Chapter 1
History, Structure, and Content
of the United States
Constitution
Constitutional Law
13th Edition
Introduction
We the People of the United States, in Order to form a
more perfect Union, establish Justice, insure domestic
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Structure of the Constitution
•Article I: legislative branch
•Article II: executive branch
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Separation of Powers
•Legislative branch
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Federal Government (Part I)
Most important powers from Article I, Section 8:
•Levy taxes
•Borrow money
•Regulate interstate and foreign commerce
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Federal Government (Part II)
•Establish judicial tribunals inferior to the
Supreme Court
•Make and enforce laws related to piracy or
The Bill of Rights
The first ten Amendments to the U.S.
Constitution are called the Bill of Rights.
•The most important safeguards are found in
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The Fourteenth Amendment
•Makes most of the Bill of Rights apply to the
states
•Prevents the states from depriving people of
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Due Process
•Procedural due process
oThe government must give notice and
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Equal Protection of the Laws
Three levels of scrutiny:
•Low
oStatutory classifications not based on
Constitutional Questions
Cases from state prisoners generally reach the
Supreme Court by two routes:
1. Direct review
2. Habeas corpus review
oUsed to secure release from unlawful
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Constitutional Violations
Constitutional violations carry serious
consequences, including:
•Exclusion of evidence
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