Gposc 225 1nd Edition Lecture 11 Outline of Last Lecture I. 1. Federalists argument against the Bill of RightsII. 2. Anti-Federalist argument for the Bill of Right.III. 3. Incorporation of the Bill of Rightsa. Barron V Baltimore (1833)b. Slaughterhouse CaseOutline of Current Lecture II. Nationalisation of the Bill of RightsIII. Slaughterhouse CasesIV. Selective Incorporationa. 1st caseb. 2nd casec. 3rd cased. Gideon V WainwrightV. Intro to Civil RightsCurrent Lecture - Integration of the Bill of RightsNationalization of the Bill of RightsCivil Liberties in the Constitution (things government cannot do) Civil rights (things government can do under the constitution to bring about certain goals)-In Article 1 section 9-10, rights are already granted such as the habeas corpus, and ex post facto law.- remember BARRON vs BALTIMORE, Barron sued based on the 5th amendment.Slaughterhouse CasesThe 14th amendment was passed in 1868. Remember in the 13th amendment was the only time slavery is actually named in the constitution. the 14th amendment includes these 4 important things:1. If you were born in the US, you are a citizen2. the Equal Protection Clause3. Privileges and Immunities clause4. Due Process Clause● In the slaughterhouse cases LA state government gave slaughterhouse monopoly to one company● They sued the federal court because of “privileges and immunities clause” which directlystates that “no state shall” so it applies to the state government.● Court rules against it: saying privileges and immunities do not apply the bill of rights to citizens under state government. it only protects the rights that the national governmentprotects.● This court ruling basically killed the privileges and immunities clause and made it a “dormant clause”So to sum up; in the early 1870s the supreme court refuses to read the 14th amendment as altering the relationship between the Bill of Rights and the state government.Selective IncorporationIn the mid 1920’s the court changes its mind using the “due process’ clause.Then in 1925 the 1st amendment (free speech) was applied to the states - in Gitlow v. NY. This was the first time the Bill of RIghts applied to the states. Selective incorporation says that parts of the bill of rights apply to the states. Total incorporationsays that because of the 14th amendment, all of the Bill of Rights totally applies to the states. Well how do you select? They defined which rights applied as which ones were important to democratic society. “neither liberty nor justice would exist if sacrificed”. 6th AmendmentWhy is the 6th amendment even in there? the Right to counsel because British law denied you representation (attorney at trial). NOTE: it says your right to counsel shall not be denied, this doesn’t guarantee that you would beSUPPLIED one. So 1) what about poor defendants? and 2) does this apply to state governments?1st Case Incorporating the Bill of Rights● 1932 Scottsboro case POWELL v ALABAMA (height of great depression)● Supreme Court overturns state conviction (for the FIRST TIME) of death penalty for blackyouths arguing that they were not given reasonable time to secure an attorney. ● And they ruled that you must appoint an attorney under certain circumstances such as the death penalty.2nd Case● JOHNSON v SERBST 1938. Counterfeit case so it was a federal, not a state case. Supreme court ruled that regardless of the circumstances of the case, the federal government must supply an attorney.3rd Case● BETTS v Brady 1942. Robbery state trial.● They ask if counsel is essential here (under the selective incorporation system)?● Court rules no and makes a list of 20 factors relevant to determining when counsel is necessary. The list keeps growing until ….GIDEON v WAINWRIGHTUnder florida laws he appeals to supreme court to overturn Betts V Brady and wins. Civil RightsSlavery and the American Founding:Pre-constitutional convention there are already acts and rulings to say that slavery is unethical and inconsistent with revolution principles. Why didn’t they ban slavery in the first place?● Out of self interest- it was a huge part of the economy● Belief that slavery was already fading out of existence● To save the union and not lose the southern statesThe ultimate goal was to preserve the union WHILE putting slavery on a path to