A Companion to the United States Constitution and Its Amendments

by John R. Vile

Overview

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.

Product Details

ISBN-13:	9781440877940
Publisher:	Bloomsbury Academic
Publication date:	10/11/2021
Edition description:	7th Revised ed.
Pages:	376
Product dimensions:	6.40(w) x 9.50(h) x 1.10(d)

About the Author

John R. Vile is professor of political science and dean of the University Honors College at Middle Tennessee State University, Murfreesboro, TN, USA.

Table of Contents

Preface to the Seventh Edition xiii

Acknowledgments xv

Chapter 1 The Background and Purposes of the Constitution 1

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 23

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 3 Article II: The Executive Branch 65

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 4 Article III: The Judicial Branch 91

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 5 Article IV The Federal System 109

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 6 Articles V-VII: The Amending Provision and Miscellaneous Matters 121

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 7 The Bill of Rights-The First Amendment 133

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 8 The Bill of Rights: Of Arms and Men-Amendments 2-3 161

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 9 The Bill of Rights and the Rights of the Accused and the Convicted-Amendments 4-8 167

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 10 The Bill of Rights, the Rights of the States (Amendments 9-10), and Amendments 11 and 12 191

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 11 The Post-Civil War Amendments-Amendments 13-15 207

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 12 The Progressive Era Amendments-Amendments 16-19 229

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 13 The Recent Amendments-Amendments 20-27 237

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 253

Locating Cases and Understanding Citations

Briefing Cases

Fifty Case Names and Decisions

Glossary 261

Highlights of Constitutional History 279

U.S. Supreme Court Justices 293

Appendix 1 The Constitution of the United States 297

Appendix 2 The Declaration of Independence 315

Appendix 3 The Articles of Confederation 319

Index 327

Editorial Reviews

Explains and interprets the Declaration of Independence and the Constitution section by section, then examines the Bill of Rights and the amendments. An introductory chapter gives background on the writing of the Constitution and on documents that influenced the Constitution. Appendices present the text of the Constitution, the Declaration of Independence, and the Articles and Confederation. Includes a glossary and a description of 50 key Supreme Court decisions. Vile is professor and chair of Political Science at Middle Tennessee State University. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Booknews

Without being excessively lengthy, this text amply provides students a valuable line by line-by-line guide. The case references and bibliography are particularly useful.

Timothy Rawson

Well organized and reliable, it is the best introductory guide to the Constitution currently available. It can be used for senior and AP classes in high schools, as well as college level introductions to the Constitution or courses on US government. Highly recommended.

Choice Reviews

"Well organized and reliable, it is the best introductory guide to the Constitution currently available. It can be used for senior and AP classes in high schools, as well as college level introductions to the Constitution or courses on US government. Summing Up: Highly recommended. General readers and lower-division undergraduate students." - Choice

From the Publisher

Well organized and reliable, it is the best introductory guide to the Constitution currently available. It can be used for senior and AP classes in high schools, as well as college level introductions to the Constitution or courses on US government. Highly recommended.

Choice