1. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. CHAPTER 2 Constitutional Rights 2-1 2-1Foundations of the U.S. Constitution 2-2 2-2Division and Balance of Governmental Powers 2-3 2-3The Internet and Constitutional Rights

2. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 2 2-1Foundations 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

3. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 3 THE DOCUMENTS THAT FORMED A NATION Declaration of Independence Articles of Confederation U.S. Constitution The Bill of Rights First ten amendments

4. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 4 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.

5. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 5 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.

6. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 6 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.

7. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 7 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.

8. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 8 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 danger; 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.

9. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 9 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.

10. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 10 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.

11. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 11 U.S. BILL OF RIGHTS: AMENDMENT VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

12. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 12 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.

13. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 13 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.

14. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 14 CHECKPOINT What English document helped form the basis for the first ten amendments to the U.S. Constitution?     

15. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 15 CIVIL RIGHTS Due process of law The abolition of slavery The right to vote Denial by gender Denial by age Peripheral rights

16. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 16 CHECKPOINT How does the Constitution address and protect citizens’ civil rights?     

17. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 17 2-2Division and Balance of Governmental Powers GOALS Describe the system of checks and balances in the U.S. government Explain how the power to govern is divided between the federal and state governments

18. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 18 A SYSTEM OF CHECKS AND BALANCES Branches of government Legislative branch Executive branch Judicial branch Changing the Constitution The U.S. form of government

19. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 19 CHECKPOINT How did the Constitution create a system of checks and balances?     

20. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 20 THE POWER TO GOVERN Sovereignty of the states Limiting states’ powers Powers of the federal government

21. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 21 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) Occupational Safety and Health Administration (OSHA) Continued on the next slide

22. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 22 SELECTED FEDERAL REGULATORY AGENCIES Consumer Product Safety Commission (CPSC) Food and Drug Administration (FDA) Environmental Protection Agency (EPA) Nuclear Regulatory Commission (NRC) Department of Homeland Security (DHS) Federal Energy Regulatory Commission (FERC)

23. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 23 CHECKPOINT How is the power to govern divided between the federal and state governments?     

24. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 24 2-3The Internet and Constitutional Rights GOALS Understand the foundations of cyberlaw Identify the various constitutional issues involved in the use of electronic communication

25. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 25 THE FOUNDATIONS OF CYBERLAW The birth of the Internet The World Wide Web Evolving legal issues in cyberspace The ongoing issue of jurisdiction Jurisdiction within the United States International jurisdiction

26. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 26 CHECKPOINT What characteristic of the Internet makes exercising legal control over it nearly impossible?     

27. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 27 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 online

28. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 28 STATUTES OF IMPORTANCE TO CYBERLAW Lanham Act of 1976 Trademark Dilution Act of 1996 Computer Fraud and Abuse Act Telecommunications Act of 1996 The Communications Decency Act of 1996 (CDA) Child Online Protection Act of 1998 Fraudulent Online Identity Sanctions Act of 2004 Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM)

29. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 29 CHECKPOINT What are the constitutional issues related to use of the Internet?     

30. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 30 PREVENT LEGAL DIFFICULTIES As a citizen... Carefully read and reread the U.S. Constitution as it has been amended. This will help you to become a properly informed citizen of the United States. Pay special attention to the Bill of Rights and the Fourteenth Amendment to better appreciate their value in assuring your liberty and to be alert to possible threats that could erode vital freedoms for you and others. Continued on the next slide

31. LAW for Business and Personal Use © 2012 Cengage Learning. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part. Chapter 2 SLIDE 31 PREVENT LEGAL DIFFICULTIES When eligible, participate in government as a well-informed voter. If you are able and willing, participate in the work of the political party of your choice. If you are one of the dedicated few, become a candidate for public office. When you use the Internet be aware of your rights and potential liabilities for what you say and the transactions you conduct.