Constitutional Rights Chapter 2 Section 2-1

slide1. Constitutional Rights Chapter 2<br>
slide2. Section 2-1 Foundations of the U.S. Constitution<br>
slide3. What’s your verdict? When the Constitutional Convention sent the proposed Constitution to the states for ratification, it met with strong opposition. Patrick Henry, James Monroe, and John Hancock, for example, all opposed it. When the Constitution was put into effect in 1789, two colonies had yet to ratify it. The ratification did not become unanimous until 1790.

What caused the opposition to the Constitution? What action resolved the dispute?<br>
slide4. Declaration of Independence On July 4, 1776, in Philadelphia, delegates from the 13 original American colonies adopted the Declaration of Independence which asserts the rights desired by the colonists.
Thomas Jefferson drafted it in less than a month and it was went through a total of 47 alterations by the committee and Congress.
It was believed that to secure their rights, they would need to have their own government which would draw its power from the people.
At this same time, the American War of Independence had begun and lasted more than 8 years with the colonies claiming victory over the British.<br>
slide5. Articles of Confederation One-house legislature (the “United States in Congress”) w/ 2 to 7 representatives from each state getting 1 vote.
No member of Congress could serve more than 3 yrs. in a 6 yr. pd.
Legislature had power to declare war, make peace, enter into treaties & alliances, manage relations w/ Indian nations, coin money, settle differences btwn. states, establish a postal system, & appoint a Commander in Chief. Common treasury that was funded by the states paid for the common defense or general welfare.
No privileges & immunities for paupers, vagabonds, fugitives from justice, and slaves.
Major legislation required a 2/3’s vote for passage.
Amendments to the Articles would require a unanimous vote of the states. In 1781, each of the 13 former colonies with its own independent form of government, united under a charter called the Articles of Confederation.<br>
slide6. U.S. Constitution Many people felt that the Articles didn’t provide a strong enough govt. and a special convention of delegates from the 13 states was called in Philadelphia in 1787.
An entirely new governmental framework was created in the form of the U.S. Constitution.
The 7 articles of the U.S. Constitution detailed a workable structure for a fed. govt.
By June 21, 1788, the Constitution had been ratified by 9 of the 13 colonies.
March 4, 1789, was selected as the date the govt. was to begin operation under the new constitution.
Ratification took so long b/c critics felt the wording of the Constitution failed to provide adequate protection of the human rights proclaimed in the Declaration of Independence.<br>
slide7. What’s your verdict? Answer:
What caused the opposition to the Constitution? What action resolved the dispute?
North Carolina and Rhode Island took longer to ratify because they felt this failure to protect human rights had to be corrected. The situation was resolved by the adoption of the Bill of Rights.<br>
slide8. The Bill of Rights The first 10 amendments to the Constitution are known as the Bill of Rights and they ensure that U.S. citizens would enjoy the human rights proclaimed in the Declaration of Independence.
3 documents from England that contributed greatly to our Bill of Rights were: the Magna Carta, the Petition of Right of 1628, and the Bill of Rights.
Amendment I- Freedom of religion, speech, press, assembly, and petition.
Amendment II- Right to keep and bear arms in order to maintain a well regulated militia.
Amendment III- No quartering of soldiers.<br>
slide9. The Bill of Rights (cont.) Amendment IV- Freedom from unreasonable searches and seizures.
Amendment V- Right to due process of law, freedom from self-incrimination, double jeopardy.
Amendment VI- Rights of accused persons, e.g., right to a speedy and public trial.
Amendment VII- Right of trial by jury in civil cases.
Amendment VIII- Freedom from excessive bail, cruel and unusual punishments.
Amendment IX- Other rights of the people.
Amendment X- Powers reserved to the states.<br>
slide10. Checkpoint ? What English documents helped form the basis for the first ten amendments to the U.S. Constitution?
The Magna Carta, the English Petition of Right, and the English Bill of Rights.<br>
slide11. What’s your verdict? One afternoon, during a class break, Bill and Santos were talking. Bill complained that his parents had been monitoring the websites he had visited on his computer. “I can’t believe they can do that. What about my civil right of privacy?” Santos replied, “I went through the same thing with my parents. When I complained about it, my dad said there was no mention of a right of privacy in the Constitution.”

Was Santos’ father correct?<br>
slide12. Civil Rights As a result of Bill of Rights & other amendments, the Constitution became a shield for the personal, natural rights of the individual which became known as civil rights.
Most vital civil right = 1st amendment – freedom of speech, religion, press and right to assemble,<br>
slide13. Due Process of Law Fifth Amendment – Due process of law
Unlike Declaration of Independence, the Constitution doesn’t mention “the pursuit of happiness” but by having respect for others life, liberty, and property helps others be secure and content.
Although Constitution does not provide definition to due process, the U.S. Supreme Court has through decisions they’ve made.
Due process of law – a defendant over whom jurisdiction has been established must be provided adequate notice and a proper hearing.
Requires fundamental fairness in compliance w/ reasonable and just laws
Due process is embodied throughout the Constitution: 4th, 5th, 6th, 7th & 8th amendments<br>
slide14. The Abolition of Slavery Originally the practice of slavery was tolerated under the Constitution.
Slaves were further dehumanized by a provision in Article I that counted them as only three-fifths of a person for the purpose of apportioning representatives to Congress.
Under Article IV, a slave who escaped to another state had to be returned to “the party to whom such service or labor may be due.”
Thirteenth Amendment negated this by stating “neither slavery nor involuntary servitude, except as a punishment for a crime whereof the party shall have been duly convicted, shall exist within the U.S., or any place subject to their jurisdiction.<br>
slide15. The Right to Vote The Fifteenth Amendment provided the newly freed slaves the legal right to vote.
However, some southern states enacted a poll tax that required each citizen to pay a specific amount to be eligible to vote and many former slaves could not afford to pay a tax in order to vote.
More than 100 years after the Civil War began, the Twenty-Fourth Amendment guaranteed that the right to vote in federal elections “shall not be denied or abridged . . . by reason of failure to pay any poll tax or other tax.”
All taxes were then ruled unconstitutional under the Fourteenth Amendment.<br>
slide16. The Right to Vote (cont.) Denial by Gender
The exclusion of “gender” in the Fifteenth Amendment was a deliberate denial of voting rights to women of all races.
This injustice was removed in 1920 with the passing of the Nineteenth Amendment. Denial by Age
Students protested during the Vietnam War b/c they objected to being eligible to fight in a war at 18 but not able to vote until 21.
The Twenty-Sixth Amendment was approved in 1971 which changed voting age to 18.<br>
slide17. Peripheral Rights Some rights are not explicitly mentioned in the U.S. Constitution or Bill of Rights, but courts have recognized them as necessary to protecting the rights that are mentioned. These are known as peripheral rights.
The Right of Privacy is one. It is not specifically mentioned in the Constitution or Bill of Rights but in the 1960’s the U.S. Supreme Court acknowledged the right of privacy as a separate right and has been reinforced by several federal acts.<br>
slide18. What’s your verdict? Answer:
Was Santos’ father correct?
Even though Santos’ father was technically correct, the civil right of privacy does exist. However, concurrent with that right is the right of parents to control the health and welfare of their children. Therefore, such monitoring of website visits of underage children is legally permissible.<br>
slide19. Checkpoint ? How does the Constitution address and protect citizens’ civil rights?
The first ten amendments to the Constitution (Bill of Rights) became a shield for civil rights. Later amendments to the Constitution outlawed slavery and guaranteed the right to vote to African Americans, women, and all citizens age 18 and older.<br>
slide20. Section 2-2 Division and Balance of Governmental Powers<br>
slide21. What’s your verdict? Emil, a newly naturalized citizen of the United States, had studied the Constitution in detail. When he heard a U.S. senator refer to the United States as a democracy, he became upset. “This is not a democracy,” he declared. “The senator is wrong.”

Who is correct?<br>
slide22. A System of Checks and Balances The 55 delegates who drafted the U.S. Constitution displayed great foresight in devising a unique system of checks and balances.
Balance of power among the 3 branches of govt.
Each branch has the power to block the improper accumulation and use of power by another branch.<br>
slide23. Branches of Government Legislative Branch
Makes the laws
Congress is heart of it at federal level
2 bodies were created to offset states w/ larger populations dominating representation:
Senate – 2 members from every state regardless of population
House of Representatives – seats allocated to the states in proportion to population
Senate has sole power to try all impeachment cases - criminal proceedings against a government official for misconduct in office
Conviction requires a 2/3’s vote of Senate members present
People may vote for representatives to the House (for 2 yr. term), Senate (for 6 yr. term), president (4 yr. term)<br>
slide24. Branches of Government Executive Branch
Headed by pres. and vp
Electoral process – citizens vote for electors who are pledged to support candidates selected by political parties
Political party – private organization of citizens who select and promote candidates for election to public office
5 times a candidate who won the greatest popular vote for president didn’t get elected
Pres. can check the power of the legislative branch by vetoing proposed laws passed by Congress
Congress can overturn presidential veto by a 2/3’s vote of the House and Senate
Pres. can also appoint judiciary members w/ advice and consent of Senate<br>
slide25. Branches of Government Judicial
Headed by the Supreme Court
Primary check is power to decide on constitutionality of statute passed by legislative branch & signed by Pres. (executive branch)
May also decide if action or decision exceeds the powers granted to legislative & executive branch
If so, action is void<br>
slide26. Changing the Constitution A major check is provided by the power of constitutional amendment - a change or modification.
Amendments can happen in 2 ways:
Proposal by a 2/3’s majority vote in both the Senate & House (this has been used for all amendments to date).
Requires legislatures of 2/3’s of all the states to call a convention of all the states & they propose amendment.
Amendment only becomes valid if it is ratified by the legislatures of ¾’s of the states or by conventions in ¾’s of the states.<br>
slide27. The U.S. Form of Government In a pure democracy every adult citizen may vote on all issues.
Due to the logistics of making this happen, the U.S. acts as a republic or a representative democracy.
Voters select their representatives who make the day-to-day decisions.
However, the highest final authority to decide the law rests w/ the citizens who vote.
In many elections, only a minority usually exercise this right.<br>
slide28. What’s your verdict? Answer:
Who is correct?
Emil is correct. The United States is a republic – all changes have taken place by representatives of the people in Congress, in conventions, and in state legislatives.<br>
slide29. Checkpoint ? How did the Constitution create a system of checks and balances?
The Constitution created a system of checks and balances by allocating the same, or balanced, amount of power to each of the three branches of government. Some of the powers given to each branch allowed each the ability to check the abuse of power by the other branches.<br>
slide30. What’s your verdict? Several thousand people had assembled in the park for the annual Fourth of July celebration. The state’s senior U.S. senator opened the ceremonies. He said, “I am proud and pleased to be a citizen of the United States of America and of this great state. But, before I am a citizen of either state or country, I, like all of you, am a human being. Our humanity precedes our citizenship. Government exists only by the will and consent of the people. The people control the government. Any control by the government of the people occurs because the people have granted permission for that control.”
Does the senator’s analysis conform to the governmental structure created by the framers of the Constitution?<br>
slide31. The Power to Govern Why was the Bill of Rights added to the Constitution?
Adding it, led others to fear that by listing the rights to be protected, other unnamed rights might be open to attack.
This was addressed in the Ninth Amendment – “The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people.”<br>
slide32. Sovereignty of the States With same fear in mind, the Tenth Amendment acknowledges the continued sovereignty of all of the states to govern their own citizens w/in their own borders.
Sovereignty – supreme political authority free from external control
Constitution is a shield against the consolidation of unlimited power by the federal government.
Powers kept by the states include control over most business law and contract law, most criminal and tort law, real property and probate law, and domestic relations law.<br>
slide33. Limiting States’ Powers The Fifth Amendment had previously protected citizens by applying limitations only to the powers of the federal government.
The Fourteenth Amendment subjects the states to the same restraint.
Due process is not the only constitutional protection that the state governments are required to respect; others have been applied as well.
As a result, the shield of the Constitution is effective against abuse of power by both the federal and state governments.
Statutes have been enacted to provide comparable protection against abuse of power by private individuals & corporations.<br>
slide34. Powers of the Federal Government The federal govt. has the duty to protect every state against invasion (e.g. armies, navy, air force, etc.).
They may establish post offices, coin money, and tax imports and exports.
Both federal and state legislatures may impose other taxes – on sales and on incomes.
The federal govt. has exclusive power to regulate interstate commerce – commerce that affects trade between states, and foreign commerce.
As a result of the Great Depression’s impact on interstate commerce the federal govt. assumed more and more power in the regulation of business and is exercised through agencies. These agencies have the force of the federal law behind them.
Each state retains authority to regulate intrastate commerce – trade w/in its own borders.<br>
slide35. What’s your verdict? Answer:
Does the senator’s analysis conform to the governmental structure created by the framers of the Constitution?
Yes, the senator’s analysis does conform to the governmental structure, however, additional amendments have been ratified to correct the deficiencies in the Constitution.<br>
slide36. Checkpoint ? How is the power to govern divided between the federal and state governments?

The federal government is responsible for national defense; establishing post offices; coining money; taxing imports, exports, sales, and incomes; and regulating interstate commerce. The Tenth Amendment declares that all other powers “. . . Are reserved to the States . . . or the people.”<br>
slide37. Section 2-3 The Internet and Constitutional Rights<br>
slide38. What’s your verdict? Sharksinthepool.biz Inc. is a Nevada manufacturing company that sells an elbow-stiffening device for pool players. The device holds the elbow in the proper position for a smooth and accurate follow through while cueing a ball. The device has been very popular for several years and has only been sold on the Internet to customers throughout the United states as well as in Japan, Canada, Mexico, Europe, and South America. Recent research into the use of this device has found that even moderate use may cause a pinched-nerve syndrome somewhat like carpel tunnel but in the user’s elbow. You are the founder and president of the company. You are extremely concerned about the lawsuits that may be filed against your company.
Where may these suits be filed? What jurisdiction’s law will be used to decide these cases once filed?<br>
slide39. The Foundations of Cyberlaw Cyberlaw is law that governs the use of computers in e-commerce and, more generally, the Internet.
Legal issues involve the computer and jurisdiction, trademarks, copyrights, contracts, privacy, obscenity, defamation, security of data, and crime.
The Birth of the Internet
U.S. Dept. of Defense laid groundwork for Internet in late 1960’s during the “Cold War.”
Advanced Research Projects Agency (ARPA) tying together computers on various academic campuses and research centers in a network called ARPANET.
So successful academics outside of defense took notice & in late 1980’s National Science Foundation (NSF) network was built.
Then commercial interests inquired & were initially turned down b/c up until 1991 all the users of the NSF network had to agree to contract that disallowed the use of the Internet for business purposes.<br>
slide40. The Foundations of Cyberlaw (cont.) The World Wide Web
Internet was opened up to new users starting in 1990 through the creation of hypertext – a nonlinear format for the publishing of information used to send e-mails, transfer mountains of data, and converse in chat rooms.
This was all mostly developed by 1 person – Tim Berners-Lee – who created the World Wide Web (www) Program
He did not seek patent or copyright protection for it & intended users to have open access to as wide a body of info. as possible.
This was accomplished through the use of a scanning program called a browser which utilizes the attributes of hypertext to allow immediate access to any and all subjects & the background info. to comprehend it.
He also created hypertext markup language (HTML) & hypertext transfer protocol (HTTP).
**The very decentralization of the Internet makes it nearly impossible to exercise legal control over it and what goes on within it.**<br>
slide41. The Foundations of Cyberlaw (cont.) Legal Issues in Cyberspace
Cyberlaw is a constant state of development in many separate areas at once.
The previous subjects governed under cyberlaw have been the focus of many decisions intended to resolve the legal issues raised by computer usage and the Internet.
The Ongoing Issue of Jurisdiction
Final answers to the legal questions in the subject areas of cyberlaw can only be arrived at after the court responsible for giving them is determined.<br>
slide42. Jurisdiction within the United States Vital issue becomes whether case should be decided within state where it was filed or in state where the e-business is physically located.
Answer is based on 2 legalities:
The laws of the state in which the case is filed must allow suits against nonresident defendants (“long-arm statutes”).
Whether or not allowing the state or federal court to decide the case would be a violation of the due process requirements of U.S. Constitution.
According to latest decisions, the establishment of jurisdiction by a state over a nonresident defendant is only proper if the defendant has either a “substantial, continuous, and systemic presence” in the state or has “minimum contacts” w/ the state.<br>
slide43. What’s your verdict? Answer:
Where may these suits be filed? What jurisdiction’s law will be used to decide these cases once filed?
The suits may be filed wherever the people are. The jurisdiction’s law from where the people are as well as in Nevada will be used.<br>
slide44. International Jurisdiction International cases are governed by international commercial law, which is always changing due to e-commerce.
E-commerce principle is that a country may exercise jurisdiction only over activities with a substantial effect on or in that country.
However, recent cases indicate an abandonment of this rule.<br>
slide45. Checkpoint ? What characteristic of the Internet makes exercising legal control over it nearly impossible?

The decentralization of the Internet makes exercising legal control by current institutions over it nearly impossible.<br>
slide46. Internet-Related Constitutional Issues Freedom of Speech
Protected federally by the First amendment and at the state level by the Fourteenth amendment.
Not only protect the fundamentals (speech, press, religion, etc.) but the extension of those forms as well (e.g. flag burning, anti-government publications, obscenities, etc.).
Fear is that by censoring the extensions it will impact the fundamentals.
However, even fundamentals are not absolute.
The basic law for obscenity was formulated by the U.S. Supreme Court in the 1950’s.<br>
slide47. Internet-Related Constitutional Issues (cont.) Roth v. United States
In Roth, the Court determined that obscenity did not have the protection of the First Amendment.
Protections given to speech and press were to ensure the open exchange of ideas that would allow necessary political and social change.
The challenge is to determine what is or is not obscene.
Standards have varied through the years.
In Roth, the key question was whether or not the questionable material had any redeeming social importance.<br>
slide48. Internet-Related Constitutional Issues (cont.)<br>
slide49. Internet-Related Constitutional Issues (cont.) Miller v. California
In 1960’s standard for obscene material was “utterly w/out redeeming social value” and was much more difficult to prove.
In 1973, Miller v. Cali. the Supreme Court toughened the standards by deciding that the questionable materials were to be judged by the standards of the community affected.
These standards were inadequate when applied to Internet environment.
Case law created “community standards.”
Local community standards help determine if material has any literary, artistic, political, or socially redeeming value.
Supreme Court decisions over last 50 yrs. have held that once material is determined to be obscene, it can be regulated by the local, state, and federal governments.<br>
slide50. Internet-Related Constitutional Issues (cont.) Communications Decency Act
In 1996, Congress passed the Communications Decency Act (CDA).
One purpose is to control the knowing transmittal of obscene material through the Internet.
Violations of it can get you heavy fines and imprisonment for up to 5 yrs. for first time offenders and stronger penalties there after.
Upon passage, groups like the American Civil Liberties Union and others fought to have the statutory portions relying on the term “indecent” declared unconstitutional.
Another part, Section 230, has been challenged b/c it grants immunity to publishers of third-party content on the Web.<br>
slide51. Internet-Related Constitutional Issues (cont.) Child Online Protection Act
The Child Online Protection Act (COPA) of 1998 required commercial sites to use up-to-date methodology to restrict access to their sites containing material harmful to children.
The term “harmful material” was unclear and some argued it applied to legitimate news publications, libraries, art museums, etc. and that it went against freedom of speech as expressed on the Internet.
After 10 yrs. of litigation, it was struck down in a district court only to be upheld by the U.S. Supreme Court in 2009.<br>
slide52. Internet-Related Constitutional Issues (cont.) The Right of Privacy Online
Right of privacy was legitimized by U.S. Supreme Court in 1960’s and since then has been based on a person’s reasonable expectations as to whether his or her actions, communications, beliefs, and other personal attributes deserve protection from those who would improperly use them.
A similar result can be expected from invasion-of-privacy suits based on information lifted from social-networking websites.
2 important numeric identifiers, birth date and SSN can be identified from social-networking sites.
Other issues: spamming, cookies, U.S. firms conducting bus. in European Union b/c their Internet laws are different.<br>
slide53. Checkpoint ? What are some of the constitutional issues related to use of the Internet?

The constitutional issues related to Internet use include freedom of speech and the right of privacy.<br>