The Bill of Rights and the 14 th amendment What you should understand about their relationship…

Rights in the Constitution No titles of nobility Trial by Jury (Article III) No ex post facto laws (Article I, Section 9) No suspension of writ of habeas corpus (Article I, Section 9) No bills of attainder Protection of citizens as they travel or move state to state (Privileges and Immunities Clause) Republican Form of Government No religious test for holding of office

The Bill of Rights Introduced at the first Congress – 12 amendments but only 10 passed Intent: protect citizens from the actions of the NATIONAL government 1833: Barron v. Baltimore – the Supreme Court rules that the states do NOT have to abide by the Bill of Rights

14 th Amendment’s Role 1868: 14 th Amendment added to the Constitution – rely on Due Process Clause 1925: Gitlow v. New York – started the trend of “Selective Incorporation” or Nationalization of the Bill of Rights

Selective Incorporation Case by case determination by the Supreme Court whether or not a right should be protected by the states and national government That is why you might find 1 st amendment and 14 th amendment Palko v. Connecticut – what is a fundamental right for the person involved? Should be incorporated for fairness value?

Rights NOT incorporated 2 nd amendment – right to bear arms 3 rd amendment – quartering of troops 5 th amendment – grand jury indictments NOT required for all criminal cases in the states 7 th amendment – civil trial by jury – changed the dollar amount required 9 th amendment – privacy 10 th amendment – powers reserved to the states

Right to Privacy Not directly stated in the Constitution, but there are Zones of Privacy found 1 st – freedom of association, expression, thought 3 rd – homes 4 th – homes 5 th – self incrimination 9 th – any unenumerated rights are granted 14 th – due process clause incorporates the rights into the states

Right to Privacy Griswold v. Connecticut – first case to test the 9 th amendment –Birth control issue –Right to be free from government surveillance and intrusion –Right not to have private matters made public –Free in thoughts and beliefs Eisenstadt v. Baird – also involved the 14 th amendment’s equal protection clause –Birth control for unmarried couples

Abortion issue Roe v. Wade – 1973 – class action lawsuit – abortions are legal and unrestricted to the third trimester – started the trimester test Planned Parenthood v. Casey reaffirmed ROE, prior to viability only reasonable regulations Stenberg v. Carhart – 2000 – ban on partial birth abortions ruled unconstitutional due to “undue burden on the female” Some regulations include – parental notification, permission, waiting period, counseling, hospitals for specific abortions, etc.

Privacy and Sexual Orientation Bowers v. Hardwick – 1986 – anti sodomy laws ruled constitutional – there was no discrimination involved Baker v. Vermont, Powell v. Georgia and Kentucky v. Wasson – rights of civil unions Boy Scouts of America v. Dale – private associations may ban at their discretion Lawrence v. Texas – Anti Sodomy laws are ruled unconstitutional – interference with private matters.