The 14th Amendment and Incorporation

1-What lies at the heart of the American political system? The belief in human rights

Abuse the rights of individuals 2-The Bill of Rights stands as a written guarantee that government cannot do what? Abuse the rights of individuals

The Actions of the Federal government   3-For what was the Bill of Rights originally intended to offer protection from?  The Actions of the Federal government

NO! Just the National Government 4-Did the Bill of Rights originally apply to the actions of state and local government? NO! Just the National Government

THE 14th AMENDMENT [1868] No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

It laid the groundwork for making individual rights national. 5-Explain how the 14th Amendment paved the way for a major expansion of individual rights. It laid the groundwork for making individual rights national. NO STATE may deprive any person life, liberty and property without due process of the law. The state’s have to provide its citizens: “equal protection of the law

Liberty includes all 1st Amendment freedoms: 6-How has the Supreme Court interpreted the due process clause of the 14th Amendment? It has applied the guarantees of the Bill of Rights to state and local government. Liberty includes all 1st Amendment freedoms: No state can deny any person of freedom of speech; press, religion. Assembly or petitions because these freedoms are essential to liberty.

7-Define: “incorporation” The process by which the Bill of Rights was extended to state and local governments.

8-How does incorporation occur? Through Supreme Court cases that raise a specific issue

9-What did the Court rule in Gitlow v. New York (1925)? Freedom of speech is a basic right no state government could deny anyone.

3rd Quartering Soldiers   10-Which amendments of the Bill of Rights or parts of those amendments have yet to be incorporated? 2nd Incorporated in 2010 3rd Quartering Soldiers 5th The right to a grand jury in a criminal case 7th The right to have a trial by jury in civil cases involving more than $20.00 8th excessive bails and fines. 9th Not a source of individual rights 10th:Not a source of individual rights: A reservation of power to the states

11- a. What is the importance of incorporation? US citizens in every state have the same basic human rights

b. Why is incorporation necessary it necessary? In the past, state governments have ignored individual rights, denied voting rights to minority citizens and practiced various forms of discrimination.

12-What are some of the fundamental freedoms all citizens have? Right to speak freely; to read and write what they choose; to worship or not worship.

  13-Which branch of government has been primarily responsible for the incorporation of the Bill of Rights? JUDICIAL BRANCH

Take your case to the federal court system. 14-If you believe that a state or local authority has denied you your basic rights, what can you do? Take your case to the federal court system. Possibly to the Supreme Court.

Everson v. Board of Education, 1947 Near v. Minnesota, 1931 Essential Skill: Explicitly assess information and draw conclusions Incorporation Cases Gitlow v. NY, 1925 Everson v. Board of Education, 1947 Near v. Minnesota, 1931 DeJonge v. Oregon, 1937 Powell v, Alabama, 1932

THE 14th AMENDMENT [1868] No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Amendment 1 Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

Amendment 1 or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble,

Amendment 6 In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury… and to be informed of the nature and cause of the accusation…to be confronted with the witnesses against him… and to have the assistance of counsel for his defense.