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Your complete guide to understanding the U.S. Constitution.
Want to make sense of the U.S. Constitution? This new edition walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents—and sparked ongoing debates along the way. You’ll get the lowdown on all the big issues—from separation of church and state to impeachment to civil rights—that continue to affect Americans' daily lives. Plus, you’ll find out about U.S. Constitution concepts and their origins, the different approaches to interpretation, and how the document has changed over the past 200+ years.
Inside, you’ll find fresh examples of Supreme Court Rulings such as same sex marriage and Healthcare Acts such as Obamacare. Explore hot topics like what it takes to be elected Commander in Chief, the functions of the House and Senate, how Supreme Court justices are appointed, and so much more.
Trace the evolution of the Constitution Recognize the power of the U.S. Supreme Court Get details on recent Supreme Court decisions Find new examples of the Bill of RightsConstitutional issues are dominating the news—and now you can join the discussion with the help of U.S. Constitution For Dummies.
418 pages, Kindle Edition
Published May 15, 2018
For good or for ill, the meaning of the Constitution has often been very much in the hands of the nine justices of the U.S. Supreme Court. This book goes in depth into the different approaches adopted by different justices over the years. Dr. Arnheim explains his own interpretations in simple, direct language, and he also explains why he favors the approach that he adopts — while at the same time setting out the opposing views.
For example, Justices William Brennan and Thurgood Marshall both believed that the death penalty always constituted “cruel and unusual punishment.” Dr. Arnheim explains why he believes they were wrong — based on the text of the Constitution itself. But Dr. Arnheim goes further, arguing that Justices Brennan and Marshall were really confusing what the Constitution actually says with what they as judges thought it ought to have said. There are serious policy arguments both for and against capital punishment — but given that the constitutional text twice explicitly authorizes capital punishment, the only proper way to change that would be a constitutional amendment as laid down in Article V of the Constitution. And an amendment is unlikely to be passed, because large majorities of the American people have consistently supported capital punishment for the very worst criminals. Accordingly, a judge imposing his or her views on the issue is not only unconstitutional, it is also undemocratic.
Likewise, in 2008, the Supreme Court decided District of Columbia v. Heller, holding for the fi rst time that the Second Amendment protects an individual right to keep and bear arms (discussed in depth in Chapter 15). Texas led 31 states in defense of the Second Amendment in that case, and our arguments for giving force to the plain text of the Constitution and the original understanding of the Framers prevailed by a vote of 5 to 4.
The Constitution is designed to limit government and to protect all the freedoms that you and I cherish as Americans.
So, how does an indirect democracy stand up to Lincoln's three-part test?
* Government of the people: This is the easy one. Any government is automatically a government of the people. It doesn't have to be a democratic form of government. A monarchy, a dictatorship, an oligarchy - all are governments of the people, but they aren't governments by the people.
* Government by the people: This is the elusive one. Government by the people has never existed in the United States - and could never exist. So what was Abe Lincoln thinking of? Or did he just figure that it had a nice ring to it as part of a threesome?
* Government for the people: Every government of every kind everywhere in the world always maintains that it governs in the interest of its people - or for the people. This is not a specifically democratic feature at all.
In fairness to Abe, he probably figured that the sort of indirect, representative democracy that we have in the United States was actually government by the people - a pretty dangerous assumption to make by a guy who got into the White House with just 39.8 percent of the popular vote.