Business Law I

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Transcript Business Law I

Business Law I
Foundations of Our Constitution
Chapter 3
Mr. Kretschmer
Declaration of
Independence
• July 4, 1776
• “All men are created equal, that they are
endowed by their Creator with certain
unalienable rights”.
• Life, liberty, and the pursuit of
happiness
• American War of Independence has
already begun.
Articles of Confederation
• One-house legislature
• Strict term limits placed on members of
Congress
• Power to declare war, make peace, enter into
treaties and alliances, manage relations with
Indian nations, coin money, settle differences
between states, establish a postal system,
and appoint a Commander in Chief
• National Defense - Paid for by the federal
government
Articles of Confederation
• States are asked to make payments to
the national treasury
• Major bills would require a two-thirds
vote
• Amendments to the Articles would
require a unanimous vote of the states
U.S. Constitution
• Philadelphia - Summer 1787
• Seven Articles
• Our existence as a country began on
March 4, 1789
• Critics said that it failed to protect
human rights
• Led to the adoption of the Bill of Rights
Bill of Rights
• First 10 amendments to the U.S.
Constitution
• Protected against the violation of human
rights from the Federal Government
Bill of Rights
Freedom of:
• Religion
• Speech
• Assemble Peacefully
• Security in Person and Property against
unreasonable searches and seizures
• Right to remain silent if accused of a crime
• Right to enjoy a speedy and public trial by an
impartial jury
• Right to not be tried for the same crime twice.
Bill of Rights
• Right to defense counsel in a trial to confront
witnesses against oneself
• Protection against cruel and unusual
punishment if convicted of a crime
• Right to fair compensation for private property
taken by the government for public purpose
• Protection from taking of life, liberty, or
property without due process of law
Bill of Rights
• Well-regulated militia
• Right to keep and bear arms
Civil Rights
• Personal, natural rights guaranteed by
the Constitution
• Freedom of speech
• Freedom of the press
• Freedom to assemble
Due Process of Law
• 5th Amendment - No person shall be
deprived of life, liberty, or property,
without due process of law
Due Process of Law
Due process is assured by guaranteeing:
• The right to assemble peaceably
• The right to be secure against unreasonable
searches and seizures
• The right not to be a witness oneself in any
criminal case
• In criminal cases, the right to a fair and
speedy trail
• Trial by jury in civil suits
• Excessive bail will not be required nor
excessive fines, nor cruel and unusual
punishment inflicted
More Constitutional
Amendments
Abolish Slavery - 13th amendment
The Right to Vote - 15th amendment
In the South they enacted a pole tax, so
slaves could not afford to vote
Limited States Power - No state shall
make laws that contradict the
Constitution of the United States
Legislative Branch
Senate - 2 members from every state
House of Representatives - In
Proportion to the size of the state
http://www.senate.gov/
http://www.house.gov/
Executive Branch
• Headed by the President and VicePresident
• Not necessarily the president with the
most votes wins - Electoral Votes
• Happened four times - 1824, 1876,
1888, President Bush’s First Election
Judicial Branch
• Headed by the Supreme Court of the
United States
Changing the
Constitution
• Amendments - 2 ways:
1. Is proposed by a two-thirds majority
vote in both the Senate and the House
2. Legislatures of two thirds of all the
states to call a convention of all the
states.
Any Questions