CHAPTER 2 Constitutional Rights

1. CHAPTER 2Constitutional Rights 2-1 Foundations of the U.S. Constitution 2-2 Division and Balance of Governmental Powers 2-3 The Internet and Constitutional Rights

2. 2-1 Foundations 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. Chapter 2

3. THE DOCUMENTS THAT FORMED A NATION • Declaration of Independence • Articles of Confederation • U.S. Constitution • The Bill of Rights Chapter 2

4. Amendment I Amendment II Amendment III Amendment IV Amendment V Amendment VI Amendment VII Amendment VIII Amendment IX Amendment X THE BILL OF RIGHTS Chapter 2

5. 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. Chapter 2

6. 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. Chapter 2

7. 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. Chapter 2

8. 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. Chapter 2

9. 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. Chapter 2

10. 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. Chapter 2

11. 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. Chapter 2

12. U.S. BILL OF RIGHTS: AMENDMENT VIII • Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Chapter 2

13. 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. Chapter 2

14. 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. Chapter 2

15. CIVIL RIGHTS • Due process of law • The abolition of slavery • The right to vote • Denial by gender • Denial by age • Peripheral rights Chapter 2

16. A SYSTEM OF CHECKS AND BALANCES • Branches of government • Legislative branch • Executive branch • Judicial branch • Changing the Constitution • The U.S. form of government Chapter 2

17. THE POWER TO GOVERN • Sovereignty of the states • Limiting states’ powers • Powers of the federal government Chapter 2

18. 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) Chapter 2

19. SELECTED FEDERAL REGULATORY AGENCIES (continued) • Occupational Safety and Health Administration (OSHA) • Consumer Product Safety Commission (CPSC) • Food and Drug Administration (FDA) • Environmental Protection Agency (EPA) • Nuclear Regulatory Commission (NRC) Chapter 2

20. 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 Chapter 2

21. 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 Chapter 2