-bill of rights refers to the states piece by piece, also refers to state action s.

-establishment clause--> congress can't make a law to establish a religion. -freedom of the press comes into conflict with a public trial. -branches will fight over to see who determines what the law means. - if you give exemptions to religions , it violates the freedom from establishin g a religion -Bill of rights, federalists didn't think it was necessary to have bill of right s. -Hamilton said there is nothing in the constitution that will restrict freedom o f the press, so why make the bill of rights. Gave into anti-federalists and let them have the bill of rights to make sure the states kept certain rights -there were 17 proposed amendments in bill of rights. Madison was the main man w ho created must of the amendments. he was concerned about the states infringing on the people. he said the amendments will also restrict the states. some said t h ebill of rigths should retrict the national govt. -civil liberties is your freedom from the federal govt. govt can't restrict the certain rights given under the bill of rights. these rights come mostly from the bill of rights. -come specifically from bill of rights, invoked by the not given due process -civil rights, equality for all citizens. came mostly from 14th amendment. freed om protected by federal govt. govt make sure everyone is being treated the same. -interpretation of the bill of rights intiually, the bill of rights only applies to federal govt and not the states. -barron v. baltimore, ruled against barron b.c the said the bill of rights only applied to the federal govt, giving the city of balt. right to do things that vi olated the bill of rights. -dual citizenship, you are the citizen of the state and the the citizen of the U .S. When the state acts, it';s only bound by the state's govt. -14th amendment, privileges or immunities clause said every one is a citizen und er the federal govt, refers to the bill of rights. It tried to unify the whole c ountry as one group and not individual states. -the 14th says the bill of rights applies to all states -Slaughterhouse case kills the 14th amendment -SC -butchers say they can't run their business b.c of the monopoly -SC says the 14th amendment only refers to black citizens and not to the white b utchers who used the 14th amendment as their claim. -congress couldn't have intended to apply all the bill of rights to the states u nder the 14th according to the SC -the SC ruling in the Slaughterhouse case reflects the SC background;s as white men from the South. they were conservative and ruled the 14th the way they wante d. -judicial branch is dangerous -"selective" the SC have piece by piece clause by clause applied them to the sta tes in different cases. -incorporation protected the citizens from the states acccess to violate the bil l of rights. -it will take 75 years for the SC to apply some parts of the bill of rights to t he states. -first wave --> when each thing of the bill of rights was applied to the states. SC wanted to stop after these 4 basic incorporations (1st amendment, and 5th)

SC decides that the freedom of spe ech rights go to the federal govt but still sends him to jail anyway. but the states could charge a person multiple times. -judicial activism -second wave--> a liberal supreme court.S--> Schenk was a "clear and present danger" to the cause of the wa r. Will countinue to decide with the states on freedom of speech until 1969 -Brandenburg v. etc -Political speec. they passed brown v.S v. Villiage of Skokie--> this group was mo deled by Hitler's Nazi party.S v. Raic--> the SC said the federal govt can ban the use of medical ma rijuana. -National socialists party of America v. it's up to the states -U. had some de-nationalization -U. Schenk argued WWI was immoral and told the young men to resist the war.. Ross Peru spending 100 million dollars of his money (instead o f a set budget for campagin. Said Gitlo w could have caused dangerous situations had the ppl striked. U." and says Schenk actions cou ld have caused differing opinion in the nation. he could have caused major uproar. Conn (important). -Where does the SC currently stand--> Protected Speech -Symbolic speech. -provides speed bump for any more incorporations until the 60's when a liberal S C came into power. In a federal court the person would have the right. you have to prove the repor ter tried to kill your character and hurt your image -porn and obscenity--> Falwell (conservative senator) went after Hustler for dra wing a cartoon of the senator's mother having sex. Federa l courts can't try double jepordy. states will decide if women can go up to federal courts .) Unproteced Speech -newspapers with libel and slander. The SC uses "clear.-Palko v.court refused to incorporate double jeporady.Gonzalez v. SC ruled in favor of KKK and said that the speech of the KKK member was not "imminent" mean ing there was no proof killings would have gone on at that instant. Lopez--> national govt can''t pass a law prohibiting firearms on school ground. NY. Morrison--> women who are victims of abuse who feel they are not getting a fair trial in state courts then they can go to the federal courts. -Schenk v. Gitlow v. all under first amendment protections -Freedom of Speech. SC said the socialists party had the freedom to ma rch through the town.Gitlow (leader of radical faction of the Socialists party) tries t o get people to participate in labor strikes. Ohio--> KKK member who was spreading KKK propaganda to kill blac ks. -prior to incorp.. Very funny compared to the first two cases -1st amendment. a SC says that right adheres to those citizens in those certai n states. states passed many sedition laws--> govt wil fine you or thr ow you in jail if you said something against the federal govt. Falwell lost. congress c an not do this. hard to do this. . but it was very di fferent in state courts -Rehnquist court. flag burning. the warren court. board of education. He told KKK members with guns to go out and rough up the blacks.

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