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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
1 History, Structure, and Content
Structure of the Constitution
•Article I: legislative branch
•Article II: executive branch
1 History, Structure, and Content
Separation of Powers
•Legislative branch
1 History, Structure, and Content
Federal Government (Part I)
Most important powers from Article I, Section 8:
•Levy taxes
•Borrow money
•Regulate interstate and foreign commerce
1 History, Structure, and Content
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
1 History, Structure, and Content
The Fourteenth Amendment
•Makes most of the Bill of Rights apply to the
states
•Prevents the states from depriving people of
1 History, Structure, and Content
Due Process
•Procedural due process
oThe government must give notice and
1 History, Structure, and Content
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
1 History, Structure, and Content
Constitutional Violations
Constitutional violations carry serious
consequences, including:
•Exclusion of evidence
1 History, Structure, and Content
