Transcript Business Law

Ch. 2: Constitutional Rights
Declaration of Independence
July 4, 1776
 Met in Philadelphia
 Drafted by Thomas Jefferson, Virginia

Articles of Confederation

13 colonies united in 1781
 Government was to be conducted by a one-
house legislature
 Strict term limits
U.S. Constitution

Drafted in the summer of 1787
Constitution

Article I
 Section 1: All Legislative Powers shall be
vested in Congress of the United States,
which shall consist of a Senate and a House
of Representative
Constitution

Article I
 Section 2: House of Representatives
○ Chosen every two years
○ Minimum age of 25 years old
○ Citizen of US for seven years
○ Number of representatives shall not exceed
one for every 30,000 but each state shall have
one representative
○ Has sole Power of Impeachment
Constitution

Article I
 Section 3: Senate shall be composed of two
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
Senators from each state
Term is for six years
Minimum age of 30 years old
Citizen for nine years
Vice President of United States is the President
of the Senate
○ Has no vote unless there is a tie
 Sole Power to try all Impeachments
○ Convicted without 2/3 conviction
Constitution

Article I
 Section 6: Shall receive a compensation for
their services
 Shall in all cases, except Treason, Felony,
and Breach of Peace, be privileged from
arrest during their attendance at the session,
and in going to and returning from.
Constitution

Article I
 Section 7: Bills become laws
○ All bills shall pass both the House and the
Senate
○ Be presented to the President
 Sign it
 Return it with Objections
 Sit on it – Becomes law after 10 days
Constitution

Article II
 Section 1
 Executive Powers shall be vested in a




President
Hold office for four years
No person except a natural born citizens
shall be eligible to the office
Minimum age of 35
14 years citizen
Constitution

Article II
 Section 1
 Presidential oath:
 “ I do solemnly swear that I will faithfully
execute the Office of President of the United
States, and I will to the best of my ability,
preserve, protect, and defend the
Constitution of the United States”
Constitution

Article II
 Section 2
○ President shall be Commander in Chief of the
Army and Navy of the United States
 Section 3
○ President shall from time to time give to
Congress Information of the State of the
Union
Constitution

Article III
 Section 1: The judicial powers shall be
vested in one supreme Court
 Section 2: Deals with all cases arising
under the Constitution
○ To controversies between two or more states
○ Between a State and Citizens of another State
○ Between Citizens of different states
Bill of Rights

First 10 Amendments
Bill of Right
Amendment I
 Congress shall make no law
representing 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 to peaceably to assemble,
and to petition the Government for a
redress of grievances .
Bill of Rights
Amendment II
 Right of the people to keep and bear
arms.
Bill of Rights
Amendment IV
 The right of the people to be secure in
their persons, house, papers, and
effects, against unreasonable searches
and seizures, shall not be violated
 No Warrants shall issue, but upon
probable cause. Particularly describing
the place to be searched, and the
persons or things to be seized.
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
 Nor shall any person be subject for the
same offence to be twice put in jeopardy of
life or limb (Double Jeopardy)
 Nor shall be compelled in any criminal case
be a witness against himself (Plead Fifth)
Bill of Rights
Amendment V
 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
(Eminent Domain)
Bill of Rights
Amendment VI
 Right to a speedy and public trial, by an
impartial jury, and be informed of the nature
and cause of accusation
 Be confronted with the witnesses against him
 Have compulsory process of obtaining
witnesses in his favor
 To have the assistance of counsel for his
defense
Bill of Rights
Amendment VIII
 Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishment inflected.
Amendment XIII

Neither slavery nor involuntary servitude
shall exist within the United States.
Amendment XIV
All persons born or naturalized in the
United States are citizens of the United
States
 Males 21 have the right to vote

Amendment XV

The rights of citizens to vote shall not be
denied or abridged on the account of
race, color, or previous condition of
servitude.
 Gives all males with money the right to vote
Amendment XVII
Senate of the United States shall be
composed of two Senators from each
state
 6 years
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Amendment XIX

The rights of citizens to vote shall not be
denied on account of sex.
 Gives all males and females with money the
right to vote
Amendment XX
Section 1
 The terms
of the President and VicePresident shall end at noon on January 20.
 The terms of Congress end on January 3.
Amendment XX
Section 3
 If the President
shall die, the Vice-President
elect shall become President.
Amendment XXII
No person shall be elected to the office
of President more then twice
 No person can President more than 10
years

Amendment XXIV

The rights of the citizens to vote shall
not be denied by reason of failure to pay
any poll tax or other taxes
Amendment XXV

In cases of the removal of the President,
the Vice President shall become
President
Amendment XXVI

The rights of the citizens who are 18
years of age to vote shall not be denied
based on age
 Gives 18 year old males and females the
right to vote.
Civil Rights
Personal, natural rights of the individual
governed by the U.S. Constitution
 Most vital right is?

 First Amendment
Due Process of Law
Not defined in Constitution
 Defined by U.S. Supreme Court
 At a minimum, must be provided
adequate notice and a proper hearing.
 Fundamental fairness
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
Turn to page 30 and answer the
Assessment questions
Assessment
Assessment Answers
July 4, 1776
2. Happiness
3. Eight Years
4. False (Confederation)
5. Rights
1.
Assessment Answers
Rhode Island
7. First Amendment
8. True
9. True
10. True
6.
Assessment Answers
Yes, The protection of the Bill of Rights
against governmental action were not
extended to the states until much later.
12. Loyalty to the King of England and fear
of reprisal.
13. Perhaps but no rights are absolute.
The police acted in the public interests
of safety and health.
11.
System of Checks and Balance

Balance power between governmental
branches by having the powers given
one branch check the powers given
another.
Branches of Government

Legislative Branch
 Congress
○ House of Representatives
○ Senators

Executive Branch
 President of U.S. and Vice-President

Judicial Branch
 Supreme Court of U.S.
Amendments

Changes to Constitution
 Proposed by a 2/3 majority vote in both
House and Senate
 Requires the legislatures of 2/3 of all states
to call a convention
Pure Democracy

Every adult citizen may vote on all
issues
 All most impossible to do to get everyone to
vote on everything
Republic
Another name is Representative
Democracy
 Voters select representatives

 We still have a say by voting
Power to Govern
Sovereignty
 Talked about in the 10th Amendment
 Means supreme political authority free
from external control.
Powers of the Federal
Government
Duty to protect every state against
invasion
 May establish post office, coin money,
and tax on imports and exports
 Federal and State Legislators may
impose other taxes – Sales and Income

Powers of the Federal
Government

Regulate Interstate Commerce – Trade
between states
 States regulate Intrastate Commerce –
Within state
Federal Agencies

Federal Trade Commission (FTC)
 Enforces laws against anti-competitive
business activities

Securities and Exchange Commission
(SEC)
 Regulates the disclosure of information
related to the buying and selling of stocks.
Federal Agencies

National Labor Relations Board (NLRB)
 Deals employees’ rights to join labor unions
and to participate in collective bargaining

Federal Communication Commissions
(FCC)
 Interstate channels of communication
Federal Agencies

Equal Employment Opportunity
Commission (EEOC)
 Workplace discrimination

Occupational Safety and Health
Administration (OSHA)
 Workplace health and safety
Federal Agencies

Consumer Product Safety Commission
(CPSC)
 Safety of various consumer products (toys)
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Food and Drug Administration (FDA)
 Enforces pure food and drug acts
 Tests and reviews any new drugs
 Conducts food production inspections
Federal Agencies
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Environmental Protection Agency (EPA)
 Enforces antipollution Acts
 Regulates and handles cleanup of
hazardous chemicals

Department of Homeland Security
(DHS)
 Protects American homelands from terrorist
attacks
Assessment
Turn to page 35
 Complete the Assessment

Assessment Answers
House
2. (D) The states retained all of the above
powers
3. False
1.

4.
Only done by federal government
Congress
Assessment Answers
5.
6.
Two
False

7.
False

8.
Based on the population
House of Representative
Executive
Assessment Answers
No. Power is left to the federal
government
10. Forcing everyone to vote might cause
people to pay attention to the election.
May also bring people unprepared to
cast an informed ballot.
11. Carefully evaluate what caused the
ERA to fail before putting forward a new
effort.
9.
Controls the Internet

Cyberlaw
 Governs the use of computers in e-
commerce and the internet
World Wide Web

HTML – hypertext markup language
 Dictates the format of standard web
documents

HTTP – hypertext transfer protocol
 Provides the standard for exchanging files
Communications Decency Act

Controls the knowing transmittal of
obscene material
Child Online Protection Act

Requires commercial sites to use up-todate methodology to restrict access to
their sites containing material harmful to
children.
Assessment Questions

Page 43
Assessment Answers
State Court
2. False
3. False
4. Communication Decency Act
5. Long Arm Statutes
1.
Assessment Answers
6.
7.
Current law in the US generally calls for
the standard of obscenity in the
recipient’s state to be used.
Privacy advocacy groups, civil liberties
groups, and groups representing
minorities and consumers would
support the change.

Marketing groups that rely on the
government data, government planning
entitites
Ch. 2 Assessment
Pg. 45 – Review Legal Concepts

Writing Legal Concepts #19,
#20

Think Critically
 Pg. 46 Analyze Cases
