A Companion to the United States Constitution and Its Amendments

Cover
Title Page
Copyright
Dedication
Contents
Preface to the Seventh Edition
Acknowledgments
Chapter 1. The 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 3. Article 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 4. Article 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 5. Article 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 6. Articles 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 7. The 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 8. The 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 9. The 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 10. The 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 11. The 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 12. The 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 13. The 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
	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
About the Author