law for business and personal use © south-western publishing chapter 3 slide 1 amendments to the...

LAW FOR BUSINESS AND PERSONAL USE LAW FOR BUSINESS AND PERSONAL USE © SOUTH-WESTERN PUBLISHING© SOUTH-WESTERN PUBLISHING

Chapter 3Chapter 3 Slide Slide 11

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 AND RIGHTS

U.S. Bill of RightsCivil rightsDue process of lawPeripheral rights

U.S. BILL OF RIGHTS: AMENDMENT I

Congress shall make no law respecting an establishment of religionreligion, or prohibiting the free exercise thereof; or abridging the freedom of speechspeech, or of the presspress, or the right of the people peaceably to assembleassemble, and to petitionpetition the Government for a redress of grievances.

Ensures that U.S. citizens would enjoy the human rights proclaimed in the Declaration of Independence

U.S. BILL OF RIGHTS: AMENDMENT II

A well regulated MilitiaMilitia, being necessary to the security of a free State, the right of the people to keep and bearbear ArmsArms, shall not be infringed.

U.S. BILL OF RIGHTS: AMENDMENT III

No SoldierSoldier shall, in time of peace be quarteredquartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

U.S. BILL OF RIGHTS: AMENDMENT IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonableunreasonable searches and seizuressearches 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.

U.S. BILL OF RIGHTS: AMENDMENT V

No person shall be held to answer for a capitalanswer for a capital, or otherwise infamous crimecrime, 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 twicesame offense to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himselfwitness against himself, nor be deprived of life, liberty, or property, without due without due processprocess of law; nor shall private property be takenprivate property be taken for public use without just compensation.

U.S. BILL OF RIGHTS: AMENDMENT VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trialspeedy and public trial, by an impartial juryimpartial 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 informed of the nature and cause of the accusationthe nature and cause of the accusation; to be confronted with the witnesses against himconfronted with the witnesses against him; to have compulsory process for obtaining witnesses in his obtaining witnesses in his favorfavor, and to have the assistance of counselassistance of counsel for his defense.

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 juryright 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.

U.S. BILL OF RIGHTS: AMENDMENT VIII

Excessive bailExcessive bail shall not be required, nor excessive excessive finesfines imposed, nor cruel and unusual punishmentscruel and unusual punishments inflicted.

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.

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.

Civil Rights

Personal, natural rights guaranteed by the Constitution

Role of neutrality for GovernmentSeparation between church and stateTolerate all religions but supports none

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 RightsLegal Rights – benefits to which a person is justly entitled by law

Legal DutiesLegal Duties – obligations or standards of conduct toward other persons that are enforceable by law

Due Process of Law

Due processDue process requires fundamental fairness in compliance with reasonable and just laws.

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

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

MORE CONSTITUTIONAL AMENDMENTS

Abolishing slaveryThe right to voteLimiting states’ powers

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

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

Limiting states’ powers

Fourteenth Amendment – state governments are barred from depriving any person of life, liberty, or property without due process of law

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

3-2 Questions

a) First

3-2 Questions

The right of privacy is guaranteed in the Bill of Rights

TRUE / FALSE

3-2 Questions

The _________ Amendment extends due process protection to state acts.

3-2 Questions

14th Amendment

3-2 Questions

The Sixth Amendment preserves the right to trial by jury in criminal trials.

TRUE / FALSE

3-2 Questions

The Fifth Amendment states no one shall be deprived of life, liberty, or property without ____________.

3-2 Questions

due process of law

3-2 Questions

Legal rights and duties are always the same as moral rights and duties.

TRUE / FALSE

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

3-2 Questions

d) All of the above

3-2 Questions

Which of the following issues does the Fourteenth Amendment address?

a) Voting

b) Citizenship

c) Privacy

d) Slavery

3-2 Questions

b) citizenship

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

OUR SYSTEM OF CHECKS AND BALANCES

System that gives specific authority to each of the three basic branches of government

Branches of governmentsLegislative branch Executive branchJudicial branch

Changing the ConstitutionOur form of government

Legislative branch

CongressSenate – 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 impeachmentSenate has power to trial all impeachment cases Impeachment CasesImpeachment Cases – involve trying a government official

for misconduct in office

Executive Branch

Headed by the President and Vice President

Political PartyPolitical Party – private organization of citizens who select and promote candidates for election to public office

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

Checks and Balances

Changing the Constitution

AmendmentAmendment – 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

Our Form of Government

DemocracyDemocracy – governmental system in which citizens vote directly to decide issues

RepublicRepublic – voters select their representatives to the legislative, executive, and judicial branches

What’s your Verdict?

Who is correct about system of government?

Neither Max nor JuneShould study the issues the political

candidates views & select the party that most closely reflects your views

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

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

3-3 Questions

Under our Constitution, all spending bills must originate in the _______________

3-3 Questions

House of Representatives

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 lawsc) power to define and apply probate lawsd) the states retained all of the above

powers

3-3 Questions

d) the states retained all of the above powers

3-3 Questions

Individual states in the U.S. can coin money.

TRUE / FALSE

3-3 Questions

The legislative branch of the federal government is the _____________

3-3 Questions

Congress

3-3 Questions

The U.S. Senate is made up of _____________ members from every state.

3-3 Questions

The U.S. House of Representatives is made up of the same number of members from each state.

TRUE / FALSE

3-3 Questions

The U.S. Senate has the power to initiate impeachment proceedings against a U.S. President

TRUE / FALSE

3-3 Questions

The _____________ branch of government is headed the President.

3-3 Questions

Executive

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