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The 14th Amendment
From states’ rights toequal protection under the law
James Madison
• Wrote the First Amendment
James Madison
• Wrote the First Amendment
• Wanted to protect against state action
James Madison
• Wrote the First Amendment
• Wanted to protect against state action
• Failure to do so was a huge setback
Thomas Jefferson
• Wrote the Kentucky Resolutions
Thomas Jefferson
• Wrote the Kentucky Resolutions
• Said states could nullify unconstitutional federal laws
Thomas Jefferson
• Wrote the Kentucky Resolutions
• Said states could nullify unconstitutional federal laws
• States’ rights also used to defend slavery
Marbury v. Madison (1803)
• John Marshall (left) established idea of judicial review
Marbury v. Madison (1803)
• John Marshall (left) established idea of judicial review
• Constitutional law must trump laws passed by Congress
Marbury v. Madison (1803)
• John Marshall (left) established idea of judicial review
• Constitutional law must trump laws passed by Congress
• No one seriously questions the Court’s role today
Barron v. Baltimore (1833)
• Barron sought redress under the “just compensation” clause of the Fifth Amendment
Barron v. Baltimore (1833)
• Barron sought redress under the “just compensation” clause of the Fifth Amendment
• Supreme Court, under Justice Marshall, said the U.S. Constitution can’t be applied to state laws
Barron v. Baltimore (1833)
• Barron sought redress under the “just compensation” clause of the Fifth Amendment
• Supreme Court, under Justice Marshall, said the U.S. Constitution can’t be applied to state laws
• A major boost for states’ rights
Post–Civil War amendments
• 13th Amendment abolished slavery
Post–Civil War amendments
• 13th Amendment abolished slavery• 15th Amendment granted voting rights
Post–Civil War amendments
• 13th Amendment abolished slavery• 15th Amendment granted voting rights• 14th Amendment, passed in 1868:
– Citizens of the United States– “Due process” and “equal protection” cannot be
abridged by the states– The United States becomes an it instead of a they
— a union at last
Plessy v. Ferguson (1896)
• “Separate but equal”
Plessy v. Ferguson (1896)
• “Separate but equal”• Justice Brown ruled
there was no issue involving the 14th Amendment
Plessy v. Ferguson (1896)
• “Separate but equal”• Justice Brown ruled
there was no issue involving the 14th Amendment
• Justice Harlan wrote a stirring dissent to Brown’s “pernicious” decision
Brown v. Board of Education(1954)
• Ended separate but equal
Brown v. Board of Education(1954)
• Ended separate but equal
• NAACP lawyer Thurgood Marshall (right) represented defendants
Brown v. Board of Education(1954)
• Ended separate but equal
• NAACP lawyer Thurgood Marshall (right) represented defendants
• Turned the promise of the 14th Amendment into reality
Gitlow v. New York (1925)
• Gitlow (left) loses, but Justice Sanford paves the way for future victories
Gitlow v. New York (1925)
• Gitlow (left) loses, but Justice Sanford paves the way for future victories
• The 14th Amendment is incorporated into the First Amendment
Justice Sanford
“[W]e may and do assume that freedom of speech and of the press … are … protected by the due process clause of the Fourteenth Amendment from impairment by the States.”
Justice Holmes
• “The great principle of free speech, it seems to me, must be taken to be included in the Fourteenth Amendment”
Justice Holmes
• “The great principle of free speech, it seems to me, must be taken to be included in the Fourteenth Amendment”
• “Every idea is an incitement”