| |
| |
| Preface to the Fifth Edition | |
| |
| |
| Acknowledgments | |
| |
| |
| |
| 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 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 | |
| |
| |
| |
| 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 | |
| |
| |
| 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 | |
| |
| |
| |
| 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 | |
| |
| |
| 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 | |
| |
| |
| |
| 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 | |
| |
| |
| References and Suggestions for Further Study | |
| |
| |
| |
| 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 | |
| |
| |
| References and Suggestions for Further Study | |
| |
| |
| |
| 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? | |
| |
| |
| 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 | |
| |
| |
| |
| 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 | |
| |
| |
| 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 | |
| |
| |
| |
| The Bill of Rights: Of Arms and Men-Amendments 2-3 | |
| |
| |
| The Right to Bear Arms | |
| |
| |
| The Prohibition against Quartering Troops | |
| |
| |
| References and Suggestions for Further Study | |
| |
| |
| |
| The Bill of Rights and the Rights of the Accused and the Convicted-Amendments 4-8 | |
| |
| |
| 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 | |
| |
| |
| |
| The Bell of Rights, the Rights of the States (Amendments 9-10), and Amendments 11 and 12 | |
| |
| |
| 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 | |
| |
| |
| |
| The Post-Civil War Amendments-Amendments 13-15 | |
| |
| |
| 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 | |
| |
| |
| |
| The Progressive Era Amendments-Amendments 16-19 | |
| |
| |
| 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 | |
| |
| |
| |
| The Recent Amendments-Amendments 20-27 | |
| |
| |
| 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 | |
| |
| |
| Locating Cases and Understanding Citations | |
| |
| |
| Briefing Cases | |
| |
| |
| Fifty Case Names and Decisions | |
| |
| |
| Glossary | |
| |
| |
| Highlights of Constitutional History | |
| |
| |
| U.S. Supreme Court Justices | |
| |
| |
| |
| The Constitution of the United States | |
| |
| |
| |
| The Declaration of Independence | |
| |
| |
| |
| The Articles of Confederation | |
| |
| |
| Index | |