A Companion to the United States Constitution and Its Amendments, 7th Edition

https://www.annarosamattei.com/?p=swzcx965 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 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