Test Bank for Constitutional Law Principles and Practice 2nd Edition by Joanne Banker Hames, Yvonne Ekern 9781111648541 1111648549

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• ISBN 10:1111648549 

• ISBN 13:9781111648541

• Author:Joanne Banker Hames, Yvonne Ekern 

Constitutional Law: Principles and Practice
Specifically written for paralegal students, CONSTITUTIONAL LAW: PRINCIPLES AND PRACTICE, 2nd Edition identifies and explains the concepts behind constitutional law and connects them to everyday experiences both inside the law practice and out. Carefully edited for non-lawyers, the major cases presented show how the Supreme Court’s decisions impact lawyers, lawmakers, and the general public, while breaking down complex legal concepts for easier comprehension. Each chapter also contains learning objectives, review and analysis questions, and vocabulary terms to build your confidence with the material, and demonstrate the ways paralegals perform in the workplace. Focusing on practical application, CONSTITUTIONAL LAW: PRINCIPLES AND PRACTICE, 2nd Edition offers multiple hands-on opportunities to help you excel.Helpful appendices include samples of commonly used legal documents, while information-packed readings deliver hypothetical cases, ethical dilemmas, and end-of-chapter assignments designed to hone your analytical skills. 

Constitutional Law Principles and Practice 2nd Table of contents:

1. Introduction to Constitutional Law
Historical Background
Magna Carta
English Bill of Rights
Declaration of Independence
Articles of Confederation
The Constitutional Convention
The U.S. Constitution
Preamble
Articles
Amendments
The Constitution and Case Law
How Case Law Originates
The Court Syllabus
Locating Supreme Court Cases
How to Read a Supreme Court Case
Become Familiar with the Terminology Used by the Court
Distinguish the Syllabus and Editorial Enhancements from the Court’s Opinion
Distinguish the Majority Opinion from Concurring and Dissenting Opinions
Identify the Case Name and Citation
Identify the Various Parts of the Court’s Opinion
The Constitution and Other Sources of U.S. Law
Statutory Law
State Constitutions
Case Law
Chapter Summary
Key Terms
Questions for Review
Questions for Analysis
Assignments and Projects
Putting It into Practice
Group Activity
2. The Constitution and the Federal Government: An Overview
Federalism
Separation of Powers and Checks and Balances
The Legislative Branch (Article I)
Qualification and Selection of Legislators
Compensation of Legislators
Legislative Protections
The Legislative Process
Powers of Congress
The Executive Branch (Article II)
Presidential Qualifications
Presidential Election Process
Impeachment of the President
Executive Privilege
Executive Immunity
Executive Orders and Presidential Proclamations
Executive Powers
The Judicial Branch (Article III)
Federal Courts and Judges
Judicial Powers
The Judiciary Act of 1789
Subsequent Legislation
Constitutional versus Legislative Courts
The Federal Court System
Federal Trial Courts
U.S. Courts of Appeals (28 U.S.C. § 41 et seq.)
Court of Appeals for the Armed Forces (Article I Court)
U.S. Supreme Court
Chapter Summary
Key Terms
Questions for Review
Questions for Analysis
Assignments and Projects
Putting It into Practice
Group Activity
3. Federal Judicial Power
Jurisdiction of the Federal Courts
Subject Matter Jurisdiction
Original versus Appellate Jurisdiction
Supreme Court Original Jurisdiction
Supreme Court Appellate Jurisdiction
Writ of Certiorari
Case or Controversy: Justiciability
Mootness
Ripeness
Standing
Political Question
The Nature of Judicial Power
Judicial Review
Sovereign Immunity and the Eleventh Amendment
The Relationship between Federal and State Courts
Concurrent Jurisdiction
Abstention Doctrine
Supreme Court Review of State Court Decisions
Supremacy Clause
Chapter Summary
Key Terms
Questions for Review
Questions for Analysis
Assignments and Projects
Putting It into Practice
Group Activity
4. Federal Legislative Powers
The Legislative Power in General
Taxation and Spending Powers
Limitations on the Power to Tax
Income Tax: Direct or Indirect
Regulation versus Revenue
Taxes in Conflict with Other Constitutional Provisions
Spending Power
Interstate Commerce Power
Commerce and the Supreme Court
Interstate Commerce and Congress
Limits on the Power to Regulate Interstate Commerce
War Powers
Fiscal Powers
Power to Investigate
Delegation of Congressional Powers
Chapter Summary
Key Terms
Questions for Review
Questions for Analysis
Assignments and Projects
Putting It into Practice
Group Activity
5. Federal Executive Power
Express versus Inherent Powers
The President as Commander in Chief
Military Action in the Absence of Congressional Declaration of War
Limits of Powers as Commander in Chief
Executive Power and the War on Terror
Hamdi v. Rumsfeld
Rasul v. Rumsfeld
Hamdan v. Rumsfeld
Boumediene v. Bush
Treaties and Executive Agreements
Appointment Power
Power to Pardon
Chapter Summary
Key Terms
Questions for Review
Questions for Analysis
Assignments and Projects
Putting It into Practice
Group Activity
6. State Powers and the Constitution
Federal Preemption
Express Preemption
Field Preemption
Conflict Preemption
Dormant Commerce Clause
Discriminatory State Laws
Market Participant Exception
Burden on Interstate Commerce versus Local Benefit
State Tax Laws and Commerce
State Laws and Immigration
Other Constitutional Challenges to State Laws
Chapter Summary
Key Terms
Questions for Review
Questions for Analysis
Assignments and Projects
Putting It into Practice
Group Activities
7. Constitutional Protections of Civil Rights and Liberties
Civil Rights and Liberties: Sources of Protections
Original Constitutional Protections
Protections Found in the Bill of Rights
Protections of the Second Amendment
Protections Found in Other Amendments
The Bill of Rights and State Government
The Fourteenth Amendment
The Incorporation Doctrine
Due Process Clauses of the Fifth and Fourteenth Amendments
The Equal Protection Clause of the Fourteenth Amendment
Privileges and Immunities Clause of the Fourteenth Amendment
Congress and Civil Rights Legislation
State Action Doctrine
Interstate Commerce Clause
Emerging Issues—Same-Sex Marriage
Enforcement of Civil Rights
Chapter Summary
Key Terms
Questions for Review
Questions for Analysis
Assignments and Projects
Putting It into Practice
Group Activities
8. Equal Protection
Classification versus Invidious Discrimination
Application of the Equal Protection Clause to State and Federal Government
State Employees
Federal Government
Private Discrimination and State Action
How the Supreme Court Reviews Laws for Equal Protection Violations
Suspect Class
Fundamental Rights
Rational Basis Test
Strict Scrutiny
Intermediate Level of Scrutiny
Violations of Equal Protection: Applying the Tests
Race, Ethnicity, and National Origin (Strict Scrutiny)
Gender (Intermediate Scrutiny)
Alien Status (Strict or Intermediate Scrutiny)
Other Classifications
Equal Protection and Voting Rights
Voter Qualifications
Access to Ballot
One Person, One Vote: Apportionment and Districting
Uncounted Votes
Remedies for Violations of Equal Protection
Desegregation and Schools
Affirmative Action
Nonlegislative Remedies
Chapter Summary
Key Terms
Questions for Review
Questions for Analysis
Assignments and Projects
Putting It into Practice
Group Activities
9. Due Process
Due Process—An Overview
Who Is Considered a Person?
What Constitutes Government Action?
How Liberty and Property Are Interpreted
Substantive Due Process
Standard for Determining Substantive Due Process Violations
Substantive Due Process and Liberty
Substantive Due Process and Property
Procedural Due Process
Standards for Determining Procedural Due Process Violations
Procedural Due Process and Criminal Cases
Procedural Due Process and Civil Lawsuits
Procedural Due Process and Government Agencies
Chapter Summary
Key Terms
Questions for Review
Questions for Analysis
Assignments and Projects
Putting It into Practice
Group Activity
10. Economic Freedom and Property Rights
Economic Due Process
Substantive Due Process and Labor Laws
Substantive Due Process and Regulation of Businesses
The Fifth Amendment Takings Clause
Public Use
Taking: Physical versus Regulatory
Taking: Judicial
Property Subject to the Takings Clause
Just Compensation
Taking versus Forfeiture
The Contract Clause
“Law” and the Contract Clause
Obligation of Contracts
The Contract Clause versus State Police Power
Chapter Summary
Key Terms
Questions for Review
Questions for Analysis
Assignments and Projects
Putting It into Practice
Group Activities
11. Freedom of Expression
Background
Freedom of Speech
What Speech Is
Why Speech Is Protected
Symbolic Speech
Public Forum
Compelling a Person to Speak
Political Campaign Finance Laws
Obscenity
Defamation
Fighting Words
Hate Speech
Speech Intended to Incite Illegal Action
Speech that is Harmful or Violent
School Speech /Speech in Educational Institutions
Commercial Speech
Peaceable Assembly and the Right to Petition
Freedom of the Press—The Press Clause of the First Amendment
Freedom of the Press and the Right of a Defendant to a Fair Trial
Fairness of Trials and Prior Restraints
Access to Prisoners and Courtrooms
Reporters’ Privilege
When Government May Require the Press to Disseminate Certain Messages
Taxes and the Press
Sales Tax on the Sale of Cable Television Services
Chapter Summary
Key Terms
Questions for Review
Questions for Analysis
Assignments and Projects
Putting It into Practice
Group Activities
12. Freedom of Religion
Religious Protections of the First Amendment
What Is Religion?
Attempts at Defining Religion: Selective Service Act
The Establishment Clause
Separation of Church and State
Major Theories on Establishment Clause Interpretation
Public Display of Religious Symbols
Education and Religion
School Prayer
The Issue of Evolution
Financial Aid to Religion
Threshold Standing Issues
Tax Exemptions for Churches
Aid to Parochial Schools and Students
Aid to Religious Colleges and Universities
The Free Exercise Clause
Religious Conduct
Jehovah’s Witnesses Cases
Unemployment Benefits
Compulsory Education: Amish Children
Sunday Closing Laws
Religious Freedom Restoration Act
Religious Land Use and Institutionalized Persons Act
Chapter Summary
Key Terms
Questions for Review
Questions for Analysis
Assignments and Projects
Putting It into Practice
Group Activity
13. The Right to Privacy Under Due Process and the Equal Protection Clause
The Right to Privacy
The Ninth Amendment
The Right to Marry
The Right to Reproductive Freedom
Contraception
Abortion Rights
Constitutional Protection for Sexual Acts and Sexual Orientation
Same Sex Marriage
The Right to Die
Chapter Summary
Key Terms
Questions for Review
Questions for Analysis
Assignments and Projects
Putting It into Practice
Group Activity
14. Criminal Justice and the Constitution
The Exclusionary Rule
The Fourth Amendment: Search and Seizure
Definitions of Search and Seizure
Reasonableness and Probable Cause
Warrants
Contemporary Issues
The Fifth Amendment: Self-Incrimination, Grand Jury, and Double Jeopardy
Self-Incrimination
Grand Jury
Double Jeopardy
The Sixth Amendment: Right to Counsel and a Fair Trial
Right to Counsel
Right to a Fair Trial
The Eighth Amendment: Bail and Cruel and Unusual Punishment
Bail
Cruel and Unusual Punishment: Proportionality
The Juvenile Justice System
Chapter Summary
Key Terms
Questions for Review
Questions for Analysis
Assignments and Projects
Putting It into Practice
Group Activity
Appendix A. The Constitution of the United States
Appendix B. Historical Documents
Appendix C. Legal Documents—Constitutional Law and the Courts
Appendix D. Excerpt from Petition for Writ of Certiorari
Appendix E. Petition for Writ of Habeas Corpus
Appendix F. Darrow’s Examination of Bryan in the Scopes Trial
Appendix G. Selections from Attorney Briefs to the Supreme Court in
 

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