Ellen M. Kozak - The Everything U.S. Constitution Book

THE
EVERYTHING
U.S. CONSTITUTION BOOK

Dear Reader,

The first time I encountered the U.S. Constitution, half a century ago, just a week of our mandatory high school American History course was devoted to how a bill becomes a law, the three branches of government, and the Bill of Rights. Over the next ten years, studying the Constitution first as an undergraduate and later as a law student, my classmates and I never considered that anyone discussing the Constitution might have an agenda. The Constitution was the Constitution, or so we thought.

Today, as elections have become increasingly polarized, so have interpretations of what the Constitution was or was not intended to mean. People wave it as a banner, convinced their interpretations are the only interpretations.

In writing this book, I have tried to stick with the attitude of that earlier time when I first read the Constitution to rely on the law as it stands, without trying to say whether laws are good or badthey simply are. The genius of the document that has governed the United States for two and a quarter centuries is that it has managed to evolve with the American people and reflect who they have become. The laws written to complement it may change, but even as new laws are written, or old ones are interpreted differently, the Constitutions basic functions and principles remain the same. The purpose of this book is to help you understand how it works, why it works that way, and how it has changed over the years.

Welcome to the EVERYTHING Series!

These handy, accessible books give you all you need to tackle a difficult project, gain a new hobby, comprehend a fascinating topic, prepare for an exam, or even brush up on something you learned back in school but have since forgotten.

You can choose to read an Everything book from cover to cover or just pick out the information you want from our four useful boxes: e-questions, e-facts, e-alerts, and e-ssentials. We give you everything you need to know on the subject, but throw in a lot of fun stuff along the way, too.

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PUBLISHER Karen Cooper

DIRECTOR OF ACQUISITIONS AND INNOVATION Paula Munier

MANAGING EDITOR, EVERYTHING SERIES Lisa Laing

COPY CHIEF Casey Ebert

ASSISTANT PRODUCTION EDITOR Jacob Erickson

ACQUISITIONS EDITOR Lisa Laing

ASSOCIATE DEVELOPMENT EDITOR Hillary Thompson

EDITORIAL ASSISTANT Ross Weisman

EVERYTHING SERIES COVER DESIGNER Erin Alexander

LAYOUT DESIGNERS Colleen Cunningham, Elisabeth Lariviere, Ashley Vierra, Denise Wallace

Visit the entire Everything series at www.everything.com

THE
EVERYTHING
U.S. CONSTITUTION BOOK

An easy-to-understand explanation of the foundation of American government

Ellen M. Kozak

For my sisters

Copyright 2011 by F+W Media, Inc. All rights reserved. This book, or parts thereof, may not be reproduced in any form without permission from the publisher; exceptions are made for brief excerpts used in published reviews.

An Everything Series Book.

Everything and everything.com are registered trademarks of F+W Media, Inc.

Contains material adapted and abridged from The EverythingFounding Fathers Book, by Meg Greene, MA, MS, and Paula M. Stathakis, PhD, copyright 2011 by F+W Media, Inc., ISBN 10: 1-4405-2586-2, ISBN 13: 978-1-4405-2586-5; The EverythingCivil War Book, 2nd Edition by Brooke C. Stoddard and Daniel P. Murphy, PhD, copyright 2009, 2000 by F+W Media, Inc., ISBN 10: 1-59869-922-9, ISBN 13: 978-1-59869-922-7; The EverythingAmerican History Book,2nd Edition by John R. McGeehan, MA, copyright 2007, 2001 by F+W Media, Inc.,

ISBN 10: 1-59869-261-5, ISBN 13: 978-1-59869-261-7.

Published by Adams Media, a division of F+W Media, Inc.

57 Littlefield Street, Avon, MA 02322 U.S.A.

www.adamsmedia.com

ISBN 10: 1-4405-1274-4
ISBN 13: 978-1-4405-1274-2
eISBN 10: 1-4405-2561-7
eISBN 13: 978-1-4405-2561-2

Printed in the United States of America.

10 9 8 7 6 5 4 3 2 1

Library of Congress Cataloging-in-Publication Data
Kozak, Ellen M.

The everything U.S. Constitution book / Ellen M. Kozak.

p. cm.

Includes bibliographical references.

ISBN-13: 978-1-4405-1274-2 (alk. paper)
ISBN-10: 1-4405-1274-4 (alk. paper)
ISBN-13: 978-1-4405-2561-2 (e-book)
ISBN-10: 1-4405-2561-7 (e-book)
1. Constitutional lawUnited StatesPopular works. 2. Law for laypersons I. Title.

KF4550.Z9K69 2011
342.7302dc22
2011006246

This publication is designed to provide accurate and authoritative information with regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional advice. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.

From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations

Many of the designations used by manufacturers and sellers to distinguish their products are claimed as trademarks. Where those designations appear in this book and Adams Media was aware of a trademark claim, the designations have been printed with initial capital letters.

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Contents

Acknowledgments

So many to thank, so little space:

First and foremost, there was the late Phoebe Morrison, lawyer, judge, and professor, who inspired so many Barnard women to become lawyers in an era when women werent welcome in a mans profession;

The late Judge Myron L. Gordon, who hired me as his law clerk and gave me a chance to see the workings of a federal court from the inside;

My friend Marshall Segal, not only for being supportive, but also for having moved my admission to the U.S. Supreme Court;

Larry Church, for taking the time to supply a valuable jump-start;

Three PamsBrown, Burden, and Lichtensteingood friends all;

Sharon Jarvis, Sherman Stock, Bill Lemieux, Alice Kehoe, Reg Sprecher, Karla Benton, Patty Levine, and Jim and Judy Nortman, for their varied assistance and support;

Martha Andes Ziskind, Dee McGarity, and Ralph Ehlinger, for their insights and suggestions;