Unit VI Lesson 6

Selective Incorporation of the Bill of Rights

Essential Question:

• What are the basic civil rights and liberties of Americans?

• How have significant decisions of the Supreme Court affected our basic rights?

• What are the strengths and weaknesses of court decisions as instruments of social change?

Unit I

Georgia

“Congress shall make no law prohibiting the

free speech”

Indiana

Does the Bill of Rights Apply to the National Government AND State

Governments?

Yes it does!… BUT this

wasn’t always the case

1789

Jefferson

“Anti-Federalists”

1789

“Eminent Domain”

John Barron

1833

Barron v. Baltimore

Barron v. Baltimore

Barron v. Baltimore (1833) – The Supreme Court rules that the Bill of Rights limits the FEDERAL government

but not STATE governments

“No”

1833

1925

Barron v.

Baltimore

Gitlow v New York

1925

Free Speech

1833 1925

“Incorporated”

Gitlow v. New York

Gitlow v. New York (1925) – The Supreme Court rules that the 1st Amendment protects free speech from the federal government AND the states (First time one right from the Bill of Rights was “incorporated” or applied to the states)

But why is it called

SELECTIVE Incorporation?

Gitlow v New York

Gitlow

“Selectively Incorporated”

McDonaldv Chicago

Robinsonv.

California

http://www.youtube.com/watch?v=pONV1YdZxiw

Selective Incorporation- Process through which the Supreme Court has applied the Bill of Rights to the states ON A CASE BY CASE BASIS (the entire Bill of Rights was NOT applied to the states all at once)

Incorporation

Citizen protections under the Bill of Rights have been applied to the states the process of:

A.Political Socialization

B.Selective Incorporation

C.Eminent Domain

D.Affirmative Action