1. Selective Incorporation
Introduction to Chapter 5

2. The 14th Amendment is ALWAYS a good answer!
Review: How does the 14th Amendment relate to immigration?
How does the 14th Amendment relate to basic rights guaranteed in the BOR? Our focus today:
Discuss the handout
To whom did the BOR originally pertain?
How did that change?
Define and explain selective incorporation

3. To Whom did the BOR originally pertain?
What was the original “intent” of the BOR as proposed in 1788?
Would the document have had the same impact if the first word was not Congress?
Event the strong Federalist, John Marshall agreed that the BOR only pertained to the federal government.
Discuss Barron v. Baltimore

4. Interpreting the 14th Amendment
Why was the “privileges and immunities” clause of the 14th Amendment rendered useless by the Court in the Slaughterhouse cases of 1873?
What did the Court interpret as “privileges and immunities?”

5. Change in the Federal Mindset
What issue was before the Court in Gitlow v. New York in 1925?
Frame the issue with the times
What 2 rights were explicitly applied to states as fundamental?
The 1st Amendment protections cannot be denied by the states. The due process clause of the 14th Amendment applies the rights of free speech and press to the states. Incorporation meant that states cannot deny people life, liberty or property without due process of law.

6. Total vs. Selective Incorporation?
So…why not decide that all rights in the BOR apply to the states?
Burdensome? Example?
Illogical? Example?
How did Palko v. Connecticut in 1937 settle the issue of selective incorporation?
Which rights apply and which do not?
What standard has been applied to distinguish the difference in the rights in the BOR that are incorporated and those that are not?

7. 1st Amendment Cases in Incorporation History
Gitlow v. NY…Speech
DeJonge v. Oregon…Assembly
Near v. MN…Prior Restraint
Cantwell v. CT…Free Exercise clause
Everson v. BOE…Establishment clause
Detail Case
Discuss importance

8. Warren Court & Incorporation
We will do much more with due process later in the chapter.
It is enough to know for now that nearly every criminal right in the BOR was applied to the states by the Warren Court ( ).

9. What’s Due When!
Movies due uploaded to youtube and link sent via to me, no later than 5:00!
Rewrites due tomorrow.
Meet tomorrow in Lecture A.
Read pp and cases on handout, Take notes on other cases and interpretations as well as the types of protected versus unprotected expression.