Index

Abstention doctrines

Pullman doctrine

Younger doctrine

Adams, John

Adequate and independent state grounds

Administrative state

Advisory opinions

Appellate jurisdiction

Appointments Clause

See also Removal of federal officers

Article I courts

See Non-Article III courts

Articles of Confederation

Bivens cause of action

Case or controversy

See also Justiciability

Civil Rights

Commerce power

See also Dormant Commerce Clause

Common law immunity

See also Executive immunity from suit, §7.8.1

Concurrent resolution

Congressional power

See Enumerated powers

Constitutional Convention

Constitutional interpretation

Authoritativeness

Fairness and justice

Foreign and international law

History and tradition

Interpretivism

Noninterpretivism

Nonoriginalism

Originalism

Political theory

Precedent

Social policy

Stare decisis

State law

Structure

Textualism

Council of Revision

Discrimination against interstate commerce

See also Dormant Commerce Clause

Dormant Commerce Clause

Alcohol regulation

Burdens and benefits

Congressional consent

Cooley doctrine

Discrimination against interstate commerce

Economic protectionism

Effect on foreign commerce

Extrater ritorial regulatory effects

Less burdensome alternatives

Less discriminatory alternatives

Market participant doctrine

Rational relationship test

State taxes

Complete Auto Transit test

Discrimination against interstate commerce

Fairly apportioned

Fairly related

State taxation of foreign commerce

Substantial nexus test

Eleventh Amendment

Bankruptcy

Congressional abrogation

Consent

Political subdivisions

Stripping doctrine

Congressional restriction

Prospective relief

Retroactive relief

State law

Suits by another state

Suits by United States

Supreme Court review

Enumerated powers

See also specific powers (e.g., Commerce power; Foreign affairs powers, etc.)

Exceptions Clause

Executive agreements

Executive immunity from suit

Executive privilege

Federal convention

See Constitutional Convention

Federal immunity

See Supremacy Clause

Federalism

Federalist Papers

Federalists

Foreign affairs powers

Executive agreements

Foreign commerce power

Treaty power

War powers

Framers’ intent

See Constitutional interpretation

Gerry, Elbridge

Hamilton, Alexander

Immunity from civil liability

Federal Executive

Members of Congress

State and local officials

Impeachment

Inferior tribunals, power to create

Interstate commerce

See Commerce power

Item veto

Jefferson, Thomas

Judicial review

Authoritativeness

Binding effect

Democracy

Legitimacy

Marbury v. Madison

State court decisions

Adequate and independent state grounds

Techniques of interpretation

Judiciary Act of 1789

Jurisdiction stripping

Justiciability

Advisory opinions

Case or controversy

Collusive suits

Declaratory relief

Mootness

Capable of repetition yet evading review

Class actions

Collateral consequences

Voluntary cessation

Political questions

Prudential considerations

Ripeness

Standing

Causation

Facial challenges

Generalized grievances

Injury-in-fact

Legislative standing

Organizational standing

Overbreadth doctrine

Redressability

Taxpayer standing

Third-party standing

Zone of interests test

Legislative courts

See Non-Article III courts

Legislative veto

Line item veto

Lower federal courts

See Inferior tribunals

Madison, James

Marbury v. Madison

Market participant doctrine

See also Dormant Commerce Clause; Privileges and Immunities Clause

Marshall, John

Mootness

Necessary and Proper Clause

Non-Article III courts

Adjunct courts

Administrative law courts

See Non-Article III courts, Public rights

Military courts

Public rights

Territorial courts

Nonconstitutional courts

See Non-Article III courts

Nondelegation doctrine

Oath Clause

Original jurisdiction

Overbreadth doctrine

Political question doctrine

Preemption doctrine

Conflict

Express

Field

Privileges and Immunities Clause (Article IV)

Citizenship

Corporations

Discrimination

Fundamental rights

Market participant doctrine inapplicable

Municipal residence

Newly arrived residents

Privileges or Immunities Clause (Fourteenth Amendment) compared

State-owned goods and resources

Substantial reason test

Pullman doctrine

Qualifications Clauses

Rational basis test

Removal of federal officers

See also Appointments Clause

Republicans (Jeffersonians)

Ripeness

Section 1983 (Civil Rights Act)

Separation of powers

Checks and balances

Congressional interference

Domestic

Executive immunity from suit

Executive privilege

Foreign affairs

Executive agreements

Treaties

War

Impeachment

Item veto

Judiciary

Legislative veto

Nondelegation doctrine

Structural arguments

Textual arguments

Siler doctrine

Sovereign immunity

See Eleventh Amendment

Speech or Debate Clause

Spending power

Standing

State taxes and the dormant Commerce Clause

See also Dormant Commerce Clause

Story, Joseph

Strict construction

See Constitutional interpretation

Supremacy Clause

Immunity from state regulation

Immunity from state taxation

Preemption doctrine

Conflict

Express

Field

State-imposed limits on federal elections

Taxing power

Limitations

Taxpayer standing

Tenth Amendment

Term limits

Treaty power

Unconstitutional conditions doctrine

Veto power

See also Legislative veto, Line item veto

War powers

Washington, George

Younger doctrine