The Constitution Explained

David L. Hudson

Description

Written in plain English, an in-depth primer on the U.S. Constitution from a Constitutional law professor

A fascinating and insightful journey through the creation, ratification, and interpretation of the Constitution

Written for and aimed at general audiences

Wonderful for learning about American history

Ideal as a civics resource with its engaging information and fun facts

Logical organization makes finding information quick and easy

Clear and concise answers

Numerous black-and-white photographs

Thoroughly indexed

Glossary of terms and definitions

Authoritative resource

Written to appeal to anyone interested in civics, the American government, and history

Publicity and promotion aimed at the wide array of websites devoted to science, history, and education

Back-to-school promotion targeting more mainstream media and websites on a popular topic

Promotion targeting magazines and newspapers

Promotion targeting local radio looking for knowledgeable guests

The First Amendment

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceable to assemble and to petition the government for a redress of grievances.”

The First Amendment consists of the first 45 words of the Bill of Rights and consists of five freedoms: (1) religion, (2) speech, (3) press, (4) assembly and (5) petition. Additionally, the U.S. Supreme Court also ruled in NAACP v. Alabama (1958) that the First Amendment protects the related freedom of association.

The First Amendment serves as our blueprint for personal freedom. It ensures that we live in an open society. The First Amendment contains five freedoms: religion, speech, press, assembly and petition. Without the First Amendment, religious minorities could be persecuted, or the government could establish a single, national religion. The press could not criticize government and citizens could not mobilize for social change. This would mean we would lose our individual freedom.

Freedom of Religion

The first two clauses of the First Amendment — “respecting an establishment of religion or prohibiting the free exercise thereof” — are the religion clauses. The first is the Establishment Clause. The second is the Free Exercise Clause. Together, these clauses require that the government act in a neutral manner when it comes to religion.

The Establishment Clause provides that church and state remain separate to a certain degree. In a letter to the Danbury Baptists in 1802, President Thomas Jefferson used the phrase a “wall of separation between church and state.” The U.S. Supreme Court later used Jefferson’s “wall of separation” metaphor to describe the meaning of the Establishment Clause and rule that state-mandated prayer in public schools violated the Establishment Clause.

The concern over separation between church of state was significant to several of the Framers, notably James Madison and Thomas Jefferson. They and some others desired to place some distance between church and state to prevent American political leaders from acting like English monarchs who were intolerant of other religious views.

King Henry VIII of England was a prime example of what can happen when there is not a sufficient barrier between church and state. King Henry broke away from the Catholic Church in 1531 after the Pope refused to support his divorce from Catherine of Aragon. Henry established the Protestant Church of England. In 1534, the English Parliament passed the Act of Supremacy establishing Henry as the head of the Church of England. This was a disaster for religious freedom.

Later, Parliament passed the Treason Act, which effectively silenced anyone who spoke out against the King. The act was used to silence religious dissenters. Religious intolerance seemed to the standard in much of Europe, including England. Many people fled England to settle in America and the New World because of religious persecution. Religious dissenters in England were ostracized, punished and imprisoned.

Modern Establishment Clause jurisprudence began with the 1947 case Everson v. Board of Education (1947). It involved a New Jersey man Arch Everson challenged a policy that provided bus transportation for students attending both public and private, including parochial, schools. Everson believed that the state should not be providing any funding or reimbursements to families whose kids attended religious schools. To Everson, this amounted to the state supporting or establishing religion.

The Supreme Court ruled 5-4 in favor of the policy, noting that it applied to all schools, not just religious schools. But, even in his majority opinion, Justice Hugo Black took a broad view of what the Establishment Clause did. “The First Amendment has erected a wall between church and state,” Black wrote. “That wall must be kept high and impregnable. We could not approve the slightest breach. New Jersey has not breached it here.”

About the Author

Acknowledgments

Preface

Introduction

1. Overview, history, and contemporary relevance of the U.S. Constitution

2. Constitutional Law Toolkit, key terms and methods of interpretation

3. The Articles of Confederation

4. The Philadelphia Convention

5. The Ratification Process – Addition of the Bill of Rights

6. Article I and the Powers of Congress

7. Article II and the Powers of the Executive (Presidency)

8. Article III and the Powers of the Judiciary

9. Other Articles – Amending the Constitution

10. First Amendment Freedoms

11. Second Amendment and the Right to Bear Arms

12. Fourth Amendment

13. Fifth and Sixth Amendments

14. Eighth Amendment and the Death Penalty

15. Fourteenth Amendment: Equal Protection and Due Process

16. Nineteenth Amendment and Amendments Dealing with Voting

17. Amendments Dealing with Presidential Succession

18. Current Constitutional Controversies

Glossary of Terms

Further Reading

Index

Sujets

• Constitutions
• American Government
• Political Science
• Constitutional
• HISTORY
• The 48 Laws of Power
• Federal government of the United States
• Liste de constitutions nationales
• LAW
• United States
• National

Informations

• Publié par: Visible Ink Press
• Date de parution: 14 juin 2022
• Nombre de lectures: 0
• EAN13: 9781578597727
• Langue: English
• Poids de l'ouvrage: 22 Mo

Extrait

DEDICATION
To my father, David L. Hudson Sr.: profound thanks for your sacrifices, guidance, and love.
TABLE OF CONTENTS
Photo Sources
Acknowledgments
Introduction
Introduction to the Constitution
Preamble to the Contitution
Federalism
Separation of Powers
Interpreting the Constitution
From the Articles of Confederation to the Constitutional Convention
The Articles of Confederation
A Stronger National Government
The Philadelphia Convention and the New Constitution
The Plans of James Madison and His Fellow Virginians
Rules of the Convention
The Framers of the Constitution
Significan Issues Facing Framers
The Plans of Government
Virginia Plan/Randolph Plan
Pinckney Plan
Patterson or New Jersey Plan
Hamilton s Plan of Union
The Main Difference between the Two Major Plans
Creating a Congress
The Great Compromise
The Executive Branch-A Single Person or an Executive Committee
Federal vs. State Governments
Fear of Future States in the West
Finalizing the Constitution: The Work of Committees and Compromise
Committee of Style and Arrangment
Ratifying the Constitution and the Bill of Rights Issue
Signing the Constitution
Ratification in the States
The Lack of a Bill of Rights
Using the Bill of Rights to Save the Constitution
Article I-Congress
Vesting Clause
The Issue of Administrative Agencies
Membership, Election Terms, and Qualifications to Vote for the House
Qualificatios Clause for the House
The Senate
Rotational Elections
Role of the Vice President
President Pro Tempore
Impeachment Trials
Elections
Meet at Least once a Year
Each House and Its Members
Punish and Expel
Keeping a Journal
Both Houses Working Together
Compensation; Speech and Debate Clause
Emoluments and Incompatibility Clauses
Origination Clause
Presentment Clause
Presentment of Resolution Clause
Article I, Section 8
Article I, Section 9
Article I, Section 10
Article II-The Powers of the Presidency
The Vesting Clause
The Electoral College
More on the Electoral College
Qualifications for President
Removal of a President for a Disability
Compensation and Emoluments Clause
Commander-in-Chief Clause
Pardon Power
Treaty Power
Appointment Power
Recess Appointments
State of the Union Address
Convening Congress on Special Occasions
The Take Care Clause
Executive Orders
Executive Privilege
Impeachment
Article III and the U.S. Supreme Court
Section I
Marbury v. Madison and the Power of Judicial Review
Power of Judicial Review
Life Tenure
Original Jurisdiction
Impeachment
Supreme Court Opinions
Chief Justices
The Confirmation Controversy
Articles IV-VIII
Article IV: Full Faith and Credit Clause
Article V
Article VI
Article VII
The First Amendment
Freedom of Religion
Establishment Clause Tests
The Free Exercise Clause
Freedom of Speech
Early Free-Speech Battle
Development of First Amendment Law
Clear and Present Danger
Free Speech and the Jehovah s Witnesses Cases
Fundamental Free-Speech Principles
Freedom of the Press
Freedom of Assembly Petition
The Second Amendment
History of the Right to Keep and Bear Arms
Second Amendment Protects an Individual Right
Incorporating the Second Amendment
Second Amendment Litigation
The Fourth Amendment
What Is Reasonable and Unreasonable?
Border Searches
Community Caretaking
Technology and the Fourth Amendment
What Is aSeizure?
The Exclusionary Rule
Bivens Actions and Section 1983 Suits
Conclusion
The Fifth Amendment
Grand Jury
Double Jeopardy
Privilege against Self-Incrimination: The Miranda Warning
Due Process
Just Compensation
The Sixth Amendment
Speedy Trial
Public Trial
Impartial Jury
Confrontation Clause
Assistance of Counsel
Ineffective Assistance of Counsel
The Eighth Amendment
Excessive Bail
Excessive Fines
Cruel and Unusual Punishment
Evolving Standards of Decency
Death Penalty
Swift Legislative Action and a Supreme Reversal
Ineligible Defendants for the Death Penalty
Challenging the Methods of Execution
The Ninth and Tenth Amendments
The Ninth Amendment
The Tenth Amendment
The Fourteenth Amendment: The Second Bill of Rights
Section I
No Protections against Stat Governments
The Birth of the Fourteenth Amendment
Procedural Due Process
Substantive Due Process
Equal Protection
Brown v. Board of Education
Affirmative Action
Gender Discrimination
Conclusion
Miscellaneous Amendments
Thirteenth Amendment
Fifteenth Amendment
Eighteenth and Twenty-first Amendments
Nineteenth Amendment
Resolutions and the Declaration of Sentiments
Twenty-second Amendment
Twenty-fourth Amendment
Twenty-sixth Amendment
Twenty-seventh Amendment
Continuing Constitutional Controversies
Appendix: The United States Constitution
Further Reading
Index
PHOTO SOURCES
Architect of the Capitol (aoc.gov): p. 39 .
Arizona State Prison: p. 226 .
Tom Bell: p. 78 .
California Department of Corrections and Rehabilitiation: p. 252 .
Collection of the Supreme Court of the United States: pp. 72 , 110 , 158 , 191 , 217 , 305 .
Wes Colley: p. 96 .
Edmond J. Safra Center for Ethics: p. 228 .
Executive Office of the President of the United States: pp. 68 , 113 , 115 .
FDR Presidential Library Museum: p. 319 .
Gerald R. Ford Library Museum: p. 56 .
Harper s Weekly : p. 280 .
Harris Ewing: pp. 138 , 240 .
Harvard Art Museum: p. 33 .
Historical Society of the District of Columbia Circuit: p. 189 .
Jewish Museum of Maryland: p. 123 .
John F. Kennedy Presidential Library and Museum: p. 300 .
King of Hearts (Wikicommons): p. 297 .
Library of Congress: pp. 7 , 62 , 65 , 82 , 103 , 129 , 136 , 137 , 162 , 165 , 166 , 180 , 193 , 235 , 253 , 269 , 278 , 284 , 294 .
Library of Virginia: p. 121 .
Metropolitan Museum of Art: p. 21 (bottom).
National Archives and Records Administration: pp. 2 , 169 .
National Archives at College Park: p. 111 .
National Gallery of Art: p. 127 .
New York Public Library: p. 50 .
Office of the Vice President of the United States: p. 9 .
Ourdocuments.gov: p. 25 .
Joel Seidenstein: p. 173 .
Shutterstock: pp. 4 , 19 , 31 , 38 , 46 , 53 , 77 , 81 , 85 , 87 , 90 , 98 , 100 , 105 , 108 , 116 , 141 , 144 , 147 , 150 , 154 , 160 , 163 , 175 , 176 , 179 , 182 , 187 , 199 , 203 , 204 , 205 , 207 , 212 , 214 , 222 , 225 , 231 , 238 , 239 , 242 , 246 , 249 , 257 , 260 , 264 , 271 , 290 , 291 , 292 , 295 , 298 , 310 , 313 , 323 .
Tboyd5150 (Wikicommons): p. 316 .
U.S. Army Signal Corps: p. 130 .
U.S. Congress: pp. 44 , 59 .
U.S. Department of Justice: p. 73 .
U.S. Government Archives: p. 133 .
U.S. Navy: p. 83 .
The Well News: p. 274 .
The White House: pp. 27 , 30 .
White House Historical Association: p. 21 (top).
Wmpetro (Wikicommons): p. 14 .
Yale University Art Gallery: p. 23 (bottom).
Public domain: pp. 22 , 23 (top), 24 , 122 , 157 , 198 , 209 , 255 , 277 , 302 .
ACKNOWLEDGEMENTS
I would like to thank Roger J necke of Visible Ink Press for giving me the opportunity and platform to write this book. My association with Visible Ink Press has given me the chance to write about many subjects I love, and certainly none is more valuable than writing about the Constitution. I would also like to thank editor Kevin Hile, who improved the text with his incisive skill.
My love for the Constitution increased during my time working with the Center for Civic Education s We the People program-a program designed to increase constitutional literacy in elementary, middle, and high schools across the country. Many people I have met during my decades of work with We the People-too numerous to name, but a special few deserve recognition-are Janis Kyser (who started it all), Maria Gallo, Terry Morley, Roger Desrosiers, Sue Leeson, and Joe Stewart, all of whom helped me during my journey. A special thanks to my dear friend and mentor Lindsey Draper, a man of such genuine good will that it humbles me.
I would be remiss not to thank many of my colleagues during my more than 17 years at the First Amendment Center at Vanderbilt University. Founder John Seigenthaler Sr. was a mentor who guided me toward a deeper understanding of the Constitution and much more. I miss him daily. Thanks also to R. B. Quinn, Ken Paulson, the unforgettable Jeremy Leaming, the late Corey Q. Bradley (rest in peace), Tiffany Villager, Brian Buchanan, Tam Gordon, Anjanette Eash, Jimbo Eanes, Natilee Duning, and a most caring boss, Gene Policinski, another person of genuine good will.
In my career, I got to work for two judges: former trial court judge Marietta Shipley and Tennessee Supreme Court justice Sharon G. Lee. Judge Shipley gave me my first full-time job out of law school and tolerated many mistakes. Justice Lee, a beacon of justice and a jurist who cares for the underdogs, had a work ethic second to none. I admire her passion. I d also like to thank another jurist and close personal friend, Judge Mark J. Fishburn.
I have had the privilege of teaching at three laws schools: the Nashville School of Law, my alma mater Vanderbilt Law School, and Belmont Law School. Currently, I am a full-time professor at Belmont. I would like to thank Dean Alberto Gonzales for his leadership and support. All my colleagues at Belmont deserve mention, but I would like to single out three: Jeff Kinsler, Jeffrey Usman, and Charlie Trost. Jeff Kinsler is the founding dean of Belmont who first brought me on campus as an adjunct professor. Jeffrey Usman is a constitutional law genius but also a genuinely kind and gentle soul. Charlie Trost is a trusted friend and a person who helps others in need, including me.
I would like to thank my wife, Carla Hudson, for her unwavering love and support, and my parents, Carol and Dave Hudson, for educating me and guiding me along the way-stumbles and all. I would also like to thank scholar Ronald K. L. Collins, a true