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Why stuff from 1st amendment first?
Because they think it is the most important, they put them first.
What was 14th designed to do?
Provide citizenship to former enslaved people
2 Key 14th Amendment Clauses:
The Due Process Clause - typically used to apply civil liberties.
The Equal Protection Clause - typically used to extend civil rights.
Selective Incorporation
The due process clause of the 14th Amendment was used to “selectively incorporate” some (never all) of the Bill of Rights to the states.
Case by case, one at a time, gradually.
In order for a right to be incorporated, a lawsuit must be filed and the court must hear the case.
SCOTUS:
Supreme Court of the United States
Facts:
The relevant events of a case that occurred before courts became involved
Issue
A legal or Constitutional question the court considers in a case
Holding:
The court’s response to the issue being considered in a case
Reasoning:
The court’s explanation of a holding
Decision:
The outcome of a case that includes a discussion of the facts, issue, holding and reasoning
Opinion:
An analysis of the court’s decision, written by the justices. The majority opinion is agreed upon by more than half of the justices.