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Bill of Rights and Incorporation
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Bill of Rights and Incorporation

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    • 1. Ratification of the Constitution The Debate between the States
    • 2. Constitutional Convention
    • 3. Constitutional ConventionSummer 1787, Philadelphia
    • 4. Constitutional ConventionSummer 1787, Philadelphia Compromises: Great Compromise, 3/5 Compromise, Commercial Compromise (among others)
    • 5. Constitutional ConventionSummer 1787, Philadelphia Compromises: Great Compromise, 3/5 Compromise, Commercial Compromise (among others) September 17, 1787: Constitution signed
    • 6. Constitutional ConventionSummer 1787, Philadelphia Compromises: Great Compromise, 3/5 Compromise, Commercial Compromise (among others) September 17, 1787: Constitution signed Of the 55 delegates, 39 signed it
    • 7. Constitutional ConventionSummer 1787, Philadelphia Compromises: Great Compromise, 3/5 Compromise, Commercial Compromise (among others) September 17, 1787: Constitution signed Of the 55 delegates, 39 signed it Then sent to the Continental Congress
    • 8. Ratification
    • 9. Ratification9 out of the 13states had to ratify(approve) it
    • 10. Ratification9 out of the 13states had to ratify(approve) itNew York andVirginia were thetoughest states
    • 11. Federalists & Antifederalists Left to Right: - John Jay - James Madison - Alexander Hamilton Left to Right: - Patrick Henry - Thomas Paine - George Mason
    • 12. Federalists & Antifederalists Left to Right: - John Jay - James Madison - Alexander HamiltonFederalists: Supporters of the Constitution Left to Right: - Patrick Henry - Thomas Paine - George Mason
    • 13. Federalists & Antifederalists Left to Right: - John Jay - James Madison - Alexander HamiltonFederalists: Supporters of the ConstitutionAntifederalists: Opponents of the Constitution Left to Right: - Patrick Henry - Thomas Paine - George Mason
    • 14. The Federalist Papers
    • 15. The Federalist PapersIn response to the Antifederalist Papers
    • 16. The Federalist PapersIn response to the Antifederalist PapersWritten by John Jay, James Madison, Alexander Hamiltonunder the name “Publius”
    • 17. The Federalist PapersIn response to the Antifederalist PapersWritten by John Jay, James Madison, Alexander Hamiltonunder the name “Publius”Gave support for the Constitution - political theory
    • 18. The Bill of Rights
    • 19. The Bill of RightsWhat is a “Bill of Rights”?
    • 20. The Bill of RightsWhat is a “Bill of Rights”?Many states wanted a Bill of Rights attached to theConstitution
    • 21. The Bill of RightsWhat is a “Bill of Rights”?Many states wanted a Bill of Rights attached to theConstitutionJames Madison proposed bill in June 1789 - debates held inCongress
    • 22. The Bill of RightsWhat is a “Bill of Rights”?Many states wanted a Bill of Rights attached to theConstitutionJames Madison proposed bill in June 1789 - debates held inCongress12 Amendments agreed upon - only 10 passed
    • 23. The Bill of Rights only applied to the actions of thefederal government, NOT the states
    • 24. The Bill of Rights only applied to the actions of thefederal government, NOT the statesBut state constitutions had their own Bills of Rights thatusually were similar to the federal government.
    • 25. The Bill of Rights only applied to the actions of thefederal government, NOT the statesBut state constitutions had their own Bills of Rights thatusually were similar to the federal government.Barron v. Baltimore (1833)
    • 26. Incorporation “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”1960s: Establishment Clause, right to counsel, free speech, assembly, petition,right against unreasonable searches and seizures were incorporatedOnly the 3rd, grand jury indictment (5th), and 7th are not incorporated.
    • 27. IncorporationApplication of the Bill of Rights to the states. “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”1960s: Establishment Clause, right to counsel, free speech, assembly, petition,right against unreasonable searches and seizures were incorporatedOnly the 3rd, grand jury indictment (5th), and 7th are not incorporated.
    • 28. IncorporationApplication of the Bill of Rights to the states.Used the 14th Amendment to require states to follow the Billof Rights. (due process) “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”1960s: Establishment Clause, right to counsel, free speech, assembly, petition,right against unreasonable searches and seizures were incorporatedOnly the 3rd, grand jury indictment (5th), and 7th are not incorporated.