A Companion to the United States Constitution and Its Amendments

A Companion to the United States Constitution and Its Amendments

by John R. Vile
     
 

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ISBN-10: 0275945111

ISBN-13: 9780275945114

Pub. Date: 01/28/1993

Publisher: Greenwood Publishing Group, Incorporated

Designed to help students understand the Constitution in all of its splendor and subtlety, The Fourth Edition is the first to be thoroughly revised in its entirety, rather than merely updated. The language has been made even more accessible, rendering this an ideal starting point for students, as well as new citizens, who are new to constitution law, American

Overview

Designed to help students understand the Constitution in all of its splendor and subtlety, The Fourth Edition is the first to be thoroughly revised in its entirety, rather than merely updated. The language has been made even more accessible, rendering this an ideal starting point for students, as well as new citizens, who are new to constitution law, American politics, or American History

The book includes two all-new sections, "Highlights in Constitutional History" and "U.S. Supreme Court Justice." .

Product Details

ISBN-13:
9780275945114
Publisher:
Greenwood Publishing Group, Incorporated
Publication date:
01/28/1993
Pages:
240

Table of Contents

Preface to the Fifth 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 the 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

References and Suggestions for Further Study

Chapter 2 Article I: The Legislative Branch 21

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

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 Emoluments 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 and 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

Titles of Nobility

Article I, Section 10- Limits on the States

Powers Reserved to the National Government

The Contract Clause

Other Economic Limits on the States

References and Suggestions for Further Study

Chapter 3 Article II: The Executive Branch 57

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

Interim Presidential Appointments

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

References and Suggestions for Further Study

Chapter 4 Article III: The Judicial Branch 77

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

References and Suggestions for Further Study

Chapter 5 Article IV: The Federal System 93

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

References and Suggestions for Further Study

Chapter 6 Articles V-VII: The Amending Provision and Miscellaneous Matters 103

Amending Procedures

The Most Common Route for Proposal and Ratification

The Unused Convention Mechanism

Rescissions and Time Limits

Is the Amending Process Exclusive?

Unamendable Provisions

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

References and Suggestions for Further Study

Chapter 7 The Bill of Rights-The First Amendment 113

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

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

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 and Prior Restraint

Other Issues

Assembly and Petition

References and Suggestions for Further Study

Chapter 8 The Bill of Rights: Of Arms and Men-Amendments 2-3 137

The Right to Bear Arms

The Prohibition against Quartering Troops

References and Suggestions for Further Study

Chapter 9 The Bill of Rights and the Rights of the Accused and the Convicted-Amendments 4-8 141

Searches and Seizures

An Amendment in Two Parts

The Reasonableness Requirement

Warrant Requirements

Administrative Searches

The Exclusionary Rule

Indictment by Grand Jury

The Double Jeopardy Provision

Protection against Self-incrimination

Real Evidence versus Testimonial Evidence

The Due Process Clause

The Takings Clause

Speedy and Public Trials

Right to a Petit Jury

The Rights of Notification, Confrontation, and Compulsory Process

The Right to Counsel

Petit Juries in Common Law Cases

The Eighth Amendment

Bail and Fines

Capital Punishment

Recidivism Laws and Proportionality Concerns

References and Suggestions for Further Study

Chapter 10 The Bell of Rights, the Rights of the States (Amendments 9-10), and Amendments 11 and 12 161

The Ninth Amendment and the Right to Privacy

Two Prominent Views of the Amendment

Birth Control and

Abortion

Other Privacy Issues

The Tenth Amendment and States' Rights

The Eleventh Amendment and Suits against the State

The Twelfth Amendment and the Electoral College

Postscript to the Election of 2000

References and Suggestions for Further Study

Chapter 11 The Post-Civil War Amendments-Amendments 13-15 175

Background

The Thirteenth Amendment and the End of Slavery

Citizenship Provisions of the Fourteenth Amendment

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

The Lesson of the Postwar Amendments

References and Suggestions for Further Study

Chapter 12 The Progressive Era Amendments-Amendments 16-19 195

The Sixteenth Amendment and the National Income Tax

The Seventeenth Amendment and the Election of U.S. Senators

The Eighteenth Amendment and the National Prohibition of Alcohol

The Nineteenth Amendment and Women's Suffrage

References and Suggestions for Further Study

Chapter 13 The Recent Amendments-Amendments 20-27 203

The Lame-Duck Amendment

Presidential Vacancies

The Repeal of National Alcohol Prohibition

A Limit on Presidential Terms of Office

Electoral Votes for the District of Columbia

The Prohibition of Poll Taxes

Vacancies and Disabilities

Vacancies in the Vice Presidency

Cases of Presidential Disability

Eighteen-Year-Olds and the Right to Vote

A Twenty-seventh Amendment?

Author's Postscript on the American Future

References and Suggestions for Further Study

Reading Supreme Court Decisions 215

Locating Cases and Understanding Citations

Briefing Cases

Fifty Case Names and Decisions

Glossary 223

Highlights of Constitutional History 241

U.S. Supreme Court Justices 253

Appendix 1 The Constitution of the United States 257

Appendix 2 The Declaration of Independence 275

Appendix 3 The Articles of Confederation 279

Index 289

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