Chapter 3: Constitutional Rights

Business LawChapter 3Mr. Whisel

Goals 3-1

Name the documents written in the course of our nations founding.

Explain the relationship between the Declaration of Independence and the Constitution

July 4, 1776

Delegates meet in Philadelphia13 American ColoniesAdopt: Declaration of Independence

Charged King George III “A history of repeated injuries and usurpation for the purpose of establishing an absolute tyranny.

Declares “ALL MEN CREATED EQUAL”Life, Liberty, Pursuit of HappinessAppendix B Page 624

Starting of Government

New government would be derived from the people

Started war that lasted 8 years13 Colonies united in 1781 under a

charter called “Articles of the Confederation”

Articles of the Confederation

PromisesA one-house legislature –Congress

Two to Seven from each state each with one vote

Strict Term Limits placed on those member of Congress, who were subject to recall by state

Power to declare war, make peace, enter into treaties and alliances, manage relations with Indian nations, coin money, settle differences between states, establish postal system, and appoint a Commander in Chief

Articles of the Confederation Cont.

National Defense that would be paid by the National Government

States would be asked rather than be required to make payments to the National Treasury

Two-Thirds Vote to pass billsAmendments require unanimous vote

Disagreement caused Special Convention

Philadelphia 1787

Special ConventionDrafted the initial U.S. Constitution“of the people, for the people, by the

people”By June 1788 Nine states Ratify (2/3)Congress declares Constitution start

March 4, 1789Other 4 states thought it failed to protect

human rightsResolved by Bill of Rights

Bill of Rights

First ten amendments to ConstitutionActed as a shield against possible

violation of rights

Bill of Rights

Freedom of Religion (1st) Freedom of Speech (1st)Freedom to assemble peaceably (1st)Security in Person and Property

against unreasonable search and seizures (4th)

Right to remain silent if accused of a crime (5th)

Right to enjoy a speedy and public trial by an impartial jury (5th and 6th)

Bill of Rights

Right to not be tried for the same crime twice (5th)

Right to a defense counsel in a trial and to confront a witness against oneself (6th)

Protection from cruel and unusual punishment if convicted of a crime (8th)

Right to fair compensation for private property taken by government for a public purpose (5th)

Bill of Rights

Protection from the taking of life, liberty, or property without due process of law (5th)

A well regulated Militia (2nd)Right to keep and bear arms (2nd)More to Continue…..

End of Section 3.1 Questions

Think About Legal ConceptsThink Critically About Evidence

Section 3-2 Goals

Discuss how the Constitution has been a shield against violations of basic human rights.

Identify the basic human rights protected by the Bill of Rights and subsequent amendments

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting 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 redress of grievances.

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.

Amendment III

No Soldier shall, in time pf 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

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 person or things to be seized.

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 danger; 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, not be deprived of life, liberty, or property, without due process of law; not shall private property be taken for public use without just compensation

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 witness against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense

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 U.S., than according to the rules of the common law.

Amendment VIII

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

Amendment IX

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

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 respectfully, or to the people.

Civil Rights

Personal, Natural rights guaranteed by the Constitution.

First Amendment Rights

Due Process of Law

Fundamental Fairness in compliance with reasonable and just lawsLegal Rights

The benefits to which a person is justly entitled by law

Legal DutiesObligations or standards of conduct toward

other persons that are enforceable by law.Moral Rights and Duties in other words

Examples of Due Process

Criminally ConvictedProperty

Imposed FineLiberty

ImprisonmentLife

Lawful Execution

Peripheral Rights

Right of PrivacyAbolished Slavery (13th Amendment)Right to Vote (15th Amendment)Right to Vote in Federal Elections

(24th Amendment)Women –Right to Vote (19th

Amendment)Right to Vote 18+ (26th Amendment)

Peripheral Rights cont.

Limited State Power (14th Amendment)

End of Section 3.2 Questions

Think About Legal ConceptsThink Critically About Evidence

Section 3.3 Goals

Discuss how the Constitution created a system of checks and balances

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

System of Checks and Balances

System that gives specific authority to each of the three basic branches of government.LegislativeJudicialExecutive

Legislative

Worried that small states would not have a say and large states would not have enough say when voting.

Congress then divided into House of Representatives and Senate

No matter the size of the state each would have two voters for each

House has power to tax and impeach but not without Senate approval

Impeachment Cases

Involve trying a government official for misconduct in office.

Could include cases against the President and Vice-President

Requires two-thirds vote

Congressional Terms

House of Representatives2 year terms

Senate6 year terms

Executive Offices4 year terms

Executive Branch

Headed by President and Vice-President

Political PartyA private organization of citizens who

select and promote candidates from election to public office.

Not mentioned in the Constitution

Judicial Branch

Headed by Supreme CourtDecides on the Constitutionality of a

statute passed by legislative branch and signed by the President.

If constitutionally wrong the statute is void

Amendment

Addition to the Constitution meaning change or alteration

Two-thirds majority vote for proposalTwo ways

House and SenateStates Convention

Must be ratified by three-fourths

Our Government

Democracy- every adult citizen may vote on all issues (impossible in America)

Republic- Voters select representatives from all branches of government

Sovereignty

10th Amendment sovereignty of all states

Means freedom from external controlSupreme Law of the Land- Prevails

over all

Powers of the Federal Government

Duty to protect all stats against invasion Raise and Support Armies Regulate Interstate Commerce and Foreign

Commerce Post Offices Coin Money Tax imports and exports Impose other taxes Create Law

End of Section 3.3 Questions

Think About Legal ConceptsThink Critically About Evidence

Chapter in Review

Pages 48-51

End of Chapter