Law for Business and Personal Use © Thomson South-Western CHAPTER 2 Constitutional Rights 2-1Foundations of the U.S. Constitution 2-2Division and Balance

Law for Business and Personal UseLaw for Business and Personal Use© Thomson South-Western

CHAPTER 2Constitutional Rights

2-1 Foundations of the U.S. Constitution

2-2 Division and Balance of Governmental Powers

2-3 The Internet and Constitutional Rights


Chapter 2Slide 2

2-12-1 Foundations of the U.S. Constitution

GOALS

• Identify the documents written in the course of the nation’s founding

• Explain how the U.S. Constitution addresses and protects citizens’ civil rights.


Chapter 2Slide 3

FOCUS

What are the documents that formed the United States?


Chapter 2Slide 4

THE DOCUMENTS THAT FORMED A NATION Declaration of Independence

• July 4, 1776 Articles of Confederation

• 13 sovereign former colonies• One-house legislature (Continental congress)• 2-7 represented from each state• Each state 1 vote• Strict term limits on congress• major legislation would require 2/3 vote• amendments to the Articles would require

unanimous vote from states.


Chapter 2Slide 5

THE DOCUMENTS THAT FORMED A NATION (cont)

U.S. Constitution• March 4, 1789• 4 states (NC, NY, VA, RI) thought constitution

did not protect human rights enough

The Bill of Rights• Protection of our civil rights

The Bill of RightsThe Bill of Rights

Know the Amendments by Number and content

Know the Amendments by Number and content

Chapter 2 7

Bill of RightsBill of Rights

Created to make sure that U.S. citizens would enjoy the human rights given to them in the Declaration of Independence

Based on Three English documents The Magna Carta The Petition of Right The Bill of Rights

Created to make sure that U.S. citizens would enjoy the human rights given to them in the Declaration of Independence

Based on Three English documents The Magna Carta The Petition of Right The Bill of Rights


Chapter 2Slide 8

U.S. BILL OF RIGHTS: AMENDMENT I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Chapter 2 9

Amendment IAmendment I

Freedom of Religion Freedom of Speech Freedom of Press Right to Assemble peaceably Right to petition government for redress

of grievances. (To ask government to correct a wrong without the fear of punishment)

Freedom of Religion Freedom of Speech Freedom of Press Right to Assemble peaceably Right to petition government for redress

of grievances. (To ask government to correct a wrong without the fear of punishment)


Chapter 2Slide 10

U.S. BILL OF RIGHTS: AMENDMENT II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Chapter 2 11

Amendment IIAmendment II

• Right to bear arms

• A well regulated Militia used for freedom or security

• Right to bear arms

• A well regulated Militia used for freedom or security


Chapter 2Slide 12

U.S. BILL OF RIGHTS: AMENDMENT III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Chapter 2 13

Amendment IIIAmendment III

• No Soldier shall in time of peace be allowed to live in any house without the permission from the owner

• No Soldier shall in time of peace be allowed to live in any house without the permission from the owner


Chapter 2Slide 14

U.S. BILL OF RIGHTS: AMENDMENT IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Chapter 2 15

Amendment IVAmendment IV

• Right against unreasonable search and seizures

• Warrants issued must have probable cause

• Right against unreasonable search and seizures

• Warrants issued must have probable cause


Chapter 2Slide 16

U.S. BILL OF RIGHTS: AMENDMENT V No person shall be held to answer for a capital, or otherwise

infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public dangers; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

Chapter 2 17

Amendment VAmendment V

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• Right to due process of the law

• Right against self incrimination

• Private property taken for public use must be compensated

• Double Jeopardy

• Right to due process of the law

• Right against self incrimination

• Private property taken for public use must be compensated

• Double Jeopardy


Chapter 2Slide 18

U.S. BILL OF RIGHTS: AMENDMENT VI In all criminal prosecutions, the accused shall enjoy

the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Chapter 2 19

Amendment VIAmendment VI

• Right to a speedy and public trial

• Right to be tried in the district crime was committed

• Right to Confront witnesses (testify)

• Right to council (lawyer)

• Right to a speedy and public trial

• Right to be tried in the district crime was committed

• Right to Confront witnesses (testify)

• Right to council (lawyer)


Chapter 2Slide 20

U.S. BILL OF RIGHTS: AMENDMENT VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Chapter 2 21

Amendment VIIAmendment VII

• Right of Trial by Jury• Right of Trial by Jury


Chapter 2Slide 22

U.S. BILL OF RIGHTS: AMENDMENT VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Chapter 2 23

Amendment VIIIAmendment VIII

• No cruel and unusual punishments

• No excessive bails or fines

• No cruel and unusual punishments

• No excessive bails or fines


Chapter 2Slide 24

U.S. BILL OF RIGHTS: AMENDMENT IX

The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Chapter 2 25

Amendment IXAmendment IX

• The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people

(Basically, there are still other rights you have that are not listed. Power of the people)

• The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people

(Basically, there are still other rights you have that are not listed. Power of the people)


Chapter 2Slide 26

U.S. BILL OF RIGHTS: AMENDMENT X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Chapter 2 27

Amendment XAmendment X

Power of the states—and in come cases state law comes before federal

Power of the states—and in come cases state law comes before federal


Chapter 2Slide 28

What document’s statement of human rights formed the basis for the first ten amendments to the U.S. Constitution?

The Magna Carta


Chapter 2Slide 29

CIVIL RIGHTS Government created separation of church and state.

The gov. allows all religions but endorses none. Due process of law – not defined in the constitutuion

but defined by case law “at minimum, a defendant over whom jurisdiction has been

established must be provided adequate and a proper hearing” Person arrested of a crime Person who has been served with process in civil matter Person brought up on charges by an administrative agency.

Requires fairness in the law.


Chapter 2Slide 30

CIVIL RIGHTS The abolition of slavery- 13th amendment. The right to vote –

15th former slaves right to vote 19th women right to vote (1920) 26th voting age reduced to 18 years (1971)

Peripheral rights – rights not mentioned in constitution but recognized by the courts as necessary to protecting the rights that are mentioned.

Right to privacy


Chapter 2Slide 31

How does the Constitution address and protect citizens’ civil rights?

The first 10 amendments became the shield for civil rights.


Chapter 2Slide 32

2-22-2 Division and Balance of Governmental Powers

GOALS

• Describe the system of checks and balances in the U.S. government

• Explain how the power to govern is divided between the federal and state governments


Chapter 2Slide 33

FOCUS

• What are checks and balances?

• Why are checks and balances necessary?


Chapter 2Slide 34

A SYSTEM OF CHECKS AND BALANCESBranches of Government

• Legislative branch – • Congress can block action of House, House

could block action of the senate.• Congress (House of Representatives) –

seats allocated to states in proportion to their population. • Impeach any civil officer for treason,

bribery, high crimes or misdemeanors• Senate – 2 members from every state

• Impeachment Cases trying a government official for misconduct in office (2/3 vote needed to win)


A SYSTEM OF CHECKS AND BALANCES (cont)

Branches of Government (cont)

• Executive branch – headed by President and Vice-President

• Judicial branch – Headed by Supreme Court• Decides on Constitutionality of a statue passed

by legislative branch• Decides if action or decision exceeds the

powers granted to the executive branch.

Chapter 2Slide 35


Chapter 2Slide 36

A SYSTEM OF CHECKS AND BALANCES

Changing the Constitution Amendment – change or alter the

constitution. To make an amendment Proposed by 2/3 majority in both Senate and

House (all to date have happened this way) legislatures of 2/3 of all the states to call a

convention of all states and the convention may propose one or more amendments

Once proposed ¾ of the states legislatures must vote yes


Chapter 2Slide 37

A SYSTEM OF CHECKS AND BALANCES

The U.S. form of government• democracy – every adult citizen votes on

all issues• republic – representative democracy

(voters select representatives to legislative, executive and judicial branches of government)

WHICH ARE WE???????


Chapter 2Slide 38

How did the Constitution create a system of checks and balances?

by creating three branches of government with separated and divided powers for each branch.


Chapter 2Slide 39

THE POWER TO GOVERN• Sovereignty of the states – freedom from external

control.• States retain most power over business law,

contract law, most criminal and tort law, real property and probate law, and domestic relations law.

• Limiting states’ powers –bill of rights limit both federal and state governments ability to abuse power.

• Powers of the federal government – • may raise and support armies and national defense.• Establish post offices, coin money and tax imports

and exports.• Interstate commerce – commerce between states.• Create Federal regulatory agencies that have legal

powers. (p.34)


Chapter 2Slide 40

SELECTED FEDERAL REGULATORY AGENCIES

• Federal Reserve System’s Board of Governors

• Federal Trade Commission (FTC)• Securities and Exchange Commission (SEC)• National Labor Relations Board (NLRB)• Federal Communications Commission (FCC)• Equal Employment Opportunity Commission

(EEOC)


Chapter 2Slide 41

SELECTED FEDERAL REGULATORY AGENCIES

• Occupational Safety and Health Administration (OSHA)

• Consumer Product Safety Commission (CPSC)

• Food and Drug Administration (FDA)• Environmental Protection Agency (EPA)• Nuclear Regulatory Commission (NRC)

(continued)


Chapter 2Slide 42

How is the power to govern divided between the federal and state governments?


FEDERAL AGENCY MIXUP GAME!!!

You will form teams and match the description with the Federal agency that

would handle the situation described. First team to get all correct wins!!

Chapter 2Slide 43


Chapter 2Slide 44

2-32-3 The Internet and Constitutional Rights

GOALS

• Understand the issues of jurisdiction that arise with Internet usage

• Identify the various constitutional issues involved in the use of electronic communication


Chapter 2Slide 45

FOCUS

• How does the Internet enhance the free flow of information in a society and worldwide?


Chapter 2Slide 46


What would SOPA have done?• Many believe it would’ve regulated the

Internet beyond any control we ever imagined• Hollywood (because of sites where you can download

movies and music for free) was backing it

• Both SOPA and Protect IP attempt to combat online piracy by preventing American search engines like Google and Yahoo from directing users to sites distributing stolen content. Both bills also would enable people and companies to sue if their copyright was infringed. Obama has come out against both bills, which killed SOPA and puts pressure on senators come January 24th.

Chapter 2Slide 47


Chapter 2Slide 48

WHO CONTROLS THE INTERNET?• Foundations of cyberlaw• The birth of the Internet• The World Wide Web• Evolving legal issues in cyberspace

• The ongoing issue of jurisdiction – Where do you prosecute or defend? Where is the website???

• International jurisdiction – under change


Chapter 2Slide 49

WHO CONTROLS THE INTERNET? Jurisdiction –

• Two vital considerations – • The laws of the state in which the case is filed must allow

suits against non-resident defendants. Called Long-arm statutes.

• Whether or not allowing the state or federal court to decide the case would be a violation of the due process requirements.

Current law state establishment of jurisdiction by a state over a nonresident defendant is only proper if the defendant has

either a “substantial, continuous, and systemic presence” in the state or has “minimum contacts” with the state.


Mrs. Duffin’s MySpace incident

• Had to sue MySpace in the state of California

• Had to hire a CA attorney

• Forced MySpace to give IP addresses of offenders

Chapter 2Slide 50


Chapter 2Slide 51

What characteristic of the Internet makes exercising legal control over it nearly impossible?

The decentralization of the Internet makes exercising legal control by current institutions over it nearly impossible


Chapter 2Slide 52

INTERNET-RELATED CONSTITUTIONAL ISSUES Freedom of speech

Roth v. United States – obscenity did not have the protection of the 1st amendment. It could be banned if it had no redeeming social importance.

Miller v. California – questionable material were to be judged by the standards of the community affected.

Communications Decency Act – (1996) to control the knowing transmittal of obscene material through the Internet. (fines and prison). Eventually found unconstitutional because of the ambiguous term “indecent”

Child Online Protection Act – (1998). requires commercial sites to use up-to-date software to restrict access to their sites containing material harmful to children. “harmful material”? (Page 39 what’s your verdict?)


Chapter 2Slide 53

INTERNET-RELATED CONSTITUTIONAL ISSUES The right of privacy – revolves around a

person’s reasonable expectations as to whether his or her actions, communications, beliefs, and other personal attributes deserve protections from those who would improperly use them.

• Company e-mail (Not private)• spamming? Cookies • No legislation about users while your online• Legislation against gathering information on the videos

and cable programs you rent or watch.


Chapter 2Slide 54

What are the constitutional issues related to use of the Internet?

Freedom of speech and the right to privacy

Documents

Law for Business and Personal Use © Thomson South-Western CHAPTER 2 Constitutional Rights 2-1Foundations of the U.S. Constitution 2-2Division and Balance