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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The U.S. Constitution and its 27 amendments (including the Bill of Rights) is a living document, as evidenced by new laws and Supreme Court rulings that with each passing year change how the Constitution's guidelines are interpreted and implemented. A Companion to the United States Constitution and Its Amendments is designed to show students just how revolutionary the Constitution was-and how relevant it remains today. This seventh revised edition of the Companion begins by revisiting the key events leading to the Constitution's ratification, including the writing of the Declaration of…mehr
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The U.S. Constitution and its 27 amendments (including the Bill of Rights) is a living document, as evidenced by new laws and Supreme Court rulings that with each passing year change how the Constitution's guidelines are interpreted and implemented. A Companion to the United States Constitution and Its Amendments is designed to show students just how revolutionary the Constitution was-and how relevant it remains today. This seventh revised edition of the Companion begins by revisiting the key events leading to the Constitution's ratification, including the writing of the Declaration of Independence and the proceedings of the Constitutional Convention, then explores the document article by article, amendment by amendment, to help readers better understand how each section of the document shapes the world we live in today. In addition, the Companion illuminates how new laws, political debates, and Supreme Court decisions are continually reshaping our understanding of the Constitution and its role in American life and society-including such essential and foundational elements of democracy as voting; elections; the peaceful transfer of power; equality before the law; civil rights and liberties; and the duties, responsibilities, and obligations of the nation's three branches of government.
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Produktdetails
- Produktdetails
- Verlag: ABC-Clio, LLC
- Seitenzahl: 370
- Erscheinungstermin: 11. Oktober 2021
- Englisch
- Abmessung: 240mm x 161mm x 24mm
- Gewicht: 721g
- ISBN-13: 9781440877940
- ISBN-10: 1440877947
- Artikelnr.: 62756806
- Verlag: ABC-Clio, LLC
- Seitenzahl: 370
- Erscheinungstermin: 11. Oktober 2021
- Englisch
- Abmessung: 240mm x 161mm x 24mm
- Gewicht: 721g
- ISBN-13: 9781440877940
- ISBN-10: 1440877947
- Artikelnr.: 62756806
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