Federal Desk Book
The Constitution, clause by clause, explained
The text of the United States Constitution, with a full explanation of each provision: where it came from, what it was meant to do, and how the Supreme Court has read it.
Introduction
Federal Desk Book is a reading library of the basic texts of American federal law. It starts with the Constitution. Every Article, Section, Clause and Amendment has its own page. The words of the Constitution appear first, in a shaded box, and the explanation follows below.
The explanation comes from The Constitution of the United States of America: Analysis and Interpretation, usually called the Constitution Annotated. Congress has had it prepared since 1913. The Congressional Research Service at the Library of Congress writes it, and the Government Publishing Office prints it as a Senate Document. This site follows the 2022 edition (Senate Document 117-12), which covers Supreme Court cases decided through June 30, 2022. Its 1,267 essays and 18,926 footnotes are all here, spread over 245 pages.
How to read a page
- Constitutional text first. The shaded box at the top of each page quotes the clause the page covers.
- Essays below. Each essay deals with one part of the clause: its history, its meaning, and the court decisions that shaped it. Pages with several essays begin with a list you can open to jump to any one of them.
- Footnotes. The small numbers link to the notes at the end of each essay, which cite the cases, statutes and sources. Hover over a number to read its note in place, and use ↩ to return to the text.
- Cross-references. Where one essay refers to another by its number (such as ArtI.S8.C3.1), the number is a link.
Getting around
The bar at the top of every page shows where you are. Its first row lists the Articles and Amendments, the next rows list the Sections and Clauses of the one you are reading, and the longest subjects (such as freedom of speech) add rows for their topics and parts. Previous and Next links at the top and bottom of each page let you read straight through, and the full list of pages is below.
Coming to this site
The federal rules of court with their Advisory Committee Notes (Evidence, Civil Procedure, Criminal Procedure, Appellate Procedure, Bankruptcy Procedure and the habeas corpus rules), and the founding documents, starting with the Declaration of Independence and the Articles of Confederation.
Contents: the Constitution
Every page of the Constitution, in order. The headings open each Article or Amendment; the entries below them are its Sections, Clauses and topic pages.
Introduction
- Topics
The Preamble
Article I — Legislative Branch
- Overview
- Section 1 — Legislative Vesting Clause
- Section 2, Clause 1 — Composition
- Section 2, Clause 2 — Qualifications
- Section 2, Clause 3 — Seats
- Section 2, Clause 4 — Vacancies
- Section 2, Clause 5 — Impeachment
- Section 3, Clause 1 — Composition
- Section 3, Clause 2 — Seats
- Section 3, Clause 3 — Qualifications
- Section 3, Clause 4 — President
- Section 3, Clause 5 — Officers
- Section 3, Clause 6 — Impeachment Trials
- Section 3, Clause 7 — Impeachment Judgments
- Section 4, Clause 1 — Elections Clause
- Section 4, Clause 2 — Assembly
- Section 5, Clause 1 — Authority
- Section 5, Clause 2 — Rules
- Section 5, Clause 3 — Records
- Section 5, Clause 4 — Sessions
- Section 6, Clause 1 — Pay, Privileges, and Immunities
- Section 6, Clause 2 — Bar on Holding Federal Office
- Section 7, Clause 1 — Revenue
- Section 7, Clause 2 — Role of President
- Section 7, Clause 3 — Process
- Section 8 — Enumerated Powers
- Section 8, Clause 1 — General Welfare
- Section 8, Clause 2 — Borrowing
- Section 8, Clause 3 — Commerce
- Section 8, Clause 4 — Uniform Laws
- Section 8, Clause 5 — Standards
- Section 8, Clause 6 — Counterfeiters
- Section 8, Clause 7 — Post Offices
- Section 8, Clause 8 — Intellectual Property
- Section 8, Clause 9 — Courts
- Section 8, Clause 10 — Maritime Crimes
- Section 8, Clause 11 — War Powers
- Section 8, Clause 12 — Army
- Section 8, Clause 13 — Navy
- Section 8, Clause 14 — Land and Naval Forces Rules
- Section 8, Clause 15 — Calling Militias
- Section 8, Clause 16 — Organizing Militias
- Section 8, Clause 17 — Enclave Clause
- Section 8, Clause 18 — Necessary and Proper Clause
- Section 9, Clause 1 — Migration or Importation
- Section 9, Clause 2 — Habeas Corpus
- Section 9, Clause 3 — Nullification
- Section 9, Clause 4 — Direct Taxes
- Section 9, Clause 5 — Exports
- Section 9, Clause 6 — Ports
- Section 9, Clause 7 — Appropriations
- Section 9, Clause 8 — Titles of Nobility and Foreign Emoluments
- Section 10, Clause 1 — Proscribed Powers
- Section 10, Clause 2 — Import-Export
- Section 10, Clause 3 — Acts Requiring Consent of Congress
Article II — Executive Branch
- Overview
- Section 1, Clause 1 — President’s Role
- Section 1, Clause 2 — Electors
- Section 1, Clause 3 — Electoral College Count
- Section 1, Clause 4 — Electoral Votes
- Section 1, Clause 5 — Qualifications
- Section 1, Clause 6 — Succession
- Section 1, Clause 7 — Compensation and Emoluments
- Section 1, Clause 8 — Presidential Oath of Office
- Section 2, Clause 1 — Military, Administrative, and Clemency
- Section 2, Clause 2 — Advice and Consent
- Section 2, Clause 3 — Senate Recess
- Section 3 — Duties
- Section 4 — Impeachment
Article III — Judicial Branch
- Overview
- Section 1 — Vesting Clause
- Overview of Judicial Vesting Clause
- Historical Background on Judicial Review
- Marbury v. Madison and Judicial Review
- Inherent Powers of Federal Courts
- Congressional Control Over Judicial Power
- Federal and State Courts
- Supreme Court Rulings
- Congressional Power to Establish Article III Courts
- Congressional Power to Establish Non-Article III Courts
- Federal Judiciary Protections
- Section 2, Clause 1 — Cases or Controversies
- Overview of Cases or Controversies
- Historical Background on Cases or Controversies Requirement
- Rules of Justiciability
- Advisory Opinions
- Adversity
- Standing
- Ripeness
- Mootness
- Political Questions
- Constitutional Avoidance Doctrine
- Federal Question Jurisdiction
- Admiralty and Maritime Jurisdiction
- Cases to Which the United States Is a Party
- Controversies Between Two or More States
- States and Citizens of Other States
- Diversity Jurisdiction
- Land Grants by Different States
- Foreign States or Citizens
- Section 2, Clause 2 — Supreme Court Jurisdiction
- Section 2, Clause 3 — Trials
- Section 3, Clause 1 — Meaning
- Section 3, Clause 2 — Punishment
Article IV — Relationships Between the States
Article V — Amending the Constitution
Article VI — Supreme Law
Article VII — Ratification
First Amendment — Fundamental Freedoms
- Topics
- Overview of First Amendment, Fundamental Freedoms
- Religion
- Establishment Clause
- Free Exercise Clause
- Relationship Between the Establishment and Free Exercise Clauses
- Relationship Between Religion Clauses and Free Speech Clause
- Free Speech Clause
- Historical Background on Free Speech Clause
- Procedural Matters
- Content-Based and Content-Neutral Regulation of Speech
- Viewpoint-Based Regulation of Speech
- Categorical Approach
- Commercial Speech
- Public Forum Doctrine
- Role of Government
- Public Employee Speech and Government as Employer
- Media Regulation
- Political Speech
- Compelled Speech
- Unconstitutional Conditions on Speech
- Symbolic Speech
- Freedom of Association
- Freedom of the Press
- Freedoms of Assembly and Petition
Second Amendment — Right to Bear Arms
Third Amendment — Quartering Soldiers
Fourth Amendment — Searches and Seizures
Fifth Amendment — Rights of Persons
Sixth Amendment — Rights in Criminal Prosecutions
Seventh Amendment — Civil Trial Rights
Eighth Amendment — Cruel and Unusual Punishment
Ninth Amendment — Unenumerated Rights
Tenth Amendment — Rights Reserved to the States and the People
Eleventh Amendment — Suits Against States
Twelfth Amendment — Election of President
Thirteenth Amendment — Abolition of Slavery
Fourteenth Amendment — Equal Protection and Other Rights
- Overview
- Section 1 — Rights
- Citizenship
- Privileges or Immunities
- Due Process Generally
- Incorporation of Bill of Rights
- Procedural Due Process
- Substantive Due Process
- Due Process Limits on State Action
- Equal Protection
- Race-Based Classifications Generally
- Segregation in Education
- Segregation in Other Contexts
- Facially Non-Neutral Laws Benefiting Racial Minorities
- Facially Neutral Laws Implicating Racial Minorities
- Voting Rights
- Non-Race Based Classifications
- Gender-Based Classifications
- Non-Suspect Classifications
- Economic Regulation and Taxing Power
- Sexual Orientation-Based Classifications
- Wealth-Based Distinctions
- Fundamental Rights
- Section 2 — Apportionment of Representation
- Section 3 — Disqualification from Holding Office
- Section 4 — Public Debt
- Section 5 — Enforcement