Docstoc

Selective Incorporation - PowerPoint

Document Sample
Selective Incorporation - PowerPoint Powered By Docstoc
					 A little more on
    Selective
 Incorporation as
developed through
     the 14th
   Amendment
              Selective
            Incorporation
• Creators of the Constitution had to formulate
the structure in which states would give up
power to the federal gov’t.

• What was their solution?   The Bill of Rights

• What case was the first judicial determination
of the application of the Bill of Rights to the
states? What did it say?
      Barron v Baltimore 1833
              Selective
          Incorporation
   Barron v Baltimore 1833
What legislation changes the decision of Barron
v Baltimore?
   14th Amendment: creates national citizenship a
   contains three clauses to limit the power of sta
   gov’ts to interfere with the rights of US citizen
    1. privilege and immunities clause
    2. the due process clause
    3. the equal protection clause
              Selective
           Incorporation
       14th Amendment

Court first attempt to limit state power using the
14th is the Slaughterhouse Cases of 1873

Result: virtually emasculated the privileges and
immunities clause
              Selective
           Incorporation
       14th Amendment

Next came what major ruling?


         Gitlow v New York 1925
                Selective
            Incorporation
         14th Amendment
So how did we come to Selective Incorporation?
Did the word “liberty” in the due process clause
mean the entire Bill of Rights was to be
used...Total Incorporation.

Total Incorporation does have some difficulties.
Ex: meant imposing on state court systems the
requirement to have a trial by jury in civil suits
where the amount exceeds $20?
Plus, what about the 10th Amendment...powers not
delegated to the US by the Constitution, nor prohibited by the
States, are reserved for the States respectively, or to the
              Selective
          Incorporation
       14th Amendment

That is how we come to Selective Incorporation

Case by case basis
  Selective
Incorporation
  Selective
Incorporation
  Selective
Incorporation




 The Warren Court
            Selective
         Incorporation
           The Warren Court
Chief Justice Earl Warren from 1953-1969
Handed down several landmark cases that
almost completely incorporated the first eight
amendments into the due process clause of the
14th Amendment
               Selective
            Incorporation
              The Warren Court
In Engel v Vitale 1962 and in Abbington School District v
Schempp 1963
These began the process of disentangling state gov’ts
                                   Lemon Test for the
from religious activities and laid the foundation
Warren Court also affected criminal procedure at the
____________ articulated by the SC in 1971
state level.
It expanded rights of suspects under the 4th, 5th, and
6th Amendments and applied those rights to the states.
                           exclusionary
Mapp v Ohio 1961 applied the ________________ rule to the
        illegally obtained
states, preventing ______________ evidence from being
In Gideon v Wainwright 1963 the Court ordered what....
admitted to trial.
forcing the retry or release of thousands of inmates in
state custody who had been tried without the benefit of
counsel.
                Selective
             Incorporation
               The Warren Court

In Miranda v Arizona 1966 (the most sweeping of court
decisions)it was held police must notify suspects of their
rights prior to interrogation

 Mapp, Gideon, and Miranda....
              Selective
          Incorporation
In Conclusion
Selective incorporation has profoundly altered American
federalism. Before the process started, the federal courts
had little to say about the day-to-day operation of state
and local gov’ts.

With the incorporation of the freedom of speech and the
press came federal guidelines for states and localities
concerning expression and its type.
The federal gov’t tells states what sort of antiobscenity
and antipornography laws they may pass and enforce, and
what sort of marches, parades and rallies they must allow
in public places.
Whether the Chicago suburb of Skokie must allow Nazis to march through its
Jewish neighborhoods- or a city in Florida may prevent the sale of albums by 2
Live Crew are now questions involving the SC’s interpretation to the First
Amendment
               Selective
             Incorporation
In Conclusion

 The incorporation of the 4th, 5th, and 6th Amendments
 has changed the way state and local authorities enforce
 criminal law. Law officials must pay particular attention to
 the way they interrogate suspects.

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:6
posted:7/22/2012
language:English
pages:15