An Introduction to the American Legal System, Government, and Constitutional Law PDF
Preview An Introduction to the American Legal System, Government, and Constitutional Law
An Introduction to the American Legal System, Government, and Constitution 2 EDITORIAL ADVISORS Erwin Chemerinsky Dean and Distinguished Professor of Law Raymond Pryke Professor of First Amendment Law University of California, Irvine School of Law Richard A. Epstein Laurence A. Tisch Professor of Law New York University School of Law Peter and Kirsten Bedford Senior Fellow The Hoover Institution Senior Lecturer in Law The University of Chicago Ronald J. Gilson Charles J. Meyers Professor of Law and Business Stanford University Marc and Eva Stern Professor of Law and Business Columbia Law School James E. Krier Earl Warren DeLano Professor of Law The University of Michigan Law School Richard K. Neumann, Jr. Professor of Law Maurice A. Deane School of Law at Hofstra University Robert H. Sitkoff John L. Gray Professor of Law Harvard Law School David Alan Sklansky Professor of Law Stanford Law School 3 4 Copyright © 2015 CCH Incorporated. Published by Wolters Kluwer in New York. Wolters Kluwer serves customers worldwide with CCH, Aspen Publishers, and Kluwer Law International products. (www.wolterskluwerlb.com) No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or utilized by any information storage or retrieval system, without written permission from the publisher. For information about permissions or to request permissions online, visit us at www.wolterskluwerlb.com, or a written request may be faxed to our permissions department at 212-771-0803. To contact Customer Service, e-mail [email protected], call 1-800-234-1660, fax 1-800-901-9075, or mail correspondence to: Wolters Kluwer Attn: Order Department PO Box 990 Frederick, MD 21705 Library of Congress Cataloging-in-Publication Data Kaplan, Diane S., author. An introduction to the American legal system, government, and Constitution / Diane S. Kaplan, the John Marshall Law School. pages cm.—(Aspen college series) eISBN 978-1-4548-7095-1 1. Constitutional law—United States. 2. Federal government—United States. 3. Separation of powers—United States. 4. Civil rights— United States. 5. United States. Constitution. 1st Amendment. 6. Justice, Administration of—United States. 7. Courts—United States. 8. Criminal justice, Administration of—United States. 9. Law—United States. I. Title. KF4550.K35 2015 342.73—dc23 2015020806 5 About Wolters Kluwer Law & Business Wolters Kluwer Law & Business is a leading global provider of intelligent information and digital solutions for legal and business professionals in key specialty areas, and respected educational resources for professors and law students. 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Wolters Kluwer is a market-leading global information services company focused on professionals. 6 Table of Contents Preface Acknowledgements Chapter 1 A Brief History of the Constitution of the United States Chapter 2 Article I: The Legislative Branch Chapter 3 Article II: The Executive Branch Chapter 4 Article III: The Judicial Branch Chapter 5 The Constitutional Doctrines of Separation of Powers, Checks and Balances, and Federalism Chapter 6 First Amendment Constitutional Rights Chapter 7 The American Litigation System Chapter 8 The Criminal Litigation Process Appendices Appendix A The Constitution of the United States Appendix B The Declaration of Independence Appendix C United States of America (Map) Glossary Bibliography Table of Cases Index 7 Preface Acknowledgements Chapter 1☆A Brief History of the Constitution of the United States Constitutional History The Declaration of Independence The Revolutionary War The Articles of Confederation The Constitutional Convention The Constitutional Plan of Government Ratifying the Constitution The Bill of Rights CHAPTER 1 QUESTIONS Chapter 2☆Article I: The Legislative Branch Article I Section 1: Congress Article I Section 2: The House of Representatives Representative Terms of Office Representative Qualifications House Vacancies House Leadership House Impeachment Power Article I Section 3: The Senate Senatorial Qualifications Senatorial Leadership Senatorial Impeachment Power Article I Section 4: Elections and Annual Meetings Article I Section 5: Internal Congressional Governance Congressional Records Congressional Adjournment 8 Article I Section 6: Compensation and Immunity from Arrest Congressional Immunity Prohibitions Against Non Congressional Appointments Article I Section 7: Revenue Bills, the Legislative Process, and the Presidential Veto Legislative Committees How a Bill Is Enacted into Law Article I Section 8: Enumerated and Implied Powers of Congress The Power to Tax The Power to Regulate Commerce Heart of Atlanta Motel v. United States United States v. Lopez The Power to Establish Naturalization Laws The Power to Establish Bankruptcy Laws The Powers to Coin Money and Develop Standards for Weights and Measures The Power to Protect Intellectual Property The Power to Establish a Federal Court System Military Power The Power to Command the Militia The Power to Make All Laws Necessary and Proper to Execute Congress’s Enumerated Powers McCulloch v. Maryland Article I Section 9: Limitations on Congressional Powers Article I Section 10: Limitations on State Powers CHAPTER 2 QUESTIONS Chapter 3☆Article II: The Executive Branch Article II Section 1: The Office of the President and Vice President Clinton v. Jones The Electoral College Presidential Qualifications Removal and Succession of the President Presidential Compensation Presidential Oath of Office Article II Section 2: Presidential Powers Presidential Power to Administer the Executive Branch Presidential Pardon Power 9 Presidential Treaty Power Presidential Appointment Power Presidential Recess Appointment Power Article II Section 3: Presidential Duties The President’s Duty to Convene and Adjourn Congress Presidential Diplomatic Duties Presidential Law Enforcement Duties United States v. Nixon Article II Section 4: Impeachment CHAPTER 3 QUESTIONS Chapter 4☆Article III: The Judicial Branch Article III Section 1: The Establishment of the Federal Judicial System Federal District Courts Federal Circuit Courts of Appeals The United States Supreme Court Opinions Precedent Brown v. Board of Education of Topeka Judicial Independence Judicial Compensation Article III Section 2: Federal Jurisdiction Supreme Court Jurisdiction Marbury v. Madison Constitutional Interpretation Criminal Trials Article III Section 3: Treason The Court’s Role in Making National Policy CHAPTER 4 QUESTIONS Chapter 5☆The Constitutional Doctrines of Separation of Powers, Checks and Balances, and Federalism Checks and Balances and Separation of Powers: The War Powers Youngstown Sheet & Tube v. Sawyer Rasul v. Bush 10
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