Value Debate & The Application of Historical, Legal & Constitutional Issues
Larry McCarty
larry.mc@excite.com or champcraft1@gmail.com
Basic considerations:
evolution of U.S. political parties
from the federalist versus anti-federalist to Democrat versus Republican
role of political parties today
political parties versus political ideology
Key Documents:
Mayflower Compact
important early written document
provided basic framework for future political issues
Declaration of Independence
introduction of natural rights
historical context
social contract issues
U.S. Constitution
major parts
preamble
body – 7 articles
Bill of Rights
remaining Amendments
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Bill of Rights Guarantees
First Amendment – Establishment Clause, Free Exercise Clause, freedom of speech, freedom of
the press, freedom of assembly, right to petition
Second Amendment – Right to bear arms
Third Amendment – protection from quartering of troops
Fourth Amendment – protection from unreasonable search and seizure
Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain, Grand jury
Sixth Amendment – trial by jury, rights of accused, confrontation clause, speedy trial, public trial,
right to counsel
Seventh Amendment – civil trial by jury
Eighth Amendment – excessive bail, cruel and unusual punishment
Ninth Amendment – rights not specifically enumerated in the Constitution
Tenth Amendment – power of states and people
Significance of the Branches of Government
historical shift of power
emergence of the Supreme Court
ideological influences
Doctrine of Incorporation (Doctrine of selective incorporation)
A constitutional doctrine whereby selected provisions of the Bill of Rights are made applicable to
the states through the due process clause of the Fourteenth Amendment
The precedent … that the Fourteenth Amendment makes the Bill of Rights applicable to state law
as well as federal law. (Until the incorporation doctrine was adopted, the Bill of Rights applied only
to federal law. State law was regulated by the individual state bills of rights, found in each state
constitution, but the federal court system's power to strike down oppressive state laws was almost
nonexistent.)
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The Supreme Court and Incorporation
First Amendment Cases
establishment clause – Everson v. Board of Education
free exercise clause – Cantwell v. Connecticut
freedom of speech – Gitlow v. New York
freedom of the press – Near v. Minnesota
freedom of assembly – DeJonge v. Oregon
right to petition – Edwards v. South Carolina
Second Amendment Cases
McDonald v. Chicago
Third Amendment
Fourth Amendment
search and seizure – Wolf v. Colorado
exclusionary rule – Mapp v. Ohio
warrant requirements – Aguilar v. Texas
Fifth Amendment
self incrimination – Malloy v. Hogan
Sixth Amendment
multiple cases addressing each issue
Seventh Amendment
various cases
Eight Amendment
Ninth Amendment
Tenth Amendment
Application of philosophical issues
liberty
justice
social contract
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