The Handy Law Answer Book. David L Hudson
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employment law, you will read about employment contracts, the employment-at-will doctrine, just-cause clauses, discrimination lawsuits, and the Equal Employment Opportunity Commission. Finally, in tort law, you will discover various causes of action, the elements of a slip-and-fall case, the different type of damages in lawsuits, and the question of tort reform.
Recall the uniqueness of the American legal system. One of the more fascinating aspects of this system is its federalism—the allocation of power between the federal and state governments. Under our legal system, states are granted an impressive degree of discretion to develop their own laws and principles as long as they comport with the fundamental baselines of the U.S. Constitution. In other words, the workers compensation system in Tennessee can differ from the workers compensation system in Louisiana, as long as neither violates the U.S. Constitution. Similarly, personal injury law in California differs from personal injury law in Massachusetts. Different states have different grounds for divorce and different requirements for marriage.
The Handy Law Answer Book follows the format of the “Handy” series with its easily accessible question-and-answer format that provides an overview, a history, leading principles, seminal court rulings, and practical information.
In addition, the book features an array of sidebars titled “LegalSpeak” that seek to provide the actual language of laws and court rulings or to explain difficult legal concepts.
Unless otherwise indicated, the “LegalSpeak” quotes are taken from U.S. Supreme Court decisions.
The Handy Law Answer Book also includes three appendices that explain case and statute citations, provide a list of helpful online resources, and include the full text of the U.S. Constitution. You will also find a helpful glossary of legal terms and an index.
I hope readers enjoy the book as much as I did putting it together.
David L. Hudson, Jr.
THE U.S. CONSTITUTION
What is the primary source of law in the United States?
The primary source of law is the U.S. Constitution, which serves as the blueprint for the country’s legal system. It is the highest form of law. States also have their own constitutions, which serve as their highest forms of legal documents. If a law does not comport with the Constitution, the law is declared unconstitutional or void.
What this means is that other forms of law must comport with the Constitution. In other words, a common legal claim asserted by a party challenging a law is that the law is unconstitutional. This means that the law violates a provision of the Constitution and is unenforceable.
What exactly does the U.S. Constitution do?
This most fundamental of all legal documents defines and limits the powers of the federal government. It also separates and defines the powers of this federal government into three branches of government—the legislative, executive, and judicial branches. The Constitution also establishes the baseline between the federal government and various state governments.
How is the U.S. Constitution composed?
The U.S. Constitution is composed of seven articles. The first three articles are the longest and arguably the most important. These three articles explain the powers of the three branches of government—legislative, executive, and judicial. Article I of the Constitution outlines the powers of the U.S. Congress. Article II outlines the power of the president—the chief officer of the executive branch. Article III outlines the powers of the judicial branch.
The U.S. Constitution is the fundamental document that establishes a balance of power between the branches of the federal government, as well as for indicating what powers are under state or federal control (iStock).
Article IV deals with the states and how the laws of one state are treated in other states. It also deals with how to admit a state to the union. Article V describes the amendment process. Article VI—a very short part of the Constitution—contains the Supremacy Clause, which ensures that federal law and the Constitution are the highest law of the land. Article VII consists of a single sentence explaining that it would take nine states to ratify the Constitution.
How many constitutional amendments have been enacted?
There have been only 27 amendments to the U.S. Constitution in over two centuries. The first ten amendments were added only four years after the ratification of the Constitution. These ten amendments are collectively known as “the Bill of Rights.” The next amendments were added at various times in the nation’s history.
The Amendments to the U.S. Constitution
| Amendment | Issue Addressed |
| 1st Amendment | Freedoms of religion, speech, press, assembly and petition |
| 2nd Amendment | Right to bear arms |
| 3rd Amendment | No quartering of troops in private homes |
| 4th Amendment | No unreasonable searches and seizures |
| 5th Amendment | Right to grand jury, no double jeopardy, freedom from self-incrimination, due process and just compensation |
| 6th Amendment | Speedy trial, public trial, notice of charges, compulsory process, confrontation clause and assistance of counsel |
| 7th Amendment | Right to jury trials in civil cases |
| 8th Amendment | No excessive bail, fines or cruel and unusual punishment |
| 9th Amendment | Asserts unenumerated (nonlisted) rights; that is, that the Bill of Rights provides individual rights beyond those listed in the first eight amendments (e.g., right to privacy) |
| 10th Amendment | Affirms a basic principle of federalism, that power is divided between federal and state governments; reserves powers to the states |
| 11th Amendment | Asserts state sovereign immunity, which shields states from many lawsuits |
| 12th Amendment | President and vice president must be from same political party |
| 13th Amendment | Outlaws slavery and involuntary servitude |
| 14th Amendment | Citizenship, rights of equal protection and due process |
| 15th Amendment | Right to vote |
| 16th Amendment | Income tax |
| 17th Amendment | Popular election of senators |
| 18th Amendment | Prohibition of alcohol |
| 19th Amendment |