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Главная Авторы David L Hudson The Handy Law Answer Book

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The Handy Law Answer Book

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Страница 1 About the Author Страница 3Страница 4 Contents Страница 6 Acknowledgments Introduction THE U.S. CONSTITUTION What is the primary source of law in the United States? What exactly does the U.S. Constitution do? How is the U.S. Constitution composed? How many constitutional amendments have been enacted? What does the Supremacy Clause of the U.S. Constitution say? HISTORY OF THE CONSTITUTION What was the pressing need for the Constitution? What were the problems with the Articles of Confederation? Who were some of the leaders of the Philadelphia Convention of 1787? Who were the 55 Founding Framers of the Philadelphia Convention of 1787 Did all of the 55 delegates sign the final product of the Philadelphia Convention? Why did Elbridge Gerry, Edmund Randolph and George Mason refuse to sign the Constitution? What were the professions of the Founders? Why was James Madison a key person in the Convention? What did the new Constitution say about slavery? What was the Fugitive Slave Clause? After the Constitution was signed, what happened during the ratification process? What were the principal objections of the Anti-Federalists to the Constitution? What were the Federalist Papers and what was their importance? Did the Anti-Federalists have their own published writings? How did the battle between the Federalists and Anti-Federalists conclude? In what states was the ratification debate most intense and close? What happened in the large state of Virginia with respect to ratification? KEY CONCEPTS AND STRUCTURE OF THE CONSTITUTION What is federalism? What is separation of powers? What is an example of a separation of powers problem? LEGISLATIVE BRANCH How did the U.S. Constitution structure the legislative branch? What was the Virginia Plan? With what plan did the Virginia Plan compete? What was the Great Compromise? How precarious was the Great Compromise and its ultimate success? What does the Constitution say about the composition of Congress? What are the requirements for someone to serve in the U.S. House of Representatives? What are the requirements for someone to serve in the U.S. Senate? What are the terms of office for representatives and senators? How many members are there in the House and the Senate? What is the speaker of the House? Who was the first speaker of the House? Who became the first woman to serve as speaker of the House? Who was the only speaker of the House also to become president of the United States? How does the Constitution give Congress the power to impact law? How did the necessary and proper clause affect a famous case involving a U.S. bank? How is a law created? What happens after a bill is introduced? What are the various House Committees? What are public hearings? What are some other powers of Congress mentioned in the U.S. Constitution? Why is the Commerce Clause so important? What are the categories of Congress’ powers in regulating interstate commerce? What does the Constitution say about ex post facto laws? What is the full faith and credit clause? THE EXECUTIVE BRANCH Were all the Founders convinced that the executive branch should consist of one person? How are presidents elected? How does the Constitution give the executive branch a role in the law? What are the powers of the president? What are some famous executive orders in American history? Can the president veto only a portion of a law after it is passed by Congress? What is “impeachment”? Can presidents be impeached? What happened in the Clinton impeachment hearings? JUDICIAL BRANCH How does the Constitution give the judicial branch a role in the legal system? Why is judicial review celebrated and criticized in the democracy? What was the leading framer James Madison’s opinion of judicial review? What were some important precursors to Marbury v. Madison? Is judicial review an American invention? What did Alexander Hamilton have to say about judicial review? Why do some consider the judicial branch the least powerful branch of government? Does the Constitution specify the number of U.S. Supreme Court justices? STATE CONSTITUTIONS Are state constitutions based on the U.S. Constitution? Who determines the meaning of a state constitution? Why were the first ten amendments—the Bill of Rights—added to the U.S. Constitution? Who was primarily responsible for proposing the Bill of Rights? What did James Madison say in his speech to Congress on June 1789, when he argued for the Bill of Rights? Where did James Madison look for possible proposals that eventually became included in the Bill of Rights? Isn’t it true that the original Constitution (before the Bill of Rights) was already a bill of rights of sorts? Some have said James Madison used the Bill of Rights to save the Constitution. Is there truth to this? What is an example of an ex post facto law? Where are constitutional amendments placed in the Constitution? FIRST AMENDMENT What freedoms does the First Amendment protect? What does freedom of religion mean? How does the U.S. Supreme Court determine if something violates the Establishment Clause? When did Justice Sandra Day O’Connor introduce her endorsement test? If the government places a Ten Commandments monument on government property, does that violate the Establishment Clause? What explained the difference between the two 2005 decisions by the U.S. Supreme Court? Does school prayer violate the Establishment Clause? What was the prayer at issue in the Engel v. Vitale case? Is a moment of silence law constitutional? What opinions were rendered by the U.S. Supreme Court concerning Wallace v. Jaffree. Does the First Amendment protect graduation prayer? What was the Santa Fe Independent School District v. Doe case on school prayer and what did the U.S. Supreme Court decide? Does the First Amendment protect all forms of free speech? What is obscenity? How does the notion of community standards affect obscenity cases? When does speech cross the line into unprotected incitement? When does speech cross the line and become a true threat? What was the U.S. Supreme Court’s definition of a true threat in Virginia v. Black (2003). Does the First Amendment protect advertising? Does the status of a speaker affect First Amendment freedoms? What is the level of free speech protection for public employees? What level of First Amendment rights do students possess? What happened in Garcetti v. Ceballos? What expression was involved in the Tinker case? SECOND AMENDMENT What makes the Second Amendment controversial? Which interpretation—collective or individual—has the U.S. Supreme Court adopted? What happened in the Heller case? THIRD AND FOURTH AMENDMENTS What was the purpose of the Third Amendment? What is the Fourth Amendment? What is the fundamental purpose of the Fourth Amendment? What is the meaning of probable cause? Must government officials always obtain a warrant before conducting a search or a seizure? Must school officials have probable cause before searching a student in a public school? Do school officials have unfettered authority to conduct strip searches? What is plain view? How does a court determine if someone’s Fourth Amendment rights have been violated? What is the exclusionary rule? In what decision did the Court extend the exclusionary rule requirement to the states? Who was Dollree Mapp? FIFTH AMENDMENT What freedoms does the Fifth Amendment protect? What is double jeopardy? What is an example of the double jeopardy clause prohibiting multiple punishments for the same offense? What is the protection against self-incrimination? In what famous decision did the U.S. Supreme Court establish certain rights to persons facing interrogation and questioning from police? Who was Miranda in the famous case? What happened to Ernesto A. Miranda after the U.S. Supreme Court decision? What is due process? What is just compensation? What recent decision on eminent domain and just compensation outraged many? SIXTH AMENDMENT What freedoms does the Sixth Amendment protect? What is the right to a speedy trial? What does it mean for a trial to be public? What is an impartial jury? What is the Confrontation Clause? What is the importance of compulsory process? What does assistance of counsel mean? Who was the defendant in Gideon v. Wainwright? How does the court determine if a defendant received effective assistance of counsel? SEVENTH AMENDMENT What freedom does the Seventh Amendment protect? EIGHTH AMENDMENT How does the Court determine whether punishment is cruel and unusual? Is the death penalty considered cruel and unusual? What caused the U.S. Supreme Court to change course and uphold death penalty statutes only a few years after its Furman decision? What are some major death penalty decisions since Furman v. Georgia (1972)? Furman v. Georgia (1972) Gregg v. Georgia (1976) Roberts v. Louisiana (1976) Woodson v. North Carolina (1976) Gilmore v. Utah (1976) Coker v. Georgia (1977) Lockett v. Ohio (1978) Adams v. Texas (1980) Edmund v. Florida (1982) Eddings v. Oklahoma (1982) California v. Ramos (1983) Barclay v. Florida (1983) Spaziano v. Florida (1984) Strickland v. Washington (1984) Caldwell v. Mississippi (1985) Ford v. Wainwright (1986) Darden v. Wainwright (1986) Skipper v. South Carolina (1986) McCleskey v. Kemp (1987) Tison v. Arizona (1987) Thompson v. Oklahoma (1988) Penry v. Lynaugh (1989) Stanford v. Kentucky (1989) Coleman v. Thompson (1991) Payne v. Tennessee (1991) Herrera v. California (1993) Romano v. Oklahoma (1994) Buchanan v. Angellone (1998) Atkins v. Virginia (2002) Ring v. Arizona (2002) Wiggins v. Smith (2003) Roper v. Simmons (2005) Kennedy v. Louisiana (2008) What did the Court decide with respect to criminal three-strikes laws? NINTH AND TENTH AMENDMENTS What rights does the Ninth Amendment protect? What is the Tenth Amendment? What type of law creates a Tenth Amendment issue? What is an example of power that should be “reserved” to the states under the Tenth Amendment? What does the Tenth Amendment have to do with the concept of federalism? FOURTEENTH AMENDMENT Why is the Fourteenth Amendment sometimes called a Second Bill of Rights? {buyButton}

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