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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
GOALS
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AMENDMENTS AND RIGHTS
U.S. Bill of RightsCivil rightsDue process of lawPeripheral rights
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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
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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.
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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.
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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 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.
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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.
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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 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.
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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 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.
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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.
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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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Civil Rights
Personal, natural rights guaranteed by the Constitution
Role of neutrality for GovernmentSeparation between church and stateTolerate all religions but supports none
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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
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Due Process of Law
Due processDue process requires fundamental fairness in compliance with reasonable and just laws.
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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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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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MORE CONSTITUTIONAL AMENDMENTS
Abolishing slaveryThe right to voteLimiting states’ powers
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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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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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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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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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3-2 Questions
a) First
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3-2 Questions
The right of privacy is guaranteed in the Bill of Rights
TRUE / FALSE
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3-2 Questions
FALSE
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3-2 Questions
The _________ Amendment extends due process protection to state acts.
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3-2 Questions
14th Amendment
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3-2 Questions
The Sixth Amendment preserves the right to trial by jury in criminal trials.
TRUE / FALSE
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3-2 Questions
TRUE
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3-2 Questions
The Fifth Amendment states no one shall be deprived of life, liberty, or property without ____________.
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3-2 Questions
due process of law
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3-2 Questions
Legal rights and duties are always the same as moral rights and duties.
TRUE / FALSE
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3-2 Questions
FALSE
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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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3-2 Questions
d) All of the above
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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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3-2 Questions
b) citizenship
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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
GOALS
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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
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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
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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
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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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Checks and Balances
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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
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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
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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
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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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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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3-3 Questions
Under our Constitution, all spending bills must originate in the _______________
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House of Representatives
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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
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d) the states retained all of the above powers
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3-3 Questions
Individual states in the U.S. can coin money.
TRUE / FALSE
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FALSE
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3-3 Questions
The legislative branch of the federal government is the _____________
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Congress
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3-3 Questions
The U.S. Senate is made up of _____________ members from every state.
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two
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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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FALSE
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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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FALSE
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3-3 Questions
The _____________ branch of government is headed the President.
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Executive