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

14th

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 Constitution of the United States Amendment XIV

Now, explore Palko v. Connecticut here.

As you read through the site, look for: Why Frank Palko believed his rights were violated Whether the Court ruled for or against Palko Whether the Court applied the due process clause to uphold the Bill of Rights

Gitlow v New York 1925 The Facts

Benjamin Gitlow was arrested for distributing a communist pamphlet. Charged under a New York law that banned the promotion of a revolution Argued that his First Amendment rights were violated. Right to free speech he argued

Bill of Rights and law

Bill rights did not apply to state law only federal law

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

Congress

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's conviction was overturned. Citizens have the right to a jury trial in cases involving sentences of six months or more.

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

Equal Protection and Civil Rights Equal protection under the law Equal access to public facilities

First Amendment freedoms were incorporated

Freedom of speech and of the press...are among the fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the States. Justice Edward Sanford, Opinion of the Court, Gitlow v New York

Duncan v Louisiana 1968 The Case

Gary Duncan was arrested and jailed for battery. He requested a jury trial Louisiana rejected his request A judge sentenced him to jail without a jury trial

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.

Sample response: Palko involved restricting incorporation of the Bill of Rights on the state level. In contrast, Duncan resulted in an expansion of incorporation when the conviction was overturned due to the lack of a jury trial. Each case involved whether the Bill of Rights could be incorporated and applied to the states. Palko restricted incorporation by not allowing the Fifth Amendment to apply. Duncan expanded incorporation by forcing states to comply with the Sixth Amendment right to a trial by jury.

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

The Bill of Rights and Law

fundamental personal rights

can't be taken away

Early cases and incorporation Bill of Rights-state laws

cases ruled that the Bill of Rights protections did not transfer to state law. Barron v Baltimore, 1833 United states v. Cruikshanke, 1876 The blaine amendment 1875 tried to legislate incorporation, but failed

Enforcement clause

congress has authority to make laws to apply the amendment

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.

could not be incorporated by the Fourteenth Amendment.

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

difining citizenship guaranteeing due process providing equal protection enforcing the law

now its federal and states due to due process clause

due process clause

used 14th amendment to have schools not

segregated anymore

Incorporation

some framers of the Constitution argued in favor of incorporation of the Bill of Rights

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

state governments came bound by the Bill of Rights. now its federal and states due to due process clause

Gitlow v New York 1

states have a responsible can't deprive anyone.

Goals of 14th amendment

talks about a lot of civil liberties in one amendment

14th amendment

text of amendment interpretation of amendment

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.

-Through incorporation, the First Amendment applied to state law. -The Fourteenth Amendment made the Constitution superior to state law. -The due process clause can be used to incorporate the Bill of Rights.

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.

6th due process

United states v. Cruikshanke, 1876

KKK group a group of free men were chased by kkk went argued to u.s. should be protected in second amendment right right to bear arms, freed men citizens of u.s. part of bill rights should apply to them. The supreme court ruled bill of rights do not apply to state rights.

Interpretations of 14th amendment on federal and state levels

Looking at cases next

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

Nor shall any State deprive any person of life, liberty , or property, without due process of law: Constitution of the United States, Amendment XIV

c. Equal protection

Nor shall any State...deny to any person...the equal protection of the laws. Constitution of the United States, Amendment XIV, Section 1

b. due process

Nor shall any state deprive any person of life, liberty, or property, without due process of law: Constitution of the United States Amendment XIV, Section 1

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.

Palko's conviction and execution should be upheld.

The blaine amendment 1875 tried to legislate incorporation, but failed

Pennsylvania congress men speaker of house...the bill of rights should apply to state law...that failed the bill rights only protected cases of federal l aw

d. enforcement

The Congress shaall have the power to enforce, the appropriate legislation the provision of this article. Constitution of the United States, Amendment XIV, Section 5

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

The Fifth Amendment to the U.S. Constitution provides that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb." It's a relatively straightforward concept: The government can't prosecute someone more than once for the same crime.

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

The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.

Enforcement

The amendment gives Congress the authority to enforce it. Congress can create new laws and requirements (Congress is in charge of amendments federal government has the right and authority to enforce these laws.)

Gitlow v New York 1925 The Impact

The ruling established the practice of selective incorporation. The amendments can be incorporated as needed States can be held responsible for following the Bill of Rights.

naturalized

admit (a foreigner) to the citizenship of a country

Citizenship clause

all residents born in the United States or naturalized are citizens

equal protection

amendment establishes equal protection under the law All citizens will be protected by the same laws in the same way.

due process

amendment requires that due process of law be applied to all citizens All citizens will be subject to the same rules and legal process we have a justice system and we are going to do it the same way for everyone.

a. citizenship

first clauses defines citizensip qualifications: All people born in the United States All people naturalized in the United States

Palko v Conneticut 1937 The Case

frank palko was convicted of second-degree murder. was tried again and convicted of first degree murder. was sentenced to death penalty argued that he had been subjected to double jeopardy.(protected against double jeopardy.

due process

laws apply to all citizens in the same way

14th amendment

naturalized the privileges or immunitities of citizens of the United States

seletive inocorporation

now states can held responsible for following Bill of Rights now

Barron v Baltimore, 1833

own fishing worth at end of construction had garbage left over dumped it in his fishing worth. Mr Barron took Balitomre city to court the city effected my business and my profit the state owes me money based on bill of rights but court says no the bill of rights does not apply to state lawe only federal.

Equal protection

the laws apply to all citizens in the same way

14th amendment Section 1

the right of citizenship equal protection under the law due process

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

the right of citizenship equal protection under the law due process

incorporation

wanted bill of rights to apply to both federal and state out voted only applied to federal not state law got tricky with court cases