History, Structure, and Content of the United States Constitution Constitutional Law 12th Edition The University of Adelaide, School of Computer Science 18 February 2019 Chapter 1 History, Structure, and Content of the United States Constitution Chapter 2 — Instructions: Language of the Computer 1

Copyright © 2010, Elsevier Inc. All rights Reserved. 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  Copyright © 2010, Elsevier Inc. All rights Reserved.

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 Copyright © 2010, Elsevier Inc. All rights Reserved.

Copyright © 2010, Elsevier Inc. All rights Reserved. Separation of Powers legislative branch House of Representatives Senate executive branch judicial branch Copyright © 2010, Elsevier Inc. All rights Reserved.

Federal Government (Part I)  Most important powers from 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 Copyright © 2010, Elsevier Inc. All rights Reserved.

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 Copyright © 2010, Elsevier Inc. All rights Reserved.

The Fourteenth Amendment 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: Life liberty property makes it illegal to deny any person equal protection under the laws gives Congress the power to pass legislation enforcing these restrictions Copyright © 2010, Elsevier Inc. All rights Reserved.

Copyright © 2010, Elsevier Inc. All rights Reserved. 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 protection of fundamental rights remedies for egregious misconduct by public officials Copyright © 2010, Elsevier Inc. All rights Reserved.

Equal Protection of the Laws Three levels of scrutiny: low statutory classifications not based on race, color, religion, national origin, or gender intermediate gender classification strict classifications based on race, color, religion, and national origin Copyright © 2010, Elsevier Inc. All rights Reserved.

Constitutional Questions Cases from state prisoners generally reach the Supreme Court by two routes: direct review available after the defendant has received a final judgement from the highest state court appeal must involve a federal question habeas corpus review used to secure release from unlawful confinement allows state prisoners to have a federal judge review the constitutionality of their conviction in state court collateral attack on a state court judgement Copyright © 2010, Elsevier Inc. All rights Reserved.

Constitutional Violations Constitutional violations carry serious consequences, including: exclusion of evidence reversal of criminal conviction disciplinary action civil liability criminal conviction  Copyright © 2010, Elsevier Inc. All rights Reserved.