Index

Abortion

Affirmative action

Alienage classifications

Arms, right to keep and bear

As-applied challenges

Association

At-large election schemes

Badges and incidents of slavery

See Thirteenth Amendment

Ballot, access to

Bill of Rights

Black Codes

Bona fide residency requirements

See also Durational residency requirements; Travel

Brandeis, Louis

Carolene Products footnote four

Civil Rights Acts

42 U.S.C. §1981

42 U.S.C. §1982

42 U.S.C. §1983

42 U.S.C. §1985(3)

Civil Rights Act of 1866

Civil Rights Act of 1964, Title VII

Compelling interest test

See also Strict scrutiny

Contraceptives

See also Privacy; Substantive due process

Contracts Clause

Balancing test

Contractual obligation

Impairment

Implied terms

Reserved powers doctrine

State party to contract

Substantiality

Courts, access to

Death caused by government officials

Death penalty

Discrimination

See Equal Protection Clause

Due process.

See Procedural due process; Substantive due process

Durational residency requirements

See also Bona fide residency requirements; Travel

Economic due process

See also Substantive due process

Education, access to

Elections

Enforcement power, Civil War Amendments

See also Fifteenth Amendment; Fourteenth Amendment; Thirteenth Amendment

Equal Protection Clause

Affirmative action

Alienage classifications

See also Suspect classifications

As-applied challenges

Bona fide residency requirement

Class-of-one theory

Compelling interest test

See also Strict scrutiny

De jure

See also Equal Protection Clause, Intent

Design

Discriminatory purpose

See also Equal Protection Clause, Intent

Disproportionate impact

Durational residency requirements

Facial

Fixed-point and fixed-date residency

Fundamental rights

Ballot, access to

Courts, access to

Education, access to

Right to vote

Travel

Unequal vote count

Welfare and subsistence

Gender classifications

Gerrymandering

Impact

Intent

Interdistrict remedies

Intermediate scrutiny

Invidious discrimination

Keyes presumption

Legitimacy

Mentally retarded

Mid-level scrutiny

Narrowly tailored

See also Strict scrutiny

Nondilutional race-based districting

Nonsuspect classifications

Age

Mental retardation

Out-of-staters

Sexual orientation

Wealth

One person, one vote

Out-of-state residents

Prima facie case

Rebuttal of

Purpose.

See Equal Protection Clause, Intent

Quasi-suspect classifications

Gender

Legitimacy

Racial classifications

See also Suspect classifications

Rational basis

Reapportionment

Residency requirements

Schools

See Suspect classifications

Separate but equal

Sexual orientation

Sliding scale

Standards of review

Strict scrutiny

Substantial relationship test

See Intermediate scrutiny

Suspect classifications

Affirmative action

Alienage classifications

Federal laws

State and local laws

Brown v. Board of Education

Racial classifications in general

Segregation in public schools

Colleges

Desegregation orders

Interdistrict remedies

White flight

Undocumented aliens

Equal protection liberties

See Equal Protection Clause, Fundamental rights

Equal protection, state constitutions

Establishment Clause

See Freedom of religion

Expression

See Freedom of speech and press

Facial challenges

Family integrity

Federalist Papers

Fifteenth Amendment

Congressional enforcement power

First Amendment

See Freedom of religion; Freedom of speech and press

Fourteenth Amendment

Citizenship Clause

Congressional enforcement power

Due Process Clause

See also Procedural due process; Substantive due process

Equal Protection Clause

See also Equal Protection Clause

History

Incorporation doctrine

Privileges or Immunities Clause

Text

Freedom of expression

See Freedom of speech and press

Freedom of movement

Freedom of religion

Accommodation of religion

Establishment Clause

Aid to parochial schools

Ban on officially established religions

Coercion test

Discrimination between religions

Disfavored status

Endorsement

Faith-based initiative

History and tradition

Holiday displays

Lemon test

Nonpreferentialism

Prayer in public schools

Preferred status

Promotion of religion

Separationism

Tuition assistance and vouchers

Wall of separation

Free Exercise Clause

Belief

Conduct

Incidental burdens

Nonpurposeful regulation

Purposeful regulation

Ecclesiastical disputes

Freedom of speech and press

Access to criminal proceedings

Access to information

Access to press

Actual malice

Ad hoc balancing

Association, right of

Broadcast media

Campaign advocacy

Confidential sources

Content-based restrictions

Ad hoc balancing

Advertising

See Freedom of speech and press, Content-based restrictions, Commercial speech

Advocacy of unlawful conduct

See Freedom of speech and press, Content-based restrictions, Clear and present danger test

Campaign advocacy

Campaign financing

Censorship

See Freedom of speech and press, Prior restraints

Clear and present danger test

Commercial speech

Central Hudson test

Compelled speech

Defamation

Actual malice

Public figures and officials

Punitive damages

Fighting words

Fraud

Hate speech

Indecent speech

Initiative process

Internet and indecency

Obscenity

Pornography

Secondary effects

Sexually explicit speech

True threat

Unprotected speech

Viewpoint restrictions

Vulgar

Content-neutral restrictions

Copyright

Developing technologies

Expressive conduct

Gag orders

See also Freedom of speech and press, Prior restraints

Government speech

Initiative process

Injunctions

Nonpublic forum

Overbreadth

Pentagon Papers Case

Public employees

Press

Prior restraints

Private concern

Public concern

Public forum

Designated

Traditional

Public records

Public school students’ free speech

Pure speech

Right of reply

Right to know

Speech

Streets, sidewalks, and parks

See Freedom of speech and press, Public forum

Student speech in public schools

Subsequent punishments

See Freedom of speech and press, Prior restraints

Symbolic speech

Time, place, and manner

Truthful information

Unprotected speech

Vagueness

Viewpoint neutrality

Free Exercise Clause

See Freedom of religion

Fundamental rights

See also Equal Protection Clause, Fundamental rights; Substantive due process

Gays and lesbians

See also Equal Protection Clause, Sexual orientation; Substantive due process, Noneconomic due process, Sexual intimacy

Gender classifications

Gerrymandering

Government speech

Group vote dilution

Hamilton, Alexander

Hearing, right to

See Procedural due process

Holmes, Oliver Wendell

Homosexuality

See Equal Protection Clause, Sexual orientation; Substantive due process, Noneconomic due process, Sexual intimacy

Incorporation doctrine

Intermediate scrutiny

Intimate association

Irrebuttable presumption doctrine

Jefferson, Thomas

Just Compensation Clause

See Takings Clause

Liberty

See Equal Protection Clause; Procedural due process; Substantive due process; specific freedoms

Liberty to contract

Life

Lochner era

Madison, James

Marital privacy

Marriage

Marriage Protection Amendment

Medical treatment

Lifesaving hydration and nutrition

Mentally retarded, discrimination against

Multimember districts

Narrowly tailored

See also Strict scrutiny

Necessary and Proper Clause

Ninth Amendment

See also Substantive due process

Noneconomic due process

See also Substantive due process

Nonparental visitation

Nonsuspect classifications

One person, one vote

Out-of-staters, discrimination against

Parental rights

Parent-child relationship

Penumbras and emanations

Personal autonomy

Privacy

Privileges and Immunities Clause

Privileges or Immunities Clause

Procedural due process

Custom and practice

Deprivation

Harmless error

Hearing requirement

“Bitter with the sweet”

Formality

Independent decision maker

Postdeprivation

Predeprivation

Irrebuttable presumption doctrine

Liberty

Mathews v. Eldridge test

Notice

Postdeprivation remedies

Property

Substantive due process compared

Protection and care, right to

Public employees’ free speech

Public school students’ free speech

Punitive damages

Quasi-suspect classifications

Race-based districting, non-dilutional

See also Right to vote

Racial discrimination

See Equal Protection Clause, Suspect classifications

Rational basis test

Reapportionment

Reconstruction

Regulatory takings

Religion

See also Freedom of religion

Republican form of government

Residency requirements

Right to die

See Substantive due process, Noneconomic due process, Medical treatment; Substantive due process, Noneconomic due process, Suicide

Right to vote

Same-sex marriage

Second Amendment

Section five enforcement power

See also Fourteenth Amendment, Congressional enforcement power

Segregation in public schools

See Equal Protection Clause, Suspect classifications

Selective denial of the franchise

Sexual intimacy

Sexual orientation

Slavery

See Thirteenth Amendment

Speech

See Freedom of speech and press

Standards of review

State action doctrine

Joint activity

Judicial enforcement

Lugar test

Public function

State actor anomaly

State endorsement

Symbiotic relationship

State courts, enforcement of federal rights in

Strict scrutiny

Subsistence benefits

Substantive due process

Economic due process

Liberty to contract

Punitive damages

Rational basis test

Fundamental rights model

Lochner era

Noneconomic due process

Abortion

Access to courts

Death penalty

Family integrity

Freedom of movement

Impingement

Intimate association

Life

Marital privacy

Marriage

Medical treatment

Lifesaving hydration and nutrition

Nonparental visitation

Parental rights

Parent-child relationship

Penumbras and emanations

Personal autonomy

See Privacy

Privacy

Procedural due process compared

Protection and care

Same-sex marriage

Sexual intimacy

Suicide

Undue burden test

Suicide

Suspect classifications

Takings Clause

Building permits

See Takings Clause, Conditions on use permits

Condemnation

Conditions on use permits

Essential nexus

Rough proportionality

Constructive taking

De facto taking

Denominator problem

Destroying all use or value

Eminent domain

Inverse condemnation

Just compensation

Nuisance exception

Partial deprivations

Personal property

Physical invasion or occupation

Public use

Regulatory takings

Remedies

Seizure

See Takings Clause, Physical invasion or occupation

Temporary takings

Thirteenth Amendment

Congressional enforcement power

Travel

Undocumented aliens

Undue burden test

Unenumerated rights

See Substantive due process

Vote dilution

Voting rights

Absolute right

At-large schemes

Ballot access

Equal right to

Gerrymandering

Group vote dilution

Multimember districts

One person, one vote

Race-based districting, non-dilutional

Reapportionment

Selective denial

Unequal vote count

Vote dilution, individual

Welfare and subsistence