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The U.S. Constitution in Five Minutes

Edited by
Joseph L. Smith [+–]
University of Alabama
Joseph L. Smith is a professor and department chair in the Department of Political Science at the University of Alabama. His research focuses on decision-making in the U.S. federal courts.
David E. Klein [+–]
Eastern Michigan University
David E. Klein is a professor of political science at Eastern Michigan University. His work focuses primarily on judicial decision-making and the development of the law.

The U.S. Constitution was written more than 230 years ago for a new country on the periphery of the world. Two centuries later, it governs the most powerful nation on earth, and its meaning is constantly debated.

The U.S. Constitution in Five Minutes presents fifty-nine essays on subjects central to the meaning and application of the U.S. Constitution. Written by scholars, these essays cover origins; institutions, processes, and structural features; civil rights and liberties; and modes of interpretation and address common questions and misunderstandings about the Constitution, such as:

• Can the president start a war?

• Does the Constitution protect hate speech?

• Does the Second Amendment give everyone the right to have a gun?

• Does the Constitution protect noncitizens?

• How can we tell what the Constitution means?

Intended for anyone who wants a deeper understanding of the underlying principles of the U.S. political system, the book will also be a valuable supplement to political science courses. As with all the “Five Minutes” books, the essays are written in lively and accessible prose and are brief enough to be read in five minutes.

Table of Contents

Preface

Preface xi-xii
Joseph L. Smith,David E. Klein
University of Alabama
Joseph L. Smith is a professor and department chair in the Department of Political Science at the University of Alabama. His research focuses on decision-making in the U.S. federal courts.
Eastern Michigan University
David E. Klein is a professor of political science at Eastern Michigan University. His work focuses primarily on judicial decision-making and the development of the law.

Origins

1. Why Do We Have a Constitution? [+–] 3-6
James Todd
Palm Beach Atlantic University
James Todd is an associate professor of politics at Palm Beach Atlantic University. His work focuses on U.S. constitutionalism and the Supreme Court.
This chapter seeks to define the concept of a constitution. The chapter looks at the historical background of the U.S. Constitution and reviews the document’s overall purposes and structure. It examines the relationship between the Constitution and the government created by it.
2. Who Wrote the Constitution? [+–] 7-10
Madison Shanks,Kirk A. Randazzo
University of South Carolina
Madison Shanks is a Ph.D. candidate in Political Science at the University of South Carolina. Her work focuses on attorney strategy in criminal cases at the U.S. Federal District Courts.

University of South Carolina
Kirk A. Randazzo is a Professor and Chair of the Department of Political Science at the University of South Carolina. His research focuses on constraints to judicial behavior, the balance between liberty and security in foreign policy litigation, and the role of courts in democratic consolidation.
Though we often think of the framers as a single group, the reality is more complex. Each delegate represented the interests of his state in discussion around several tensions, including those of representation and economic regulation. This ultimately led to several compromises that serve as the foundation of the U.S. Constitution.
3. Human Nature and the Constitution [+–] 11-13
David Lay Williams
DePaul University
David Lay Williams is Professor of Political Science at DePaul University. His research address issues in the history of political thought, especially the 18th century.
This essay sketches the Constitutional debates during ratification pertaining to human nature — are people fundamentally good or bad? — and traces the resulting constitutional principles. The essay argues that despite the acknowledged flaws of human nature, the Founders also understood humanity to possess a degree of virtue essential for the smooth functioning of the constitutional system.
4. Racism in the Constitution [+–] 14-16
Leslie F. Goldstein
University of Delaware
Leslie F. Goldstein is the Judge Hugh M. Morris Professor Emerita of political science at the University of Delaware. Her primary research interests are in the fields of constitutional law and political philosophy, especially the intersection of these fields and the rights of women and racial minorities.
The Constitution speaks with two voices on slavery and racial discrimination: the due process, bill of attainder, ex post facto, trial by jury, and titles of nobility clauses protect liberty and equality; the euphemistic clauses on slave trade, fugitive slave, and three-fifths representation protected race-based slavery. This ambiguity resulted in a Civil War and then 13th, 14th, and 15th Amendments to end both slavery and racial discrimination by government. Native American tribes in the Constitution are treated as semi-sovereign nations with whom Congress can make treaties and regulate commerce, but eventually Congress gave U.S. citizenship to all individual American Indians.
5. Emulation and Innovation in the Constitutional System [+–] 17-20
A.K. Shauku
State University of New York College at Buffalo
A.K. Shauku is an assistant professor of political science and public administration at State University of New York College at Buffalo. He primarily studies political and legal institutions.
The architecture of the constitutional system—with features such as federalism, bicameralism, an independent executive, and judiciary—reflects both continuity with the tradition out of which it emerged and adaptation to a new political context.
6. How Can We Tell What the Constitution Means? [+–] 21-23
Sara C. Benesh
University of Wisconsin, Milwaukee
Sara C. Benesh is associate professor and chair of political science at the University of Wisconsin, Milwaukee. She studies judicial decision making and institutional legitimacy.
Interpreting even our very short constitution is not a simple task. This chapter highlights the problem and explains various strategies for interpreting the constitution (including plain meaning, originalism, and pragmatism), concluding that what the constitution means depends very much on the preferences and choices of those who interpret it.
7. Is the Constitution What the Justices Say It Is? [+–] 24-26
Joseph L. Smith
University of Alabama
Joseph L. Smith is a professor and department chair in the Department of Political Science at the University of Alabama. His research focuses on decision-making in the U.S. federal courts.
As the authoritative interpreters of the Constitution, Supreme Court justices have the ability to shape the Constitution to their own preferences. The justices’ policy preferences do influence how they interpret the Constitution, but several factors limit their freedom to interpret the document any way they wish.

Congress and the States

8. What Can States Do? [+–] 29-31
John D. Nugent
Connecticut College
John D. Nugent is the director of institutional research and planning at Connecticut College in New London. His research has focused on how state officials influence federal policymaking.
This essay gives an overview of the policy-making powers of state governments today, with many examples of state laws aimed at protecting their citizens’ health, safety, and morals. While many people pay attention only to what the federal government does to try to fix public problems, state governments have always been involved in addressing these problems as well, and that continues today in many ways.
9. What Is “Commerce among the Several States,” and Why Does It Matter? 32-34
H. W. Perry, Jr.
University of Texas at Austin
H. W. Perry, Jr. is associate professor of law, associate professor of government, and University Distinguished Teaching Professor at the University of Texas at Austin. His research and teaching focus primarily on Constitutional Law and the U. S. Supreme Court.
10. What States Can’t Do [+–] 35-37
Joseph L. Smith
University of Alabama
Joseph L. Smith is a professor and department chair in the Department of Political Science at the University of Alabama. His research focuses on decision-making in the U.S. federal courts.
The supremacy clause, Congress’s enumerated powers, and the necessary and proper clause combine to make the national government supreme over the states in a wide and growing range of policy areas.
11. How Can Governments Use the Power to Tax? [+–] 38-40
Jolly A. Emrey
University of Wisconsin-Whitewater
Jolly A. Emrey is an associate professor of political science and department chair at University of Wisconsin-Whitewater. She works primarily on state courts in the U.S. and courts in Ireland.
The power to tax was one of the issues most debated by the framers of the Constitution. Taxation is a necessary tool for government to raise revenue, but it can also be used as a blunt instrument. Our federalist system, with national and state concurrent powers to tax, often makes it more complicated.
12. Why Is It Hard to Sue a State? [+–] 41-43
Susan W. Johnson
University of North Carolina at Greensboro
Susan W. Johnson is an associate professor of political science at the University of North Carolina at Greensboro. Her research interests include judicial politics, comparative courts, and gender.
Why is it difficult to sue a state? States may be immune from lawsuits by citizens even when the state’s actions allegedly violate federal law. This chapter describes the origins and competing interpretations of state sovereign immunity as applied through the Tenth and Eleventh Amendments.

Conflicts between the Branches

13. What Is the Purpose of the Separation of Powers? [+–] 47-49
Joseph L. Smith
University of Alabama
Joseph L. Smith is a professor and department chair in the Department of Political Science at the University of Alabama. His research focuses on decision-making in the U.S. federal courts.
The separation of powers divides government functions between separate legislative, executive, and judicial branches to make it harder to implement abusive policies. Each branch also plays a role in the other branches’ functions. Disputes over the scope of each branch’s powers are common.
14. The President as Chief Executive [+–] 50-52
David Crockett
Trinity University, San Antonio, Texas
David Crockett is professor of political science at Trinity University in San Antonio, Texas. His primary area of research is the American presidency and presidential elections.
The vesting clause of Article II of the Constitution places “the executive power” in a single person. Political leaders from the beginning have interpreted this language broadly – that it includes ALL executive power, even powers unstated, except where legislative participation is explicitly called for.
15. The Crucial Power to Appoint and Remove Officials [+–] 53-55
Robert J. Hume
Fordham University
Robert J. Hume is a professor of political science at Fordham University. He focuses on law and policy.
.
16. Who Really Makes the Laws? [+–] 56-58
Eric Heberlig
University of North Carolina Charlotte
Eric Heberlig is professor of political science and public administration at the University of North Carolina Charlotte. He researches the politics of Congress, interest groups, elections, and campaign finance.
Congress really makes the law in most instances. But the president has the ability to attract public attention to his ideas and a veto pen, so has a significant impact on issues relevant to his priorities. Presidents also have substantial influence over budgets and foreign policy.
17. Executive Orders: Statutes in Disguise? [+–] 59-62
Chris Edelson
American University
Chris Edelson is an assistant professor of government at American University. His research focuses on US presidential power.
This entry is about presidential executive orders and how they can be reconciled with the separation of powers and rule of law under the US Constitution.
18. Can the President Start a War? [+–] 63-65
Rebecca U. Thorpe
University of Washington, Seattle
Rebecca U. Thorpe is an associate professor of political science at the University of Washington, Seattle. Her research focuses on institutional power and state violence in the U.S.
Why is it that presidents can launch military operations overseas without congressional approval, despite Congress’ constitutional authority to declare war? While legal scholars disagree about the scope of the president’s war powers, changes in military spending and warfare empower modern presidents to act independently in matters of war and defense.
19. How Can We Get Rid of a Bad President? [+–] 66-68
Donald A. Zinman
Grand Valley State University
Donald A. Zinman is a professor of political science at Grand Valley State University in Allendale, Michigan. His research interests include the presidency and American political development.
Beyond elections, how can a dangerous president be removed from office? Impeachment and the 25th Amendment are available, but these are very difficult options that border on being unrealistic in practice.
20. Judicial Review [+–] 69-71
Allyson Yankle
Radford University
Allyson Yankle is an assistant professor of political science at Radford University. She works primarily on judicial ethics violations and judicial motivations.
In Marbury v. Madison, the Supreme Court asserted the Court alone has the power of judicial review, or that it is the final interpreter of what is constitutional and what is not. The issue? Judicial review is not mentioned anywhere in the Constitution, which raises questions about the use and acceptance of this power.
21. The Challenge of Judicial Independence 72-74
Charles Gardner Geyh
Indiana University Maurer School of Law
Charles Gardner Geyh is Indiana University Distinguished Professor and John F. Kimberling Professor of Law at the Indiana University Maurer School of Law. His research focuses on judicial ethics, administration, independence, and selection.

Representative Democracy

22. Who Can Vote? [+–] 77-80
Greg W. Vonnahme
University of Missouri-Kansas City
Greg W. Vonnahme is department chair and associate professor of political science at the University of Missouri-Kansas City. His research focuses on election administration and state politics and policy.
This chapter analyzes how the US Constitution shapes elections and voting rights. Specific topics include how the Constitution has been amended to expand the right to vote to include women and racial/ethnic minorities, and provisions related to Congressional and state regulation of elections.
23. Why Is My Congressional District Such a Weird Shape? [+–] 81-84
Jeffrey L. Bernstein
Eastern Michigan University
Jeffrey L. Bernstein is a professor of political science and Director of the Bruce K. Nelson Faculty Development Center at Eastern Michigan University. His work focuses primarily on civic education and the scholarship of teaching and learning.
This chapter addresses the question of why congressional districts often have such funny shapes – what does the constitutional say about the shapes of congressional districts, what does it mean to gerrymander districts, what forms does gerrymandering take, and what are the consequences of having gerrymandered congressional districts.
24. Is the Electoral College Undemocratic? [+–] 85-88
Sheahan Virgin
Grinnell College
Sheahan Virgin is an assistant professor of political science at Grinnell College in Grinnell, Iowa. His research focuses on the extra-partisan reasons elites and members of the mass public may decide either to support or oppose electoral reforms.
In this chapter, Sheahan Virgin uses a simple math game to illustrate for readers how, mechanically, the U.S. Electoral College can sometimes produce a questionably democratic result: the so-called “wrong winner,” i.e., a president-elect who wins an electoral vote majority but loses the aggregate, national popular vote.
25. Why Do Wyoming and California Have the Same Number of Senators? [+–] 89-91
Benjamin Kassow
University of North Dakota
Benjamin Kassow is associate professor of political science at the University of North Dakota. His research examines how judges write opinions, as well as how judges use court precedents, broadly defined.
This chapter is designed to examine our understanding of the functions of the U.S. Senate over time, why each state has two Senators, and what this fact means for understanding the role of the U.S. Senate today.
26. Term Lengths, Stability, and Responsiveness [+–] 92-94
Beth Henschen
Eastern Michigan University
Beth Henschen is a faculty member in the political science department at Eastern Michigan University. Much of her research has focused on the interaction between the Supreme Court and Congress.
Convention delegates created selection processes, constituencies, and term lengths that differed across separate institutions as part of a system of checks and balances in a representative democracy. While some changes have been made over time to the original design, their choices continue to shape the landscape of contemporary politics.
27. Can the Constitution Handle Political Parties? [+–] 95-97
Michael Catalano
SUNY Binghamton
Michael Catalano is a PhD candidate in political science at SUNY Binghamton. His research focuses on judicial independence, selection methods, and US state courts.
The Constitution was constructed without accounting for the role political parties would play in our political system. This rendered some provisions of the Constitution (e.g., the Electoral College, impeachment process) less effective. However, the separation of powers and federalism provisions help safeguard against many negative consequences of parties.
28. Campaign Finance and the First Amendment 98-101
Bruce Larson
Gettysburg College
Bruce Larson is professor of political science at Gettysburg College. His teaching and research interests are in the areas of political parties, the U.S. Congress, and campaign finance.
29. Is the Administrative State Unconstitutional? [+–] 102-104
Christine Kexel Chabot
Loyola University Chicago School of Law
Christine Kexel Chabot is a Distinguished Scholar in Residence at Loyola University Chicago School of Law. Her research focuses on separation of powers and agency and judicial independence.
What provisions of the Constitution empower Congress to establish administrative agencies? Does the Constitution place any limits on the amount of power Congress can delegate to unelected executive officers at the helm of federal administrative agencies?

Individual Liberties

30. Does the Constitution Protect Hate Speech? [+–] 107-109
Timothy R. Johnson
University of Minnesota
Timothy R. Johnson is Horace T. Morse Distinguished Professor of Political Science and Law at the University of Minnesota. His research focuses on Supreme Court decision making and oral arguments.
Even hate-filled speech enjoys protection under the free speech clause of the First Amendment. But if the government protects such speech, it likely infringes on the rights of those to whom the speech is aimed— their 14th Amendment right to equal protection. Thus, when such cases come to the U.S. Supreme Court, they are quite difficult to decide.
31. Does the Constitution Protect the Right to Lie? [+–] 110-112
Keith J. Bybee
Syracuse University
Keith J. Bybee is a professor of law and political science at Syracuse University. His more recent research examines the relationship between law and civility.
Although lies are not an inherently worthy form of free speech, false statements of fact are inevitably part of public debate, and it’s difficult to prohibit lying without chilling legitimate expression at the same time. As a result, the United States Constitution effectively protects the right to lie.
32. Can I Be Prosecuted for Telling Someone to Break the Law? 113-115
David E. Klein
Eastern Michigan University
David E. Klein is a professor of political science at Eastern Michigan University. His work focuses primarily on judicial decision-making and the development of the law.
33. Do the Media Have Special Rights? [+–] 116-118
Mark J. Richards
Grand Valley State University
Mark J. Richards is a professor in the GVSU Department of Political Science. His research examines US Supreme Court decision making as well as freedom of expression in international and comparative law.
Media do not have special rights, but the principle of content-neutrality establishes a strong presumption in favor of freedom and against regulation of various forms of media such as print media, Internet expression and video games. Regulations of broadcast media such as licensing the scarce spectrum are more permissible.
34. Is All Religious Behavior Protected? 119-122
Barry Pyle
Eastern Michigan University
Barry Pyle is professor of political science, pre-law advisor, and coach of the Mock Trial and Moot Court teams at Eastern Michigan University. His research interests focus on judicial diversity on State and Federal appellate courts as well as decision/policy-making on the US Supreme Court.
35. What Does “Separation of Church and State” Mean? [+–] 123-126
Chris Kromphardt
University of Iowa
Chris Kromphardt is an education support services manager in the Public Policy Center at the University of Iowa. His research addresses judicial decision making and the determinants of attitudes toward judicial institutions.
Views about the First Amendment’s establishment clause and the meaning of the separation of church and state can be grouped into two broad categories: accommodationist and separationist. The justices of the Supreme Court and the decisions they reach can also be grouped into these categories. Increasingly, Supreme Court doctrine has shifted from separationist to accommodationist, in ways that affect many aspects of American life.
36. Does a Twitter Ban Violate the Constitution? [+–] 127-129
Lawrence Baum
Ohio State University
Lawrence Baum is a professor emeritus of political science at Ohio State University. The primary focus of his research is judicial decision making.
The guarantees of freedom of expression in the U.S. Constitution, like nearly all other constitutional rights, protect only against government actions. When non-governmental organizations such as social media platforms act on their own, without direct involvement by government bodies or officials, they seldom can be charged with violating constitutional rights.
37. Does the Second Amendment Give Me the Right to Carry a Gun? [+–] 130-133
William Merkel
Charleston School of Law
William Merkel is an associate professor at the Charleston School of Law and holds advanced degrees in history as well as law. His work focuses on constitutional law and history and on international law.
William Merkel elucidates competing interpretations and open questions concerning the much discussed Second Amendment. Prior to the Supreme Court’s landmark decision in District of Columbia v. Heller (2008), many scholars and advocates maintained that the Constitution protected only an obsolescent right to arms dependent on service in the lawfully established militia, but Supreme Court caselaw now emphatically protects a private right to possess weapons suitable for self-defense. But is that right unlimited?
38. The Takings Clause [+–] 134-136
Robert Howard
Georgia State University
Robert Howard is a Professor of Political Science at Georgia State University and the Executive Director of the Southern Political Science Association. His research interests are courts and public policy and judicial decision making.
This chapter examines the takings clause of the 5th Amendment. It focuses on what the US Supreme Court considers to be a government taking, and how it defines public use. Through a brief analysis of leading cases, the reader sees how the Court has increased the cost of government taking of property.
39. Is There a Right to Abortion in the Constitution? [+–] 137-139
Chase Porter
California Baptist University
Chase Porter is an assistant professor of political science at California Baptist University. He specializes in the study of judicial politics and the integration of constitutional law, political theory, religion, and American politics
This chapter explores the origins of the right to privacy as a substantive due process right and the application of that right to abortion in Roe v. Wade. The chapter then analyzes the development of standards governing the regulation of abortion and the consequences of overturning Roe.

Equality and Civil Rights

40. How Did the Civil War Amendments Change the Constitution? 143-146
Gbemende Johnson
University of Georgia
Gbemende Johnson is an Associate Professor of Political Science at the University of Georgia.
41. Who Is a Citizen? [+–] 147-150
Anna O. Law
CUNY Brooklyn College
Anna O. Law is Herbert Kurz Chair in Constitutional Rights and Associate Professor of Political Science at CUNY Brooklyn College. Her research and teaching focuses on the intersection between law, politics, and US immigration policy history.
Sorting people into citizens and non-citizens is a way nations determine which people have full rights and privileges. Unfortunately, the US Constitution does not offer much guidance on citizenship until the Civil War and Reconstruction Amendments. Throughout most of U.S. history, citizenship was more exclusionary rather than inclusionary.
42. Does the Constitution Protect Noncitizens? [+–] 151-153
Allen Linken
University of Alabama
Allen Linken is an associate professor of political science at the University of Alabama. He works primarily on judicial decision-making and civil-military relations.
Using the Fourteenth Amendment’s due process and equal protection clauses as a starting point, and discussing the Supreme Court’s decisions on this issue, this chapter discusses some of the Constitutional rights afforded to non-citizens.
43. Does the Equal Protection Clause Cover Gender? [+–] 154-156
Laura P. Moyer
University of Louisville
Laura P. Moyer is an associate professor of political science at the University of Louisville. Her research focuses on gender, race, and the judiciary.
This chapter explores how the Constitution came to protect discrimination based on gender, even though the document only mentions women once in the context of voting rights. A key factor is the legal strategy used by the ACLU Women’s Rights Project that led to several crucial Supreme Court decisions.
44. Equal Protection beyond Race and Sex 157-159
David E. Klein
Eastern Michigan University
David E. Klein is a professor of political science at Eastern Michigan University. His work focuses primarily on judicial decision-making and the development of the law.
45. Regulating Private Discrimination [+–] 160-163
Karen Swenson
Eastern Illinois University
Karen Swenson is a professor in the Political Science Department at Eastern Illinois University and serves as the university’s pre-law advisor. She studies American courts at all levels.
Regulating private discrimination is within the purview of both state and federal governments, with some important exceptions. However, it cannot be accomplished directly under the U.S. constitution due to the state action doctrine.
46. Does the Constitution Permit Affirmative Action? [+–] 164-166
Kyla K. Stepp
Central Michigan University
Kyla K. Stepp is an assistant professor of political science at Central Michigan University. Her research focuses on the intersection of constitutional law, including civil liberties and civil rights, with politics and public policy.
Since the 1970s, the Supreme Court has handed down many decisions regarding the constitutionality of Affirmative Action programs. The Court’s decisions have evolved with changes in society and changes in the makeup of the Court. This chapter will examine the Court’s decisions on Affirmative Action and look at where we stand on this divisive constitutional issue today.
47. Is There a Right to Same-Sex Marriage? 167-169
Robert J. Hume
Fordham University
Robert J. Hume is a professor of political science at Fordham University. He focuses on law and policy.

The Criminal Justice Process

48. Homes and the Fourth Amendment [+–] 173-175
Pamela C. Corley
Southern Methodist University
Pamela C. Corley is an associate professor of political science at Southern Methodist University. She specializes in judicial politics.
The Supreme Court has recognized that the Fourth Amendment gives the home special protection. However, police can come into your home without a warrant and search if there’s an emergency situation. Since the Fourth Amendment only protects people from “unreasonable” searches, there are times when an emergency means the police are acting reasonably.
49. Automobiles and the Fourth Amendment [+–] 176-179
Melinda Gann Hall
Michigan State University
Melinda Gann Hall is Professor at Michigan State University. Her research focuses on state supreme courts, judicial decision making, and judicial selection.
Ever drive or ride in a motor vehicle? Drivers and passengers routinely encounter law enforcement as a result of traffic violations and accidents. With probable cause, police are constitutionally permitted to conduct warrantless searches of automobiles, along with closed containers inside that are believed to contain contraband.
50. Electronic Surveillance and Tracking [+–] 180-182
Tinsley Griffin Hill
Alabama Legislative Services Agency
Tinsley Griffin Hill is a political scientist and attorney for the Alabama Law Institute Division of the Alabama Legislative Services Agency. Her research primarily focuses on state and local courts.
What does a right to privacy mean when applied to your phone, to tracking devices, and to surveillance? The government works to balance personal privacy with safety, but how the Constitution protects electronic records is slow to adapt as new technology is released.
51. Taking the Fifth 183-185
David E. Klein
Eastern Michigan University
David E. Klein is a professor of political science at Eastern Michigan University. His work focuses primarily on judicial decision-making and the development of the law.
52. Police Interrogations and the Miranda Warnings [+–] 186-188
Ryan J. Williams
University of South Alabama
Ryan J. Williams is an assistant professor of political science and criminal justice at the University of South Alabama. His work focuses on U.S. judicial politics, criminal justice, and teaching and learning in the political science classroom.
Created to inform criminal suspects of certain constitutional rights under the Fifth and Sixth Amendments, the Miranda Warnings provide protections for criminal defendants during police interrogation.
53. Why Do Courts Throw Out Good Evidence? [+–] 189-191
Wendy L. Martinek
Binghamton University
Wendy L. Martinek is a professor of political science at Binghamton University. She works primarily on judicial decision making and the design of courts.
Evidence gathered in violation of the Fourth Amendment cannot be used at trial because of the exclusionary rule developed by the U.S. Supreme Court. The Court has, however, identified several exceptions to this rule, such as when the evidence would have been inevitably discovered anyway.
54. Cruel and Unusual Punishments [+–] 192-194
Taneisha N. Means
Vassar College
Taneisha N. Means is an Assistant Professor of Political Science on the Class of 1951 Chair at Vassar College in Poughkeepsie, New York. Her primary research interests are at the intersection of racial and ethnic politics and judicial politics, and she is primarily concerned with the level, nature, and significance of racial and gender diversity in state courts.
The 8th Amendment’s Cruel and Unusual Punishment Clause helps protect and guarantee due process for individuals charged and convicted of criminal offenses. Despite its importance, the amendment is vague, and people, including judges, disagree about the standard the courts should use when determining what cruel and unusual is.

Looking Outward and Forward

55. The U.S. Constitution as an International Model [+–] 197-199
Monica Lineberger
University of Wisconsin-Whitewater
Monica Lineberger is an assistant professor of political science at the University of Wisconsin-Whitewater. Her research examines comparative judicial behavior and institutional design of common law courts.
The U.S. Constitution has been a source of symbolic and substantive inspiration for constitutional design since its ratification. Its key features, such as separation of powers and defined rights are still popular ways of constructing a government around the world. Countries have also imitated infusing cultural significance into their constitutions.
56. Different Approaches to National Constitutions [+–] 200-203
Matthew Reid Krell
Vassar College
Matthew Reid Krell is a Visiting Assistant Professor of political science at Vassar College. His research focuses on the politics of procedure and litigant behavior across multiple contexts.
The U.S. Constitution at the time of its writing represented a massive break from political regimes that came before it; this gave it outsize influence over democratic development throughout the 19th century. But as lessons were learned globally, its influence waned, and the American constitutional order is no longer viewed as especially influential.
57. Does the Constitution Work in a Crisis? [+–] 204-206
David Crockett
Trinity University, San Antonio, Texas
David Crockett is professor of political science at Trinity University in San Antonio, Texas. His primary area of research is the American presidency and presidential elections.
The Framers of the Constitution understood the need for the government to be able to respond energetically in a crisis, and they believed that the quality necessary to do so was “energy.” In order to make energy more likely, the Framers constructed an executive composed of one individual. A single executive should avoid the crippling differences of opinion and rivalry that mark plural institutions, like Congress.
58. Does the Constitution Cause Gridlock? [+–] 207-209
Richard L. Pacelle, Jr.
University of Tennessee
Richard L. Pacelle, Jr. is a professor of political science at the University of Tennessee. His research focuses on public law, mostly notably the Supreme Court and political litigation.
The American political system is marked by gridlock, and many argue the Constitution is to blame. The framers wanted to decentralize government to avoid a concentration of power. The goal was to create a government that was strong, but not too strong, and effective, but not too effective. The framers creating devices for limited government and decentralization: separation of powers, checks and balances, and federalism.
59. Does the Amendment Process Need Amendment? [+–] 210-212
Bruce Peabody
Fairleigh Dickinson University, Madison, New Jersey
Bruce Peabody is a professor of Government and Politics at Fairleigh Dickinson University in Madison, New Jersey. His research interests include constitutional law and politics.
Is the process for altering the Constitution too clumsy, difficult, or confusing? This chapter discusses how we change our supreme law, and the reasons why some people think the existing system promotes stability and works well, and why others conclude it is too restrictive and maybe even anti-democratic.

End Matter

Index 213-214
Joseph L. Smith,David E. Klein
University of Alabama
Joseph L. Smith is a professor and department chair in the Department of Political Science at the University of Alabama. His research focuses on decision-making in the U.S. federal courts.
Eastern Michigan University
David E. Klein is a professor of political science at Eastern Michigan University. His work focuses primarily on judicial decision-making and the development of the law.

ISBN-13 (Hardback)
9781800502840
Price (Hardback)
£55.00 / $65.00
ISBN-13 (Paperback)
9781800502857
Price (Paperback)
£24.95 / $28.95
ISBN (eBook)
9781800502864
Price (eBook)
Individual
£24.95 / $28.95
Institutional
£550.00 / $700.00
Publication
11/04/2023
Pages
226
Size
140 x 216mm
Readership
students and general readers

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