Download Constitutional Law, Fourteenth Edition

CONSTITUTIONAL LAW FOR CRIMINAL JUSTICE,
FOURTEENTH EDITION
JACQUELINE R. KANOVITZ
© TAYLOR AND FRANCIS, 2015
CHAPTER 1
HISTORY, STRUCTURE, AND CONTENT OF THE
UNITED STATES CONSTITUTION
© TAYLOR & FRANCIS, 2015
INTRODUCTION
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of
Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of
America.
- Preamble to the U.S. Constitution
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STRUCTURE OF THE CONSTITUTION
 Article I: legislative branch
 Article II: executive branch
 Article III: judicial branch
 Article IV: duties states owe one another
 Article V: procedures for amending the Constitution
 Article VI: "supremacy clause"
 Article VII: historical importance only
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SEPARATION OF POWERS OF THE U.S. GOVERNMENT
 Articles I, II, and III separate the powers of the national government into three branches
 Legislative branch
 House of Representatives
 Senate
 Executive branch
 Judicial branch
 This allocation is fixed and cannot be altered through encroachment or delegation
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POWERS OF FEDERAL GOVERNMENT (PART I)
 These powers are found mainly in Article I, Section 8:
 Levy taxes
 Borrow money
 Regulate interstate and foreign commerce
 Establish national rules for immigration, naturalization, and bankruptcy
 Coin money
 Establish post offices and post roads
 Secure for authors and inventors exclusive right to writings and discoveries for a limited time
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POWERS OF FEDERAL GOVERNMENT (PART II)
 Establish judicial tribunals inferior to the Supreme Court
 Make and enforce laws related to piracy or felonies committed on the high seas
 Declare war
 Raise an army and navy
 Organize a militia
 Govern the District of Columbia and all federal enclaves and establishments
 Enact all laws necessary and proper
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FEDERAL/STATE DIVISION OF POWER
 Article I, Section 8 lists the powers delegated to the federal government.
 Article I, Section 10 prohibits the States from exercising certain powers.
 The Tenth Amendment reserves all remaining powers to the states.
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POWERS THE STATES ARE FORBIDDEN TO EXERCISE
 Article I, Section 10 forbids the states:
 Enter into treaties, alliances, or confederations.
 Coin money, emit bills of credit, or make anything besides gold or silver coin legal tender
in payment of debts.
 Lay duties on imports or exports without the consent of Congress.
 Keep troops or ships of war in times of peace.
 Pass any bill of attainder, ex post facto law, or law impairing the obligations of contract.
© TAYLOR & FRANCIS, 2015
THE BILL OF RIGHTS
 The first ten Amendments are called the Bill of Rights. The most important are:
 First Amendment (guarantees freedom of speech, press, religion, assembly, petition)
 Fourth Amendment (protection against unreasonable searches and seizures)
 Fifth Amendment (protection against self-incrimination, double jeopardy. etc.)
 Sixth Amendment (guarantees right to jury trial, assistance of counsel, etc.)
 Eighth Amendment (protection against excessive bail, fines, and cruel and unusual punishments)
 The Bill of Rights constituted a declaration of rights of the American people against the federal government.
© TAYLOR & FRANCIS, 2015
THE FOURTEENTH AMENDMENT
1. Makes most of the Bill of Rights apply to the states
2. Prevents the states from depriving people of the following without due process of
law:
 Life
 Liberty
 Property
3. Makes it illegal to deny any person equal protection under the laws
4. Gives Congress the power to pass legislation enforcing these restrictions
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DUE PROCESS
 Procedural due process
 The government must give notice and a hearing before depriving a person of life, liberty,
or property
 Substantive due process
 Protects fundamental rights
 Prohibits egregious misconduct by public officials
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EQUAL PROTECTION OF THE LAWS
 Three levels of scrutiny:
 Low
 Statutory classifications not based on race, color, religion, national origin, or gender
 Intermediate
 Gender-based classifications
 Strict
 Classifications based on race, color, religion, and national origin
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CONSTITUTIONAL QUESTIONS
 Cases from state prisoners generally reach the Supreme Court by two routes:
1. Direct review
 Available after the defendant has received a final judgment from the highest state court
 Appeal must involve a federal question
2. Habeas corpus review
 Used to secure release from unlawful confinement
 Petitions for a writ of habeas corpus are filed in a federal district court. If the claim is denied, the prisoner
appeals to the United States Court of Appeals and from there, to the Supreme Court
 Allows prisoners to have a federal judge review the constitutionality of their state court conviction
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CONSTITUTIONAL VIOLATIONS
 Constitutional violations carry serious consequences, including:
 Exclusion of evidence
 Reversal of criminal conviction
 Disciplinary action
 Civil liability
 Criminal conviction
© TAYLOR & FRANCIS, 2015