U.S. Constitution For Dummies

U.S. Constitution For Dummies

Arnheim, Michael

John Wiley & Sons Inc

07/2018

448

Mole

Inglês

9781119387299

15 a 20 dias

Descrição não disponível.
Introduction 1 About This Book 1 Conventions Used in This Book 2 Icons Used in This Book 2 Beyond the Book 3 Where to Go from Here 3 Part 1: Getting Started with the U.S. Constitution 5 Chapter 1: Identifying the Main Principles and Controversies of the Constitution 7 Defining "Constitution" 8 Knowing When and Why the Constitution Was Created 8 Summarizing the Main Principles of the Constitution 10 Identifying Some Areas of Controversy 13 Chapter 2: Probing Underlying Concepts: Big Thinkers, Big Thoughts 17 Building on Magna Carta 18 Respecting the Rule of Law (or the Rule of Lawyers?) 20 Analyzing the Concepts Underlying the Declaration of Independence 21 Invoking the law of nature 24 Securing "unalienable Rights" 24 "Deriving their just powers from the consent of the governed" 26 Establishing a Republic 27 Getting rid of the king 28 Leaving democracy out of the US Constitution 28 Chapter 3: Untangling Some Confusion and Ambiguities 31 Listing Some Sources of Confusion 32 Discarding Out-of-Date Ideas? 33 Clarifying Uncertainties 35 Giving Some Important Principles the Silent Treatment 35 Interpreting the Constitution 38 Changing the Constitution 38 Identifying methods of interpretation 39 Chapter 4: Catching a Bird's-Eye View of the Constitution 43 Presenting the Preamble: "We the People " 44 Article I: Setting Up the Congress 45 Magnifying the commerce power 45 (Mis)interpreting the "necessary and proper" clause 46 Article II: Hailing the Chief 46 Listing presidential powers and duties 48 Identifying the real issues 48 Article III: Understating Judicial Power 49 Article IV: Getting Along with the Neighbors - and Uncle Sam 50 Article V: Changing versus Amending the Constitution 51 Article VI: Fudging Federalism 52 Article VII: Ratifying the Constitution 52 Chapter 5: Changing the Constitution by Amendment and Interpretation 53 Noting the Four Paths to an Amendment 54 Explaining What Happens in Practice 55 Listing the Amendments 58 Debating the Need for Judge-Made Law 59 Dissenting views to restricting change 59 Maintaining proper amendment procedure 60 Sampling judge-made amendments 61 Part 2: We The People: How the United States is Governed 65 Chapter 6: Scrutinizing Sovereignty: Who Rules America? 67 Introducing "We the People" 68 Ordaining and establishing a Constitution 68 Resolving to preserve democracy 69 Defining democracy 71 Testing for democracy today 72 Hailing the Chief 73 Congress: Flexing Its Lawmaking Muscle 74 Giving the States Their Due 75 The High Court: Saying What the Law Is 76 Uncovering Conspiracies 77 Chapter 7: Defining Federalism 79 Tracing the Origins of US Federalism 79 Analyzing the founding documents 80 Forming "a more perfect Union" 81 Defining sovereignty 82 Can a state secede from the union? 83 Testing State Sovereignty: Some Recent Supreme Court Decisions 84 Foreign Affairs: Looking at the Influence of Treaties 88 Chapter 8: Separation of Powers: Checking and Balancing 89 No Moonlighting for the President 90 Keeping the Branches Apart 92 Membership 93 Functions 94 Checking and Balancing 97 Keeping each branch in line 97 Considering the judiciary's special position 99 Pondering the legality of executive orders 101 Examples of executive orders 101 Reviewing administrative regulations 103 Trumping the President 103 Chapter 9: Doing Business: The Commerce Clause 107 How the Commerce Clause Was Born 108 Interpreting the Commerce Clause 108 Hunting Down the Dormant Commerce Clause 109 Looking at double taxation and the Dormant Commerce Clause 109 Passing judgment 110 Tracing the Changing Meaning of the Commerce Clause 111 Protecting freedom of contract 112 Introducing the Four Horsemen and the Three Musketeers 112 Signaling the feds' control of the economy 113 Using the Commerce Clause to advance civil rights 114 Turning back the federal tide? 115 "Appropriating state police powers under the guise of regulating commerce" 115 Taking a step backward 115 Missing an opportunity? 116 Part 3: Assessing the Three Engines of Government: The President, Congress, and the Judiciary 117 Chapter 10: Examining the Role of the President 119 Being "eligible to the Office of President" 119 Interpreting "natural born Citizen" 120 Looking at the two-term rule 122 Picking a President 123 Examining the modern electoral system 124 Exploding some myths about the Electoral College 125 Canning the President 128 Signing, Vetoing, and Pocketing Legislation 129 Appointing Key Positions 130 Hailing the Chief: The President's Administration 131 Uncovering the secrets of Cabinet secretaries 132 Unmasking the imperial presidency 133 Unlocking the Executive Office of the President 134 Selling the President's legislative program 135 Battling Executive Privilege 137 Making War versus Declaring War 138 Controlling the President through the War Powers Act of 1973 140 Preventing presidential precedents? 141 Chapter 11: Giving Everyone a Voice: The House of Representatives and the Senate 143 Making the Laws That Govern the Land 144 One function, two houses 144 Keeping the President in the loop 145 Visiting the People's House 146 Representing the US population 146 Respecting the power of the Speaker 146 Controlling the nation's purse strings 151 Deciding disputed presidential elections 152 Impeaching the President and other civil officers 153 Declaring war 153 Getting to Know the Senate 154 Electing a senator 155 Presiding over the Senate 156 Advising and consenting 157 Passing Legislation 157 Tracking a bill's progress 158 Examining congressional committees 160 Chapter 12: "Saying What the Law Is": The Judicial System 163 Examining the Courts' Function 164 Defining jurisdiction 164 Applying the law 165 Appointments and Elections: Becoming a Judge 165 Judging the election process 166 Considering whether elections taint the judiciary 167 Understanding Judicial Independence without Accountability 168 Bypassing term limits and salary concerns 169 Grappling with issues the Constitution doesn't address 170 Making the Judiciary Paramount: Judicial Review 171 Understanding the nature of judicial review 172 Tracing the origins of judicial review 173 Noting Jefferson's response to Marbury v Madison 174 Considering alternatives for solving constitutional conflicts 174 Watching the Supreme Court's power seep into politics 175 Casting the Swing Vote 176 Labeling Supreme Court Justices 178 Stare decisis/free exercise of power 178 Judicial activism/judicial restraint 179 Chapter 13: You're Fired! Investigating the Impeachment Process 181 There's Nothing Peachy about Impeachment 182 "High Crimes and Misdemeanors": What Impeachment Is and Isn't 182 Defining impeachment 183 Can you be impeached for something that isn't a crime at all? 183 Explaining the Impeachment Process 185 Playing grand jury and prosecutor: The role of the House 185 Trying the articles of impeachment: The role of the Senate 186 Understanding the Implications of Impeachment 187 Impeaching isn't the same as convicting 187 Keeping Congress out of the fray 187 Impeaching for poor private conduct 188 Ducking impeachment with a pardon? 189 Tracking Impeachment in Action 190 A look at Johnson, Nixon, and Clinton 190 Judging the judges 192 Removing State Officials from Office 192 Impeaching governors 193 Total recall, or terminating a governor 193 Part 4: Guaranteeing Important Rights: The Bill of Rights 195 Chapter 14: The First Amendment: Freedom of Religion, Speech, and Assembly 197 Considering the Amendment's Wording 198 Prohibiting Congress from taking away rights 198 Applying the amendment to the states 198 Separating Church and State 199 Assuring the Free Exercise of Religion 201 Looking at belief and practice 201 Adopting a strict scrutiny test 202 Guaranteeing Freedom of Expression 203 Denying protection to speech creating a "clear and present danger" 204 Allowing obscenity to be seen? 205 Using and abusing the right to freedom of the press 206 Letting money talk 207 Leaking Classified Information 208 Having Your Cake 209 Protecting the Right to Assemble and Petition 209 Chapter 15: The Second Amendment: Bearing Arms 211 Debating Interpretation: Individual versus State Rights 212 Breaking Down the Amendment's Clauses 213 Understanding the states' rights interpretation 214 Explaining "the right of the people" 216 Upholding Individual Rights: DC v Heller 217 Considering the Continuation of the Debate 219 Clarifying the results 220 Continuing debate 221 Chapter 16: The Third and Fourth Amendments: Protecting Citizens from Government Forces 223 Keeping the Feds Out of Your House 223 Keeping the Government Off Your Back 226 Prohibiting "unreasonable searches and seizures" 227 Excluding evidence 230 Rewriting the Fourth Amendment 233 Defining "probable cause" 235 Forbidding police fishing expeditions 236 Searching people or premises without a warrant? 237 Chapter 17: Taking the Fifth - and a Bit of the Fourteenth 239 Invoking the "Great Right" against Self-Incrimination 240 Peeking Behind the Closed Doors of the Grand Jury 241 Deciding whether to indict 242 Victimizing suspects or protecting victims? 243 Avoiding Double Jeopardy 244 Applying the principle 244 Allowing for an end to litigation 244 Jeopardizing "life or limb" 245 Agonizing over Due Process 246 Trying to define the term 246 Triggering due process 247 Wrestling with substantive due process 248 Opening Up the Incorporation Debate 251 Does the Bill of Rights apply to the states? 251 Watching selective incorporation in action 252 Taking Private Property 254 Recognizing eminent domain 254 Losing protection 255 Chapter 18: Regulating Crime and Punishment: The Sixth through Eighth Amendments 257 Outlining Defendants' Rights in Criminal Prosecutions: The Sixth Amendment 258 Having the same rights in a state and federal trial 259 How speedy is a speedy trial? 259 Appreciating the need for a public trial 260 Guaranteeing trial by jury 261 Being "informed of the nature and cause of the accusation" 263 Confronting adverse witnesses 263 Compelling witnesses to attend 264 Demanding the right to counsel 264 Guaranteeing Jury Trials in Civil Suits: The Seventh Amendment 265 Prohibiting "Cruel and Unusual Punishments": The Eighth Amendment 266 Banning excessive bail 267 Removing excessive fines 268 Barring "cruel and unusual punishments" 268 Debating the death penalty 271 Chapter 19: Analyzing an "Inkblot" and a "Truism": The Ninth and Tenth Amendments 275 Reading the Constitution: The Ninth Amendment 276 Considering the Tenth Amendment 279 Analyzing the wording 279 Balancing power between federal and state governments 280 Determining the limits of federal power 281 Puzzling over "prohibited" powers 282 Disentangling states' rights from individual rights 284 Giving the Tenth Amendment its due 286 Part 5: Addressing Liberties and Modifying the Government: More Amendments 287 Chapter 20: States' Rights, Elections, and Slavery: The Eleventh through Thirteenth Amendments 289 The Eleventh Amendment: Asserting State Sovereign Immunity? 290 Overruling the Supreme Court 290 Interpreting the Eleventh Amendment 290 Cleaning Up the Framers' Political Mess: The Twelfth Amendment 292 Electing the President: The original rules 292 Understanding politics 1796 style 293 Tying and vying with your running mate: The 1800 election 293 Preventing future chaos 294 Removing the Blot of Slavery: The Thirteenth Amendment 294 Tracking the debate on slavery 295 Sliding into secession 296 Considering the Corwin amendment 297 Graduating from emancipation to abolition 298 Introducing an entirely different thirteenth amendment 299 Chapter 21: The Fourteenth Amendment: Ensuring Equal Protection 303 Defining Citizenship 304 Understanding States' Obligations 306 Disentangling state citizenship 307 Analyzing "privileges or immunities" 307 Achieving "Equal Justice Under Law" - Or Not 309 Age discrimination 310 Capital punishment 310 Racial segregation 311 School busing 311 Affirmative action 312 Gerrymandering 314 Disqualifying Confederates from Office 316 Repudiating Confederate Debts 316 Empowering Congress 316 Chapter 22: Starts, Stops, and Clarifications: Amendments since 1870 319 Removing Race Qualifications for Voting: The Fifteenth Amendment 320 Letting Uncle Sam Raid Your Piggy Bank: The Sixteenth Amendment 322 Electing the Senate: The Seventeenth Amendment 322 Outlawing Liquor: The Eighteenth Amendment 324 Giving Women the Vote: The Nineteenth Amendment 324 Moving Out of the Horse and Buggy Age: The Twentieth Amendment 325 Repealing Prohibition: The Twenty-First Amendment 326 Taking George Washington's Lead: The Twenty-Second Amendment 327 Enfranchising the Nation's Capital: The Twenty-Third Amendment 328 Banning Tax Barriers to Voting: The Twenty-Fourth Amendment 330 Succeeding to the Presidency: The Twenty-Fifth Amendment 331 Succeeding as President or Acting President? 331 Replacing the Veep 332 Acting as President 333 Lowering the Voting Age: The Twenty-Sixth Amendment 333 Limiting Congressional Pay Raises: The Twenty-Seventh Amendment 334 Part 6: The Part of Tens 337 Chapter 23: Ten Landmark Constitutional Cases 339 Marbury v. Madison (1803) 339 Brown v. Board of Education (1954) 341 Grutter v. Bollinger and Gratz v Bollinger (2003) 342 Kelo v. City of New London (2005) 344 Clinton v. Jones (1997) 345 Roe v. Wade (1973) 345 Citizens United v. Federal Election Commission (FEC) (2010) 346 Obergefell v. Hodges (2015) 348 Glossip v. Gross (2015) 348 Riley v. California (2014) 350 Chapter 24: Ten Influential Supreme Court Justices 353 John Marshall 354 Oliver Wendell Holmes, Jr 355 Hugo Black 355 Earl Warren 356 Thurgood Marshall 357 John Paul Stevens 358 Sandra Day O'Connor 359 Antonin Scalia 360 Anthony Kennedy 361 John Roberts 362 Chapter 25: Two Sides of Five Constitutional Conundrums 365 Is the Constitution Outdated? 366 Should the Electoral College Be Abolished? 367 Does the US Supreme Court Have Too Much Power? 370 Is the United States a Democracy? 373 Does the President Have Too Much Power? 374 Appendix: Constitution of the United States of America 379 Index 403
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