The 14th Amendment
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The 14th Amendment

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From states' rights to equal protection under the law.

From states' rights to equal protection under the law.

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  • 1. The 14th Amendment
    From states’ rights toequal protection under the law
  • 2. James Madison
    Wrote the First Amendment
  • 3. James Madison
    Wrote the First Amendment
    Wanted to protect against state action
  • 4. James Madison
    Wrote the First Amendment
    Wanted to protect against state action
    Failure to do so was a huge setback
  • 5. Thomas Jefferson
    Wrote the Kentucky Resolutions
  • 6. Thomas Jefferson
    Wrote the Kentucky Resolutions
    Said states could nullify unconstitutional federal laws
  • 7. Thomas Jefferson
    Wrote the Kentucky Resolutions
    Said states could nullify unconstitutional federal laws
    States’ rights also used to defend slavery
  • 8. Marbury v. Madison (1803)
    John Marshall (left) established idea of judicial review
  • 9. Marbury v. Madison (1803)
    John Marshall (left) established idea of judicial review
    Constitutional law must trump laws passed by Congress
  • 10. 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
  • 11. Barron v. Baltimore (1833)
    Barron sought redress under the “just compensation” clause of the Fifth Amendment
  • 12. 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
  • 13. 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
  • 14. Post–Civil War amendments
    13th Amendment abolished slavery
  • 15. Post–Civil War amendments
    13th Amendment abolished slavery
    15th Amendment granted voting rights
  • 16. 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
  • 17. Plessy v. Ferguson (1896)
    “Separate but equal”
  • 18. Plessy v. Ferguson (1896)
    “Separate but equal”
    Justice Brown ruled there was no issue involving the 14th Amendment
  • 19. 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
  • 20. Brown v. Board of Education(1954)
    Ended separate but equal
  • 21. Brown v. Board of Education(1954)
    Ended separate but equal
    NAACP lawyer Thurgood Marshall (right) represented defendants
  • 22. 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
  • 23. Gitlow v. New York (1925)
    Gitlow (left) loses, but Justice Sanford paves the way for future victories
  • 24. 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
  • 25. 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.”
  • 26. Justice Holmes
    “The great principle of free speech, it seems to me, must be taken to be included in the Fourteenth Amendment”
  • 27. 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”