Overview
This lecture introduces key concepts of U.S. constitutional law, including the structure of government, the Bill of Rights, federalism, separation of powers, and how the Supreme Court functions.
Structure of the U.S. Constitution
- The Constitution has seven articles establishing the structure of the federal government.
- Article 1 creates the legislative branch (Congress).
- Article 2 establishes the executive branch (President, Vice President, agencies).
- Article 3 creates the judicial branch (Supreme Court and lower courts).
- Article 4 covers states' rights and admission of new states.
- Article 5 outlines the amendment process.
- Article 6 contains the Supremacy Clause, making federal law supreme.
- Article 7 details the process for ratification.
The Bill of Rights and Amendments
- The first ten amendments are called the Bill of Rights.
- Amendments 1–10 guarantee rights like free speech, right to bear arms, due process, and more.
- Some rights have been incorporated to apply to states (selective incorporation).
- Third Amendment, grand jury clause of the Fifth, and Seventh Amendment civil jury right are mostly not incorporated.
Federalism and Separation of Powers
- The Constitution established a stronger federal government than the Articles of Confederation.
- Federalism refers to power division between federal and state governments.
- States have general police powers; Congress has only enumerated powers.
- Separation of powers divides government functions among legislative, executive, and judicial branches.
Checks and Balances
- Each branch can limit the actions of the others (checks).
- Passing a law requires action by both Congress and the President (balance).
- President can veto laws; Congress can override vetoes and impeach; courts can declare actions unconstitutional.
Legislative Branch Details
- Congress is bicameral: House of Representatives (435 members, 2-year terms, based on population) and Senate (100 members, 6-year staggered terms, 2 per state).
- No term limits for congressional members.
- Legislation process: committee review, chamber votes, presidential action, potential for veto override or pocket veto.
Executive Branch Details
- President serves a 4-year term (max two terms), is commander-in-chief, and supervises executive agencies.
- Vice President serves a 4-year term with no term limits and breaks Senate ties.
- The President's Cabinet includes heads of 15 main executive departments.
Judicial Branch Details
- Judiciary interprets and applies laws and can rule on constitutionality (judicial review).
- Structure: U.S. Supreme Court (9 justices), 13 Courts of Appeals (circuits), 94 District Courts.
- Supreme Court justices and federal judges have lifetime appointments.
- Supreme Court jurisdiction includes original cases and appeals from federal/state courts based on federal questions.
Supreme Court Review and Process
- Supreme Court mainly hears cases through discretionary certiorari, granted if four justices agree.
- Only about 1% of petitions are granted each term.
- Adequate and independent state grounds doctrine limits Supreme Court review of some state court decisions.
Key Terms & Definitions
- Federalism — division of power between federal and state governments.
- Separation of Powers — allocation of powers among legislative, executive, and judicial branches.
- Supremacy Clause — federal law takes precedence over state laws.
- Selective Incorporation — process of making Bill of Rights provisions apply to states.
- Judicial Review — courts' power to declare laws/actions unconstitutional.
- Certiorari (Cert) — request for Supreme Court to review a lower court's decision.
- Checks and Balances — mechanisms for each branch to limit the others' powers.
Action Items / Next Steps
- Read the U.S. Constitution in the casebook appendix for context.