3.1b Selective Incorporation

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In addition to reading today's post, please make sure you:

1. Complete the assigned Khan Academy modules over selective incorporation 
2. Watch the video assigned through EdPuzzle (no questions)
3. Complete the self-assessment on selective incorporation.

As always, email me if you have any questions or need help!

READING: 85-126 in Edwards

UNIT THREE Identification Terms 
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Today's Essential Question: What is selective incorporation and how does it affect individual liberties?

Learning Standards:

LOR-2.A: Explain how the U.S. Constitution protects individual liberties and rights.

LOR-2.B: Describe the rights protected in the Bill of Rights

LOR-2.A.1: The U.S. Constitution includes a Bill of Rights specifically designed to protect individual liberties and rights.

LOR-2.A.2: Civil liberties are constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference.

LOR-2.B.1: The Bill of Rights consists of the first ten Amendments to the Constitution, which enumerate the liberties and rights of individuals.

Today's Key Questions:
1. Does the Bill of Rights apply to the states or are they just protections from the federal government?
2. What is incorporation, sometimes referred to as selective incorporation?


1. Does the Bill of Rights apply to the states or are they just protections from the federal government? 
2. What is incorporation, sometimes referred to as selective incorporation?
The 1st Amendment begins, "Congress shall make no law respecting an establishment of religion..."  Does this mean that the Bill of Rights only protects you from the federal government or does it extend to protections from state governments as well? The Supreme Court first addressed this issue in the court case Barron v. Baltimore (1833). Read this case summary to see what the Marshall Court decided.

The passage of the 14th Amendment in 1870 radically changes the Constitution and its meaning however. Specifically, the due process clause prevents states from depriving citizens of their life, liberty, or property without due process of law. A series of court cases starting in the 20th century begins applying the Bill of Rights to the states, a process known as incorporation. Read about the 14th Amendment, due process, and selective incorporation here.

How do each of the following court cases relate to concept of incorporation? What right is being incorporated?

• Gitlow v. New York, 1925
• Near v. Minnesota, 1931
• Mapp v. Ohio, 1961
• Gideon v. Wainwright, 1963
• McDonald v. Chicago, 2010

Review Videos: