Presentation on theme: "Date: April 8, 2013 Topic: Civil Liberties and The Incorporation Doctrine. Aim: How has the incorporation doctrine extend civil liberties to the states?"— Presentation transcript:
Date: April 8, 2013 Topic: Civil Liberties and The Incorporation Doctrine. Aim: How has the incorporation doctrine extend civil liberties to the states? Do Now: Read the Bill of Rights Handout – familiarize yourself with it – become one with it. REMEMBER YOUR SEATS
14 th Amendment – Gives people rights as citizens of the United States. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. YOU HAVE CERTAIN RIGHTS AS CITIZENS OF THE UNITED STATES.
Incorporation Doctrine Bill of Rights were not always applied to the individual states – only Federal Government. What are the two important clauses found in the 14 th amendment? Due Process of Law - government cannot take away life, liberty, and property without the process of law (procedural and substantive). Equal Protection – no person shall be denied the protection under the law that is enjoyed by similar groups.
Incorporation Doctrine The Supreme Court began using the due process clause and equal protection clause (lesser extent) as a way of applying the Bill of Rights to the states. Gitlow v. New York (1925) – freedom of speech and of the press were fundamental rights protected by the due process clause of the 14 th amendment.(1925) States could not intervene – it is now a federal issue. Selective Incorporation – court cases that apply the Bill of Rights to the states. BEFORE Ex: Southern states made speech and writings critical of slavery a crime. Palko v. Connecticut (1937) – certain fundamental rights should be applied to the states.
Amendments Not Incorporated Third Amendment - Quartering soldiers. Fifth Amendment – the right to be indicted by a grand jury. Seventh Amendment – the right to a jury trial in civil cases Eighth Amendment – the ban on excessive bail and fines. YES! The 2 nd Amendment has been incorporated! McDonald v. Chicago (2010) IT HAS TO TAKE A SPECIFIC COURT CASE TO GET THEM INCORPORATED! THAT’S WHY ITS SELECTIVE INCORPORATION!
How do these rights come into conflict with one another? THINK OF EACH OF THE TEN AMENDMENTS