Chapter 2 Constitutional Rights

The Constitution Oldest document of its type Oldest document of its type Declaration of fundamental principles Declaration of fundamental principles “Supreme Law of the Land” “Supreme Law of the Land” Fifty state and one federal Fifty state and one federal

Constitution Does 3 basic things: Does 3 basic things: 1. Creates and defines powers of 3 branches Executive, legislative, judicial Executive, legislative, judicial 2. Limits the power of government Legal Focus Page 33 Legal Focus Page Government cannot intrude on fundamental liberties and rights of the people Scavenger Hunt Scavenger Hunt

Foundations of The Constitution Declaration of Independence Declaration of Independence WYV pg 25 WYV pg 25 Opposition Opposition Articles of Confederation Articles of Confederation Federal Gov’t had limited power Federal Gov’t had limited power

Fundamental Liberties and Rights??? We have the right to life, liberty, and pursuit of happiness. These are natural rights and they are inherent to each individual. They are beyond the power of government to grant or deny them. - Aristotle (384 – 322 B.C.)

Federalism A system in which two or more levels of government direct the affairs of the same people in the same location. A system in which two or more levels of government direct the affairs of the same people in the same location. Federalists vs. Anti-Federalists Federalists vs. Anti-Federalists Big debates during framing of constitution Big debates during framing of constitution Who wanted what? Who wanted what? Similar to today’s parties? Similar to today’s parties?

Limited Government Constitution limits government’s power Constitution limits government’s power Not even the President is above the law. Not even the President is above the law. Legal Focus Page 34 Legal Focus Page 34 Clinton Impeachment Clinton Impeachment Limits on Power Limits on Power Limits on Power Limits on Power Breaking news: Congress decides only blue eyed people can own land! Breaking news: Congress decides only blue eyed people can own land! Can they do this? Can they do this?

The Bill of Rights First 10 Amendments of the Constitution First 10 Amendments of the Constitution Page 27 Page 27 Derived from: Magna Carta, The Petition of Rights of 1628 Derived from: Magna Carta, The Petition of Rights of 1628 Constitution is Federal Law – how come these rights apply to State Governments Constitution is Federal Law – how come these rights apply to State Governments Fourteenth Amendment Fourteenth Amendment Due Process Due Process Gideon v Wainwright Gideon v Wainwright

First Amendment Freedoms “A collection of ‘Thou Shalt Nots’ directed at the government” – Hugo Black “A collection of ‘Thou Shalt Nots’ directed at the government” – Hugo Black Government Shall not make any laws that: Government Shall not make any laws that: Establishes or Prohibits Religion Establishes or Prohibits Religion Restricts Free Speech Restricts Free Speech Restricts the press Restricts the press Restricts peaceful assembly Restricts peaceful assembly Restricts peoples right to petition government Restricts peoples right to petition government

Freedom of Speech Three types of protected speech Three types of protected speech Pure speech, Speech plus, Symbolic speech Pure speech, Speech plus, Symbolic speech Limits on Freedom of Speech Limits on Freedom of Speech Legal Focus Page 46 and 48 Legal Focus Page 46 and 48 Quotes pg 47 and 48 Quotes pg 47 and 48 Commercial Speech is not protected the same Commercial Speech is not protected the same False advertising is illegal to protect public interest False advertising is illegal to protect public interest

Limits on Speech 1. Purposefully and wrongfully harm the reputation of another 2. Threaten or inspire immediate violence 3. Outweighed by the social interest in order and morality 4. Obscenities

What’s Obscene? To test for obscenity, consider: To test for obscenity, consider: a) Violates Community Standards b) Appeals to prurient interest c) Patently offensive sexual conduct d) No redeeming literary, artistic, political, or scientific value From Miller v. California From Miller v. California

Freedom of Religion Establishment Clause Establishment Clause Separation of church and state Separation of church and state In God We Trust In God We Trust Pledge of Allegiance Pledge of Allegiance Legal Issue pg 51 Legal Issue pg 51 Legal Focus pg 53 (top and bottom) Legal Focus pg 53 (top and bottom)

Limits on Religion The Lemon Test The Lemon Test Lemon v. Kurtzman, 1971 Lemon v. Kurtzman, 1971 State aid for religion must: State aid for religion must: a) Be secular in aim b) Not have primary effect of inhibiting or advancing religion c) Avoid excessive entanglement with religion

Simple, right? Can you have a moment of silence before a football game? Can you have a moment of silence before a football game? Can McHenry County post the Ten Commandments at the courthouse? Can McHenry County post the Ten Commandments at the courthouse? Can you have a webpage that advocates the violent overthrow of the government? Can you have a webpage that advocates the violent overthrow of the government? Can you have pictures on your website of your children in the bathtub? Can you have pictures on your website of your children in the bathtub?

Discussion Do you feel that prayers should be allowed in public schools? Why or why not? Do you feel that prayers should be allowed in public schools? Why or why not? What types of prayer, if any, would you allow? What types of prayer, if any, would you allow? In what circumstances, if any, would you allow prayer in public schools? In what circumstances, if any, would you allow prayer in public schools?

Civil Rights Due Process of Law Due Process of Law 4 th, 5 th, 6 th, 7 th, 8 th 4 th, 5 th, 6 th, 7 th, 8 th Abolition of Slavery Abolition of Slavery Right to vote Right to vote Denial by race / gender / age Denial by race / gender / age

Peripheral Rights Peripheral Rights Peripheral Rights Privacy Privacy What’s Your Verdict (pg 28) What’s Your Verdict (pg 28) Associated Press vs. Marine’s Family Associated Press vs. Marine’s Family

US Government Democracy Democracy All vote on all issues All vote on all issues Republic Republic Voters select representatives Voters select representatives

The Power to Govern Sovereignty of the States Sovereignty of the States Surpreme Authority Surpreme Authority 10 th Amendment 10 th Amendment Limiting State Powers Limiting State Powers Due Process Due Process 4 th, 5 th, 6 th 7 th, 8 th amendments 4 th, 5 th, 6 th 7 th, 8 th amendments 14 th Amendment 14 th Amendment Judicial Review Judicial Review

Marbury v. Madison Legal Issue – Page 36 Legal Issue – Page 36 What happened? Why is this case important? What happened? Why is this case important? What problems would either decision have caused for the court? What problems would either decision have caused for the court? What was the court’s decision? What was the court’s decision? What other more far-reaching decision did Marshall express for the Supreme Court? What other more far-reaching decision did Marshall express for the Supreme Court?

Judicial Review What would happen to the Blue-eye Law? What would happen to the Blue-eye Law? Any drawbacks to Judicial Review? Any drawbacks to Judicial Review? Issues that could be changed? Issues that could be changed? Ten Commandments in courthouse Ten Commandments in courthouse Flag burning Flag burning Abortion Abortion ??? ???

The Justices Describe the typical S.C. Justice Describe the typical S.C. Justice Job, Religion, Age, Education, Gender, Race Job, Religion, Age, Education, Gender, Race Web Quest Web Quest Remember to create account and the webquest there. Password: Remember to create account and the webquest there. Password:

System of Checks and Balances Balance of Power between Gov’t Branches Balance of Power between Gov’t Branches Veto / Override Veto / Override Judicial Review / Amendments Judicial Review / Amendments Statutes / Term Limits Statutes / Term Limits Voting / Electoral College Voting / Electoral College

Business and the Constitution Gibbons v. Ogden Gibbons v. Ogden Case Study Case Study The Commerce Clause The Commerce Clause Examples of federal regulation Examples of federal regulation Grading Meat, Car Safety, Funerals Grading Meat, Car Safety, Funerals Feds control Interstate commerce Feds control Interstate commerce

The Commerce Clause Congress cannot make any laws unless it is given power to do so from the constitution. Congress cannot make any laws unless it is given power to do so from the constitution. So how come there are federal laws about… So how come there are federal laws about… Pollution, Guns near schools, drugs? Pollution, Guns near schools, drugs? Page A-8 (Article I, Section 8, Clause 3) Page A-8 (Article I, Section 8, Clause 3) Is this abuse of power? Is this abuse of power?

The Internet Cyberlaw Cyberlaw Birth of the internet Birth of the internet National Defense (ARPA) National Defense (ARPA) Academia (NSF) Academia (NSF) World Wide Web World Wide Web Tim Berners-Lee Tim Berners-Lee

Internet Legal Issues Contracts, Privacy, Obscenity, Defamation, Security Contracts, Privacy, Obscenity, Defamation, Security Jurisdiction Jurisdiction Communications Decency Act Communications Decency Act Child Online Protection Act Child Online Protection Act

In This Case Pg 42 Pg 42

End of Chapter Quiz Quiz