The Constitution Explained
347 pages

Vous pourrez modifier la taille du texte de cet ouvrage

Découvre YouScribe en t'inscrivant gratuitement

Je m'inscris

The Constitution Explained , livre ebook


Découvre YouScribe en t'inscrivant gratuitement

Je m'inscris
Obtenez un accès à la bibliothèque pour le consulter en ligne
En savoir plus
347 pages

Vous pourrez modifier la taille du texte de cet ouvrage

Obtenez un accès à la bibliothèque pour le consulter en ligne
En savoir plus


  • 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




    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


  • Sujets


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

    Informations légales : prix de location à la page 0,1000€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.


    To my father, David L. Hudson Sr.: profound thanks for your sacrifices, guidance, and love.
    Photo Sources
    Introduction to the Constitution
    Preamble to the Contitution
    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
    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
    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
    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
    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
    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
    Architect of the Capitol ( 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 . 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 .
    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

    • Univers Univers
    • Ebooks Ebooks
    • Livres audio Livres audio
    • Presse Presse
    • Podcasts Podcasts
    • BD BD
    • Documents Documents