Business & Personal Law
Chapter 3
Constitutional 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.
Assignment
Page 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.