1. Development over time Nationalizing trend Incorporation of the Bill of Rights

2. Freedom from unreasonable search and seizure (4 th Amendment) Being able to marry whom you want Freedom to practice a religion that uses narcotics (controlled substances) Having equal access to public accommodations Freedom from self-incrimination

3. Liberties Rights  What: Citizens’ protection from government  Question of individuals  Where: Bill of Rights  How: Due Process clause (you not being deprived of life, liberty or property by government)  What: Citizens are protected by the government (equal treatment)  Question of groups (racial, gender, etc.)  Where: 14 th Amendment  How: Equal protection clause

5. Liberties in the BOR  Congress shall make no law... Speech Religion Assembly Petition Press  Freedom from... Double jeopardy Testify against self Unreasonable search and seizure Cruel and unusual punishment Takings... ? Does the Bill of Rights limit both the state and the federal government from infringing on your rights?

6. NO: Barron v. Baltimore (1833)  Facts: Barron’s wharf was polluted by the local government (Baltimore), Barron sues over just compensation clause  Did the national government deprive Barron of his property?  To which of your “citizenships” does the BOR apply?  The Court: BOR is protection from the national government  So, if a state deprived you of your rights, you have a case, but that was not the case here  People were “dual” citizens: state and national

7. YES: 14 th Amendment (1868)  “All persons... Are citizens of the US and the state wherein they reside.”  Created a single, national, citizenship

8. NO: Slaughterhouse Cases 1873  Slaughterhouse monopoly granted by state of Louisiana  Is there a national right to practice an occupation free from a state created monopoly?  Court said no. The “privileges and immunities” clause in the 14 th does not make the BOR apply to the states

9. YES: Gitlow v. New York (1925)  Gitlow wanted to overthrow the government by force  NY law made such actions illegal  Court sided with NY: provisions of the BOR apply to the states  Press (1931)  Assembly (1939)  All are “fundamental personal liberties”

10. NO: Palko v. Connecticut (1937)  Palko was found guilty of a 2 nd degree murder, the state retried him to get 1 st degree  Supreme Court said freedom from double jeopardy was not a “fundamental” liberty (like speech, etc.)

11. Since then, the Court has incorporated...  First  Fourth  Fifth (except the Grand Jury Clause)  Sixth  Eighth (cruel and unusual punishments)  This is called “selective incorporation” of the BOR  Implication: the federal government has much more to say about how state and local governments operate

13. Plessy v. Ferguson (1896)  “Separate but equal”

14. Brown v. BOE (1954)  Separate is inherently unequal

15. Civil Rights Act (1964)  Title VII: Employment (Why?)  Commerce clause!  Hiring practices  Established equal access to public accommodations (restaurants, bars, hotels, etc.)  Title IX  Education  Women’s athletics

16. Americans with Disabilities Act 1990  Employment protections to people with disabilities

17. LGBT  1993: Military Policy (Don’t Ask; Don’t Tell)  1986: Bowers v. Hardwick  1996: Romer v. Evans  2003: Lawrence v. Texas

18. Affirmative Action  1969: Nixon administration initiates  1978: Bakke  2003: Gratz and Grutter