U.S. Government and Civics / Unit 4: Civil Liberties and the Bill of Rights
4.1 The Bill of Rights and Incorporation
Notes
Civil liberties are freedoms protected from government interference. The Bill of Rights (first ten amendments, 1791) lists many of them.
- Originally the Bill of Rights limited only the national government (Barron v. Baltimore, 1833).
- The 14th Amendment (1868) says no state may "deprive any person of life, liberty, or property, without due process of law."
- Selective incorporation: the Supreme Court applies most Bill of Rights protections to the states, case by case, through the 14th Amendment's due process clause.
- ***Gitlow v. New York* (1925)**: first incorporated free speech against the states.
- ***McDonald v. Chicago* (2010)**: incorporated the Second Amendment.
- Procedural due process: fair procedures. Substantive due process: some rights are so basic government cannot take them away even with fair procedures.
| Amendment | Main protections |
|---|---|
| 1st | Religion, speech, press, assembly, petition |
| 2nd | Keep and bear arms |
| 3rd | No forced quartering of soldiers |
| 4th | No unreasonable searches and seizures |
| 5th | Grand jury, no double jeopardy, no self-incrimination, due process, just compensation |
| 6th | Speedy public jury trial, lawyer, confront witnesses |
| 7th | Jury in civil cases |
| 8th | No excessive bail or cruel and unusual punishment |
| 9th | Rights not listed are still kept by the people |
| 10th | Powers not delegated are reserved to states or people |
Practice
The process of applying the Bill of Rights to state governments through the 14th Amendment is called:
The Court incorporates rights one at a time using the due process clause.
Which case first applied freedom of speech to the states?
Gitlow (1925) began selective incorporation with free speech.
A person argues she has a right that is not listed in the Constitution. Which amendment supports the idea that unlisted rights still exist?
The Ninth Amendment says listing some rights does not deny others kept by the people.
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