Ch 2 Constitutional Rights BUSINESS LAW Declaration

Ch. 2: Constitutional Rights BUSINESS LAW

Declaration of Independence July 4, 1776 Met in Philadelphia Drafted by Thomas Jefferson, Virginia

Articles of Confederation 13 colonies united in 1781 Government was to be conducted by a one- house legislature Strict term limits

U. S. Constitution Drafted in the summer of 1787

Constitution Article I Section 1: All Legislative Powers shall be vested in Congress of the United States, which shall consist of a Senate and a House of Representative

Constitution Article I Section 2: House of Representatives ○ Chosen every two years ○ Minimum age of 25 years old ○ Citizen of US for seven years ○ Number of representatives shall not exceed one for every 30, 000 but each state shall have one representative ○ Has sole Power of Impeachment

Constitution Article I Section 3: Senate shall be composed of two Senators from each state Term is for six years Minimum age of 30 years old Citizen for nine years Vice President of United States is the President of the Senate ○ Has no vote unless there is a tie Sole Power to try all Impeachments ○ Convicted without 2/3 conviction

Constitution Article I Section 6: Shall receive a compensation for their services Shall in all cases, except Treason, Felony, and Breach of Peace, be privileged from arrest during their attendance at the session, and in going to and returning from.

Constitution Article I Section 7: Bills become laws ○ All bills shall pass both the House and the Senate ○ Be presented to the President Sign it Return it with Objections Sit on it – Becomes law after 10 days

Constitution Article II Section 1 Executive Powers shall be vested in a President Hold office for four years No person except a natural born citizens shall be eligible to the office Minimum age of 35 14 years citizen

Constitution Article II Section 1 Presidential oath: “ I do solemnly swear that I will faithfully execute the Office of President of the United States, and I will to the best of my ability, preserve, protect, and defend the Constitution of the United States”

Constitution Article II Section 2 ○ President shall be Commander in Chief of the Army and Navy of the United States Section 3 ○ President shall from time to time give to Congress Information of the State of the Union

Constitution Article III Section 1: The judicial powers shall be vested in one supreme Court Section 2: Deals with all cases arising under the Constitution ○ To controversies between two or more states ○ Between a State and Citizens of another State ○ Between Citizens of different states

Bill of Rights First 10 Amendments

Bill of Right Amendment I Congress shall make no law representing 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 to peaceably to assemble, and to petition the Government for a redress of grievances.

Bill of Rights Amendment II Right of the people to keep and bear arms.

Bill of Rights Amendment IV The right of the people to be secure in their persons, house, papers, and effects, against unreasonable searches and seizures, shall not be violated No Warrants shall issue, but upon probable cause. Particularly describing the place to be searched, and the persons or things to be seized.

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 Nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb (Double Jeopardy) Nor shall be compelled in any criminal case be a witness against himself (Plead Fifth)

Bill of Rights Amendment V 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 (Eminent Domain)

Bill of Rights Amendment VI Right to a speedy and public trial, by an impartial jury, and be informed of the nature and cause of accusation Be confronted with the witnesses against him Have compulsory process of obtaining witnesses in his favor To have the assistance of counsel for his defense

Bill of Rights Amendment VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflected.

Amendment XIII Neither slavery nor involuntary servitude shall exist within the United States.

Amendment XIV All persons born or naturalized in the United States are citizens of the United States Males 21 have the right to vote

Amendment XV The rights of citizens to vote shall not be denied or abridged on the account of race, color, or previous condition of servitude. Gives all males with money the right to vote

Amendment XVII Senate of the United States shall be composed of two Senators from each state 6 years

Amendment XIX The rights of citizens to vote shall not be denied on account of sex. Gives all males and females with money the right to vote

Amendment XX Section 1 The terms of the President and Vice- President shall end at noon on January 20. The terms of Congress end on January 3.

Amendment XX Section 3 If the President shall die, the Vice-President elect shall become President.

Amendment XXII No person shall be elected to the office of President more then twice No person can President more than 10 years

Amendment XXIV The rights of the citizens to vote shall not be denied by reason of failure to pay any poll tax or other taxes

Amendment XXV In cases of the removal of the President, the Vice President shall become President

Amendment XXVI The rights of the citizens who are 18 years of age to vote shall not be denied based on age Gives 18 year old males and females the right to vote.

Civil Rights Personal, natural rights of the individual governed by the U. S. Constitution Most vital right is? First Amendment

Due Process of Law Not defined in Constitution Defined by U. S. Supreme Court At a minimum, must be provided adequate notice and a proper hearing. Fundamental fairness

Turn to page 30 and answer the Assessment questions Assessment

Assessment Answers 1. 2. 3. 4. 5. July 4, 1776 Happiness Eight Years False (Confederation) Rights

Assessment Answers Rhode Island 7. First Amendment 8. True 9. True 10. True 6.

Assessment Answers 11. Yes, The protection of the Bill of Rights against governmental action were not extended to the states until much later. 12. Loyalty to the King of England fear of reprisal. 13. Perhaps but no rights are absolute. The police acted in the public interests of safety and health.

System of Checks and Balance power between governmental branches by having the powers given one branch check the powers given another.

Branches of Government Legislative Branch Congress ○ House of Representatives ○ Senators Executive Branch President of U. S. and Vice-President Judicial Branch Supreme Court of U. S.

Amendments Changes to Constitution Proposed by a 2/3 majority vote in both House and Senate Requires the legislatures of 2/3 of all states to call a convention

Pure Democracy Every adult citizen may vote on all issues All most impossible to do to get everyone to vote on everything

Republic Another name is Representative Democracy Voters select representatives We still have a say by voting

Power to Govern Sovereignty Talked about in the 10 th Amendment Means supreme political authority free from external control.

Powers of the Federal Government Duty to protect every state against invasion May establish post office, coin money, and tax on imports and exports Federal and State Legislators may impose other taxes – Sales and Income

Powers of the Federal Government Regulate Interstate Commerce – Trade between states States regulate Intrastate Commerce – Within state

Federal Agencies Federal Trade Commission (FTC) Enforces laws against anti-competitive business activities Securities and Exchange Commission (SEC) Regulates the disclosure of information related to the buying and selling of stocks.

Federal Agencies National Labor Relations Board (NLRB) Deals employees’ rights to join labor unions and to participate in collective bargaining Federal Communication Commissions (FCC) Interstate channels of communication

Federal Agencies Equal Employment Opportunity Commission (EEOC) Workplace discrimination Occupational Safety and Health Administration (OSHA) Workplace health and safety

Federal Agencies Consumer Product Safety Commission (CPSC) Safety of various consumer products (toys) Food and Drug Administration (FDA) Enforces pure food and drug acts Tests and reviews any new drugs Conducts food production inspections

Federal Agencies Environmental Protection Agency (EPA) Enforces antipollution Acts Regulates and handles cleanup of hazardous chemicals Department of Homeland Security (DHS) Protects American homelands from terrorist attacks

Assessment Turn to page 35 Complete the Assessment

Assessment Answers House 2. (D) The states retained all of the above powers 3. False 1. 4. Only done by federal government Congress

Assessment Answers Two 6. False 5. 7. False 8. Based on the population House of Representative Executive

Assessment Answers No. Power is left to the federal government 10. Forcing everyone to vote might cause people to pay attention to the election. May also bring people unprepared to cast an informed ballot. 11. Carefully evaluate what caused the ERA to fail before putting forward a new effort. 9.

Controls the Internet Cyberlaw Governs the use of computers in e- commerce and the internet

World Wide Web HTML – hypertext markup language Dictates the format of standard web documents HTTP – hypertext transfer protocol Provides the standard for exchanging files

Communications Decency Act Controls the knowing transmittal of obscene material

Child Online Protection Act Requires commercial sites to use up-todate methodology to restrict access to their sites containing material harmful to children.

Assessment Questions Page 43

Assessment Answers 1. 2. 3. 4. 5. State Court False Communication Decency Act Long Arm Statutes

Assessment Answers Current law in the US generally calls for the standard of obscenity in the recipient’s state to be used. 7. Privacy advocacy groups, civil liberties groups, and groups representing minorities and consumers would support the change. 6. Marketing groups that rely on the government data, government planning entitites

Ch. 2 Assessment Pg. 45 – Review Legal Concepts Writing Legal Concepts #19, #20 Think Critically Pg. 46 Analyze Cases