U.S. Government Honors Edgenuity Lesson 3.7 The 14th Amendment U.S. Government Honors Edgenuity Lesson 3.7

U.S. began to extend civil rights to African Americans Banned slavery with 13th Amendment Created new protections with the 14th Amendment After the Civil War…

What does the 14th Amendment include? Defines citizenship qualifications All people born in the U.S. All people naturalized in the U.S. What does the 14th Amendment include?

What does the 14th Amendment include? Guarantees that due process be applied to all citizens All citizens will be subject to the same rules and legal processes What does the 14th Amendment include?

What does the 14th Amendment include? Establishes equal protection under the law All citizens will be protected by the same laws in the same way What does the 14th Amendment include?

What does the 14th Amendment include? Gives Congress the authority to enforce this law Congress can create new laws and requirements What does the 14th Amendment include?

Bill of Rights – Then and Now BOR protects freedoms at a national level Not necessarily guaranteed at the state level Some framers wanted incorporation Meaning the BOR would apply to BOTH federal and state governments This did not happen initially “Congress shall make no law…” Bill of Rights – Then and Now

Bill of Rights – Then and Now Barron v. Baltimore (1833): SCOTUS ruled that states could not be forced to uphold the BOR if it conflicted with their state constitution.

Gitlow v. New York (1925) Facts of the case: Benjamin Gitlow – arrested for distributing a communist pamphlet Charged under a New York law that banned the promotion of a revolution Argued his 1st Amendment rights were violated

Gitlow v. New York (1925) The decision: State governments must respect some 1st Amendment rights “Due Process Clause” of the 14th Amendment “Nor shall any state deprive any person of life, liberty, or property without due process of law” Gitlow v. New York (1925)

Gitlow v. New York (1925) The impact: Began selective incorporation: Legal concept used by the courts to apply provisions of the BOR to the states as needed States can be held responsible for following the BOR Gitlow v. New York (1925)

Lasting Impacts Supreme Court’s interpretation of the 14th Amendment: Led to expansion of federal power Helped to guarantee civil rights for all Americans Equal protection under the law Equal access to public facilities Lasting Impacts

You don’t need to know this for the test, but it may show up on the quiz. The case Frank Palko was convicted of second-degree murder Was tried again and convicted of first-degree murder Was sentenced to the death penalty Argues that he had been subject to double jeopardy Does the 5th Amendment ban on double jeopardy apply to the states? The decision Palko’s conviction and execution were upheld Palko v. Connecticut (1937)

You don’t need to know this for the test, but it may show up on the quiz. The case Gary Duncan was arrested and jailed for battery He requested a jury trial Louisiana rejected his request A judge sentenced him to jail without a jury trial Does the 6th Amendment guarantee to a jury trial in criminal cases apply to the states? The decision Duncan’s conviction was overturned Citizens have the right to a jury trial in cases involving sentences of 6 months or more Duncan v. Louisiana (1968)