The Bill of Rights and the 14 th amendment

1. The Bill of Rights and the 14th amendment What you should understand about their relationship…

2. Rights in the Constitution • No titles of nobility • Trial by Jury (Article III) • No ex post facto laws (Article I, Section 9) • No suspension of writ of habeas corpus (Article I, Section 9) • No bills of attainder • Protection of citizens as they travel or move state to state (Privileges and Immunities Clause) • Republican Form of Government • No religious test for holding of office

3. The Bill of Rights • Introduced at the first Congress – 12 amendments but only 10 passed • Intent: protect citizens from the actions of the NATIONAL government • 1833: Barron v. Baltimore – the Supreme Court rules that the states do NOT have to abide by the Bill of Rights

4. 14th Amendment’s Role • 1868: 14th Amendment added to the Constitution – rely on Due Process Clause • 1925: Gitlow v. New York – started the trend of “Selective Incorporation” or Nationalization of the Bill of Rights

5. Selective Incorporation • Case by case determination by the Supreme Court whether or not a right should be protected by the states and national government • That is why you might find 1st amendment and 14th amendment • Palko v. Connecticut – what is a fundamental right for the person involved? Should be incorporated for fairness value?

6. Rights NOT incorporated • 2nd amendment – right to bear arms • 3rd amendment – quartering of troops • 5th amendment – grand jury indictments NOT required for all criminal cases in the states • 7th amendment – civil trial by jury – changed the dollar amount required • 9th amendment – privacy • 10th amendment – powers reserved to the states

7. Right to Privacy • Not directly stated in the Constitution, but there are Zones of Privacy found • 1st – freedom of association, expression, thought • 3rd – homes • 4th – homes • 5th – self incrimination • 9th – any unenumerated rights are granted • 14th – due process clause incorporates the rights into the states

8. Right to Privacy • Griswold v. Connecticut – first case to test the 9thamendment • Birth control issue • Right to be free from government surveillance and intrusion • Right not to have private matters made public • Free in thoughts and beliefs • Eisenstadt v. Baird – also involved the 14th amendment’s equal protection clause • Birth control for unmarried couples

9. Abortion issue • Roe v. Wade – 1973 – class action lawsuit – abortions are legal and unrestricted to the third trimester – started the trimester test • Planned Parenthood v. Casey -1992- reaffirmed ROE, prior to viability only reasonable regulations • Stenberg v. Carhart – 2000 – ban on partial birth abortions ruled unconstitutional due to “undue burden on the female” • Some regulations include – parental notification, permission, waiting period, counseling, hospitals for specific abortions, etc.

10. Privacy and Sexual Orientation • Bowers v. Hardwick – 1986 – anti sodomy laws ruled constitutional – there was no discrimination involved • Baker v. Vermont, Powell v. Georgia and Kentucky v. Wasson – rights of civil unions • Boy Scouts of America v. Dale – private associations may ban at their discretion • Lawrence v. Texas – Anti Sodomy laws are ruled unconstitutional – interference with private matters.