Selective Incorporation O Civil Rights Civil Liberties O

Selective Incorporation O Civil Rights & Civil Liberties O The concept has appeared on every AP test

When the framers wrote the 1 st Amendment, and the other amendments in the Bill of Rights, what was their intention? O A. to protect the states from majority tyranny O B. to protect immirants and poor people O C. to protect individuals from the federal government O D. to protect individuals from state governments O E. C and D O Answer: C

1 st Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition their government for a redress of grievances. 5 th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. 14 th Amendment No State shall 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.

The process of extending the protections of the Bill of Rights by means of the 14 th amendment to apply to the actions of state governments is known as A. Judicial review B. Incorporation C. Broad constructionism D. Federalism E. Stare decisis

The Bill of Rights and Incorporation O … 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. O 14 th amendment, US Constitution

INCORPORATION O Definition: Applying all or some of the Bill of Rights to the states; means the federal government can make sure states do NOT violate the rights of their citizens

Which of the following amendment are NOT yet incorporated? a. 1 st amendment b. 4 th amendment c. 5 th amendment d. 6 th amendment e. 7 th amendment

Evolution of Incorporation O Baron v. Baltimore (1833) - the Supreme Court determined that the Bill of Rights restricted the national government but NOT the state government O Gitlow v. New York (1925) – Court overturned Barron decision, citing 14 th amendment restrictions on states (“no state shall… deprice any person of life, liberty, or property w/o due process of law; nor deny…”)

What principle did the justices practice in Gitlow v. New York? a. Stare decisis b. Judicial activism c. Judicial restraint d. Pre curiam opinion e. Judicial parsimony

Selective Incorporation O Since Gitlow court applies Bill of Rightts to state law on a case-by-case-basis; Process is called Selective Incorporation O Following Rights have NOT been incorporated O Second Amendment (bear arms ? ? 2010? ) O Third (quartering troops in private homes) O Fifth (provision: right to indictment by grand jury) O Seventh (right to a trial by jury for disputes >$20. ) O Eighth (provision against “excessive bail and fines”)

Selective Incorporation O All other provisions of Bill of Rights apply equally to the state and national government. (Thus states may place restrictions on gun ownership – 2 nd amendment is not incorporated, they may NOT deprive accused felons of their right to legal counsel – a right incorporated in Gideon v. Wainwright, 1963)

Mc. Donald v. Chicago (2010) O The 2 nd amendment is NOT fully incorporated, but states cannot totally ban handguns either… reasonable restrictions may be imposed. (gun locks, background checks, etc. )