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Constitutional Law Treatise Table of Contents
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Constitutional Law Outline
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Introduction
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The Preamble
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Article I Legislative Branch
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Art. I, Section 1 Legislative Vesting Clause
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Art. I, Section 2 House of Representatives
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Art. I, Section 3 Senate
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Art. I, Section 4 Congress
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Art. I, Section 5 Proceedings
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Art. I, Section 6 Rights and Disabilities
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Art. I, Section 7 Legislation
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Art. I, Section 8 Enumerated Powers
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Art. I, Section 9 Powers Denied Congress
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Art. I, Section 10 Powers Denied States
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Article II Executive Branch
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Art. II, Section 1 Function and Selection
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Art. II, Section 2 Powers
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Art. II, Section 3 Duties
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Art. II, Section 4 Impeachment
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Article III Judicial Branch
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Art. III, Section 1 Vesting Clause
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Art. III, Section 2 Justiciability
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Art. III, Section 3 Treason
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Article IV Relationships Between the States
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Art. IV, Section 1 Full Faith and Credit Clause
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Art. IV, Section 2 Interstate Comity
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Art. IV, Section 3 New States and Federal Property
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Art. IV, Section 4 Republican Form of Government
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Article V Amending the Constitution
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Article VI Supreme Law
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Article VII Ratification
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First Amendment: Fundamental Freedoms
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Religion
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Establishment Clause
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Free Exercise Clause
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Free Speech Clause
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Freedom of Association
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Second Amendment: Right to Bear Arms
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Third Amendment: Quartering Soldiers
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Fourth Amendment: Searches and Seizures
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Fifth Amendment: Rights of Persons
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Sixth Amendment: Rights in Criminal Prosecutions
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Seventh Amendment: Civil Trial Rights
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Eighth Amendment: Cruel and Unusual Punishment
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Ninth Amendment: Unenumerated Rights
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Tenth Amendment: Rights Reserved to the States and the People
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Eleventh Amendment: Suits Against States
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Twelfth Amendment: Election of President
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Thirteenth Amendment: Abolition of Slavery
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Thirteenth Amend., Section 1 Prohibition on Slavery and Involuntary Servitude
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Thirteenth Amend., Section 2 Enforcement
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Fourteenth Amendment: Equal Protection and Other Rights
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Fourteenth Amend., Section 1 Rights
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Fourteenth Amend., Section 2 Apportionment of Representation
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Fourteenth Amend., Section 3 Disqualification from Holding Office
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Fourteenth Amend., Section 4 Public Debt
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Fourteenth Amend., Section 5 Enforcement
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Fifteenth Amendment: Right of Citizens to Vote
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Fifteenth Amend., Section 1 Right to Vote
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Fifteenth Amend., Section 2 Enforcement
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Sixteenth Amendment: Income Tax
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Seventeenth Amendment: Popular Election of Senators
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Eighteenth Amendment: Prohibition of Liquor
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Eighteenth Amend., Section 1 Prohibition
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Eighteenth Amend., Section 2 Enforcement of Prohibition
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Eighteenth Amend., Section 3 Ratification Deadline
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Nineteenth Amendment: Women's Suffrage
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Twentieth Amendment: Presidential Term and Succession
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Twentieth Amend., Section 1 Terms
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Twentieth Amend., Section 2 Meetings of Congress
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Twentieth Amend., Section 3 Succession
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Twentieth Amend., Section 4 Congress and Presidential Succession
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Twentieth Amend., Section 5 Effective Date
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Twentieth Amend., Section 6 Ratification
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Twenty-First Amendment: Repeal of Prohibition
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Twenty-First Amend., Section 1 Repeal of Eighteenth Amendment
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Twenty-First Amend., Section 2 Importation, Transportation, and Sale of Liquor
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Twenty-First Amend., Section 3 Ratification Deadline
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Twenty-Second Amendment: Presidential Term Limits
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Twenty-Second Amend., Section 1 Limit
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Twenty-Second Amend., Section 2 Ratification Deadline
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Twenty-Third Amendment: District of Columbia Electors
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Twenty-Third Amend., Section 1 Electors
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Twenty-Third Amend., Section 2 Enforcement
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Twenty-Fourth Amendment: Abolition of Poll Tax
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Twenty-Fourth Amend., Section 1 Poll Tax
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Twenty-Fourth Amend., Section 2 Enforcement
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Twenty-Fifth Amendment: Presidential Vacancy
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Twenty-Fifth Amend., Section 1 Presidential Vacancy
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Twenty-Fifth Amend., Section 2 Vice President Vacancy
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Twenty-Fifth Amend., Section 3 Declaration by President
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Twenty-Fifth Amend., Section 4 Declaration by Vice President and Others
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Twenty-Sixth Amendment: Reduction of Voting Age
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Twenty-Sixth Amend., Section 1 Eighteen Years of Age
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Twenty-Sixth Amend., Section 2 Enforcement
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Twenty-Seventh Amendment: Congressional Compensation
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Twenty-Second Amendment Presidential Term Limits
Ratified in 1951, the Twenty-Second Amendment limits persons to being elected only twice to the presidency. As a House Report noted in 1947:
By reason of the lack of a positive expression upon the subject of the tenure of the office of President, and by reason of a well-defined custom which has risen in the past that no President should have more than two terms in that office, much discussion has resulted upon this subject. Hence it is the purpose of this . . . [proposal] . . . to submit this question to the people so they, by and through the recognized processes, may express their views upon this question, and if they shall so elect, they may . . . thereby set at rest this problem.H.R. Rep. No. 17, 80th Cong., 1st Sess. at 2 (1947).
This characterization of the issue followed soon after the people had elected Franklin D. Roosevelt to unprecedented third and fourth terms of office, in 1940 and 1944, respectively.
The Twenty-Second Amendment has yet to be applied. Commentary suggests, however, that a number of issues could be raised as to the Twenty-Second Amendment's meaning and application, especially in relation to the Twelfth Amendment. By its terms, the Twenty-Second Amendment bars only the election of two-term Presidents, and this prohibition would not prevent someone who had twice been elected President from succeeding to the office after having been elected or appointed Vice President. Broader language providing that no such person "shall be chosen or serve as President . . . or be eligible to hold the office" was rejected in favor of the Twenty-Second Amendment's ban merely on election.[1] Whether a two-term President could be elected or appointed Vice President depends upon the meaning of the Twelfth Amendment, which provides that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President." Is someone prohibited by the Twenty-Second Amendment from being "elected" to the office of President thereby "constitutionally ineligible to the office?" Note also that neither Amendment addresses the eligibility of a former two-term President to serve as Speaker of the House or as one of the other officers who could serve as President through operation of the Succession Act.[2]
- Main Article
Clause Text
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No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
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Section 2 Ratification Deadline[edit | edit source]
- Main Article
Clause Text
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This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
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- ↑ H.J. Res. 27, 80th Cong., 1st Sess. (1947) (as introduced). As the House Judiciary Committee reported the measure, it would have made the covered category of former presidents "ineligible to hold the office of President." H.R. Rep. No. 17, 80th Cong., 1st Sess. at 1 (1947).
- ↑ 3 U.S.C. § 19. For analysis of the Twenty-Second Amendment and its applicability to the various scenarios under which a person can succeed to the office, see Bruce G. Peabody and Scott E. Gant, The Twice and Future President: Constitutional Interstices and the Twenty-Second Amendment, 83 Minn. L. Rev. 565 (1999).