Table of Contents
Part 1 Constitutional Basics 1
1 The Founding Fathers and a New Form of Government 3
The American Revolution 4
Taxation Without Representation 4
The Declaration of Independence 5
The Founding Fathers 7
Influential Women 7
A New Framework 8
The Articles of Confederation 9
Insufficient Powers 10
The Federalists 11
2 The Birth of the Constitution 15
The Constitutional Convention 16
Philadelphia, 1787 16
The Delegates 17
Political Thought and Government Theory 18
Society's Agreement 18
Back to the Magna Carta 19
Washington's Return 21
Contentious Issues 22
The Great Compromise 24
The Preamble 27
3 Ratification and the Bill of Rights 31
The Process of Ratification 32
Signing the Constitution 32
The States Vote 33
Ratification! 35
The Bill of Rights 36
Considering Slaves and Native Americans 36
Part 2 Balancing the Branches 39
4 Articles I Through III: Separation of Powers 41
Article I The Legislative Branch 42
Section 1 Congress 42
Section 2 The House of Representatives 42
Section 3 The Senate 44
Section 4 Elections and Sessions 46
Section 5 Housekeeping 46
Section 6 Pay and Privileges 47
Section 7 Legislation 48
Section 8 Enumerated Powers 50
Section 9 Restrictions on Congress 54
Section 10 Restrictions on the States 56
Article II The Executive Branch 56
Section 1 President and Vice President 57
Section 2 Presidential Powers 60
Section 3 Executive Responsibility 61
Section 4 Impeachment. 62
Article III The Judicial Branch 62
Section 1 Federal Courts 62
Section 2 Jurisdiction and Judicial Review 63
Section 3 Troacon 65
5 Articles IV Through VII: Making the Federal System Work 67
Article IV Full Faith and Credit 68
Section 1 Full Faith and Credit 68
Section 2 Privilege and Immunities 69
Section 3 The Equal Footing Clause 70
Section 4 The Guarantee Clause 71
Article V Amending the Constitution 72
Article VI The Supreme Law of the Land 73
Article VII Ratification 74
Part 3 Your Basic Rights 77
6 The First Amendment: Freedom of Expression 79
The First Amendment 80
Freedom of Religion 81
Religious Practices 82
Evolution 84
Parochial Schools 84
School Prayer 85
Religious Displays 86
Freedom of Speech 87
Political Speech 87
Clear and Present Danger 88
Fighting Words 89
Corporations as People 91
Obscenity 92
Freedom of the Press 94
Censorship 94
Libel t 96
Freedom of Assembly 97
Freedom to Petition 99
7 The Second and Third Amendments: Arms and Armies 101
Second Amendment: The Right to Rear Arms 102
The Militia Clause 103
Evolving Law on Guns 104
The Third Amendment: Quartering Troops 106
8 The Fourth Amendment: Unreasonable Searches and Seizures 109
The Fourth Amendment Foundations 110
English History 110
Early America 111
Searches and Seizures 112
The Exclusionary Rule 114
Fruit of the Poisonous Tree 114
The Legal Technicality 115
Privacy 116
Consent 119
Good Faith 120
Stop and Frisk 121
To Knock or Not 123
9 The Fifth Amendment: Due Process 127
The Fifth Amendment 128
Grand Jury Indictments 128
Double Jeopardy 131
Self-incrimination 134
Confessions 134
Taking the Fifth 135
Immunity 137
The Miranda Warning 137
Due Process of Law 139
Eminent Domain 141
10 The Sixth and Seventh Amendments: Fair Trials 145
The Sixth Amendment: Juries in Criminal Trials 146
The Speedy Trial Clause 146
The Public Trial Clause 147
The Impartial Jury Clause 148
The Confrontation Clause 153
The Compulsory Process Clause 156
Assistance of counsel 158
The Seventh Amendment: Juries in Civil Trials 159
11 The Eighth Amendment: Bail and Punishment 161
Excessive Bail and Files 162
Cruel and Unusual Punishment 163
Three Strikes and You're Out 164
The Death Penalty 165
12 The Ninth Through Twelfth Amendments: The Political System 171
The Ninth Amendment: Unenumerated Rights 172
Privacy 173
Birth Control and Abortion 174
The Tenth Amendment: States' Rights 175
The Eleventh Amendment: Suing States 177
The Twelfth Amendment: Picking the President 178
13 The Thirteenth Through Fifteenth Amendments: Civil Rights 183
The Thirteenth Amendment: Abolishing Slavery 184
The Civil War 185
Reconstruction 185
The Fourteenth Amendment: Due Process and Equal Protection 187
Citizenship 188
Civil Rights 189
The Fifteenth Amendment: Voting Rights 196
14 The Sixteenth and Seventeenth Amendments: Taxes and Senators 201
The Sixteenth Amendment 202
The Federal Income Tax Law 204
Tax Protests 205
The Seventeenth Amendment 207
15 The Eighteenth and Twenty-First Amendments: Prohibition and Repeal 211
The Eighteenth Amendment: Prohibition 212
America and Alcohol 212
The Volstead Act 214
The Downside of Dry 215
The Twenty-First Amendment: Repeal 216
16 The Nineteenth Amendment: Women's Suffrage 219
The Birth of a Movement 220
Winning the Vote 222
Racification 224
17 The Twentieth, Twenty-Second, Through Twenty-Seventh Amendments 227
The Twentieth Amendment: Lame Ducks 228
The Twenty-Second Amendment: Presidential Term Limits 230
The Twenty-Third Amendment: D.C. Voting 233
The Twenty-Fourth Amendment: No Tax on Voting 234
The Twenty-Fifth Amendment: Presidential Succession 235
The Twenty-Sixth Amendment: Voting at Age 18 239
The Twenty-Seventh Amendment: Congressional Pay 240
Part 4 Modifying the Government 243
18 The ERA and Other Failed Amendments 245
Early Amendments Still Pending 246
The Congressional Representation Amendment 246
The Noble Title Amendment 247
The Slavery Amendment 248
The Child Labor Amendment 248
The Equal Rights Amendment 249
The D.C. Representation Amendment 251
Amendments That Never Got Out of Congress 251
The Balanced Budget Amendment 252
The Flag Desecration Amendment, 253
19 Future Constitutional Issues 255
Expected Supreme Court Cases 256
Abortion 256
Crime and Punishment 257
The Right to Petition 258
Free Speech and National Security 258
Presidential Power 259
The Political Court 260
Future Changes to the Constitution 262
Suggested Amendments 262
A Balanced Budget 263
One Man, One Woman 263
Elections 264
Guns and Gun Control 265
Eminent Domain 266
A Constitutional Convention 266
The Constitution: Our Continuing National Conversation 267
Appendixes
A Glossary 269
B Resources 277
C Petitioning the Government 281
D The U.S. Constitution 285
Index 307