A34 ENDNOTES
- Charles A. Beard, An Economic Interpretation of the Constitu-
tion of the United States (New York: Macmillan, 1913). - Forrest McDonald, We the People: The Economic Origins of
the Constitution (Chicago: University of Chicago Press, 1958);
Robert E. Brown, Charles Beard and the Constitution (New
York: Norton, 1956). - David Brian Robertson, The Constitution and America’s Des-
tiny (New York: Cambridge University Press, 2005), p. 4. - Many delegates probably assumed that the electors would
reflect the wishes of the voters in their states, but there is
no clear indication of this in Madison’s notes. (Hamilton
makes this argument in the Federalist Papers.) Until the
1820s many electors were directly chosen by state legisla-
tures rather than by the people. In the first presidential elec-
tion George Washington won the unanimous support of the
electors, but in only five states were the electors chosen by
the people. - The actual language of the section avoids the term slavery.
Instead, it says, “The Migration or Importation of such Per-
sons as any of the States now existing shall think proper to
admit, shall not be prohibited by Congress prior to the Year
one thousand eight hundred and eight.” The ban on the impor-
tation of slaves was implemented on the earliest possible date,
January 1, 1808. - This ban prompted the White House to seek covert channels
through which to support the Contras, which led to the ill-
conceived secret arms deal with Iran (a nation that was under
a complete U.S. trade embargo at the time) in which the money
from the arms sales was funneled to the Contras. - Cass R. Sunstein, “Making Amends,” The New Republic,
March 3, 1997, p. 42. - Furman v. Georgia, 408 U.S. 238 (1972).
- The case concerning minors was Roper v. Simmons, 543 U.S.
551 (2005), and the case concerning the mentally retarded was
Atkins v. Virginia, 536 U.S. 304 (2002).
You Decide
a. Douglas Linder, “What in the Constitution Cannot Be
Amended?” Arizona Law Review 23 (1981): 717–33.
b. Kathleen M. Sullivan, “What’s Wrong with Constitutional
Amendments?” in New Federalist Papers, ed. Alan Brinkley,
Nelson W. Polsby, and Kathleen M. Sullivan (New York: Nor-
ton, 1997), p. 63.
c. Jamin B. Raskin, “A Right to Vote,” The American Prospect,
August 27, 2001, pp. 10–12.
CHAPTER 3
- The full title of the law is the Patient Protection and Aff ord-
able Care Act (PPACA). - State of Florida, et al. v. U.S. Department of Health and Human
Services, et al., Petition for Writ of Certiorari to the United
States Court of Appeals for the Eleventh Circuit, September 27,
2011, http://www.azgovernor.gov/dms/upload/PR_092811_Petition.
pdf (accessed 10/19/12).
3. State Health Facts.org, Health Care and Coverage, http://www.
statehealthfacts.org/comparecat.jsp?cat=3 (accessed 11/12/11).
4. “Obama’s Remarks at the Health Care Bill Signing,” New York
Times, March 23, 2010, http://www.nytimes.com/2010/03/24/us/
politics/24health-text.html?pagewanted=3 (accessed 11/10/11).
5. See http://www.cisstat.com/eng/cis.htm for more information on
the Commonwealth of Independent States.
6. Pam Belluck, “Massachusetts Gay Marriage to Remain Legal,”
New York Times, June 14, 2007, http://www.nytimes.com/2007/06/
15/us/15gay.html (accessed 10/18/07). The state supreme
court decision that required the state legislature to recog-
nize gay marriage was Goodridge v. Dept. of Public Health, 798
N.E.2d 941 (Mass. 2003).
7. Nancy Wilson and Paula Schoenwether v. Richard Lake and
John Ashcroft (2005) No. 8:04-cv-1680-T-30TBM.
8. “The Supreme Court; Excerpts from Court’s Welfare Rul-
ing and Rehnquist’s Dissent,” New York Times, May 18, 1999,
p. A20.
9. John W. Wright, ed., New York Times 2000 Almanac (New
York: Penguin Reference, 1999), p. 165. Estimates from vari-
ous online sources are quite a bit higher, averaging about
620,000 deaths.
10. Mayor of City of New York v. Miln, 36 U.S. (11 Pet.) 102 (1837).
11. Cooley v. Board of Wardens of the Port of Philadelphia, 53 U.S.
229 (1851).
12. Slaughterhouse Cases, 83 U.S. 36 (1873). See Ronald M. Labbe
and Jonathan Lurie, The Slaughterhouse Cases: Regulation,
Reconstruction, and the Fourteenth Amendment (Lawrence:
University Press of Kansas, 2003).
13. Civil Rights Cases, 109 U.S. 3 (1883).
14. Hammer v. Dagenhart, 247 U.S. 251 (1918).
15. Lochner v. New York, 198 U.S. 45 (1905).
16. Four key cases are West Coast Hotel Company v. Parrish (1937),
Wright v. Vinton Branch (1937), Virginia Railway Company v.
System Federation (1937), and National Labor Relations Board v.
Jones & Laughlin Steel Corporation (1937).
17. Martin Grodzins, The American System (New York: Rand
McNally, 1966).
18. John Shannon, “Middle Class Votes Bring a New Balance to
Federalism,” February 1, 1997, policy paper 10 from the Urban
Institute series The Future of the Public Sector, http://www.urban
.org/url.cfm?ID=307051 (accessed 1/3/08).
19. Brown v. Board of Education, 347 U.S. 483 (1954); Swann v.
Charlotte- Mecklenburg Board of Education, 402 U.S. 1 (1971).
20. Miranda v. Arizona, 384 U.S. 436 (1966); Mapp v. Ohio, 367
U.S. 643 (1961).
21. Paul Posner, “The Politics of Coercive Federalism in the Bush
Era,” Publius 37, no. 3 (May 2007): 390–412.
22. Barry Rabe, “Environmental Policy and the Bush Era: The
Collision between the Administrative Presidency and State
Experimentation,” Publius 37, no. 3 (May 2007): 413–31.
23. Quoted in Kirk Johnson, “States’ Rights Is Rallying Cry for
Lawmakers,” New York Times, March 17, 2010, p. A1. The
Supreme Court endorsed this reassertion of state power in an
important case concerning immigration policy. In Chamber