Who’s protected And who are we protected against?
Selective Incorporation Barron v. Baltimore- 1833 The U.S. Supreme Court ruled that the Bill of Rights applied ONLY to the national gov’t.
Gitlow v. NY 1925- the Supreme Court begins the process of incorporating MOST of the Bill of Rights to the states through the 14 th Amendment Due Process Clause
14 th Amendment Due Process Clause- “…nor shall any State deprive any person of life, liberty or property without due process of law;…”
First Amendment Speech & Press Schenck v. U.S.- 1919, Clear & Present Danger Rule Gitlow v. NY—incorporated Speech to the states Symbolic Speech— Tinker v.Des Moines School District & Texas v. Johnson
First Amendment Speech & Press Prior Restraint- Near v. Minnesota & NY Times v. U.S. Libel & slander Obscenity
First Amendment Establishment Clause Everson v. Board of Ed. Lemon v. Kurtzman Engel v. Vitale Abington School Dist v.Schempp
First Amendment Free Exercise Clause Cantwell v. Connecticut Reynolds v. U.S. Oregon v. Smith Church of Lukumi Babalu Aye v. Hialeah
First Amendment Assembly & Petition Reasonable time & place rules Collins v. Smith- Skokie case NAACP v. Alabama Snyder v. Phelps- Westboro Baptist Church case
Second Amendment Most recently incorporated Amendment—2010- McDonald v. Chicago
Third Amendment Protection against the quartering of soldiers in our homes- not incorporated
Fourth Amendment Search & Seizure Mapp v. Ohio- Exclusionary Rule Exceptions Stafford v. Redding- strip search of 13 yr old for ibuprophen – unconst.
Fifth, Sixth & Eighth Amendment Protections 5 th - Miranda v. Arizona- self- incrimination Double Jeopardy 6 th -Gideon v. Wainwright- right to counsel 8 th - Cruel & Unusual Punishment
Seventh Amendment Right to a jury trial in civil cases exceeding $20—not incorporated
Ninth Amendment Rights beyond those in the Constitution—implied rights Griswold v. Conn Roe v. Wade
14 th Amendment Equal Protection Clause— “…nor deny to any person within its jurisdiction the equal protection of the laws.”
14 th Amendment Equal Protection Clause Scott v. Sandford Plessy v. Ferguson Brown v. Board of Ed. University of Cal. v. Bakke Grutter v. Bollinger
Other Cases Marbury v. Madison---Judicial Review McCulloch v. Maryland—national superiority over states & constitutionality of implied powers Gibbons v. Ogden- broad definition of interstate commerce Buckley v. Valeo—ruled that a candidate can use as much of their money in their campaign –based on 1 st Amendment speech