The Bill of Rights and
the 14th amendment
What you should understand about
their relationship…
Rights in the Constitution
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No titles of nobility
Trial by Jury (Article III)
No ex post facto laws (Article I, Section 9)
No suspension of writ of habeas corpus (Article I,
Section 9)
No bills of attainder
Protection of citizens as they travel or move
state to state (Privileges and Immunities Clause)
Republican Form of Government
No religious test for holding of office
The Bill of Rights
• Introduced at the first Congress – 12
amendments but only 10 passed
• Intent: protect citizens from the actions
of the NATIONAL government
• 1833: Barron v. Baltimore – the Supreme
Court rules that the states do NOT have
to abide by the Bill of Rights
14th Amendment’s Role
• 1868: 14th Amendment added to the
Constitution – rely on Due Process
Clause
• 1925: Gitlow v. New York – started
the trend of “Selective
Incorporation” or Nationalization of
the Bill of Rights
Selective Incorporation
• Case by case determination by the
Supreme Court whether or not a right
should be protected by the states and
national government
• That is why you might find 1st amendment
and 14th amendment
• Palko v. Connecticut – what is a
fundamental right for the person involved?
Should be incorporated for fairness value?
Rights NOT incorporated
• 2nd amendment – right to bear arms
• 3rd amendment – quartering of troops
• 5th amendment – grand jury indictments NOT
required for all criminal cases in the states
• 7th amendment – civil trial by jury – changed the
dollar amount required
• 9th amendment – privacy
• 10th amendment – powers reserved to the states
Right to Privacy
• Not directly stated in the Constitution, but there
are Zones of Privacy found
• 1st – freedom of association, expression, thought
• 3rd – homes
• 4th – homes
• 5th – self incrimination
• 9th – any unenumerated rights are granted
• 14th – due process clause incorporates the rights
into the states
Right to Privacy
• Griswold v. Connecticut – first case
to test the 9th amendment
– Birth control issue
– Right to be free from government
surveillance and intrusion
– Right not to have private matters made
public
– Free in thoughts and beliefs
• Eisenstadt v. Baird – also involved the
14th amendment’s equal protection
clause
– Birth control for unmarried couples
Abortion issue
• Roe v. Wade – 1973 – class action lawsuit –
abortions are legal and unrestricted to the third
trimester – started the trimester test
• Planned Parenthood v. Casey -1992- reaffirmed
ROE, prior to viability only reasonable regulations
• Stenberg v. Carhart – 2000 – ban on partial birth
abortions ruled unconstitutional due to “undue
burden on the female”
• Some regulations include – parental notification,
permission, waiting period, counseling, hospitals
for specific abortions, etc.
Privacy and Sexual
Orientation
• Bowers v. Hardwick – 1986 – anti sodomy laws
ruled constitutional – there was no discrimination
involved
• Baker v. Vermont, Powell v. Georgia and Kentucky
v. Wasson – rights of civil unions
• Boy Scouts of America v. Dale – private
associations may ban at their discretion
• Lawrence v. Texas – Anti Sodomy laws are ruled
unconstitutional – interference with private
matters.