Unit 1 - The Fourteenth Amendment

date of ratification

1868 following the Civil War

reason of ratification

overturn the possibility for Southern states to hold a federal office with the Three-Fifths clause

the 3 clauses of the the fourteenth amendment

• privileges or immunities clauses

• due process clause

• equal protection clause

objective of the 14th amendment

ensure the rights of recently emancipated slaves

Plessy v. Ferguson, 1896

declared Jim Crow laws about racial segregation constitutional

Brown v. Board of Education of Topeka, 1954

racial segregation in public schools violated the Equal Protection Clause of the Fourteenth Amendment

Barron v. Baltimore - 1833

the Supreme Court had no authority to apply the Bill of Rights to the states

effect of adding the 14th amendment in the Constitution (1868)

Supreme court has the authority to apply the Bill of Rights to the states

Slaughterhouse Cases - 1872

Eliminated the Privileges or Immunities Clause for applying the Bill of Rights to states

Gitlow v. New York (1925)

first used the Due Process Clause to apply free speech rights to the states

total incorporation (def)

view that the Due Process Clause incorporates the entire Bill of Rights against the states

Palko v. Connecticut (1937)

established selective incorporation

selective incorporation (def)

A case-by-case application of Bill of Rights provisions to states through the Due Process Clause

What does "implicit in the concept of ordered liberty" refer to?

rights so fundamental they must be protected from state infringement

What amendments have been fully incorporated to the states?

First, Second, Fourth, and Sixth Amendments.

Mapp v. Ohio (1961)

applied the “exclusionary rule” to the states, preventing illegally obtained evidence from being admitted at trial

Gideon v. Wainwright (1963)

established right to counsel for indigent defendants in felony cases

What are Miranda rights?

Rights police must inform suspects of before custodial interrogation

What is procedural due process?

Legal protections in civil and criminal proceedings, like the right to counsel.

What is substantive due process?

Protection of fundamental rights from government interference under the Due Process Clause.

Loving v. Virginia (1967)

overturned laws that banned interracial mariage

Obergefell v. Hodges (2015)

right to marry to same-sex couples

Dobbs v. Jackson (2022)

overturned the right to abortion established in Roe v. Wade