Forte David F. - The Heritage Guide to the Constitution

Copyright 2014 by The Heritage Foundation

First edition published 2005. Second edition 2014.

All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means electronic or mechanical, including photocopy, recording, or any information storage and retrieval system now known or to be invented, without permission in writing from the publisher, except by a reviewer who wishes to quote brief passages in connection with a review written for inclusion in a magazine, newspaper, website, or broadcast.

Library of Congress Cataloging-in-Publication Data

The Heritage guide to the constitution / edited by Matthew Spalding, Executive Editor, David F. Forte, Senior Editor ; foreword by Edwin Meese III, Chairman of the Editorial Advisory Board. -- Fully revised second edition.

pages cm

Summary: Everything you thought you knew about the Constitution and more-broken down, spelled out, and expounded upon. The Heritage Foundation presents its updated Guide to the Constitution, the preeminent and invaluable reference (with clause-by-clause analyses) for policymakers and students alike. With laws deconstructed, addendums unveiled, this guide proves to be the most comprehensive authority on our countrys framework-- Provided by publisher.

ISBN 978-1-62157-352-4 (eBook)

1. United States. Constitution. 2. Constitutions--United States. 3. Constitutional law--United States. I. Spalding, Matthew, editor. II. Forte, David F., editor. III. Heritage Foundation (Washington, D.C.) IV. Title: Guide to the Constitution.

KF4527.H47 2014

342.73023--dc23

2014027849

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EDITORIAL ADVISORY BOARD

Edwin Meese III, Honorary Chairman

Ronald Reagan Distinguished Fellow Emeritus

The Heritage Foundation

Gary S. Lawson

Philip S. Beck Professor of Law

Boston University School of Law

John O. McGinnis

George C. Dix Professor in Constitutional Law

Northwestern University School of Law

Michael B. Rappaport

Hugh and Hazel Darling Foundation Professor of Law

University of San Diego School of Law

Ronald D. Rotunda

Doy and Dee Henley Chair and Distinguished Professor of Jurisprudence

George Mason University School of Law

CONTENTS

William B. Allen

Professor of Political Philosophy

Michigan State University

Albert W. Alschuler

Julius Kreeger Professor Emeritus of Law and Criminology

Northwestern University Law School

Dennis W. Arrow

Professor of Law

Oklahoma City University School of Law

John S. Baker, Jr.

Professor Emeritus

Louisiana State University Law Center

Rachel E. Barkow

Segal Family Professor of Regulatory Law and Policy

New York University School of Law

William Baude

Neubaurer Family Assistant Professor of Law

University of Chicago Law School

Herman Belz

Professor Emeritus of History

University of Maryland

Thomas Berg

James L. Oberstar Professor of Law and Public Policy

University of St. Thomas School of Law

David E. Bernstein

George Mason University Foundation Professor

George Mason University School of Law

Joseph Bessette

Alice Tweed Tuohy Professor of Government and Ethics

Claremont McKenna College

G. Robert Blakey

William J. and Dorothy K. ONeill Chair in Law Emeritus

Notre Dame Law School

Gerard V. Bradley

Professor of Law

Notre Dame Law School

James L. Buckley

Senior Judge

United States Court of Appeals, District of Columbia Circuit

Michael A. Carrier

Distinguished Professor of Law

Rutgers School of LawCamden

Lee Casey

Partner

BakerHostetler

Eric Chiappinelli

Frank McDonald Endowed Professor of Law

Texas Tech University School of Law

Roger Clegg

President & General Counsel

Center for Equal Opportunity

Charles Cooper

Chairman

Cooper & Kirk, PLLC

Douglas Cox

Partner

Gibson, Dunn & Crutcher LLP

Robert Delahunty

Associate Professor

University of St. Thomas School of Law

Brannon P. Denning

Professor of Law

Cumberland School of Law, Samford University

John G. Douglass

Professor of Law

University of Richmond School of Law

Daniel L. Dreisbach

Professor of Justice, Law, and Society

School of Public Affairs, American University

Donald Dripps

Warren Distinguished Professor of Law

University of San Diego School of Law

John C. Eastman

Henry Salvatori Professor of Law & Community Service

Chapman University School of Law

Einer Elhauge

Carroll and Milton Petrie Professor of Law

Harvard Law School

James W. Ely, Jr.

Milton R. Underwood Professor of Law Emeritus

Vanderbilt University Law School

David Engdahl

Professor Emeritus

Seattle University School of Law

Trent England

Vice President for Strategic Initiatives

Oklahoma Council of Public Affairs

Richard A. Epstein

James Parker Hall Distinguished Service

Professor Emeritus of Law

The University of Chicago

Edward Erler

Professor Emeritus

California State University San Bernadino

John Feerick

Norris Professor of Law

Fordham University School of Law

David F. Forte

Professor

Cleveland Marshall School of Law

Matthew Franck

Director, William E. and Carol G. Simon

Center on Religion and the Constitution

Witherspoon Institute

Charles Fried

Beneficial Professor of Law

Harvard Law School

Richard W. Garnett

Professor of Law

Notre Dame Law School

Todd Gaziano

Senior Fellow in Constitutional Law

Pacific Legal Foundation

Michael J. Gerhardt

Samuel Ashe Distinguished Professor in Constitutional Law

University of North Carolina at Chapel Hill School of Law

Andrew S. Gold

Professor of Law

DePaul University College of Law

Eric Grant

Senior Counsel

Hicks Thomas LLP

Michael S. Greve

Professor of Law

George Mason University School of Law

Arthur Hellman

Sally Ann Semenko Endowed Chair

University of Pittsburgh School of Law

James C. Ho

Partner

Gibson, Dunn & Crutcher LLP

John Inazu

Associate Professor of Law and Political Science

Washington University

Erik M. Jensen

Schott-van den Eynden Professor

Case Western Reserve Law School

Patrick Kelley

Professor of Law Emeritus

Southern Illinois University School of Law

Gary Kepplinger

Retired

Government Accountability Office