L Unit 4 14th amendment 14th corp. and Incorp Gitlow, Barron, United states v. Cruikshanke, Palko, Blaine, Duncan, due process

14th amendment

Goals of 14th amendment

14th 1868 civil war over a lot of changes going on

14th

14th amendment

All persons born or naturalized in the United States, . . . are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall [take away] 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 . . . the equal protection of the laws. Which protections are extended by Section 1 of the Fourteenth Amendment? the right of citizenship the right of states to enforce any law equal protection under the law due process the right to deprive persons of property

14th amendment Section 1

a. citizenship

naturalized

b. due process

due process

c. Equal protection

equal protection

d. enforcement

Enforcement

Equal protection

due process

Enforcement clause

Citizenship clause

Interpretations of 14th amendment on federal and state levels

Bill of Rights and law

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof Amendement 1 Constitution of the United States

Incorporation

incorporation

Early cases and incorporation Bill of Rights-state laws

Barron v Baltimore, 1833

United states v. Cruikshanke, 1876

The blaine amendment 1875 tried to legislate incorporation, but failed

INTERPRETATION OF INCORPORATION Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; Which word or phrase indicates that incorporation was not yet in practice following the ratification of the Bill of Rights? Congress establishment of religion prohibiting free exercise

Gitlow v New York 1925 The Facts

Gitlow v New York 1925 The Supreme Court used the due process clause to interpret the issue of incorporation.

Gitlow v New York 1

First Amendment freedoms were incorporated

fundamental personal rights

Gitlow v New York 1925 The Impact

seletive inocorporation

The expansion of Federal Power Through the due proces clause, state governments become bound by the Bill of Rights

now its federal and states due to due process clause

Which statements describe a result of Gitlow v. New York? Check all that apply. Through incorporation, the First Amendment applied to state law. Constitutional amendments cannot be incorporated as needed. The Fourteenth Amendment made the Constitution superior to state law. The states are not responsible for following the Bill of Rights. The due process clause can be used to incorporate the Bill of Rights.

14th amendment would be used to guarantee civil rights for all Americans.

used 14th amendment to have schools not

Palko v Conneticut 1937 The Case

Does the Fifth Amendment ban on double jeopardy apply to states.

Now, explore Palko v. Connecticut here.

What was the Supreme Court's main decision in Palko v. Connecticut? Palko was the victim of unconstitutional double jeopardy. Palko's sentence should be reversed. Palko could not be convicted because of his Fifth Amendment rights. Palko's conviction and execution should be upheld.

In the case, the Supreme Court ruled that due process: was not as fundamental a right as equal protection. could not be incorporated by the Fourteenth Amendment. allowed the Fifth Amendment to be applied to state laws. should apply to reversing Palko's conviction.

Duncan v Louisiana 1968 The Case

Does the sixth amendment guarantee to a jury trial in criminal cases apply to states

What was the outcome of the Supreme Court's ruling in Duncan v. Louisiana? Check all that apply. Duncan was forced to serve his entire jail term. Duncan's conviction was overturned. Citizens have the right to a jury trial in cases involving sentences of six months or more. The Sixth Amendment cannot be incorporated. Duncan's conviction was upheld by the court.

Duncan v. Louisiana, the Supreme Court ruled that the __________Amendment could be incorporated to the states. The _____________clause of the Fourteenth Amendment allowed incorporation to take place in this case.

How has the Supreme Court influenced the process of incorporating the Bill of Rights? Palko case was upheld the conviction and execution could not incorporated by the Fourteenth amendment in Bill of Rights he Supreme Court ruled that due process couldn't incorporated Fourteenth Amendment. On the Other hand Duncan results in expansion of incorportion due to the 6th amendment and due process clause allowed incorporation to take place. Duncan's conviction was overturned citizents have right to jury in cases involved in six months or more.