August 9, 2002BUSINESS LAW (Ms. Hawkins)1 CHAPTER 2: CONSTITUTIONAL RIGHTS Chapter 2 presents constitutional rights with an emphasis on the U.S. Constitution.

August 9, 2002 BUSINESS LAW (Ms. Hawkins) 1

CHAPTER 2: CONSTITUTIONAL RIGHTS

Chapter 2 presents constitutional rights with an emphasis on the U.S. Constitution and amendments, and the division and balance of power in government.


What are our nation’s framing documents?

• Declaration of Independence (1776)

• Articles of Confederation (1781)

• U. S. Constitution (1790)

• Bill of Rights




Declaration of Independence

• Appendix B, Page 606

• Adopted by the 13 original American colonies in 1776

• Created in response to the tyranny of King George III of England

• Declared that “all men are created equal” and that they are “endowed with certain unalienable rights...life, liberty, and the pursuit of happiness.”



Declaration of Independence...Were Black people considered “created equal” ?

Why or why not?

1. Under Article 1 of the Constitution, slaves were counted as only 3/5 of a person.

2. The number of federal representatives is determined by the number of citizens; northerners did not want states with slave owners to get more representation because of counting slaves as citizens.



Articles of Confederation• Defined the union of the 13 states

• Formation of a Continental Congress

• Term limits for members of Congress

• Power to declare war, coin money, establish a postal system, appoint a Commander in Chief

• 2/3 vote required for major legislation

• Amendments required a unanimous vote of all states



U. S. Constitution• Provided a workable framework for a federal

government of the people.

• Critics worried about protection of human rights proclaimed in the Declaration of Independence.



Bill of Rights• The first ten amendments of the Constitution• Guarantees of personal rights:

freedom of religion, speech, peaceful assembly (1st) keep and bear arms (2nd) no quartering of military w/o consent of owner (3rd) protection against unreasonable search and seizure (4th) right to remain silent; no double jeopardy; due process of law for adequate notice and a proper hearing(5th)



Bill of Rights...More guarantees of personal rights:

right to speedy and public trial by impartial jury (6th)

right to trial by jury (7th)

no cruel and unusual punishment nor excessive fines (8th)

no automatic violation of rights not enumerated (9th)

powers not delegated to the U.S. are delegated to the states or to the people (10th)



What Would You Like to see in the Bill of Rights?

right to free Internet (http://www.free-internet.name/)

right to cable TV (Hulu and Netflix)

right to free information calls (800-GOOG-411)

right to free air



Things NOT in the Constitution (myths) Jury of Peers (the 6th Amendment says “impartial”) "Life, Liberty, and the Pursuit of Happiness“ (appears in Declaration of Independence) Number of Justices in the Supreme Court (it says “other justices”—originally there were six; set to nine by law in 1869) Paper Money (Congress is given the right to “coin” money)

Right to Privacy (established by Supreme Court decisions—a peripheral right: Page 30) http://www.usconstitution.net/constnot.html

http://www.usconstitution.net/constnot.html



Bill of Rights...Which human right do you most value and why?



Civil RightsCivil rights are personal, natural rights guaranteed by the Constitution.

The Constitution serves as a shield for civil rights (e.g., freedom of speech, freedom of the press)



Due Process of LawDue process requires fundamental fairness in compliance with reasonable and just laws.Examples are:

• right to be informed as to the nature and cause of an accusation

• no excessive bail, fines, or cruel and unusual punishment



Which Amendment gave newly freed slaves the right to vote?

The 15th Amendment

Which Amendment gave women the right to vote?

The 19th Amendment (Wyoming women could vote in 1869--50 years before the amendment).

Which Amendment Abolished Slavery?The 13th Amendment



After the 15th Amendment, were freed slaves able to vote?No.

Why not?• Failure to pay poll taxes• “Grandfather” clauses• Literacy Tests

What was a poll tax (1889-1910)?A uniformed tax levied on every adult in the community.



Who did poll taxes hurt most?African Americans and poor whites.

What was the remedy?The 24th Amendment (the right to vote in federal elections “shall not be denied or abridged... by reason of failure to pay any poll tax or other tax.”). The 14th Amendment later covered all state elections.



What does the Voting Rights Act of 1965 really say?Some History…• On Aug. 6, 1965 President

Johnson signed it into law.• The 15th Amendment ensures

the right of all Americans to participate in the electoral process.

• The Voting Rights Act was reauthorized in 1970 and 1975.

• In 1982 the act was amended by Ronald Reagan for another 25 years, and Section 5 was reauthorized through 2007.



What does the Voting Rights Act of 1965 really say?Provisions?Section 5: requires federal approval for proposed changes in voting or election procedures in areas with a history of discriminationSection 203: requires some jurisdictions to provide assistance in other languages to voters who are not literate or fluent in EnglishSections 6-9: authorizes the federal government to send federal election examiners and observers to certain jurisdictions covered by Section 5 (Alabama, South Carolina, Texas)



What does the Voting Rights Act of 1965 really say?Why Reauthorize?The act was the core of the entire Civil Rights Movement.We have replaced poll taxes and literacy tests with political gerrymandering: the practice of arranging electoral divisions so that one political party has more power than the other by diluting the other’s voting strength—it involves tampering with the boundaries of electoral districts to include certain voters and exclude others.



What is a political party?

A political party is a private organization of citizens who select and promote candidates for election to private office.



What are the political parties in the United States?(See http://www.politics1.com/parties.htm)

Democratic Party (DNC) Republican Party (RNC) America First Party American Heritage Party American Independent Party American Nazi Party American Reform Party

http://www.politics1.com/parties.htm



What are the political parties in the United States?(See http://www.politics1.com/parties.htm)…

Christian Falangist Party of America Communist Party USA Constitution Party Family Values Party Freedom Socialist Party Grassroots Party Green Party of the United States (Green Party) Reform Party



What are the 3 branches of government in the United States?•Legislative•Executive•Judicial



What are the 3 branches of government in the United States?•Legislative

Congress

◊ Senate (each state has 2 senators)

◊ House of Representatives (allocated IAW

population)



What are the 3 branches of government in the United States?•Executive

◊ Headed by the President and Vice President ◊ Not directly elected by the people, but by the

electors in the electoral college (In 1824, 1876, and 1888 the candidate with the most popular votes did not win).



What are the 3 branches of government in the United States?•Judicial ◊ Headed by the Supreme Court ◊ Decides on the constitutionality of a statute passed by the legislative branch and signed by the President◊ Decides if a particular action of the President exceeds the powers granted



What does the system of checks and balances do in our government?

We have a system of checks and balances which gives each branch specific authority.



Changing the ConstitutionThe Constitution can be amended in two ways:

Proposal by a 2/3 majority vote in the Senate and House (ratification by ¾ of state legislatures)

Legislatures of 2/3 of all the states call a convention of all the states (ratified by conventions in ¾ of states)



Our Form of GovernmentIn a pure democracy, every adult citizen may vote on all issues.

Do we have a pure democracy?

We have a republic (a representative democracy) where voters select representatives to all 3 branches, who in turn make day-to-day decisions for us all.



Sovereignty of the StatesThe Tenth Amendment acknowledges the continued sovereignty of all the states to govern their own citizens within their own borders.“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.”Powers kept by the states: business and contract law, real property and probate law, domestic relations law



Powers of the Federal GovernmentThe federal government has the duty to protect states against invasion.It may raise and support armies, a navy, and an air force for national defense.The federal government has exclusive power to regulate interstate commerce (between states).The federal government may establish post offices, coin money, and tax imports and exports.Impose sales & income taxes (federal and state)



Gideon v. Wainwright (See handout)This case illustrates what happens when the actions of a state are at odds with the federal government.

1. How should the Florida Supreme Court respond and why?See to it that defendants do have legal counsel as guaranteed by the U.S. Constitution.



Gideon v. Wainwright2. How are the counsels to be paid? Who is to determine if they do an adequate job?The Court will either appoint the attorneys to provide the counsel as a requirement of their membership in the state bar and they will serve without pay, or the state may provide for the reimbursement of the attorney’s services at an appropriate rate. The Court in which they are to appear must supervise them to be sure they do an adequate job.



Gideon v. Wainwright3. What should be the sanction(s) imposed upon governments that fail to provide such legal services for their accused?They will find that their convictions are reversed and thereby their investment of resources is negated.

August 9, 2002BUSINESS LAW (Ms. Hawkins)1 CHAPTER 2: CONSTITUTIONAL RIGHTS Chapter 2 presents constitutional rights with an emphasis on the U.S. Constitution.

Documents

constitutional rights

constitutional rights

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bill of rights chapter

constitutional rights

natural rights

amendment slide

protection of human