A Companion to the United States Constitution And Its Amendments

by Vile, John R.

• ISBN13: 9780275989576
• ISBN10: 0275989577
• Edition: 4th
• Format: Paperback
• Copyright: 2006-02-28
• Publisher: Praeger

Summary

Designed to help students understand the Constitution in all of its splendor and subtlety, this book introduces key events of the founding era, the Declaration of Independence, and the proceedings of the Constitutional Convention. The Constitution and its amendments are explored section by section, along with pertinent historical events, laws, and cases. Since the Third Edition was published in 2001, we have witnessed another presidential election, a second war with Iraq, significant Supreme Court cases on privacy, the death penalty, affirmative action, searches and seizures, and, perhaps most significantly, a series of developments related to America's response to the terrorist attacks of 9/11. This new edition encompasses all of these developments. 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 constitutional law, American politics, or American history. Those already familiar with constitutional issues will be able to make use of the book as a reference guide to landmarks in constitutional history and development. Each chapter concludes with a bibliography of key books and cases useful for further study. The book includes a glossary; the texts of the Declaration of Independence, Articles of Confederation, and the Constitution; and a section on how to locate cases and understand citations. Fifty leading cases are briefly described. Finally, the book includes two all-new sections, "Highlights in Constitutional History" and "U.S. Supreme Court Justices."

Table of Contents

Preface to Fourth Edition	xiii
Acknowledgments	xv
Chapter 1 The Background 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 Problems
Prelude to the Constitutional Convention
The Constitutional Convention
The Delegates
The Rules
The Virginia Plan
The New Jersey Plan
Prominent Convention Issues
Ratification of the Constitution
References and Suggestions for Further Study
Chapter 2 The Preamble and Article I: The Legislative Branch	23	(40)
America's Written Constitution
The Preamble
The Purposes of the Constitution
The Separation of Powers and the Structure of the Constitution
Bicameralism
The U.S. House of Representatives
Terms of Office and Qualifications
Representation and Taxation
The Three-Fifths Clause
Initial State Representation
House Vacancies, the Speaker, and Impeachment
The U.S. Senate
Representation, Voting, and Terms
Staggered Senate Terms and Vacancies
Qualifications
The Legislative Role of the Vice President
Other Senate Officers
Trials of Impeachment
Other Matters Involving Congressional Operations
Elections for Congress
Housekeeping Provisions
Congressional Compensation and Privilege
The Incompatibility Clause
Article I, Section 7 Procedures for Passing Laws
Revenue Bills
Procedures for Lawmaking and Presidential Vetoes
The Presentment Clause
Article I, Section 8—Powers Granted to Congress
Taxing, Spending, and Borrowing
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 Writ of Habeas Corpus
Bills of Attainder and Ex Post Facto Laws
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 Limits on the States
References and Suggestions for Further Study
Chapter 3 Article II: The Executive Branch	63	(22)
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	85	(16)
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
Judicial Powers
Statutory Interpretation and Judicial Review
Judicial Review in Practice
Protections
Trial by Jury
Treason
The Nature of Article III
References and Suggestions for Further Study
Chapter 5 Article IV: The Federal System	101	(10)
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	111	(12)
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 Convention Resolution
References and Suggestions for Further Study
Chapter 7 The Bill of Rights—The First Three Amendments	123	(28)
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
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
Libel
Commercial Speech
Campaign Contributions
Freedom of the Press and Prior Restraint
Other Issues
Assembly and Petition
The Right to Bear Arms
The Prohibition Against Quartering Troops
References and Suggestions for Further Study
Chapter 8 The Bill of Rights and the Rights of the Accused—Amendments 4-7	151	(16)
Unreasonable Searches and Seizures
Administrative Searches
The Exclusionary Rule
Indictment by Grand Jury
The Double Jeopardy Provision
Protection Against Self-Incrimination
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
References and Suggestions for Further Study
Chapter 9 The Bill of Rights and Contemporaneous Amendments—Amendments 8-12	167	(16)
The Eighth Amendment
Bail and Fines
Capital Punishment
Recidivism Laws
The Ninth Amendment and the Right to Privacy
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 10 The Post-Civil War Amendments Amendments 13-15	183	(20)
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 Post-War Amendments
References and Suggestions for Further Study
Chapter 11 The Progressive Era Amendments Amendments 16-19	203	(8)
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 12 The Recent Amendments—Amendments 20-27	211	(12)
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
Fifty Leading Cases	223	(8)
Locating Cases and Understanding Citations
Briefing Cases
Fifty Case Names and Decisions
Glossary	231	(22)
Highlights of Constitutional History	253	(12)
U.S. Supreme Court Justices	265	(4)
Appendices:
The Constitution of the United States	269	(22)
The Declaration of Independence	291	(6)
The Articles of Confederation	297	(10)
Index	307