckney Plan | |
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| The Debates | |
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| The Campaign for Ratification | |
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| Adding the First Amendments | |
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| Article III -- The Judiciary | |
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| Organization of the Courts | |
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| Creating the Federal System | |
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| One Supreme Court | |
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| The Inferior Courts | |
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| Creation of the Courts | |
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| Abolition of Courts | |
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| Compensation of Judges | |
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| Courts of Specialized Jurisdiction | |
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| Bankruptcy Courts | |
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| Judicial Power | |
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| Characteristics and Attributes of Judicial Power | |
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| "Shall Be Vested" | |
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| Getting into Federal Court | |
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| Choosing between State and Federal Court | |
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| The Power of Contempt | |
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| Sanctions Other Than Contempt | |
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| Power to Issue Writs: The Act of 1789 | |
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| Habeas Corpus: Congressional and Judicial Control | |
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| Habeas Corpus: The Process of the Writ | |
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| Judicial Review | |
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| The Establishment of Judicial Review | |
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| Marbury v. Madison | |
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| Judicial Review and National Supremacy | |
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| Limitations on the Exercise of Judicial Review | |
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| Constitutional Interpretation | |
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| The Doctrine of "Strict Necessity" | |
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| Presumption of Constitutionality | |
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| Stare Decisis in Constitutional Law | |
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| First Amendment -- Religion and Expression | |
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| Religion: An Overview | |
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| Introduction | |
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| Early Work by the Founders | |
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| Shaping an Amendment | |
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| Early Challenges to the Amendment | |
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| "Establishment of Religion" | |
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| Financial Assistance to Church-Related Institutions | |
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| Government Encouragement of Religion in Public Schools | |
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| Development of Other Legal Standards | |
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| Government Neutrality in Religious Disputes | |
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| Sunday Closing Laws | |
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| Free Exercise of Religion | |
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| The Belief-Conduct Distinction | |
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| Government Restrictions on Conduct | |
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| Freedom of Expression: Speech and Press | |
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| Introduction | |
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| Adoption and the Common Law Background | |
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| Is There a Difference between Speech and Press? | |
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| The Doctrine of Prior Restraint | |
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| Injunctions and the Press in Fair Trial Cases | |
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| Obscenity and Prior Restraint | |
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| Subsequent Punishment: "Clear and Present Danger" and Other Tests | |
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| "Clear and Present Danger" | |
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| The Adoption of "Clear and Present Danger" | |
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| "Clear and Present Danger" Revised: The Dennis Case | |
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| Balancing the Speech and the Restriction | |
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| Other Tests and Standards | |
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| The Present Test | |
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| Rights of Assembly and Petition | |
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| Background and Development | |
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| Fourth Amendment -- Search and Seizure | |
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| The History and Application of the Fourth Amendment | |
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| History of the Amendment | |
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| Application of the Amendment | |
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| Search without a Warrant | |
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| Who is Protected under the Amendment? | |
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| The Interest Protected | |
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| Arrests and Other Detentions | |
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| What is a Seizure? | |
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| Detention Short of Arrest: Stop-and-Frisk | |
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| Searches and Seizures Pursuant to Warrant | |
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| Introduction | |
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| Issuance by Neutral Magistrate | |
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| Probable Cause | |
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| Particularity | |
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| First Amendment Bearing on Probable Cause and Particularity | |
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| Property Subject to Seizure | |
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| Execution of Warrants | |
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| Knock and Announce | |
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| Timeliness | |
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| Third Parties on the Premises | |
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| Warrantless Searches and Exceptions to the Warrant Requirements | |
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| Introduction | |
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| Search Incident to Arrest | |
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| Vehicular Searches | |
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| Vessel Searches | |
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| Consent Searches | |
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| Border Searches | |
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| Open Fields | |
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| Plain View | |
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| Public Schools | |
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| Government Offices | |
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| Prisons and Regulation of Probation | |
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| Drug Testing | |
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| Electronic Surveillance under the Fourth Amendment | |
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| Development of the Early Standard | |
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| Evolution to a Modern Standard of Judicial Scrutiny | |
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| Warrantless "National Security" Electronic Surveillance | |
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| Enforcing the Fourth Amendment | |
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| The Exclusionary Rule | |
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| The Foundations of the Exclusionary Rule | |
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| Narrowing Application of the Exclusionary Rule | |
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| Alternatives to the Exclusionary Rule | |
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| Fifth Amendment -- Rights of Persons | |
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| Indictment by Grand Jury | |
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| Developing a Right | |
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| Indictment and Infamous Crimes | |
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| Double Jeopardy | |
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| Development and Scope | |
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| Jeopardy at Pretrial Proceedings | |
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| Concurrent and Overlapping Jurisdictions | |
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| Subsequent Prosecution Following Mistrial | |
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| Subsequent Prosecution Following Acquittal | |
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| Reprosecution Following Conviction | |
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| Sentence Increases | |
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| Double Jeopardy and "the Same Offense" | |
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| Two or More Victims | |
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| Self-Incrimination | |
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| Development and Scope | |
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| Application of the Privilege: Corporations and Non-Human Legal Entities | |
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| Application of the Privilege: Persons | |
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| The Power to Compel Testimony and Disclosure: Immunity | |
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| Required Records Doctrine | |
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| Confessions and Police Interrogation: Initial Application of Due Process | |
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| The Common-Law Rule | |
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| State Confession Cases | |
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| Self-Incrimination: From Voluntariness Standard to Miranda | |
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| Introduction | |
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| Miranda v. Arizona: The Case | |
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| Other Interpretations of Miranda | |
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| Assertion of the Rights and Application of the Warnings | |
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| Procedure in the Trial Courts | |
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| Due Process under the Fifth Amendment | |
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| History of the Protection | |
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| Scope of the Guaranty | |
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| Procedural Due Process | |
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| Substantive Due Process | |
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| Sixth Amendment -- Rights of Accused in Criminal Prosecutions | |
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| Speedy Public Trial | |
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| Coverage | |
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| Right to a Speedy and Public Trial | |
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| Source and Rationale | |
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| Application and Scope | |
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| When the Right is Denied | |
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| Public Trial | |
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| Right to Trial by Impartial Jury | |
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| Development of the Right | |
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| The Attributes of the Jury | |
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| Criminal Proceedings to Which the Guarantee Applies | |
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| Impartial Jury | |
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| Place of Trial: Selecting a Jury of the Vicinage | |
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| Right of Notification and Confrontation | |
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| Notice of Accusation | |
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| Confrontation | |
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| Compulsory Process | |
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| Assistance of Counsel | |
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| Development of an Absolute Right to Counsel at Trial | |
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| Protection of the Right to Retained Counsel | |
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| Effective Assistance of Counsel | |
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| Right to Self-Representation | |
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| Right to Assistance of Counsel in Nontrial Situations | |
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| Judicial Proceedings before Trial | |
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| Pre-Charge Issues: Custodial Interrogation | |
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| Lineups and Other Identification Situations | |
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| Post-Conviction Proceedings | |
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| Noncriminal and Investigatory Proceedings | |
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| Eighth Amendment -- Further Guarantees in Criminal Cases | |
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| Excessive Bail | |
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| Introduction | |
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| Standards of Bail | |
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| Cruel and Unusual Punishments | |
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| Excessive Fines | |
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| Standards for Cruel and Unusual Punishment | |
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| Interpretation of the Amendment | |
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| Defining "Cruel and Unusual Punishments" | |
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| Specific Issues in Capital Punishment | |
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| Capital Punishment for Other Offenses: Rape and Non-Murder Cases | |
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| Felony Murder | |
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| Race | |
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| Execution of the Insane | |
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| Mentally Retarded | |
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| Juveniles | |
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| Procedural Delay | |
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| Proportionality | |
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| Other Issues under the Eighth Amendment | |
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| Convictions Based on Status | |
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| Prisons and Punishment | |
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| Limitation of the Clause to Criminal Punishments | |
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| Fourteenth Amendment -- Due Process and Equal Protection | |
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| Due Process of Law | |
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| The Development of Substantive Due Process | |
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| Police Power Defined and Limited | |
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| Health, Safety, and Morals | |
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| Procedural Due Process | |
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| Introduction | |
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| The Elements of Due Process: Definiteness | |
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| Statutory Notice | |
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| Entrapment | |
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| Criminal Identification Process | |
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| Initiation of the Prosecution | |
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| Fair Trial | |
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| Guilty Pleas | |
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| Prosecutorial Misconduct | |
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| Sentencing | |
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| The Constitution of the United States of America | |
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| Amendments to the Constitution of the United States of America | |
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| Case Listing | |
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| Index | |