The Odd Clauses (28 page)

Saxbe, William, 13

Scalia, Antonin, 169

Schwarzkopf, Norman, xiii, 139–40, 148–49

Second Amendment, xiv

Second Circuit Court of Appeals, 174

Selective Service System v. Minnesota PIRG,
167

separation of powers, 3–7, 9–11, 15–19.
See also
incompatibility clause; ineligibility clause

shrews, ix, xvii

Sixteenth Amendment, 104

Sixth Circuit Court of Appeals, 192

Society of the Cincinnati, 144–45

Spudich v. Smarr,
110, 111

Starr, Kenneth, 6, 112

State Board of Equalization of California v. Young's Market Co.,
107–8

Stevens, John Paul, 74

Story, Joseph, 83

Supreme Court, U.S.: “anti-animus” rule, 169; on bills of attainder, 159, 165–68; congressional power limitations, 26–27; dormant commerce clause doctrine, 74–75, 102–4, 107–8, 112; Ellis Island case, 57–59, 70, 73–74; hypothetical case transcript, 112–15; on individual liberties, 108–9; Insular Cases decisions, 89; judicial review power of, 4, 62–63; on obscenity, 98; original-jurisdictional power of, xii, 60–64, 69, 75, 193; original package doctrine, 104; political doctrine question use, 125; right to privacy decisions, 179; on the separation of powers, 5–6; special master appointments, 69–71; standing doctrine application, 9–10; on state-imposed legislative term limits, 80; state-
versus
-state cases, 59, 65–69, 74–75; substantive due process doctrine, 180; support of congressional delegation of power, 33–34; Tenth Amendment application, 101; three-part tests, 167–68; on the Twenty-first Amendment, 98–99, 107–9, 111–12; on war powers, 124–25.
See also
constitutional interpretation

Tenth Amendment, 101–2

Texas v. Florida, et al.,
68

Third Amendment: humor, 187; and limitations on military power, 189–90; quartering of troops under, xiii, 177–78, 184–86, 188, 190–92, 193; relevance of, 192–93; and the right to privacy, 178, 181–82, 188–89; text, 177

“Third Amendment Rights Group Celebrates Another Successful Year”
(Onion),
187

Thirteenth Amendment, 106, 141

Tillman, Seth Barrett, 8–9, 52–54

Tillman Adjournment, 52–54

title of nobility clauses: frivolous arguments under, 152–54; history of, xvi, 142–45, 147, 149–51; legacy preferences and, 154–56; and officers of the United States, xii, 139–40, 145, 147–49; and private individuals and organizations, 144–48; relevance of, 193; text, 139, 143; and U.S. immigration law, 145, 147

“Titles of Nobility, Hereditary Privilege, and the Unconstitutionality of Legacy Preferences in Public School Admissions” (Larson), 155

titles of nobility amendment, 149–52, 155

“torture memo,” 125–26

Treaty of Paris (1856), 129

Tribe, Laurence, 89–90, 106–7

Tribe-Olson memorandum, 89–90

Twelfth Amendment, 94

Twenty-fifth Amendment, 92–93

Twenty-first Amendment, xvii, 99, 104, 106–11

Twenty-seventh Amendment, 150–51

Udden, J. A., 147–48

United States Metric Board, 32, 34–35, 36, 37

United States Statutes at Large
(Library of Congress), 151–52

United States v. Lopez,
26

United States v. Lovett,
166

United States v. Virginia,
142

“Unnatural Born Citizens and Acting Presidents” (Ho), 94–95

Utah prairie dogs, 18–19

Van Buren, Martin, 83

Van Devanter, Willis, 180

Verkuil, Paul, 70

vesting clause, 59–60

Violence Against Women Act, 27

Virginia, United States v.,
142

Volstead Act, 105

Voting Rights Act (1965), 24

War and Responsibility
(Ely), 132

war powers allocation, xvi, 121–27, 131–33.
See also
letters of marque and reprisal clause

War Powers Resolution, 124

Warren, Earl, 167

wartime troop quartering, xiii

Washington, George, 12, 27, 46, 83, 144–45

Webb-Kenyon Act, 104, 107

weights and measures clause,
21–23, 27–29, 32, 37, 193.
See also
metric system

West Coast Hotel Company v. Parrish,
181

“Why Senator John McCain Cannot Be President” (Chin), 91

Wickersham, George W., 147–48

Wilson, Woodrow, 2, 16–17

wombats, ix, xvii

Wuerth, Ingrid Brunk, 134

Yablon-Zug, Marcia, 110–11

Yackle, Larry, 64–65

Yoo, John, 123–24, 125–26, 132–33

Young's Market Co., State Board of Equalization of California v.,
107–8

zebra mussel, 95