1. Law for Business and Personal Use © Thomson South-Western CHAPTER 2 Constitutional Rights 2-1Foundations of the U.S. Constitution 2-2Division and Balance of Governmental Powers 2-3The Internet and Constitutional Rights

2. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 2 2-1 2-1Foundations 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.

3. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 3 FOCUS What are the documents that formed the United States?

4. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 4 THE DOCUMENTS THAT FORMED A NATION Declaration of Independence Articles of Confederation U.S. Constitution The Bill of Rights

5. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 5 THE BILL OF RIGHTS Amendment I Amendment II Amendment III Amendment IV Amendment V Amendment VI Amendment VII Amendment VIII Amendment IX Amendment X

6. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 6 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.

7. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 7 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.

8. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 8 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.

9. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 9 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.

10. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 10 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.

11. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 11 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.

12. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 12 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.

13. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 13 U.S. BILL OF RIGHTS: AMENDMENT VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

14. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 14 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.

15. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 15 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.

16. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 16 What document’s statement of human rights formed the basis for the first ten amendments to the U.S. Constitution?

17. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 17 CIVIL RIGHTS Due process of law The abolition of slavery The right to vote Denial by gender Denial by age Peripheral rights

18. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 18 How does the Constitution address and protect citizens’ civil rights?

19. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 19 2-2 2-2Division 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

20. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 20 FOCUS What are checks and balances? Why are checks and balances necessary?

21. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 21 A SYSTEM OF CHECKS AND BALANCES Branches of government Legislative branch Executive branch Judicial branch Changing the Constitution The U.S. form of government

22. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 22 How did the Constitution create a system of checks and balances?

23. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 23 THE POWER TO GOVERN Sovereignty of the states Limiting states’ powers Powers of the federal government

24. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 24 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)

25. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 25 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)

26. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 26 How is the power to govern divided between the federal and state governments?

27. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 27 2-3 2-3The 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

28. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 28 FOCUS How does the Internet enhance the free flow of information in a society and worldwide?

29. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 29 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

30. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 30 What characteristic of the Internet makes exercising legal control over it nearly impossible?

31. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 31 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

32. Law for Business and Personal Use © Thomson South-Western Chapter 2 Slide 32 What are the constitutional issues related to use of the Internet?