John Vile
A Companion to the United States Constitution and Its Amendments
John Vile
A Companion to the United States Constitution and Its Amendments
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Now in its sixth edition with coverage of major Supreme Court decisions through the end of the 2013-2014 term, this book remains a key source for students, professors, and citizens seeking balanced, up-to-date information on the Constitution, its amendments, and how they have been interpreted. A document that is well past two centuries old, the U.S. Constitution remains as relevant and important today as during the time of our country's founding. Now in its sixth edition, this single-volume work offers a fair, non-partisan treatment of one of the most important documents in American history.…mehr
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Now in its sixth edition with coverage of major Supreme Court decisions through the end of the 2013-2014 term, this book remains a key source for students, professors, and citizens seeking balanced, up-to-date information on the Constitution, its amendments, and how they have been interpreted. A document that is well past two centuries old, the U.S. Constitution remains as relevant and important today as during the time of our country's founding. Now in its sixth edition, this single-volume work offers a fair, non-partisan treatment of one of the most important documents in American history. The book begins with introductory background information on the U.S. Constitution and the Declaration of Independence and then presents a clause-by-clause explanation of the Constitution from the preamble through all of its amendments, addressing how each has been interpreted by the U.S. Supreme Court and other institutions throughout U.S. history. This fully updated edition of A Companion to the United States Constitution and Its Amendments incorporates numerous new developments in the four years since the previous edition, including the appointments of new Supreme Court justices, impactful cases involving First Amendment rights for students, the Affordable Care Act, National Security Agency (NSA) data gathering, voting rights, campaign finance law, DNA sampling, and the ongoing battle over gay rights. As with the previous editions, John R. Vile provides a balanced and thorough treatment that identifies key Supreme Court decisions and other interpretations of the document while abstaining from unnecessarily complex and confusing explanations.
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Produktdetails
- Produktdetails
- Verlag: Praeger
- Seitenzahl: 344
- Erscheinungstermin: 28. Februar 2017
- Englisch
- Abmessung: 234mm x 156mm x 19mm
- Gewicht: 524g
- ISBN-13: 9781440835605
- ISBN-10: 1440835608
- Artikelnr.: 41670656
- Verlag: Praeger
- Seitenzahl: 344
- Erscheinungstermin: 28. Februar 2017
- Englisch
- Abmessung: 234mm x 156mm x 19mm
- Gewicht: 524g
- ISBN-13: 9781440835605
- ISBN-10: 1440835608
- Artikelnr.: 41670656
John R. Vile
Preface to the Seventh Edition Acknowledgments Chapter 1The Background and
Purposes of the Constitution The Colonial Setting . The Declaration of
Independence . The Background of the Declaration . The Purpose of the
Document . The Idea of Equality of Human Rights . The Purpose of Government
. The Right of Revolution . Charges against the English King . Indictments
against the King and the Parliament . War Atrocities and Slavery .
Recapitulation of Earlier Petitions . Conclusion . The Articles of
Confederation . The Background . The Principles and Structures . The
Achievements and Problems . Prelude to the Constitutional Convention . The
Constitutional Convention . The Delegates . The Rules . The Virginia Plan .
The New Jersey Plan . Prominent Convention Issues and Compromises .
Ratification of the Constitution . The Preamble . The Purposes of the
Constitution . Summary . For Reflection and Discussion . References and
Suggestions for Further Study Chapter 2 Article I: The Legislative Branch
The Outline of the Constitution and Separation of Powers . The Priority of
the Legislative Branch . Bicameralism . The U.S. House of Representatives .
Terms of Office and Qualifications for Voters . Qualifications for the
House . Representation and Taxation . The Three-Fifths Clause . U.S. Census
. Initial State Representation . House Vacancies . The Speaker of the House
. The Power of Impeachment . The U.S. Senate . Representation, Voting, and
Terms . Staggered Senate Terms and Vacancies . Qualifications for the
Senate . The Legislative Role of the Vice President . Other Senate Officers
. Trials of Impeachment . The Consequences of Impeachment . Other Matters
Involving Congressional Operations . Elections for Congress . Housekeeping
Provisions . Congressional Compensation . Congressional Privilege . The
Ineligibility Clause . Article I, Section 7-Procedures for Passing Laws .
The Origination Clause . Procedures for Lawmaking and Presidential Vetoes .
The Presentment Clause . Article I, Section 8-Powers Granted to Congress .
The Power of the Purse . Power to Regulate Commerce . A Note on Native
Americans . Power over Naturalization . Power over Bankruptcies . Coining
Money and Establishing Uniform Standards . Establishing a Post Office and
Promoting Scientific Advances . Establishing Lower Courts . War Powers .
Calling the Militia . Governing the District of Columbia . Implied Powers .
Congressional Investigations . Article I, Section 9-Limits on Congressional
Powers . Slave Importation . The Suspension Clause and the Writ of Habeas
Corpus . Bills of Attainder and Ex Post Facto Laws . Economic Protections
for the States . The Appropriation of Money . Limits on Titles of Nobility
and Foreign Emoluments . Article I, Section 10-Limits on the States .
Powers Reserved to the National Government . The Contract Clause . Other
Economic Limits on the States . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 3Article II: The
Executive Branch A Single Executive . The Presidential Term . Presidential
Selection and the Electoral College . Presidential Qualifications . The
Vice President and Presidential Disability . The Presidential Salary . The
Presidential Oath . Presidential Duties . Commander in Chief . Getting
Advice from the Cabinet . Power to Pardon and Reprieve . Negotiation and
Ratification of Treaties . Presidential Appointment and Removal Powers .
Recess Appointments Clause . The State of the Union Address . Power to
Convene and Adjourn Congress . The President as Chief Diplomat . Power to
Execute the Laws and Executive Privilege . Commissioning of Military
Officers . Presidential Impeachment . Censure . Executive Orders and
Presidential Signing Statements . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 4Article III: The
Judicial Branch Organization and Guidelines . The U.S. Supreme Court and
Other Inferior Courts . Judicial Tenure . Judicial Qualifications .
Judicial Compensation . The Number of Justices . Supreme Court Decisions .
Jurisdiction . Cases Based on Subject Matter and Parties to the Suit .
Cases of Original and Appellate Jurisdiction . Limits on the Judicial
Branch . The Political Questions Doctrine . Judicial Powers . Statutory
Interpretation and Judicial Review . Marbury v. Madison . Judicial Review
in Practice . The Exceptions Clause . Protections . Trial by Jury . Treason
. The Nature of Article III . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 5Article IV: The
Federal System Three Forms of Government . Layer Cake or Marble Cake? .
Obligations of States to One Another . The Full Faith and Credit Clause .
The Privileges and Immunities Clause . Extradition . The Fugitive Slave
Clause . The Admission of New States . Governing the Territories .
Obligations of the Nation to the States . The Guarantee Clause . Rejected
Doctrines of Federalism . Interposition . Nullification . Secession . The
Status of Local Governments . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 6Articles V-VII: The
Amending Provision and Miscellaneous Matters Amending Procedures . The Most
Common Route for Proposal and Ratification . The Unused Convention
Mechanism . Rescissions and Time Limits . Is the Amending Process
Exclusive? . Entrenchment Clauses . The History of Amendments in the United
States . Article VI . The Continuing Validity of Debts . The Supremacy
Clause . Oaths of Office and Prohibition of Religious Tests . Article VII .
Ratification of the Constitution . The Attestation Clause . Summary . For
Reflection and Discussion . References and Suggestions for Further Study
Chapter 7The Bill of Rights-The First Amendment Background . Application of
the Bill of Rights . The Bill of Rights: A Floor or a Ceiling? . The Idea
of Rights . The Placement of the First Amendment . The Establishment and
Free Exercise Clauses . References to God . The Three-Part Lemon Test and
the Wall of Separation . Application of the Establishment Clause to Schools
. In Other Contexts . The Free Exercise Clause and the Belief/Practice
Dichotomy . Application of the Free Exercise Clause . Freedom of Speech .
Justifications for Freedom of Speech . Tests for Subversive Speech .
Subsidiary Principles . Obscenity . Symbolic Speech . Fighting Words and
True Threats . Libel . Commercial Speech . Campaign Contributions . Freedom
of the Press . Prior Restraint . Other Press Issues . Additional First
Amendment Rights . Assembly, Association, and Petition . Summary . For
Reflection and Discussion . References and Suggestions for Further Study
Chapter 8The Bill of Rights: Of Arms and Men-Amendments 2-3 The Second
Amendment Right to Bear Arms . Rival Interpretations . Modern Militia
Groups . The Third Amendment . The Prohibition against Quartering Troops .
Summary . For Reflection and Discussion . References and Suggestions for
Further Study Chapter 9The Bill of Rights and the Rights of the Accused and
the Convicted-Amendments 4-8 The Fourth Amendment and Searches and Seizures
. An Amendment in Two Parts . The Reasonableness Requirement . Excessive
Use of Force . Warrant Requirements . Administrative Searches . The
Exclusionary Rule . The Fifth Amendment . Indictment by Grand Jury . The
Double Jeopardy Provision . Protection against Self-Incrimination .
Physical Evidence versus Testimonial Evidence . The Due Process Clause .
The Takings Clause . The Sixth Amendment . Speedy and Public Trials . Right
to a Petit Jury . The Rights of Notification, Confrontation, and Compulsory
Process . The Right to Counsel . The Seventh Amendment . Petit Juries in
Common-Law Cases . The Reexamination Clause . The Eighth Amendment . Bail
and Fines . Capital Punishment . Recidivism Laws and Proportionality
Concerns . Summary . For Reflection and Discussion . References and
Suggestions for Further Study Chapter 10The Bill of Rights, the Rights of
the States (Amendments 9-10), and Amendments 11 and 12 The Ninth Amendment
. Origins . Two Prominent Views of the Amendment . Birth Control and
Abortion . Other Privacy Issues . The Tenth Amendment . States' Rights .
The Eleventh Amendment . Suits against the States . The Twelfth Amendment .
The Electoral College . Nomination Processes . Postscript to the Elections
of 2000 and 2020 . Summary . For Reflection and Discussion . References and
Suggestions for Further Study Chapter 11The Post-Civil War
Amendments-Amendments 13-15 Background . The Thirteenth Amendment . The End
of Slavery . The Fourteenth Amendment . Citizenship Provisions . Three
Important Guarantees . Supreme Court Decisions Limiting the Impact of the
Fourteenth Amendment . Brown and the Rebirth of the Fourteenth Amendment .
School Busing and Affirmative Action Programs . Equal Protection and
Gender-Based Classifications . Equal Protection and Other Classifications .
Equal Protection and Legislative Apportionment . A Rebirth of the Due
Process Clause? . Reversing the Three-Fifths Clause . Restrictions on
Former Rebels . Valid and Invalid Public Debts . Enforcement of the
Fourteenth Amendment . The Fifteenth Amendment . Racially Discriminatory
Voting . The Lesson of the Postwar Amendments . Summary . For Reflection
and Discussion . References and Suggestions for Further Study Chapter 12The
Progressive Era Amendments-Amendments 16-19 The Sixteenth Amendment . The
National Income Tax . The Seventeenth Amendment . The Election of U.S.
Senators . The Eighteenth Amendment . The National Prohibition of Alcohol .
The Nineteenth Amendment . Women's Suffrage . Summary . For Reflection and
Discussion . References and Suggestions for Further Study Chapter 13The
Recent Amendments-Amendments 20-27 The Twentieth Amendment . Lame Ducks .
Presidential Vacancies . The Twenty-first Amendment . The Repeal of
National Alcohol Prohibition . The Twenty-second Amendment . A Limit on
Presidential Terms of Office . The Twenty-third Amendment . Electoral Votes
for the District of Columbia . The Twenty-fourth Amendment . The
Prohibition of Poll Taxes . The Twenty-fifth Amendment . Vacancies and
Disabilities . Vacancies in the Vice Presidency . Cases of Presidential
Disability . The Twenty-sixth Amendment . Eighteen-Year-Olds and the Right
to Vote . The Twenty-seventh Amendment . Congressional Pay Raises .
Author's Postscript on the American Future . Summary . For Reflection and
Discussion . References and Suggestions for Further Study Reading Supreme
Court Decisions Locating Cases and Understanding Citations . Briefing Cases
. Fifty Case Names and Decisions Glossary Highlights of Constitutional
History U.S. Supreme Court Justices Appendix 1: The Constitution of the
United States Appendix 2: The Declaration of Independence Appendix 3: The
Articles of Confederation Index
Purposes of the Constitution The Colonial Setting . The Declaration of
Independence . The Background of the Declaration . The Purpose of the
Document . The Idea of Equality of Human Rights . The Purpose of Government
. The Right of Revolution . Charges against the English King . Indictments
against the King and the Parliament . War Atrocities and Slavery .
Recapitulation of Earlier Petitions . Conclusion . The Articles of
Confederation . The Background . The Principles and Structures . The
Achievements and Problems . Prelude to the Constitutional Convention . The
Constitutional Convention . The Delegates . The Rules . The Virginia Plan .
The New Jersey Plan . Prominent Convention Issues and Compromises .
Ratification of the Constitution . The Preamble . The Purposes of the
Constitution . Summary . For Reflection and Discussion . References and
Suggestions for Further Study Chapter 2 Article I: The Legislative Branch
The Outline of the Constitution and Separation of Powers . The Priority of
the Legislative Branch . Bicameralism . The U.S. House of Representatives .
Terms of Office and Qualifications for Voters . Qualifications for the
House . Representation and Taxation . The Three-Fifths Clause . U.S. Census
. Initial State Representation . House Vacancies . The Speaker of the House
. The Power of Impeachment . The U.S. Senate . Representation, Voting, and
Terms . Staggered Senate Terms and Vacancies . Qualifications for the
Senate . The Legislative Role of the Vice President . Other Senate Officers
. Trials of Impeachment . The Consequences of Impeachment . Other Matters
Involving Congressional Operations . Elections for Congress . Housekeeping
Provisions . Congressional Compensation . Congressional Privilege . The
Ineligibility Clause . Article I, Section 7-Procedures for Passing Laws .
The Origination Clause . Procedures for Lawmaking and Presidential Vetoes .
The Presentment Clause . Article I, Section 8-Powers Granted to Congress .
The Power of the Purse . Power to Regulate Commerce . A Note on Native
Americans . Power over Naturalization . Power over Bankruptcies . Coining
Money and Establishing Uniform Standards . Establishing a Post Office and
Promoting Scientific Advances . Establishing Lower Courts . War Powers .
Calling the Militia . Governing the District of Columbia . Implied Powers .
Congressional Investigations . Article I, Section 9-Limits on Congressional
Powers . Slave Importation . The Suspension Clause and the Writ of Habeas
Corpus . Bills of Attainder and Ex Post Facto Laws . Economic Protections
for the States . The Appropriation of Money . Limits on Titles of Nobility
and Foreign Emoluments . Article I, Section 10-Limits on the States .
Powers Reserved to the National Government . The Contract Clause . Other
Economic Limits on the States . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 3Article II: The
Executive Branch A Single Executive . The Presidential Term . Presidential
Selection and the Electoral College . Presidential Qualifications . The
Vice President and Presidential Disability . The Presidential Salary . The
Presidential Oath . Presidential Duties . Commander in Chief . Getting
Advice from the Cabinet . Power to Pardon and Reprieve . Negotiation and
Ratification of Treaties . Presidential Appointment and Removal Powers .
Recess Appointments Clause . The State of the Union Address . Power to
Convene and Adjourn Congress . The President as Chief Diplomat . Power to
Execute the Laws and Executive Privilege . Commissioning of Military
Officers . Presidential Impeachment . Censure . Executive Orders and
Presidential Signing Statements . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 4Article III: The
Judicial Branch Organization and Guidelines . The U.S. Supreme Court and
Other Inferior Courts . Judicial Tenure . Judicial Qualifications .
Judicial Compensation . The Number of Justices . Supreme Court Decisions .
Jurisdiction . Cases Based on Subject Matter and Parties to the Suit .
Cases of Original and Appellate Jurisdiction . Limits on the Judicial
Branch . The Political Questions Doctrine . Judicial Powers . Statutory
Interpretation and Judicial Review . Marbury v. Madison . Judicial Review
in Practice . The Exceptions Clause . Protections . Trial by Jury . Treason
. The Nature of Article III . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 5Article IV: The
Federal System Three Forms of Government . Layer Cake or Marble Cake? .
Obligations of States to One Another . The Full Faith and Credit Clause .
The Privileges and Immunities Clause . Extradition . The Fugitive Slave
Clause . The Admission of New States . Governing the Territories .
Obligations of the Nation to the States . The Guarantee Clause . Rejected
Doctrines of Federalism . Interposition . Nullification . Secession . The
Status of Local Governments . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 6Articles V-VII: The
Amending Provision and Miscellaneous Matters Amending Procedures . The Most
Common Route for Proposal and Ratification . The Unused Convention
Mechanism . Rescissions and Time Limits . Is the Amending Process
Exclusive? . Entrenchment Clauses . The History of Amendments in the United
States . Article VI . The Continuing Validity of Debts . The Supremacy
Clause . Oaths of Office and Prohibition of Religious Tests . Article VII .
Ratification of the Constitution . The Attestation Clause . Summary . For
Reflection and Discussion . References and Suggestions for Further Study
Chapter 7The Bill of Rights-The First Amendment Background . Application of
the Bill of Rights . The Bill of Rights: A Floor or a Ceiling? . The Idea
of Rights . The Placement of the First Amendment . The Establishment and
Free Exercise Clauses . References to God . The Three-Part Lemon Test and
the Wall of Separation . Application of the Establishment Clause to Schools
. In Other Contexts . The Free Exercise Clause and the Belief/Practice
Dichotomy . Application of the Free Exercise Clause . Freedom of Speech .
Justifications for Freedom of Speech . Tests for Subversive Speech .
Subsidiary Principles . Obscenity . Symbolic Speech . Fighting Words and
True Threats . Libel . Commercial Speech . Campaign Contributions . Freedom
of the Press . Prior Restraint . Other Press Issues . Additional First
Amendment Rights . Assembly, Association, and Petition . Summary . For
Reflection and Discussion . References and Suggestions for Further Study
Chapter 8The Bill of Rights: Of Arms and Men-Amendments 2-3 The Second
Amendment Right to Bear Arms . Rival Interpretations . Modern Militia
Groups . The Third Amendment . The Prohibition against Quartering Troops .
Summary . For Reflection and Discussion . References and Suggestions for
Further Study Chapter 9The Bill of Rights and the Rights of the Accused and
the Convicted-Amendments 4-8 The Fourth Amendment and Searches and Seizures
. An Amendment in Two Parts . The Reasonableness Requirement . Excessive
Use of Force . Warrant Requirements . Administrative Searches . The
Exclusionary Rule . The Fifth Amendment . Indictment by Grand Jury . The
Double Jeopardy Provision . Protection against Self-Incrimination .
Physical Evidence versus Testimonial Evidence . The Due Process Clause .
The Takings Clause . The Sixth Amendment . Speedy and Public Trials . Right
to a Petit Jury . The Rights of Notification, Confrontation, and Compulsory
Process . The Right to Counsel . The Seventh Amendment . Petit Juries in
Common-Law Cases . The Reexamination Clause . The Eighth Amendment . Bail
and Fines . Capital Punishment . Recidivism Laws and Proportionality
Concerns . Summary . For Reflection and Discussion . References and
Suggestions for Further Study Chapter 10The Bill of Rights, the Rights of
the States (Amendments 9-10), and Amendments 11 and 12 The Ninth Amendment
. Origins . Two Prominent Views of the Amendment . Birth Control and
Abortion . Other Privacy Issues . The Tenth Amendment . States' Rights .
The Eleventh Amendment . Suits against the States . The Twelfth Amendment .
The Electoral College . Nomination Processes . Postscript to the Elections
of 2000 and 2020 . Summary . For Reflection and Discussion . References and
Suggestions for Further Study Chapter 11The Post-Civil War
Amendments-Amendments 13-15 Background . The Thirteenth Amendment . The End
of Slavery . The Fourteenth Amendment . Citizenship Provisions . Three
Important Guarantees . Supreme Court Decisions Limiting the Impact of the
Fourteenth Amendment . Brown and the Rebirth of the Fourteenth Amendment .
School Busing and Affirmative Action Programs . Equal Protection and
Gender-Based Classifications . Equal Protection and Other Classifications .
Equal Protection and Legislative Apportionment . A Rebirth of the Due
Process Clause? . Reversing the Three-Fifths Clause . Restrictions on
Former Rebels . Valid and Invalid Public Debts . Enforcement of the
Fourteenth Amendment . The Fifteenth Amendment . Racially Discriminatory
Voting . The Lesson of the Postwar Amendments . Summary . For Reflection
and Discussion . References and Suggestions for Further Study Chapter 12The
Progressive Era Amendments-Amendments 16-19 The Sixteenth Amendment . The
National Income Tax . The Seventeenth Amendment . The Election of U.S.
Senators . The Eighteenth Amendment . The National Prohibition of Alcohol .
The Nineteenth Amendment . Women's Suffrage . Summary . For Reflection and
Discussion . References and Suggestions for Further Study Chapter 13The
Recent Amendments-Amendments 20-27 The Twentieth Amendment . Lame Ducks .
Presidential Vacancies . The Twenty-first Amendment . The Repeal of
National Alcohol Prohibition . The Twenty-second Amendment . A Limit on
Presidential Terms of Office . The Twenty-third Amendment . Electoral Votes
for the District of Columbia . The Twenty-fourth Amendment . The
Prohibition of Poll Taxes . The Twenty-fifth Amendment . Vacancies and
Disabilities . Vacancies in the Vice Presidency . Cases of Presidential
Disability . The Twenty-sixth Amendment . Eighteen-Year-Olds and the Right
to Vote . The Twenty-seventh Amendment . Congressional Pay Raises .
Author's Postscript on the American Future . Summary . For Reflection and
Discussion . References and Suggestions for Further Study Reading Supreme
Court Decisions Locating Cases and Understanding Citations . Briefing Cases
. Fifty Case Names and Decisions Glossary Highlights of Constitutional
History U.S. Supreme Court Justices Appendix 1: The Constitution of the
United States Appendix 2: The Declaration of Independence Appendix 3: The
Articles of Confederation Index
Preface to the Seventh Edition Acknowledgments Chapter 1The Background and
Purposes of the Constitution The Colonial Setting . The Declaration of
Independence . The Background of the Declaration . The Purpose of the
Document . The Idea of Equality of Human Rights . The Purpose of Government
. The Right of Revolution . Charges against the English King . Indictments
against the King and the Parliament . War Atrocities and Slavery .
Recapitulation of Earlier Petitions . Conclusion . The Articles of
Confederation . The Background . The Principles and Structures . The
Achievements and Problems . Prelude to the Constitutional Convention . The
Constitutional Convention . The Delegates . The Rules . The Virginia Plan .
The New Jersey Plan . Prominent Convention Issues and Compromises .
Ratification of the Constitution . The Preamble . The Purposes of the
Constitution . Summary . For Reflection and Discussion . References and
Suggestions for Further Study Chapter 2 Article I: The Legislative Branch
The Outline of the Constitution and Separation of Powers . The Priority of
the Legislative Branch . Bicameralism . The U.S. House of Representatives .
Terms of Office and Qualifications for Voters . Qualifications for the
House . Representation and Taxation . The Three-Fifths Clause . U.S. Census
. Initial State Representation . House Vacancies . The Speaker of the House
. The Power of Impeachment . The U.S. Senate . Representation, Voting, and
Terms . Staggered Senate Terms and Vacancies . Qualifications for the
Senate . The Legislative Role of the Vice President . Other Senate Officers
. Trials of Impeachment . The Consequences of Impeachment . Other Matters
Involving Congressional Operations . Elections for Congress . Housekeeping
Provisions . Congressional Compensation . Congressional Privilege . The
Ineligibility Clause . Article I, Section 7-Procedures for Passing Laws .
The Origination Clause . Procedures for Lawmaking and Presidential Vetoes .
The Presentment Clause . Article I, Section 8-Powers Granted to Congress .
The Power of the Purse . Power to Regulate Commerce . A Note on Native
Americans . Power over Naturalization . Power over Bankruptcies . Coining
Money and Establishing Uniform Standards . Establishing a Post Office and
Promoting Scientific Advances . Establishing Lower Courts . War Powers .
Calling the Militia . Governing the District of Columbia . Implied Powers .
Congressional Investigations . Article I, Section 9-Limits on Congressional
Powers . Slave Importation . The Suspension Clause and the Writ of Habeas
Corpus . Bills of Attainder and Ex Post Facto Laws . Economic Protections
for the States . The Appropriation of Money . Limits on Titles of Nobility
and Foreign Emoluments . Article I, Section 10-Limits on the States .
Powers Reserved to the National Government . The Contract Clause . Other
Economic Limits on the States . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 3Article II: The
Executive Branch A Single Executive . The Presidential Term . Presidential
Selection and the Electoral College . Presidential Qualifications . The
Vice President and Presidential Disability . The Presidential Salary . The
Presidential Oath . Presidential Duties . Commander in Chief . Getting
Advice from the Cabinet . Power to Pardon and Reprieve . Negotiation and
Ratification of Treaties . Presidential Appointment and Removal Powers .
Recess Appointments Clause . The State of the Union Address . Power to
Convene and Adjourn Congress . The President as Chief Diplomat . Power to
Execute the Laws and Executive Privilege . Commissioning of Military
Officers . Presidential Impeachment . Censure . Executive Orders and
Presidential Signing Statements . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 4Article III: The
Judicial Branch Organization and Guidelines . The U.S. Supreme Court and
Other Inferior Courts . Judicial Tenure . Judicial Qualifications .
Judicial Compensation . The Number of Justices . Supreme Court Decisions .
Jurisdiction . Cases Based on Subject Matter and Parties to the Suit .
Cases of Original and Appellate Jurisdiction . Limits on the Judicial
Branch . The Political Questions Doctrine . Judicial Powers . Statutory
Interpretation and Judicial Review . Marbury v. Madison . Judicial Review
in Practice . The Exceptions Clause . Protections . Trial by Jury . Treason
. The Nature of Article III . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 5Article IV: The
Federal System Three Forms of Government . Layer Cake or Marble Cake? .
Obligations of States to One Another . The Full Faith and Credit Clause .
The Privileges and Immunities Clause . Extradition . The Fugitive Slave
Clause . The Admission of New States . Governing the Territories .
Obligations of the Nation to the States . The Guarantee Clause . Rejected
Doctrines of Federalism . Interposition . Nullification . Secession . The
Status of Local Governments . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 6Articles V-VII: The
Amending Provision and Miscellaneous Matters Amending Procedures . The Most
Common Route for Proposal and Ratification . The Unused Convention
Mechanism . Rescissions and Time Limits . Is the Amending Process
Exclusive? . Entrenchment Clauses . The History of Amendments in the United
States . Article VI . The Continuing Validity of Debts . The Supremacy
Clause . Oaths of Office and Prohibition of Religious Tests . Article VII .
Ratification of the Constitution . The Attestation Clause . Summary . For
Reflection and Discussion . References and Suggestions for Further Study
Chapter 7The Bill of Rights-The First Amendment Background . Application of
the Bill of Rights . The Bill of Rights: A Floor or a Ceiling? . The Idea
of Rights . The Placement of the First Amendment . The Establishment and
Free Exercise Clauses . References to God . The Three-Part Lemon Test and
the Wall of Separation . Application of the Establishment Clause to Schools
. In Other Contexts . The Free Exercise Clause and the Belief/Practice
Dichotomy . Application of the Free Exercise Clause . Freedom of Speech .
Justifications for Freedom of Speech . Tests for Subversive Speech .
Subsidiary Principles . Obscenity . Symbolic Speech . Fighting Words and
True Threats . Libel . Commercial Speech . Campaign Contributions . Freedom
of the Press . Prior Restraint . Other Press Issues . Additional First
Amendment Rights . Assembly, Association, and Petition . Summary . For
Reflection and Discussion . References and Suggestions for Further Study
Chapter 8The Bill of Rights: Of Arms and Men-Amendments 2-3 The Second
Amendment Right to Bear Arms . Rival Interpretations . Modern Militia
Groups . The Third Amendment . The Prohibition against Quartering Troops .
Summary . For Reflection and Discussion . References and Suggestions for
Further Study Chapter 9The Bill of Rights and the Rights of the Accused and
the Convicted-Amendments 4-8 The Fourth Amendment and Searches and Seizures
. An Amendment in Two Parts . The Reasonableness Requirement . Excessive
Use of Force . Warrant Requirements . Administrative Searches . The
Exclusionary Rule . The Fifth Amendment . Indictment by Grand Jury . The
Double Jeopardy Provision . Protection against Self-Incrimination .
Physical Evidence versus Testimonial Evidence . The Due Process Clause .
The Takings Clause . The Sixth Amendment . Speedy and Public Trials . Right
to a Petit Jury . The Rights of Notification, Confrontation, and Compulsory
Process . The Right to Counsel . The Seventh Amendment . Petit Juries in
Common-Law Cases . The Reexamination Clause . The Eighth Amendment . Bail
and Fines . Capital Punishment . Recidivism Laws and Proportionality
Concerns . Summary . For Reflection and Discussion . References and
Suggestions for Further Study Chapter 10The Bill of Rights, the Rights of
the States (Amendments 9-10), and Amendments 11 and 12 The Ninth Amendment
. Origins . Two Prominent Views of the Amendment . Birth Control and
Abortion . Other Privacy Issues . The Tenth Amendment . States' Rights .
The Eleventh Amendment . Suits against the States . The Twelfth Amendment .
The Electoral College . Nomination Processes . Postscript to the Elections
of 2000 and 2020 . Summary . For Reflection and Discussion . References and
Suggestions for Further Study Chapter 11The Post-Civil War
Amendments-Amendments 13-15 Background . The Thirteenth Amendment . The End
of Slavery . The Fourteenth Amendment . Citizenship Provisions . Three
Important Guarantees . Supreme Court Decisions Limiting the Impact of the
Fourteenth Amendment . Brown and the Rebirth of the Fourteenth Amendment .
School Busing and Affirmative Action Programs . Equal Protection and
Gender-Based Classifications . Equal Protection and Other Classifications .
Equal Protection and Legislative Apportionment . A Rebirth of the Due
Process Clause? . Reversing the Three-Fifths Clause . Restrictions on
Former Rebels . Valid and Invalid Public Debts . Enforcement of the
Fourteenth Amendment . The Fifteenth Amendment . Racially Discriminatory
Voting . The Lesson of the Postwar Amendments . Summary . For Reflection
and Discussion . References and Suggestions for Further Study Chapter 12The
Progressive Era Amendments-Amendments 16-19 The Sixteenth Amendment . The
National Income Tax . The Seventeenth Amendment . The Election of U.S.
Senators . The Eighteenth Amendment . The National Prohibition of Alcohol .
The Nineteenth Amendment . Women's Suffrage . Summary . For Reflection and
Discussion . References and Suggestions for Further Study Chapter 13The
Recent Amendments-Amendments 20-27 The Twentieth Amendment . Lame Ducks .
Presidential Vacancies . The Twenty-first Amendment . The Repeal of
National Alcohol Prohibition . The Twenty-second Amendment . A Limit on
Presidential Terms of Office . The Twenty-third Amendment . Electoral Votes
for the District of Columbia . The Twenty-fourth Amendment . The
Prohibition of Poll Taxes . The Twenty-fifth Amendment . Vacancies and
Disabilities . Vacancies in the Vice Presidency . Cases of Presidential
Disability . The Twenty-sixth Amendment . Eighteen-Year-Olds and the Right
to Vote . The Twenty-seventh Amendment . Congressional Pay Raises .
Author's Postscript on the American Future . Summary . For Reflection and
Discussion . References and Suggestions for Further Study Reading Supreme
Court Decisions Locating Cases and Understanding Citations . Briefing Cases
. Fifty Case Names and Decisions Glossary Highlights of Constitutional
History U.S. Supreme Court Justices Appendix 1: The Constitution of the
United States Appendix 2: The Declaration of Independence Appendix 3: The
Articles of Confederation Index
Purposes of the Constitution The Colonial Setting . The Declaration of
Independence . The Background of the Declaration . The Purpose of the
Document . The Idea of Equality of Human Rights . The Purpose of Government
. The Right of Revolution . Charges against the English King . Indictments
against the King and the Parliament . War Atrocities and Slavery .
Recapitulation of Earlier Petitions . Conclusion . The Articles of
Confederation . The Background . The Principles and Structures . The
Achievements and Problems . Prelude to the Constitutional Convention . The
Constitutional Convention . The Delegates . The Rules . The Virginia Plan .
The New Jersey Plan . Prominent Convention Issues and Compromises .
Ratification of the Constitution . The Preamble . The Purposes of the
Constitution . Summary . For Reflection and Discussion . References and
Suggestions for Further Study Chapter 2 Article I: The Legislative Branch
The Outline of the Constitution and Separation of Powers . The Priority of
the Legislative Branch . Bicameralism . The U.S. House of Representatives .
Terms of Office and Qualifications for Voters . Qualifications for the
House . Representation and Taxation . The Three-Fifths Clause . U.S. Census
. Initial State Representation . House Vacancies . The Speaker of the House
. The Power of Impeachment . The U.S. Senate . Representation, Voting, and
Terms . Staggered Senate Terms and Vacancies . Qualifications for the
Senate . The Legislative Role of the Vice President . Other Senate Officers
. Trials of Impeachment . The Consequences of Impeachment . Other Matters
Involving Congressional Operations . Elections for Congress . Housekeeping
Provisions . Congressional Compensation . Congressional Privilege . The
Ineligibility Clause . Article I, Section 7-Procedures for Passing Laws .
The Origination Clause . Procedures for Lawmaking and Presidential Vetoes .
The Presentment Clause . Article I, Section 8-Powers Granted to Congress .
The Power of the Purse . Power to Regulate Commerce . A Note on Native
Americans . Power over Naturalization . Power over Bankruptcies . Coining
Money and Establishing Uniform Standards . Establishing a Post Office and
Promoting Scientific Advances . Establishing Lower Courts . War Powers .
Calling the Militia . Governing the District of Columbia . Implied Powers .
Congressional Investigations . Article I, Section 9-Limits on Congressional
Powers . Slave Importation . The Suspension Clause and the Writ of Habeas
Corpus . Bills of Attainder and Ex Post Facto Laws . Economic Protections
for the States . The Appropriation of Money . Limits on Titles of Nobility
and Foreign Emoluments . Article I, Section 10-Limits on the States .
Powers Reserved to the National Government . The Contract Clause . Other
Economic Limits on the States . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 3Article II: The
Executive Branch A Single Executive . The Presidential Term . Presidential
Selection and the Electoral College . Presidential Qualifications . The
Vice President and Presidential Disability . The Presidential Salary . The
Presidential Oath . Presidential Duties . Commander in Chief . Getting
Advice from the Cabinet . Power to Pardon and Reprieve . Negotiation and
Ratification of Treaties . Presidential Appointment and Removal Powers .
Recess Appointments Clause . The State of the Union Address . Power to
Convene and Adjourn Congress . The President as Chief Diplomat . Power to
Execute the Laws and Executive Privilege . Commissioning of Military
Officers . Presidential Impeachment . Censure . Executive Orders and
Presidential Signing Statements . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 4Article III: The
Judicial Branch Organization and Guidelines . The U.S. Supreme Court and
Other Inferior Courts . Judicial Tenure . Judicial Qualifications .
Judicial Compensation . The Number of Justices . Supreme Court Decisions .
Jurisdiction . Cases Based on Subject Matter and Parties to the Suit .
Cases of Original and Appellate Jurisdiction . Limits on the Judicial
Branch . The Political Questions Doctrine . Judicial Powers . Statutory
Interpretation and Judicial Review . Marbury v. Madison . Judicial Review
in Practice . The Exceptions Clause . Protections . Trial by Jury . Treason
. The Nature of Article III . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 5Article IV: The
Federal System Three Forms of Government . Layer Cake or Marble Cake? .
Obligations of States to One Another . The Full Faith and Credit Clause .
The Privileges and Immunities Clause . Extradition . The Fugitive Slave
Clause . The Admission of New States . Governing the Territories .
Obligations of the Nation to the States . The Guarantee Clause . Rejected
Doctrines of Federalism . Interposition . Nullification . Secession . The
Status of Local Governments . Summary . For Reflection and Discussion .
References and Suggestions for Further Study Chapter 6Articles V-VII: The
Amending Provision and Miscellaneous Matters Amending Procedures . The Most
Common Route for Proposal and Ratification . The Unused Convention
Mechanism . Rescissions and Time Limits . Is the Amending Process
Exclusive? . Entrenchment Clauses . The History of Amendments in the United
States . Article VI . The Continuing Validity of Debts . The Supremacy
Clause . Oaths of Office and Prohibition of Religious Tests . Article VII .
Ratification of the Constitution . The Attestation Clause . Summary . For
Reflection and Discussion . References and Suggestions for Further Study
Chapter 7The Bill of Rights-The First Amendment Background . Application of
the Bill of Rights . The Bill of Rights: A Floor or a Ceiling? . The Idea
of Rights . The Placement of the First Amendment . The Establishment and
Free Exercise Clauses . References to God . The Three-Part Lemon Test and
the Wall of Separation . Application of the Establishment Clause to Schools
. In Other Contexts . The Free Exercise Clause and the Belief/Practice
Dichotomy . Application of the Free Exercise Clause . Freedom of Speech .
Justifications for Freedom of Speech . Tests for Subversive Speech .
Subsidiary Principles . Obscenity . Symbolic Speech . Fighting Words and
True Threats . Libel . Commercial Speech . Campaign Contributions . Freedom
of the Press . Prior Restraint . Other Press Issues . Additional First
Amendment Rights . Assembly, Association, and Petition . Summary . For
Reflection and Discussion . References and Suggestions for Further Study
Chapter 8The Bill of Rights: Of Arms and Men-Amendments 2-3 The Second
Amendment Right to Bear Arms . Rival Interpretations . Modern Militia
Groups . The Third Amendment . The Prohibition against Quartering Troops .
Summary . For Reflection and Discussion . References and Suggestions for
Further Study Chapter 9The Bill of Rights and the Rights of the Accused and
the Convicted-Amendments 4-8 The Fourth Amendment and Searches and Seizures
. An Amendment in Two Parts . The Reasonableness Requirement . Excessive
Use of Force . Warrant Requirements . Administrative Searches . The
Exclusionary Rule . The Fifth Amendment . Indictment by Grand Jury . The
Double Jeopardy Provision . Protection against Self-Incrimination .
Physical Evidence versus Testimonial Evidence . The Due Process Clause .
The Takings Clause . The Sixth Amendment . Speedy and Public Trials . Right
to a Petit Jury . The Rights of Notification, Confrontation, and Compulsory
Process . The Right to Counsel . The Seventh Amendment . Petit Juries in
Common-Law Cases . The Reexamination Clause . The Eighth Amendment . Bail
and Fines . Capital Punishment . Recidivism Laws and Proportionality
Concerns . Summary . For Reflection and Discussion . References and
Suggestions for Further Study Chapter 10The Bill of Rights, the Rights of
the States (Amendments 9-10), and Amendments 11 and 12 The Ninth Amendment
. Origins . Two Prominent Views of the Amendment . Birth Control and
Abortion . Other Privacy Issues . The Tenth Amendment . States' Rights .
The Eleventh Amendment . Suits against the States . The Twelfth Amendment .
The Electoral College . Nomination Processes . Postscript to the Elections
of 2000 and 2020 . Summary . For Reflection and Discussion . References and
Suggestions for Further Study Chapter 11The Post-Civil War
Amendments-Amendments 13-15 Background . The Thirteenth Amendment . The End
of Slavery . The Fourteenth Amendment . Citizenship Provisions . Three
Important Guarantees . Supreme Court Decisions Limiting the Impact of the
Fourteenth Amendment . Brown and the Rebirth of the Fourteenth Amendment .
School Busing and Affirmative Action Programs . Equal Protection and
Gender-Based Classifications . Equal Protection and Other Classifications .
Equal Protection and Legislative Apportionment . A Rebirth of the Due
Process Clause? . Reversing the Three-Fifths Clause . Restrictions on
Former Rebels . Valid and Invalid Public Debts . Enforcement of the
Fourteenth Amendment . The Fifteenth Amendment . Racially Discriminatory
Voting . The Lesson of the Postwar Amendments . Summary . For Reflection
and Discussion . References and Suggestions for Further Study Chapter 12The
Progressive Era Amendments-Amendments 16-19 The Sixteenth Amendment . The
National Income Tax . The Seventeenth Amendment . The Election of U.S.
Senators . The Eighteenth Amendment . The National Prohibition of Alcohol .
The Nineteenth Amendment . Women's Suffrage . Summary . For Reflection and
Discussion . References and Suggestions for Further Study Chapter 13The
Recent Amendments-Amendments 20-27 The Twentieth Amendment . Lame Ducks .
Presidential Vacancies . The Twenty-first Amendment . The Repeal of
National Alcohol Prohibition . The Twenty-second Amendment . A Limit on
Presidential Terms of Office . The Twenty-third Amendment . Electoral Votes
for the District of Columbia . The Twenty-fourth Amendment . The
Prohibition of Poll Taxes . The Twenty-fifth Amendment . Vacancies and
Disabilities . Vacancies in the Vice Presidency . Cases of Presidential
Disability . The Twenty-sixth Amendment . Eighteen-Year-Olds and the Right
to Vote . The Twenty-seventh Amendment . Congressional Pay Raises .
Author's Postscript on the American Future . Summary . For Reflection and
Discussion . References and Suggestions for Further Study Reading Supreme
Court Decisions Locating Cases and Understanding Citations . Briefing Cases
. Fifty Case Names and Decisions Glossary Highlights of Constitutional
History U.S. Supreme Court Justices Appendix 1: The Constitution of the
United States Appendix 2: The Declaration of Independence Appendix 3: The
Articles of Confederation Index