[dragonwriter]

> The distinction between civil and criminal law is not baked into the Constitution

It's baked in the way that lots of preexisiting understanding is; the Constitution was not intended to be creating a novel understanding of law from first principles; it was written in a particular legal and historical context and assumed quite a bit from that context. The distinction between criminal law and other aspects of law (and that between suits in law and those in equity) are part of that pre-existing context.