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CHAPTER 2Constitutional 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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2-12-1 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.

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FOCUS

What are the documents that formed the United States?

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THE DOCUMENTS THAT FORMED A NATION

Declaration of Independence Articles of Confederation U.S. Constitution The Bill of Rights

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THE BILL OF RIGHTS

Amendment I Amendment II Amendment III Amendment IV Amendment V

Amendment VI Amendment VII Amendment VIII Amendment IX Amendment X

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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.

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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.

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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.

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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.

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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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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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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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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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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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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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What document’s statement of human rights formed the basis for the first ten amendments to the U.S. Constitution?

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CIVIL RIGHTS

Due process of law The abolition of slavery The right to vote

Denial by gender Denial by age

Peripheral rights

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How does the Constitution address and protect citizens’ civil rights?

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2-22-2 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

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FOCUS

What are checks and balances? Why are checks and balances

necessary?

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A SYSTEM OF CHECKS AND BALANCES

Branches of government Legislative branch Executive branch Judicial branch

Changing the Constitution The U.S. form of government

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How did the Constitution create a system of checks and balances?

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THE POWER TO GOVERN

Sovereignty of the states Limiting states’ powers Powers of the federal government

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SELECTED FEDERAL REGULATORY AGENCIES 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)

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SELECTED FEDERAL REGULATORY AGENCIES Occupational Safety and Health Administration

(OSHA) Consumer Product Safety Commission (CPSC) Food and Drug Administration (FDA) Environmental Protection Agency (EPA) Nuclear Regulatory Commission (NRC)

(continued)

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How is the power to govern divided between the federal and state governments?

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2-32-3 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

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FOCUS

How does the Internet enhance the free flow of information in a society and worldwide?

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WHO CONTROLS THE INTERNET?

Foundations of cyberlaw The birth of the Internet The World Wide Web Evolving legal issues in cyberspace

The ongoing issue of jurisdiction International jurisdiction

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What characteristic of the Internet makes exercising legal control over it nearly impossible?

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INTERNET-RELATED CONSTITUTIONAL ISSUES

Freedom of speech Roth v. United States Miller v. California Communications Decency Act Child Online Protection Act

The right of privacy

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What are the constitutional issues related to use of the Internet?