6 Civil Rights and the Fourteenth Amendment

1. Nationalization of the Bill of Rights

• Early Limitations: Initially, the Supreme Court ruled in Barron v. Baltimore that the Bill of Rights did not apply to state or local governments.

• The Slaughterhouse Cases ($1873$):

  • The Court held that the $14$th Amendment's primary intent was to protect formerly enslaved African Americans.

  • It ruled that the amendment did not nationalize the Bill of Rights, effectively maintaining the status quo from Barron v. Baltimore.

• The Selective Incorporation Process: Over time, the Court began extending rights through the Due Process Clause of the $14$th Amendment, redefining "liberty" to include specific guarantees.

  • $1925$: Gitlow v. New York: Nationalized freedom of speech by ruling state laws cannot infringe upon it.

  • $1931$: Near v. Minnesota: Nationalized freedom of the press regarding prior restraint.

  • $1960$s Criminal Justice Expansion:

  • $1961$: Mapp v. Ohio: Established the exclusionary rule for warrantless searches at the state level.

  • $1963$: Gideon v. Wainwright: Mandated the right to counsel for felony cases in state courts.

  • $1966$: Miranda v. Arizona: Required police to inform the accused of their constitutional rights.

• Recent Developments:

  • $2010$: The $2$nd Amendment right to bear arms was nationalized.

  • $2020$: The Sixth Amendment requirement for a unanimous jury was nationalized for serious crimes.

• Current Status: Certain rights, such as the $3$rd Amendment, the $5$th Amendment’s grand jury indictment, and civil jury trial rights, are still not nationalized.

2. The Equal Protection Clause

• Legal Basis: Found in Section $1$ of the $14$th Amendment, intended to ensure all citizens receive equal protection under the law.

• Civil Rights Act of $1875$: An early legislative effort to forbid discrimination in public accommodations using commerce power.

• Judicial Interpretation: The Supreme Court eventually ruled this as an overreach, stating that the Equal Protection Clause prevents state discrimination but does not necessarily regulate the conduct of private businesses.

3. Jim Crow

• Systemic Segregation: Jurisprudence during this era reinforced racial division and discrimination through legal structures.

• Disenfranchisement: Political dynamics, particularly within the Democratic Party in the South, utilized tools like white-only primaries to exclude African American voters.

• Judicial Complicity: Socio-political factors led to a legal understanding of equal protection that varied greatly, often leaving segregation intact.

4. Decline of Jim Crow

• Laying the Groundwork: The persistent legal struggles against discrimination and the gradual nationalization of the Bill of Rights began to challenge the Jim Crow framework.

• Future Movements: Historical shifts in the interpretation of the $14$th Amendment set the stage for the broader Civil Rights Movements of the mid-$20$th century.

• Evolution of Rights: The ongoing process of nationalization and legislative efforts reflects the transition from state-sanctioned segregation toward federal enforcement of civil liberties.