Business & Personal Law

Chapter 3Constitutional Rights

Lesson 3-1 – Foundations of Our Constitution

Objectives:• Name the

documents written in the course of our nation’s founding.

• Explain the relationship between the Declaration of Independence and the Constitution.

Lesson 3-1 – Foundations of Our Constitution

Hot Debate • What would you say

to calm Jake down?• What may he do to

bring about effective change without attempting a revolution?

Lesson 3-1 – Foundations of Our Constitution

Declaration of Independence• On July 4, 1776, delegates from the 13 original American colonies met in

Philadelphia and formally adopted the Declaration of Independence.

Articles of Confederation• The 13 sovereign states united loosely in 1781 under a charter called the Articles

of Confederation. The Articles of Confederation promised..• a one-house legislature (the Continental Congress) with two to seven

representatives from each state; each state had one vote• strict term limits placed on members of Congress, who were subject to recall

by states• power to declare ware, make peace, enter into treaties and alliances,

manage relations with Indian nations, coin money, settle differences between states, establish a postal system, and appoint a Commander in Chief

• a national defense that would be paid for by the national government

Lesson 3-1 – Foundations of Our Constitution

Articles of Confederation• states would be asked, rather than required to make payments to

the national treasury• major legislation, including bills relating to finance, would require a

two-thirds vote for passage• amendments to the Articles would require a unanimous vote of the

states

U.S. Constitution• The special convention, held in Philadelphia in the summer of 1787, drafted

the initial U.S. Constitution. The seven articles of the Constitution provided a workable framework for a federal government “of the people, by the people, and for the people.”

Lesson 3-1 – Foundations of Our Constitution

The Bill of Rights• The Bill of Rights – the first ten amendments to the Constitution- was enacted

as a shield against the possible violation of specified human rights by the federal government.

• FREEDOM OF RELIGION (FIRST AMENDMENT)• FREEDOM OF SPEECH (FIRST AMENDMENT)• FREEDOM TO ASSEMBLE PEACEABLY (FIRST AMENDMENT)• SECURITY IN PERSON AND PROPERTY AGAINST REASONABLE

SEARCHES AND SEIZURES (FOURTH AMENDMENT)• RIGHT TO REMAIN SILENT IF ACCUSED OF A CRIME (FIFTH

AMENDMENT)• RIGHT TO ENJOY A SPEEDY AND PUBLIC TRIAL BY AN IMPARTIAL

JURY (FIFTH AND SIXTH AMENDMENTS)

Lesson 3-1 – Foundations of Our Constitution

The Bill of Rights..• RIGHT TO NOT BE TRIED FOR THE SAME CRIME TWICE (FIFTH

AMENDMENT)• RIGHT TO A DEFENSE COUNSEL IN A TRIAL AND TO CONFRONT

WITNESSES AGAINST ONESELF (SIXTH AMENDMENT)• PROTECTION FROM CRUEL OR UNUSUAL PUNISHMENT IF CONVICTED

OF A CRIME (EIGHT AMENDMENT)• RIGHT TO FAIR COMPENSATION FOR PRIVATE PROPERTY TAKEN BY THE

GOVERNMENT FOR A PUBLIC PURPOSE (FIFTH AMENDMENT)• PROTECTION FROM THE TAKING OF LIFE, LIBERTY, OR PROPERTY

WITHOUT DUE PROCESS OF LAW (FIFTH AMENDMENT)• A WELL REGULATED MILITIA (SECOND AMENDMENT)• RIGHT TO KEEP AND BEAR ARMS (SECOND AMENDMENT)

Lesson 3-2 – Amendments to the Constitution

• 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.

Lesson 3-2 – Amendments to the Constitution

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.

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 of peace be quartered in any house, without the consent of the Owner, nor in time of way, but in a manner to be prescribed by law.

Lesson 3-2 – Amendments to the Constitution

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 probably cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons 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, 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.

Lesson 3-2 – Amendments to the Constitution

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.

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 other-wise re-examined in any Court of the United States, then according to the rules of the common law.

Lesson 3-2 – Amendments to the Constitution

Amendment VIII – Excessive bail shall not be required, nor excessive fines imposed, nor cruel and usual 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 respectively, or to the people.

Lesson 3-2 – Amendments to the Constitution

Civil Rights…

• The Constitution serves as a shield for the civil rights of the people. Civil rights are personal, natural rights guaranteed by the Constitution.

Due Process of Law…

• Legal rights are the benefits to which a person is justly entitled by law.• Legal duties are obligations or standards of conduct toward other persons

that are enforceable by law. • Due process of law requires fundamental fairness in compliance with

reasonable and just laws.

Lesson 3-2 – Amendments to the Constitution

Abolishing Slavery – Thirteenth Amendment

The Right to Vote – Fifteenth Amendment

Lesson 3-3 – Division and Balance of Powers

• 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.

Lesson 3-3 – Division and Balance of Powers

Warren E. Burger, former Chief Justice of the U.S. Supreme Court, has pointed out that at the time the Constitution was drafted and adopted, “There was not a country in the world that governed with separated and divided powers providing checks and balances on the exercise of authority by those who governed.”

This system gives specific authority to each of the three basic branches of government.

Lesson 3-3 – Division and Balance of Powers

Branches of Government• Legislative Branch – The legislative branch at the federal level is the Congress.

Two bodies exist; The Senate and the House of Representatives.• The House has the power to initiate the impeachment of any civil officer

of the U.S., including the President and the Vice President for treason, bribery, or other high crimes and misdemeanors. However, the Senate has the sole power to try all impeachment cases. Impeachment cases involve trying a government official for misconduct in office.

• Executive Branch – President and Vice President• Judicial Branch – Supreme Court of the United States

Lesson 3-3 – Division and Balance of Powers

Our Form of Government – In a pure democracy every adult citizen may vote on all issues. Instead, we have a republic or a representative democracy. Voters select their representative to the legislative, executive, and judicial braches of government.

Sovereignty of the States – means freedom from external control.

AssignmentPage 48 – Create a Wordle from www.wordle.net with the vocabulary words found in the blue rounded rectangle. (20 points for printout)

Page 49 – You may have a partner for this one if you want. “Write About Legal Concepts.” - # 18 –Rewrite the Bill of Rights so that it relates to your life. Get ready to present it to the class. Make a Power Point where your rights are on slides to use as a visual aid. This is worth 50 POINTS.

Don’t forget to read the Gideon vs. Wainwright case on page 51.