Introduction to the American Legal System, Government, and Constitutional Law: [Connected eBook]

by Diane S. Kaplan

Overview

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

This new coursebook introduces students to the relationship among the American constitutional, governmental, and legal systems. With a clear and concise presentation, this book explores historical and contemporary events, judicial opinions, and constitutional provisions that demonstrate how the three systems accommodate social progress in an ever-changing and highly diverse nation. Perfect for LLM courses or even undergraduate classes, this book aims to teach students how to understand constitutional doctrines, brief judicial opinions, and how American history affects contemporary legal issues.

Features:

• Clear and concise presentation and logical organization of material making it an excellent introductory book to the American legal system
• Inclusion of modern cases on relevant topics, such as same-sex marriage, legalization of marijuana, and homicidal laws affecting juveniles
• Chapter questions that facilitate basic legal analysis through hypotheticals, opinion briefing, and application of constitutional provisions
• Inclusion of important historical and political events, such as lawsuits brought against Presidents, congressional impeachment powers, the Electoral College System, the Supreme Court s resolution of voting issues, the Civil War and post Civil War constitutional amendments, the Civil Rights movement, presidential and congressional war powers, and Supreme Court opinions about Guantanamo Bay detainees

Product Details

ISBN-13:	9781454857334
Publisher:	Wolters Kluwer Law & Business
Publication date:	08/10/2015
Series:	Aspen Coursebook Series
Edition description:	Supplement
Pages:	304
Product dimensions:	7.00(w) x 10.00(h) x (d)

Table of Contents

Preface xv

Acknowledgements xvii

Chapter 1 A Brief History of the Constitution of the United States

Constitutional History 1

The Declaration of Independence 2

The Revolutionary War 3

The Articles of Confederation 4

The Constitutional Convention 5

The Constitutional Plan of Government 8

Ratifying the Constitution 9

The Bill of Rights 10

Chapter 1 Questions 13

Chapter 2 Article I: The Legislative Branch

Article I Section 1: Congress 15

Article I Section 2: The House of Representatives 16

Representative Terms of Office 16

Representative Qualifications 16

House Vacancies 21

House Leadership 21

House Impeachment Power 21

Article I Section 3: The Senate 22

Senatorial Qualifications 22

Senatorial Leadership 22

Senatorial Impeachment Power 23

Article I Section 4: Elections and Annual Meetings 24

Article I Section 5: Internal Congressional Governance 24

Congressional Records 25

Congressional Adjournment 25

Article I Section 6: Compensation and Immunity from Arrest 25

Congressional Immunity 26

Prohibitions Against Non Congressional Appointments 26

Article I Section 7: Revenue Bills, the Legislative Process, and the Presidential Veto 26

Legislative Committees 26

How a Bill Is Enacted into Law 27

Article I Section 8: Enumerated and implied Powers of Congress 30

The Power to Tax 32

The Power to Regulate Commerce 32

Heart of Atlanta Motel v. United States 33

United States v. Lopez 36

The Power to Establish Naturalization Laws 37

The Power to Establish Bankruptcy Laws 38 The Powers to Coin Money and Develop Standards for Weights and Measures 38

The Power to Protect Intellectual Property 38

The Power to Establish a Federal Court System 38

Military Power 39

The Power to Command the Militia 39

The Power to Make All Laws Necessary and Proper to Execute Congress's Enumerated Powers 39

McCulloch v. Maryland 40

Article I Section 9: Limitations on Congressional Powers 42

Article I Section 10: Limitations on State Powers 44

Chapter 2 Questions 45

Chapter 3 Article II: The Executive Branch

Article II Section X: The Office of the President and Vice President 47

Clinton v. Jones 48

The Electoral College 54

Presidential Qualifications 57

Removal and Succession of the President 57

Presidential Compensation 59

Presidential Oath of Office 59

Article II Section 2: Presidential Powers 59

Presidential Power to Administer the Executive Branch 63

Presidential Pardon Power 66

Presidential Treaty Power 66

Presidential Appointment Power 66

Presidential Recess Appointment Power 67

Article II Section 3: Presidential Duties 67

The President's Duty to Convene and Adjourn Congress 68

Presidential Diplomatic Duties 68

Presidential Law Enforcement Duties 69

United States v. Nixon 72

Article II Section 4: Impeachment 75

Chapter 3 Questions 76

Chapter 4 Article III: The Judicial Branch

Article III Section 1: The Establishment of the Federal Judicial System 79

Federal District Courts 80

Federal Circuit Courts of Appeals 80

The United States Supreme Court 82

Opinions 83

Precedent 84

Brown v. Board of Education of Topeka 85

Judicial Independence 89

Judicial Compensation 89

Article III Section 2: Federal Jurisdiction 89

Supreme Court Jurisdiction 90

Marbury v, Madison 92

Constitutional Interpretation 95

Criminal Trials 97

Article III Section 3: Treason 97

The Court's Role in Making National Policy 98

Chapter 4 Questions 100

Chapter 5 The Constitutional Doctrines of Separation of Powers, Checks and Balances, and Federalism

Checks and Balances and Separation of Powers: The War Powers 104

Youngstown Sheet & Tube v. Sawyer 105

Rasul v. Bush 109

Hamdi v. Rumsfeld 112

Contemporary Federalism 120

The Civil War and the Post Civil War Constitutional Amendments 120

The Supremacy Clause and Medical Marijuana 123

The Full Faith and Credit Clause and Same-Sex Marriage 123

Goodridge v. Department of Public Health 125

Robicheaux v. James D. Caldwell 128

Chapter 5 Questions 130

Chapter 6 First Amendment Constitutional Rights

The First Amendment 134

Freedom of Religion 134

Wisconsin v. Yoder 135

United States v. Lee 139

Freedom of Speech 141

Tinker v. Des Moines Independent Community School District 142

Morse v. Frederick 147

Freedom of the Press 151

New York Times Co. v. United States 153

In re: Grand Jury Subpoena, Judith Miller 158

Chapter 6 Questions 160

Chapter 7 The American Litigation System

Organization of the State and Federal Court Systems 166

The Litigation Process 168

Trial Courts 168

The Courtroom 168

The Judges 169

The Lawyers 169

The Parties 170

The Proceedings 171

The Evidence 176

People of the State of New York v. Beige 177

The Jury 178

Appellate Courts 179

The Appeal Process 179

Opinions 180

Supreme Courts ISO

George W. Bush v. Albert Gore, Jr. 182

Chapter 7 Questions 184

Chapter 8 The Criminal Litigation Process

Constitutional Provisions 187

What Is a Crime? 188

Pre Trial Proceedings 190

Search and Arrest Warrants 190

Grand Jury Proceedings and Preliminary Hearings 191

Criminal Defense Attorneys 192

Gideon v. Wainwright 192

Arrest 194

Clarence Gideon's In Forma Pauperis Petition 195

Bail Hearing 201

Arraignment Hearing 201

Plea Bargaining 202

Trial Proceedings 202

Speedy and Public Trial 202

Criminal Juries 203

Opening Statements 204

Presentation of Evidence 204

Closing Arguments 205

Jury Instructions 205

Jury Deliberations 205

Post Trial Proceedings 206

Sentencing 206

Roper v. Simmons 208

Criminal Appeal 220

Chapter 8 Questions 220

Appendices

Appendix A The Constitution of the United States 223

Appendix B The Declaration of Independence 237

Appendix C United States of America (Map) 243

Glossary 245

Bibliography 257

Table of Cases 265

Index 269