Business Law
Chapter 2 - Constitutional Rights
Our Nations Framing Documents
Declaration of Independence
 Adopted on July 4, 1776
 Declared independence from Great Britain
 American War of Independence lasted 8 years
o Fun Facts
 Written by Thomas Jefferson in less than 3 weeks
 Jefferson was upset that slavery
was edited out
 Jefferson died July 4, 1826 exactly 50 years after it was adopted
 The Sole Recanter: Richard Stockton
 Captured by British during Revolution; under duress of harsh
British confinement, Stockton recanted his signature on the
Declaration and declared his allegiance to the King George III
before he was released
 Bargain hunter bought an old copy of the Declaration of Independence
for $4
 Found in 1989 under an old painting; was one of 200 official
copies from the 1st printing; sold for $8.14 million
Articles of Confederation
 13 sovereign states

Delaware
Georgia
Maryland
Virginia
Rhode Island
Pennsylvania
Connecticut
South Carolina
New York
United loosely in 1781
under a charter
New Jersey
Massachusetts
New Hampshire
North Carolina
U.S. Constitution
 Was drafted in the summer of 1787
 Provided a workable framework for a federal government “of the people, by the people,
and for the people.”
 Was declared effective and binding by Congress on March 4, 1789
o 9 of 13 states ratified
o Remaining 4 concerned with human rights
The Bill of Rights
 The first ten
amendments to the U.S. Constitution
 Enacted as a shield against the possible violation of specified human rights
AMENDMENT I
 Freedom of Religion
 Freedom of Speech
 Freedom to Assembly
Texas v. Johnson (1989)
In a political demonstration during the Republican National Convention in Texas,
protesting the policies of the Reagan Administration and of certain corporations based in
Dallas, Gregory Lee Johnson doused an American flag with kerosene and set it on fire.
No one was hurt or threatened with injury, but some witnesses said they were seriously
offended, and Johnson was charged and convicted with the desecration of a venerated
object, in violation of the Texas Penal Code. In a split decision, the Supreme Court
determined that Johnson’s actions were symbolic speech protected by his First
Amendment Rights.
AMENDMENT II
 A well-regulated Militia
 Right to Keep and Bear Arms
AMENDMENT III
 No Soldier shall, in time of 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
 Security in person and property against Unreasonable Searches and Seizures
California v. Greenwood (1987)
Local police suspected Billy Greenwood was dealing drugs from his residence. Because
the police did not have enough evidence for a warrant to search his home, they
searched the garbage bags Greenwood had left at the curb for pickup. The police
uncovered evidence of drug use, which was then used to obtain a warrant to search the
house. That search turned up illegal substances, and Greenwood was arrested on felony
charges.
Did that violate the 4th Amendment?
Voting 6 to 2, the Court held that garbage placed at the curbside is unprotected by the
Fourth Amendment. The Court argued that there was no reasonable expectation of
privacy for trash on public streets "readily accessible to animals, children, scavengers,
snoops, and other members of the public."
AMENDMENT V
 Right to Remain Silent
if Accused of a Crime
 Right to Not be Tried for the Same Crime Twice
 Right to Fair Compensation for Private Property Taken by the Government for a Public
Purpose
 Protection from Taking of Life, Liberty, or Property without Due Process
of Law
Miranda v. Arizona (1966)
Ernesto Miranda was arrested after a crime victim identified him, but police officers
questioning him did not inform him of his Fifth Amendment right against selfincrimination. While he confessed to the crime, his attorney later argued that his
confession should have been excluded from trial. The Supreme Court agreed, deciding
that the police had not taken proper steps to inform Miranda of his rights.
AMENDMENT VI
 Right to enjoy a Speedy and Public Trial
 Right to a Defense
Counsel in a Trial
 Right to Confront Witnesses Against Oneself
 Constitution supreme law of the land
by an Impartial Jury
Gideon v. Wainwright (1963)
In June 1961, a burglary occurred at the Bay Harbor Pool Room in Panama City, FL. Police
arrested Clarence Earl Gideon after he was found nearby with a pint of wine and some
change in his pockets. Gideon, who could not afford a lawyer, asked a Florida Circuit
Court judge to appoint one for him arguing that the Sixth Amendment entitles everyone
to a lawyer. The judge denied his request and Gideon was left to represent himself. He
did a poor job of defending himself and was found guilty of breaking and entering and
petty larceny. While serving his sentence in a Florida state prison, Gideon began studying
law, which reaffirmed his belief his rights were violated when the Florida Circuit Court
refused his request for counsel. From his prison cell, he handwrote a petition asking the
U.S. Supreme Court to hear his case and it agreed. The Court unanimously ruled in
Gideon’s favor, stating that the Sixth Amendment requires state courts to provide
attorneys for criminal defendants who cannot otherwise afford counsel.
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 United States, than according to the rules of the
common law.
 Jury
AMENDMENT VIII
 Protection from Cruel or Unusual Punishment
if Convicted of a Crime
Roper v. Simmons (1985)
Matthew Simmons was sentenced to death for the murder of a woman when he was
seventeen years of age. In the 1988 case Thompson v. Oklahoma, the Supreme Court
ruled that executing persons for crimes committed at age fifteen or younger constitutes
cruel and unusual punishment in violation of the Eighth Amendment. Roper argued that
"evolving standards of decency" prevented the execution of an individual for crimes
committed before the age of eighteen. A majority of the Supreme Court agreed with
Roper, and held that to execute him for his crime would violate the Eighth Amendment.
AMENDMENT IX
 The enumeration in the Constitution of certain rights shall not be construed to deny or
disparage others retained by the people.
 Gives power to the people
AMENDMENT X
 Sovereignty of all the states to govern their own citizens within their own borders
 Power to the state
More Constitutional Amendments
 Abolishing slavery – 13th Amendment
 The right to vote – 15th Amendment
o Intentionally excluded “gender”
o Women vote 50 years later - 19th Amendment
o Change voting age to 18 – 26th Amendment
Our System Of Checks And Balances
 Branches of Governments
o Legislative branch
o Executive branch
o Judicial branch
 Changing the Constitution
 Our form of government
United States v. Nixon (1974)
A congressional hearing about President Nixon’s Watergate break-in scandal revealed that he
had installed a tape-recording device in the Oval Office. The special prosecutor in charge of the
case wanted access to these taped discussions to help prove that President Nixon and his aides
had abused their power and broken the law. President Nixon’s incomplete compliance with the
special prosecutor's demands was challenged and eventually taken to the Supreme Court of the
United States. The Court decided that executive privilege is not limitless, and the tapes were
released.
Legislative Branch
Senate
 2
members from every state, regardless of populations (100)
 Six-year
terms
 Power to try
all impeachment cases
House of Representatives
 Seats allocated to the states in proportion to their population
 2-year
terms
 Power to initiate
impeachment
(435)
Executive Branch
 President and Vice President
o Elections Regulated by a Combination of Federal and State Laws
o Each State is allocated a number of Electoral College Electors (total 538)
 How many electoral votes does Texas receive?
Judicial Branch
Supreme Court
 Primarily an appellate court
 Decides on constitutionality
of statutes
 1 Chief Justice; 8 Associate Justices
o Nominated by the President; confirmed by the Senate
o Life Tenure
ASSIGNMENT:
Summarize each of the cases discussed today in the space provided below.
Texas v. Johnson
Criminal or Civil Case?
Parties Involved?
Legal Issue it Addressed?
Summary of Case
California v. Greenwood
Criminal or Civil Case?
Parties Involved?
Legal Issue it Addressed?
Summary of Case
Miranda v. Arizona
Criminal or Civil Case?
Parties Involved?
Legal Issue it Addressed?
Summary of Case
Gideon v. Wainwright
Criminal or Civil Case?
Parties Involved?
Legal Issue it Addressed?
Summary of Case
Roper v. Simmons
Criminal or Civil Case?
Parties Involved?
Legal Issue it Addressed?
Summary of Case
United States v. Nixon
Criminal or Civil Case?
Parties Involved?
Legal Issue it Addressed?
Summary of Case