Constitutional Interpretation, Volume 1

action affirmed alleged appellate jurisdiction applied appointment Appointments Clause argument Article asserted authority BACKGROUND & FACTS branch challenge Chief Justice chokeholds citizens claim Commerce Clause commission Committee Congress congressional Constitution constitutionality contract controversy Court of Appeals criminal decide decision declared dissenting District Court doctrine due process Due Process Clause duty economic effect enacted enforce executive exercise Fifth Amendment Fourteenth Amendment function grant gress House immunity injury interest interstate commerce issue judges judgment judicial power judicial review judiciary Justice Brennan Justice Marshall justiciable L.Ed legislative legislature liberty limited ment military operation opinion party person petitioner plaintiff political present President presidential principle privilege prohibition protection purpose question reason recess recess appointment regulation rule S.Ct Senate separation of powers statute strict scrutiny Tenth Amendment tion treaty tution U.S. Supreme Court unconstitutional United validity violation vote