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Constitutional Law
13th Edition
Chapter 1
History, Structure, and Content
of the United States
Constitution
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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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1 History, Structure, and Content
Introduction
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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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1 History, Structure, and Content
Structure of the Constitution
• Legislative branch
o
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House of Representatives
Senate
• Executive branch
• Judicial branch
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1 History, Structure, and Content
Separation of Powers

Most important powers from Article I, Section 8:
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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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1 History, Structure, and Content
Federal Government (Part I)
• 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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1 History, Structure, and Content
Federal Government (Part II)
The first ten Amendments to the U.S.
Constitution are called the Bill of Rights.
• The most important safeguards are found in
First, Fourth, Fifth, Sixth, and Eighth
Amendments.
• The Bill of Rights constituted a declaration of
rights that the American people had against
the federal government.
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1 History, Structure, and Content
The Bill of Rights
• Makes most of the Bill of Rights apply to the
states
• Prevents the states from depriving people of
the following without due process of law:
o Life
o Liberty
o Property
• Makes it illegal to deny any person equal
protection under the laws
• Gives Congress the power to pass legislation
enforcing these restrictions
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1 History, Structure, and Content
The Fourteenth Amendment
• Procedural due process
o The government must give notice and
a hearing before depriving a person of
life, liberty, or property
• Substantive due process
o Protection of fundamental rights
o Remedies for egregious misconduct
by public officials
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1 History, Structure, and Content
Due Process
Three levels of scrutiny:
• Low
o Statutory classifications not based on
race, color, religion, national origin, or
gender
• Intermediate
o Gender classification
• Strict
o Classifications based on race, color,
religion, and national origin
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1 History, Structure, and Content
Equal Protection of the Laws
Cases from state prisoners generally reach the
Supreme Court by two routes:
1. Direct review
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Available after the defendant has received a final
judgment from the highest state court
Appeal must involve a federal question
2. Habeas corpus review
o Used to secure release from unlawful
confinement
o Allows state prisoners to have a federal judge
review the constitutionality of their conviction
in state court
o Collateral attack on a state court judgment
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1 History, Structure, and Content
Constitutional Questions
Constitutional violations carry serious
consequences, including:
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Exclusion of evidence
Reversal of criminal conviction
Disciplinary action
Civil liability
Criminal conviction
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1 History, Structure, and Content
Constitutional Violations