Table of Contents

Preface
Origins
Why do we have a Constitution? James Todd (Palm Beach Atlantic University)
Who wrote the Constitution? Madison Shanks and Kirk A. Randazzo (both at University of South Carolina)
Human nature and the Constitution David Lay Williams (DePaul University)
Racism in the Constitution Leslie F. Goldstein (University of Delaware)
Emulation and innovation in the constitutional system A.K. Shauku (SUNY Buffalo)
How can we tell what the Constitution means? Sara C. Benesh (University of Wisconsin, Milwaukee)
Is the Constitution what the justices say it is? Joseph L. Smith
Congress and the States
What can states do? John D. Nugent (Connecticut College)
What is ‘commerce among the several states,’ and why does it matter? H. W. Perry (University of Texas, Austin)
What can’t states do? Joseph L. Smith
How can governments use the power to tax? Jolly A. Emrey (University of Wisconsin, Whitewater)
Why is it hard to sue a state? Susan W. Johnson (University of North Carolina, Greensboro)
Conflicts between the Branches
What is the purpose of separation of powers? Joseph L. Smith
The President as chief executive David Crockett (Trinity University. San Antonio)
The crucial power to appoint and remove officials Robert J. Hume (Fordham University)
Who really makes the laws? Eric Heberlig (University of North Carolina, Charlotte)
Executive orders: statutes in disguise? Chris Edelson (American University)
Can the President start a war? Rebecca U. Thorpe (University of Washington, Seattle)
How can we get rid of a bad President? Donald A. Zinman (Grand Valley State University)
Judicial review Allyson Yankle (Radford University)
The challenge of judicial independence Charles Gardner Geyh (Indiana University)
Representative Democracy
Who can vote? Greg W. Vonhamme (University of Missouri, Kansas City)
Why is my congressional district such a weird shape? Jeffrey L. Bernstein (Eastern Michigan University)
Is the Electoral College undemocratic? Sheahan Virgin (Grinnell College)
Why do Wyoming and California have the same number of senators? Ben Kassow (University of North Dakota)
Term lengths, stability, and responsiveness Beth Henschen (Eastern Michigan University)
Can the Constitution handle political parties? Michael Catalano (SUNY, Binghamton)
Campaign finance and the First Amendment Bruce Larson (Gettysburg College)
Is the administrative state unconstitutional? Christine Kexel Chabot Loyola University Chicago)
Individual Liberties
Does the Constitution protect hate speech? Tim Johnson (University of Minnesota)
Does the Constitution protect the right to lie? Keith Bybee (Syracuse University)
Can I be prosecuted for telling someone to break the law? David E. Klein
Do the media have special rights? Mark J. Richards (Grand Valley State University)
Is all religious behavior protected? Barry Pyle (Eastern Michigan University)
Separation of church and state Chris Kromphardt (University of Iowa)
Does a Twitter ban violate the Constitution? Lawrence Baum (Iowa State University)
Does the Second Amendment give me the right to carry a gun? William Merkel (Charleston School of Law)
Private property and the takings clause Bob Howard (Georgia State University)
Is there a right to abortion in the Constitution? Chase Porter (California Baptist University)

Equality and Civil Rights
How did the Civil War amendments change the Constitution? Gbemende Johnson (Hamilton College)
Who is a citizen? Anna O. Law (CUNY Brooklyn College)
Does the Constitution protect non-citizens? Allen Linken (University of Alabama)
Does the equal protection clause cover gender? Laura P. Moyer (University of Louisville)
Equal protection beyond race and sex David E. Klein
Regulating private discrimination Karen Swenson (Eastern Illinlois University)
Does the Constitution permit affirmative action? Kyla K. Stepp (Central Michigan University)
Is There a right to same-sex marriage? Robert J. Hume
The Criminal Justice Process
Homes and the Fourth Amendment Pamela C. Corley (Southern Methodist University)
Automobiles and the Fourth Amendment Melinda Gann Hall (Michigan State University)
Electronic surveillance and tracking Tinsley Griffin Hill (Alabama Legislative Services Agency)
Taking the Fifth David E. Klein
Police interrogations and the Miranda Warnings Ryan J. Williams (University of South Alabama)
Why do courts throw out good evidence? Wendy L. Martinek (Binghamtpon University)
Cruel and unusual punishments Taneisha N. Means (Vassar College)
Looking Outward and Forward
The U.S. Constitution as an international model Monica Lineberger (University of Wisconsin, Whitewater)
Different approaches to national constitutions Matthew Reid Krell (Vassar College)
Does the Constitution work in a crisis? David Crockett
Does the Constitution cause gridlock? Richard L. Pacelle, Jr. (University of Tennessee)
Does the amendment process need amendment? Bruce Peabody (Farleigh Dickinson University)

About the Author

Joseph L. Smith is Professor and Department Chair in the Department of Political Science at the University of Alabama. David Klein is professor of political science at Eastern Michigan University. Joseph L. Smith is Professor and Department Chair in the Department of Political Science at the University of Alabama. David Klein is professor of political science at Eastern Michigan University.