The 14th Amendment

From states’ rights toequal protection under the law

James Madison

• Wrote the First Amendment

James Madison

• Wrote the First Amendment

• Wanted to protect against state action

James Madison

• Wrote the First Amendment

• Wanted to protect against state action

• Failure to do so was a huge setback

Thomas Jefferson

• Wrote the Kentucky Resolutions

Thomas Jefferson

• Wrote the Kentucky Resolutions

• Said states could nullify unconstitutional federal laws

Thomas Jefferson

• Wrote the Kentucky Resolutions

• Said states could nullify unconstitutional federal laws

• States’ rights also used to defend slavery

Marbury v. Madison (1803)

• John Marshall (left) established idea of judicial review

Marbury v. Madison (1803)

• John Marshall (left) established idea of judicial review

• Constitutional law must trump laws passed by Congress

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

Barron v. Baltimore (1833)

• Barron sought redress under the “just compensation” clause of the Fifth Amendment

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

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

Post–Civil War amendments

• 13th Amendment abolished slavery

Post–Civil War amendments

• 13th Amendment abolished slavery• 15th Amendment granted voting rights

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

Plessy v. Ferguson (1896)

• “Separate but equal”

Plessy v. Ferguson (1896)

• “Separate but equal”• Justice Brown ruled

there was no issue involving the 14th Amendment

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

Brown v. Board of Education(1954)

• Ended separate but equal

Brown v. Board of Education(1954)

• Ended separate but equal

• NAACP lawyer Thurgood Marshall (right) represented defendants

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

Gitlow v. New York (1925)

• Gitlow (left) loses, but Justice Sanford paves the way for future victories

Gitlow v. New York (1925)

• Gitlow (left) loses, but Justice Sanford paves the way for future victories

• The 14th Amendment is incorporated into the First Amendment

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.”

Justice Holmes

• “The great principle of free speech, it seems to me, must be taken to be included in the Fourteenth Amendment”

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”