Missouri Compromise, 176
Monroe, James, 202
Moore, Alfred, 162
Moscow, 139–41
Murdoch, Rupert, 71, 114
Muslims
Supreme Court and, 145
undercover agents and, 28
NAACP, 86
freedom of association for, 20
Napoléon, 139, 155, 186
National German-American Alliance, 190
National Labor Relations Act, 182
National News (Staats Zeitung), 190
Native Americans, 35, 200
peyote and, 133–34, 145
natural law
for human dignity, 32
Jefferson and, 32
Ninth Amendment and, 33
Nazism
First Amendment and, 100–101
natural law and, 32
in World War II, 8, 32
New Deal, 182–85
New York City, campaign finance in, 92
New York Times, 71
New York Times v. Sullivan, 129–31
idea market and, 177
1984 (Orwell), 18
Nineteenth Amendment, 35
Ninth Amendment, 15, 28–34
Bork and, 33
Douglas and, 32
historical origins of, 30–31
natural law and, 33
secular conscience and, 134
“to imply the existence of nontextual rights” in, 29
Nixon, Richard, 62
Supreme Court and, 183
noncooperators, Vietnam War and, 137–38
nonprofit organizations, Free Speech Clause and, 72–73
North Carolina
electoral districts in, 51, 84
Republican Party in, 84
Northwest Ordinance, 202
Obama, Barak, 112
Occupy Wall Street, 127–29
Oklahoma, primary election in, 59
“one person, one vote” principle, 74
Brennan and, 44, 177
Constitution and, 177
electoral districts and, 53–54
Supreme Court and, 40–42, 52
original jurisdiction, of Supreme Court, 160–61
originalism
Constitution and, 175, 176–77
Dred Scott v. Sandford and, 176
First Amendment and, 6
Hamilton and, 177
Jefferson and, 177
of Scalia, 29, 175
Orwell, George, 18
Palmer, A. Mitchell, 189, 243n84
patronage
Marbury v. Madison and, 155–57, 158–59
Marshall, John, and, 158–59
Pentagon Papers, 121
personal autonomy, privacy and, 78
Petition Clause
civil War and, 89–90
England and, 90
of First Amendment, 17, 18, 20, 88–91, 98
Founders and, 89
slavery and, 89–90
Supreme Court and, 88–91
peyote, Native Americans and, 133–34, 145
Pinckney, Charles, 152
plural marriage, 146
Pol Pot, 97
poll taxes, 35–36
prayer, 143–44
pre-clearance, Voting Rights Act of 1965 and, 21, 36
president. See also Marbury v. Madison; specific presidents
citizenship and, 174
as lame duck, 44
succession for, 44
term limit for, 44
Twelfth Amendment and, 43–44
Twentieth Amendment and, 44
Twenty-Fifth Amendment and, 44
Twenty-Second Amendment and, 44
press. See also censorship; Free Press Clause
Adams, John, and, 6
First Amendment and, 5
Prigg v. Pennsylvania, 181
primary elections
Supreme Court and, 56–61
third parties in, 59–60
privacy
Due Process Clause and, 78
Equal Protection Clause and, 78
Founders and, 31
personal autonomy and, 78
probable clause, Fourth Amendment and, 26
prohibition, 44
proof beyond a reasonable doubt, 30
property qualifications, for voting, 36
property rights, in Fifth Amendment, 31–32, 176
public office
Constitution and, 42–43
First Amendment and, 14
religious test for, 139, 199
Supreme Court and, 44, 87
public schools
brainwashing in, 9
religion in, 146
punishment. See “cruel and unusual punishment”
punitive damages, in civil law, 27
pure speech
Buckley v. Valeo and, 177
campaign finance and, 64–65
communicative conduct and, 122–23
First Amendment and, 65
flag burning as, 123
purposivism, 177–78
Pussy Riot, 140–41
Putin, Vladimir, 106, 140–41
racial minorities
in Brooklyn, 50–51
electoral districts for, 21
Equal Protection Clause and, 47–48
Fifteenth Amendment and, 35, 45
First Amendment and, 100
Louisiana Supreme Court and, 48–49
prejudice against, 8
Supreme Court and, 50–51
voting by, 45, 50–51
Ramsay, Dennis, 160, 239–40n20
Randolph, Edmund, 199
RAV v. City of St. Paul, 235n37
Rawls, John, 138
Reagan, Ronald, 2, 132
reasonable doubt, 30
Reconstruction South, military in, 188–89
registration, of voters, 94–95, 148
Rehnquist, William, 114
campaign finance and, 63
convicted felon voting and, 45–46
religion, 132–47. See also Establishment Clause; Free Exercise Clause
Alito and, 145
Article I and, 209–10
censorship by, 99
Committee of Eleven and, 209–10
in First Amendment, 5, 14, 17
in public schools, 146
Supreme Court and, 184
religious conscience, 132–38
darker side of, 138–44
First Amendment and, 134
Founders and, 138
Religious Freedom Restoration Act (RFRA), 135, 136
religious test, for public office, 139, 199
religious wars, in England, 24
Republican Form of Government Clause
of First Amendment, 41, 42, 43, 230n6
Founders and, 43
for states, 42
Republican Party
Bush v. Gore and, 73
First Amendment and, 111
gerrymandering by, 53–54, 84–85, 229n13, 229n14
McCarthyism and, 110–11
in North Carolina, 84
primary elections and, 56–61
Supreme Court and, 10, 66, 73, 86–88, 113, 114–15
voter identification requirements and, 78
voters for, 21
residence requirements, for voting, 45, 57
Revolutionary War, 202
RFRA. See Religious Freedom Restoration Act
right to counsel, 204, 211
Sixth Amendment and, 27, 30
right to know, First Amendment and, 102
Roberts, John
on Affordable Care Act, 172
on McCutcheon v. Federal Election Commission, 74
Roberts, Owen, 182
Roosevelt, Franklin D., 182–85
Korematsu v. United States and, 192
Roosevelt, Teddy, 21
rule of law, 140
Marbury v. Madison and, 166–67
Rutledge, John, 154–55, 239n14
&n
bsp; Sacco, Nicola, 193
“safe-harbor” provision
in Bush v. Gore, 189
Hayes and, 232n51
Scalia, Antonin, 198, 226
on Free Exercise Clause, 134–35
Marbury v. Madison and, 173
originalism of, 29, 175
violent video games and, 107–8
Schauer, Frederick, 233n18
Schenck, Charles, 189–90, 195
Schwartz, Jacob, 191
search. See “unreasonable search and seizure”
Second Amendment
Founders and, 23
Keep and Bear Arms Clause in, 14, 24, 219
Supreme Court and, 24–25
“well-regulated Militia” in, 14, 23, 24
secrecy, First Amendment and, 102
secular conscience, 30, 210
First Amendment and, 31, 134
Harlan and, 41, 134
Ninth Amendment and, 134
Sedgwick, Theodore, 218
on Committee of Style, 221
seizure. See “unreasonable search and seizure”
self-defense, Keep and Bear Arms Clause and, 24
self-expression, First Amendment and, 8–9
self-incrimination, Fifth Amendment and, 26
Senate
Bill of Rights and, 222–23
conscience and, 19
filibuster and, 90–91
gerrymandering and, 55
judges and, 159
as malapportioned, 36
Seventeenth Amendment and, 43
separation of powers
Committee of Eleven and, 215–16, 219
in Constitution, 75
Marbury v. Madison and, 171
Tenth Amendment and, 206
Seventeenth Amendment, 43
Seventh Amendment, 25, 205, 227n2
jury trial and, 27, 206
Shaw v. Reno, 229n10
Shelby County v. Holder, 229n11
Sherman, Roger, 1, 197, 207–8, 216, 218, 220, 228
on Committee of Style, 221
Sikhs, 145
Sixteenth Amendment, 44
Sixth Amendment, 25, 205, 227n2
jury trial and, 27
proof beyond a reasonable doubt and, 30
right to counsel and, 27, 30
slavery. See also antislavery; Dred Scott v. Sandford
Civil War and, 176
Constitution and, 175–76
Fifth Amendment and, 176
Fourteenth Amendment and, 176
Fugitive Slave Clause, 181
judicial review and, 181–82
military draft as, 190
natural law against, 32
Petition Clause and, 89–90
Southern support for, 8
Thirteenth Amendment and, 44, 176
Smith Act, 193
Social Security, 135
Socialist Party, 189–90
“sore loser” laws, 57
Souter, David, 177–78
Brennan and, 40
Bush v. Gore and, 73
Founders and, 29
sovereignty, Tenth Amendment and, 33
speakers, First Amendment and, 99–100
spectator citizens, 37–38
speech. See also Free Speech Clause; pure speech
corporations and, 9–10
First Amendment and, 5
human dignity and, 8–9
jailings for, 6–7
speech targets, First Amendment and, 104, 129–31
Staats Zeitung (National News), 190
Stalin, Joseph, 97, 139, 140
Lipman and, 191
states. See also federalism; specific states
Bill of Rights and, 30, 31, 223
courts in, 168
Eleventh Amendment and, 44
Republican Form of Government Clause and, 41, 42, 43
third parties and, 61
Steimer, Mollie, 190, 191
Stevens, Wallace, 2–4, 16, 114, 115, 223
on campaign finance, 66
Stoddert, Benjamin, 160
strict literalism, of Thomas, 29
strict scrutiny, 41, 42
First Amendment and, 65, 121, 123
substantial interest, communicative conduct and, 122
supercitizens, 36–37
Supreme Court. See also judicial review; specific cases; specific justices
American Communist Party and, 7, 111
appellate jurisdiction of, 161, 167, 169–71
Article III and, 205–6
blanket primary and, 21, 58
campaign finance and, 20–21, 39, 61–69, 79–82
cancellation of 1802 term, 161–62
circuit riding by, 154, 157, 162, 238n8, 238n12
civil rights demonstrations and, 111
communicative conduct and, 122–23
compelling interest and, 121
Congress and, 161, 168, 170, 171
corporations and, 72
democracy and, 22, 40–42
Democratic Party and, 10, 109–10, 114–15, 182
draft card burning and, 64–65, 111
electoral districts and, 21, 22, 36
Establishment Clause and, 142, 144–47
First Amendment and, 10–12, 19, 78, 99, 100–101, 106–9
Free Exercise Clause and, 144–47
Free Speech Clause and, 13–14, 20, 102, 109–16, 121–22, 125
freedom of association and, 88
gerrymandering and, 55, 83–84
government and, 121–22
Jefferson and, 161–62
Jews and, 145
of Louisiana, 48–49
McCarthyism and, 110–11, 196
Muslims and, 145
Nixon and, 183
“one person, one vote” principle and, 40–42, 52
original jurisdiction of, 160–61
Petition Clause and, 88–91
plural marriage and, 146–47
politicization of, 180–85
primary elections and, 56–61
public office and, 44, 87
racial minorities and, 21, 50–51
religion and, 184
Republican Party and, 10, 66, 73, 86–88, 113, 114–15
Second Amendment and, 24–25
Sikhs and, 145
Tenth Amendment and, 33
third parties and, 88
Vietnam War and, 111, 133–34, 193–94
voting and, 21, 44, 87
Voting Rights Act and, 21
Takings Clause, of Fifth Amendment, 15, 27
Taney, Roger, 175–76
Merryman and, 186
tax credit, for campaign finance, 92
Tchaikovsky, Pyotr Ilyich, 139
Tenth Amendment, 15, 28–34
government power creep and, 32
historical origins of, 30–31
separation of powers and, 206
Supreme Court and, 33
Texas v. Johnson, 234n32
textualists, Constitution and, 173–75
Third Amendment, 23–25, 174
Committee of Eleven and, 212
Founders and, 23
military and, 229n18
third parties, 44–45
campaign finance and, 63
with major parties, 60–61
in primary elections, 59–60
“sore loser” laws and, 57
Supreme Court and, 88
Thirteenth Amendment
military draft and, 190
slavery and, 44, 176
Thomas, Clarence, 29
Time Warner, 126
Tinker v. Des Moines School Board, 234n26
“to imply the existence of nontextual rights,” in Ninth Amendment, 29
torture
Fifth Amendment, 26
Free Speech Clause and, 118
in violent video games, 107, 108, 109
Town of Greece v. Galloway, 143–44
treason
of Merryman, 186–87
witnesses for, 174–75
Treaty of Paris, 202, 207
true believers, 132–33, 145
Twelfth Amendment, 43–44
Twentieth Amendment, lame-ducks and, 44
Twenty-First Amendment, 44
Twenty-Second Amendment, 44
Twenty-Third Amendment, 43
Twenty-Fourth Amendment, 35–36
Twenty-Fifth Amendment, 44
Twenty-Sixth Amendment, 36
Twenty-Seventh Amendment, 44
undercover agents, in Muslim institutions, 28
Underground Railway, 31
United States v. Seeger, 236n3
universal suffrage, 35–36
“unreasonable search and seizure”
data-gathering programs and, 28
in Fourth Amendment, 15, 26, 28, 175
literalism for, 175
Vallandingham, Clement, 187, 195
Vanzetti, Bartolomeo, 193
vice-president, Twelfth Amendment and, 43–44
video games, 107–8
Vieth v. Jubelirer, 229n14
Vietnam War
CO and, 133–34, 137–38
First Amendment and, 193–94
noncooperators and, 137–38
Supreme Court and, 111, 133–34, 193–94
Vining, John, 207, 216
violent video games, 107–8
Virginia Declaration of Rights, 203
Virginia Pharmacy Board v. Virginia
Citizens Consumer Council, 234n34, 236n47
voter identification requirements, 229n12
Crawford v. Marion County and, 69
in Indiana, 69, 73–74
Republican Party and, 78
voting turnout and, 47
voters and voting. See also “one person, one vote” principle
citizenship of, 47
compulsory, 93–94
Constitution and, 42–43
by convicted felons, 36, 45–46, 49–50
for Democratic Party, 21
for District of Columbia, 43
eighteen-year-olds and, 36
Fifteenth Amendment and, 35
First Amendment and, 14, 61, 76–79
for House of Representatives, 148
literacy tests for, 36
low participation in, 95
Nineteenth Amendment and, 35
percent of, 37
property qualifications for, 36
by racial minorities, 45, 50–51
registration for, 94–95, 148
for Republican Party, 21
residence requirements for, 45, 57
suppressing turnout for, 46–47
Supreme Court and, 21, 44, 87
Twenty-Sixth Amendment and, 36
universal suffrage, 35–36
waiting periods for, 88
write-in, 61, 65
Voting Rights Act of 1965, 21, 36
literacy tests and, 45
pre-clearance and, 36
Voting Rights Act of 1982, 231n22
Wagner, Jacob, 158, 160, 164
War on Poverty, 112
Warrant Clause, of Fourth Amendment, 26
Warren, Earl, 111
draft card burning and, 194
Eisenhower and, 183