I was wondering, is the typical lens 35 or 80 for modeling with? everytime I try to model I have to zoom in or out and in tutorial videos. they never seem to have this issues. I am wondering if this is a image different in scale issue since the camera lens changes all views. so if I had to zoom in on 3 right side when I go back to front view 1 key thats where my zoom issue is. the image is on the same exact line as the other. is there away to lock an image and camera lens from moving?
I’m not 100% sure I understand what you’re getting at. If you’re in Ortho mode, which you appear to be in, perspective isn’t even a thing. Everything is drawn as if you’re looking directly at it, regardless of distance or position. Toggle numpad 5 to see what I’m getting at.
And changing the camera views definitely doesn’t zoom in or out at all. Looking at your reference pictures, the side one is definitely taller than your front one, and they’re never going to be perfect because those pictures have perspective. This is made most obvious by the positions of the feet across the two pictures.
I think I’ve started using Ortho for basic shaping, but perspective for the most part when trying to do details because if you work too much in ortho, it won’t look right when you go to camera or may look off from another angle.
As for the lens, even if I’m eventually shooting in 35, I’ll sculpt in 60 - 80 which I think has a little less distortion when you move in closer to your object, if I remember right.
Although sometimes I forget and work with the default 
Guess I should have read the question better
I agree with Rekov even the sideview and front view of a reference photo isn’t in true ortho but is in a perspective that nearly approximates ortho which can be useful for lining things up. But don’t rely on ortho to match things. Let perspective mode be your guide, especially as you add details.
I’ve almost taken to not setting up my reference images as background images but rather using the UV/Image window to store them with a front, side, and at least one “perspective” shot like a 3/4 view because this gets better results in the long run than relying on getting it right in purely ortho.
but if they are alighned and put into a front and side ortho, how come they dont align when I switch orthos for modeling?
Okay… I think I see your problem… If you’re going to use the same image as background images for both front and side view, you need to set up 2 background images. One should be set up to the front view and the other should be set to the side view. They can both use the same image, but this gives them each their own manipuations in the view window. It looks like both parts of the image are already scaled to match, so you should be able to set the same scale and Y position for both the front and side images. The X on the front should be aligned the center of the front and the X on the side should be aligned for the side view. Then, even if you zoom in, things should be aligned properly from both sides.
(It looks like you might have two background images set up, but do you have them scaled and positioned correctly on the side view? I can’t tell from your images because I can’t see what the side view settings are.)
Even if the reference is a screenshot or something…You have a photo editor likely where you can adjust two layers so that they more or less match up. This reference is just to give a guidelines anyways and if it is one image it’s easier to set up.
Here’s what i did for a quick test using your posted image. Just do not look at edge flows and such, it was a Cube and a quick one…
Numpad 1 and 3 keys switch side, front. You need to adjust X so that background image shows centred on the Z axis symmetry for the front. Side does not matter so much - human front and back are different as it looks :).
http://www.pasteall.org/blend/41149