Unit VII Lesson 5

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

Utah

Indiana

Yes it does!…

but this

wasn’t always

the case

Jefferson“Anti-Federalists”

“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 legislatures

“No”

1833

1925

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 a

right from the Bill of Rights was “incorporated” or applied to the states)

Gitlow v

New York

Selective Incorporation- Process through which the Supreme Court has

applied the Bill of Rights to the states ON A CASE BY CASE BASIS

Gitlow

“Selectively

Incorporated”

McDonaldv Chicago

Robinson

v.

California

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

Incorporation

Clarence

Gideon “Right to Counsel”

Gideon v

Wainwright