Business Law Chapter 3-2 & 3

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LESSON 3-2
Chapter 3 Slide 1
Amendments to
the Constitution
GOALS
 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
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Chapter 3 Slide 2
AMENDMENTS AND RIGHTS
U.S. Bill of Rights
Civil rights
Due process of law
Peripheral rights
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Chapter 3 Slide 3
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.
Ensures that U.S. citizens would enjoy the human rights
proclaimed in the Declaration of Independence
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Chapter 3 Slide 4
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.
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Chapter 3 Slide 5
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.
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Chapter 3 Slide 6
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.
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Chapter 3 Slide 7
U.S. 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, 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.
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Chapter 3 Slide 8
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.
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Chapter 3 Slide 9
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.
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Chapter 3 Slide 10
U.S. BILL OF RIGHTS:
AMENDMENT VIII
Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments
inflicted.
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Chapter 3 Slide 11
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.
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Chapter 3 Slide 12
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.
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Chapter 3 Slide 13
Civil Rights
Personal, natural rights guaranteed by
the Constitution
Role of neutrality for Government
Separation between church and state
Tolerate all religions but supports none
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Chapter 3 Slide 14
Due Process of Law
 One of the most significant amendments:
 Fifth – “no person shall be . . . Deprived of
life, liberty, or property, without the due
process of law…”
 Legal Rights – benefits to which a person is
justly entitled by law
 Legal Duties – obligations or standards of
conduct toward other persons that are
enforceable by law
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Chapter 3 Slide 15
Due Process of Law
Due process requires fundamental
fairness in compliance with reasonable
and just laws.
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Chapter 3 Slide 16
Peripheral Rights
Some rights are not explicitly mentioned
in the U.S. Constitution/Bill of Rights,
but courts have recognized them as
necessary to protect.
Right of privacy
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Chapter 3 Slide 17
What’s Your Verdict?
Is the right to privacy mentioned in our
Constitution or Bill of Rights?
No – not specifically mentioned, but it is
a “peripheral” right
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Chapter 3 Slide 18
MORE CONSTITUTIONAL
AMENDMENTS
Abolishing slavery
The right to vote
Limiting states’ powers
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Chapter 3 Slide 19
Abolishing slavery
 Thirteenth Amendment – “Neither slavery nor
involuntary servitude, except as a punishment
for a crime whereof the party shall have been
duly convicted, shall exist within the United
States, or any place subject to their
jurisdiction.”
 What’s Your Verdict?
 Was Ida telling the truth?
 Yes
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Chapter 3 Slide 20
The right to vote
Fifteenth Amendment provided slaves
the right to vote, but with a poll tax
Twenty-Fourth Amendment – no poll tax
Nineteenth Amendment – gave women
the right to vote
Twenty-Sixth – gave 18 year olds right
to vote
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Chapter 3 Slide 21
Limiting states’ powers
Fourteenth Amendment – state
governments are barred from depriving
any person of life, liberty, or property
without due process of law
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Chapter 3 Slide 22
3-2 Questions
 Which of the first 10 amendments
guarantees freedom of speech?
a) First
b) Second
c) Third
d) Freedom of speech is not guaranteed
in the Bill of Rights
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Chapter 3 Slide 23
3-2 Questions
a) First
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Chapter 3 Slide 24
3-2 Questions
The right of privacy is guaranteed in the
Bill of Rights
TRUE / FALSE
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Chapter 3 Slide 25
3-2 Questions
FALSE
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Chapter 3 Slide 26
3-2 Questions
The _________ Amendment extends
due process protection to state acts.
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Chapter 3 Slide 27
3-2 Questions
14th Amendment
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Chapter 3 Slide 28
3-2 Questions
The Sixth Amendment preserves the
right to trial by jury in criminal trials.
TRUE / FALSE
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Chapter 3 Slide 29
3-2 Questions
 TRUE
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Chapter 3 Slide 30
3-2 Questions
The Fifth Amendment states no one
shall be deprived of life, liberty, or
property without ____________.
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Chapter 3 Slide 31
3-2 Questions
 due process of law
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Chapter 3 Slide 32
3-2 Questions
 Legal rights and duties are always the
same as moral rights and duties.
TRUE / FALSE
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Chapter 3 Slide 33
3-2 Questions
 FALSE
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Chapter 3 Slide 34
3-2 Questions
 Which of the following rights is
included in the Sixth Amendment?
a) The right to a speedy criminal trial
b) The right to a public criminal trial
c) The right to have defense counsel in a
criminal trial
d) All of the above
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Chapter 3 Slide 35
3-2 Questions
d) All of the above
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Chapter 3 Slide 36
3-2 Questions
 Which of the following issues does the
Fourteenth Amendment address?
a) Voting
b) Citizenship
c) Privacy
d) Slavery
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Chapter 3 Slide 37
3-2 Questions
b) citizenship
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Chapter 3 Slide 38
LESSON 3-3
Division and
Balance of Powers
GOALS
 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
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Chapter 3 Slide 39
OUR SYSTEM OF
CHECKS AND BALANCES
System that gives specific authority to each
of the three basic branches of government
Branches of governments
Legislative branch
Executive branch
Judicial branch
Changing the Constitution
Our form of government
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Chapter 3 Slide 40
Legislative branch
 Congress
 Senate – two members from every state – regardless of
population [ 6-yr. Term ]
 House of Representatives – seats allocated according
to population [ 2-yr. Term ]
 Senate & House could block each other’s vote
{checks & balance}
 House has power of impeachment
 Senate has power to trial all impeachment cases
 Impeachment Cases – involve trying a government official
for misconduct in office
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Chapter 3 Slide 41
Executive Branch
Headed by the President and Vice
President
Political Party – private organization of
citizens who select and promote
candidates for election to public office
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Chapter 3 Slide 42
Judicial Branch
Headed by the Supreme Court of the
United States
Decides if statutes passed by legislative
branch and signed by the President are
constitutional
Involved if President exceed powers
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Chapter 3 Slide 43
Checks and Balances
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Chapter 3 Slide 44
Changing the Constitution
Amendment – change or alteration of
the constitution
1) Proposed by 2/3rds vote in Senate &
House
2) Legislatures of 2/3rds of all states to
call a convention of all states
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Chapter 3 Slide 45
Our Form of Government
Democracy – governmental system in
which citizens vote directly to decide
issues
Republic – voters select their
representatives to the legislative,
executive, and judicial branches
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Chapter 3 Slide 46
What’s your Verdict?
Who is correct about system of
government?
Neither Max nor June
Should study the issues the political
candidates views & select the party that
most closely reflects your views
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Chapter 3 Slide 47
DOES THE FEDERAL GOVERNMENT
HAVE TOTAL GOVERNING POWER?
Sovereignty of the states –
Amendment X (freedom from external
control)
Most states control business & contract
law / criminal and tort law / realty /
probate / domestic relations
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Chapter 3 Slide 48
DOES THE FEDERAL GOVERNMENT
HAVE TOTAL GOVERNING POWER?
Powers of the federal government
-- duty to protect every state against invasion
-- raise and support armies/navy/air force
-- power to regulate interstate commerce /
foreign commerce
-- post office / coin money / tax imports &
exports
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Chapter 3 Slide 49
3-3 Questions
Under our Constitution, all spending
bills must originate in the
_______________
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Chapter 3 Slide 50
3-3 Questions
 House of Representatives
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Chapter 3 Slide 51
3-3 Questions
 Which of the following powers was not
retained by the states?
a) power to define and apply tort (personal
injury) law
b) power to define and apply criminal laws
c) power to define and apply probate laws
d) the states retained all of the above
powers
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Chapter 3 Slide 52
3-3 Questions
d) the states retained all of the above
powers
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Chapter 3 Slide 53
3-3 Questions
Individual states in the U.S. can coin
money.
TRUE / FALSE
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Chapter 3 Slide 54
3-3 Questions
 FALSE
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Chapter 3 Slide 55
3-3 Questions
The legislative branch of the federal
government is the _____________
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Chapter 3 Slide 56
3-3 Questions
Congress
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Chapter 3 Slide 57
3-3 Questions
The U.S. Senate is made up of
_____________ members from every
state.
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Chapter 3 Slide 58
3-3 Questions
 two
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Chapter 3 Slide 59
3-3 Questions
The U.S. House of Representatives is
made up of the same number of
members from each state.
TRUE / FALSE
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Chapter 3 Slide 60
3-3 Questions
 FALSE
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Chapter 3 Slide 61
3-3 Questions
 The U.S. Senate has the power to
initiate impeachment proceedings
against a U.S. President
TRUE / FALSE
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Chapter 3 Slide 62
3-3 Questions
 FALSE
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Chapter 3 Slide 63
3-3 Questions
 The _____________ branch of
government is headed the President.
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Chapter 3 Slide 64
3-3 Questions
 Executive
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