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U.S History
First Constitutional Era (1787-1850) requires to assume his appointment. But the day Thomas Jefferson was inaugurated, he ordered his appointed Secretary of State, James Madison, not to deliver the commissions to many of the confirmed judges, Marbury included. Marbury sued to force Madison to give up the commissions. The suit was filed directly in the Supreme Court, since Marbury argued that the Judiciary Act 1789 gave the Supreme Court jurisdiction over writs of mandamus, court orders that force public officials to do things.
John Marshall, who incidentally was appointed to the position of Chief Justice on Adams' last day, wrote in the court's unanimous decision that the Court could not rule in Marbury's case because it did not have the jurisdiction to do so. Marbury had argued that Article
III of the Constitution only set basic rules concerning the Supreme Court's powers, and that they could be expanded by Congress any time it wanted. Marshall disagreed, pointing to the simple logic: what was the point of having a Constitution if Congress could write laws that changed courts' jurisdictions, thus ignoring the rules explicitly stated in Article
III? If laws could be written that circumvented Article III in the way that Marbury argued that the Judiciary Act should, could laws be written that allowed the courts to ignore the
Constitution altogether?
In determining that the Judiciary Act was in violation of the Constitution by adding on to Article III, Marshall affirmed the all-important principle of judicial review. Judicial review is the judicial branch's, and specifically the Supreme Court's, power to declare laws in conflict with the Constitution and overturn them.

44.1.2 Fletcher v. Peck, 10 U.S. 87 (1810)
Fletcher v. Peck was the first case in which the Supreme Court ruled a state law unconstitutional. In the course of the westward push for the control of Indian lands, the state of Georgia took from the Indians a 35,000,000-acre (140,000 sq. km) region in the Yazoo
River area known as the Yazoo Lands. This land later became the states of Alabama and
Mississippi. In 1795, the Georgia legislature divided the area into four tracts. The state then sold the tracts to four separate land development companies for a modest total price of $500,000, i.e. about 1.4 cents per acre, a good deal even at 1790s prices. The Georgia legislature overwhelmingly approved this land grant, known as the Yazoo Land Act of 1795.
It was revealed that the Yazoo Land Act sale to private speculators had been approved in return for bribes. Voters rejected most of the incumbents in the next election, and the next legislature, reacting to the public outcry, repealed the law and voided transactions made under it.
John Peck had purchased land that had previously been sold under the 1795 act. Peck sold this land to Robert Fletcher and in 1803, Fletcher brought suit against Peck, claiming that he did not have clear title to the land when he sold it. The case reached the Supreme
Court, which in a unanimous decision ruled that the state legislature's repeal of the law was unconstitutional. The opinion, written by John Marshall, argued that the sale was a binding contract, which according to Article I, Section 10, Clause I (the Contract Clause) of the Constitution cannot be invalidated, even if illegally secured. Today the ruling further protects property rights against popular pressures, and is the earliest case of the Court asserting its right to invalidate state laws conflicting with the Constitution.

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Appendix Gamma: Supreme Court Decisions

44.1.3 Martin v. Hunter's Lessee, 14 U.S 304 (1816)
During the Revolutionary War, Virginia passed legislation allowing it to take Loyalists' property. The United States signed the Treaty of Paris in 1783 with Britain; it included a clause that stated that the federal government would tell the states to give back the
Loyalists' property. A Loyalist named Denny Martin sued in Virginia's state court system on the grounds that Loyalists were to get their properties back in accordance with the treaty.
The case eventually reached the Virginia Supreme Court, which upheld the confiscation on the grounds that the court's interpretation of the treaty was that it did not cover the case. The case was appealed to the Supreme Court, which decided that the treaty did apply to the case and remanded it back to the Virginia Supreme Court. The court decided that the Supreme Court did not have jurisdiction over cases originating in state courts, and the decision was appealed back to the Supreme Court. Once again, the Supreme Court overturned the Virginia Supreme Court's ruling, arguing that the case involved federal law.
The Court's decision was very important because it affirmed that it had supreme power over all courts in regards to federal law and the Constitution.

44.1.4 McCulloch v. Maryland, 17 U.S. 316 (1819)
This case was a very important test of States' Rights against the power of the federal government. Many states continued to oppose the Bank of the United States after it was reinstated in 1816, mostly because it called for its loans to be owed by the states. In retaliation to this policy, Maryland passed a tax on the bank, which the bank refused to pay. Maryland soon filed suit against James McCulloch, the head of the Baltimore branch of the bank.
The Court's unanimous opinion established two extremely important principles. The first was that, yes, Congress could create the Bank under the doctrine of implied powers. The
Constitution specifically lists that Congress has the power to borrow money and regulate commerce (among others), and it can be implied that Congress had the power to create the
Bank. The second point that the Court made was that Maryland's tax was unconstitutional because it was in conflict with the Supremacy Clause, which says that states can never willingly impede the federal government. The court reasoned that taxing, if other states decided to adopt Maryland's policy, had the potential to destroy the bank, and thus impede the federal government's efforts to regulate the economy.

44.1.5 Dartmouth College v. Woodward, 17 U.S. 518 (1819)
The Dartmouth College Case was a reiteration of the judicial principle of pacta sunt servanda
("contracts are to be held"). Dartmouth College was established per a colonial charter in
1769, by King George III. In 1815, the legislature of New Hampshire attempted to change the charter of the College in such a way that the governor would be able to appoint a new president of the College, as well as appoint new members of the Board of Trustees and to create a state board to supervise the school, effectively trying to change the college from private to public institution. The court ruled that the old charter was still valid per the
Contract Clause of the Constitution (also cited in Fletcher v. Peck). Essentially, the ruling

398

The Constitution In Crisis and Decision (1850-1871) was that a charter was also a contract, and the state legislature had no right to convert the private institution to a public institution as long as the old charter was in power.

44.1.6 Gibbons v. Ogden, 22 U.S. 1 (1824)
In Gibbons v. Ogden, the Supreme Court held that the power to regulate interstate commerce was granted to Congress by the Commerce Clause of the Constitution. The case was argued by some of America's most admired and capable attorneys at the time. Exiled Irish patriot
Thomas Addis Emmet and Thomas J. Oakley argued for Ogden, while William Wirt and
Daniel Webster argued for Gibbons.

44.2 The Constitution In Crisis and Decision (1850-1871)
The Union; its fundamental nature and character; the nature and character of states, and sovereignty; the meaning of citizenship; the extraordinary powers of the President; the war powers; the customs, usages, rules, and articles of war; the Great Writ, and its application in times of crisis; the formal ratification of the principles of the Declaration of Independence, and the formal repudiation of the Calhounian1 counterrevolutionary ideology of oligarchic slave power despotic tyranny.
This section will depart from the normal style, as there are important changes that were made in the Constitution and Constitutional interpretation through means other than judicial interpretation, such as by means of amendment, or by right of the victor.

44.2.1 Dred Scott v. Sandford, 60 U.S. 393 (1857)
Dred Scott was perhaps the most controversial Supreme Court decision in all of U.S. history, quite possibly was a major cause of the U.S. Civil War, and is generally regarded by most U.S. historians, scholars, and lawyers as a moment of supreme infamy, when the U.S. unquestionably knew sin.
Dred Scott was an African-American slave who originally lived in Missouri, and was taken to Illinois, a free state, by his master. Scott sued for freedom, as he was in a free state. The case worked its way through the courts, until it reached the Supreme Court. Although the case could have been dismissed for technical reasons, Chief Justice Roger Taney decided to attempt to resolve the slavery issue in the United States once and for all, by imposing his personal opinion (his personal opinion as a slaver) upon his fellow citizens. Taney declared, simply, that African-Americans were not citizens within the meaning of the Constitution, and had no rights except for what "those who held the power...might choose to grant them",

1

http://en.wikipedia.org/wiki/John%20Calhoun

399

Appendix Gamma: Supreme Court Decisions and thus, not being citizens, in Taney's opinion2 , had no standing to sue. He dismissed the case. The most infamous passage of Scott is as follows:
"The words 'people of the United States' and 'citizens' are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the Government through their representatives. They are what we familiarly call the 'sovereign people,' and every citizen is one of this people, and a constituent member of this sovereignty. The question before us is, whether the class of persons described in the plea in abatement compose a portion of this people, and are constituent members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word
'citizens' in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose to grant them."
It took a civil war and 700,000 dead U.S. citizens, both black and white, to obliterate the stain of Scott from the Constitution with the blood of patriots and tyrants, to end slavery once and for all, but it was done.

44.2.2 Ex parte Merryman, (1861)
TBD
Merryman was not decided by the Supreme Court, but is included for purposes of clarity, as it involves the extraordinary powers of the Presidency.
The United States, as it was in 1860, was a vast, sparsely populated, primarily agricultural nation. She was not a Great Power, for the Great Powers of the day were European

2

400

Taney's personal view on the potential citizenship of free African-Americans was markedly inconsistent with the expressed opinion of the Framers of the Constitution. During the time when the Framers yet lived, there existed a question as to whether the territory of Missouri was to be admitted into the Union.
As is written in Elson, Henry Wm. History of the United States of America (1905), p. 460-461: "When the people of Missouri adopted a constitution, they inserted a clause making it the duty of the legislature to exclude free Negroes and mulattoes from the commonwealth. This brought on another great debate in Congress. The objection to this clause was based on the ground that the Constitution guarantees to the citizens of any state all the privileges and immunities of the citizens of the several states. The two houses again failed to agree, and again the decision was made through a joint committee. Henry
Clay was the mover and the chairman of this committee, and from this fact he became known as the author of the Missouri Compromise... This committee reported a bill to admit Missouri on an equal footing with the original states, on the condition that its constitution should never be construed so as to authorize any law by which a citizen of any other state should be excluded from the privileges which he enjoyed in other parts of the Union; and that the legislature of Missouri should pass a solemn act declaring its consent to this condition." This suggests that the Missouri Compromise - made while
Adams, Madison, and Jefferson still lived - very strongly implied that free African Americans were, in fact, citizens of the United States. (However, the 14th Amendment (in theory), the Civil War, and the later Civil Rights Movement (in fact), settled the question, for all time.)

The Constitution In Crisis and Decision (1850-1871) principalities, kingdoms, and empires who did the world's business at the Docklands of
London, the harbors of Amsterdam, and the Palaces of Versailles, The Hague, and Vienna.
She was a minor power who kept to herself and was looked upon by the philosophers and thinkers of the time as a minor experiment in popular rule which was not bearing major fruit; to the princes of Europe, the United States was a convenient place to exile their radicals to who were calling for elected governments or civil liberty. In the words of certain
Europeans, the United States had "gone from barbarism to decadence without passing through civilization". Washington, D.C. was viewed as a semi-tropical backwater of minor import; for many European diplomats used to soirees in the imperial courts of France and
Prussia, or grand balls in the Hall of Mirrors in Versailles, it was a post worthy of substantial hardship pay.
Many of the Far Western states (the Great Plains States and the Rocky Mountain States) were not States at that time, and those regions were mostly unsettled, with the land owned by the Government, but the Government unable to disburse of it at the time in a manner perceived as fair. The Pacific Coast States were settled, but only moderately, and had low levels of industry and moderate levels of agriculture prior to the construction of the
Transcontinental Railroads (the completion dates of those being the Union Pacific in 1873; the Southern Pacific in 1882; and the Great Northern in 1891). In the Eastern States, the
United States had a moderate population level in the Old Northwest, along with mining, industry, and agriculture; a comparatively high population level in the Mid-Atlantic and the
Northeast, where the industry and trade of the nation was concentrated; and a moderate to high population level and large scale agriculture in the Old South. Transportation links in the North, which consisted of the Northeast, the Mid-Atlantic and the Old Northwest (what we now call the Upper Midwest - beyond the Appalachians to the Mississippi River) were rather developed, to meet the needs of commerce and industry, and the railroads provided transportation from one city to another in the North within the travel of 2-3 days. The
South's rail systems were underdeveloped, and transit there was often an extended affair.
To the Far Western states, transit would have to be either by steamer or overland; either mode of transit was not particularly fast. It could take a month - or more - for a person to get from one side of the United States to the other. Information did travel much faster than that - the Transcontinental Telegraph permitted the news of the East to reach the
West within minutes, while the Pony Express served such purposes prior to that point, with round-trip mail times of days.
The reason for this being important to this case is that the Congress of the United States did not, like it does today, meet during all the year. The Congress was but a part-time legislature; the laws were few and simple, the business of the time was of import but not of great urgency, and following their session, the Congress dissolved and returned to the states and districts, the log cabins, the small farms, the cities, and the plantations from whence they came.
Following the election of the Northerner Abraham Lincoln as President, an insurrection had broke out in certain areas of the United States, as the slave-power of the South was desirous of subduing the anti-slavery North once and for all by fire and the sword, or at the very least, breaking free of the "oppressive" Federal rule so she could once again traffic in the human flesh of the African coast and build a slave empire extending even to Cuba and
Mexico, as contemplated by the then dead John Calhoun, chief of the slave-power faction in the Congress at one time. This insurrection had turned into a rebellion, forming an

401

Appendix Gamma: Supreme Court Decisions alleged government; South Carolina, a hot-bed of slaving conspiracy where there were more
African-Americans in bondage than there were people of any race, had seceded from the
Union first, and was followed by the states of the Deep South where the Slave Power was the strongest. The less degenerate slave states of Virginia and Tennessee only saw treason openly fomented in their legislatures at first, and they did not break from the Union yet... Prior to attempts to peacefully settle the crisis, the South Carolinian fire-eaters fired the first shot of the coming war at Fort Sumter in Charleston Harbor, the property of the Federal Union, and with those shots, the war came, the War Between the States, The War of Southern
Aggression, The War of Northern Aggression, or as it is known by later times, the U.S. Civil
War.
Following the assault on Fort Sumter, the Upper South joined itself to the rebellion, and even Maryland, Kentucky, and Missouri, only lightly scarred by the lash of the slaver, were rumored to be beset by internal commotion by slavers and slave-power sympathizers who sought to secede from the Federal Union and deliver those states into the hands of the so-called Confederacy.
During the first six or seven months of 1861, the Congress was not assembled in Washington
D.C., and it could not be returned into session, because its members were scattered around the nation, word of the emergency traveled slowly, and people traveled like molasses, if they traveled at all.
During the first year of the Civil War, President Abraham Lincoln
Compare and contrast with the more moderate opinion of the Court in Youngstown.

44.2.3 Ex parte Milligan, 71 U.S. 2 (1866)
Case involving Confederate sympathizers subjected to (sham) trial by "military commission" based on order of the so-called unitary executive. Supreme Court ruled that use military commissions or any form of attenuated due process had to be based on military necessity, and proximate in time and space to the actual zone of military operations.

44.3 Second Constitutional Era (1871-1938)
Substantive due process, "corporate personhood", "separate but equal", "freedom of contract", monopolies, corporations, the national and state level economies, private greed v. public need. 402

Second Constitutional Era (1871-1938)

44.3.1 Slaughter-House Cases, 83 U.S. 36 (1873)
44.3.2 Civil Rights Cases, 109 U.S. 3 (1883)
44.3.3 Santa Clara County v. Southern Pacific Railroad Company, 118
U.S. 394 (1886)
Decision where the scope of the term "person" under the 14th Amendment and the Constitution of the United States was expanded to include legal fictions, such as corporations. This granted to corporations the same rights (such as freedom of speech, freedom of contract) that previously were retained only by human persons, under the Constitution, the Bill of Rights, and the 14th Amendment. Enormously controversial, as decision allowed corporations to claim the Constitution protected them from popular legislation such as minimum wage laws, health and safety standards, taxation, labor laws, etc. Set the defining theme of the Court's jurisprudence for the next 50 years, until Carolene Products in 1938.

44.3.4 In re Debs, 158 U.S. 564 (1895)
44.3.5 Plessy v. Ferguson, 163 U.S. 537 (1896)
The Plessy v. Ferguson decision upheld the constitutionality of racial segregation even in public accommodations (particularly railroads), under the doctrine of "separate but equal".
This case remained the legal basis for Jim Crow segregation laws in the Southern states.
The decision was handed down by a vote of 7 to 1, with the majority opinion written by
Justice Henry Billings Brown and the dissent written by Justice John Marshall Harlan.
Justice David Josiah Brewer did not participate in the decision. "Separate but equal" remained standard doctrine in U.S. law until its repudiation in the 1954 Supreme Court decision Brown v. Board of Education.
After the high court ruled, the New Orleans Comité des Citoyens (Committee of Citizens) that had brought the suit and that had arranged for Homer Plessy's arrest in order to challenge Louisiana's segregation law, replied, "We, as freemen, still believe that we were right and our cause is sacred."

44.3.6 Insular Cases, (1901-1905)
The Insular Cases were a series of Supreme Court decisions concerning territories annexed by the United States during the 1898 Spanish-American War3 and further annexations.
The most significant precedent established by these cases was that "the Constitution does not follow the flag." This means that the rights of American citizens as granted by the
Constitution do not necessarily apply to "American" inhabitants of U.S. territories. These cases were known as Insular Cases because the territories annexed by the U.S. were islands, among them the Philippines, Hawaii, Puerto Rico, and Guam. These cases also established that the Constitution only applied to "fully incorporated territories," meaning that the
3

http://en.wikipedia.org/wiki/Spanish-American%20War

403

Appendix Gamma: Supreme Court Decisions territories had to be fully incorporated into the United States under the doctrine of territorial incorporation, also established during this time.

44.3.7 Lochner v. New York, 198 U.S. 45 (1905)
44.3.8 Schenck v. United States, 249 U.S. 47 (1919)
Schenck v. United States was a United States Supreme Court decision concerning the question of whether the defendant possessed a First Amendment right to free speech against the draft during World War I. Charles Schenck was the Secretary of the Socialist party and was responsible for printing, distributing, and mailing 15,000 leaflets to men eligible for the draft that advocated opposition to the draft. These leaflets contained statements such as;
"Do not submit to intimidation", "Assert your rights", "If you do not assert and support your rights, you are helping to deny or disparage rights which it is the solemn duty of all citizens and residents of the United States to retain." Ultimately, the case served as the founding of the "clear and present danger" rule, first written in the majority opinion written by Chief
Justice Oliver Wendell Holmes.

44.3.9 United States v. Carolene Products Co., 304 U.S. 144 (1938)

44.4 Third Constitutional Era (1938-?)
Civil rights, equality under the law, the right to privacy, "penumbras formed by emanations", the meaning of justice, the limits of the executive, the manifold possibilities of liberty.

44.4.1 Hague v. CIO, 307 U.S. 496 (1939)
First civil liberties case of the Third Era, involving freedom of assembly, association, and speech; specifically, related to the repression of labor unions by infamous Boss Hague4 in
New Jersey.

44.4.2 Korematsu v. United States, 323 U.S. 214 (1944)
Korematsu v. United States was a decision related to internment of Japanese-Americans
(including citizens of the United States) in prison camps during World War II. By Executive
Order 9066, President Franklin Delano Roosevelt ordered all Japanese and Japanese American residents of certain parts close to the coast removed in 1942, following the Japanese attack on Pearl Harbor. This eventually led to the establishment of internment camps for around 120,000 ethnic Japanese, most of them citizens of the United States, in the military zones established by the executive order. In this decision, the Supreme Court upheld the constitutionality of the internment, voting by 6-3 that the requirement to protect the United

4

404

http://en.wikipedia.org/wiki/Frank%20Hague

Third Constitutional Era (1938-?)
States against espionage was more important than the rights of Japanese immigrants and citizens in the United States.

44.4.3 Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952)
During the Korean War, a labor dispute arose between the Steelworkers (an association of workers, called a labor union) and the various steel mills who employed them. The steel mills claimed that the workers in question were being paid too much, and, after difficult negotiations, decided to lockout these workers, so that they could avoid paying them. The workers were outraged that they were being locked out, due to the enormous unfulfilled needs of soldiers on the battlefield for tanks and weapons that couldn't be produced and were being ignored due to the position of the mill owners, and perhaps also due to the fact that they weren't able to work or get paid.
President Harry Truman5 decided to intervene, claiming that due to the fact that a war was going on, he, as "Commander in Chief", could temporarily seize and run the steel mills under the Federal Government so as to continue production during the war. This outraged both the steel mills and the workers; both sides didn't believe the government could do such a thing, as no law had been passed to allow those sorts of actions to take place; indeed, most people believed that unilateral actions like Truman's, in this case, were exactly the type of thing the Constitution was there to prevent.
The owners of the steel mills sued the government for seizing the steel mills. Within several weeks, due to the emergency nature of the situation, the case came before the Supreme
Court.
The Court ruled against the Government, finding that there were no provisions in the law or the Constitution that allowed the government to seize private industry (or to force workers to work) during a labor dispute. Though the decision was mixed--almost every Justice wrote an opinion--it was definitively against the Government. Justice Harlan? wrote the most famous opinion in this case--delineating three spheres of Presidential power--that is considered to be the single most authoritative pronouncement of the Supreme Court on the scope of Presidential powers since the immediate aftermath of the Civil War; Harlan's? opinion still is considered authoritative to this day.
This case, although it might seem minor to the reader, has great meta-Constitutional importance--Presidential powers have greatly expanded since the Framing of the Constitution-and their exact scope is extremely controversial, especially in the past 30-40 years.
The mills were returned to their owners, who (very quickly) reached agreement with the workers, and the dispute was resolved.

44.4.4 Brown v. Board of Education of Topeka, 347 U.S. 483 (1954)
VERY IMPORTANT Supreme Court case which decided that racial segregation6 in public schools was contrary to the letter and the spirit of the Constitution; one factor that
5
6

http://en.wikipedia.org/wiki/Harry%20Truman http://en.wikipedia.org/wiki/Racial%20segregation 405

Appendix Gamma: Supreme Court Decisions set in motion the civil rights7 movement amongst African-Americans. Brown v. Board of
Education of Topeka, 347 U.S. 483 (1954),[1] was a landmark decision of the United States
Supreme Court, which overturned earlier rulings going back to Plessy v. Ferguson in 1896, by declaring that state laws that established separate public schools for black and white students denied black children equal educational opportunities. Handed down on May 17,
1954, the Warren Court's unanimous (9-0) decision stated that "separate educational facilities are inherently unequal." As a result, de jure racial segregation was ruled a violation of the
Equal Protection Clause of the Fourteenth Amendment of the United States Constitution.
This victory paved the way for integration and the civil rights movement.[2] Contents [hide]

44.4.5 Mapp v. Ohio, 367 U.S. 643 (1961)
The Exclusionary Rule protects defendants in criminal cases from having unlawfully obtained evidence used against them in court, such as stolen items found during a search of a residence by police without a warrant. For many years, the Exclusionary Rule only was applied at the federal level. Federal criminal prosecutions are an extremely tiny minority of all criminal prosecutions in the United States; most prosecutions occur at the state level, including nearly all of those for extraordinarily serious crimes, such as murder and rape. (Federal crimes include offenses against federal property and agents; certain crimes taking place in multiple states, such as a spree of bank robberies; interstate conspiracies, such as a drug-smuggling ring; crimes taking place under color of law, such as police brutality or judicial corruption; and also include acts of terrorism, military crimes, espionage, and treason. The states are responsible for the prosecution of all other criminal acts, from drunken disorderliness all the way to premeditated murder.)
In Mapp, the Supreme Court found that the Exclusionary Rule applied to the states, and that evidence unlawfully obtained could not be used for state prosecutions, in addition to federal ones. The grounds for this were found in the Fourteenth Amendment, which required that states not deprive any person of life, liberty, or property without due process of law; liberty was held to include those rights protected by the Bill of Rights, which had previously only applied to acts of the Federal Government.
Mapp forced wholesale changes in police procedure throughout the United States, as police were now required to obtain warrants to gather evidence that could be used in court.
(Previously, police were supposed to obtain warrants to search homes, but as the evidence gained by warrantless (i.e. unlawful) searches was admitted regardless of whether it was obtained by warrant or not, this rule was widely ignored.) In addition, Mapp signaled an increased level of scrutiny by the Supreme Court over police practices, which has continued to the present day.

44.4.6 Gideon v. Wainwright, 372 U.S. 335 (1963)
Case that decided that accused persons had right to a lawyer even if they could not afford one. 7

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http://en.wikipedia.org/wiki/civil%20rights%20movement

Third Constitutional Era (1938-?)

44.4.7 Escobedo v. Illinois, 378 U.S. 478 (1964)
44.4.8 Griswold v. Connecticut, 381 U.S. 479 (1965)
This Supreme Court case was brought by a married couple who claimed that their fundamental liberties were infringed by a Connecticut statute that outlawed the sale of birth control devices and medicines within the state. The Supreme Court agreed, finding that their Constitutional right to privacy was infringed by the Connecticut birth control ban, and invalidated it for married couples.
Justice Douglass famously wrote that the right to privacy, a right not explicitly written into the text of the Constitution, was instead implied by "penumbras formed by emanations" by the other enumerated rights reserved to the people and listed in the Constitution, such as the right to be free from unreasonable searches without a warrant. Especially after Roe v.
Wade, some conservatives have used the "penumbra" passage to decry what they believe to be the alleged judicial "creation" of rights not found in the Constitution.
Though this case was relatively uncontroversial when it was decided, as it only impacted married couples, it laid the foundation for the Court's decision 8 years later in Roe v. Wade, where the Court overturned all laws banning abortion in the US as violations of the right to privacy, which is perhaps one of the most controversial Supreme Court decisions ever.

44.4.9 Miranda v. Arizona, 384 U.S. 436 (1966)
Case requiring that the famous Miranda warnings8 , advising arrested persons of their right to remain silent, to have a lawyer present, and to have a lawyer appointed for free, in the event of lack of money, be given to persons arrested by police prior to interrogation.

44.4.10 Brandenburg v. Ohio, 395 U.S. 444 (1969)
Free speech case. Changed what remained of old "clear and present danger" test to "incitement to imminent lawless action test". Important in understanding U.S. free speech jurisprudence.

44.4.11 Roe v. Wade, 410 U.S. 113 (1973)
Roe v. Wade, decided in 1973, is a famous and extraordinarily controversial Supreme Court case that found the Constitution of the United States prohibits outlawing of abortion, or the imposition of undue restrictions upon it, at least during the initial stages of a pregnancy. Roe is likely the most controversial Supreme Court case in 20th century U.S. history, and ranks among Bush v. Gore (2000), Santa Clara County v. Southern Pacific Railroad Company
(1886), and Dred Scott v. Sanford (1857), as one of the most controversial Supreme Court cases of all time.
Roe, a woman from the state of Texas, had an unwanted pregnancy. Texas law, at that time, forbade the termination of pregnancy except under certain medical circumstances, such as
8

http://en.wikipedia.org/wiki/Miranda%20warning

407

Appendix Gamma: Supreme Court Decisions the endangerment of the pregnant woman's life. Roe sued the state of Texas, alleging that her 14th Amendment right to privacy was being violated by the law forbidding termination of pregnancy. The case worked its way up through the several Federal courts, and reached the Supreme Court. The Supreme Court agreed with Roe, and found the Texas law to be an unconstitutional invasion of Roe's right to privacy between doctor and patient. The decision in Roe was unique, though, as the Court did not just strike down the Texas law; it issued guidelines as to what regulation of abortion it would consider permissible. (It is normally very unusual for the Court to say what is allowed to government, versus determining what is forbidden for government to do.) The Court decided that during the first 3 months of a pregnancy, abortion was acceptable for any reason; during the second 3 months, regulation to protect health could be imposed, such as requiring that abortions take place in hospitals; and during the last 3 months, abortion could be generally forbidden, due to the late stage and development of the pregnancy.
This decision caused immediate and immense controversy throughout the United States.
Persons of numerous faiths objected to it (especially Catholics and conservative Protestants); feminist & civil rights groups applauded it; liberal groups (the left of the American political spectrum) were generally viewed as supportive of Roe, while conservative groups (the right of the American political spectrum) were generally viewed as being opposed to the decision.
Support & Opposition to Roe
Political and religious stereotypes scarcely capture the immense political and legal debate about the implications of Roe. This section reviews a few of these arguments.
Supporters of Roe view Roe as an important decision that affirmed what they consider the basic rights of women, especially the right for women to control their own body and reproductive systems. Other supporters view Roe as an important triumph in the area of reproductive public policy, establishing the right to control over active pregnancy into the law of the land. Still others focus on sociological arguments, sometimes claiming that
Roe led to decreases in crime in the years since the decision, as unwanted pregnancies, and therefore the number of unsupportable children was reduced by the availability of abortion.
(Others claim that the decrease in unwanted children is due to effective contraception widely available upon request, and the rise of comprehensive sex education.) Still others claim that it is hypocrisy for people to object to Roe, especially men, who will never have the
"opportunity" to walk a mile in the shoes of a teenage woman with an unwanted pregnancy, which will severely impact her future choices as well as cause her and her family shame.
This view can be expressed by the slogan: "Don't like abortion? Get a vasectomy!"
Objections to Roe are numerous. Legal objections can be broken down into several arguments.
One is that the Supreme Court, rather than interpreting the Constitution, legislated from the bench, in either upholding or greatly expanding the scope of the unwritten privacy right into an area which is generally not considered a subject of privacy, namely the permissibility of medical procedures performed by state-licensed health-care professionals. Individuals subscribing to this argument may take the view that irregardless of whether abortion is good public policy or not, it is not a legal matter implicating fundamental liberties, due to the uncertain origin and tortured nature of the privacy argument, but a political matter, for the people's representatives to consider and decide upon. Another is that the Supreme

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Court failed to consider the possibility that fetuses (or, as some term them, babies), may have rights as well as the pregnant woman, and those potential rights have to be analyzed as part of any decisions surrounding abortion. Others focus on the implications of decisions of this nature, viewing them as overreaching, and setting dangerous precedents that allow the
Court to deeply intrude into political questions that go further than fundamental liberties
(like freedom of speech, or the right to a fair trial), such as the Court was viewed by many as doing in Bush v. Gore.
Other objections include those of morality and religion. These objections are often raised by conservative Protestants, as well as Catholics, in general. However, a number of liberal
Protestant and Catholics, as well as non-religious people also object to abortion, as what they view as a violation of human rights.
Impact and Implications of Roe
It can be scarcely disputed that Roe has caused immeasurable political conflict between supporters and opponents of abortion that goes on to this day; some even believe that Roe and the conflicts surrounding it have caused the basic consensus underlying the foundations of United States democracy to be injured. It is arguable that Roe was the last blow that shattered the New Deal Coalition9 of liberals10 and moderates that had governed the U.S. for perhaps 40 years at the time. Objectors to Roe no longer saw the general political community of the United States as sharing their values, and opted out of that community, seeking and creating new political communities within and based upon their faith. These faith-based political communities would later do battle with the ideology-based political communities created during and in the wake of the Vietnam War, and forged in place by the great unrest of 196811 .
This clash of beliefs came to be characterised by conservatives as a 'Culture War' which became an evocative touchstone of their political activism from the 1980s onwards.

44.4.12 United States v. Nixon, 418 U.S. 683 (1974)
This case originated out of a dispute over a subpoena for evidence pertinent to special prosecutor Archibald Cox's Watergate investigation. Because of Cox's insistence that
President Nixon hand over his infamous audiotaped conversations, he was fired as a part of Nixon's Saturday Night Massacre. Cox's successor, Leon Jaworski, continued to pursue the subpoena. Nixon continued to refuse to hand the tapes over, and cited his executive privilege12 in asserting their confidentiality. Jaworski filed a lawsuit in the Supreme Court in hopes of obtaining a court order forcing Nixon to obey the subpoena.
Although in private deliberations, the justices did not come to a unanimous opinion, they decided to rule unanimously with the majority's opinion in order to make the ruling more

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Appendix Gamma: Supreme Court Decisions definitive to Nixon and pressure him not to ignore it. The opinion held that, not only as established in Marbury v. Madison that the Court was the final say concerning whether or not laws were constitutional, the Court could also decide how the President's powers are limited by the Constitution. The court also held that executive privilege did not apply to evidence pertinent to criminal cases. Most importantly, the Court ruled that, using the power it had affirmed, that nobody, including the President of the United States, was above the law.

44.4.13 Regents of the University of California v. Bakke, 438 U.S. 265
(1978)
Supreme Court case that ruled that quotas as a form of affirmative action (i.e. a guaranteed minimum percentage reservation of seats in a public institution for minority groups who were subject to past discrimination) were violative of the Constitution, and were thus illegal.

44.4.14 Bowers v. Hardwick, 478 U.S. 186 (1986)
Supreme Court case that found that laws forbidding and criminalizing private, consensual, non-commercial sexual conduct between unrelated adults that a legislative body found to be immoral were compatible with the Constitutional guarantees of liberty and privacy.
Overruled and reversed as being wrongly decided in the first instance by Lawrence v. Texas
(2003).

44.4.15 Texas v. Johnson, 491 U.S. 397 (1989)
44.4.16 Planned Parenthood v. Casey, 505 U.S. 833 (1992)
44.4.17 Romer v. Evans, 517 U.S. 620 (1996)
44.4.18 Bush v. Gore, 531 U.S. 98 (2000)
This case is notable, not because it set any new precedent, but because of the magnitude of the decision: the Supreme Court effectively decided the 2000 Presidential election, due to voting irregularities in Florida.

44.4.19 Lawrence v. Texas, 539 U.S. 558 (2003)
Lawrence, a gay man, was in his apartment, having consensual intimate transactions with his unrelated sexual partner, when local police, responding to a weapons complaint of shots fired, suddenly entered his apartment to search for weapons. No weapons were found, but
Lawrence and his partner were discovered by the police in flagrante delicto. They were cited by the police for "unnatural sexual intercourse", a crime under the law of the State of Texas.
Lawrence and his partner, Gardner, decided to fight the charges, on the grounds that:

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1. The law only applied to "unnatural sexual intercourse" between persons of the same sex, but not against persons of the opposite sex engaging in the same sort of "unnatural sexual intercourse". This, claimed Lawrence, deprived him of the equal protection of the law.
2. The law was an unconstitutional invasion of Lawrence's and Gardner's privacy and liberty, as the "crime" Lawrence and Gardner were accused of were transactions of the most intimate character, were consensual, were non-commercial and took place in private, behind closed doors, in a private space where the authority of the state had no power to enter, nor to regulate such transactions, absent some compelling showing of harm.
The State of Texas argued that the charges should be upheld on the grounds that the state has the right to determine and regulate morality, including morality in private spaces, and that laws forbidding homosexuality were found to be constitutional in the case of Bowers v.
Hardwick, creating a precedent that had to be upheld by the Court.
The Court agreed with Lawrence and Gardner. Justice Kennedy, writing for the Court, concluded: “These matters, involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy, are central to the liberty protected by the Fourteenth Amendment. At the heart of liberty is the right to define one’s own concept of existence, of meaning, of the universe, and of the mystery of human life.
Beliefs about these matters could not define the attributes of personhood were they formed under compulsion of the State.
Persons in a homosexual relationship may seek autonomy for these purposes, just as heterosexual persons do. The decision in Bowers would deny them this right. Bowers was not correct when it was decided, and it is not correct today. It ought not to remain binding precedent. Bowers v. Hardwick should be and now is overruled.
The present case does not involve minors. It does not involve persons who might be injured or coerced or who are situated in relationships where consent might not easily be refused. It does not involve public conduct or prostitution. It does not involve whether the government must give formal recognition to any relationship that homosexual persons seek to enter. The case does involve two adults who, with full and mutual consent from each other, engaged in sexual practices common to a homosexual lifestyle. The petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process
Clause gives them the full right to engage in their conduct without intervention of the government. “It is a promise of the Constitution that there is a realm of personal liberty which the government may not enter.” Casey, supra, at 847. The Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual.
Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the
Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom."

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44.4.20 Hamdi v. Rumsfeld, 542 U.S. 507 (2004)
44.4.21 Hamdan v. Rumsfeld, 548 U.S. 557 (2006)
44.4.22 Boumediene v. Bush, 553 U.S. 723 (2008)
44.4.23 District of Columbia v. Heller, 554 U.S. 570 (2008)
This case involved the interpretation of the Second Amendment13 , appertaining to militias as well as the right to keep and bear arms, as well as the Fourteenth Amendment14 , which secures and specifies that the people retain certain rights, including those to life, to liberty, and to property, that no state government may deny them.
Heller, the petitioner, lived in the District of Columbia, whose law forbade the possession of handguns within said District, except under certain very narrow circumstances, which
Heller was not eligible for. Believing the Second Amendment to apply to individuals, Heller sued, claiming that his right to keep and bear arms was being infringed by the District.
The Supreme Court agreed with Heller, finding that the Second Amendment does indeed secure to individuals the right to keep and bear arms, and that the Fourteenth Amendment applies this right to the several States; the District's handgun ban was thus overturned.

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Kfasimpaur145
Killjoy1010146

http://en.wikibooks.org/w/index.php?title=User:Jasmine1 http://en.wikibooks.org/w/index.php?title=User:JasmineCephas http://en.wikibooks.org/w/index.php?title=User:Jason http://en.wikibooks.org/w/index.php?title=User:Jguk http://en.wikibooks.org/w/index.php?title=User:Jhorner http://en.wikibooks.org/w/index.php?title=User:Jiang http://en.wikibooks.org/w/index.php?title=User:Jkferg http://en.wikibooks.org/w/index.php?title=User:Jklemak http://en.wikibooks.org/w/index.php?title=User:Jlewis http://en.wikibooks.org/w/index.php?title=User:Jmermels http://en.wikibooks.org/w/index.php?title=User:John-1107 http://en.wikibooks.org/w/index.php?title=User:Johnnor http://en.wikibooks.org/w/index.php?title=User:JoliePA http://en.wikibooks.org/w/index.php?title=User:Jomegat http://en.wikibooks.org/w/index.php?title=User:Jonah http://en.wikibooks.org/w/index.php?title=User:JordanRC http://en.wikibooks.org/w/index.php?title=User:Jsmiley1 http://en.wikibooks.org/w/index.php?title=User:Juliusross http://en.wikibooks.org/w/index.php?title=User:Jwmorris92 http://en.wikibooks.org/w/index.php?title=User:Karl_Wick http://en.wikibooks.org/w/index.php?title=User:Katana0182 http://en.wikibooks.org/w/index.php?title=User:Kayau http://en.wikibooks.org/w/index.php?title=User:Kernigh http://en.wikibooks.org/w/index.php?title=User:Kfasimpaur http://en.wikibooks.org/w/index.php?title=User:Killjoy1010

References and Notes
2
1
3
18
10
1
3
1
2
1
5
13
1
1
1
1
10
3
34
1
1
251
2
5
131

147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171

Kitty s147
Kj8brennan6148
Kolt.blunt149
Kowey150
Krice24151
Krischik152
Kthejoker153
Kurt Kawohl154
LBotha155
Ladb2000156
Laleena157
Lamar Browning158
Lawman159
Lazyquasar160
Lbs6380161
Leilan162
Liblamb163
Linesdata164
Lisahumphrey84165
Lonrel166
Lookatthis167
Lord Emsworth168
Lord Mardicia169
Lord Voldemort170
Lottamiata171

http://en.wikibooks.org/w/index.php?title=User:Kitty_s http://en.wikibooks.org/w/index.php?title=User:Kj8brennan6 http://en.wikibooks.org/w/index.php?title=User:Kolt.blunt http://en.wikibooks.org/w/index.php?title=User:Kowey http://en.wikibooks.org/w/index.php?title=User:Krice24 http://en.wikibooks.org/w/index.php?title=User:Krischik http://en.wikibooks.org/w/index.php?title=User:Kthejoker http://en.wikibooks.org/w/index.php?title=User:Kurt_Kawohl http://en.wikibooks.org/w/index.php?title=User:LBotha http://en.wikibooks.org/w/index.php?title=User:Ladb2000 http://en.wikibooks.org/w/index.php?title=User:Laleena http://en.wikibooks.org/w/index.php?title=User:Lamar_Browning http://en.wikibooks.org/w/index.php?title=User:Lawman http://en.wikibooks.org/w/index.php?title=User:Lazyquasar http://en.wikibooks.org/w/index.php?title=User:Lbs6380 http://en.wikibooks.org/w/index.php?title=User:Leilan http://en.wikibooks.org/w/index.php?title=User:Liblamb http://en.wikibooks.org/w/index.php?title=User:Linesdata http://en.wikibooks.org/w/index.php?title=User:Lisahumphrey84 http://en.wikibooks.org/w/index.php?title=User:Lonrel http://en.wikibooks.org/w/index.php?title=User:Lookatthis http://en.wikibooks.org/w/index.php?title=User:Lord_Emsworth http://en.wikibooks.org/w/index.php?title=User:Lord_Mardicia http://en.wikibooks.org/w/index.php?title=User:Lord_Voldemort http://en.wikibooks.org/w/index.php?title=User:Lottamiata

419

Contributors
33
3
1
1
2
2
1
63
1
1
29
2
4
22
4
1
6
1
11
2
4
1
1
16
159

172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196

420

Lpayne1172
Marcellus173
Marcus2174
Marshman175
Mathwizard1232176
Matray177
Maveric149178
Mcw1001179
Mdd4696180
Melanielovesluis181
Mholder92182
Michaelburns183
Michele dev184
Mike.lifeguard185
MikeBorkowski186
MikeyBoab187
Mikeypitt7188
Mitchowen189
Mnorton1190
Mr. Kruzkin191
Mrsal192
Mu301193
Multichill194
Mwilliams197195
Neoptolemus196

http://en.wikibooks.org/w/index.php?title=User:Lpayne1 http://en.wikibooks.org/w/index.php?title=User:Marcellus http://en.wikibooks.org/w/index.php?title=User:Marcus2 http://en.wikibooks.org/w/index.php?title=User:Marshman http://en.wikibooks.org/w/index.php?title=User:Mathwizard1232 http://en.wikibooks.org/w/index.php?title=User:Matray http://en.wikibooks.org/w/index.php?title=User:Maveric149 http://en.wikibooks.org/w/index.php?title=User:Mcw1001 http://en.wikibooks.org/w/index.php?title=User:Mdd4696 http://en.wikibooks.org/w/index.php?title=User:Melanielovesluis http://en.wikibooks.org/w/index.php?title=User:Mholder92 http://en.wikibooks.org/w/index.php?title=User:Michaelburns http://en.wikibooks.org/w/index.php?title=User:Michele_dev http://en.wikibooks.org/w/index.php?title=User:Mike.lifeguard http://en.wikibooks.org/w/index.php?title=User:MikeBorkowski http://en.wikibooks.org/w/index.php?title=User:MikeyBoab http://en.wikibooks.org/w/index.php?title=User:Mikeypitt7 http://en.wikibooks.org/w/index.php?title=User:Mitchowen http://en.wikibooks.org/w/index.php?title=User:Mnorton1 http://en.wikibooks.org/w/index.php?title=User:Mr._Kruzkin http://en.wikibooks.org/w/index.php?title=User:Mrsal http://en.wikibooks.org/w/index.php?title=User:Mu301 http://en.wikibooks.org/w/index.php?title=User:Multichill http://en.wikibooks.org/w/index.php?title=User:Mwilliams197 http://en.wikibooks.org/w/index.php?title=User:Neoptolemus

References and Notes
78
21
1
2
1
14
2
1
1
8
1
10
1
2
1
4
1
31
26
1
1
1
95
1
10

197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221

NetHaven197
Nihil198
NipplesMeCool199
Ocolon200
Panaita201
Panic2k4202
Patricknoddy203
Paul Lynch204
Pcu123456789205
Peteturtle206
Philipdw207
Phunt33208
PrivateWiddle209
Pseydtonne210
Pulszar211
PunkPod212
Pureblade213
PurplePieman214
Purplebackpack89215
Pzevallos216216
QUBot217
Qrc218
QuiteUnusual219
Rafique220
Rakrom221

http://en.wikibooks.org/w/index.php?title=User:NetHaven http://en.wikibooks.org/w/index.php?title=User:Nihil http://en.wikibooks.org/w/index.php?title=User:NipplesMeCool http://en.wikibooks.org/w/index.php?title=User:Ocolon http://en.wikibooks.org/w/index.php?title=User:Panaita http://en.wikibooks.org/w/index.php?title=User:Panic2k4 http://en.wikibooks.org/w/index.php?title=User:Patricknoddy http://en.wikibooks.org/w/index.php?title=User:Paul_Lynch http://en.wikibooks.org/w/index.php?title=User:Pcu123456789 http://en.wikibooks.org/w/index.php?title=User:Peteturtle http://en.wikibooks.org/w/index.php?title=User:Philipdw http://en.wikibooks.org/w/index.php?title=User:Phunt33 http://en.wikibooks.org/w/index.php?title=User:PrivateWiddle http://en.wikibooks.org/w/index.php?title=User:Pseydtonne http://en.wikibooks.org/w/index.php?title=User:Pulszar http://en.wikibooks.org/w/index.php?title=User:PunkPod http://en.wikibooks.org/w/index.php?title=User:Pureblade http://en.wikibooks.org/w/index.php?title=User:PurplePieman http://en.wikibooks.org/w/index.php?title=User:Purplebackpack89 http://en.wikibooks.org/w/index.php?title=User:Pzevallos216 http://en.wikibooks.org/w/index.php?title=User:QUBot http://en.wikibooks.org/w/index.php?title=User:Qrc http://en.wikibooks.org/w/index.php?title=User:QuiteUnusual http://en.wikibooks.org/w/index.php?title=User:Rafique http://en.wikibooks.org/w/index.php?title=User:Rakrom

421

Contributors
2
2
1
5
20
17
49
1
2
2
3
41
33
2
4
1
4
2
1
1
1
1
12
3
2

222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246

422

Ramac222
Rappo223
Raquelcm224
Ravichandar84225
Rchurch226
Recent Runes227
Red4tribe228
Reece229
Retropunk230
Rhinoceros Rex231
Robert Horning232
RobinH233
Rwidmar91234
SB Johnny235
SBJohnny236
SEWilco237
Sam Hocevar238
SamE239
Sameer94240
SausageSucker241
Savoirbien242
SayRayJ243
Sblackwell92244
Sbriddon245
Scrowbell246

http://en.wikibooks.org/w/index.php?title=User:Ramac http://en.wikibooks.org/w/index.php?title=User:Rappo http://en.wikibooks.org/w/index.php?title=User:Raquelcm http://en.wikibooks.org/w/index.php?title=User:Ravichandar84 http://en.wikibooks.org/w/index.php?title=User:Rchurch http://en.wikibooks.org/w/index.php?title=User:Recent_Runes http://en.wikibooks.org/w/index.php?title=User:Red4tribe http://en.wikibooks.org/w/index.php?title=User:Reece http://en.wikibooks.org/w/index.php?title=User:Retropunk http://en.wikibooks.org/w/index.php?title=User:Rhinoceros_Rex http://en.wikibooks.org/w/index.php?title=User:Robert_Horning http://en.wikibooks.org/w/index.php?title=User:RobinH http://en.wikibooks.org/w/index.php?title=User:Rwidmar91 http://en.wikibooks.org/w/index.php?title=User:SB_Johnny http://en.wikibooks.org/w/index.php?title=User:SBJohnny http://en.wikibooks.org/w/index.php?title=User:SEWilco http://en.wikibooks.org/w/index.php?title=User:Sam_Hocevar http://en.wikibooks.org/w/index.php?title=User:SamE http://en.wikibooks.org/w/index.php?title=User:Sameer94 http://en.wikibooks.org/w/index.php?title=User:SausageSucker http://en.wikibooks.org/w/index.php?title=User:Savoirbien http://en.wikibooks.org/w/index.php?title=User:SayRayJ http://en.wikibooks.org/w/index.php?title=User:Sblackwell92 http://en.wikibooks.org/w/index.php?title=User:Sbriddon http://en.wikibooks.org/w/index.php?title=User:Scrowbell

References and Notes
1
1
1
1
1
4
29
1
17
2
3
3
2
1
32
16
1
1
2
5
1
1
12
1
48

247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271

Sguzik247
Shyam248
Sigma 7249
Skarg250
Sleeping143251
Sluffs252
Smcginnis6253
Spartanmjf254
Spongebob88255
Stardust89256
Stevenyu257
Sundance Raphael258
Swift259
TUF-KAT260
Tannersf261
Tatest5262
Teemu Romppanen263
Terra264
Tharenthel265
Thekohser266
Thenub314267
Tomos268
Tonywiki269
TrackMonkey270
Tweetybird1990271

http://en.wikibooks.org/w/index.php?title=User:Sguzik http://en.wikibooks.org/w/index.php?title=User:Shyam http://en.wikibooks.org/w/index.php?title=User:Sigma_7 http://en.wikibooks.org/w/index.php?title=User:Skarg http://en.wikibooks.org/w/index.php?title=User:Sleeping143 http://en.wikibooks.org/w/index.php?title=User:Sluffs http://en.wikibooks.org/w/index.php?title=User:Smcginnis6 http://en.wikibooks.org/w/index.php?title=User:Spartanmjf http://en.wikibooks.org/w/index.php?title=User:Spongebob88 http://en.wikibooks.org/w/index.php?title=User:Stardust89 http://en.wikibooks.org/w/index.php?title=User:Stevenyu http://en.wikibooks.org/w/index.php?title=User:Sundance_Raphael http://en.wikibooks.org/w/index.php?title=User:Swift http://en.wikibooks.org/w/index.php?title=User:TUF-KAT http://en.wikibooks.org/w/index.php?title=User:Tannersf http://en.wikibooks.org/w/index.php?title=User:Tatest5 http://en.wikibooks.org/w/index.php?title=User:Teemu_Romppanen http://en.wikibooks.org/w/index.php?title=User:Terra http://en.wikibooks.org/w/index.php?title=User:Tharenthel http://en.wikibooks.org/w/index.php?title=User:Thekohser http://en.wikibooks.org/w/index.php?title=User:Thenub314 http://en.wikibooks.org/w/index.php?title=User:Tomos http://en.wikibooks.org/w/index.php?title=User:Tonywiki http://en.wikibooks.org/w/index.php?title=User:TrackMonkey http://en.wikibooks.org/w/index.php?title=User:Tweetybird1990

423

Contributors
7
2
1
1
1
1
1
2
6
40
7
33
15
1
7
11
1
15
17
1
12
2

272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293

424

Tylerbrown024272
Ugen64273
Verysweetkitty15274
Veterator275
Vivniko276
Vrada277
W3bj3d1278
Wadester16279
Webaware280
Weeds37281
Wesley Gray282
Whiteknight283
Whoop whoop pull up284
Wikipedi4is4f4gs285
Withinfocus286
Wlucas2320287
Wutsje288
Xania289
Yherrera2290
Yodaat291
Zginder292
Zollerriia293

http://en.wikibooks.org/w/index.php?title=User:Tylerbrown024 http://en.wikibooks.org/w/index.php?title=User:Ugen64 http://en.wikibooks.org/w/index.php?title=User:Verysweetkitty15 http://en.wikibooks.org/w/index.php?title=User:Veterator http://en.wikibooks.org/w/index.php?title=User:Vivniko http://en.wikibooks.org/w/index.php?title=User:Vrada http://en.wikibooks.org/w/index.php?title=User:W3bj3d1 http://en.wikibooks.org/w/index.php?title=User:Wadester16 http://en.wikibooks.org/w/index.php?title=User:Webaware http://en.wikibooks.org/w/index.php?title=User:Weeds37 http://en.wikibooks.org/w/index.php?title=User:Wesley_Gray http://en.wikibooks.org/w/index.php?title=User:Whiteknight http://en.wikibooks.org/w/index.php?title=User:Whoop_whoop_pull_up http://en.wikibooks.org/w/index.php?title=User:Wikipedi4is4f4gs http://en.wikibooks.org/w/index.php?title=User:Withinfocus http://en.wikibooks.org/w/index.php?title=User:Wlucas2320 http://en.wikibooks.org/w/index.php?title=User:Wutsje http://en.wikibooks.org/w/index.php?title=User:Xania http://en.wikibooks.org/w/index.php?title=User:Yherrera2 http://en.wikibooks.org/w/index.php?title=User:Yodaat http://en.wikibooks.org/w/index.php?title=User:Zginder http://en.wikibooks.org/w/index.php?title=User:Zollerriia List of Figures
• GFDL: Gnu Free Documentation License. http://www.gnu.org/licenses/fdl.html
• cc-by-sa-3.0: Creative Commons Attribution ShareAlike 3.0 License. creativecommons.org/licenses/by-sa/3.0/ http://

• cc-by-sa-2.5: Creative Commons Attribution ShareAlike 2.5 License. creativecommons.org/licenses/by-sa/2.5/ http://

• cc-by-sa-2.0: Creative Commons Attribution ShareAlike 2.0 License. creativecommons.org/licenses/by-sa/2.0/ http://

• cc-by-sa-1.0: Creative Commons Attribution ShareAlike 1.0 License. creativecommons.org/licenses/by-sa/1.0/ http://

• cc-by-2.0: Creative Commons Attribution 2.0 License. http://creativecommons. org/licenses/by/2.0/ • cc-by-2.0: Creative Commons Attribution 2.0 License. http://creativecommons. org/licenses/by/2.0/deed.en • cc-by-2.5: Creative Commons Attribution 2.5 License. http://creativecommons. org/licenses/by/2.5/deed.en • cc-by-3.0: Creative Commons Attribution 3.0 License. http://creativecommons. org/licenses/by/3.0/deed.en • GPL: GNU General Public License. http://www.gnu.org/licenses/gpl-2.0.txt
• LGPL: GNU Lesser General Public License. http://www.gnu.org/licenses/lgpl. html • PD: This image is in the public domain.
• ATTR: The copyright holder of this file allows anyone to use it for any purpose, provided that the copyright holder is properly attributed. Redistribution, derivative work, commercial use, and all other use is permitted.
• EURO: This is the common (reverse) face of a euro coin. The copyright on the design of the common face of the euro coins belongs to the European Commission. Authorised is reproduction in a format without relief (drawings, paintings, films) provided they are not detrimental to the image of the euro.
• LFK: Lizenz Freie Kunst. http://artlibre.org/licence/lal/de
• CFR: Copyright free use.

425

List of Figures
• EPL: Eclipse Public License. http://www.eclipse.org/org/documents/epl-v10. php Copies of the GPL, the LGPL as well as a GFDL are included in chapter Licenses294 . Please note that images in the public domain do not require attribution. You may click on the image numbers in the following table to open the webpage of the images in your webbrower.

294 Chapter 46 on page 429

426

List of Figures

1
2
3
4
5
6
7
8
9

unknown
Painting : Dióscoro Teófilo Puebla Tolín. Publisher : Currier and Ives295 .
Allard Schmidt (The Netherlands)
Skubasteve834296
UNKNOWN TEMPLATE Creator:Jean Leon Gerome
FerrisLOC-image
cph.3g07155

10
11

Samuel Cooper (died 1672)
UNKNOWN TEMPLATE Creator:Charles Willson PealeCustis-Lee Collection, [[w:Washington and Lee University
Washington and Lee University]], Lexington, Virginia
And at http://www.americanmilitaryhistorymsw.com/ blog/536357-washingtons-mission/ 12
13
14
15
16
17
18
19
20
21
22
23
24
25

PD
PD
GFDL
GFDL
PD

Anonyme. see below
Original uploader was Sopran297 at cs.wikipedia298

26
27

295
296
297
298
299
300
301
302

GFDL
PD
PD
PD

PD
PD

PD
PD
PD
PD
Heppenheimer & Maurer
PD
John Frost
PD
{{Creator:Costantino Brumidi
PD
Original uploader was Karl Wick299 at en.wikibooks300
PD
{{Creator:John Trumbull
PD
PD
Self-made
GFDL
{{Creator:Charles Willson Peale
PD
PD
UNKNOWN TEMPLATE Creator:Lemuel Francis PD
Abbott[http://www.senate.gov/artandhistory/art/artifact/Painting_31_00010.htm
senate.gov]*Original uploader was
[[:en:User:Darwinek
Darwinek]] at en.wikipedia301
{{Creator:Gilbert Stuart link302

PD
PD

http://en.wikipedia.org/wiki/Currier%20and%20Ives http://en.wikipedia.org/wiki/User:Skubasteve834 http://en.wikibooks.org/wiki/%3Acs%3AUser%3ASopran http://cs.wikipedia.org http://en.wikibooks.org/wiki/%3Awikibooks%3Aen%3AUser%3AKarl%20Wick http://en.wikibooks.org http://en.wikipedia.org http://www.clarkart.edu/museum/exhibitions-past-detail.cfm?EID=40 427

List of Figures

28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61

303
304
305
306
307
308
309

United States federal government (en:User:Black and
White303 converted it from JPEG to PNG and retouched it)
Esemono304
User:Golbez305
Self-made from public domain work Image:US_Secession_map_1865.svg306
Original uploader was Karl Wick307 at en.wikibooks308
{{creator:Timothy H. O'Sullivan
Electors of President and Vice President of the United States for the State of Louisiana (1876)
Publ. Photochemie Berlin No. 3603

World-Telegram staff photographer
Unnamed graphic artists in employ of U.S. Federal Government
U.S. Navy photo
Library of Congres
Bob McNeely, The White House 309
White house photo by Eric Draper. unknown United States Congress
Robert S. Oakes
U.S. Court of Appeals for the District of Columbia Circuit
Original uploader was Wikispork310 at en.wikipedia311
USGS
United States Congress
Rachael Dickson
United States Senate

PD
PD
GFDL
PD
PD
PD
PD
PD
PD
PD
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PD
PD
PD
PD
PD
PD
PD
PD
PD
PD
PD
GFDL
PD
GFDL
PD
PD
PD
PD
PD
PD
PD
cc-by-2.0
PD

http://en.wikibooks.org/wiki/%3Aen%3AUser%3ABlack%20and%20White http://en.wikibooks.org/wiki/User%3AEsemono http://en.wikibooks.org/wiki/User%3AGolbez http://en.wikibooks.org/wiki/%3AImage%3AUS_Secession_map_1865.svg http://en.wikibooks.org/wiki/%3Awikibooks%3Aen%3AUser%3AKarl%20Wick http://en.wikibooks.org Freidel, Frank (1994). Presidents of the United States of America ˆ{http: // books. google. com/ books? id= 5i2I5Uqi8sMC&printsec= frontcover# PPA7,M1 } . Darby, PA: Diane Books Publishing
Company. p. 7.
310 http://en.wikibooks.org/wiki/%3Aen%3AUser%3AWikispork
311 http://en.wikipedia.org

428

46 Licenses
46.1 GNU GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright © 2007 Free Software Foundation, Inc.

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble
The GNU General Public License is a free, copyleft license for software and other kinds of works.
The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the
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When we speak of free software, we are referring to freedom, not price.
Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software
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For example, if you distribute copies of such a program, whether gratis or for a fee, you must pass on to the recipients the same freedoms that you received. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
Developers that use the GNU GPL protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License giving you legal permission to copy, distribute and/or modify it. For the developers’ and authors’ protection, the
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“This License” refers to version 3 of the GNU General Public License.
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The Corresponding Source for a work in source code form is that same work. 2. Basic Permissions.
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When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work’s users, your or third parties’ legal rights to forbid circumvention of technological measures. 4. Conveying Verbatim Copies.

A “User Product” is either (1) a “consumer product”, which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, “normally used” refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or nonconsumer uses, unless such uses represent the only significant mode of use of the product.

You may convey verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program.

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7. Additional Terms.
“Additional permissions” are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire
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Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms: * a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this
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If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10. 9.
Acceptance Not Required for Having Copies.
You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so. 10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this
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A contributor’s “essential patent claims” are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, “control” includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.
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“grant” such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.

If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or
(3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient’s use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.

If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.

A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.

Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law. 12. No
Surrender of Others’ Freedom.

If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program. 13. Use with the GNU Affero General Public License.

Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version
3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General
Public License, section 13, concerning interaction through a network will apply to the combination as such. 14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of the GNU General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU General Public License
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If the Program specifies that a proxy can decide which future versions of the GNU General Public
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Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version. 15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE
STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE
PROGRAM “AS IS” WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM IS WITH
YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY
OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE,
BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE
THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED
BY YOU OR THIRD PARTIES OR A FAILURE
OF THE PROGRAM TO OPERATE WITH ANY
OTHER PROGRAMS), EVEN IF SUCH HOLDER
OR OTHER PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. 17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal ef-

fect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively state the exclusion of warranty; and each file should have at least the “copyright” line and a pointer to where the full notice is found. Copyright (C)

This program is free software: you can redistribute it and/or modify it under the terms of the GNU
General Public License as published by the Free
Software Foundation, either version 3 of the License, or (at your option) any later version.
This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public
License for more details.
You should have received a copy of the GNU General Public License along with this program. If not, see .
Also add information on how to contact you by electronic and paper mail.
If the program does terminal interaction, make it output a short notice like this when it starts in an interactive mode: Copyright (C) This program comes with ABSOLUTELY
NO WARRANTY; for details type ‘show w’. This is free software, and you are welcome to redistribute it under certain conditions; type ‘show c’ for details.
The hypothetical commands ‘show w’ and ‘show c’ should show the appropriate parts of the General
Public License. Of course, your program’s commands might be different; for a GUI interface, you would use an “about box”.
You should also get your employer (if you work as a programmer) or school, if any, to sign a
“copyright disclaimer” for the program, if necessary.
For more information on this, and how to apply and follow the GNU GPL, see
.
The GNU General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Lesser General
Public License instead of this License. But first, please read .

46.2 GNU Free Documentation License
Version 1.3, 3 November 2008
Copyright © 2000, 2001, 2002, 2007, 2008 Free Software Foundation, Inc.
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. 0. PREAMBLE
The purpose of this License is to make a manual, textbook, or other functional and useful document
"free" in the sense of freedom: to assure everyone the effective freedom to copy and redistribute it, with or without modifying it, either commercially or noncommercially. Secondarily, this License preserves for the author and publisher a way to get credit for their work, while not being considered responsible for modifications made by others.
This License is a kind of "copyleft", which means that derivative works of the document must themselves be free in the same sense. It complements the GNU General Public License, which is a copyleft license designed for free software.
We have designed this License in order to use it for manuals for free software, because free software needs free documentation: a free program should come with manuals providing the same freedoms that the software does. But this License is not limited to software manuals; it can be used for any textual work, regardless of subject matter or whether it is published as a printed book. We recommend this License principally for works whose purpose is instruction or reference. 1. APPLICABILITY AND
DEFINITIONS
This License applies to any manual or other work, in any medium, that contains a notice placed by the copyright holder saying it can be distributed under the terms of this License. Such a notice grants a world-wide, royalty-free license, unlimited in duration, to use that work under the conditions stated herein. The "Document", below, refers to any such manual or work. Any member of the public is a licensee, and is addressed as "you". You accept the license if you copy, modify or distribute the work in a way requiring permission under copyright law.
A "Modified Version" of the Document means any work containing the Document or a portion of it, either copied verbatim, or with modifications and/or translated into another language.
A "Secondary Section" is a named appendix or a front-matter section of the Document that deals exclusively with the relationship of the publishers or

authors of the Document to the Document’s overall subject (or to related matters) and contains nothing that could fall directly within that overall subject. (Thus, if the Document is in part a textbook of mathematics, a Secondary Section may not explain any mathematics.) The relationship could be a matter of historical connection with the subject or with related matters, or of legal, commercial, philosophical, ethical or political position regarding them.
The "Invariant Sections" are certain Secondary Sections whose titles are designated, as being those of
Invariant Sections, in the notice that says that the
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The Document may contain zero Invariant Sections.
If the Document does not identify any Invariant
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The "Cover Texts" are certain short passages of text that are listed, as Front-Cover Texts or Back-Cover
Texts, in the notice that says that the Document is released under this License. A Front-Cover Text may be at most 5 words, and a Back-Cover Text may be at most 25 words.
A "Transparent" copy of the Document means a machine-readable copy, represented in a format whose specification is available to the general public, that is suitable for revising the document straightforwardly with generic text editors or (for images composed of pixels) generic paint programs or (for drawings) some widely available drawing editor, and that is suitable for input to text formatters or for automatic translation to a variety of formats suitable for input to text formatters. A copy made in an otherwise Transparent file format whose markup, or absence of markup, has been arranged to thwart or discourage subsequent modification by readers is not Transparent. An image format is not
Transparent if used for any substantial amount of text. A copy that is not "Transparent" is called
"Opaque".
Examples of suitable formats for Transparent copies include plain ASCII without markup, Texinfo input format, LaTeX input format, SGML or
XML using a publicly available DTD, and standardconforming simple HTML, PostScript or PDF designed for human modification. Examples of transparent image formats include PNG, XCF and JPG.
Opaque formats include proprietary formats that can be read and edited only by proprietary word processors, SGML or XML for which the DTD and/or processing tools are not generally available, and the machine-generated HTML, PostScript or

PDF produced by some word processors for output purposes only.
The "Title Page" means, for a printed book, the title page itself, plus such following pages as are needed to hold, legibly, the material this License requires to appear in the title page. For works in formats which do not have any title page as such,
"Title Page" means the text near the most prominent appearance of the work’s title, preceding the beginning of the body of the text.
The "publisher" means any person or entity that distributes copies of the Document to the public.
A section "Entitled XYZ" means a named subunit of the Document whose title either is precisely XYZ or contains XYZ in parentheses following text that translates XYZ in another language. (Here XYZ stands for a specific section name mentioned below, such as "Acknowledgements", "Dedications", "Endorsements", or "History".) To "Preserve the Title" of such a section when you modify the Document means that it remains a section "Entitled XYZ" according to this definition.
The Document may include Warranty Disclaimers next to the notice which states that this License applies to the Document.
These Warranty Disclaimers are considered to be included by reference in this License, but only as regards disclaiming warranties: any other implication that these Warranty
Disclaimers may have is void and has no effect on the meaning of this License. 2. VERBATIM COPYING
You may copy and distribute the Document in any medium, either commercially or noncommercially, provided that this License, the copyright notices, and the license notice saying this License applies to the Document are reproduced in all copies, and that you add no other conditions whatsoever to those of this License. You may not use technical measures to obstruct or control the reading or further copying of the copies you make or distribute. However, you may accept compensation in exchange for copies. If you distribute a large enough number of copies you must also follow the conditions in section 3.
You may also lend copies, under the same conditions stated above, and you may publicly display copies. 3. COPYING IN QUANTITY
If you publish printed copies (or copies in media that commonly have printed covers) of the Document, numbering more than 100, and the Document’s license notice requires Cover Texts, you

must enclose the copies in covers that carry, clearly and legibly, all these Cover Texts: Front-Cover
Texts on the front cover, and Back-Cover Texts on the back cover. Both covers must also clearly and legibly identify you as the publisher of these copies. The front cover must present the full title with all words of the title equally prominent and visible. You may add other material on the covers in addition. Copying with changes limited to the covers, as long as they preserve the title of the Document and satisfy these conditions, can be treated as verbatim copying in other respects.
If the required texts for either cover are too voluminous to fit legibly, you should put the first ones listed (as many as fit reasonably) on the actual cover, and continue the rest onto adjacent pages.
If you publish or distribute Opaque copies of the
Document numbering more than 100, you must either include a machine-readable Transparent copy along with each Opaque copy, or state in or with each Opaque copy a computer-network location from which the general network-using public has access to download using public-standard network protocols a complete Transparent copy of the Document, free of added material. If you use the latter option, you must take reasonably prudent steps, when you begin distribution of Opaque copies in quantity, to ensure that this Transparent copy will remain thus accessible at the stated location until at least one year after the last time you distribute an Opaque copy (directly or through your agents or retailers) of that edition to the public.
It is requested, but not required, that you contact the authors of the Document well before redistributing any large number of copies, to give them a chance to provide you with an updated version of the Document. 4. MODIFICATIONS
You may copy and distribute a Modified Version of the Document under the conditions of sections 2 and 3 above, provided that you release the Modified Version under precisely this License, with the
Modified Version filling the role of the Document, thus licensing distribution and modification of the
Modified Version to whoever possesses a copy of it.
In addition, you must do these things in the Modified Version:
* A. Use in the Title Page (and on the covers, if any) a title distinct from that of the Document, and from those of previous versions (which should, if there were any, be listed in the History section of the Document). You may use the same title as a previous version if the original publisher of that version gives permission. * B. List on the Title

Page, as authors, one or more persons or entities responsible for authorship of the modifications in the Modified Version, together with at least five of the principal authors of the Document (all of its principal authors, if it has fewer than five), unless they release you from this requirement. * C. State on the Title page the name of the publisher of the
Modified Version, as the publisher. * D. Preserve all the copyright notices of the Document. * E. Add an appropriate copyright notice for your modifications adjacent to the other copyright notices. * F.
Include, immediately after the copyright notices, a license notice giving the public permission to use the Modified Version under the terms of this License, in the form shown in the Addendum below. *
G. Preserve in that license notice the full lists of Invariant Sections and required Cover Texts given in the Document’s license notice. * H. Include an unaltered copy of this License. * I. Preserve the section
Entitled "History", Preserve its Title, and add to it an item stating at least the title, year, new authors, and publisher of the Modified Version as given on the Title Page. If there is no section Entitled "History" in the Document, create one stating the title, year, authors, and publisher of the Document as given on its Title Page, then add an item describing the Modified Version as stated in the previous sentence. * J. Preserve the network location, if any, given in the Document for public access to a Transparent copy of the Document, and likewise the network locations given in the Document for previous versions it was based on. These may be placed in the "History" section. You may omit a network location for a work that was published at least four years before the Document itself, or if the original publisher of the version it refers to gives permission.
* K. For any section Entitled "Acknowledgements" or "Dedications", Preserve the Title of the section, and preserve in the section all the substance and tone of each of the contributor acknowledgements and/or dedications given therein. * L. Preserve all the Invariant Sections of the Document, unaltered in their text and in their titles. Section numbers or the equivalent are not considered part of the section titles. * M. Delete any section Entitled "Endorsements". Such a section may not be included in the
Modified Version. * N. Do not retitle any existing section to be Entitled "Endorsements" or to conflict in title with any Invariant Section. * O. Preserve any Warranty Disclaimers.
If the Modified Version includes new front-matter sections or appendices that qualify as Secondary
Sections and contain no material copied from the
Document, you may at your option designate some or all of these sections as invariant. To do this, add their titles to the list of Invariant Sections in the
Modified Version’s license notice. These titles must be distinct from any other section titles.
You may add a section Entitled "Endorsements", provided it contains nothing but endorsements of your Modified Version by various parties—for example, statements of peer review or that the text has been approved by an organization as the authoritative definition of a standard.
You may add a passage of up to five words as a
Front-Cover Text, and a passage of up to 25 words as a Back-Cover Text, to the end of the list of Cover
Texts in the Modified Version. Only one passage of
Front-Cover Text and one of Back-Cover Text may be added by (or through arrangements made by) any one entity. If the Document already includes a cover text for the same cover, previously added by you or by arrangement made by the same entity you are acting on behalf of, you may not add an-

other; but you may replace the old one, on explicit permission from the previous publisher that added the old one.
The author(s) and publisher(s) of the Document do not by this License give permission to use their names for publicity for or to assert or imply endorsement of any Modified Version. 5. COMBINING DOCUMENTS
You may combine the Document with other documents released under this License, under the terms defined in section 4 above for modified versions, provided that you include in the combination all of the Invariant Sections of all of the original documents, unmodified, and list them all as Invariant
Sections of your combined work in its license notice, and that you preserve all their Warranty Disclaimers.
The combined work need only contain one copy of this License, and multiple identical Invariant Sections may be replaced with a single copy. If there are multiple Invariant Sections with the same name but different contents, make the title of each such section unique by adding at the end of it, in parentheses, the name of the original author or publisher of that section if known, or else a unique number.
Make the same adjustment to the section titles in the list of Invariant Sections in the license notice of the combined work.
In the combination, you must combine any sections
Entitled "History" in the various original documents, forming one section Entitled "History"; likewise combine any sections Entitled "Acknowledgements", and any sections Entitled "Dedications".
You must delete all sections Entitled "Endorsements". 6. COLLECTIONS OF DOCUMENTS
You may make a collection consisting of the Document and other documents released under this License, and replace the individual copies of this License in the various documents with a single copy that is included in the collection, provided that you follow the rules of this License for verbatim copying of each of the documents in all other respects.
You may extract a single document from such a collection, and distribute it individually under this License, provided you insert a copy of this License into the extracted document, and follow this License in all other respects regarding verbatim copying of that document. 7. AGGREGATION WITH
INDEPENDENT WORKS
A compilation of the Document or its derivatives with other separate and independent documents or works, in or on a volume of a storage or distribution medium, is called an "aggregate" if the copyright resulting from the compilation is not used to limit the legal rights of the compilation’s users beyond what the individual works permit. When the Document is included in an aggregate, this License does not apply to the other works in the aggregate which are not themselves derivative works of the Document.
If the Cover Text requirement of section 3 is applicable to these copies of the Document, then if the
Document is less than one half of the entire aggregate, the Document’s Cover Texts may be placed on covers that bracket the Document within the aggregate, or the electronic equivalent of covers if the Document is in electronic form. Otherwise they must appear on printed covers that bracket the whole aggregate. 8. TRANSLATION

Translation is considered a kind of modification, so you may distribute translations of the Document under the terms of section 4. Replacing Invariant
Sections with translations requires special permission from their copyright holders, but you may include translations of some or all Invariant Sections in addition to the original versions of these Invariant Sections. You may include a translation of this
License, and all the license notices in the Document, and any Warranty Disclaimers, provided that you also include the original English version of this License and the original versions of those notices and disclaimers. In case of a disagreement between the translation and the original version of this License or a notice or disclaimer, the original version will prevail. If a section in the Document is Entitled "Acknowledgements", "Dedications", or "History", the requirement (section 4) to Preserve its Title (section
1) will typically require changing the actual title.
9. TERMINATION
You may not copy, modify, sublicense, or distribute the Document except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense, or distribute it is void, and will automatically terminate your rights under this License.
However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice. Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License.
If your rights have been terminated and not permanently reinstated, receipt of a copy of some or all of the same material does not give you any rights to use it. 10. FUTURE REVISIONS OF THIS LICENSE
The Free Software Foundation may publish new, revised versions of the GNU Free Documentation License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
See http://www.gnu.org/copyleft/.
Each version of the License is given a distinguishing version number. If the Document specifies that a particular numbered version of this License "or any later version" applies to it, you have the option of following the terms and conditions either of that specified version or of any later version that has been published (not as a draft) by the Free Software Foundation. If the Document does not specify a version number of this License, you may choose any version ever published (not as a draft) by the
Free Software Foundation. If the Document specifies that a proxy can decide which future versions of

this License can be used, that proxy’s public statement of acceptance of a version permanently authorizes you to choose that version for the Document.
11. RELICENSING
"Massive Multiauthor Collaboration Site" (or
"MMC Site") means any World Wide Web server that publishes copyrightable works and also provides prominent facilities for anybody to edit those works. A public wiki that anybody can edit is an example of such a server. A "Massive Multiauthor Collaboration" (or "MMC") contained in the site means any set of copyrightable works thus published on the MMC site.
"CC-BY-SA"
means the Creative
Commons
Attribution-Share Alike 3.0 license published by
Creative Commons Corporation, a not-for-profit corporation with a principal place of business in
San Francisco, California, as well as future copyleft versions of that license published by that same organization. "Incorporate" means to publish or republish a Document, in whole or in part, as part of another Document.
An MMC is "eligible for relicensing" if it is licensed under this License, and if all works that were first published under this License somewhere other than this MMC, and subsequently incorporated in whole or in part into the MMC, (1) had no cover texts or invariant sections, and (2) were thus incorporated prior to November 1, 2008.
The operator of an MMC Site may republish an
MMC contained in the site under CC-BY-SA on the same site at any time before August 1, 2009, provided the MMC is eligible for relicensing. ADDENDUM: How to use this License for your documents
To use this License in a document you have written, include a copy of the License in the document and put the following copyright and license notices just after the title page:
Copyright (C) YEAR YOUR NAME. Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.3 or any later version published by the Free Software Foundation; with no
Invariant Sections, no Front-Cover Texts, and no
Back-Cover Texts. A copy of the license is included in the section entitled "GNU Free Documentation
License".
If you have Invariant Sections, Front-Cover Texts and Back-Cover Texts, replace the "with . . .
Texts." line with this: with the Invariant Sections being LIST THEIR TITLES, with the Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST.
If you have Invariant Sections without Cover Texts, or some other combination of the three, merge those two alternatives to suit the situation.
If your document contains nontrivial examples of program code, we recommend releasing these examples in parallel under your choice of free software license, such as the GNU General Public License, to permit their use in free software.

46.3 GNU Lesser General Public License
GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007
Copyright © 2007 Free Software Foundation, Inc.

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below.
0. Additional Definitions.
As used herein, “this License” refers to version 3 of the GNU Lesser General Public License, and the
“GNU GPL” refers to version 3 of the GNU General
Public License.
“The Library” refers to a covered work governed by this License, other than an Application or a Combined Work as defined below.
An “Application” is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library.
A “Combined Work” is a work produced by combining or linking an Application with the Library.
The particular version of the Library with which the Combined Work was made is also called the
“Linked Version”.
The “Minimal Corresponding Source” for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version.

The “Corresponding Application Code” for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the
System Libraries of the Combined Work. 1. Exception to Section 3 of the GNU GPL.
You may convey a covered work under sections 3 and 4 of this License without being bound by section 3 of the GNU GPL. 2. Conveying Modified
Versions.
If you modify a copy of the Library, and, in your modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version:
* a) under this License, provided that you make a good faith effort to ensure that, in the event an Application does not supply the function or data, the facility still operates, and performs whatever part of its purpose remains meaningful, or * b) under the GNU GPL, with none of the additional permissions of this License applicable to that copy.
3. Object Code Incorporating Material from Library Header Files.
The object code form of an Application may incorporate material from a header file that is part of the Library. You may convey such object code under terms of your choice, provided that, if the incorporated material is not limited to numerical parameters, data structure layouts and accessors, or small macros, inline functions and templates (ten or fewer lines in length), you do both of the following:
* a) Give prominent notice with each copy of the object code that the Library is used in it and that the Library and its use are covered by this License.
* b) Accompany the object code with a copy of the
GNU GPL and this license document.

4. Combined Works.
You may convey a Combined Work under terms of your choice that, taken together, effectively do not restrict modification of the portions of the Library contained in the Combined Work and reverse engineering for debugging such modifications, if you also do each of the following:
* a) Give prominent notice with each copy of the
Combined Work that the Library is used in it and that the Library and its use are covered by this License. * b) Accompany the Combined Work with a copy of the GNU GPL and this license document. *
c) For a Combined Work that displays copyright notices during execution, include the copyright notice for the Library among these notices, as well as a reference directing the user to the copies of the GNU
GPL and this license document. * d) Do one of the following: o 0) Convey the Minimal Corresponding
Source under the terms of this License, and the Corresponding Application Code in a form suitable for, and under terms that permit, the user to recombine or relink the Application with a modified version of the Linked Version to produce a modified Combined Work, in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source. o 1) Use a suitable shared library mechanism for linking with the Library. A suitable mechanism is one that (a) uses at run time a copy of the Library already present on the user’s computer system, and (b) will operate properly with a modified version of the Library that is interface-compatible with the Linked Version. * e) Provide Installation
Information, but only if you would otherwise be required to provide such information under section 6 of the GNU GPL, and only to the extent that such information is necessary to install and execute a modified version of the Combined Work produced by recombining or relinking the Application with a modified version of the Linked Version. (If you use option 4d0, the Installation Information must accompany the Minimal Corresponding Source and
Corresponding Application Code. If you use option
4d1, you must provide the Installation Information in the manner specified by section 6 of the GNU
GPL for conveying Corresponding Source.)

5. Combined Libraries.
You may place library facilities that are a work based on the Library side by side in a single library together with other library facilities that are not
Applications and are not covered by this License, and convey such a combined library under terms of your choice, if you do both of the following:
* a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities, conveyed under the terms of this License. * b) Give prominent notice with the combined library that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work.
6. Revised Versions of the GNU Lesser General
Public License.
The Free Software Foundation may publish revised and/or new versions of the GNU Lesser General
Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Library as you received it specifies that a certain numbered version of the GNU Lesser General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that published version or of any later version published by the Free Software Foundation. If the Library as you received it does not specify a version number of the GNU Lesser General Public License, you may choose any version of the GNU Lesser General Public License ever published by the Free Software Foundation.
If the Library as you received it specifies that a proxy can decide whether future versions of the
GNU Lesser General Public License shall apply, that proxy’s public statement of acceptance of any version is permanent authorization for you to choose that version for the Library.

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