TOPIC #18 — EXERCISE OF JUDICIAL REVIEW: THE 14th AMENDMENT

AND THE NATIONALIZATION OF THE BILL OF RIGHTS

Q1.     Does the First Amendment prohibit a state legislature from making a law abridging the freedom of speech?

Q2.     Why is the Section 1 of the 14^th Amendment probably the most important change ever made in the U.S. Constitution? What particular circumstances are the other sections of the 14^th Amendment evidently addressing?

Q3.     What does the phrase “Nationalization of the Bill Rights” refer to?

Q4.     The 6^th Amendment says that “In all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defense.” While fairly straightforward, this provision is susceptible to varying interpretations. What questions arise in interpreting this provision of the Bill of Rights?

The Bill of Rights and state governments: Barron v. Baltimore (1833)

The 14th Amendment and the "second founding" of the U.S.

          substantive due process and laissez faire

the nationalization of the Bill Rights

          incorporating 1st Amendment

                     freedom of speech: Gitlow v. New York (1925), Near v. Minnesota (1931)

                     establishment of religion: Engle v. Vitale (1963)

          incorporating a "fair trial" requirement (Amendments 4-6)

                     right to counsel

                                Powell v. Alabama (1932) [the “Scottsboro case”]

                                Betts v. Brady (1942)

                                Gideon v. Wainwright (1963)

                                Escobedo v. Illinois (1964)

                                Miranda v. Arizona (1966)