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112th Congress DOCUMENT

! SENATE "

2nd Session No. 112-9

THE CONSTITUTION

of the

UNITED STATES OF AMERICA

ANALYSIS AND INTERPRETATION

Centennial Edition

INTERIM EDITION: ANALYSIS OF CASES DECIDED

BY THE SUPREME COURT OF THE UNITED STATES

TO JUNE 27, 2016 PREPARED BY THE

C

ONGRESSIONALRESEARCHSERVICE

L

IBRARY OFCONGRESS

M

ICHAELJ. GARCIA

K

ATEM. MANUEL

A

NDREWNOLAN

A

TTORNEYEDITORS

M

EGHANTOTTEN

L

EGALEDITOR

U.S. GOVERNMENT PUBLISHING OFFICE

59-309 WASHINGTON : 2016

Online Version: www.gpo.gov/constitutionannotated

For sale by the Superintendent of Documents, U.S. Government Publishing

Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (

202) 512-1800

Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001

To Johnny Killian

Senior Editor Emeritus

(1938-2008)

Justice Antonin Scalia

Associate Justice, United States Supreme Court

(1936-2016)

Special thanks to

Shirley Loo

Sam Bosch

for invaluable assistance in the preparation of this document III

AUTHORIZATION

PUBLIC LAW 91-589, 84 STAT. 1585, 2 U.S.C. § 168 JOINT RESOLUTION Authorizing the preparation and printing of a revised edition of the Constitution of the United States of America-Analysis and Interpretation, of decennial revised editions thereof, and of biennial cu- mulative supplements to such revised editions.

Whereas the Constitution of the United States of America-Analysis and Interpretation, published in 1964 as Senate Docu-ment Numbered 39, Eighty-eighth Congress, serves a veryuseful purpose by supplying essential information, not onlyto the Members of Congress but also to the public at large;

Whereas such document contains annotations of cases decided by the Supreme Court of the United States to June 22, 1964;

Whereas many cases bearing significantly upon the analysis andinterpretation of the Constitution have been decided by theSupreme Court since June 22, 1964;

Whereas the Congress, in recognition of the usefulness of thistype of document, has in the last half century since 1913,ordered the preparation and printing of revised editions ofsuch a document on six occasions at intervals of from tento fourteen years; and

Whereas the continuing usefulness and importance of such a docu-ment will be greatly enhanced by revision at shorter inter-vals on a regular schedule and thus made more readily avail-able to Members and Committees by means of pocket-partsupplements: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Librar- ian of Congress shall have prepared- (1) a hardbound revised edition of the Constitution of the United States of America-Analysis and Interpretation, published as Senate Document Numbered 39, Eighty-eighth Congress

(referred to hereinafter as the "Constitution Annotated"), whichshall contain annotations of decisions of the Supreme Courtof the United States through the end of the October 1971term of the Supreme Court, construing provisions of the Con-

stitution;

(2) upon the completion of each of the October 1973, October1975, October 1977, and October 1979 terms of the Su-

V

preme Court, a cumulative pocket-part supplement to thehardbound revised edition of the Constitution Annotated pre-pared pursuant to clause (1), which shall contain cumula-tive annotations of all such decisions rendered by the Su-preme Court after the end of the October 1971 term;

(3) upon the completion of the October 1981 term of the Su-preme Court, and upon the completion of each tenth Octo-ber term of the Supreme Court thereafter, a hardbound de-cennial revised edition of the Constitution Annotated, which

shall contain annotations of all decisions theretofore ren-dered by the Supreme Court construing provisions of the Con-stitution; and

(4) upon the completion of the October 1983 term of the Su-preme Court, and upon the completion of each subsequentOctober term of the Supreme Court beginning in an odd-numbered year (the final digit of which is not a 1), a cumu-lative pocket-part supplement to the most recent hard-bound decennial revised edition of the Constitution Annotated,which shall contain cumulative annotations of all such deci-sions rendered by the Supreme Court which were not in-cluded in that hardbound decennial revised edition of theConstitution Annotated.

Sec. 2. All hardbound revised editions and all cumulative pocket- part supplements shall be printed as Senate documents.

Sec. 3. There shall be printed four thousand eight hundred andseventy additional copies of the hardbound revised editionsprepared pursuant to clause (1) of the first section and ofall cumulative pocket-part supplements thereto, of which twothousands six hundred and thirty-four copies shall be forthe use of the House of Representatives, one thousand twohundred and thirty-six copies shall be for the use of the Sen-ate, and one thousand copies shall be for the use of the JointCommittee on Printing. All Members of the Congress, VicePresidents of the United States, and Delegates and Resi-dent Commissioners, newly elected subsequent to the issu-ance of the hardbound revised edition prepared pursuant tosuch clause and prior to the first hardbound decennial re-vised edition, who did not receive a copy of the edition pre-pared pursuant to such clause, shall, upon timely request,receive one copy of such edition and the then current cumu-lative pocket-part supplement and any further supplementsthereto. All Members of the Congress, Vice Presidents of theUnited States, and Delegates and Resident Commissioners,VI AUTHORIZATION

no longer serving after the issuance of the hardbound re-vised edition prepared pursuant to such clause and who re-ceived such edition, may receive one copy of each cumula-tive pocket-part supplement thereto upon timely request.

Sec. 4. Additional copies of each hardbound decennial revised

edition and of the cumulative pocket-part supplements theretoshall be printed and distributed in accordance with the pro-visions of any concurrent resolution hereafter adopted withrespect thereto.

Sec. 5. There are authorized to be appropriated such sums, toremain available until expended, as may be necessary to carryout the provisions of this joint resolution.

Approved December 24, 1970.VIIAUTHORIZATION

INTRODUCTION TO THE 2012 CENTENNIALEDITION

The need for a comprehensive treatise on the Constitution was apparent to Congress from early in the 20th century. In 1911, the Senate Manual (a compilation of the Senate"s parliamen- tary procedures) included the United States Constitution and amendments with citations to U.S. Supreme Court constitutional decisions. A century later, the field of constitutional law has ex- panded exponentially. As a result, this present iteration of that early publication exceeds 2300 hundred pages, and references almost 6000 cases. Consistent with its publication in the 21st Century, this volume is available at the website of the Government Printing Office (www.gpo.gov/constitutionannotated) and will be updated regularly as Supreme Court cases are decided. Sixty years ago, Professor Edward S. Corwin wrote an introduction to this treatise that broadly explored then existent trends of constitutional adjudication. In some respects-the law of federalism, the withdrawal of judicial supervision of economic regulation, the continued ex- pansion of presidential power and the consequent overshadowing of Congress-he has been con- firmed in his evaluations. But, in other respects, entire new vistas of fundamental law of which he was largely unaware have opened up.Brown v. Board of Educationwas but two Terms of the Court away, and the revolution in race relations brought about by all three branches of thequotesdbs_dbs3.pdfusesText_6

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