Constitutional Rights

Business Law

Declaration of Independence

July 4, 1776 13 original colonies met We’re all equal- have certain rights

– Life, liberty, pursuit of happiness

Said King of England was a tyrant We need our own government

Articles of Confederation- 1781

Promised:– One house legislature (Congress)– Power to declare war, make peace, treaties, etc.– National defense paid for by the government– States asked to make payments to national treasury– Major legislation requires 2/3 vote– Amendments require unanimous state vote

Many thought stronger government needed- – States disagreed- called another meeting

U.S. Constitution- Summer of 1787

“Of the People, By the People, For the People” Defined federal government’s responsibilities Defined rights provided to the people Bill of Rights:

– First 10 Amendments to the Constitution– Freedom of religion, speech, peacefully assemble (1)– Freedom from unreasonable searches/seizures (4)– Right to remain silent (5) “Plead the 5th”– Speedy trial by an impartial jury (5th and 6th)

Bill of Rights Continued

Right to not be tried for same crime twice (5) Right to defense in a trial (6th) Protection from cruel, unusual punishment (8) Right to fair compensation for property taken by

the government (5) Due process of law (5) Well-regulated militia (2) Right to keep and bear arms (2)

Civil Rights and Due Process

Personal, natural rights guaranteed by Const. 1st Amendment- speech, press, assemble Due Process (5th Amendment)

– No person deprived of life, liberty, property Without due process

– Legal rights- benefits entitled to by law– Legal duties- standards of conduct enforceable by law

Abolishing Slavery

Slavery originally tolerated under Constitution– Until the Civil War

Thirteenth Amendment written, abolishing slavery, as a country

Before then, certain states argued to keep it– And were successful

Right to Vote

15th Amendment- gave slaves right to vote– Excluded gender: Women still couldn’t vote

19th Amendment- gave women right to vote– Happened MUCH later

Checks and Balances

Authority to each branch (3) of government Legislative Branch:

– Congress- 2 bodies- each can block each other– House- members proportionate to population– Senate- 2 representative from each state– Make laws- majority vote required to pass a law– House has power to impeach for treason, bribery, etc.

But Senate has power to try all impeachment cases

– Members must be elected House (two year term), Senate (six year term)

Checks and Balances

Executive:– President and Vice-President- elected by vote– Political Party

Private organization of citizens Select, promote candidates for election to office

Judicial:– Headed by Supreme Court of the U.S.– Decides whether a law (statute) is constitutional

Which was passed by Congress, signed by Pres.

Changing the Constitution

Amendment:– Changing or altering the constitution– Must be 2/3 vote in Congress

Democracy:– All adults may vote on issues– Impossible with 300 million people

So, Republic (or representative democracy):– Voters select representatives who vote on our behalf

Sovereignty of the States

“Freedom from external control” States govern their citizens within borders 10th Amendment says:

– Anything not governed by federal gov’t.– Left to the states… if not governed there, people are free to

choose States:

– Free to govern MOST business law: Contract law, criminal and tort law, property law, domestic relations

law, etc.

Power of the Federal Government

Duty to protect each state from invasion Raise and support army, navy, air force Regulate interstate commerce (not intra-) Regulate foreign commerce (import, export) Establish post offices, coin money, etc. Impose taxes

Declaration of Independence

___________________________ 13 original colonies met We’re all equal- have certain rights

– Life, liberty, pursuit of happiness

Said King of England was _______________ We need our own government

Articles of Confederation- 1781

Promised:– One house legislature (_________________)– Power to declare war, make peace, treaties, etc.– National defense paid for by the government– States asked to make payments to national treasury– Major legislation requires _________________– Amendments require unanimous state vote

Many thought stronger government needed- – States disagreed- called another meeting

U.S. Constitution- Summer of 1787

“___ the people, ___ the people, ___ the people” Defined federal government’s responsibilities Defined rights provided to the people Bill of Rights:

– ____________________________ to the Constitution– Freedom of religion, speech, peacefully assemble (1)– Freedom from unreasonable searches/seizures (4)– Right to remain silent (5) “______________________”– Speedy trial by an ___________________(5th and 6th)

Bill of Rights Continued

Right to not be tried for same crime twice (5) Right to ___________________ in a trial (6th) Protection from cruel, unusual punishment (8) Right to fair compensation for property taken by

the government (5) Due process of law (5) Well-regulated militia (2) Right to ___________________________ (2)

Civil Rights and Due Process

Personal, natural rights guaranteed by Const. 1st Amendment- __________________________ Due Process (5th Amendment)

– No person deprived of life, liberty, property Without due process

– Legal rights- _________________________________– Legal duties- standards of conduct enforceable by law

Abolishing Slavery

Slavery originally tolerated under Constitution– Until ____________________

Thirteenth Amendment written, abolishing slavery, as a country

Before then, certain states argued to keep it– And were successful

Right to Vote

15th Amendment- gave _______ right to vote– Excluded gender: Women still couldn’t vote

19th Amendment- gave _________________– Happened MUCH later

Checks and Balances

Authority to each branch (3) of government Legislative Branch:

– Congress- 2 bodies- each can __________________– House- members proportionate to population– Senate- 2 representative from each state– Make laws- _______________ required to pass a law– House has power to impeach for treason, bribery, etc.

But Senate has power to try all impeachment cases

– Members must be elected House (______ year term), Senate (______ year term)

Checks and Balances

Executive:– __________________________- elected by vote– Political Party

Private organization of citizens Select, promote candidates for election to office

Judicial:– Headed by ______________________________– Decides whether a law (statute) is constitutional

Which was passed by Congress, signed by __________

Changing the Constitution

Amendment:– Changing or altering the constitution– Must be _______________ in Congress

Democracy:– All adults may vote on issues– Impossible with 300 million people

So, Republic (__________________________):– Voters select representatives who vote on our behalf

Sovereignty of the States

“Freedom from _________________ control” States govern their citizens within borders 10th Amendment says:

– Anything not governed by federal gov’t.– Left to the states… if not governed there, people are

_______________________________ States:

– Free to govern MOST _____________________: Contract law, criminal and tort law, property law, domestic relations

law, etc.

Power of the Federal Government

Duty to protect each state from ___________ Raise and support army, navy, air force Regulate __________ commerce (not intra-) Regulate foreign commerce (import, export) Establish post offices, coin money, etc. Impose _____________