1. The Bill of Rights and the States Civil Liberties : individual legal and constitutional protections against the government, established in the constitution as the Bill of Rights http://t3.gstatic.com/images?q=tbn:ANd9GcQe71BLOFMBliUdFGyFTvueUgtVy54riW3mQqE1tz5HrDWFFsxK Bill of Rights Scroll; Accessed 3/16/2011
2. http://www.mdhs.org/Library/Images/Mellon%20Images/Z24access/z24-00140.jpg (Baltimore Harbor Pile Driver) Accessed 3/16/2011 Barron v. Baltimore, 1833 John Barron sues the City of Baltimore for just compensation as water is diverted, he loses his business and received no compensation. U.S. Supreme Court ruled that the provisions of the Bill of Rights only restrain the actions of the national governments, and do not apply to state and local governments.
3. Gitlow v. New York, 1925 Benjamin Gitlow was a Socialist who was distributing pamphlets espousing the creation of a socialist state through strikes and other group actions. He was arrested and convicted under New York anarchy laws. U.S. Supreme Court upheld his conviction but , ruled that “freedoms of speech and press were fundamental rights and liberties protected by the 14 th Amendment from impairment by the states”. 14 th Amendment : “No state shall make or enforce any law which shall abridge the privileges of 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”.
4. Incorporation Doctrine : the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th Amendment. Exceptions (provisions of the Bill of Rights not incorporated): 3rd and 7th Amendments Grand Jury requirement of the 5th Amendment Prohibition of excessive fines and bails of the 8th Amendment. 1932, Right to counsel if accused of a capital crime, Powell v. Alabama 1948, No unreasonable searches and seizures, Wolf v. Colorado 1961, Exclusionary rule of evidence, Mapp v. Ohio 1965, Right to confront witnesses, Pointer v. Texas 1968, Right to a jury trial for serious crimes, Duncan v. Louisiana Historical examples :