1. The 14th Amendment From states’ rights to equal protection under the law

2. James Madison Wrote the First Amendment Wanted to protect against state action Failure to do so was a huge setback

3. Thomas Jefferson Wrote the Kentucky Resolutions Said states could nullify unconstitutional federal laws States’ rights also used to defend slavery

4. Marbury v. Madison (1803) John Marshall (left) established idea of judicial review Constitutional law must trump laws passed by Congress No one seriously questions the Court’s role today

5. Barron v. Baltimore (1833) Barron sought redress under the “just compensation” clause of the Fifth Amendment Supreme Court, under Justice Marshall, said the U.S. Constitution can’t be applied to state laws A major boost for states’ rights

6. Post–Civil War amendments 13th Amendment abolished slavery 15th Amendment granted voting rights 14th Amendment, passed in 1868: –Citizens of the United States –“Due process” and “equal protection” cannot be abridged by the states –The United States becomes an it instead of a they — a union at last

7. Plessy v. Ferguson (1896) Separate but equal Justice Brown ruled there was no issue involving the 14th Amendment Justice Harlan wrote a stirring dissent to Brown’s “pernicious” decision

8. Brown v. Board of Education (1954) Ended separate but equal NAACP lawyer Thurgood Marshall (right) represented defendants Turned the promise of the 14th Amendment into reality

9. Gitlow v. New York (1925) Gitlow (right) loses, but Justice Sanford paves the way for future victories The 14th Amendment is incorporated into the First Amendment

10. Justice Sanford “[W]e may and do assume that freedom of speech and of the press … are … protected by the due process clause of the Fourteenth Amendment from impairment by the States.”

11. Justice Holmes “The great principle of free speech, it seems to me, must be taken to be included in the Fourteenth Amendment” “Every idea is an incitement”