States to feds: Stay in D.C.!$11 trillion 'micromanaging' price sparks explosion in sovereignty movement
© 2009 WorldNetDaily

A movement to reclaim for states all rights not specifically designated to the federal government in the U.S. Constitution is exploding across the nation, with 35 states already acting or at least considering such proposals – and one state lawmaker estimating the nation as a whole could save $11 trillion in coming years if it would succeed.

WND reported not long ago when the number of states with lawmakers considering such sovereignty efforts reached 20.

Now, according to the Tenth Amendment Center, such provisions have been launched in at least 35 states. They all address the Tenth Amendment that says: "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

South Carolina's S. 424 is an example. It is titled: "To affirm South Carolina's sovereignty under the Tenth Amendment to the United States Constitution over all powers not enumerated and granted to the federal government by the United States Constitution."

Essentially it's a reminder that the United States is made up of individual states; it's not a federal authority broken up into political subdivisions.

In South Carolina, the proposals remains pending in the state Senate, where Sen. Lee Bright said he still hopes that it will be adopted this year.
The proposal there notes specifically that the "federal government was created by the states … to be an agent of the states," and the states currently "are treated as agents of the federal government," many times in violation of the Constitution.

The resolution states:

Be it resolved by the Senate, the House of Representatives concurring: That the General Assembly of the State of South Carolina, by this resolution, claims for the State of South Carolina sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.Be it further resolved that all federal governmental agencies, quasi-governmental agencies, and their agents and employees operating within the geographic boundaries of the State of South Carolina, and all federal governmental agencies and their agents and employees, whose actions have effect on the inhabitants or lands or waters of the State of South Carolina, shall operate within the confines of the original intent of the Constitution of the United States and abide by the provisions of the Constitution of South Carolina, the South Carolina statutes, or the common law as guaranteed by the Constitution of the United States.
Bright told WND the movement is spreading from state to state as fast as lawmakers discover it.
Michael Boldin, a spokesman for the Tenth Amendment Center, said his organization has created a posting for all such proposals to be tracked.

Among the states where such proposals at least have been considered are Louisiana, Colorado, Wisconsin, Illinois, West Virginia, North Carolina, North Dakota, Ohio, Nevada, Oregon, Alabama, Mississippi, Pennsylvania, Idaho, New Mexico, South Dakota, Virginia, Kentucky, Alaska, Indiana, Tennessee, Arkansas, Minnesota, South Carolina, Georgia, Kansas, Texas, New Hampshire, Missouri, Iowa, Montana, Michigan, Arizona, Washington and Oklahoma.
In North Dakota, it passed the House and Senate both in April, with the House a short time later adopting changes made by the Senate.

In South Dakota, it was approved by both houses of the Legislature and under that state's rules does not need the governor's signature.

Just last week, Rep. M.J. "Manny" Steele, a Republican in South Dakota, wrote that he believes up to $11 trillion is being wasted in the coming years by Washington's efforts "to duplicate and micromanage our states' affairs."

He said states should manage their own affairs and not be dependant on a federal cash cow to make ends meet. Likewise with industries, he said, citing federal cash dumps on the banking, insurance and automobile industries.

After all, he agreed, with enough federal money allocated to the industry, Americans all still could be listening to 8-track tapes in their cars, but would that really be the best outcome?
Steele told WND his dollar estimate was based on what President Obama himself has allocated in the coming years to spend on stimulus packages, industry bailouts and the like.
"If we would just let the market take care of these things," he said.

His letter noted that Alaska, Georgia, Idaho, Missouri, North Dakota, Oklahoma and South Carolina legislatures joined South Dakota's in passing some statement on the Tenth Amendment this year. The results vary based on state procedures, however. In Oklahoma, the governor vetoed the plan and it was launched on its second trip through the legislature.
"Over the course of decades, there have been increasing federal mandates and acts designed to effectively step in and legislate the affairs of our various states from Washington D.C.," Steele said. "Federal usurpation into state affairs severely limits the ability of state governments to operate according to their citizens' wishes."

Citizens should be driving this from the grassroots, claim your Sovereignty! Get the LibertyLetter.

The spirit of Tax Protest & Tea Parties

This is only my opinion, but it seems to me that for as long as you are convinced that permission is needed from some great high authority, American Liberty will be in peril. Our foundation is that we are the authority, it seems that we need to re-learn that and explain it to our hired help in Washington D.C. In my experience with this subject, it seems that there are two things that no one wants to do, regardless of their position. One is to give permission, and the other is to make a determination.

It appears to me that if the Congress or IRS really had the great authority that they are credited with, they would not be so dependant on OUR determination.
It only demonstrates that we, are the authority. This is what it comes down to, each must make their own decision and determination, it is nothing different from what you are already doing. It's just that the determination you are already making is probably costing your future.

It makes me sick to hear a politician make a statement along the lines of  "we can't let people provide for their own retirement". We elect a representative and all of a sudden we have an expert/daddy deciding what is best for us concerning our own lives. When did the role change? It changed when "We the People" abdicated our responsibility for self governance. See, that is the way that it works, if you don't make the determinations for your own life, some self-interested politician will be glad to do it for you, or coerce you to yield your authority. And if you let it go on long enough, you then are hearing about what else they can't "let" you, in regard to your own life... because they know best.

But, our determination seems to be very much needed. You don't need to sign a form every time you buy a tank of gas and pay excise tax on each gallon. Could it be that you already authorized that tax via a properly executed law?

The USA has, from the very beginning, stood in defiance of a world that would withhold permission. It seems ironic that we, the children of rebellion, would now put so much into asking or seeking permission for what we should be able to determine on our own. Our forefathers held with what they determined to be right as individuals, and they collectively stayed the course to base our Republic on a foundation of self governance by law of the people.

Both their brilliance and humility are evidenced in the perfection that they left in our Constitution. The only thing that they could not fix would be our determination to keep it. Maybe that is as it should be.

The spirit of the times may alter, will alter. Our rulers will become corrupt, our people careless. A single zealot may become persecutor, and better men be his victims. It can never be too often repeated, that the time for fixing every essential right, on a legal basis, is while our rulers are honest, and ourselves united. From the conclusion of this war (revolution) we shall be going down hill. It will not then be necessary to resort every moment to the people for support. They will be forgotten, therefore, and their rights disregarded. They will forget themselves, but in the sole faculty of making money, and will never think of uniting to effect a due respect for their rights. The shackles, therefore, which shall not be knocked off at the conclusion of the war, will remain on us long, will be made heavier and heavier, till our rights shall revive or expire in a convulsion.

There are two subjects which I shall claim a right to further as long as I have breath: the public education and the subdivision of the counties into wards (townships). I consider the continuance of Republican government as absolutely hanging on these two hooks. Where every man is a sharer in the direction of his ward republic or of some of the higher ones, and feels that he is a participator in the government of affairs, not merely at an election one day in the year, but every day; when there shall not be a man in the State who shall not be a member of some one of its councils, great or small, he will let the heart be torn out of his body sooner then his power be wrested from him by a Caesar or Bonaparte.
Thomas Jefferson

If you are afraid, stop and feel the fear as much as you can. While it is with you, ask yourself if it could possibly be right that you are living in a country founded on the principles of freedom, Liberty, and the Sovereign rights of the people, yet you stand in fear of its government. While so many gave their very lives to secure these unalienable rights to this great nation, you have only to stand up to secure them to yourself and your posterity. If you will, you will learn that fear is a powerless jailer.

If you are still a little squeamish about the thought of actually applying this information, think about what is the worst that could happen. If you are already a taxpayer, as far as you know, what's the harm in having the government prove it? If you had required them to prove it in the first place, you might not have been a taxpayer for all of this time.

It is my hope that you will find this information useful. And, that you use it to your advantage and benefit. There is always some risk in setting aside fear to stand up for your right, take courage, for the benefit of having rights far outweigh that risk. Our rights have been won for us, it falls to us to retain them, in honor of those that have gone before.

Thomas Jefferson - The spirit of a free America

"What country can preserve its liberties if its rulers are not warned from time to time that their people
preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts,
pardon and pacify them." --Thomas Jefferson to William Stephens Smith, 1787. ME 6:373, Papers
12:356

"Governments, wherein the will of every one has a just influence... has its evils,... the principal of which
is the turbulence to which it is subject. But weigh this against the oppressions of monarchy, and it
becomes nothing. Malo periculosam libertatem quam quietam servitutem. [I prefer the tumult of liberty
to the quiet of servitude.] Even this evil is productive of good. It prevents the degeneracy of
government, and nourishes a general attention to the public affairs." --Thomas Jefferson to James
Madison, 1787. ME 6:64

"The spirit of resistance to government is so valuable on certain occasions, that I wish it to be always
kept alive. It will often be exercised when wrong, but better so than not to be exercised at all. I like a
little rebellion now and then. It is like a storm in the atmosphere." --Thomas Jefferson to Abigail
Adams, 1787.

"God forbid we should ever be twenty years without such a rebellion... We have had thirteen States
independent for eleven years. There has been one rebellion. That comes to one rebellion in a century
and a half, for each State. What country before ever existed a century and a half without a rebellion?"
--Thomas Jefferson to William S. Smith, 1787. ME 6:372

"Most codes extend their definitions of treason to acts not really against one's country. They do not
distinguish between acts against the government, and acts against the oppressions of the government.
The latter are virtues, yet have furnished more victims to the executioner than the former, because
real treasons are rare; oppressions frequent. The unsuccessful strugglers against tyranny have been
the chief martyrs of treason laws in all countries." --Thomas Jefferson: Report on Spanish Convention,
1792.

"If our country, when pressed with wrongs at the point of the bayonet, had been governed by its heads
instead of its hearts, where should we have been now? Hanging on a gallows as high as Haman's."
--Thomas Jefferson to Maria Cosway, 1786. ME 5:444

"The commotions that have taken place in America, as far as they are yet known to me, offer nothing
threatening. They are a proof that the people have liberty enough, and I could not wish them less than
they have. If the happiness of the mass of the people can be secured at the expense of a little tempest
now and then, or even of a little blood, it will be a precious purchase. 'Malo libertatem periculosam
quam quietem servitutem.' Let common sense and common honesty have fair play, and they will soon
set things to rights." --Thomas Jefferson to Ezra Stiles, 1786. ME 6:25

"The tumults in America I expected would have produced in Europe an unfavorable opinion of our
political state. But it has not. On the contrary, the small effect of these tumults seems to have given
more confidence in the firmness of our governments. The interposition of the people themselves on the
side of government has had a great effect on the opinion here [in Europe]." --Thomas Jefferson to
Edward Carrington, 1787. ME 6:57

"The late rebellion in Massachusetts has given more alarm than I think it should have done. Calculate
that one rebellion in thirteen states in the course of eleven years, is but one for each state in a century
and a half. No country should be so long without one. Nor will any degree of power in the hands of
government prevent insurrections." --Thomas Jefferson to James Madison, 1787. ME 6:391

"[An occasional insurrection] will not weigh against the inconveniences of a government of force, such
as are monarchies and aristocracies." --Thomas Jefferson to T. B. Hollis, July 2, 1787. (*) ME 6:155

"Cherish... the spirit of our people, and keep alive their attention. Do not be too severe upon their
errors, but reclaim them by enlightening them." --Thomas Jefferson to Edward Carrington, 1787. ME
6:58

Misdirected Resistance

"There are extraordinary situations which require extraordinary interposition. An exasperated people
who feel that they possess power are not easily restrained within limits strictly regular." --Thomas
Jefferson: Rights of British America, 1774. ME 1:196, Papers 1:127

"[The] uneasiness [of the people] has produced acts absolutely unjustifiable; but I hope they will
provoke no severities from their governments. A consciousness of those in power that their
administration of the public affairs has been honest may, perhaps, produce too great a degree of
indignation; and those characters wherein fear predominates over hope, may apprehend too much from
these instances of irregularity. They may conclude too hastily, that nature has formed man
insusceptible of any other government than that of force, a conclusion not founded in truth nor
experience." --Thomas Jefferson to James Madison, Jan. 30, 1787. ME 6:64

"The arm of the people [is] a machine not quite so blind as balls and bombs, but blind to a certain
degree." --Thomas Jefferson to William Short, 1793. ME 9:10

"I hold it that a little rebellion, now and then, is a good thing, and as necessary in the political world as
storms are in the physical. Unsuccessful rebellions, indeed, generally establish the encroachments on
the rights of the people, which have produced them. An observation of this truth should render honest
republican governors so mild in their punishment of rebellions, as not to discourage them too much. It is
medicine necessary for the sound health of government." --Thomas Jefferson to James Madison, 1787.
ME 6:65

"[No] degree of power in the hands of government [will] prevent insurrections." --Thomas Jefferson to
James Madison, 1787. Papers 12:442.

"The boisterous sea of liberty is never without a wave." --Thomas Jefferson to Richard Rush, 1820.
ME 15:283

"What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to
time with the blood of patriots and tyrants. It is its natural manure." --Thomas Jefferson to William
Stephens Smith, 1787. ME 6:373, Papers 12:356

Rebellion, Right and Wrong

"Whenever any form of government becomes destructive of these ends [i.e., securing inherent and
inalienable rights, with powers derived from the consent of the governed], it is the right of the people to
alter or abolish it, and to institute new government, laying its foundation on such principles, and
organizing its powers in such form, as to them shall seem most likely to effect their safety and
happiness." --Thomas Jefferson: Declaration of Independence, 1776. ME 1:29, Papers 1:315

"In no country on earth is [a disposition to oppose the law by force] so impracticable as in one where
every man feels a vital interest in maintaining the authority of the laws, and instantly engages in it as in
his own personal cause." --Thomas Jefferson to Benjamin Smith, 1808. ME 12:62

"In a country whose constitution is derived from the will of the people directly expressed by their free
suffrages, where the principal executive functionaries and those of the legislature are renewed by them
at short periods, where under the character of jurors they exercise in person the greatest portion of the
judiciary powers, where the laws are consequently so formed and administered as to bear with equal
weight and favor on all, restraining no man in the pursuits of honest industry and securing to every one
the property which that acquires, it would not be supposed that any safeguards could be needed against
insurrection or enterprise on the public peace or authority. The laws, however, aware that these should
not be trusted to moral restraints only, have wisely provided punishments for these crimes when
committed." --Thomas Jefferson: 6th Annual Message, 1806. ME 3:418

"As revolutionary instruments (when nothing but revolution will cure the evils of the State) [secret
societies] are necessary and indispensable, and the right to use them is inalienable by the people; but
to admit them as ordinary and habitual instruments as a part of the machinery of the Constitution,
would be to change that machinery by introducing moving powers foreign to it, and to an extent
depending solely on local views, and, therefore, incalculable." --Thomas Jefferson to William Duane,
1803. FE 8:256

"The paradox with me is how any friend to the union of our country can, in conscience, contribute a
cent to the maintenance of anyone who perverts the sanctity of his desk to the open inculcation of
rebellion, civil war, dissolution of government, and the miseries of anarchy." --Thomas Jefferson to
William Plumer, 1815. ME 14:235

What makes you think you owe something to Congress?

When it comes to the idea that I owe something to the rest of society becuase I went out and earned some money, I've got to question that idea. Especially when someone says that my neighbors passed a law that says I am required to "share the wealth". I would have to doubt that such a law exists in the free country where I was born.

Even though I am just an ordinary person, I tend to believe that I am right when no one in government is willing to cite any lawful authority that would say that I am wrong. There is often a difference in what we may think or believe and actual reality. It seems such a shame to see so many millions of productive people coerced into such an unreal belief as federal income taxation in America. But, knowing actual reality will require your determination, you will have to challenge what you are told in order to know it as true or false.

If you should decide to make these filings, all that you are doing is returning to your original legal status and challenging the federal government to tax you lawfully, in that status. This is the quickest, simplest, and above all, most powerful way to regain and retain your Liberty.

This is only my opinion, but it seems to me that for as long as you are convinced that permission is needed from some great high authority, American Liberty will be in peril. Our foundation is that we are the authority, it seems that we need to re-learn that and explain it to our hired help in Washington D.C.

In my experience with this subject, it seems that there are two things that no one wants to do, regardless of their position. One is to give permission, and the other is to make a determination. It appears to me that if the Congress or IRS really had the great authority that they are credited with, they would not be so dependant on OUR determination.

It only demonstrates that we, are the authority. This is what it comes down to, each must make their own decision and determination, it is nothing different from what you are already doing. It's just that the determination you are already making is probably costing your future.

It makes me sick to hear a politician make a statement along the lines of "we can't let people provide for their own retirement". We elect a representative and all of a sudden we have an expert/daddy deciding what is best for us concerning our own lives. When did the role change?

It changed when "We the People" abdicated our responsibility for self governance. See, that is the way that it works, if you don't make the determinations for your own life, some self-interested politician will be glad to do it for you, or coerce you to yield your authority. And if you let it go on long enough, you then are hearing about what else they can't "let" you, in regard to your own life... because they know best.

But, our determination seems to be very much needed. You don't need to sign a form every time you buy a tank of gas and pay excise tax on each gallon. Could it be that you already authorized that tax via a properly executed law?

The USA has, from the very beginning, stood in defiance of a world that would withhold permission. It seems ironic that we, the children of rebellion, would now put so much into asking or seeking permission for what we should be able to determine on our own. Our forefathers held with what they determined to be right as individuals, and they collectively stayed the course to base our Republic on a foundation of self governance by law of the people.

Both their brilliance and humility are evidenced in the perfection that they left in our Constitution. The only thing that they could not fix would be our determination to keep it. Maybe that is as it should be.

The spirit of the times may alter, will alter. Our rulers will become corrupt, our people careless. A single zealot may become persecutor, and better men be his victims. It can never be too often repeated, that the time for fixing every essential right, on a legal basis, is while our rulers are honest, and ourselves united. From the conclusion of this war (revolution) we shall be going down hill. It will not then be necessary to resort every moment to the people for support. They will be forgotten, therefore, and their rights disregarded. They will forget themselves, but in the sole faculty of making money, and will never think of uniting to effect a due respect for their rights. The shackles, therefore, which shall not be knocked off at the conclusion of the war, will remain on us long, will be made heavier and heavier, till our rights shall revive or expire in a convulsion.

There are two subjects which I shall claim a right to further as long as I have breath: the public education and the subdivision of the counties into wards (townships). I consider the continuance of Republican government as absolutely hanging on these two hooks. Where every man is a sharer in the direction of his ward republic or of some of the higher ones, and feels that he is a participator in the government of affairs, not merely at an election one day in the year, but every day; when there shall not be a man in the State who shall not be a member of some one of its councils, great or small, he will let the heart be torn out of his body sooner then his power be wrested from him by a Caesar or Bonaparte.

Thomas Jefferson

If you are afraid, stop and feel the fear as much as you can. While it is with you, ask yourself if it could possibly be right that you are living in a country founded on the principles of freedom, Liberty, and the Sovereign rights of the people, yet you stand in fear of its government.

While so many gave their very lives to secure unalienable rights to this great nation, you have only to stand up to secure them to yourself and your posterity. If you will, you will learn that fear is a powerless jailer.

If you are still a little squeamish about the thought of actually applying this information, think about what is the worst that could happen. If you are already a federal income taxpayer, as far as you know, what's the harm in having the government prove it? If you had required them to prove it in the first place, you might not have been a federal income taxpayer for all of this time.

It is my hope that you will find this information useful. And, that you use it to your advantage and benefit. There is always some risk in setting aside fear to stand up for your right, take courage, for the benefit of having rights far outweigh that risk. Our rights have been won for us, it falls to us to retain them, in honor of those that have gone before.

Jon D. Luman

The 14th Amendent (U.S. Constitution - 1868)

U.S. Constitution: Fourteenth Amendment

Fourteenth Amendment - Rights Guaranteed Privileges and Immunities of Citizenship, Due Process and Equal Protection
Amendment Text Annotations

Section. 1. All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

Annotations
Section 1. Rights Guaranteed
Citizens of the United States
Privileges and Immunities
Due Process of Law
The Development of Substantive Due Process
''Persons'' Defined
Police Power Defined and Limited
''Liberty''
Liberty of Contract
Regulatory Labor Laws Generally
Laws Regulating Hours of Labor
Laws Regulating Labor in Mines
Laws Prohibiting Employment of Children in Hazardous Occupations
Laws Regulating Payment of Wages
Minimum Wage Laws
Workers' Compensation Laws
Collective Bargaining
Regulation of Business Enterprises: Rates, Charges, and Conditions of Service
''Business Affected With a Public Interest''
Nebbia v. New York
Judicial Review of Publicly Determined Rates and Charges
Development
Limitations on Judicial Review
The Ben Avon Case
History of the Valuation Question
Regulation of Public Utilities (Other Than Rates)
In General
Compulsory Expenditures: Grade Crossings, and the Like
Compellable Services
Safety Regulations Applicable to Railroads
Statutory Liabilities and Penalties Applicable to Railroads
Regulation of Corporations, Business, Professions, and Trades
Corporations
Business in General
Laws Prohibiting Trusts, Discrimination, Restraint of Trade
Laws Preventing Fraud in Sale of Goods and Securities
Banking, Wage Assignments and Garnishment
Insurance
Miscellaneous Businesses and Professions
Protection of State Resources
Oil and Gas
Protection of Property and Agricultural Crops
Water
Fish and Game
Ownership of Real Property: Limitations, Rights
Zoning and Similar Actions
Estates, Succession, Abandoned Property
Health, Safety, and Morals
Safety Regulations
Sanitation
Food, Drugs, Milk
Intoxicating Liquor
Regulation of Motor Vehicles and Carriers
Protecting Morality
Vested Rights, Remedial Rights, Political Candidacy
Control of Local Units of Government
Taxing Power
Generally
Public Purpose
Other Considerations Affecting Validity: Excessive Burden; Ratio of Amount Of Benefit Received
Estate, Gift and Inheritance Taxes
Income Taxes
Franchise Taxes
Severance Taxes
Real Property Taxes
Jurisdiction to Tax
Sales/Use Taxes
Land
Tangible Personalty
Intangible Personalty
Transfer (Inheritance, Estate, Gift) Taxes
Corporate Privilege Taxes
Individual Income Taxes
Corporate Income Taxes: Foreign Corporations
Insurance Company Taxes
Procedure in Taxation
Generally
Notice and Hearing in Relation to Taxes
Notice and Hearing in Relation to Assessments
Collection of Taxes
Sufficiency and Manner of Giving Notice
Sufficiency of Remedy
Laches
Eminent Domain
Substantive Due Process and Noneconomic Liberty
Abortion
Privacy: Its Constitutional Dimensions
Family Relationships
Liberty Interests of Retarded and Mentally Ill: Commitment and Treatment
''Right to Die''
Procedural Due Process: Civil
Some General Criteria
Ancient Use and Uniformity
Equality
Due Process, Judicial Process, and Separation of Powers
Power of the States to Regulate Procedure
Generally
Commencement of Actions
Pleas in Abatement
Defenses
Amendments and Continuances
Costs, Damages, and Penalties
Statutes of Limitation
Evidence and Presumptions
Jury Trials
Appeals
Jurisdiction
Generally
In Personam Proceedings Against Individuals
Suability of Foreign Corporations
Actions in Rem: Proceedings Against Property
Actions in Rem: Attachment Proceedings
Actions in Rem: Estates, Trusts, Corporations
Notice: Service of Process
The Procedure Which Is Due Process
The Interests Protected: Entitlements and Positivist Recognition
Proceedings in Which Procedural Due Process Must Be Observed
When Is Process Due
The Requirements of Due Process
Procedural Due Process: Criminal
Generally
The Elements of Due Process
Clarity in Criminal Statutes: The Void-for-Vagueness Doctrine
Other Aspects of Statutory Notice
Entrapment
Criminal Identification Process
Initiation of the Prosecution
Fair Trial
Guilty Pleas
Prosecutorial Misconduct
Proof, Burden of Proof, and Presumptions
Sentencing
The Problem of the Incompetent or Insane Defendant or Convict
Corrective Process: Appeals and Other Remedies
Rights of Prisoners
Probation and Parole
The Problem of the Juvenile Offender
The Problem of Civil Commitment
Equal Protection of the Laws
Scope and Application
State Action
''Persons''
''Within Its Jurisdiction''
Equal Protection: Judging Classifications by Law
Traditional Standard: Restrained Review
The New Standards: Active Review
Testing Facially Neutral Classifications Which Impact on Minorities
Traditional Equal Protection: Economic Regulation and Related Exercises of the Police Powers
Taxation
Classification for Purpose of Taxation
Foreign Corporations and Nonresidents
Income Taxes
Inheritance Taxes
Motor Vehicle Taxes
Property Taxes
Special Assessment
Police Power Regulation
Classification
Other Business and Employment Relations
Labor Relations
Monopolies and Unfair Trade Practices
Administrative Discretion
Social Welfare
Punishment of Crime
Equal Protection and Race
Overview
Education
Development and Application of ''Separate But Equal''
Brown v. Board of Education
Brown's Aftermath
Implementation of School Desegregation
Northern Schools: Inter- and Intradistrict Desegregation
Efforts to Curb Busing and Other Desegregation Remedies
Termination of Court Supervision
Juries
Capital Punishment
Housing
Other Areas of Discrimination
Transportation
Public Facilities
Marriage
Judicial System
Public Designation
Public Accommodations
Elections
Permissible Remedial Utilization of Racial Classifications
The New Equal Protection
Classifications Meriting Close Scrutiny
Alienage and Nationality
Sex
Illegitimacy
Fundamental Interests: The Political Process
Voter Qualifications
Access to the Ballot
Apportionment and Districting
Weighing of Votes
The Right to Travel
Durational Residency Requirements
Marriage and Familial Relations
Sexual Orientation
Poverty and Fundamental Interests: The Intersection of Due Process and Equal Protection
Generally
Criminal Procedure
The Criminal Sentence
Voting
Access to Courts
Educational Opportunity
Abortion
Section 2. Apportionment of Representation
Sections 3 and 4. Disqualification and Public Debt
Section 5. Enforcement
Generally
State Action
Congressional Definition of Fourteenth Amendment Rights