Constitutional Rights Chapter 2

Documents that Formed our Nation Declaration of Independence – This document, drafted by Thomas Jefferson, asserted the rights that we desired. It was formally adopted in 1776. It charged King George III with “a history of repeated injuries and … absolute tyranny”. The document also told of the “unalienable rights … life, liberty and the pursuit of happiness”. To have these rights we would have to form our own government; the new government would draw its power from the people.

Articles of Confederation The 13 colonies united under a charter called the Articles of Confederation. This contained certain provisions. A one-house legislature (Continental Congress) - each state had one vote Term limits on members of Congress (no person could serve more than three years in a six-year period) Power to declare war or peace and make treaties, settle state disputes, coin money, etc.

The Next Step Many people felt the need for a stronger central government so in 1787 they gathered and drafted the U.S. Constitution. In addition to strengthening the government, they felt it had to protect the basic human rights - so they adopted the Bill of Rights.

Bill of Rights The Bill of Rights is the first 10 Amendments to the constitution. It was put in place to ensure that U.S. citizens would enjoy the human rights set forth in the Declaration on Independence. This was based off of three English documents – the Magna Carta, Petition of Right, and the Bill of Rights.

Civil Rights Through the Bill of Rights and other amendments that were to follow, the Constitution became our shield for personal and natural rights of citizens called Civil Rights.

The Constitution goes further… Due Process of Law The fifth amendment states that we cannot be punished without due process of law, but it didn’t specify what that meant. The Supreme Court has ruled that this means that a Defendant over whom jurisdiction has been established must be provided adequate notice and a proper hearing. The Constitution goes further…

Our form of Government In a pure Democracy, every adult citizen may vote on all issues. So whereas we are said to have a democratic system, in truth we don’t have a pure democracy. Instead we are a Republic or representative democracy.

Branches of Government We have three branches of government (Judicial, Legislative, and Executive) They look over each other with a system of checks and balances. We also have separation of powers between the states and the Federal Government.

Cyber Law Issues Include: Jurisdiction Contracts Privacy Obscenity Laws that govern the use of computers – legal issues arising from computers and the Internet Issues Include: Jurisdiction Contracts Privacy Obscenity Defamation Security of Data Trademarks Copyrights Crime