Introduction to Constitutional Law

Overview

• Professor Tracy's lecture is an introduction to constitutional law.
• Purpose: to remind students of the workings of government and introduce broad concepts.
• Encouragement to read the US Constitution for context.

Structure of the US Constitution

• Seven Articles:
  1. Legislative Branch (Congress): Article I
  2. Executive Branch (President, Vice President, Executive Agencies): Article II
  3. Judicial Branch (Supreme Court, Lower Federal Courts): Article III
  4. States: Article IV
  5. Amendments Process: Article V
  6. Supremacy Clause: Article VI
  7. Ratification Process: Article VII

Amendments to the Constitution

• 27 Amendments in total.
• Bill of Rights (First 10 Amendments):
  • 1st Amendment: Freedom of religion, speech, press.
  • 2nd Amendment: Right to bear arms.
  • 3rd Amendment: No quartering of soldiers.
  • 4th Amendment: Protection against unreasonable searches and seizures.
  • 5th Amendment: Grand jury, indictment, due process.
  • 6th Amendment: Rights of the accused.
  • 7th Amendment: Jury trial in civil cases.
  • 8th Amendment: Prohibition of excessive fines and cruel punishment.
  • 9th Amendment: Rights not exhaustive.
  • 10th Amendment: Powers not delegated to the federal government are reserved for the states.

Protection and Incorporation

• The Bill of Rights was initially meant to protect against federal government.
• Over time, it was interpreted to protect against state governments through selective incorporation.
• Some rights not incorporated for states:
  • 3rd Amendment
  • Part of the 5th Amendment (grand jury requirement)
  • 7th Amendment (jury trial in civil cases not incorporated to states)

Purpose of the Constitution

• Establish a national federal government.
• Allocate power between federal and state governments (Federalism).
• Distribute power among three branches of federal government (Separation of Powers).

Federalism

• States have general police power.
• Federal government has enumerated powers.

Legislative Power

• Federal Government: Limited to powers delegated in the Constitution.
• State Government: Broad powers for health, safety, welfare.

Separation of Powers

• Structure:
  • Legislative Branch: Makes laws.
  • Executive Branch: Carries out laws.
  • Judicial Branch: Evaluates laws.

Checks and Balances

• Prevents any one branch from having too much power.
• Examples of Checks:
  • President can veto legislation.
  • Congress can confirm/reject nominations.
  • Courts can declare laws/actions unconstitutional.

Legislative Process

• Congress: Bicameral (House of Representatives and Senate).
• Bill Becoming Law: Introduced -> Committee -> Vote -> President's action (sign, veto, or do nothing) -> Potential for Congress to override veto.

Judicial Branch

• US Supreme Court: Highest authority, has judicial review.
• Courts of Appeal: 13 circuits.
• Federal District Courts: 94 across the US.
• Judicial review process: Original jurisdiction vs. Appellate jurisdiction.

Supreme Court Process

• Certiorari: Petition process for Supreme Court.
• Discretionary Review: Only about 1% of petitions are granted.

Key Legal Concepts

• Federal Law vs. State Law: Importance of federal law in appealing to the Supreme Court.
• Case Example: Dale v. Boy Scouts (expressive association, discrimination).

Conclusion

• Constitution establishes government structure and limits.
• Federalism and separation of powers are key themes.
• Course will explore these concepts further.