cl #4: 14 th amendment 1.freedom from self-incrimination is found in the 5th amendment. 2.gideon v....

CL #4: 14th Amendment 1. Freedom from self-incrimination is found in

the 5th amendment.2. Gideon v. Wainright ensures that everyone

accused of a crime is granted a lawyer.3. Griswold v Connecticut is the first major

court case to imply a right to privacy between a woman and her doctor.

4. Freedom from cruel and unusual punishment is found in the 3rd amendment.

5. One cannot be deprived of life, liberty, or property without equal protection of the laws.

Original Interpretation of the Bill of Rights

• Barron v. Baltimore (1833): Bill of Rights only applies to federal govt, not to states

– Only fed gov has to follow BofR

• 1st Amend: Congress shall make no law…

14th Amendment (1868)

• “[N]o 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.”

2 Clauses –

1. Due process• Proper procedures

2. Equal Protection• Fair treatment

Gitlow v. New York (1925)

• Gitlow – wrote about creating a socialist gov & was convicted by a NY law outlaws speaking about overthrowing gov

• SC: NY law is fair

• BUT said: 1st amendment rights cannot be abridged completely by the states due to the 14th which says states cannot abridge….

Selective Incorporation

• Over the next century, SC picks and chooses (selects) which parts of the BofR that states must follow (incorporate)

• Creates national guidelines for some civil liberties

Most rights have been incorporated

• All of the 1st • Search & Seizure

– Exclusionary Rule (w/Mapp)

• 5th (Miranda)

• 6th (Gideon)

• Cruel & Unusual punishment (w/Furman case)

Which ct case is related to the due process clause & which is related to equal protection?

• Due Process: • Equal Protection:

NOT incorporated:

• 2nd – States have wildly varying gun laws

• 3rd • Right to jury in civil cases

• Excessive fines & bails

Essay time! 3 branches are 45% of test

• Which branch of the federal government is the strongest?

• 5 paragraph essay w/strong thesis • Remember to counter argue

– Yes, the jud branch is strong but the legislative is stronger because…..

• Don’t capitalize name of branch (leg, ex, jud)

• DO capitalize Congress and Supreme Court, but not president unless use in conjunction with a name (President Obama)

• DUE: Friday, March 18th