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

2. 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…

3. 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?

4. 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?

5. 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?

6. 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?

7. 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

8. 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.

9. 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

10. 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)

11. 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)

12. 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

15. 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)

16. 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)