1. American Constitutional Law LAW-210
Introduction to Constitutional Law

2. Unit Objectives
At the completion of this unit, students should be able to:
Explain the purpose of the U.S. Constitution
List the various historical documents and incidents that gave rise to the Constitution
Describe the general content and organization of the Constitution
Differentiate between the Constitution and constitutional law
Read a U.S. Supreme Court case
Describe the relationship of constitutional law to other U.S. law

3. Historical Background
The U.S. Constitution reflects several historical influences, including the Magna Carta, the English Bill of Rights, and the French-Indian Wars.

4. The Magna Carta
A charter of liberties signed under duress by King John of England in 1215 that influenced the development of several modern legal and constitutional principles (as due process).

5. English Bill of Rights - 1689
Early model for recognizing natural rights in writing.
Much of its language appeared later in the Declaration of Independence and U.S. Constitution.

6. Incidents from 1754 to 1775 1754-1760 – French and Indian War
England demanded financial contribution from the colonies for the costs of the war by imposing various taxes.
Upon resistance by the colonists, England passed laws restricting trade, prohibiting town meetings, and requiring that colonists house British soldiers in their homes.
– Revolutionary War

7. Declaration of Independence - 1776
The July 4, 1776, announcement by the Continental Congress (representatives of the 13 colonies) that because of specified grievances the colonies were no longer subject to British rule but were free states.
The Declaration of Independence is not part of U.S. law, but its principles are reflected in the U.S. Constitution.

8. Articles of Confederation - 1781
The document that held together the thirteen original American colonies before the adoption of the Constitution.
Failed because they did not allow the federal government to impose direct taxes, reserved too much power to the states, and required unanimous approval for amendments.

9. United States Constitution
Drafted in 1787, ratified in 1788
Arguments in favor of the new Constitution were published and became known as the Federalist Papers.
Contains a Preamble and seven Articles.
The Preamble is a short statement explaining the general intent behind the U.S. Constitution.
The Articles deal with the organization, operation, and powers of the federal government.

10. Preamble to the U.S. Constitution
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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.

11. Seven Articles of the Constitution
Article I
The organization and powers of the legislative branch
Article II
Selection and duties of the President
Article III
Functions of the Supreme Court
Article IV
Responsibilities of one state to another
Article V
Requirements for amending the Constitution
Article VI
Supremacy of the Constitution
Article VII
Procedure for ratification of the Constitution

12. Bill of Rights
The first 10 amendments to the U.S. Constitution,
A summary of fundamental rights and privileges guaranteed to the American people against violation by the government.

13. The Constitution and Case Law
Constitutional law is a product not only of the Constitution but also of the Supreme Court cases interpreting the Constitution.
There is more constitutional law in case law than in the Constitution itself.

14. How to Read a Supreme Court Case
Distinguish editorial enhancements from the Court’s opinion.
Become familiar with the terminology used by the Court.
Distinguish the majority opinion from concurring and dissenting opinions.
Identify the case name and citation.
Identify the various parts of the Court’s opinion.

15. Opinions v. Editorial Enhancements
A judge’s statement of the decision he or she has reached in a case.
Syllabus
A headnote, summary, or abstract of a case, added by the publisher.
Remember that rules of law are found in what the court writes, not what a publisher writes.

16. Terminology Used by Courts
Certiorari (Cert.)
Declaratory judgment
Holding (hold or held)
Injunction
Inter alia
Issue
Motion
Petitioner
Precedent
Question presented
Remand
Respondent
Summary judgment

17. Distinguishing the Majority Opinion from Concurring and Dissenting Opinions
A judge’s statement about the conclusions of that judge and other judges who agree with the judge in a case.
A majority opinion is written when over half the judges in a case agree about the result and the reasoning used to reach that result.
Concurring Opinion
One in which a judge agrees with the result reached in an opinion by another judge in the same case but not necessarily with the reasoning the other judge used to reach the conclusion.
Dissenting Opinion
A judge’s formal disagreement with the decision of the majority of the judges in a lawsuit.
If a judge puts it in writing, then it is called a dissenting opinion.

18. Citing the Constitution
Preamble
U.S. Const. preamble
Articles and Sections
U.S. Const. art. III §2
Amendments
U.S. Const. amend. XIV

19. Citing Supreme Court Cases
Example:
Name Official Citation Parallel Citations Year
Kyllo v. U.S. 533 U.S. 27, 121 S.Ct. 2038, 150 L.Ed. 2d (2001)
Volume No., Reporter, Series (if applicable) Page No.
Common Supreme Court case reporters:
United States Reports U.S.
Supreme Court Reporter S.Ct.
Supreme Court Reports, Lawyer’s Edition L.Ed.

20. Parts of the Court’s Opinion
The Judicial History of the Case
An explanation of which lower courts heard the case and what those lower courts did and said.
The Factual Dispute
A description of the factual dispute that resulted in the appeal.
The Issue or Question Presented
The legal question the Court is being asked to decide; a case may have more than one issue or question.
The Holding
The way in which the Court resolves the issue or question presented; the rule of law that results from the case.
The Rationale
The reason for the Court’s decision; an explanation of how and why the rule of law applies.

21. The Constitution and Other Sources of U.S. Law
The Constitution is only one source of U.S. law.
Other sources include state and federal cases and statutes and state constitutions.

22. Statutory Law Federal statutory law State statutory law
The power of the United States Congress to enact a law is found in the Constitution.
All federal statutory law must be based on a power given to Congress by the U.S. Constitution.
State statutory law
State statutory law is influenced by the U.S. Constitution.
The U.S. Constitution sets some limits on the types of laws that states can enact.

23. State Constitutions Each state has its own constitution.
State constitutions are subordinate to the U.S. Constitution.
Rights granted in state constitutions must be consistent with the U.S. Constitution, which provides that states must give their citizens certain basic rights (U.S. Const. amend. XIV).
The Fourteenth Amendment does not prohibit states from granting greater rights than those required by the U.S. Constitution.

24. Case Law
Courts, as well as legislatures, are bound to follow the U.S. Constitution.
If the Supreme Court has interpreted a constitutional provision, then the trial and appellate courts must follow that interpretation because of the rule of stare decisis.

25. Stare Decisis Latin for “Let the decision stand.”
The rule that when a court has decided a case by applying a legal principle to a set of facts, the court should stick by the principle and apply it to all later cases with clearly similar facts unless there is a strong reason not to, and that courts below must apply the principle in similar cases.
This rule helps promote fairness and reliability in judicial decision making.