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Table Of Contents

Acknowledgments
AbbreviAtions
A word to constitutionAl scholArs
A TAvern in 1791. . .
The STrucTure And ApproAch of ThiS Book
fooTnoTeS And BiBliogrAphy
evidence for The originAl conSTiTuTion
The common hiSTory
The founderS’ core poliTicAl vAlueS And principleS
1. Natural Rights: Liberty and Locke
2. Effective Government
3. Republican Government
4. Decentralized Government (Federalism)
5. Fiduciary Government—“Public Trust”
The conSTiTuTion’S legAl environmenT And STrucTure
The preAmBle
interPreting the constitution
The founderS’ guide: The “inTenT of The mAkerS”27
finding The “inTenT of The mAkerS” from The TexT
equiTABle conSTrucTion
common errorS of inTerpreTATion
STATe poWerS
ASpecTS of STATe SovereignTy
quAlificATionS on STATe SovereignTy—in generAl
quAlificATionS on STATe SovereignTy: foreign commerce
quAlificATionS on STATe SovereignTy: inTernAl commerce
orgAnizATion of ArTicle i
The houSe of repreSenTATiveS
The SenATe
The vice preSidenT
About the grAnts of Powers to congress
The enumerATed poWerS
limiTATionS on poWerS
conSTruing congreSSionAl poWerS
The fiduciAry nATure of congreSSionAl poWerS
The neceSSAry And proper clAuSe(S)
the Authority of congress
revenue-rAiSing
BorroWing And Spending
congreSSionAl miliTAry poWerS
congreSSionAl JudiciAl And criminAl poWerS
congreSSionAl AdminiSTrATive poWerS
1. A Limited Power Over Elections
2. Other administrative powers
the executive
inTroducTion
The preSidenT’S compenSATion And oATh
The enumerATed poWerS of The preSidenT—in generAl
1. The Scheme of Enumeration
2. The President’s Incidental Powers
preSidenTiAl poWerS ArguABly legiSlATive or JudiciAl
1. The Veto
2. Other Quasi-Legislative and Quasi-Judicial Authority
domeSTic execuTive poWerS
1. Executing the laws
2. Appointing subordinate executive officers
3. Removal of executive officers
miliTAry poWerS
foreign AffAirS And TreATieS
1. Powers of the President over foreign affairs
limiTATionS on The preSidenT
the JudiciAl brAnch
JudiciAl poWerS
JudiciAl revieW
limiTATionS on The JudiciAl poWer
on federAl Powers
“good governmenT” reSTricTionS
1. Uniformity of indirect taxes
2. Apportionment of direct taxes
3. The oath to support the Constitution
4. Other “good government” restrictions
1. The Problem of Retroactivity
4. The Fifth Amendment Due Process Clause
proTecTing “properTy” in SlAveS
The firST AmendmenT religion clAuSeS
The firST AmendmenT Speech And preSS clAuSeS
1. Freedom of the press
2. Freedom of speech
The firST AmendmenT ASSemBly And peTiTion clAuSeS
1. The Treason Clauses
2. The Privilege of the Writ of Habeas Corpus
3. Trial By Jury
4. Searches and Seizures
5. Due Process—cross-reference
6. Other pre-conviction safeguards
7. Post-Conviction Proceedings
ApplicATion of The Bill of righTS To miliTAry perSonnel
1. American military personnel
2. Captured enemy personnel
WhAT ABouT unenumerATed righTS?
The ninTh AmendmenT
The TenTh AmendmenT
removAl folloWing impeAchmenT And TriAl
removAl of execuTive officerS By The preSidenT
AmendmenT
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P. 1
The Original Constitution

The Original Constitution

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Published by remopan

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Published by: remopan on Nov 11, 2010
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