2
CHAPTER
Constitutional Rights
2-1 Foundations of the U.S.
Constitution
2-2 Division and Balance of
Governmental Powers
2-3 The Internet and
Constitutional Rights
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2-1 Foundations of
the U.S. Constitution
GOALS
 Identify the documents written in the
course of the nation’s founding
 Explain how the U.S. Constitution
addresses and protects citizens’ civil
rights.
Chapter 2
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FOCUS
 What are the documents that formed
the United States?
Chapter 2
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THE DOCUMENTS THAT
FORMED A NATION
 Declaration of Independence
 July 4, 1776
 Articles of Confederation
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13 sovereign former colonies
One-house legislature (Continental congress)
2-7 represented from each state
Each state 1 vote
Strict term limits on congress
major legislation would require 2/3 vote
amendments to the Articles would require unanimous vote from
states.
 U.S. Constitution
 The Bill of Rights
Chapter 2
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THE DOCUMENTS THAT
FORMED A NATION
 U.S. Constitution
 March 4, 1789
 4 states (NC, NY, VA, RI) thought constitution
did not protect human rights enough
 The Bill of Rights
 Protection of our civil rights
Chapter 2
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The Bill of
Rights
Know the
Amendments by
Number and content
Bill of Rights
 Created to make sure that U.S. citizens
would enjoy the human rights given to
them in the Declaration of Independence
 Based on Three English documents
 The Magna Carta
 The Petition of Right
 The Bill of Rights
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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.
Chapter 2
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Amendment I
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Freedom of Religion
Freedom of Speech
Freedom of Press
Right to Assemble peaceably
Right to petition government for redress
of grievances. (To ask government to
correct a wrong without the fear of
punishment)
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U.S. BILL OF RIGHTS:
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.
Chapter 2
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Amendment II
 Right to bear arms
 A well regulated Militia used for
freedom or security
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U.S. BILL OF RIGHTS:
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.
Chapter 2
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Amendment III
 No Soldier shall in time of peace be
quartered in any house without the
consent of the owner
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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 probable
cause, supported by oath or affirmation, and
particularly describing the place to be
searched, and the persons or things to be
seized.
Chapter 2
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Amendment IV
 Right against unreasonable search
and seizures
 Warrants issued must have probable
cause
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U.S. BILL OF RIGHTS:
AMENDMENT V
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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
dangers; 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.
Chapter 2
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Amendment V
 Right to due process of the law
 Right against
self incrimination
QuickTime™ and a
Sorenson Video 3 decompressor
 Private are
property
taken
needed to see this
picture. for public use
must be compensated
 Double Jeopardy
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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.
Chapter 2
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Amendment VI
 Right to a speedy and public trial
 Right to be tried in the district crime
was committed
 Right to Confront witnesses
 Right to council
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U.S. BILL OF RIGHTS:
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.
Chapter 2
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Amendment VII
 Right of Trial by Jury
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U.S. BILL OF RIGHTS:
AMENDMENT VIII
 Excessive bail shall not be required,
nor excessive fines imposed, nor cruel
and unusual punishments inflicted.
Chapter 2
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Amendment VIII
 No cruel and unusual punishments
 No excessive bails or fines
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U.S. BILL OF RIGHTS:
AMENDMENT IX
 The enumeration in the Constitution of
certain rights shall not be construed to
deny or disparage others retained by
the people.
Chapter 2
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Amendment IX
 The enumeration in the Constitution
of certain rights shall not be
construed to deny or disparage
others retained by the people
(Basically, there are still other rights
you have that are not listed. Power
of the people)
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U.S. BILL OF RIGHTS:
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.
Chapter 2
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Amendment X
 Power of the states
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What document’s statement of
human rights formed the basis for
the first ten amendments to the
U.S. Constitution?
The Magna Carta
Chapter 2
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CIVIL RIGHTS
 Government created separation of church and state.
The gov. allows all religions but endorses none.
 Due process of law – not defined in the constitutuion
but defined by case law
 “at minimum, a defendant over whom jurisdiction has been
established must be provided adequate and a proper
hearing”
 Person arrested of a crime
 Person who has been served with process in civil matter
 Person brought up on charges by an administrative agency.
 Requires fairness in the law.
Chapter 2
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CIVIL RIGHTS
 The abolition of slavery- 13th amendment.
 The right to vote –
 15th former slaves right to vote
 19th women right to vote (1920)
 26th voting age reduced to 18 years (1971)
 Peripheral rights – rights not mentioned in
constitution but recognized by the courts as
necessary to protecting the rights that are
mentioned.
 Right to privacy
Chapter 2
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Chapter 2
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How does the Constitution
address and protect citizens’ civil
rights?
The first 10 amendments
became the shield for civil
rights.
Chapter 2
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2-2 Division and Balance of
Governmental Powers
GOALS
 Describe the system of checks and
balances in the U.S. government
 Explain how the power to govern is
divided between the federal and state
governments
Chapter 2
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FOCUS
 What are checks and balances?
 Why are checks and balances
necessary?
Chapter 2
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A SYSTEM OF CHECKS AND
BALANCES
 Branches of government
 Legislative branch –
 Congress can block action of House, House could block action of the
senate.
 Congress (House of Representatives) – seats allocated to states in proportion
to their population.
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Impeach any civil officer for treason, bribery, high crimes or misdemeanors
 Senate – 2 members from every state
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Impeachment Cases trying a government official for misconduct in office (2/3 vote
needed to win)
 Executive branch – headed by President and Vice-President
 Judicial branch – Headed by Supreme Court
 Decides on Constitutionality of a statue passed by legislative branch
 Decides if action or decision exceeds the powers granted to the
executive branch.
Chapter 2
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A SYSTEM OF CHECKS AND
BALANCES
 Changing the Constitution
 Amendment – change or alter the
constitution. To make an amendment
 Proposed by 2/3 majority in both Senate and
House (all to date have happened this way)
 legislatures of 2/3 of all the states to call a
convention of all states and the convention may
propose one or more amendments
 Once proposed ¾ of the states legislatures
must vote yes
Chapter 2
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A SYSTEM OF CHECKS AND
BALANCES
 The U.S. form of government
 democracy – every adult citizen votes on
all issues
 republic – representative democracy
(voters select representatives to
legislative, executive and judicial branches
of government)
Chapter 2
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How did the Constitution create a
system of checks and balances?
by creating three branches of
government with separated and
divided powers for each branch.
Chapter 2
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THE POWER TO GOVERN
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Sovereignty of the states – freedom from external control.
 States retain most power over business law, contract law, most criminal and tort
law, real property and probate law, and domestic relations law.
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Limiting states’ powers –bill of rights limit both federal and state
governments ability to abuse power.
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Powers of the federal government –
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may raise and support armies and national defense.
Establish post offices, coin money and tax imports and exports.
Interstate commerce – commerce between states.
Create Federal regulatory agencies that have legal powers. (p.34)
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Chapter 2
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OSHA
SEC
FTC
FDA
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SELECTED FEDERAL
REGULATORY AGENCIES
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Federal Reserve System’s Board of Governors
Federal Trade Commission (FTC)
Securities and Exchange Commission (SEC)
National Labor Relations Board (NLRB)
Federal Communications Commission (FCC)
Equal Employment Opportunity Commission
(EEOC)
Chapter 2
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SELECTED FEDERAL
REGULATORY AGENCIES
(continued)
 Occupational Safety and Health Administration
(OSHA)
 Consumer Product Safety Commission (CPSC)
 Food and Drug Administration (FDA)
 Environmental Protection Agency (EPA)
 Nuclear Regulatory Commission (NRC)
Chapter 2
Slide 41
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How is the power to govern
divided between the federal and
state governments?
Chapter 2
Slide 42
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2-3 The Internet and
Constitutional Rights
GOALS
 Understand the issues of jurisdiction
that arise with Internet usage
 Identify the various constitutional
issues involved in the use of electronic
communication
Chapter 2
Slide 43
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FOCUS
 How does the Internet enhance the free
flow of information in a society and
worldwide?
Chapter 2
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WHO CONTROLS
THE INTERNET?
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Foundations of cyberlaw
The birth of the Internet
The World Wide Web
Evolving legal issues in cyberspace
 The ongoing issue of jurisdiction – The law
sought to apply its preexisting procedures and
control devices to the “legal” issues of the
internet. Problems arose in determining
jurisdiction. (Sometimes state / Sometimes
Federal)
 International jurisdiction – under change
Chapter 2
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WHO CONTROLS
THE INTERNET?
 Jurisdiction –
 Two vital considerations –
 The laws of the sate in which the case is filed must allow suits against
non-resident defendants. Called Long-arm statutes.
 Whether or not allowing the state or federal court to decide the case
would be a violation of the due process requirements.
 Current law state establishment of jurisdiction by a state
over a nonresident defendant is only proper if the defendant
has either a “substantial, continuous, and systemic
presence” in the state or has “minimum contacts” with the
state.
Chapter 2
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What characteristic of the Internet
makes exercising legal control
over it nearly impossible?
The decentralization of the Internet makes
exercising legal control by current
institutions over it nearly impossible
Chapter 2
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INTERNET-RELATED
CONSTITUTIONAL ISSUES
 Freedom of speech
 Roth v. United States – obscenity did not have the
protection of the 1st amendment. It could be banned if it had
no redeeming social importance.
 Miller v. California – questionable material were to be
judged by the standards of the community affected.
 Communications Decency Act – (1996) to control the
knowing transmittal of obscene material through the
Internet. (fines and prison). Eventually found
unconstitutional because of the ambiguous term “indecent”
 Child Online Protection Act – (1998). requires commercial
sites to use up-to-date software to restrict access to their
sites containing material harmful to children. “harmful
material”? (Page 39 what’s your verdict?)
Chapter 2
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INTERNET-RELATED
CONSTITUTIONAL ISSUES
 The right of privacy – revolves around a
person’s reasonable expectations as to
whether his or her actions, communications,
beliefs, and other personal attributes deserve
protections from those who would improperly
use them.
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Chapter 2
Slide 49
Company e-mail (Not private)
spamming? Cookies
No legislation about users while your online
Legislation against gathering information on the videos
and cable programs you rent or watch.
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What are the constitutional issues
related to use of the Internet?
Freedom of speech and
the right to privacy
Chapter 2
Slide 50
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